Bill Details - HB261 (2019)

HB 261 - AS AMENDED BY THE HOUSE

 

19Mar2019... 0028h

2019 SESSION

19-0398

08/06

 

HOUSE BILL 261

 

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

 

SPONSORS: Rep. Grassie, Straf. 11; Rep. Adjutant, Graf. 17; Rep. Cushing, Rock. 21; Rep. Murphy, Hills. 21

 

COMMITTEE: Resources, Recreation and Development

 

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ANALYSIS

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Mar2019... 0028h 19-0398

08/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

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  Ambient Groundwater Quality Standards; Contaminants in Drinking Water.  

I.  The commissioner shall initiate rulemaking pursuant to RSA 485-C:4, III within 120 days of the effective date of this paragraph to revise the ambient groundwater quality standard for arsenic to a value not to exceed 5 micrograms per liter.

II.  The commissioner shall initiate rulemaking pursuant to RSA 485:3, I within 120 days of the effective date of this paragraph to adopt a maximum contaminant limit for arsenic to a value not to exceed 5 micrograms per liter for public water systems regulated by RSA 485-C.

2  Ambient Groundwater Quality Standards.  Amend 2018, 190:1 to read as follows:

190:1  Department of Environmental Services; Ambient Groundwater Quality Standards.  By January 1, 2019, the commissioner of the department of environmental services shall review the ambient groundwater standard for arsenic to determine whether it should be lowered, taking into consideration the extent to which the contaminant is found in New Hampshire, the ability to detect the contaminant in public water systems, the ability to remove the contaminant from drinking water, the impact on public health, and the costs and benefits to affected entities that will result from establishing the standard.  [Any proposed change to the ambient groundwater standard for arsenic shall require the approval of the general court.]  On or before January 1, 2019, the commissioner shall submit a report of the findings to the chairpersons of the house and senate committees with jurisdiction over natural resources.

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

 

LBAO

19-0398

Amended 3/29/19

 

HB 261- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2019-0028h)

 

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

 

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

 

 

COUNTY:

 

Estimated Increase / (Decrease)

   Revenue

$0

$0

$0

$0

   Expenditures

$0$

$135,000

$25,000

$25,000

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$2,619,000

$1,457,500

$1,457,500

 

METHODOLOGY:

This bill requires the Commissioner of the Department of Environmental services to revise rules relative to arsenic contamination in drinking water.  The Department indicates the bill would require it to lower the ambient groundwater quality standard (AGQS) and drinking water maximum contaminant level (MCL) from 10 ppb to a level no greater than 5 ppb.  The Department states lowering the MCL would affect public water systems and lowering the AGQS would affect landfills and facilities that discharge to groundwater.  In 2018 the Department developed cost estimates for compliance with these standards for all public and private facilities.  These estimated costs are in the Table A below.

 

Facility Type

Number of Sites

Capital Costs

Additional Annual Costs

Public water systems

318

$950,000

$3,880,000

Sewage lagoons, landfills and  other facilities with groundwater discharge permits

40

$2,200,000

$500,000

Landfills

46

$610,000

$250,000

Total Costs Estimated:

 

$3,760,000

$4,630,000

 

The Department identified 15 municipal water systems and public schools that would experience additional costs as a result of the MCL being lowered from 10 ppb to 5 ppb.  These costs were based on a variety of factors including existing water treatment, design flow and increased use of expendable arsenic absorptive media.  The Department also estimated the cost to for all public and private facilities affected by lowering the AGQS from 10 ppb to 5 ppb including landfills and facilities that discharge to groundwater.  Based on the ownership of these facilities estimated impact on county expenditures would be $135,000 in FY 2021 ($110,000 for capital improvements) and $25,000 in each year thereafter.  The cost to municipalities and school districts would be $2,619,000 in FY 2021 and $1,457,000 in each year thereafter, with $1,162,000 of capital improvement costs in FY 2021, the first year.

 

AGENCIES CONTACTED:

Department of Environmental Services

 

 

 

Docket

Date Status
Jan. 2, 2019 Introduced 01/02/2019 and referred to Resources, Recreation and Development HJ 2 P. 43
Feb. 12, 2019 Public Hearing: 02/12/2019 10:00 am LOB 305
March 6, 2019 Executive Session: 03/06/2019 10:00 am LOB 305
Committee Report: Ought to Pass with Amendment # 2019-0028h (Vote 17-1; CC)
March 19, 2019 Committee Report: Ought to Pass with Amendment # 2019-0028h for 03/19/2019 (Vote 17-1; CC) HC 16 P. 11
March 19, 2019 Amendment # 2019-0028h: AA VV 03/19/2019 HJ 10 P. 30
March 19, 2019 Ought to Pass with Amendment 2019-0028h: MA VV 03/19/2019 HJ 10 P. 30
March 28, 2019 Introduced 03/28/2019 and Referred to Energy and Natural Resources; SJ 12
April 16, 2019 Hearing: 04/16/2019, Room 103, SH, 09:45 am; SC 18
May 23, 2019 Committee Report: Ought to Pass with Amendment # 2019-1983s, 05/23/2019; SC 23

Action Dates

Date Body Type
Feb. 12, 2019 House Hearing
March 6, 2019 House Exec Session
House Floor Vote
March 19, 2019 House Floor Vote
April 16, 2019 Senate Hearing
May 23, 2019 Senate Floor Vote

Bill Text Revisions

HB261 Revision: 4399 Date: Dec. 28, 2018, 9 a.m.
HB261 Revision: 5571 Date: April 1, 2019, 12:08 p.m.