Revision: Oct. 26, 2023, 9:20 a.m.
2024 SESSION
24-2603.0
05/08
HOUSE BILL [bill number]
AN ACT establishing a grant program to cover the cost of PFAS blood testing.
SPONSORS: [sponsors]
COMMITTEE: [committee]
─────────────────────────────────────────────────────────────────
ANALYSIS
This bill establishes a grant program in the department of environmental services to cover the cost of PFAS blood testing for eligible individuals.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2603.0
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT establishing a grant program to cover the cost of PFAS blood testing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Findings and Purpose.
I. On March 20, 2018, the department of environmental services, through its counsel, the New Hampshire attorney general, entered into a consent decree with Saint Gobain Performance Plastics Corporation (Saint-Gobain/SGPP) relative to its release of PFAS from its Merrimack, New Hampshire facility.
II. PFAS are a large group of manmade toxic chemicals that are extremely persistent in our environment. Because PFAS exposure via drinking water, air, and soil that has occurred due to Saint Gobain’s manufacturing processes is cumulative, PFAS blood levels of impacted citizens can build up over time. PFAS increase risk for various adverse health impacts, including kidney cancer, which the New Hampshire department of health and human services has determined is 42 percent higher in Merrimack than elsewhere in the state, and is the subject of a planned phase III kidney cancer feasibility study. Other health outcomes with the greatest evidence of being linked to PFAS include thyroid disease, increased cholesterol levels, liver damage, testicular cancer, delayed mammary gland development in pregnant women, and reduced response to vaccines and lower birth weight for newborns.
III. The 2018 consent decree between the state and SGPP circumscribed the outer boundary limit of Saint-Gobain’s responsibility for assessing the extent of per- and polyfluoroalkyl (PFAS) drinking water pollution in southern New Hampshire and remedial actions to be taken by Saint-Gobain to address contamination within that area.
IV. As of July 30, 2023, Saint Gobain has provided alternative drinking water supply to more than 1,000 private well owners due to the detection of perfluorooctanoic acid or “PFOA”, in excess of the New Hampshire maximum contaminant level of 12 parts per trillion. PFOA is one of the more than 14,000 known PFAS chemicals.
V. In addition, 2 Merrimack Village District water supply wells (Wells 4 and 5) located within the consent decree outer boundary were shut down in 2015 due to PFOA levels in excess of the maximum contaminant level for New Hampshire.
VI. In 2020, RSA 415:18-cc was amended to require that New Hampshire health insurance companies provide residents coverage for PFAS/PFCs blood testing, at no greater co-payment, deductible, or coinsurance than any other similar benefits provided by the insurer. PFAS/PFC blood testing measures the levels of certain PFAS chemicals in a person’s blood. Many residents of southern New Hampshire, including some within the consent decree outer boundary, have healthcare coverage through a private insurer located outside of New Hampshire or have insurance coverage through Medicaid or Medicare; in which case, PFAS blood testing would not be covered by insurance.
VII. Of the thousands of citizens residing within the consent decree outer boundary, approximately 241 individuals have been offered blood testing for PFAS, through the New Hampshire department of health and human services.
VIII. Studies have shown that PFAS crosses the placental boundary and is delivered to breastfeeding babies.
IX. In addition to those who have a history of elevated exposure to PFAS, pregnant women or those considering pregnancy who have been exposed to contaminated drinking water in southern New Hampshire; regardless of insurance coverage, should have access to PFAS blood testing to make informed decisions about the potential risks and benefits of breastfeeding.
2 New Section; Grant Program for PFAS Blood Testing Established. Amend RSA 485-H by inserting after section 13 the following new section:
485-H:14 Grant Program for PFAS Blood Testing Established.
I. In this section:
(a) "Consent decree outer boundary" means the outer boundary limit identified in the 2018 consent decree between the state and the Saint Gobain Performance Plastics Corporation.
(b) "PFAS" means per- and polyfluoroalkyl.
(c) "PFOA" means perfluorooctanoic acid.
II. The department shall establish and administer a grant program for PFAS blood testing. Persons who meet the following criteria shall be eligible to participate in the grant program:
(a) Persons where PFOA was detected in their private water supply at a concentration above the New Hampshire maximum contaminant level of 12 parts per trillion and who live or lived within the consent decree outer boundary for a period of 5 years or more between 1986 and 2023; or
(b) Children who attended schools located within the consent decree outer boundary between 1986 and 2023; or
(c) Persons who worked in businesses located within the consent decree outer boundary for a period of 5 years or more between 1986 and 2023; or
(d) Persons who are, or were Merrimack Valley District water supply customers residing with the consent decree outer boundary for 5 years or more between 1986 and 2023.
III. The department shall create a public electronic portal for applicants to obtain forms and submit to the department for reimbursement.
IV. Persons who meet the eligibility requirements established in paragraph II and who apply to the program, shall receive a test order in the mail with information to make an appointment at a participating local laboratory to obtain blood testing fully funded by the grant program.
V. The department of health and human services shall set up a voluntary HIPAA-compliant repository of blood test results for residents of southern New Hampshire who wish to participate in the program established under this section.
VI. The department of environmental services, acting with the attorney general, shall compel Saint Gobain to set aside moneys from the 2018 consent decree, in an amount determined by the department, to cover reimbursement, participation, and administration costs to provide PFAS blood testing for certain residents of southern New Hampshire. The moneys shall be deposited in a separate, nonlapsing fund to be known as the PFAS blood testing grant fund. The fund shall be administered by, and continually appropriated to, the department of environmental services for the purpose of administering the blood testing grant program established under this section.
3 New Subparagraph; Dedicated Fund; PFAS Blood Testing Grant Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (394) the following new subparagraph:
(395) Moneys deposited in the PFAS blood testing grant fund under RSA