HB1252 (2020) Detail

Relative to large groundwater withdrawals from replacement wells.


HB 1252-FN - AS INTRODUCED

 

 

2020 SESSION

20-2542

08/06

 

HOUSE BILL 1252-FN

 

AN ACT relative to large groundwater withdrawals from replacement wells.

 

SPONSORS: Rep. M. Pearson, Rock. 34; Rep. Welch, Rock. 13; Rep. Weyler, Rock. 13; Rep. Green, Rock. 13; Rep. Guthrie, Rock. 13; Rep. Hobson, Rock. 35; Rep. Salloway, Straf. 5; Rep. Somssich, Rock. 27; Sen. Fuller Clark, Dist 21; Sen. Morgan, Dist 23; Sen. Birdsell, Dist 19

 

COMMITTEE: Resources, Recreation and Development

 

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ANALYSIS

 

This bill adds to the requirements for an application for an exemption for large groundwater withdrawals from replacement wells.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2542

08/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to large groundwater withdrawals from replacement wells.

 

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

 

1  Exemptions for Large Groundwater Withdrawals from Replacement Wells.  Amend RSA 485-C:22 to read as follows:

485-C:22  Exemptions for Large Groundwater Withdrawals From Replacement Wells.

I.  Large groundwater withdrawals from new wells that replace a well or wells installed prior to August 1, 1998 shall not be subject to the requirements of RSA 485-C:14-a and RSA 485-C:21.  Such wells shall require approval of the department under RSA 485-C:22, [III-IV] II-IV.

II.  No person shall withdraw 57,600 gallons or more of groundwater from a replacement well or wells over any 24-hour period without the prior approval of the department.

III.  Before the department issues an approval for a large groundwater withdrawal from a replacement well or wells, a person shall submit an application to the department to demonstrate the withdrawal from the replacement well or wells will:

(a) Operate and impact water users and resources in substantially the same manner as the well or wells that are being replaced; and

(b)  Not cause an unmitigated impact to any existing drinking water supply described in RSA 485-C:21, V-c that exists at the time the application was submitted.

IV.  Applications for approval of replacement wells shall be submitted to the department and contain the following information:

(a)  Name and address of the well owner replacing the well or wells.

(b)  Address and map identifying the location of the well or wells being replaced and the location of the replacement well or wells.

(c)  Description of the well construction details of the well or wells being replaced and new replacement or replacement wells including:

(1)  Depth of well.

(2)  Length and diameter of well casing and screen.

(3)  Description of overburden and bedrock lithology of the well or wells being replaced and the new replacement well or wells.

(d)  Hydrogeologic information that demonstrates that the effects of the replacement well or wells on water users and water resources identified by RSA 485-C:21, V-c will be substantially the same as the well that is being replaced.

(e)  Hydrogeologic information, including withdrawal testing data and mitigation plans when necessary, that demonstrates the replacement well will not cause an unmitigated impact to any drinking water supply well described in RSA 485-C:21, V-c that exists at the time the application was submitted in accordance with rules adopted by the department pursuant to RSA 541-A.

(f)  The department shall require that monitoring and mitigation plans be implemented when necessary to identify and mitigate the occurrence of such impacts or reduce the volume of the withdrawal.  The department shall require a large groundwater withdrawal from a replacement well to cease and desist if such withdrawal causes unmitigated impacts to drinking water supply wells as described in RSA 485-C:21, V-c that exists at the time the application was submitted.

V.  A person submitting an application to the department in accordance with paragraph III, shall provide a copy of the application to the governing body of municipalities located within 4,000 feet of the proposed replacement well.

VI.  The department shall provide a copy of any final decisions it makes on an application submitted pursuant to paragraph III to the governing body of municipalities located within 4,000 feet of the proposed replacement well.

VII.  Any party may appeal from the decision of the department to approve a withdrawal in accordance with paragraph IIII.  Actions of the department under paragraph III may be appealed in accordance with RSA 21-O:14.  The appeal shall be filed within 60 days after the approval of the department.  

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

 

LBAO

20-2542

10/24/19

 

HB 1252-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to large groundwater withdrawals from replacement wells.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   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           [ X ] Other - Various Government Funds

 

 

 

 

 

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 adds to the requirement for an application for an exemption for large groundwater withdrawals from replacement wells.  The Department of Environmental Services indicates this bill would require any entity developing a replacement large groundwater withdrawal/water supply well for an existing water supply well to collect data on,  and conduct an assessment of, the potential impacts on other drinking water supply wells and mitigate observed impacts to those wells when necessary.  

  • The Department reports there have been 20 such replacement well projects conducted in  the last 10 years since adoption of the current replacement well statute.  Fifteen of the projects were conducted by local or municipal entities, the remaining 5 projects were conducted by private entities.  
  • The Department assumes the replacement well projects for local/municipal entities of approximately 1.5 annually will remain constant. (15 local/municipal wells divided by 10 years).
  • Local towns and cities are the primary public entities that would be impacted by this bill.
  • Some counties and the state own and operate public water systems with large groundwater withdrawals, but they represent very few of the regulated water systems. No county or state public water system has gone through the current replacement well process in the past 10 years, therefore the Department assumes any cost to the state or counties is indeterminate.
  • The bill requires drinking water well impact mitigation, if necessary, based on observations made during the replacement well impact assessment.  Because of the possible range of effects that could be encountered and the lack of ability to predict those outcomes, the cost of mitigation is indeterminable.  However, one-time mitigation costs could range between $5,000 and $12,000 per incident.

 

The Department estimates the cost per well at approximately $20,200.  This estimate includes the cost of a geologist, project manager and equipment rental for the three phases of well replacement including: test preparation, the pumping test phase and long term biannual monitoring and annual reporting.  The estimate does not include the  mitigation costs which cannot be predicted.  Based on the estimated cost, the annual cost to municipalities would be $30,300 plus any necessary mitigation costs. ($20,200 per well X 1.5 wells)

 

AGENCIES CONTACTED:

Department of Environmental Services

 

Links

HB1252 at GenCourtMobile
HB1252 Discussion

Action Dates

Date Body Type
Feb. 19, 2020 House Hearing
Feb. 13, 2020 House Hearing
Feb. 13, 2020 House Hearing
March 3, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1252 Revision: 6906 Date: Dec. 2, 2019, 1:19 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Resources, Recreation and Development HJ 1 P. 15
Feb. 19, 2020 ==CANCELLED== Public Hearing: 02/19/2020 01:30 pm LOB 305
Feb. 13, 2020 Public Hearing: 02/13/2020 01:30 pm LOB 305
Feb. 13, 2020 Public Hearing: 02/13/2020 09:00 am LOB 305
March 3, 2020 Executive Session: 03/03/2020 10:00 am LOB 305
March 11, 2020 Committee Report: Ought to Pass for 03/11/2020 (Vote 20-0; CC) HC 10 P. 26
Committee Report: Ought to Pass (Vote 20-0; CC)
March 11, 2020 Ought to Pass: MA VV 03/11/2020
June 16, 2020 Introduced 06/16/2020, and Laid on Table, MA, VV; 06/16/2020; SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8