Bill Details - HB707 (2019)

HB 707 - AS INTRODUCED

 

 

2019 SESSION

19-0215

08/06

 

HOUSE BILL 707

 

AN ACT relative to settlement money from actions pertaining to the contamination of groundwater or drinking water.

 

SPONSORS: Rep. Notter, Hills. 21

 

COMMITTEE: Resources, Recreation and Development

 

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

 

ANALYSIS

 

This bill requires costs that are recovered from damages awarded in cases of hazardous waste clean up after expenditures from the drinking water and groundwater trust fund be deposited in such fund.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0215

08/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to settlement money from actions pertaining to the contamination of groundwater or drinking water.

 

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

 

1  Hazardous Waste Clean Up; Civil Actions; Cost Recovery.  Amend RSA 147-B:10, III(a) to read as follows:

(a)  The attorney general may institute an action before the superior court for the county in which the facility is located against any person liable pursuant to paragraph I of this section to recover all costs incurred by the state.  Costs recovered under this section shall be deposited into the fund except that costs recovered from expenditures of the drinking water and groundwater trust fund established in RSA 6-D:1 shall be deposited into the drinking water and groundwater trust fund.

2  New Subparagraph; Hazardous Waste Clean Up; Damages Awarded.  Amend RSA 147-B:10, III by inserting after subparagraph (b) the following new subparagraph:

(c)  Any damages received by the state as a result of action taken under this section to recover costs associated with the pollution of drinking water or groundwater shall be deposited in to the drinking water and groundwater trust fund established in RSA 6-D:1.

3  New Paragraph; Recovered Costs; Deposited in Drinking Water and Groundwater Trust Fund.  Amend RSA 485-F:3 by inserting after paragraph II the following new paragraph:

III.  Costs paid from the trust fund for the actions described in paragraph I(a) and recovered by the state pursuant to RSA 147-B:10, III(a) shall be deposited into the drinking water and groundwater trust fund established in RSA 6-D:1.  In addition, upon payment from the trust fund for any costs for which a third party would otherwise be liable, the right to recover payment from such third party shall be assumed by the drinking water and groundwater advisory commission to the extent of payment made from the trust fund.  Any money so recovered shall be repaid to the trust fund.  No party shall receive multiple compensation for the same injury, and any such compensation shall be repaid to the trust fund.  

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

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Resources, Recreation and Development HJ 3 P. 27
Feb. 26, 2019 Public Hearing: 02/26/2019 01:30 pm LOB 305-307
March 13, 2019 Executive Session: 03/13/2019 10:00 am LOB 305
Committee Report: Ought to Pass (Vote 20-0; CC)
March 19, 2019 Committee Report: Ought to Pass for 03/19/2019 (Vote 20-0; CC) HC 16 P. 13
March 19, 2019 Ought to Pass: MA VV 03/19/2019
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, 09:30 am; SC 18

Action Dates

Date Body Type
Feb. 26, 2019 House Hearing
March 13, 2019 House Exec Session
House Floor Vote
March 19, 2019 House Floor Vote
April 16, 2019 Senate Hearing

Bill Text Revisions

HB707 Revision: 5045 Date: Jan. 18, 2019, 9:48 a.m.