Bill Text: NH HB398 | 2023 | Regular Session | Introduced
Bill Title: Relative to notice of PFAS and other groundwater contamination prior to the sale of real property.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-03-13 - Retained in Committee [HB398 Detail]
Download: New_Hampshire-2023-HB398-Introduced.html
HB 398 - AS INTRODUCED
2023 SESSION
23-0682
08/05
HOUSE BILL 398
AN ACT relative to notice of PFAS and other groundwater contamination prior to the sale of real property.
SPONSORS: Rep. W. Thomas, Hills. 12; Rep. N. Murphy, Hills. 12
COMMITTEE: Resources, Recreation and Development
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ANALYSIS
This bill requires certain notice of PFAS and other groundwater contamination prior to the sale of real property.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0682
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to notice of PFAS and other groundwater contamination prior to the sale of real property.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Notification Required; PFAS. Amend the section heading of RSA 477:4-a and RSA 477:4-a, I to read as follows:
477:4-a Notification Required; Radon, Arsenic, [and] Lead and PFAS.
I. Prior to the execution of any contract for the purchase and sale of any interest in real property which includes a building, the seller, or seller's agent, shall provide the following notification to the buyer. The buyer shall acknowledge receipt of this notification by signing a copy of such notification:
"Radon: Radon, the product of decay of radioactive materials in rock, may be found in some areas of New Hampshire. Radon gas may pass into a structure through the ground or through water from a deep well. Testing of the air by a professional certified in radon testing and testing of the water by an accredited laboratory can establish radon's presence and equipment is available to remove it from the air or water."
"Arsenic: Arsenic is a common groundwater contaminant in New Hampshire that occurs at unhealthy levels in well water in many areas of the state. Tests are available to determine whether arsenic is present at unsafe levels, and equipment is available to remove it from water. The buyer is encouraged to consult the New Hampshire department of environmental services private well testing recommendations (www.des.nh.gov) to ensure a safe water supply if the subject property is served by a private well."
"Lead: Before 1978, paint containing lead may have been used in structures. Exposure to lead from the presence of flaking, chalking, chipping lead paint or lead paint dust from friction surfaces, or from the disturbance of intact surfaces containing lead paint through unsafe renovation, repair or painting practices, or from soils in close proximity to the building, can present a serious health hazard, especially to young children and pregnant women. Lead may also be present in drinking water as a result of lead in service lines, plumbing and fixtures. Tests are available to determine whether lead is present in paint or drinking water."
"PFAS: Per and poly fluorinated alkyl substances (PFAS) are common groundwater contaminants in New Hampshire that occurs at unhealthy levels in well water in many areas of the state. Tests are available to determine whether PFAS is present at unsafe levels. The buyer is encouraged to consult the New Hampshire department of environmental services private well testing recommendations (www.des.nh.gov) to ensure a safe water supply if the subject property is served by a private well."
2 New Section; Disclosure Required; Groundwater Contamination. Amend RSA 477 by inserting after section 4-c the following new section:
477:4-cc Disclosure Required; Groundwater Contamination. Prior to the execution of any contract for the purchase and sale of any interest in real property which includes a building, the seller shall disclose to the buyer if he or she received a notification of groundwater contamination from the department of environmental services for an area within 500 feet of the subject real estate. The buyer shall acknowledge receipt of this disclosure by signing a copy of such disclosure.
3 Effective Date. This act shall take effect 60 days after its passage.
