HB401: relative to approvals under the groundwater protection act.

HB 401 - AS INTRODUCED

2003 SESSION

03-0383

06/10

HOUSE BILL 401

AN ACT relative to approvals under the groundwater protection act.

SPONSORS: Rep. Spang, Straf 72; Rep. Wall, Straf 72; Rep. Musler, Straf 68; Sen. Estabrook, Dist 21; Sen. Green, Dist 6

COMMITTEE: Resources, Recreation and Development

ANALYSIS

I. This bill requires the applicant to submit a final report which includes aquifer testing analysis to the department of environmental services, the municipalities, and each supplier of water within the anticipated zone of contribution. It also provides for a hearing and comment period following receipt of the final report.

II. This bill permits a municipality to establish a large groundwater withdrawal review committee comprised of members from municipalities in the zone of contribution and directs the department to meet with and provide information to the committee. The committee may make recommendations and the department shall explain any decision that is contrary to a recommendation of the committee.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0383

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to approvals under the groundwater protection act.

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

1 Large Groundwater Withdrawals; Final Report Required. RSA 485-C:21, IV is repealed and reenacted to read as follows:

IV. The applicant shall submit a final report to the department which shall include aquifer testing analysis. Copies of the final report shall be forwarded by certified mail by the applicant to the governing bodies of each municipality and each supplier of water within the anticipated zone of contribution to the well.

2 Large Groundwater Withdrawals; Hearing After Final Report Added. RSA 485-C:21, V is repealed and reenacted to read as follows:

V. Following the submission of the final report, the department shall hold a public hearing on the final report in the municipality in which the proposed withdrawal is to be made upon the request of the governing body of any municipality or supplier of water within the anticipated zone of contribution, provided that such a hearing is requested within 15 days of receipt of the final report.

3 Large Groundwater Withdrawals; Public Hearings. RSA 485-C:21, VI is repealed and reenacted to read as follows:

VI. The department shall hold the public hearing within 30 days after the request of the governing body of the municipality or the supplier of water, made pursuant to paragraph III or V. Notice of the hearing shall be made by the applicant and shall be published twice in 2 different weeks, the last publication to be 7 days before the hearing, in one newspaper of general circulation throughout the state and another newspaper of general circulation in the municipality. The notice shall also be posted in 2 public places in the municipality.

4 New Paragraphs; Comment Periods; Appeals; Large Commercial Groundwater Withdrawal Review Committee. Amend RSA 485-C:21 by inserting after paragraph VI the following new paragraphs:

VII. The applicant and the governing body of each municipality and each supplier of water within the anticipated zone of contribution to the well may submit comments to the department relative to the proposed withdrawal within 45 days after the public hearing in the municipality on the application or the final report. If no hearing is requested, comments may be submitted within 45 days after the receipt of the application or final report. If the comments relative to the application or final report make recommendations to the department, the department shall specifically consider such recommendations and shall issue written findings with respect to each issue raised that is contrary to the decision of the department.

VIII. The water council shall hear rehearings and appeals from a decision of the department under this section in accordance with RSA 21-O:14.

IX. A municipality in which a large commercial withdrawal of groundwater is proposed may establish a large groundwater withdrawal review committee to make recommendations to the department concerning the approval of the large groundwater withdrawal.

(a) The members of the committee shall be as follows:

(1) Three members appointed by the governing body of the municipality where the withdrawal is proposed, one of whom shall be a member of the municipality's planning board.

(2) Two members from each of the other municipalities in the zone of contribution, appointed by the governing body of their municipalities, one of whom shall be a member of the municipality's planning board.

(b) The committee shall be formed within 60 days after the municipalities within the anticipated zone of contribution receive the preliminary application from the applicant.

(c) Upon formation, the committee shall notify the department and provide it with the chairperson's contact information.

(d) The department shall provide all information concerning the application for the large commercial groundwater withdrawal to the review committee chairperson and shall meet with the committee within 15 days of receiving a request for a meeting.

(e) The committee may hold one or more public information session regarding the proposed withdrawal.

(f) If a public hearing has been requested under paragraph III or V, the committee shall provide written recommendations to the department within the time limits specified in paragraph VII. If no hearing has been requested, the committee shall provide written recommendations to the department within 90 days after the receipt of the application.

(g) The department shall issue a written report of findings relative to the large commercial groundwater withdrawal review committee's recommendations. The report shall specify the department's response to each of the recommendations and provide an explanation of any decision that is contrary to a recommendation of the committee.

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