Bill Text: NH HB261 | 2019 | Regular Session | Amended
Bill Title: Requiring the commissioner of the department of environmental services to revise rules relative to arsenic contamination in drinking water.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2019-07-16 - Signed by Governor Sununu 07/12/2019; Chapter 208; Eff: 10/10/2019 [HB261 Detail]
Download: New_Hampshire-2019-HB261-Amended.html
HB 261 - AS AMENDED BY THE SENATE
19Mar2019... 0028h
05/23/2019 1983s
05/23/2019 2243s
2019 SESSION
19-0398
08/06
HOUSE BILL 261
SPONSORS: Rep. Grassie, Straf. 11; Rep. Adjutant, Graf. 17; Rep. Cushing, Rock. 21; Rep. Murphy, Hills. 21
COMMITTEE: Resources, Recreation and Development
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ANALYSIS
This bill requires the commissioner of the department of environmental services to revise rules relative to arsenic contamination 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19Mar2019... 0028h
05/23/2019 1983s
05/23/2019 2243s
19-0398
08/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Ambient Groundwater Quality Standards; Contaminants in Drinking Water.
I. The commissioner shall initiate rulemaking pursuant to RSA 485-C:4, III within 120 days of the effective date of this paragraph to revise the ambient groundwater quality standard for arsenic to a value not to exceed 5 micrograms per liter. Such standard shall take effect no later than July 1, 2021.
II. The commissioner shall initiate rulemaking pursuant to RSA 485:3, I within 120 days of the effective date of this paragraph to adopt a maximum contaminant limit for arsenic to a value not to exceed 5 micrograms per liter for public water systems regulated by RSA 485-C. Such standards shall take effect no later than July 1, 2021.
2 Ambient Groundwater Quality Standards. Amend 2018, 190:1 to read as follows:
190:1 Department of Environmental Services; Ambient Groundwater Quality Standards. By January 1, 2019, the commissioner of the department of environmental services shall review the ambient groundwater standard for arsenic to determine whether it should be lowered, taking into consideration 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, the impact on public health, and the costs and benefits to affected entities that will result from establishing the standard. [Any proposed change to the ambient groundwater standard for arsenic shall require the approval of the general court.] On or before January 1, 2019, the commissioner shall submit a report of the findings to the chairpersons of the house and senate committees with jurisdiction over natural resources.
3 Drinking Water and Groundwater Advisory Commission. Amend RSA 485-F:4, VII(a)(1) to read as follows:
(1) Emergency remediation is necessary, where contamination to drinking water or groundwater is prevalent, or to assist with the capital costs of compliance with new or revised maximum contaminant levels or ambient groundwater quality standards.
4 Effective Date. This act shall take effect 90 days after its passage.
19-0398
Amended 3/29/19
HB 261- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2019-0028h)
FISCAL IMPACT: [ ] State [ X ] County [ X ] Local [ ] None
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COUNTY:
| Estimated Increase / (Decrease) | |||
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0$ | $135,000 | $25,000 | $25,000 |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | $2,619,000 | $1,457,500 | $1,457,500 |
METHODOLOGY:
This bill requires the Commissioner of the Department of Environmental services to revise rules relative to arsenic contamination in drinking water. The Department indicates the bill would require it to lower the ambient groundwater quality standard (AGQS) and drinking water maximum contaminant level (MCL) from 10 ppb to a level no greater than 5 ppb. The Department states lowering the MCL would affect public water systems and lowering the AGQS would affect landfills and facilities that discharge to groundwater. In 2018 the Department developed cost estimates for compliance with these standards for all public and private facilities. These estimated costs are in the Table A below.
Facility Type | Number of Sites | Capital Costs | Additional Annual Costs |
Public water systems | 318 | $950,000 | $3,880,000 |
Sewage lagoons, landfills and other facilities with groundwater discharge permits | 40 | $2,200,000 | $500,000 |
Landfills | 46 | $610,000 | $250,000 |
Total Costs Estimated: |
| $3,760,000 | $4,630,000 |
The Department identified 15 municipal water systems and public schools that would experience additional costs as a result of the MCL being lowered from 10 ppb to 5 ppb. These costs were based on a variety of factors including existing water treatment, design flow and increased use of expendable arsenic absorptive media. The Department also estimated the cost to for all public and private facilities affected by lowering the AGQS from 10 ppb to 5 ppb including landfills and facilities that discharge to groundwater. Based on the ownership of these facilities estimated impact on county expenditures would be $135,000 in FY 2021 ($110,000 for capital improvements) and $25,000 in each year thereafter. The cost to municipalities and school districts would be $2,619,000 in FY 2021 and $1,457,000 in each year thereafter, with $1,162,000 of capital improvement costs in FY 2021, the first year.
AGENCIES CONTACTED:
Department of Environmental Services
