CHAPTER 485-F ADMINISTRATION OF THE DRINKING WATER AND GROUNDWATER TRUST FUND
Section 485-F:4
485-F:4 New Hampshire Drinking Water and Groundwater Advisory Commission Established. –
I. There is hereby established the New Hampshire drinking water and groundwater advisory commission which shall consult with and advise the department relative to the proper administration and management of the drinking water and ground water trust fund, as established in RSA 6-D. The commission shall consist of the following members:
(a) The state treasurer, or designee.
(b) Two members of the house of representatives, appointed by the speaker of the house of representatives.
(c) Two members of the senate, appointed by the president of the senate.
(d) The governor, or designee.
(e) The director of the division of public health services, department of health and human services, or designee.
(f) The commissioner of the department of environmental services, or designee.
(g) The director of economic development, department of business and economic affairs, or designee.
(h) The executive director of the fish and game department, or designee.
(i) One representative of the New Hampshire Water Pollution Control Association, appointed by the association.
(j) One representative of the New Hampshire business community, appointed by the president of the senate.
(k) One representative of a state or regional land trust, appointed by the governor.
(l) One representative of the New Hampshire Water Works Association, appointed by the association.
(m) One public member, who shall have business experience related to the creation and/or delivery of clean and safe drinking water, appointed by the speaker of the house of representatives.
(n) One public member, who shall represent the interests of citizens receiving their drinking water from private wells, appointed by the governor.
(o) Two members from a board of selectmen, a town or city council, or a board of alderman, one of whom shall be from a municipality without a public drinking water system, appointed by the governor.
(p) One public member, appointed by the president of the senate.
II. The commission shall elect a chairperson from among the members. Ten members of the commission shall constitute a quorum.
III. Members appointed under subparagraphs (a)-(h) shall serve terms that are coterminous with their term in office.
IV. Except for the members appointed under subparagraphs (a)-(h), members shall be appointed for 2-year staggered terms.
V. Members of the commission shall serve without compensation, except that legislative members shall receive mileage at the legislative rate when attending to the duties of the commission.
VI. The department shall provide an annual report to the commission that includes information on expenditures for the fiscal year, projects begun or completed during the year, and projections on future program costs.
VII. The commission shall:
(a) Award grants, revolving loan funds, and matching funds to projects on a competitive basis from the drinking water and groundwater trust fund in a manner consistent with the purpose statement. All disbursements or grants shall require approval of the governor and council. Funds may be awarded if the project meets one of the following criteria:
(1) Emergency remediation is necessary, where contamination to drinking water or groundwater is prevalent, or to assist with the capital costs of compliance with new or revised maximum contaminant levels or ambient groundwater quality standards.
(2) Planning, design, and building of aging water infrastructure is involved.
(3) The project protects against future contamination or impacted drinking water sources through measures including, but not limited to, the expansion of drinking water infrastructure or drinking water source protection.
(4) The project assists local and regional entities in the development and administration of local wellhead protection programs, including delineation of wellhead protection areas and the inventory and management of activities which have a potential effect on groundwater quality.
(5) The project provides funding through cost-sharing grants to municipalities, municipally-owned water utilities, and privately owned water utilities that are public water systems as defined in RSA 485:1-a, XV for the design, construction, and extension of public water systems, and the establishment and expansion of wellhead protection areas where they provide the most cost effective method for providing safe and clean drinking water.
(b) Take land preservation into consideration.
(c) Encourage all applicants to provide matching funds beyond the minimum.
(d) Develop, for the grant program application requirements, criteria for selection, approval processes, and matching requirements.
(e) Develop, for the revolving loan fund application requirements, provisions for cost sharing, criteria for selection, approval processes, and funding qualifications.
(f) Not be subject to RSA 541-A.
VIII. The commission shall meet at least quarterly. The commission shall, at least annually, provide a report to the general court with information on the progress of the MTBE efforts, expenditures for the year, projects begun or completed during the previous year, the balance in the trust fund, and any other information the commission deems appropriate.
IX. The commission shall, at least annually, review the work and projects funded by the trust fund during the previous year. The commission shall, at least annually, consult with the department regarding these activities, and provide advice and counsel relative to future work and project priorities, as outlined in RSA 485-F:3, I.
X. At least every 5 years, the commission shall prepare and file a report with the general court evaluating the progress made relative to MTBE contamination, the efficiency of the program established under this chapter, and whether it continues to provide the maximum benefit to New Hampshire citizens, and providing any recommendations on potential additional tasks for which the trust fund could be used to improve access to safe and clean drinking water.
Source. 2016, 11:2, eff. Mar. 31, 2016. 2017, 156:208, eff. July 1, 2017. 2018, 258:2-4, eff. Aug. 11, 2018. 2019, 208:3, eff. Oct. 10, 2019.