HB 1415 - FINAL VERSION
2024 SESSION
24-2700
10/08
HOUSE BILL 1415
AN ACT relative to PFAS facility liability.
SPONSORS: Rep. N. Murphy, Hills. 12; Rep. Lascelles, Hills. 14; Rep. Meuse, Rock. 37; Rep. Rombeau, Hills. 2; Rep. Dunn, Rock. 16; Rep. Germana, Ches. 1; Rep. Muns, Rock. 29; Rep. Rung, Hills. 12; Rep. W. Thomas, Hills. 12; Sen. Altschiller, Dist 24; Sen. Chandley, Dist 11; Sen. Watters, Dist 4; Sen. Ricciardi, Dist 9
COMMITTEE: Resources, Recreation and Development
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ANALYSIS
This bill provides for perfluoroalkyls (PFAS) facility liability for contaminations of groundwater quality standards according to federal regulations.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2700
10/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to PFAS facility liability.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraphs; Hazardous Waste; Definitions; PFAS. Amend RSA 147-B:2 by inserting after paragraph XIII the following new paragraphs:
XIV. “PFAS” means all perfluoroalkyl and polyfluoroalkyl substances.
XV. “Perfluoroalkyl substance” means a chemical of which all of the alkyl carbon atoms are fully fluorinated carbon atoms.
XVI. “Polyfluoroalkyl substance” means a chemical containing at least one fully fluorinated carbon atom and at least one carbon atom that is not a fully fluorinated carbon atom.
XVII. “Fully fluorinated carbon atom” means a carbon atom on which all of the hydrogen substituents have been replaced by fluorine.
XVIII. “PFAS facility” means any site, area, or location where PFAS is or has been used, treated, stored, generated, disposed of, or otherwise come to be located.
2 New Paragraph; Hazardous Waste; Strict Liability; Civil Action; PFAS Facilities. Amend RSA 147-B:10 by inserting after paragraph VII the following new paragraph:
VIII. Any person who owns or operates a PFAS facility where a release of PFAS at or from such PFAS facility has resulted in total combined concentrations in groundwater or surface water of 100 parts per trillion or greater of PFAS compounds for which ambient groundwater quality standards have been established pursuant to RSA 485-C, or who owned or operated a PFAS facility at the time of such a release, shall be subject to the provisions of federal regulations in 40 CFR 265.111 and 265.114. Such provisions shall apply to the closure, removal from service, or decommissioning of:
(a) All tanks, piping, containers, manufacturing equipment, waste or wastewater treatment infrastructure, and air pollution control devices used to handle, convey, or otherwise manage materials or wastes containing PFAS; and
(b) The interior and exterior surfaces of PFAS facility buildings and structures where materials or wastes containing PFAS are or have been used, stored, treated or otherwise managed. Nothing in this paragraph shall be interpreted to limit the applicability of RSA 147-B:10 or RSA 147-B:10-a to releases of PFAS otherwise subject to such sections.
3 Effective Date. This act shall take effect 60 days after its passage.
VETOED August 2, 2024 | Veto Sustained October 10, 2024
| Date | Body | Type |
|---|---|---|
| Feb. 7, 2024 | House | Hearing |
| Feb. 21, 2024 | House | Exec Session |
| Feb. 21, 2024 | House | Floor Vote |
| May 7, 2024 | Senate | Hearing |
| May 23, 2024 | Senate | Floor Vote |
| May 22, 2024 | Senate | Floor Vote |
| May 22, 2024 | Senate | Floor Vote |
Oct. 10, 2024: Notwithstanding the Governor's Veto, Shall HB1415 Become Law: RC 6Y-17N, Veto Sustained, lacking the necessary two-thirds vote; 10/10/2024; SJ 18
Oct. 10, 2024: Veto Overridden 10/10/2024: RC 289-38 by Required Two-Thirds Vote HJ 17 P. 21
Aug. 6, 2024: Vetoed by Governor Sununu 08/02/2024 HJ 16
June 25, 2024: Enrolled (in recess of) 06/13/2024 HJ 16 P. 45
June 24, 2024: Enrolled Adopted, VV, (In recess 06/13/2024); SJ 18
May 22, 2024: Ought to Pass: MA, VV; OT3rdg; 05/22/2024; SJ 14
May 22, 2024: Special Order to the regular position in the calendar, Without Objection, MA; 05/22/2024; SJ 14
May 22, 2024: Special Order to the end of the calendar on 05/23/2024, Without Objection, MA; 05/22/2024; SJ 14
May 15, 2024: Committee Report: Ought to Pass, 05/22/2024, Vote 5-0; SC 20
April 30, 2024: Hearing: 05/07/2024, Room 100, SH, 01:45 pm; SC 18
March 13, 2024: Introduced 03/07/2024 and Referred to Judiciary; SJ 7
March 7, 2024: Ought to Pass: MA VV 03/07/2024 HJ 7 P. 23
Feb. 27, 2024: Committee Report: Ought to Pass 02/21/2024 (Vote 20-0; CC) HC 9 P. 14
Feb. 14, 2024: Executive Session: 02/21/2024 10:00 am LOB 305
Jan. 31, 2024: Public Hearing: 02/07/2024 03:00 pm LOB 305
Dec. 6, 2023: Introduced 01/03/2024 and referred to Resources, Recreation and Development HJ 1 P. 19