SB 240-FN-LOCAL - AS AMENDED BY THE SENATE
03/16/2017 0807s
02/01/2018 0154s
2017 SESSION
17-0926
08/10
SENATE BILL 240-FN-LOCAL
AN ACT relative to the monitoring and treatment of contaminated wells.
SPONSORS: Sen. Innis, Dist 24; Sen. Bradley, Dist 3; Sen. Fuller Clark, Dist 21; Sen. Gannon, Dist 23; Rep. Messmer, Rock. 24; Rep. Cushing, Rock. 21; Rep. Malloy, Rock. 23; Rep. H. Marsh, Rock. 22; Rep. Bean, Rock. 21
COMMITTEE: Public and Municipal Affairs
─────────────────────────────────────────────────────────────────
This bill requires routine testing of wells if certain contaminants are found.
This bill also requires that if the source of the contaminants is identified, the responsible party shall either treat the water or provide an alternative source of drinkable 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/16/2017 0807s
02/01/2018 0154s 17-0926
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to the monitoring and treatment of contaminated wells.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Groundwater Protection Act; Contaminated Wells; Monitoring. Amend RSA 485-C by inserting after section 6-b the following new section:
485-C:6-c Contaminated Wells; Monitoring. Upon receiving information that a drinking water well that is not a source for a public water system exhibits the presence of a man-made contaminant, other than road salt, but the concentration does not exceed an existing ambient groundwater quality standard, the department shall determine if the contaminant is increasing in the well by primarily measuring the contaminants in the well and comparing such measurements to any previous measurements, and therefore, should be monitored and whether it is possible to identify the source of the contaminant. If a responsible party is identified as the source of the contaminant and the department determines monitoring is warranted, the department shall require the responsible party to monitor the contamination at a frequency sufficient to provide advance warning of any exceedance of the standard. If the department determines that monitoring trends or other available information reasonably suggest that the concentration of the contaminant in the well is likely to exceed the ambient groundwater quality standard prior to the next scheduled monitoring date, the responsible party shall provide treatment or an alternative supply of drinking water that meets all applicable standards and is approved by the department.
2 Effective Date. This act shall take effect upon its passage.
17-0926
Amended 2/9/18
SB 240-FN-LOCAL- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2018-0154s)
AN ACT relative to the monitoring and treatment of contaminated wells.
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 |
METHODOLOGY:
This bill would require the Department of Environmental Services to investigate when a man-made contaminant is detected in a private drinking water supply well even if the concentration detected is below ambient groundwater quality standards. The Department would be required to sample multiple times to assess concentration trends and identify the source of contamination if possible. If a responsible party is identified, the party would be required to sample the water at a frequency determined by the Department. The responsible party would provide treatment or an alternate water supply if the Department determined the contaminant concentration is likely to exceed ambient groundwater quality standards.
The Department of Environmental Services indicates it would expend additional resources to sample wells, analyze water quality and assess concentration trends for contaminants in private wells. Such resources would include program staff, sampling supplies and laboratory analytical costs. In addition, the Department would be required to identify the source of contamination, the responsible party when possible, and administer a program for responsible parties to sample the private wells at a frequency specified by the Department. The Department would require the responsible party to provide alternate water or install treatment if the contamination is likely to exceed the ambient groundwater quality standards. The Department indicates this requirement is consistent with current practice and will not result in additional costs.
The Department assumes state, county and local expenditures would increase as all three levels of government operate facilities that are potential sources of contamination such as landfills, septic systems, wastewater treatment facilities, and operation and maintenance facilities. The Department states the fiscal impact is indeterminable because the number of private wells with detectable levels of man-made contaminants is not known. The Department anticipates the number of wells could be large since environmental laboratories now achieve extremely low detection limits for analysis of drinking water.
AGENCIES CONTACTED:
Department of Environmental Services
| Date | Body | Type |
|---|---|---|
| Feb. 15, 2017 | Senate | Hearing |
| March 16, 2017 | Senate | Floor Vote |
| March 23, 2017 | Senate | Floor Vote |
| March 23, 2017 | Senate | Floor Vote |
| March 29, 2017 | Senate | Floor Vote |
| March 30, 2017 | Senate | Floor Vote |
| Feb. 1, 2018 | Senate | Floor Vote |
| March 20, 2018 | House | Hearing |
| April 24, 2018 | House | Exec Session |
May 3, 2018: Refer for Interim Study: MA VV 05/03/2018
: Minority Committee Report: Ought to Pass
: Majority Committee Report: Refer for Interim Study (Vote 16-3-; RC)
May 2, 2018: Majority Committee Report: Refer for Interim Study for 05/02/2018 (Vote 16-3-; RC) HC 17 P. 23
April 24, 2018: Executive Session: 04/24/2018 LOB 305
April 17, 2018: Full Committee Work Session: 04/17/2018 10:00 AM LOB 305
March 27, 2018: Subcommittee Work Session: 03/27/2018 11:30 AM LOB 305
March 20, 2018: Public Hearing: 03/20/2018 10:00 AM LOB 303
March 7, 2018: Introduced 03/07/2018 and referred to Resources, Recreation and Development HJ 7 P. 50
Feb. 1, 2018: Ought to Pass with Amendment 2018-0154s, MA, VV; OT3rdg; 02/01/2018; SJ 3
Feb. 1, 2018: Committee Amendment # 2018-0154s, AA, VV; 02/01/2018; SJ 3
Feb. 1, 2018: Committee Report: Ought to Pass with Amendment # 2018-0154s, 02/01/2018; SC 5
Jan. 3, 2018: Sen. Bradley Moved to Rerefer, MA, VV; 01/03/2018; SJ 1
Jan. 3, 2018: Sen. Bradley Moved to Rerefer to Committee, 01/03/2018; SJ 1
Jan. 3, 2018: Committee Report: Referred to Interim Study, 01/03/2018; SC 48
March 30, 2017: Rereferred to Committee, RC 12Y-10N, MA; 03/30/2017; SJ 12
March 30, 2017: Sen. Sanborn Moved Reconsideration on the vote of Rerefer, MA, VV; 03/30/2017; SJ 12
March 30, 2017: Sen. Bradley Moved to Rerefer, RC 12Y-10N, MA; 03/30/2017; SJ 12
March 30, 2017: Committee Report: Inexpedient to Legislate, 03/30/2017; SC 16
March 30, 2017: Special Order SB 240-FN-L to 03/30/2017, Without Objection, MA; 03/29/2017 SJ 11
March 23, 2017: Special Order SB 240-FN-L to the Next Session, Without Objection, MA; 03/23/2017; SJ 10
March 23, 2017: Committee Report: Inexpedient to Legislate, 03/23/2017; SC 15
March 16, 2017: Ought to Pass with Amendment 2017-0807s, MA, VV; Refer to Finance Rule 4-5; 03/16/2017; SJ 9
March 16, 2017: Committee Amendment # 2017-0807s, AA, VV; 03/16/2017; SJ 9
March 16, 2017: Committee Report: Ought to Pass with Amendment # 2017-0807s, 03/16/2017; Vote 5-0; CC; SC 14
Feb. 15, 2017: Hearing: 02/15/2017, Room 102, LOB, 10:00 am; SC 10
Jan. 19, 2017: Introduced 01/19/2017 and Referred to Public and Municipal Affairs; SJ 5