HB 135  - AS INTRODUCED

 

 

2021 SESSION

21-0011

08/04

 

HOUSE BILL 135

 

AN ACT requiring parties responsible for pollution of a drinking water supply to be financially responsible for certain consequences of that pollution.

 

SPONSORS: Rep. Boehm, Hills. 20; Rep. Lascelles, Hills. 20; Rep. Notter, Hills. 21

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill requires parties deemed responsible for pollution of a drinking water supply to be financially responsible for certain consequences of that pollution.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0011

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT requiring parties responsible for pollution of a drinking water supply to be financially responsible for certain consequences of that pollution.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Drinking Water Pollution; Responsibility for Damages.  Amend RSA 485 by inserting after section 17-a the following new section:

485:17-b  Drinking Water Pollution; Responsibility for Damages.  Whenever the commissioner finds a public or private corporation, individual, partnership, or other entity has violated the provisions of this chapter, any rules in force hereunder, or any condition in a permit issued under this chapter, then:

I.  The public or private corporation, individual, partnership, or other entity shall connect any residence or business affected by such violation to a commercial or municipal water supply at the public or private corporation, individual, partnership, or other entity's cost.

II.  The public or private corporation, individual, partnership, or other entity shall supply drinking water to the affected residence or business until the connection required in paragraph I is made, at the a public or private corporation, individual, partnership, or other entity's cost.

III.  If the connection required in paragraph I cannot be made in 6 months or less, the public or private corporation, individual, partnership, or other entity shall pay for the installation of a whole house water filter and the maintenance of such filter.

IV.  The public or private corporation, individual, partnership, or other entity shall pay the owner of the residence or business affected by the violation a monthly sum based on the average water usage and billing of comparable residences or businesses for 5 years from the date of the connection required under paragraph I or until the residence or business is sold to a different owner, whichever comes first.

V.  Any owner of a residence or business that was affected by such a violation on or after January 1, 2016 may inform the public or private corporation, individual, partnership, or other entity of such effect in order to qualify for the remedies under paragraphs I through IV.

2  Effective Date.  This act shall take effect upon its passage.