HR 28 - AS AMENDED BY THE HOUSE
15Feb2024... 0242h
2024 SESSION
24-2005
08/05
HOUSE RESOLUTION 28
A RESOLUTION urging for the compensation for injuries from PFAS and for the closure and cleaning of sites affected by PFAS.
SPONSORS: Rep. W. Thomas, Hills. 12; Rep. M. Perez, Hills. 43; Rep. Renzullo, Hills. 13
COMMITTEE: State-Federal Relations and Veterans Affairs
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ANALYSIS
This resolution urges for the compensation for injuries from PFAS and for the closure and cleaning of sites affected by PFAS.
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15Feb2024... 0242h 24-2005
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
A RESOLUTION urging for the compensation for injuries from PFAS and for the closure and cleaning of sites affected by PFAS.
Whereas, perfluoroalkyl and polyfluoroalkyl substances, a class of chemicals known as “PFAS,” are highly toxic and highly persistent in the environment; and
Whereas, PFAS have been linked by scientific, peer-reviewed research to severe health problems, including kidney and liver damage, developmental harm, and immune system disruption; and
Whereas, Saint-Gobain is a company whose headquarters are in Paris, France; and
Whereas, Saint-Gobain acquired the Chemfab facility in the town of Merrimack, New Hampshire, in 2002; and
Whereas; Saint-Gobain also has locations in Hoosick Falls, New York, and Bennington, Vermont; and
Whereas, Saint-Gobain acquired the Merrimack Chemfab facility to expand capabilities here when Vermont refused to permit them unless they filtered air stacks; and
Whereas, because of PFAS chemical contamination there is a high incidence of cancer, medical monitoring costs, and water and environmental damage in Bennington, Vermont; and
Whereas, Saint-Gobain located in and contaminated Hoosick, Falls, where they have high concentrations of PFAS in their public water and private wells; and
Whereas, there is a high incidence of cancer, medical monitoring costs, and water and environmental damage in Hoosick Falls, New York; and
Whereas, PFAS was detected in Merrimack in a tap water sample that Saint-Gobain collected inside their facility in 2016; and
Whereas, the tap water at Saint-Gobain was from the public water system which draws water from 6 wells; and
Whereas, this detection of PFAS in the public water system prompted the department of environmental services to immediately initiate an investigation into the source and extent of PFAS chemical contamination; and
Whereas, the investigation, conducted by the department of environmental services and Saint-Gobain’s environmental consultants, involved sampling various media, including groundwater, surface water, stormwater, soil and facility emissions; and
Whereas, early in the investigation it became apparent that airborne transport of PFAS from the Saint-Gobain facility in Merrimack was an important pathway for regional groundwater contamination in several of the surrounding towns; and
Whereas, a major effort to sample water supply wells, both public and private, expanded outward from the facility into the surrounding communities; and
Whereas, this effort showed that PFAS chemicals were in those communities’ drinking water (public and private) and on their lands; and
Whereas, Saint-Gobain has a history of lying about their PFAS chemical usage; and Whereas, Saint-Gobain admits it used far more PFAS than regulators previously knew, and officials fear thousands more residents outside the contamination zone’s boundaries may be drinking tainted water in a region plagued by cancer clusters and other health problems thought to stem from PFAS pollution; and
Whereas, Saint-Gobain has also misled the state of New Hampshire about air emissions; and
Whereas, Saint-Gobain did not notify our department of environmental services that they had installed a bypass system on their filtration stacks which was recently used when the stacks failed which resulted in 2 pounds of PFAS chemicals being released directly into our air; and
Whereas, knowingly underfunded and inadequately presented the range of chemicals in Merrimack town water, Saint-Gobain paid for filtration for 5 years on only 2 of the 6 town public wells knowing that this was a forever chemical and that the costs would never end; and
Whereas, Saint-Gobain knowingly minimized the environmental impact and denied the ongoing harm; and
Whereas, Saint-Gobain continues to contaminate Merrimack and surround towns to this day through air emissions; and
Whereas, PFAS blood testing in Merrimack showed a 4 to 6 times the national average result for PFAS for those on public water and private wells owners test values were even higher; and
Whereas, Merrimack has a statistically higher rate of kidney and renal cancers; and
Whereas, the impacted communities also have higher than expected rates of all cancers associated with PFAS exposure; and
Whereas, these towns also have higher rates of learning disabilities, autoimmune illness, reproductive issues, along with cardiovascular, neurological and endocrine symptoms; and
Whereas, local veterinarians have reported local companion animals are dying of cancers with high incidences of lymphomas, lipomas, and other cancers having been reported; and
Whereas, at least 1100 families in southern New Hampshire are on bottled water indefinitely because private wells are too contaminated to use; and
Whereas, the town of Merrimack has proactively filtered school water since 2018 at taxpayers cost to protect our children from these harmful chemicals; and
Whereas, the town of Merrimack voted to spend 14 million of our tax-payer money to filter our public water from Saint-Gobain contamination, but public and private well owners have put filtration systems in at their own cost; and
Whereas, Saint-Gobain site has proven to be a clear and present danger to the residents who live near any of their plastics’ facilities; and
Whereas, surrounding towns’ air modeling maps by the department of environmental services show the chemical harm exists miles away from the offending sites; and
Whereas, recently Saint-Gobain announced that they will shut down operations in the Merrimack plant by June 2024; and
Whereas, this leaves residents with grave concerns about their willingness to pay for the clean up of the town of Merrimack and surrounding towns; and
Whereas, residents affected must get medical monitoring and treatment for PFAS related medical injuries and that the site be fully decontaminated; and
Whereas, there is also concern that Saint-Gobain fully pay for on-going private and public water remediation costs along with the cleanup of the site; now, therefore, be it
Resolved by the House of Representatives:
That those who have been injured by PFAS exposure are monitored and compensated by Saint Gobain for treatment to address PFAS related injuries;
That the burden of the PFAS contamination removal from the affected communities, including the soils, water resources and infrastructure, the manufacturing facility, and all related materials, will be the sole responsibility of Saint Gobain and that residents of New Hampshire are not held responsible for any remediation costs;
That the Saint Gobain facility is closed under the supervision of the strictest removal protocol leaving no trace of any of the chemicals in any affected community, infrastructure, and geographical area;
That efforts shall be made to ensure that the Saint-Gobain site does not remain an ongoing hazard to the town of Merrimack, the surrounding affected communities, and the rest of the region; and
That copies of this resolution be transmitted by the house clerk to the President of the United States, the President of France, the relevant offices of the United States Department of Justice and Environmental Protection Agency, the New Hampshire department of justice, the New Hampshire department of environmental services, and all members of the New Hampshire congressional delegation.
| Date | Amendment |
|---|---|
| Feb. 6, 2024 | 2024-0242h |
| Date | Body | Type |
|---|---|---|
| Jan. 12, 2024 | House | Hearing |
| Jan. 19, 2024 | House | Exec Session |
| Feb. 2, 2024 | House | Exec Session |
| Feb. 9, 2024 | House | Exec Session |
| Feb. 2, 2024 | House | Floor Vote |
Feb. 15, 2024: Ought to Pass with Amendment 2024-0242h: MA VV 02/15/2024 HJ 5 P. 17
Feb. 15, 2024: Amendment # 2024-0242h: AA VV 02/15/2024 HJ 5 P. 17
Feb. 6, 2024: Committee Report: Ought to Pass with Amendment # 2024-0242h 02/02/2024 (Vote 20-0; CC) HC 6 P. 10
Jan. 24, 2024: ==CANCELLED== Executive Session: 02/09/2024 11:30 am LOB 206-208
Jan. 24, 2024: ==CONTINUED== Executive Session: 02/02/2024 01:30 pm LOB 206-208
Jan. 9, 2024: ==RECESSED== Executive Session: 01/19/2024 02:00 pm LOB 206-208
Jan. 5, 2024: Public Hearing: 01/12/2024 02:30 pm LOB 206-208
Dec. 6, 2023: Introduced 01/03/2024 and referred to State-Federal Relations and Veterans Affairs HJ 1