CHAPTER 346
HB 1613-FN - FINAL VERSION
21Mar2024... 0702h
05/02/2024 1642s
13Jun2024... 2344EBA
2024 SESSION
24-2417
08/10
HOUSE BILL 1613-FN
SPONSORS: Rep. Meuse, Rock. 37; Rep. McWilliams, Merr. 30; Rep. W. Thomas, Hills. 12; Rep. N. Murphy, Hills. 12
COMMITTEE: Ways and Means
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ANALYSIS
This bill establishes a trust fund for money from soil and water environmental contamination court settlements.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21Mar2024... 0702h
05/02/2024 1642s
13Jun2024... 2344EBA 24-2417
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
346:1 New Chapter; Soil and Water Contamination Settlement Trust Fund. Amend RSA by inserting after chapter 485-I the following new chapter:
CHAPTER 485-J
SOIL AND WATER CONTAMINATION SETTLEMENT TRUST FUND
485-J:1 Soil and Water Contamination Settlement Trust Fund Established.
I. There is hereby established the New Hampshire soil and water contamination settlement trust fund that shall be kept distinct and separate from all other state funds. Any funds or proceeds received by the attorney general on behalf of the state or its citizens as a result of any civil judgment or settlement of a claim, suit, petition, or other action regarding damages from environmental contamination of soil and water shall be deposited into the trust fund. All moneys in the fund shall be nonlapsing and continually appropriated to the department of environmental services for the purposes of this chapter. All moneys in the fund shall be exempt from the 10 percent disposition in RSA 7:6-e.
II. Once the funds have been deposited, the attorney general shall promptly report to the fiscal committee of the general court any money received under this section. All reports under this paragraph shall include, but shall not be limited to:
(a) The date of the judgment or settlement.
(b) The reason for the judgment or settlement.
(c) The purpose for which the judgment or settlement is to be used.
(d) The amount of the judgment or settlement.
(e) An accounting of the allocation of each judgment or settlement.
III. The state treasurer shall be the trustee of the trust fund, and shall invest the trust fund in accordance with RSA 6:8. Any earnings on trust fund moneys shall be added to the trust fund. Money in the fund shall be appropriated by the general court to address expenses and damages related to the specific type of contamination addressed by the settlement, including the remediation of the contamination, testing of soil and water for contamination, health monitoring for individuals at risk for or otherwise impacted by the contamination, and further investigation by the department of environmental services relevant to the specific type of contamination addressed by the settlement.
However, if the commissioner of the department of environmental services finds that the specific type of contamination addressed in the settlement has already been remediated and no longer presents a hazard to the environment or to the health of the public, the commissioner may request the state treasurer to transfer the settlement to one or more dedicated environmental funds under the administration of the department of environmental services.
IV. If after a period of 4 years, any funds from a specific settlement remain in the soil and water contamination trust fund and have not been spent to address eligible expenses and damages, the state treasurer shall, upon approval by the legislative fiscal committee of a request from the department of environmental services, transfer any remaining settlement funds to one or more dedicated environmental funds under the administration of the department of environmental services, as directed by the commissioner of the department of environmental services.
V.(a) This section shall only apply to environmental contamination settlements received by the attorney general where the disposition of funds has not been previously directed in statute by an act of the legislature. Settlements not included under the scope of this section include, but are not limited to, those eligible to be directed to the solid waste management fund under RSA 149-R and the drinking water and groundwater trust fund under RSA 6-D:1.
(b) This section shall not apply to fines received by the attorney general in criminal cases, penalty assessment funds, drug forfeiture funds, fines or civil penalties authorized by state law as a result of enforcement actions taken by state agencies or the attorney general, and money received on behalf of a victim or the state as restitution.
346:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: August 02, 2024
Effective Date: October 01, 2024
| Date | Amendment |
|---|---|
| March 14, 2024 | 2024-0702h |
| April 25, 2024 | 2024-1642s |
| July 10, 2024 | 2024-2344EBA |
| Date | Body | Type |
|---|---|---|
| Jan. 31, 2024 | House | Hearing |
| Feb. 14, 2024 | House | Exec Session |
| March 6, 2024 | House | Exec Session |
| March 6, 2024 | House | Exec Session |
| March 11, 2024 | House | Exec Session |
| March 11, 2024 | House | Floor Vote |
| April 3, 2024 | Senate | Hearing |
| April 10, 2024 | Senate | Hearing |
| May 2, 2024 | Senate | Floor Vote |
| April 10, 2024 | Senate | Hearing |
| May 2, 2024 | Senate | Floor Vote |
Aug. 6, 2024: Signed by Governor Sununu 08/02/2024; Chapter 346; 10/01/2024 HJ 16
July 23, 2024: Enrolled (in recess of) 06/13/2024 HJ 16 P. 56
July 23, 2024: Enrolled (in recess of) 06/13/2024 HJ 16
July 23, 2024: Enrolled Bill Amendment # 2024-2344e: AA VV (in recess of) 06/13/2024 HJ 16 P. 50
July 18, 2024: Enrolled Adopted, VV, (In recess 06/13/2024); SJ 18
July 10, 2024: Enrolled Bill Amendment # 2024-2344e Adopted, VV, (In recess of 06/13/2024); SJ 18
May 31, 2024: House Concurs with Senate Amendment 2024-1642s (Rep. Janigian): MA VV 05/30/2024 HJ 15 P. 25
April 26, 2024: Ought to Pass with Amendment 2024-1642s, MA, VV; OT3rdg; 05/02/2024; SJ 11
April 26, 2024: Committee Amendment # 2024-1642s, AA, VV; 05/02/2024; SJ 11
April 26, 2024: Committee Report: Ought to Pass with Amendment # 2024-1642s, 05/02/2024; Vote 5-0; CC; SC 17
April 25, 2024: Committee Report: Ought to Pass with Amendment # 2024-1642s, 05/02/2024; Vote 5-0; CC; SC 17
March 27, 2024: Hearing: 04/10/2024, Room 100, SH, 10:30 am; SC 13
April 26, 2024: Introduced 03/07/2024 and Referred to Ways and Means; SJ 7
March 27, 2024: Hearing: 04/10/2024, Room 100, SH, 10:30 am; SC 13
March 27, 2024: ==CANCELLED== Hearing: 04/03/2024, Room 100, SH, 10:30 am;
March 27, 2024: Hearing: 04/03/2024, Room 100, SH, 10:30 am; SC 13
March 26, 2024: Introduced 03/21/2024 and Referred to Ways and Means; SJ 8
March 21, 2024: Ought to Pass with Amendment 2024-0702h: MA VV 03/21/2024 HJ 9 P. 19
March 21, 2024: Amendment # 2024-0702h: AA VV 03/21/2024 HJ 9 P. 19
March 15, 2024: Committee Report: Ought to Pass with Amendment # 2024-0702h 03/11/2024 (Vote 18-0; CC)
March 7, 2024: Full Committee Work Session: 03/11/2024 09:30 am LOB 202-204
March 7, 2024: Executive Session: 03/11/2024 10:30 am LOB 202-204
Feb. 28, 2024: ==RECESSED== Executive Session: 03/06/2024 01:30 pm LOB 202-204
Feb. 28, 2024: Full Committee Work Session: 03/06/2024 09:30 am LOB 202-204
Feb. 28, 2024: Executive Session: 03/06/2024 01:30 pm LOB 202-204
Feb. 7, 2024: ==RECESSED== Executive Session: 02/14/2024 10:00 am LOB 202-204
Feb. 7, 2024: Full Committee Work Session: 02/13/2024 10:00 am LOB 202-204
Jan. 17, 2024: Public Hearing: 01/31/2024 12:00 pm LOB 202-204
Dec. 15, 2023: Introduced 01/03/2024 and referred to Ways and Means HJ 1 P. 26