CHAPTER 27
SB 48 – FINAL VERSION
2009 SESSION
06/10
SENATE BILL 48
AN ACT relative to preventing contamination of groundwater from certain geothermal processes.
SPONSORS: Sen. Cilley, Dist 6; Sen. Merrill, Dist 21; Sen. Odell, Dist 8; Sen. Janeway, Dist 7; Rep. Moody, Rock 12; Rep. Keans, Straf 1; Rep. Perry, Straf 3; Rep. S. Price, Straf 3
COMMITTEE: Energy, Environment and Economic Development
This bill allows the commissioner of environmental services to adopt rules under the safe drinking water act regulating geothermal systems.
This bill is a request of the department of environmental services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0923
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to preventing contamination of groundwater from certain geothermal processes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
27:1 New Hampshire Well Water Board; Definition. Amend RSA 482-B:2, VII to read as follows:
VII. “Well” means a hole or shaft sunk into the earth which is deeper than it is wide to observe, sample, or withdraw groundwater, or to transfer heat to or from the subsurface.
27:2 New Paragraphs; Safe Drinking Water Act; Definitions. Amend RSA 485:1-a by inserting after paragraph I the following new paragraphs:
I-a. “Brackish” means a concentration in water of dissolved solids that is between 1,000 and 10,000 milligrams per liter.
I-b. “Closed loop geothermal system” means any heating or cooling system that operates by circulating fluid through a closed loop pipe or loops of pipes installed in the subsurface or surface water for the purpose of utilizing the geothermal properties of the subsurface or surface water as a heat source or sink.
27:3 New Paragraph; Definition. Amend RSA 485:1-a by inserting after paragraph V the following new paragraph:
V-a. “Freshwater” means water with a concentration of total dissolved solids that is less than 1,000 milligrams per liter.
27:4 New Paragraph; Definition. Amend RSA 485:1-a by inserting after paragraph XI the following new paragraph:
XI-a. “Open loop geothermal system” means any heating or cooling system that operates by withdrawing water from a well and returning the water to the source well or another well for the purpose of utilizing the geothermal properties of the subsurface as a heat source or sink.
27:5 New Paragraph; Definition. Amend RSA 485:1-a by inserting after paragraph XV-a the following new paragraph:
XV-b. “Salt water” means water with a concentration of total dissolved solids that exceeds 10,000 milligrams per liter.
27:6 New Paragraph; Rulemaking. Amend RSA 485:3 by inserting after paragraph XIII the following new paragraph:
XIV. The commissioner may adopt rules to:
(a) Regulate the heat exchange fluids utilized in closed loop geothermal systems. The commissioner’s rules shall include criteria and procedures to ensure that these substances when released to the environment will not endanger drinking water sources.
(b) Prohibit the construction of open loop geothermal systems where such process will contaminate freshwater aquifers with brackish or saline groundwater.
27:7 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 8, 2009
Effective Date: July 7, 2009