Panel backs clarifying statute for removal of unused home heating oil tanks

Representatives discussed an amendment to HB 1620 that would add a statutory definition for underground home‑heating oil tanks and require removal of tanks permanently taken out of service for environmental (groundwater) protection. Sponsor Representative Bixby said the change targets environmental hazards from tanks left in the ground after disuse.

Robert Bishop, administrator of DES’s Oil Remediation and Compliance Bureau, told the committee that state fire code focuses on preventing fires and explosions but does not define ‘‘permanently taken out of service’’ in a way that guarantees environmental protection. He described how abandoned tanks collect water and acids that corrode steel from the inside, increasing leak risk; that is the environmental rationale for a statutory removal requirement. Bishop also explained that the DES statute RSA 146‑A addresses groundwater pollution and that the proposed language places the concern on the environmental side rather than only the fire‑safety side.

Members questioned enforceability: Representative Scully asked how nonuse would be proven for tanks maintained as backup heating or used intermittently. DES answered that clear triggers — for example, when a heating system is replaced or when a tank is physically disconnected — would be sensible points when removal should be required. Several members suggested adding targeted language to the bill to avoid unintended burdens on homeowners who retain tanks for occasional use.

Next steps: Sponsors and interested members will draft clarifying language to define nonuse triggers (e.g., system replacement or permanent disconnection) and return an amendment in committee.