CHAPTER 209
SB 136 - FINAL VERSION
29may03... 1503h
2003 SESSION
08/10
SENATE BILL 136
This bill extends liability to those who threaten a hazardous materials accident.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
29may03... 1503h
03-1077
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to liability for hazardous materials accidents.
Be it Enacted by the Senate and House of Representatives in General Court convened:
209:1 Liability Concerning Hazardous Materials Accidents. Amend RSA 154:8-a, II-a(a) and (b) to read as follows:
II-a.(a) Any person whose act or omission caused the actual or threatened discharge of hazardous materials or toxic wastes which resulted in the reasonable and proportionate response of police, fire, emergency preparedness, or emergency response equipment shall be responsible for payment of the cost of the equipment use or replacement of the equipment used, if damaged or expended, in containing the hazardous materials or toxic wastes.
(b) Any person whose act or omission caused the actual or threatened discharge of hazardous materials or toxic wastes which resulted in the reasonable and proportionate response of police, fire, emergency preparedness, or emergency response equipment shall be responsible for payment of the personnel costs of police, fire, public safety, and municipal personnel, including mutual aid standby personnel, directly involved in the emergency response, except that costs for on-duty paid personnel who have responded to the emergency involving the discharge of hazardous materials during their assigned duty shift shall not be costs eligible for reimbursement.
209:2 Effective Date. This act shall take effect January 1, 2004.
(Approved: June 30, 2003)
(Effective Date: January 1, 2004)