Revision: Nov. 13, 2023, 2:21 p.m.
2024 SESSION
24-2417.1
08/10
HOUSE BILL [bill number]
SPONSORS: [sponsors]
COMMITTEE: [committee]
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2417.1
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:
1 New Section; Soil and Water Contamination Settlement Fund. Amend RSA 126-A by inserting after section 79-a the following new section:
126-A:79-b 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.
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.
IV. If after a period of 2 years, any funds from a specific settlement remain in the fund and have not been spent to address eligible expenses and damages, the funds remaining from that settlement may be transferred for immediate use to the solid waste management fund and/or the drinking water and groundwater trust fund.
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.
2 Effective Date. This act shall take effect 60 days after its passage.