HB 1320 - AS AMENDED BY THE HOUSE
28Mar2024... 1247h
2024 SESSION
24-2374
12/10
HOUSE BILL 1320
AN ACT relative to real property and flood risk disclosure.
SPONSORS: Rep. Muns, Rock. 29; Rep. Vallone, Rock. 5; Rep. DiLorenzo, Rock. 10; Rep. Knab, Rock. 12; Sen. Altschiller, Dist 24
COMMITTEE: Commerce and Consumer Affairs
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AMENDED ANALYSIS
This bill requires that prior to the execution of a purchase and sale agreement for real property that flood risks be disclosed to the buyer.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
28Mar2024... 1247h 24-2374
12/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to real property and flood risk disclosure.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Conveyances of Realty; Notification Required; Flood Risk. Amend RSA 477:4-a to read as follows:
477:4-a Notification Required; Radon, Arsenic, and Lead and Flood
I. Prior to the execution of any contract for the purchase and sale of any interest in real property which includes a building, the seller, or seller's agent, shall provide the following notification to the buyer. The buyer shall acknowledge receipt of this notification by signing a copy of such notification:
"Radon: Radon, the product of decay of radioactive materials in rock, may be found in some areas of New Hampshire. Radon gas may pass into a structure through the ground or through water from a deep well. Testing of the air by a professional certified in radon testing and testing of the water by an accredited laboratory can establish radon's presence and equipment is available to remove it from the air or water."
"Arsenic: Arsenic is a common groundwater contaminant in New Hampshire that occurs at unhealthy levels in well water in many areas of the state. Tests are available to determine whether arsenic is present at unsafe levels, and equipment is available to remove it from water. The buyer is encouraged to consult the New Hampshire department of environmental services private well testing recommendations (www.des.nh.gov) to ensure a safe water supply if the subject property is served by a private well."
"Lead: Before 1978, paint containing lead may have been used in structures. Exposure to lead from the presence of flaking, chalking, chipping lead paint or lead paint dust from friction surfaces, or from the disturbance of intact surfaces containing lead paint through unsafe renovation, repair or painting practices, or from soils in close proximity to the building, can present a serious health hazard, especially to young children and pregnant women. Lead may also be present in drinking water as a result of lead in service lines, plumbing and fixtures. Tests are available to determine whether lead is present in paint or drinking water."
"Flood: Properties in coastal areas and along waterways may be subject to increased risk of flooding over time. A standard homeowners insurance policy typically does not cover flood damage. The buyer is encouraged to determine whether separate flood insurance is required and consult the Federal Emergency Management Agency’s flood maps (FEMA.GOV) in order to determine if the property is in a designated flood zone."
II. Nothing in this section shall be construed to have any impact on the legal validity of title transferred pursuant to a purchase and sale contract in paragraph I, or to create or place any liability with the seller or seller's agent for failure to provide the notification described in paragraph I.
2 New Subparagraph; Conveyances of Realty; Notification Required. Amend RSA 477:4-d by inserting after subparagraph (c) the following new subparagraph:
(d) Information relative to the property's location within a flood zone and whether or not the seller has flood insurance.
3 Effective Date. This act shall take effect January 1, 2025.
| Date | Amendment |
|---|---|
| March 20, 2024 | 2024-1247h |
| Date | Body | Type |
|---|---|---|
| Jan. 25, 2024 | House | Hearing |
| March 20, 2024 | House | Exec Session |
| March 20, 2024 | House | Exec Session |
| March 20, 2024 | House | Floor Vote |
April 2, 2024: Introduced 03/21/2024 and Referred to Commerce; SJ 8
March 28, 2024: Ought to Pass with Amendment 2024-1247h: MA VV 03/28/2024 HJ 10
March 28, 2024: Amendment # 2024-1247h: AA VV 03/28/2024 HJ 10
March 20, 2024: Committee Report: Ought to Pass with Amendment # 2024-1247h 03/20/2024 (Vote 17-0; CC) HC 12 P. 7
March 13, 2024: Executive Session: 03/20/2024 11:30 am LOB 302-304
March 19, 2024: Subcommittee Work Session: 03/20/2024 10:00 am LOB 302-304
March 13, 2024: Executive Session: 03/20/2024 10:00 am LOB 302-304
March 13, 2024: ==CANCELLED== Subcommittee Work Session: 03/19/2024 10:00 am LOB 307
March 7, 2024: Subcommittee Work Session: 03/13/2024 01:15 pm LOB 302-304
Jan. 17, 2024: Public Hearing: 01/25/2024 01:45 pm LOB 302-304
Dec. 6, 2023: Introduced 01/03/2024 and referred to Commerce and Consumer Affairs HJ 1