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 SENATE
8Feb2018... 0324h
22Mar2018... 1100h
04/19/2018 1438s
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
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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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Feb2018... 0324h
22Mar2018... 1100h
04/19/2018 1438s 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 and shall submit a report to the house executive departments and administration committee, the senate executive departments and administration committee, and the joint legislative committee on administrative rules prior to initiating such rulemaking.
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
4 Effective Date. This act shall take effect 90 days after its passage.
18-2378
Amended 3/30/18
HB 1592-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2018-1100h)
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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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 | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill would require the Department of Environmental Services to review the arsenic Maximum Contaminant Level (MCL) for public water systems and the arsenic Ambient Groundwater Quality Standard (AGQS) to determine whether they should be lowered, and if it is determined that either should be lowered, initiate rulemaking to do so. If the Department were to lower the AGQS, the MCL, or both, county and local expenditures would likely increase for entities that own public water systems, wastewater lagoons, landfills, and other facilities that discharge to groundwater. For some of the affected facilities, the increased costs would be significant. The Department does not anticipate that revenues would increase for any unit of government. The Department indicates, a result of implementing lower limits would be indeterminable long-term reductions in health care costs associated with reductions in diseases and conditions caused by exposure to arsenic in drinking water.
The Department would need to independently review available research regarding the health effects of arsenic exposure, review data regarding the occurrence of arsenic in treated and untreated water at public water systems (PWSs), estimate the reduction in health effects under various scenarios for lowered MCLs, and estimate the costs for PWSs to comply with the lowered standard. The Department would also need to estimate the costs of compliance under corresponding scenarios for lowered AGQSs. The Department does not currently have staff with the expertise necessary to perform these functions, since the Department does not normally set drinking water standards (MCLs). In order to complete this review and propose revised limits in the time provided, the Department would need to hire a contractor. The Department estimates that the cost to hire a contractor could exceed $100,000.
The Department indicates it is not possible to determine which or how many PWSs or other facilities would be affected without knowing what the new AGQS and/or MCL would be. However, the Department has prepared a preliminary estimate of some of the impacts of lowering the limits to 5 ppb, a level the Department believes is technologically achievable.
For Public Water Systems, the Department estimates lowering the arsenic in drinking water limit to 5 ppb would increase the operating costs of 246 affected public water systems (PWSs) by approximately $2.5 million per year. This includes the cost impact on 33 affected municipal, county, and state-owned PWSs, which the Department estimates as approximately $281,000 per year. Not included in the amount are municipal PWSs that currently treat for arsenic with greensand. The Department believes these systems would not experience a significant cost increase due to greensand’s ability to remove arsenic to below 5 ppb without an appreciable effect on the useful life of the media.
For wastewater lagoons and other discharges to groundwater, the Department states lowering the AGQS for arsenic to 5 ppb would affect a number of facilities that hold groundwater discharge permits. Of the 102 facilities including wastewater lagoons, sludge lagoons, and wastewater discharges to the ground with permits, 40 are owned by public entities. At least 8 of those facilities struggle to comply with the current 10 ppb limit at least some of the time. Seven of those are unlined wastewater lagoons and one is a sludge lagoon. The facilities with persistent problems are in various stages of evaluating ways to achieve continuous compliance, typically by removing accumulated solids, acquiring more discharge area (land) and in extreme cases by relocating. The cost of compliance for these facilities is not possible to determine at this time, but is expected to be $10,000 to $100,000 per year for each facility. By lowering of the AGQS to 5 ppb, the Department estimates the number of facilities needing to take on additional costs may double or even triple. If so, the compliance costs due to lowering the limit to 5 ppb could be on the order of $80,000 to $1.6 million per year for all publicly owned facilities. Including privately owned facilities would bring the total to the order of $200,000 to $4 million per year.
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 and New Hampshire Association of Counties
