SB56 (2010) Detail

(New Title) expanding the duties of the commission to study issues relative to groundwater withdrawals.


CHAPTER 31

SB 56 – FINAL VERSION

01/13/10 0033s

2010 SESSION

09-0968

06/01

SENATE BILL 56

AN ACT expanding the duties of the commission to study issues relative to groundwater withdrawals.

SPONSORS: Sen. Cilley, Dist 6

COMMITTEE: Energy, Environment and Economic Development

AMENDED ANALYSIS

This bill expands the duties of the commission to study the financial responsibility to be demonstrated by a person seeking approval for a large groundwater withdrawal.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/13/10 0033s

09-0968

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT expanding the duties of the commission to study issues relative to groundwater withdrawals.

Be it Enacted by the Senate and House of Representatives in General Court convened:

31:1 Commission to Study Issues Relative to Groundwater Withdrawals; Duties Expanded. Amend 2003, 305:3 as amended by 2008, 176:1 to read as follows:

305:3 Duties.

I. The commission shall:

(a) Study ways to bring a balanced approach to water use among residential, public water supply, industrial, commercial, agricultural, energy, recreational, and other water users, and to improve the current process by which new water users may reasonably and efficiently use state water resources, including consideration of potential regional impacts and local water management issues, in order to best protect and preserve an adequate supply of water for the state with particular attention to groundwater. This study shall include consideration of issues such as potential impacts on New Hampshire’s environment, property rights as they relate to groundwater, possible fees on water withdrawals, and the protection of New Hampshire’s aquifers. [The commission shall also ]

(b) Study criteria, including public benefit, for the granting of large water withdrawals other than those of RSA 485-C and RSA 485-A. Consideration of this issue shall include appropriate roles for municipalities in the permitting and regulation of large groundwater withdrawals and include input from municipalities and other appropriate entities. [The committee shall]

(c) Study the amount of financial responsibility the person seeking approval for a large commercial groundwater withdrawal would be required to demonstrate, including bonding and insurance. In determining such amount, the commission shall consider potential damage to the environment and nearby wells, including but not limited to, unreasonable reductions in well capacity or contaminant migration from off-site contamination sources which impact water quality.

(d) Design an appropriate statewide monitoring plan to ensure long term sustainability of groundwater resources and participation in the development and distribution of public educational materials on the municipal role in large groundwater permitting, including local and state regulations.

II. The commission may address other issues related to water.

31:2 Effective Date. This act shall take effect upon its passage.

Approved: May 18, 2010

Effective Date: May 18, 2010