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HB1618: adding several perfluorinated chemicals to the list of per and polyfluoroalkyl substances with maximum contaminant levels and establishes a cumulative total for the maximum contaminant level of per and polyfluoroalkyl substances.

Bill details

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Topics

Environment and natural resources

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HB 1618-FN - AS INTRODUCED

2022 SESSION

22-2199

08/11

HOUSE BILL 1618-FN

AN ACT adding several perfluorinated chemicals to the list of per and polyfluoroalkyl substances with maximum contaminant levels and establishes a cumulative total for the maximum contaminant level of per and polyfluoroalkyl substances.


ANALYSIS

This bill adds several perfluorinated chemicals to the list of per and polyfluoroalkly substances with maximum contaminant levels and establishes a cumulative total for the maxium contaminant level of per and polyfluoroalkyl substances.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2199

08/11

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT adding several perfluorinated chemicals to the list of per and polyfluoroalkyl substances with maximum contaminant levels and establishes a cumulative total for the maximum contaminant level of per and polyfluoroalkyl substances.

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

1 New Subparagraphs; Perand Polyfluoroalkyl Substances. Amend RSA 485:16-e, I by inserting after subparagraph (d) the following new subparagraphs:

(e) Perfluorobutyrate (PFBA): 7 parts per trillion.

(f) Perfluorobutanesulfonic acid (PFBS): 1000 parts per trillion.

(g) The total contaminant levels of subparagraphs (a) through (f): 20 parts per trillion.

2 Effective Date. This act shall take effect July 1, 2022.

LBA

22-2199

Redraft 12/20/21

HB 1618-FN- FISCAL NOTE

AS INTRODUCED

AN ACT adding several perfluorinated chemicals to the list of per and polyfluoroalkyl substances with maximum contaminant levels and establishes a cumulative total for the maximum contaminant level of per and polyfluoroalkyl substances.

FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

$30,000

$94,000

$94,000

$94,000

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

LOCAL:

Revenue

$0

$0

$0

$0

Expenditures

$0

Between $3,676,000 and $12,441,000

Between

$149,000 and $539,000

Between $149,000 and $539,000

METHODOLOGY:

This bill establishes maximum contaminant levels (MCLs) for perfluorobutyrate, perfluorobutanesulfonic acid, and an aggregate total of all per and polyfluoroalkyl substances (PFAS) under RSA 485:16-e, I(a-f). The Department of Environmental Services evaluated PFAS sampling results from public water systems, landfills, hazardous waste sites, oil and gasoline sites and groundwater discharge sites. This review identified approximately 38 new sites that would exceed the standards proposed by this bill and that are currently meeting existing PFAS MCLs. Of the 38 sites, one (1) is for a municipal water system, three (3) are stand-alone drinking water systems at local/government owned schools, two (2) are waste sites/landfills owned by a municipality, and six (6) are wastewater groundwater discharge sites owned by municipalities. The remaining 26 sites are not associated with a local or county government.

The Department has provided the following cost estimates for local governments relative to complying with the MCL levels set by this bill:

One (1) Municipal Water System

Three (3) Drinking Water Systems at Local Schools

Eight (8) Municipal Landfill/Waste Sites/Wastewater Discharge Sites

Total

FY 2023 - Costs for Initial Installation of Treatment & Sampling Costs

$3,600,000-$12,200,000

$60,000-$225,000 ($20,000 - $75,000 per school)

$16,000 ($2,000 per year per site additional sampling and analysis cost)

$3,676,000 - $12,441,000

FY 2023 and Beyond - Annual Ongoing Sampling, Operation, and Maintenance

$130,000 - $520,000

$3,000 ($1,000 per school)

$149,000 - $539,000

The Department assumes the administration of the proposed MCL and the associated 38 new sites would require new staffing equivalent to a three-quarter (75%) Environmentalist IV position (approximately $94,000 per year in salary and benefits). The Department also estimates it would incur costs of approximately $30,000 in FY2022 to update Waste Division and Water Division rule sets to incorporate the MCL into the programs (bill’s effective date is July 1, 2022).

AGENCIES CONTACTED:

Department of Environmental Services