Revision: March 27, 2024, 2:13 p.m.
Senate Judiciary
March 27, 2024
2024-1357s
11/08
Amendment to SB 413-FN
Amend the bill by replacing section 2 with the following:
2 New Paragraphs; Hazardous Waste Fund Cleanup. Amend RSA 147-B:2 by inserting after paragraph VIII-i the following new paragraphs:
VIII-j. “PFAS” means all perfluoroalkyl and polyfluoroalkyl substances.
VIII-k. “Perfluoroalkyl substance” means a chemical of which all of the alkyl carbon atoms are fully fluorinated carbon atoms.
VIII-l. “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.
VIII-m. “PFAS facility" means any site, area, or location where PFAS is or has been used in a manufacturing process.
VIII-n. “Manufacturing process” means a process that turns raw materials into a finished product.
Amend the bill by replacing section 3 with the following:
3 Strict Liability; Civil Action. Amend RSA 147-B:10, I(d) to read as follows:
(d) Accepts or accepted any hazardous waste or hazardous material for transport to disposal or treatment facilities or sites selected by such person, shall be strictly liable for all costs incurred by the state in responding to a release or threatened release of hazardous waste or hazardous material at or from the facility as specified in paragraph II and shall be strictly liable for containment, cleanup, restoration, or other remediation related to the release or threatened release of hazardous waste or hazardous material in accordance with applicable law and departmental rules.
Amend the bill by replacing section 5 with the following:
5 New Paragraph; 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 or releases of PFAS at or from such PFAS facility have resulted in total combined concentrations in groundwater or surface water of 10,000 ng/l (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 or releases, shall be subject to the provisions of RSA 147-B:10 and RSA 147-B:10-a. However, any public water system as defined by RSA 485:1-a, XV, wastewater treatment plant as defined by RSA 485-A:2, XVI-a, or facility permitted pursuant to RSA 149-M:9 shall be exempt from the provisions of this paragraph. Nothing herein 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.
Amend the introductory paragraph of RSA 485:58, VIII as inserted by section 7 of the bill by replacing it with the following:
VIII. Notwithstanding RSA 507:7-e, I-III, and in addition to any other available remedies, where a property owner demonstrates by a preponderance of the evidence that contamination emanating from a PFAS facility subject to RSA 147-B:10, VIII caused contamination of the property owner’s drinking water at a level at or above state or federal maximum contaminant levels, the owner or operator of such PFAS facility shall be jointly and severally liable for:
Amend the bill by deleting paragraph IX as inserted by section 7 and renumbering the original paragraph X to read as IX.