Bill Text - HB1592 (2018)

(Second New Title) requiring the commissioner of the department of environmental services to review ambient groundwater standards for arsenic.


Revision: Jan. 29, 2018, 2:07 p.m.

HB 1592 - AS INTRODUCED

 

 

2018 SESSION

18-2378

08/04

 

HOUSE BILL 1592

 

AN ACT requiring the commissioner of the department of environmental services to revise rules relative to arsenic contamination in drinking water.

 

SPONSORS: Rep. Messmer, Rock. 24; Rep. McConnell, Ches. 12; Rep. Cushing, Rock. 21; Rep. Grassie, Straf. 11; Rep. Altschiller, Rock. 19; Rep. Fraser, Belk. 1

 

COMMITTEE: Resources, Recreation and Development

 

─────────────────────────────────────────────────────────────────

 

ANALYSIS

 

This bill requires the commissioner of the department of environmental services to revise rules relative to arsenic contamination in drinking water.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2378

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT requiring the commissioner of the department of environmental services to revise rules relative to arsenic contamination in drinking water.

 

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

 

1  New Paragraph; Ambient Groundwater Quality Standards.  Amend RSA 485-C:4 by inserting after paragraph XII the following new paragraph:

XIII.  The commissioner shall initiate rulemaking within 120 days of the effective date of this paragraph to revise the ambient groundwater quality standard for arsenic to 0.004 parts per billion.

2  New Paragraph; Contaminants in Drinking Water.  Amend RSA 485:3 by inserting after paragraph XIV the following new paragraph:

XV.  The commissioner shall initiate rulemaking within 120 days of the effective date of this paragraph to adopt a maximum contaminant limit for arsenic of 0.004 parts per billion for public water systems regulated by this chapter.

3  Effective Date.  This act shall take effect 90 days after its passage.

 

LBAO

18-2378

1/29/18

 

HB 1592-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT requiring the commissioner of the department of environmental services to revise rules relative to arsenic contamination in drinking water.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

The New Hampshire Municipal Association was originally contacted on January 12, 2018 and again on January 23, 2018 for a fiscal note worksheet, which they have not provided as of  January 29, 2018.

 

METHODOLOGY:

This bill would require the Department of Environmental Services to lower the arsenic Maximum Contaminant Level (MCL) for public water systems from 10 parts per billion to 4 parts per trillion and lower the arsenic Ambient Groundwater Quality Standard (AGQS) from 10 parts per billion to 4 parts per trillion.  The Department states laboratory methods are not readily available to quantitate arsenic at levels as low as 4 parts per trillion and water treatment technology is not available to remove arsenic to such a low level.  The Department indicates it would not be possible for the vast majority of, if not all, water systems to achieve compliance with the proposed standards and it would not be possible to determine whether they achieve compliance.  The costs of implementing the bill cannot be determined.  The Department does not anticipate lower standards would produce revenues for any level of government.  Expenditures to operate state, county and municipally owned public water systems, landfills, and groundwater discharge facilities, such as sewage lagoons, would increase.  However, because the technology is not available to comply with the proposed standards, the costs cannot be determined.

 

The New Hampshire Association of Counties does not expect this bill would have an impact on county revenues or expenditures.

 

AGENCIES CONTACTED:

Department of Environmental Services, New Hampshire Association of Counties and New Hampshire Municipal Association