SB 123-FN - VERSION ADOPTED BY BOTH BODIES

03/09/2023   0635s

2023 SESSION

23-0874

08/10

SENATE BILL 123-FN

AN ACT relative to the adoption of ambient groundwater quality standards by the department of environmental services.

SPONSORS: Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. Gray, Dist 6; Sen. Avard, Dist 12; Sen. Altschiller, Dist 24; Rep. Notter, Hills. 12; Rep. Rung, Hills. 12; Rep. Healey, Hills. 12; Rep. W. Thomas, Hills. 12

COMMITTEE: Energy and Natural Resources

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ANALYSIS

This bill enables the commissioner of the department of environmental services to adopt certain ambient groundwater quality standards.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/09/2023   0635s 23-0874

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to the adoption of ambient groundwater quality standards by the department of environmental services.

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

1  Ambient Groundwater Quality Standards.  Amend RSA 485-C:6, I to read as follows:

I. The commissioner shall establish and adopt ambient groundwater quality standards for regulated contaminants which adversely affect human health or the environment. Ambient groundwater standards shall apply to all regulated contaminants which result from human operations or activities, but do not apply to naturally occurring contaminants. Where state maximum contaminant levels have been adopted under RSA 485:3, I(b), or established in law, ambient groundwater quality standards shall be equivalent to such standards[.] or where federal maximum contaminant level or health advisories have been promulgated under the Federal Safe Drinking Water Act or rules relevant to such act, the commissioner may adopt ambient groundwater quality standards [shall be no less stringent than] equivalent to such standards. The commissioner may also adopt standards that are more stringent than federal or state maximum contaminant levels or federal health advisories if, accounting for an adequate margin of safety to protect human health at all life stages, including but not limited to pre-natal development, the commissioner determines federal standards are insufficient for protection of human health. Where such standards are [established] adopted based upon health advisories promulgated under the Federal Safe Drinking Water Act that address cancer risks, the ambient groundwater quality standards shall be equivalent to that exposure which causes a lifetime exposure risk of one cancer in 1,000,000 exposed population. Where no federal or state maximum contaminant level or health advisory has been [issued] adopted, the commissioner may adopt ambient groundwater quality standards on a basis which provides for an adequate margin of safety to protect human health and safety.

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

LBA

23-0874

Amended 3/13/23

SB 123-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2023-0635s)

AN ACT relative to the adoption of ambient groundwater quality standards by the department of environmental services.

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

METHODOLOGY:

This bill enables the commissioner of the department of environmental services to adopt certain

ambient groundwater quality standards.

The Department of Environmental Services indicates this bill would amend RSA 485-C to eliminate internal inconsistencies in the existing statutory language regarding the criteria the Department must use when establishing or amending ambient groundwater quality standards (AGQS). Current law states that AGQS shall be “equivalent to” any state maximum contaminant level (“MCL”) but also states that AGQS shall be “at least as stringent” as any federal health advisory.  Complying with both of these criteria is not possible if the State MCL is less stringent than the federal health advisory, which is a realistic possibility. This legislation would address this inconsistency.  AGQS can have a significant impact on requirements and costs associated with drinking water and wastewater treatment, and contaminated site remediation. This bill would provide clarity to the Commissioner when setting AGQS, retaining discretion for the Commissioner to adopt AGQS based upon a federal health advisory when circumstances warrant.  The Department assumes this could result in avoidance of setting an unreasonably low AGQS for a contaminant based upon federal health advisories. In such an instance, the Department assumes there could be significant reductions in expenditures required of any local, county, or state governments that operate drinking water treatment facilities, wastewater treatment facilities, or are responsible for contaminated site remediation.

It is assumed that any fiscal impact would occur after FY 2023.

AGENCIES CONTACTED:

Department of Environmental Services