Revision: Jan. 10, 2019, 3:37 p.m.
HB 475 - AS INTRODUCED
HOUSE BILL 475
SPONSORS: Rep. Spang, Straf. 6; Rep. Oxenham, Sull. 1; Rep. Malloy, Rock. 23; Sen. Bradley, Dist 3; Sen. Fuller Clark, Dist 21; Sen. Watters, Dist 4; Sen. Feltes, Dist 15
COMMITTEE: Resources, Recreation and Development
This bill establishes a shoreland septic system study commission.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
I. Septic systems installed without state approval are a potential threat to the water quality of New Hampshire's lakes, ponds, and rivers.
II. Septic systems constructed prior to 1967 when inspections and state approval were first required, include some systems that inadequately treat wastewater.
III. There are several difficult issues with detecting and accomplishing upgrades of septic systems on private properties that have prevented the problem from being solved statewide. These need to be examined in a comprehensive study.
485-A:44-a Shoreland Septic Study Commission.
I. There is established a commission to study the potential impairment of surface waters in New Hampshire by inadequate residential septic systems, in the context of private property rights of landowners.
II. The members of the commission shall be as follows:
(a) Three members of the house of representatives, one of whom shall be a member of the resources, recreation, and development committee, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
(c) A regional planner, nominated by the office of strategic initiatives.
(d) A representative of certified septic system evaluators, appointed by the Granite State Septic Designers and Installers.
(e) A representative of the New Hampshire Association of Conservation Commissions, appointed by that organization.
(f) The commissioner of the department of environmental services, or designee.
(g) A representative of realtors, appointed by the New Hampshire Association of Realtors.
(h) A representative of a bank involved in financing residential properties, appointed by the governor.
(i) A representative of a lakes association, appointed by NH Lakes.
(j) A representative of a local rivers management advisory committee appointed by the New Hampshire rivers council.
(k) A representative of the New Hampshire Municipal Association, appointed by that association.
III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
IV. The commission may solicit information from any person or entity the commission deems relevant to its study.
V. The commission shall:
(a) Develop approaches for achieving cooperation among communities, private property owners, environmental nonprofit groups, and state and federal agencies in solving the problem of inadequate septic systems.
(b) Determine the most effective method for identifying potential inadequate septic systems located within 75 feet of surface waters.
(c) Determine what approach or approaches that respect private property rights can be take to effect remediation of septic systems on private property, including regulatory, educational, and financial incentives.
(d) Consider any other issues the commission deems relevant to its study.
VI. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.
VII. The commission shall make an interim report on or before November 1, 2019, and a final report on or before November 1, 2020, of its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the chair of the house resources, recreation and development committee, the chair of the senate energy and natural resources committee, the house clerk, the senate clerk, the governor, and the state library.
I. Section 3 of this act shall take effect November 20, 2020.
II. The remainder of this act shall take effect upon its passage.