Bill Details - SB121 (2017)

SB 121  - AS INTRODUCED

 

 

2017 SESSION

17-0878

08/10

 

SENATE BILL 121

 

AN ACT relative to the MS 4 list of the department of environmental services.

 

SPONSORS: Sen. Sanborn, Dist 9; Sen. Watters, Dist 4; Rep. Cordelli, Carr. 4

 

COMMITTEE: Energy and Natural Resources

 

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ANALYSIS

 

This bill requires the department of environmental services to send the MS4 list to the environmental protection agency.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0878

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the MS 4 list of the department of environmental services.

 

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

 

1  Department of Environmental Services; Issuance of List of Impaired Waters; Findings.  The general court finds:

I.  The Federal Water Pollution Control Act, commonly called the Clean Water Act, as last reauthorized by the Water Quality Act of 1987, requires each state to submit a list of impaired waters to the U.S. Environmental Protection Agency (EPA) every 2 years.  The document is typically called the "303(d) List," so named because it is a requirement of Section 303(d) of the Clean Water Act.

II.  The New Hampshire department of environmental services (department) is responsible for submitting a list of impaired waters to the EPA in accordance with the Clean Water Act.

III.  The last 303(d) List approved by the EPA for New Hampshire is the 2012 303(d) List.  The 2012 303(d) List relied upon water quality data that is now very outdated.

IV.  The 2012 303(d) List is based, in part, upon the June 2009 Numeric Nutrient Criteria for the Great Bay Estuary.  In 2014, an independent peer review of the 2009 Numeric Nutrient Criteria concluded that the 2009 criteria was scientifically deficient and could not be relied upon.  Following the publication of the 2014 independent peer review report, the Department withdrew the 2009 Numeric Nutrient Criteria for the Great Bay Estuary.

V.  Because the 2012 303(d) List relied upon the 2009 Numeric Nutrient Criteria document, the 2012 303(d) List is not scientifically valid.  The 2014 List should delist all such waters as nutrient impaired if there is no scientifically defensible information to document nutrient impairment.

VI.  The draft 2014 303(d) List, issued in October 2015, delisted a number of previously impaired water bodies around the state.  This delisting has significant Municipal Separate Storm Sewer System MS4 permit and/or wastewater treatment ramifications to those communities who have water bodies that would no longer be on the "impaired list."  An impairment listing triggers significant additional regulatory requirements under EPA's draft New Hampshire MS4 permit.

2  Direction to Send List to Environmental Protection Agency.  The general court directs the department to act immediately and send to EPA a Final 2014 303(d) List that eliminates outdated or speculative impairment designations.  The general court further directs the department to immediately begin work on the 2016 303(d) List utilizing the most current scientific data.  The department should not only consider 2015 water quality data, but should also seek to expedite the quality assurance review of the available 2016 data.  The department is directed to submit the final 2016 303(d) List to the EPA no later than April 1, 2017.

3  Department of Environmental Services; Delegation of Authority for National Pollutant Discharge Elimination System Permit Program (NPDES).  The general court directs the department to submit an application to the Environmental Protection Agency to receive authorization to administer the NPDES program pursuant to the Clean Water Act Section 402(b) and 40 CFR Part 123 no later than June 1, 2017.

4  Effective Date.  This act shall take effect upon its passage.

Docket

Date Status
Jan. 19, 2017 Introduced 01/19/2017 and Referred to Energy and Natural Resources; SJ 5
Feb. 7, 2017 Hearing: 02/07/2017, Room 103, SH, 10:00 am; SC 9
March 23, 2017 Committee Report: Ought to Pass with Amendment # 2017-0862s, 03/23/2017; SC 15
March 23, 2017 Committee Amendment # 2017-0862s, AA, VV; 03/23/2017; SJ 10
March 23, 2017 Ought to Pass with Amendment 2017-0862s, MA, VV; OT3rdg; 03/23/2017; SJ 10
March 23, 2017 Introduced 03/23/2017 and referred to Resources, Recreation and Development HJ 11 P. 26
April 12, 2017 Public Hearing: 04/12/2017 11:15 AM LOB 305
April 19, 2017 Subcommittee Work Session: 04/19/2017 09:30 AM LOB 305
May 2, 2017 Full Committee Work Session: 05/02/2017 10:00 AM LOB 305
May 2, 2017 Executive Session: 05/02/2017 11:00 AM LOB 305
June 1, 2017 Committee Report: Ought to Pass with Amendment # 2017-1484h (NT) for 06/01/2017 (Vote 18-0; CC) HC 26 P. 9
June 1, 2017 Amendment # 2017-1484h: AA VV 06/01/2017 HJ 17 P. 21
June 1, 2017 Ought to Pass with Amendment 1484h: MA VV 06/01/2017 HJ 17 P. 21
June 8, 2017 Sen. Avard Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; 06/08/2017; SJ 19
June 8, 2017 President Appoints: Senators Sanborn, Avard, Feltes; 06/08/2017; SJ 19
June 8, 2017 House Accedes to Senate Request for CofC (Rep. Packard): MA VV 06/08/2017 HJ 18 P. 7
June 8, 2017 Speaker Appoints: Reps. Gould, Renzullo, Rimol, Suzanne Smith 06/08/2017 HJ 18 P. 7
June 14, 2017 Committee of Conference Meeting: 06/14/2017, 04:00 pm, Room 103, LOB
June 15, 2017 Conferee Change: Rep. Hinch Replaces Rep. Rimol 06/15/2017 HJ 18 P. 10
June 15, 2017 Conference Committee Report # 2017-2364c Filed 06/15/2017; As Amended by the House
June 22, 2017 Conference Committee Report 2364c: Adopted, VV 06/22/2017 HJ 19 P. 17
June 22, 2017 Conference Committee Report # 2017-2364c, Adopted, VV; 06/22/2017; SJ 20
June 22, 2017 Enrolled Bill Amendment # 2017-2389e: AA VV 06/22/2017 HJ 19 P. 25
June 22, 2017 Enrolled Bill Amendment # 2017-2389e Adopted, VV, (In recess of 06/22/2017); SJ 20
June 22, 2017 Enrolled 06/22/2017 HJ 19 P. 27
June 22, 2017 Enrolled (In recess 06/22/2017); SJ 20
July 18, 2017 Signed by the Governor on 07/18/2017; Chapter 0256
Nov. 1, 2017 I. Section 2 Effective 11/01/2017
July 18, 2017 II. Remainder Effective 07/18/2017

Action Dates

Date Body Type
Feb. 7, 2017 Senate Hearing
March 23, 2017 Senate Floor Vote
April 12, 2017 House Hearing
May 2, 2017 House Exec Session
June 1, 2017 House Floor Vote
June 15, 2017 House Floor Vote
June 22, 2017 House Floor Vote
June 22, 2017 Senate Floor Vote

Bill Text Revisions

SB121 Revision: 1552 Date: July 20, 2017, 10:56 a.m.
SB121 Revision: 1553 Date: June 29, 2017, 1:25 p.m.
SB121 Revision: 1554 Date: June 2, 2017, 11:19 a.m.
SB121 Revision: 1555 Date: March 27, 2017, 8:07 a.m.
SB121 Revision: 1556 Date: Jan. 24, 2017, 12:52 p.m.