CHAPTER 96
SB 62 - FINAL VERSION
2023 SESSION
23-0877
05/08
SENATE BILL 62
AN ACT relative to landowner liability under RSA 147-B, the hazardous waste cleanup fund.
SPONSORS: Sen. Avard, Dist 12; Sen. Watters, Dist 4; Sen. Murphy, Dist 16
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill clarifies landowner liability provisions relative to the hazardous waste cleanup fund and updates references to the term hazardous wastes and hazardous substances. The bill is a request of the department of environmental services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0877
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to landowner liability under RSA 147-B, the hazardous waste cleanup fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
96:1 Hazardous Waste Cleanup Fund; Defenses; Liability of Landowners Limited. Amend RSA 147-B:10-a to read as follows:
147-B:10-a Defenses; Liability of Landowners Limited.
I. There shall be no liability under RSA 147-B:10, I for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of hazardous wastes or hazardous materials, and the resulting damages were caused solely by:
(a) An act of God;
(b) An act of war; or
(c) An act or omission of a third party other than an employee, agent, or independent contractor of the defendant, if the defendant establishes by a preponderance of the evidence that [he] the defendant exercised due care with respect to the [hazardous substance] hazardous wastes or hazardous materials concerned, taking into consideration the characteristics of such [hazardous substance] hazardous wastes or hazardous materials, in light of all relevant facts and circumstances, and that [he] the defendant took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions.
II. Notwithstanding any other provision of law, an owner or former owner of property shall not be held strictly liable solely on the basis of such property ownership for the treatment or cleanup of hazardous waste or hazardous materials discovered on [his] such property if:
(a) [He] The owner or former owner did not, in any way, cause, [or] materially contribute to, or impede remediation of the hazardous [substance problem] wastes or hazardous materials contamination.
(b) [He] The owner or former owner reported the existence of the hazardous [substance] wastes or hazardous materials to the appropriate authorities within a reasonable time of discovery.
(c) [He] The owner or former owner can prove that [he] the owner or former owner had no knowledge or reason to know of the hazardous [substance problem] wastes or hazardous materials on the property prior to [his] their purchase of the property. To establish that the [defendant] owner or former owner had no reason to know, as provided in this subparagraph, the [defendant] owner or former owner must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability.
III. Notwithstanding any other provision of law, an owner or former owner of property shall not be held strictly liable for the treatment or cleanup of hazardous waste, hazardous material, oil as defined in RSA 146-A:2, III, or hazardous substance as defined in RSA 146-C:1, VII-a that are discovered on the property if:
(a) The owner or former owner did not, in any way, cause or materially contribute to the contamination of the property; and
(b) The contamination migrated onto the property from a source that, at the time of discovery of the contamination, was located on another property.
96:2 Effective Date. This act shall take effect upon its passage.
Approved: June 20, 2023
Effective Date: June 20, 2023
| Date | Body | Type |
|---|---|---|
| Jan. 24, 2023 | Senate | Hearing |
| March 30, 2023 | Senate | Floor Vote |
| April 25, 2023 | House | Hearing |
| May 9, 2023 | House | Exec Session |
| May 9, 2023 | House | Floor Vote |
June 21, 2023: Signed by the Governor on 06/20/2023; Chapter 0096; Effective 06/20/2023
June 13, 2023: Enrolled Adopted, VV, (In recess 06/08/2023); SJ 19
June 13, 2023: Enrolled (in recess of) 06/08/2023 HJ 15
May 18, 2023: Ought to Pass: MA VV 05/18/2023 HJ 14 P. 3
May 11, 2023: Committee Report: Ought to Pass 05/09/2023 (Vote 19-0; CC)
May 2, 2023: Executive Session: 05/09/2023 01:00 pm LOB 301-303
May 2, 2023: Full Committee Work Session: 05/09/2023 09:30 am LOB 301-303
April 11, 2023: Public Hearing: 04/25/2023 12:30 pm LOB 301-303
April 7, 2023: Introduced (in recess of) 04/06/2023 and referred to Environment and Agriculture
March 30, 2023: Ought to Pass: MA, VV; OT3rdg; 03/30/2023; SJ 12
March 22, 2023: Committee Report: Ought to Pass, 03/30/2023; Vote 5-0; CC; SC 15
Jan. 19, 2023: Hearing: 01/24/2023, Room 103, SH, 09:45 am; SC 7
Jan. 12, 2023: Introduced 01/05/2023 and Referred to Energy and Natural Resources; SJ 4