Revision: Jan. 18, 2019, 9:48 a.m.
HB 707 - AS INTRODUCED
2019 SESSION
19-0215
08/06
HOUSE BILL 707
SPONSORS: Rep. Notter, Hills. 21
COMMITTEE: Resources, Recreation and Development
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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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0215
08/06
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:
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.