Bill Text: NH HB1603 | 2020 | Regular Session | Amended
Bill Title: Establishing the per and polyfluoroalkyl substances contamination remediation and mitigation revolving loan and grant program and fund.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-06-02 - Committee Report: Ought to Pass (Vote 20-0; Consent Calendar) House Calendar 23 P. 5 [HB1603 Detail]
Download: New_Hampshire-2020-HB1603-Amended.html
HB 1603-FN - AS AMENDED BY THE HOUSE
19Feb2020... 0232h
2020 SESSION
20-2224
08/04
HOUSE BILL 1603-FN
SPONSORS: Rep. Cushing, Rock. 21; Rep. Murphy, Hills. 21; Rep. Edgar, Rock. 21; Rep. Meuse, Rock. 29; Rep. Rung, Hills. 21; Sen. Fuller Clark, Dist 21
COMMITTEE: Resources, Recreation and Development
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AMENDED ANALYSIS
This bill establishes the per and polyfluoroalkyl substances contamination remediation and mitigation revolving loan and grant program and fund.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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... 0232h
20-2224
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Per and PolyFluoroalkyl Substances (PFAS) Contamination Remediation and Mitigation Program. Amend RSA by inserting after chapter 485-G the following new chapter:
CHAPTER 485-H
PER AND POLYFLUOROALKYL SUBSTANCES CONTAMINATION REMEDIATION
AND MITIGATION PROGRAM
485-H:1 Per and Polyfluoroalkyl Substances Contamination Remediation and Mitigation Program and Fund. There is hereby established the per and polyfluoroalkyl substances (PFAS) contamination remediation and mitigation program and fund. Any moneys the state receives from lawsuits or settlements and other funding sources related to PFAS contamination shall be deposited in the PFAS fund. Moneys in this fund shall be nonlapsing and continually appropriated to the department of environmental services for assisting municipalities, community water systems as defined in RSA 485:1-a, and members of the public whose water exceeds the maximum contaminant levels for PFAS as set by the department of environmental services, through the issuing of loans and grants.
485-H:2 Per and Polyfluoroalkyl Substances Contamination Remediation and Mitigation Revolving Loan and Grant Funds.
I.(a) The PFAS contamination remediation and mitigation revolving loan and grant funds shall be administered by the commissioner of the department of environmental services under rules adopted pursuant to RSA 541-A.
(b) A sum equal to 2 percent of all loan principal balances outstanding each year, which shall be an administrative charge, shall be set aside to be used by the department of environmental services to pay the costs of administering the state PFAS contamination remediation and mitigation loan and grant funds.
II. It is the intent of the general court that many projects be considered for inclusion in the PFAS contamination remediation and mitigation revolving loan fund and grant program. Projects addressing the greatest contamination for drinking water systems or private wells that serve the greatest number of people shall be given priority in the awarding of loans and grants.
III. Any borrowing by a municipality from the loan fund or grant funded moneys shall be governed by the applicable provisions of RSA 33, provided that the first principal payment on any loan and the first of the annual payments required under RSA 33:2 may be deferred up to one year after the estimated or actual completion date of the project being financed by the loan, and provided further that no authenticating certificate shall be required under RSA 33:11(b).
485-H:3 Per and Polyfluoroalkyl Substances Contamination Remediation and Mitigation Program Fund Established. There is hereby established the per and polyfluoroalkyl substances (PFAS) contamination remediation and mitigation program fund which shall be kept distinct and separate from all other funds. The PFAS contamination remediation and mitigation program fund shall be used to fund loans and grants through the PFAS remediation program. The moneys in the fund shall be nonlapsing.
2 New Subparagraph; Special Fund. Amend RSA 6:12, I by inserting after subparagraph (358) the following new subparagraph:
(359) Moneys received under RSA 486:15, which shall be credited to the per and polyfluoroalkyl substances contamination remediation and mitigation program fund established in RSA 485-H:3.
3 Effective Date. This act shall take effect July 1, 2021.
20-2224
Revised 12/16/19
HB 1603-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - PFAS Fund | |||
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LOCAL: |
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Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | $0 | $0 | $0 |
METHODOLOGY:
This bill establishes the per and polyfluoroalkyl substances (PFAS) contamination and remediation and mitigation revolving loan program and fund using proceeds received by the State from the State's lawsuits or settlements with manufacturers of products containing PFAS.
The nonlapsing, continually appropriated fund would be used by the Department of Environmental Services to assist municipalities and members of the public harmed by the presence of PFAS in air, soil or water through the issuing of loans. The Department would administer the program pursuant to rules adopted under RSA 541-A. The Department indicates the impacts on state and municipal revenues and state expenditures are indeterminable as proceeds from any lawsuits or settlements cannot be estimated and state expenditures and local revenue would be limited to such proceeds. There would be no impact on county revenue or expenditures.
The Department of Justice indicates it would be able to administer the additional tasks resulting from this bill within its existing budget.
AGENCIES CONTACTED:
Departments of Justice and Environmental Services
