HB 1185 - VERSION ADOPTED BY BOTH BODIES

 

10Mar2022... 0583h

05/05/2022   1916s

2022 SESSION

22-2421

08/11

 

HOUSE BILL 1185

 

AN ACT relative to treatment of water contaminated with perfluorinated chemicals.  

 

SPONSORS: Rep. Rung, Hills. 21; Rep. Chretien, Hills. 42; Rep. Cohen, Hills. 28; Rep. Healey, Hills. 21; Rep. Mooney, Hills. 21; Rep. Meuse, Rock. 29; Rep. Weston, Graf. 8; Rep. B. Boyd, Hills. 21

 

COMMITTEE: Resources, Recreation and Development

 

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ANALYSIS

 

This bill enables wastewater treatment plants to require providers of discharge to test such discharge for PFAS.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10Mar2022... 0583h

05/05/2022   1916s 22-2421

08/11

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to treatment of water contaminated with perfluorinated chemicals.  

 

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

 

1  Statement of Findings and Purpose.  The general court hereby finds that:

I. Per fluorinated chemicals (PFAS) are widely used, long lasting chemicals, components of which break down very slowly over time.

II. Because of their widespread use and their persistence in the environment, many PFAS are found in the blood of people and animals all over the world and are present at low levels in a variety of food products and in the environment.

III. Scientific studies have shown that exposure to some PFAS in the environment may be linked to harmful health effects in humans and animals.

IV. The state of New Hampshire has regulated the amount of PFAS that may be present in drinking water.

V. Identification of the source of PFAS is critical to prevent continued exposure by New Hampshire’s citizens.

VI. It is unknown how many and which industrial and commercial processes use PFAS.

VII. Enhancing the knowledge of where PFAS enters the water cycle will enable New Hampshire to prevent future and continued exposure.

VIII. It is necessary to statutorily clarify that wastewater treatment plants have the authority to require producers of discharge to their plants to sample for PFAS.

2  New Section; Wastewater Treatment Plant; PFAS Testing.  Amend RSA 485-A by inserting after section 5-d the following new section:

485-A:5-e  Wastewater Treatment Plant; Per fluorinated Chemical (PFAS) Testing.

I.  A wastewater treatment plant may require any industrial or commercial facilities or septic haulers of industrial or commercial waste contributing discharge to its plant to test such discharge to determine the level of PFAS in the discharge.  A wastewater treatment plant that makes this requirement shall notify any industrial or commercial facilities or septic haulers of industrial or commercial waste contributing discharge to its plant in writing of such testing requirements including:

(a)  Identification of potential sources of PFAS using safety data sheets or other specification sheets.

(b)  Sample test result of the discharge measuring levels of PFAS in the discharge provided to the wastewater treatment plant.

(c)  Submission of an annual report to the municipality in which the wastewater treatment plant containing a list of the test results.

II.  An industrial or commercial facility or septic hauler of industrial or commercial waste that receives a notification from a wastewater treatment plant under paragraph I shall have 90 days from the receipt of such notification to comply with the testing requirements.  

III.  A wastewater treatment plant may refuse discharge from an industrial or commercial facility or septic hauler of industrial or commercial waste that has reported a level of PFAS in its discharge above the level the wastewater treatment plant determines to be acceptable.  

IV.  In accordance with RSA 485-A:5-b, each municipality shall enter into an agreement to assure access to an approved septage facility for the disposal of domestic septage.  Such agreements shall ensure that domestic septage has an outlet approved by the municipality.  Municipalities may enter into agreements with other municipalities to assure access to an approved septage facility if such municipalities do not have a wastewater treatment facility.

V.  Wastewater treatment facilities may collect samples for PFAS analysis from septage loads originating from residential sources.  Non-residential septage loads from commercial or industrial sources shall have prior approval by the municipality before discharging to a wastewater treatment facility.

3  Effective Date.  This act shall take effect upon its passage.