Bill Text - HB1610 (2018)

Requiring sellers of real property to disclose certain information concerning environmental hazards.


Revision: Nov. 13, 2017, 11:47 a.m.

HB 1610 - AS INTRODUCED

 

 

2018 SESSION

18-2471

10/05

 

HOUSE BILL 1610

 

AN ACT requiring sellers of real property to disclose certain information concerning environmental hazards.

 

SPONSORS: Rep. McConnell, Ches. 12; Rep. Messmer, Rock. 24; Rep. Bean, Rock. 21; Rep. O'Day, Ches. 11; Rep. Cushing, Rock. 21; Rep. Edgar, Rock. 21; Sen. Reagan, Dist 17

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill requires sellers of real property to provide notice to buyers of environmentally hazardous sites within one mile of the property, and to disclose water test results if a source of MTBE or perfluorinated chemicals is identified within one mile of the property.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2471

10/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT requiring sellers of real property to disclose certain information concerning environmental hazards.

 

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

 

1  New Section; Conveyances of Realty; Notification Required; Environmentally Hazardous Sites.  Amend RSA 477 by inserting after section 4-h the following new section:

477:4-i  Notification Required; Environmentally Hazardous Sites.  Prior to the execution of any contract for the purchase and sale of any interest in real property, the seller shall disclose to the buyer and the buyer shall acknowledge receipt of this disclosure by signing a copy of such disclosure, containing information on the location of federally designated Superfund sites and other known environmentally hazardous sites within a one mile radius of the property and a map obtained from the OneStop Data Mapper webpage of the department of environmental services, identifying the following within one mile of the property:

I.  Auto salvage yards.

II.  Hazardous waste generators.

III.  Remediation sites.

IV.  Solid waste facilities.

V.  Underground storage tanks.

VI.  Environmental monitoring sites.

VII.  Local potential contamination sources.

2  Conveyance of Realty; Notification Required; Water Supply.  Amend RSA 477:4-c, I(a) to read as follows:

(a)  Information relative to the type of private water supply system, its location, malfunctions, date of installation, date of the most recent water test and whether or not the seller has experienced a problem such as an unsatisfactory water test or a water test with notations.  The seller shall provide analytical testing results for samples collected from the well for water tests for MTBE and perfluorinated chemicals if a source of such chemicals is identified within one mile of the property.  The seller shall also provide notice if the property is located within 1/4 mile of an underground storage tank and specify if a solid waste facility is within one mile of the property and whether the facility is lined or unlined.

3  Conveyance of Realty; Notification Required; Private Water Supply System.  Amend RSA 477:4-g, I(a) to read as follows:

(a)  Information relative to the type of private water supply system, its location, malfunctions, date of installation, date of most recent water test and whether or not the seller has experienced a problem such as an unsatisfactory water test or a water test with notations.  The seller shall provide analytical testing results for samples collected from the well for water tests for MTBE and perfluorinated chemicals if a source of such chemicals is identified within one mile of the property.  The seller shall also provide notice if the property is located within 1/4 mile of an underground storage tank and specify if a solid waste facility is within one mile of the property and whether the facility is lined or unlined.

4  Effective Date.  This act shall take effect 60 days after its passage.

HB 1610 - AS INTRODUCED

 

 

2018 SESSION

18-2471

10/05

 

HOUSE BILL 1610

 

AN ACT requiring sellers of real property to disclose certain information concerning environmental hazards.

 

SPONSORS: Rep. McConnell, Ches. 12; Rep. Messmer, Rock. 24; Rep. Bean, Rock. 21; Rep. O'Day, Ches. 11; Rep. Cushing, Rock. 21; Rep. Edgar, Rock. 21; Sen. Reagan, Dist 17

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill requires sellers of real property to provide notice to buyers of environmentally hazardous sites within one mile of the property, and to disclose water test results if a source of MTBE or perfluorinated chemicals is identified within one mile of the property.

 

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

 

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.

18-2471

10/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT requiring sellers of real property to disclose certain information concerning environmental hazards.

 

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

 

1  New Section; Conveyances of Realty; Notification Required; Environmentally Hazardous Sites.  Amend RSA 477 by inserting after section 4-h the following new section:

477:4-i  Notification Required; Environmentally Hazardous Sites.  Prior to the execution of any contract for the purchase and sale of any interest in real property, the seller shall disclose to the buyer and the buyer shall acknowledge receipt of this disclosure by signing a copy of such disclosure, containing information on the location of federally designated Superfund sites and other known environmentally hazardous sites within a one mile radius of the property and a map obtained from the OneStop Data Mapper webpage of the department of environmental services, identifying the following within one mile of the property:

I.  Auto salvage yards.

II.  Hazardous waste generators.

III.  Remediation sites.

IV.  Solid waste facilities.

V.  Underground storage tanks.

VI.  Environmental monitoring sites.

VII.  Local potential contamination sources.

2  Conveyance of Realty; Notification Required; Water Supply.  Amend RSA 477:4-c, I(a) to read as follows:

(a)  Information relative to the type of private water supply system, its location, malfunctions, date of installation, date of the most recent water test and whether or not the seller has experienced a problem such as an unsatisfactory water test or a water test with notations.  The seller shall provide analytical testing results for samples collected from the well for water tests for MTBE and perfluorinated chemicals if a source of such chemicals is identified within one mile of the property.  The seller shall also provide notice if the property is located within 1/4 mile of an underground storage tank and specify if a solid waste facility is within one mile of the property and whether the facility is lined or unlined.

3  Conveyance of Realty; Notification Required; Private Water Supply System.  Amend RSA 477:4-g, I(a) to read as follows:

(a)  Information relative to the type of private water supply system, its location, malfunctions, date of installation, date of most recent water test and whether or not the seller has experienced a problem such as an unsatisfactory water test or a water test with notations.  The seller shall provide analytical testing results for samples collected from the well for water tests for MTBE and perfluorinated chemicals if a source of such chemicals is identified within one mile of the property.  The seller shall also provide notice if the property is located within 1/4 mile of an underground storage tank and specify if a solid waste facility is within one mile of the property and whether the facility is lined or unlined.

4  Effective Date.  This act shall take effect 60 days after its passage.