AN ACT to amend and reenact subsection 2 of section 37-17.1-07.1 of the North Dakota Century Code, relating to the state's hazardous chemical fee system.
Senate Bill No. 2082 amends the North Dakota Century Code regarding the state's hazardous chemical fee system. The bill establishes a nonlapsing restricted account known as the state hazardous chemicals preparedness and response fund, which will collect revenue from the hazardous chemical fee system and appropriated funds. This fund is designated for the division of homeland security to support the objectives of the Superfund Amendments and Reauthorization Act (SARA) Title III and the state's hazardous chemicals preparedness and response program. Additionally, the bill outlines the fee structure for owners and operators of facilities handling hazardous chemicals, including annual fees based on the number of chemicals stored and provisions for late fees and exemptions for certain entities.
The bill also mandates that county treasurers establish a similar nonlapsing restricted account at the county level to finance local hazardous chemicals preparedness and response programs. The fees collected will be shared between the state and county accounts, ensuring that both levels of government have the necessary resources to manage hazardous chemical incidents effectively. Furthermore, the bill allows for the acceptance of grants and federal funds to support these programs, enhancing local emergency planning and response capabilities.
If enacted, SB2082 will impact state laws by formalizing the funding structure for hazardous chemical preparedness and response efforts. It will create a more systematic approach to managing hazardous chemicals at both state and county levels, ensuring that resources are available for training, equipment, and emergency response. The bill's provisions for fee adjustments and exemptions will also affect how facilities manage their compliance with hazardous chemical regulations, potentially leading to increased accountability and safety measures within the state.
The general sentiment surrounding SB2082 appears to be positive, with significant support reflected in the voting history, where it passed the Senate with 46 yeas and only 1 nay, and the House with 81 yeas and 11 nays. The discussions indicate a recognition of the importance of enhancing the state's preparedness for hazardous chemical incidents, although specific concerns about fee increases and the burden on small facilities were noted by some legislators.
Notable points of contention include concerns raised by some legislators regarding the potential financial burden on small facilities and family farms that may be subject to the hazardous chemicals fee. While the bill includes exemptions for certain entities, there are apprehensions about the implications of fee increases and the overall impact on local businesses. Additionally, some members expressed the need for clarity on how fee adjustments would be communicated and implemented, emphasizing the importance of transparency in the fee-setting process.