Revision: June 22, 2017, 9:32 a.m.
HB 258 - AS AMENDED BY THE SENATE
05/31/2017 1981s
2017 SESSION
17-0586
08/10
HOUSE BILL 258
AN ACT relative to the submission and approval of subsurface sewage disposal system plans, relative to septic requirements in conversions to accessory dwellings, and authorizing certain septage and sludge land applications.
SPONSORS: Rep. Sprague, Straf. 18
COMMITTEE: Resources, Recreation and Development
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I. Makes various changes to the process for submission and approval of subsurface sewage disposal system plans.
II. Extends an exemption from restrictions on certain septage and sludge land application..
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/31/2017 1981s 17-0586
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Registry of Deeds; Subsurface Sewage Disposal Systems. Amend RSA 485-A:29, II to read as follows:
II. [Permitted designers of subsurface sewage disposal systems shall obtain the registry of deeds volume and page numbers for each lot that relates to the septic system application and provide them to the department.] The department shall develop and approve an outline of brief instructions for the periodic maintenance, care and proper usage of waste disposal systems, including a warning of the potential public health hazard and pollution of public and private water supplies and surface water of the state from improperly maintained sewage and waste disposal systems.
2 New Paragraph; Approval; Failed Septic Systems. Amend RSA 485-A:32 by inserting after paragraph II the following new paragraph:
II-a. Any person submitting an application and plans for construction approval to replace a subsurface sewage disposal system in failure as defined in RSA 485-A:2, IV shall be exempt from presenting a certification of compliance with local government requirements as required by paragraph II.
3 Sewage Disposal Systems; Off Lot Disposal Areas. Amend RSA 485-A:38, II-a(a)(1)(B) to read as follows:
(B) The lot is 5 acres or more in size ; or
(C) The lot is served by an off lot effluent disposal area.
4 Accessory Dwelling Units; Sewage Disposal Systems. Amend RSA 674:72, V to read as follows:
V. The applicant for a permit to construct an accessory dwelling unit shall make adequate provisions for water supply and sewage disposal for the accessory dwelling unit in accordance with RSA 485-A:38, but separate systems shall not be required for the principal and accessory dwelling units. In order to comply with this paragraph and prior to constructing an accessory dwelling unit, an application for approval for a sewage disposal system shall be submitted in accordance with RSA 485-A as applicable. The approved sewage disposal system shall be installed only if the existing system has not received construction approval and approval to operate under current rules or predecessor rules, or the system fails or otherwise needs to be repaired or replaced.
5 Use Authorization; Septage and Sludge Land Application. Amend 1998, 56:6 as amended by 2003, 43:14, 2003, 302:3, 2005, 141:2, 2007, 287:1, and 2011, 32:5 to read as follows:
56:6 [Temporary] Use Authorization. The septage and sludge land application restrictions contained in RSA 483:9, VI(c), RSA 483:9-a, VII(b), RSA 483:9-aa, VII(b), and RSA 483:9-b, VII(b) shall not apply [until January 1, 2017] to any land upon which septage or sludge has been spread in accordance with all applicable rules adopted by the federal Environmental Protection Agency and the New Hampshire department of environmental services, during any portion of the 3-year period prior to January 1, 1998. In addition, there shall be no termination of this restriction exemption for qualifying land that is used for scientific research on septage or sludge. Any continued application of septage and sludge pursuant to this section shall comply with all applicable federal and state laws and any best management practices published by the university of New Hampshire cooperative extension.
6 Effective Date. This act shall take effect 60 days after its passage.
17-0586
Amended 6/21/17
HB 258- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2017-1981s)
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Expenditures | $0 | $0 | $0 | $0 |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Subsurface Systems Fund | |||
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LOCAL: |
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Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $0 | $0 | $0 | $0 |
METHODOLOGY:
The Department of Environmental Services states this bill amends RSA 485-A:38, II, to no longer require the submission of a new sewage disposal system plan and specifications prior to expanding, relocating, or replacing any structure that does not increase the load on the system, on lots served by off-site sewage disposal systems. The Department assumes this change will cause it to annually receive 10 fewer applications and forego the associated $300 fee. This will result in an estimated decrease of $3,000 each year of state restricted revenue (10 * $300). This bill also amends RSA 485-A:32, II, by removing the requirement that any person submitting plans for a sewage disposal system certify that they have complied with all local government requirements in those municipalities where regulations require prior local approval. The Department states this provision may have an indeterminable fiscal impact on local revenue because some municipalities charge fees to review certain applications for sewage disposal systems. However, the impact to local revenue cannot be determined because the fee amounts vary among municipalities.
AGENCIES CONTACTED:
Department of Environmental Services