Revision: July 9, 2024, 3 p.m.
CHAPTER 175
SB 589-LOCAL - FINAL VERSION
03/21/2024 1036s
2024 SESSION
24-3149
08/02
SENATE BILL 589-LOCAL
AN ACT relative to wastewater surcharges.
SPONSORS: Sen. Birdsell, Dist 19; Sen. Carson, Dist 14
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill enables the collection of a limited surcharge on certain wastewater services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/21/2024 1036s 24-3149
08/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to wastewater surcharges.
Be it Enacted by the Senate and House of Representatives in General Court convened:
175:1 Water Companies, When Public Utilities. Amend RSA 362:4, III(a) to read as follows:
(a) If it serves customers outside its municipal boundaries, charging such customers a rate no higher than that charged to its customers within the municipality, and serves those customers a level of sewage disposal service equal to that served to customers within the municipality, except pursuant to an inter-municipal agreement under RSA 53-A providing for wastewater services between municipalities, at a rate no greater than 15 percent higher than that charged to its customers within the municipality. Nothing in this section shall exempt a municipal corporation from the franchise application requirements of RSA 374.
175:2 Water Companies, When Public Utilities. Amend the introductory paragraph of RSA 362:4, VII(a) to read as follows:
(a) A homeowners association, including but not limited to a condominium unit owners association, shall not be considered a public utility under this title by virtue of providing water or sewer service if:
175:3 New Paragraph; Sewer Rate Surcharge. Amend RSA 149-I:10 by inserting after paragraph I the following new paragraph:
I-a. The funds received from the collection of sewer rate surcharge to customers outside of the municipal boundaries, as authorized pursuant to RSA 362:4, below the threshold for regulation by the public utilities commission, derived from inter-municipal agreements, by municipalities governed under RSA 49-D:3, I may upon approval of the legislative body of the municipality, be expended for the following purposes:
(a) Pursuant to RSA 149-I:8.
(b) For the acquisition, construction, payment of the interest on any debt incurred, management, maintenance, operation, and repair of sewer systems, or construction, enlargement, or improvement of such systems.
(c) Capital reserve funds of the water or sewer system.
(d) For the expansion or replacement of natural gas lines or systems, by a municipal gas system or gas provider regulated by the public utilities commission.
(e) For the purposes set forth in RSA 162-G:4.
(f) For the purposes set forth in RSA 162-K:6, III and RSA 162-K:8.
175:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 03, 2024
Effective Date: September 01, 2024