Bill Text: NH SB169 | 2019 | Regular Session | Amended


Bill Title: Relative to recovery of expenditures from the drinking water and groundwater trust fund.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-06-13 - Sen. D'Allesandro Moved Nonconcur with the House Amendment, Motion Adopted, Voice Vote; 06/13/2019; Senate Journal 20 [SB169 Detail]

Download: New_Hampshire-2019-SB169-Amended.html

SB 169 - AS AMENDED BY THE HOUSE

 

03/14/2019   1011s

8May2019... 1614h

2019 SESSION

19-0180

08/10

 

SENATE BILL 169

 

AN ACT relative to recovery of expenditures from the drinking water and groundwater trust fund.

 

SPONSORS: Sen. Morse, Dist 22; Sen. Feltes, Dist 15

 

COMMITTEE: Finance

 

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ANALYSIS

 

This bill requires costs that are recovered from damages awarded in cases of hazardous waste clean up after expenditures from the drinking water and groundwater trust fund be deposited in such fund.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/14/2019   1011s

8May2019... 1614h 19-0180

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to recovery of expenditures from the drinking water and groundwater trust fund.

 

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

 

1  Hazardous Waste Clean Up; Civil Actions; Cost Recovery.  Amend RSA 147-B:10, III(a) to read as follows:

(a)  The attorney general may institute an action before the superior court for the county in which the facility is located against any person liable pursuant to paragraph I of this section to recover all costs incurred by the state.  Costs recovered under this section shall be deposited into the fund net of any legal expenses incurred by the department of justice to recover such costs, and net of any expenses incurred by the drinking water and groundwater trust fund established in RSA 6-D:1, which shall be reimbursed to the drinking water and groundwater trust fund.

2  New Section; Deposits to Drinking Water and Groundwater Trust Fund.  Amend RSA 485-F by inserting after section 5 the following new section:

485-F:6  Deposits to Drinking Water and Groundwater Trust Fund.  Any money received by the state related to the contamination of drinking water or groundwater, other than fees, fines, penalties, oil or hazardous waste cost recovery, or any other money already allocated to a specified fund, shall be deposited into the drinking water and groundwater trust fund net of any reimbursement to the appropriate state agency for the costs it incurred to obtain such recovery.  This paragraph shall not be construed to limit any damages otherwise awarded in a related private cause of action.

3  New Paragraph; Recovered Costs; Deposited in Drinking Water and Groundwater Trust Fund.  Amend RSA 485-F:3 by inserting after paragraph II the following new paragraph:

III.  Costs paid from the drinking water and groundwater trust fund for the action described in paragraph I(a) and recovered by the state under RSA 147-B:10, shall be deposited to the drinking water and groundwater trust fund pursuant to RSA 147-B:10, III(b).  In addition, upon payment from the trust fund for any costs for which a third party would otherwise be liable, the right to recover payment from such third party shall be assumed by the drinking water and groundwater advisory commission to the extent of payment made from the trust fund.  Any money so recovered shall be repaid to the trust fund net of any reimbursement to the appropriate state agency for the costs it incurred to obtain such a recovery.  No party shall receive multiple compensation for the same injury, and any such compensation shall be repaid to the trust fund.  

4  Effective Date.  This act shall take effect 60 days after its passage.

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