Revision: Jan. 21, 2010, midnight
SB 80 – AS AMENDED BY THE SENATE
02/17/05 0239s
2005 SESSION
06/03
SENATE BILL 80
AN ACT permitting the Emerald Lake village district to enact and enforce regulations to protect its public water supply and to have a health officer.
SPONSORS: Sen. Flanders, Dist 7; Rep. L. Elliott, Hills 1; Rep. Carew, Hills 1; Rep. Essex, Hills 1
COMMITTEE: Environment and Wildlife
This bill authorizes the Emerald Lake village district to:
I. Enforce certain laws that protect public water supplies.
II. Adopt certain water supply protection regulations.
III. Have a health officer for the district.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/17/05 0239s
05-0913
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT permitting the Emerald Lake village district to enact and enforce regulations to protect its public water supply and to have a health officer.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Emerald Lake Village District; Regulation and Enforcement Authorized. The Emerald Lake village district, a New Hampshire municipality organized pursuant to RSA 52, located within the town of Hillsborough, which operates a public water system for the purpose of supplying water pursuant to RSA 52:1, I(d), is hereby authorized as follows:
I. The district shall have authority to institute enforcement of any and all state laws which directly or indirectly protect public water supplies or their groundwater or surface water sources, and to this end may exercise all enforcement powers granted by such laws to towns or cities. Such laws include, but are not limited to the shoreland protection act, RSA 483-B; the safe drinking water act, RSA 485; the groundwater protection act, RSA 485-C; and the state statutes for the control of junk yards and automotive recycling yards, RSA 236:90-129.
II. The district shall also have authority to adopt such water supply protection regulations as may be adopted by towns or cities, including but not limited to the authority to mandate best management practices as defined in RSA 485-C; provided, however, that such authority shall not include the enactment of zoning regulations or the prohibition of categories of land uses not otherwise prohibited by state law or the town of Hillsborough.
III. The authority in paragraphs I and II may be exercised both within the district and within any protected shoreland area as defined in RSA 483-B, or delineated wellhead protection area or groundwater management zone, as defined in RSA 485-C, surrounding any of the district’s public water supply sources.
2 Village District Health Officer. The health officer of the town of Hillsborough may appoint a health officer for the Emerald Lake village district, who shall be subject to the approval of the village district commissioners, the town of Hillsborough selectmen, and the commissioner of the department of health and human services, and who shall, when appointed, be deemed a deputy health officer of the town of Hillsborough, and shall have all powers within the Emerald Lake village district as town health officers have under RSA 128 and RSA 147, subject to the direction of the town health officer and the department of health and human services. The health officer shall receive such compensation for services within the village district as determined by the village district or its commissioners. The voters of the village district shall raise and appropriate funds to compensate the health officer.
3 Adoption by District. The authority set forth in sections 1 and 2 of this act shall not become effective unless the voters of the Emerald Lake village district, acting at the annual district meeting, vote to adopt the provisions of this act.
4 Effective Date. This act shall take effect 60 days after its passage.