Bill Text: NH HB1569 | 2020 | Regular Session | Amended


Bill Title: Requiring the department of environmental services to maintain a public registry of where certain fire suppressants have been used.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Engrossed - Dead) 2020-06-16 - Vacated from Committee and Laid on Table, Motion Adopted, Voice Vote; 06/16/2020 Senate Journal 8 [HB1569 Detail]

Download: New_Hampshire-2020-HB1569-Amended.html

HB 1569-FN - AS AMENDED BY THE HOUSE

 

19Feb2020... 0182h

2020 SESSION

20-2599

08/06

 

HOUSE BILL 1569-FN

 

AN ACT requiring the department of environmental services to maintain a public registry of where certain fire suppressants have been used.

 

SPONSORS: Rep. Murphy, Hills. 21; Rep. Petrigno, Hills. 23; Rep. Salloway, Straf. 5; Rep. Meuse, Rock. 29; Rep. Gay, Rock. 8; Rep. Cushing, Rock. 21; Rep. Bushway, Rock. 21; Rep. French, Graf. 14; Rep. Eisner, Rock. 6; Rep. Edgar, Rock. 21; Sen. Sherman, Dist 24; Sen. Morgan, Dist 23

 

COMMITTEE: Resources, Recreation and Development

 

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AMENDED ANALYSIS

 

This bill requires the department of environmental services to maintain a public registry of where certain fire suppressants have been used.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2020... 0182h

20-2599

08/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT requiring the department of environmental services to maintain a public registry of where certain fire suppressants have been used.

 

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

 

1  Class B Firefighting Foam Registry.  RSA 154:8-b, XI is repealed and reenacted to read as follows:

XI.(a)  There is established in the department of environmental services a registry for compilation and analysis of information relating to the sites where the class B firefighting foam has been discharged, stored, captured, collected, managed, or disposed of.  Such registry shall be available to the public on the department of environmental services' Internet website.  

(b)  Any time a class B firefighting foam to which PFAS chemicals have been intentionally added is discharged, the person or municipality making such discharge shall notify the department of environmental services within 48 hours of such discharge.

(c)  Persons or municipalities shall notify the department of environmental services of all locations where class B firefighting foam is or has been stored, captured, collected, managed, or disposed of.

(d)  Within 120 days of the effective date of this paragraph, persons or municipalities shall notify the department of environmental services of any known dates and locations where class B firefighting foam has been discharged in the past.   

(e)  The commissioner of the department of environmental services shall adopt rules pursuant to RSA 541-A relative to the content and design of forms for reporting use of class B firefighting foam.  Reports shall include the location, date, time, and volume of the discharge.

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

 

LBAO

20-2599

11/21/19

 

HB 1569-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT requiring the department of environmental services to maintain a public registry of where certain fire suppressants have been used.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - PFAS Remediation Fund

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill requires the Department of Environmental Services to establish a publicly available registry for compilation and analysis of information relating to sites where Class B firefighting foam has been discharged, stored, captured, collected, managed or disposed of.  The Department would be required to adopt rules relative to the content and design of forms for reporting use of Class B firefighting foam.  In addition, the bill also establishes a per- and polyfluoroalkyl substances (PFAS)  remediation fund.  Municipalities that fail to comply with the reporting requirements established in the bill would be fined, and the fines would be deposited into the PFAS remediation fund.  Money from this fund will be appropriated to the Department for remediation at sites contaminated with PFAS.  The Department estimates that 2 full-time positions, an Environmentalist IV and a Program Assistant II, would be necessary beginning July 1, 2020 to:

  • Create and maintain reporting forms,
  • Develop and maintain the electronic registry,
  • Perform required rulemaking, and
  • Manage and administer the funds from the PFAS remediation fund.

 

The Department provided the following cost information for these positions which includes salary benefits and other associated expenses:

 

 

FY 2021

FY 2022

FY 2023

Environmentalist IV

$111,000

$109,000

$114,000

Program Assistant II

$79,000

$78,000

$81,000

TOTAL

$190,000

$187,000

$195,000

 

The Department assumes the new positions would be a cost to the State General Fund.  Revenue to the PFAS fund from non-compliance fines is indeterminable at this time.  Aside from the position costs identified, the fiscal impact on state expenditures is indeterminable.  There would be costs associated with the development of a web-based reporting application.  Those costs are indeterminable at this time.

 

The Department assumes there would be no fiscal impact to municipalities and counties unless they incur non-compliance fines.  The Department assumes existing fire department staff in each municipality would assume responsibility for reporting Class B foam use, and no new county or local governmental positions for reporting would not be required.

 

It is assumed this bill will not take effect until FY 2021.

 

AGENCIES CONTACTED:

Department of Environmental Services

 

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