Bill Text: NH HB1415 | 2024 | Regular Session | Enrolled

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Bill Title: Relative to PFAS facility liability.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Vetoed) 2024-08-06 - Vetoed by Governor Sununu 08/02/2024 House Journal 16 [HB1415 Detail]

Download: New_Hampshire-2024-HB1415-Enrolled.html

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HB 1415 - VERSION ADOPTED BY BOTH BODIES

 

 

2024 SESSION

24-2700

10/08

 

HOUSE BILL 1415

 

AN ACT relative to PFAS facility liability.  

 

SPONSORS: Rep. N. Murphy, Hills. 12; Rep. Lascelles, Hills. 14; Rep. Meuse, Rock. 37; Rep. Rombeau, Hills. 2; Rep. Dunn, Rock. 16; Rep. Germana, Ches. 1; Rep. Muns, Rock. 29; Rep. Rung, Hills. 12; Rep. W. Thomas, Hills. 12; Sen. Altschiller, Dist 24; Sen. Chandley, Dist 11; Sen. Watters, Dist 4; Sen. Ricciardi, Dist 9

 

COMMITTEE: Resources, Recreation and Development

 

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ANALYSIS

 

This bill provides for perfluoroalkyls (PFAS) facility liability for contaminations of groundwater quality standards according to federal regulations.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2700

10/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to PFAS facility liability.  

 

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

 

1 New Paragraphs; Hazardous Waste; Definitions; PFAS.  Amend RSA 147-B:2 by inserting after paragraph XIII the following new paragraphs:

XIV. “PFAS” means all perfluoroalkyl and polyfluoroalkyl substances.

XV. “Perfluoroalkyl substance” means a chemical of which all of the alkyl carbon atoms are fully fluorinated carbon atoms.

XVI. “Polyfluoroalkyl substance” means a chemical containing at least one fully fluorinated carbon atom and at least one carbon atom that is not a fully fluorinated carbon atom.

XVII. “Fully fluorinated carbon atom” means a carbon atom on which all of the hydrogen substituents have been replaced by fluorine.

XVIII. “PFAS Facility” means any site, area, or location where PFAS is or has been used, treated, stored, generated, disposed of, or otherwise come to be located.

2 New Paragraph; Hazardous Waste; Strict Liability; Civil Action; PFAS Facilities.  Amend RSA 147-B:10 by inserting after paragraph VII, the following new paragraph:

VIII.  Any person who owns or operates a PFAS facility where a release of PFAS at or from such PFAS facility has resulted in total combined concentrations in groundwater or surface water of 100 parts per trillion or greater of PFAS compounds for which ambient groundwater quality standards have been established pursuant to RSA 485-C, or who owned or operated a PFAS facility at the time of such a release, shall be subject to the provisions of federal regulations  in 40 CFR 265.111 and 265.114.  Such provisions shall apply to the closure, removal from service, or decommissioning of:  

(a) All tanks, piping, containers, manufacturing equipment, waste or wastewater treatment infrastructure, and air pollution control devices used to handle, convey, or otherwise manage materials or wastes containing PFAS; and

(b) The interior and exterior surfaces of PFAS facility buildings and structures where materials or wastes containing PFAS are or have been used, stored, treated or otherwise managed. Nothing in this paragraph shall be interpreted to limit the applicability of RSA 147-B:10 or RSA 147-B:10-a to releases of PFAS otherwise subject to such sections.

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