Revision: Jan. 29, 2018, 2:06 p.m.
HB 1590 - AS INTRODUCED
2018 SESSION
18-2375
08/04
HOUSE BILL 1590
AN ACT relative to standards for perfluorinated chemicals in surface water.
SPONSORS: Rep. Messmer, Rock. 24; Rep. Cushing, Rock. 21; Rep. Edgar, Rock. 21; Rep. McConnell, Ches. 12; Rep. Suzanne Smith, Graf. 8; Rep. T. Le, Rock. 31; Sen. Fuller Clark, Dist 21
COMMITTEE: Resources, Recreation and Development
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ANALYSIS
This bill requires the commissioner of the department of environmental services to make rules relative to the presence of certain chemicals in the surface waters of the state.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2375
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to standards for perfluorinated chemicals in surface water.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Contaminants in Surface Water. Amend RSA 485-A:8 by inserting after paragraph IX the following new paragraph:
X. The commission shall, in consultation with the commissioner of the department of health and human services within 120 days from the effective date of this paragraph, initiate rulemaking to adopt surface water quality standards for perfluorooctanesulfonate and perfluorooctanoic acid, perfluorohexane sulfonate, and perfluorononanoic acid established in rule in order to comply with this paragraph and shall make public his or her determination. The commissioner shall consider the standards of other states, including the science considered by states which have adopted surface water contaminant standards. The commissioner shall adopt standards that reasonably protect public health, particularly prenatal and early childhood health, and that are reasonably supported by peer reviewed science and independent or government agency studies. The commissioner shall review every 3 years the newest peer reviewed science and independent or government agency studies and undertake rulemaking in order to comply with this paragraph, if necessary.
2 Effective Date. This act shall take effect 60 days after its passage.
18-2375
1/29/18
HB 1590-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to standards for perfluorinated chemicals in surface water.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
The Department of Health and Human Services and New Hampshire Municipal Association were originally contacted on January 12, 2018 and again on January 23, 2018 for fiscal note worksheets, which they have not provided as of January 29, 2018.
METHODOLOGY:
This bill requires the Commissioner of the Department of Environmental services to make rules and adopt standards relative to the presence of certain chemicals known as PFCs in the surface waters of the State. The Department of Environmental Services assumes the standards would be developed based on guidance published by the Environmental Protection Agency (EPA). The Department would require funds to hire a contractor experienced in PFCs and EPA methodologies for developing aquatic life and human health surface water quality criteria. The Contractor would review existing literature, criteria and assumptions used in other states, and develop a report with surface water criteria consistent with EPA methodologies. The Department indicates the cost to accomplish this in 120 days, as required, would be in excess of $100,000. In addition to the work of the consultant, there would be additional monitoring of aquatic species of concern. This would require pairing water samples with fish or other organism tissue. If the literature review identifies a range of values for bioaccumulation, the range could be narrowed by sampling local fish and water. The Department estimates the cost of such a study would be about $50,000. In order to establish a defensible water quality standard, an independent peer review would be beneficial. The cost of such a review is approximately $20,000.
The Department indicates the cost to municipalities could be significant since many municipalities operate waste water treatment facilities that discharge treated water to ground water or surface waters. If the surface waters fail to meet the standards, additional treatment technologies or industrial pretreatment programs may need to be developed. This could also impact private and state-owned wastewater treatment facilities as well. Some municipalities have firefighting or fire training facilities with the potential to cause surface water impairments. The remediation costs for these facilities could also be high. For counties, the cost is likely to be less unless contamination is found which originates from a county facility.
The New Hampshire Association of Counties does not expect this bill would have an impact on county revenues or expenditures.
AGENCIES CONTACTED:
Departments of Environmental Services and Health and Human Services, New Hampshire Association of Counties and New Hampshire Municipal Association