HB 1326-FN - AS INTRODUCED
2024 SESSION
24-2433
08/05
HOUSE BILL 1326-FN
AN ACT relative to notification processes for large groundwater withdrawal applications.
SPONSORS: Rep. Porcelli, Rock. 19; Rep. Bernardy, Rock. 36; Rep. Harley, Rock. 30; Sen. Gannon, Dist 23
COMMITTEE: Resources, Recreation and Development
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ANALYSIS
This bill requires notice of a public meeting requested during the consideration of an application for a large groundwater withdrawal.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2433
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to notification processes for large groundwater withdrawal applications.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Removal of Groundwater; Notice of Public Hearing. Amend RSA 485-C:21, IV to read as follows:
IV.(a) The department shall hold the public hearing within 30 days after the request of the governing body of the municipality or the supplier of water made pursuant to paragraph III. Notice of the hearing shall be made by the applicant and shall be published twice in 2 different weeks, the last publication to be 7 days before the hearing, in one newspaper of general circulation throughout the state and another newspaper of general circulation in the municipality. The notice shall also be posted in 2 public places in the municipality.
(b) The applicant shall provide written notification of the public hearing by mail to all owners of property or residents within a 10,500 foot radius of the project 30 days prior to the public hearing. The department shall adopt rules under RSA 541-A relative to the form of such notice. The list of all persons that are mailed a notice shall be delivered to the town clerk and shall be an addendum to the application.
(c) Persons receiving a written notice under subparagraph (b) shall have 60 days after the public hearing to request from the department of environmental services testing of their wells at no cost to the person.
(d) If based on tests requested under subparagraph (c) monitoring of wells is deemed necessary by the department of environmental services, the persons owning the wells may request reports of well performance for up to one year after the initial test.
2 Effective Date. This act shall take effect 60 days after its passage.
24-2433
10/30/23
HB 1326-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to notification processes for large groundwater withdrawal applications.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
| |||||
Expenditures | $0 | $1,862,000 to $10,662,000 | $1,863,000 to $10,663,000 | $1,867,000 to $10,667,000 | ||
Funding Source(s) | General Fund
| |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
| |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No | ||||||
| ||||||
Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
METHODOLOGY:
The Department of Environmental Services indicates this bill would expand the notification and testing process an applicant for a new large groundwater withdrawal permit must follow when submitting an application for a new permit. The bill adds a requirement to notify all owners of private properties located within a 10,500 foot radius (approximately 12.5 square miles) around the proposed groundwater withdrawal well and include an offer to test each private well on the notified properties, and report the results of testing. The Department provided the following information and assumptions regarding the impact of the bill:
The Department prepared the following estimate of the annual fiscal impact of this bill assuming two applications per year from to municipal water systems:
| FY 2025 | FY 2026 | FY 2027 |
One new Environmentalist III position to administer notifications, analyze testing data and provide the findings. | $102,000 | $103,000 | $107,000 |
Testing - Low Estimate 20% X 2,200 =440 tests @ $2,000 per test= $880,000 2 applications per year. | $1,760,000 | $1,760,000 | $1,760,000 |
Testing - High Estimate 20% X 2,200 =440 tests @ $12,000 per test= $5,280,000 2 applications per year. | $10,560,000 | $10,560,000 | $10,560,000 |
Low Range Estimate plus Position Cost: | $1,862,000 | $1,863,000 | $1,867,000 |
High Range Estimate plus Position Cost: | $10,662,000 | $10,663,000 | $10,667,000 |
It is assumed that any fiscal impact would occur after FY 2024.
AGENCIES CONTACTED:
Department of Environmental Services
| Date | Amendment |
|---|---|
| Feb. 29, 2024 | 2024-0741h |
| Date | Body | Type |
|---|---|---|
| Feb. 7, 2024 | House | Hearing |
| Feb. 21, 2024 | House | Exec Session |
| Feb. 21, 2024 | House | Floor Vote |
March 14, 2024: Inexpedient to Legislate: MA VV 03/14/2024 HJ 8
Feb. 29, 2024: Minority Committee Report: Ought to Pass with Amendment # 2024-0741h
Feb. 29, 2024: Majority Committee Report: Inexpedient to Legislate 02/21/2024 (Vote 17-3; RC)
Feb. 14, 2024: Executive Session: 02/21/2024 10:00 am LOB 305
Jan. 31, 2024: Public Hearing: 02/07/2024 01:00 pm LOB 305
Dec. 6, 2023: Introduced 01/03/2024 and referred to Resources, Recreation and Development HJ 1