Bill Text: NH HB1592 | 2018 | Regular Session | Amended
Bill Title: Requiring the commissioner of the department of environmental services to review ambient groundwater standards for arsenic.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2018-06-12 - Signed by Governor Sununu 06/08/2018; Chapter 190; Eff. 6/8/2018 [HB1592 Detail]
Download: New_Hampshire-2018-HB1592-Amended.html
HB 1592-FN - AS AMENDED BY THE HOUSE
8Feb2018... 0324h
22Mar2018... 1100h
2018 SESSION
18-2378
08/04
HOUSE BILL 1592
SPONSORS: Rep. Messmer, Rock. 24; Rep. McConnell, Ches. 12; Rep. Cushing, Rock. 21; Rep. Grassie, Straf. 11; Rep. Altschiller, Rock. 19; Rep. Fraser, Belk. 1
COMMITTEE: Resources, Recreation and Development
-----------------------------------------------------------------
AMENDED ANALYSIS
This bill requires the commissioner of the department of environmental services to review standards relative to arsenic contamination in drinking water and make new rules if he or she determines there should be new standards.
This bill also requires the commissioner of the department of environmental services to consider certain criteria before adopting specifications for contaminants in drinking water.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Feb2018... 0324h
22Mar2018... 1100h 18-2378
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Ambient Groundwater Quality Standards. Amend RSA 485-C:4 by inserting after paragraph XII the following new paragraph:
XIII. By January 1, 2019, the commissioner shall review the ambient groundwater standard for arsenic to determine whether it should be lowered and, if it is determined that it should be lowered, shall initiate rulemaking in accordance with RSA 541-A to establish the new ambient groundwater quality standard.
2 New Paragraph; Contaminants in Drinking Water. Amend RSA 485:3 by inserting after paragraph XIV the following new paragraph:
XV. By January 1, 2019, the commissioner shall review the maximum contaminant level for arsenic to determine whether it should be lowered and, if it is determined that it should be lowered, shall initiate rulemaking in accordance with RSA 541-A to establish the new maximum contaminant level.
3 Drinking Water Rules. Amend RSA 485:3, I(b) to read as follows:
(b) After consideration of the extent to which the contaminant is found in New Hampshire, the ability to detect the contaminant in public water systems, the ability to remove the contaminant from drinking water, and the costs and benefits to affected entities that will result from establishing the standard, a specification for each contaminant of either:
(1) A maximum contaminant level that is acceptable in water for human consumption[, if it is feasible to ascertain the level of such contaminant in water in public water systems]; or
(2) One or more treatment techniques or methods which lead to a reduction of the level of such contaminant sufficient to protect the public health, if it is not feasible to ascertain the level of such contaminant in water in the public water system; and
(3) The commissioner shall submit a report to the house executive departments and administration committee within 60 days of proposing a specification under this subparagraph; and
4 Effective Date. This act shall take effect 90 days after its passage.
18-2378
1/29/18
HB 1592-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
|
| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
|
|
|
|
|
COUNTY: |
|
|
|
|
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
|
|
|
|
|
LOCAL: |
|
|
|
|
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
The New Hampshire Municipal Association was originally contacted on January 12, 2018 and again on January 23, 2018 for a fiscal note worksheet, which they have not provided as of January 29, 2018.
METHODOLOGY:
This bill would require the Department of Environmental Services to lower the arsenic Maximum Contaminant Level (MCL) for public water systems from 10 parts per billion to 4 parts per trillion and lower the arsenic Ambient Groundwater Quality Standard (AGQS) from 10 parts per billion to 4 parts per trillion. The Department states laboratory methods are not readily available to quantitate arsenic at levels as low as 4 parts per trillion and water treatment technology is not available to remove arsenic to such a low level. The Department indicates it would not be possible for the vast majority of, if not all, water systems to achieve compliance with the proposed standards and it would not be possible to determine whether they achieve compliance. The costs of implementing the bill cannot be determined. The Department does not anticipate lower standards would produce revenues for any level of government. Expenditures to operate state, county and municipally owned public water systems, landfills, and groundwater discharge facilities, such as sewage lagoons, would increase. However, because the technology is not available to comply with the proposed standards, the costs cannot be determined.
The New Hampshire Association of Counties does not expect this bill would have an impact on county revenues or expenditures.
AGENCIES CONTACTED:
Department of Environmental Services, New Hampshire Association of Counties and New Hampshire Municipal Association
