Bill Details - SB169 (2019)

SB 169 - AS AMENDED BY THE SENATE

 

03/14/2019   1011s

2019 SESSION

19-0180

08/10

 

SENATE BILL 169

 

AN ACT relative to recovery of expenditures from the drinking water and groundwater trust fund.

 

SPONSORS: Sen. Morse, Dist 22; Sen. Feltes, Dist 15

 

COMMITTEE: Finance

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/14/2019   1011s 19-0180

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to recovery of expenditures from the drinking water and groundwater trust fund.

 

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 to offset expenditures made from 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 Section; Deposits to Drinking Water and Groundwater Trust Fund.  Amend RSA 485-F by inserting after section 5 the following new section:

485-F:6  Deposits to Drinking Water and Groundwater Trust Fund.  Any money received by the state related to the contamination of drinking water or groundwater, other than fees, fines, penalties, oil or hazardous waste cost recovery, or any other money already allocated to a specified fund, shall be deposited into the drinking water and groundwater trust fund.  This paragraph shall not be construed to limit any damages otherwise awarded in a related private cause of action.

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 drinking water and groundwater trust fund for the action described in paragraph I(a) and recovered by the state under RSA 147-B:10, shall be deposited to the drinking water and goundwater trust fund pursuant to RSA 147-B:10, III(b).  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 Finance; SJ 4
Feb. 12, 2019 Hearing: 02/12/2019, Room 103, SH, 01:00 pm; SC 10
March 14, 2019 Committee Report: Rereferred to Committee, 03/14/2019; SC 13
March 14, 2019 Rereferred to Committee, MF, VV; 03/14/2019; SJ 8
March 14, 2019 Sen. Morse Moved Ought to Pass; 03/14/2019; SJ 8
March 14, 2019 Sen. Morse Floor Amendment # 2019-1011s, AA, VV; 03/14/2019; SJ 8
March 14, 2019 Ought to Pass with Amendment 2019-1011s, MA, VV; OT3rdg; 03/14/2019; SJ 8

Action Dates

Date Body Type
Feb. 12, 2019 Senate Hearing

Bill Text Revisions

SB169 Revision: 5171 Date: Jan. 22, 2019, 8:39 a.m.
SB169 Revision: 5560 Date: March 15, 2019, 9:25 a.m.