reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-H - Per and Polyfluoroalkyl Substances (Pfas) Fund and Programs › Section 485-H:8 - Duties of the Department.

485-H:8 Duties of the Department. –
I. The department shall perform the following duties to the limit of available funding:
(a) Establishing and administrating the PFAS remediation loan and grant program to assist municipalities; community and non-profit, non-transient non-community water systems; and publicly owned and non-profit wastewater treatment facilities with the cost of complying with PFAS drinking water standards or other applicable PFAS standards.
(b) Establishing and administering a loan forgiveness program to assist disadvantaged communities with loan repayment.
(c) Awarding loan funds to projects that meet the provisions of this chapter including the following criteria:
(1) The project is or was necessary to comply with a PFAS drinking water standard or other applicable PFAS standard and the applicant for funding is a municipality, a community water system, or a non-profit, non-transient public water system, or a publicly-owned or non-profit wastewater and/or wastewater residual treatment or storage facility.
(2) The applicant has demonstrated, to the satisfaction of the department, that the project is the most cost-effective way to meet PFAS drinking water standards and other applicable PFAS standards.
(d) Awarding reimbursements to projects from the fund in a manner consistent with this chapter.
(e) Investigating, testing, and monitoring PFAS in soil, groundwater, surface water, wastewater, air, biota, and other media.
(f) Conducting scientific investigation to support development of appropriate regulatory standards for PFAS, and development and implementation of treatment and remediation methods for PFAS in air, water, soil and other media.
II. Every year beginning December 1, 2020, the department shall prepare and file a report with the general court evaluating the progress made relative to PFAS 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 fund could be used to address PFAS contamination.
Source.
2020, 30:4, eff. July 23, 2020. 2021, 223:8, eff. Aug. 24, 2021. 2023, 79:361, eff. June 20, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-H - Per and Polyfluoroalkyl Substances (Pfas) Fund and Programs › Section 485-H:9 - Rules.

485-H:9 Rules. –
The department shall adopt rules, under RSA 541-A, relative to administering this chapter.
Source.
2020, 30:4, eff. July 23, 2020. 2021, 223:8, eff. Aug. 24, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-H - Per and Polyfluoroalkyl Substances (Pfas) Fund and Programs › Section 485-H:10 - PFAS Response Fund Established.

485-H:10 PFAS Response Fund Established. –
There is hereby established in the department the PFAS response fund which shall be maintained as distinct and separate from all other funds. The PFAS response fund shall be invested in accordance with RSA 6:8. Any earnings on PFAS response fund moneys shall be added to the PFAS response fund. All moneys in the PFAS response fund shall be non-lapsing and shall be continually appropriated to the department. The PFAS response fund shall be used to fund departmental duties as outlined in RSA 485-H:8, including loans, grants, and reimbursements in accordance with this chapter. Funds from any bond proceeds, grants, loan repayments, legislative appropriations, donations, and other funds related to the PFAS response fund shall be credited to the PFAS response fund.
Source.
2020, 30:4, eff. July 23, 2020. 2021, 223:8, eff. Aug. 24, 2021. 2023, 79:362, eff. June 20, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-H - Per and Polyfluoroalkyl Substances (Pfas) Fund and Programs › Section 485-H:11 - Grants.

485-H:11 Grants. –
I. The department, to the limit of the funds appropriated to the department for this purpose through the actions of the fiscal committee established under RSA 14:30-a or by the general court, shall provide grants to entities meeting the eligibility requirements of RSA 485-H:3 and RSA 485-H:4 for up to the greater of $1,500,000 or 30 percent of the total eligible cost of the project or as provided for in rebate programs established by the department under RSA 485-H:3, II-a.
II. In no instance shall the grant exceed the total eligible costs.
III. In no instance shall the sum of all department administered funding of the project, to include loans and grants, exceed the total eligible costs.
IV. If department administered funding had been secured prior to this grant being available, such that the addition of the grant would cause the sum of the funding to exceed the total eligible costs, then the department administered loan amounts shall be reduced on a prorated basis to the extent required to bring the sum of the funding equal to total eligible costs.
Source.
2021, 223:9, eff. Aug. 24, 2021. 2022, 326:8, eff. July 8, 2022.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-H - Per and Polyfluoroalkyl Substances (Pfas) Fund and Programs › Section 485-H:12 - Statute of Limitations; Civil Actions; PFAS Exposure.

485-H:12 Statute of Limitations;  Civil Actions;  PFAS Exposure. –
A civil action arising out of any harm or injury caused by a person or entity found legally responsible for or an action for any damages resulting from a PFAS exposure may be brought within the 6 years after the date the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, such harm, injury, or damages and the causal relationship of an act or omission to such harm, injury or damages. Nothing in this section shall be construed as limiting any action brought by the state.
Source.
2021, 133:1, eff. Sept. 21, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-H - Per and Polyfluoroalkyl Substances (Pfas) Fund and Programs › Section 485-H:13 - PFAS Rulemaking and Soil Remediation Standards.

485-H:13 PFAS Rulemaking and Soil Remediation Standards. –
By November 1, 2023, the commissioner shall initiate rulemaking in accordance with RSA 541-A to adopt rules specific to the application of RSA 485, RSA 485-C, RSA 147-A, and RSA 147-B to PFAS contamination and may update such rules thereafter. Such rules shall include soil remediation standards for perfluorooctanoic acid (PFOA), perfluoroctanesulfonic acid (PFOS), perfluorononanoic acid (PFNA), and perfluorohexanesulfonic acid (PFHxS). Such rules may include a requirement for testing for PFAS other than those for which the state currently has an AGQS.
Source.
2022, 326:1, eff. July 8, 2022.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-I - Coastal Program and Fund › Section 485-I:1 - Statement of Policy.

485-I:1 Statement of Policy. –
The water and related land resources of New Hampshire's coastal and estuarine environments have significant ecological, commercial, cultural, and recreational values for the state and its citizens. Therefore, it is the policy of the state to ensure the continued viability and improved resiliency of these environments and communities in which they are located as valued ecologic, economic, public health and safety, and social assets for the benefit of current and future generations.
Source.
2021, 208:2, Pt. I, Sec. 1, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-I - Coastal Program and Fund › Section 485-I:2 - Program Established.

485-I:2 Program Established. –
There is established within the department of environmental services the New Hampshire coastal program to implement 16 U.S.C. section 1452, the Coastal Zone Management Act. It is the intent of the state to encourage and assist state and federal agencies and coastal zone municipalities in the sustainable use of the land and water resources of the coastal zone giving full consideration to ecological, cultural, historic, and esthetic values as well as the needs for compatible economic development. The coastal program should encourage and assist to support:
I. The protection of natural resources, including wetlands, floodplains, coastal and estuarine waters, beaches, sand dunes, and fish and wildlife and their habitat within the coastal zone.
II. The management of coastal development to minimize the loss of life and property caused by improper development in flood-prone, storm surge, geological hazard, and erosion-prone areas and in areas likely to be affected by or vulnerable to sea level rise, ground water rise, and saltwater intrusion, and by the destruction of natural protective features such as beaches, sand dunes, and wetlands.
III. The management of coastal development to improve, safeguard, and restore the quality of coastal waters, and to protect natural resources and existing uses of those waters.
IV. Public access to the coasts for recreation purposes.
V. The redevelopment of deteriorating urban waterfronts and ports, and sensitive preservation and restoration of historic, cultural, and esthetic coastal features.
VI. The coordination and simplification of procedures in order to ensure expedited governmental decision making for the management of coastal resources.
VII. Continued consultation and coordination with, and the giving of adequate consideration to the views of affected state and federal agencies.
VIII. The giving of timely and effective notification of, and opportunities for, public and local government participation in coastal management decision making.
IX. Comprehensive planning, conservation, and management for living marine resources, including planning for the siting of pollution control and aquaculture facilities within the coastal zone, and improved coordination between state and federal coastal zone management agencies and state and wildlife agencies.
X. The study and development of plans for addressing the adverse effects upon the coastal zone in accordance with the updating of storm surge, sea-level rise, precipitation and other relevant projections recommending in the coastal risks and hazards commission 2014 report "Sea-Level Rise, Storm Surges, and Extreme Precipitation in Coastal New Hampshire: Analysis of Past and Projected Trends" in RSA 483-B:22, I.
Source.
2021, 208:2, Pt. I, Sec. 1, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-I - Coastal Program and Fund › Section 485-I:3 - Federal Consistency.

485-I:3 Federal Consistency. –
The coastal program established under this chapter shall be the entity charged with implementing 16 U.S.C section 1456 and 15 C.F.R. Part 930.
Source.
2021, 208:2, Pt. I, Sec. 1, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-I - Coastal Program and Fund › Section 485-I:4 - Coastal Fund.

485-I:4 Coastal Fund. –
I. There is hereby established in the state treasury the coastal fund which shall be kept distinct and separate from all other funds. All moneys in the fund shall be nonlapsing and continually appropriated to the department of environmental services for the purposes of this chapter.
II. The commissioner may apply for and accept, from any source, gifts; donations of money; grants; federal, local, private, and other matching funds and incentives; and interests in land for the purposes of this chapter. The moneys collected under this paragraph shall be deposited in the fund established under paragraph I.
III. All moneys collected by the state to mitigate impacts to wildlife, natural resources, ecosystems, and traditional or existing water-dependent uses, including but not limited to commercial and recreational fishing, including aquaculture, and transit lanes, shall be deposited in the fund established under paragraph I.
IV. There is hereby established an agency advisory board to advise the department of environmental services on the distribution moneys from the coastal fund. Members of the advisory board shall include:
(a) The commissioner of the department of environmental services, or designee;
(b) The commissioner of the department of transportation, or designee;
(c) The executive director of the fish and game department, or designee;
(d) The commissioner of the department of energy, or designee;
(e) The commissioner of the department of natural and cultural resources, or designee;
(f) The director of New Hampshire homeland security and management, or designee; and
(g) The commissioner of the department of business and economic affairs, or designee.
V. The department of environmental services may collect a reasonable administrative charge, not to exceed 10 percent, on moneys in the fund appropriated to the department to ensure their proper oversight and administration.
Source.
2021, 208:2, Pt. I, Sec. 1, eff. July 1, 2021. 2022, 130:2, eff. July 26, 2022.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-I - Coastal Program and Fund › Section 485-I:5 - Geographic Location Description.

485-I:5 Geographic Location Description. –
I. The coastal program shall develop and seek approval from the National Oceanic and Atmospheric Administration (NOAA) for a geographic location description (GLD), as described in 15 C.F.R. 930.53, for certain activities in federal waters, including but not limited to the development of offshore wind energy in the Gulf of Maine, deemed to have reasonably foreseeable effects on New Hampshire's coastal resources and/or uses.
II. The coastal program shall conduct an effects analysis as described in 15 C.F.R. 923.84(d), to identify:
(a) The affected uses, such as:
(1) Commercial and recreational fishing and associated infrastructure, boating, tourism, shipping, and energy facilities; and
(2) Affected resources, such as fish, marine mammals, reptiles, birds, habitats, and landmarks.
(b) Where and in what densities the resources and uses are found.
(c) How the state has a specific interest in the resources or uses.
(d) Where the proposed activity overlaps with the resources and uses.
(e) Impacts to the resources or uses from the proposed activity.
(f) A reasonable showing of a causal connection to the proposed activity, including how the impacts from the activity results in reasonably foreseeable effects on the state's coastal resources or uses.
(g) Why any required mitigation may be inadequate.
(h) Empirical data and information that supports the effects analysis and can be shown to be reliable, visualizes the affected areas, resources and use with maps, and shows values, trends, and vulnerabilities.
III. The coastal program and fish and game department shall collaborate as necessary with New Hampshire Sea Grant, and other stakeholders, to develop a GLD, and to identify the partners, including New Hampshire's commercial and recreational fishing community, and resources needed to develop the GLD.
Source.
2022, 130:3, eff. July 26, 2022.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-I - Coastal Program and Fund › Section 485-I:6 - Additional Studies or Mitigation.

485-I:6 Additional Studies or Mitigation. –
I. For the purposes of this section, "mitigation" means actions or impact fees relative to coastal resources or uses, including wildlife, natural resources, ecosystems, and traditional or existing water dependent uses, including but not limited to, commercial and recreational fishing, including aquaculture, and transit lanes that cannot be avoided or minimized.
II. The coastal program in coordination with the fish and game department and other relevant state agencies shall determine, in consultation with the impacted communities, whether additional studies and/or mitigation are required under proposals for offshore wind development in the Gulf of Maine. Any required studies or mitigation shall be included in agreements with developers of offshore wind energy in the Gulf of Maine and the power purchase agreements for Gulf of Maine renewable energy resources.
Source.
2022, 130:3, eff. July 26, 2022.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486 - Aid to Municipalities for Water Pollution Control › Section 486:1-a - Definitions.

486:1-a Definitions. –
In this chapter:
I. "Commissioner" means the commissioner of the department of environmental services.
II. "Department" means the department of environmental services.
Source.
1996, 228:92, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486 - Aid to Municipalities for Water Pollution Control › Section 486:2 - Repealed by 2007, 138:6, III, eff. Aug. 17, 2007.

486:2 Repealed by 2007, 138:6, III, eff. Aug. 17, 2007. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486 - Aid to Municipalities for Water Pollution Control › Section 486:5 - Equitable Allocation of Costs.

486:5 Equitable Allocation of Costs. –
Notwithstanding any other provision of this chapter, the department shall not approve any contribution under RSA 486:1 unless it shall first have determined that the applicant:
I. Has adopted or will adopt a system of charges to assure that each recipient of waste treatment services within the applicant's jurisdiction, as determined by the department, will pay his proportionate share of the costs of operation and maintenance (including replacement) of waste treatment services provided by the applicant.
II. Has made provision for the payment to such applicant by the industrial users of the treatment works, of that portion of the cost of construction of such treatment works (as determined by the department) which is allocable to the treatment of such industrial wastes to the extent attributable to the federal share of the cost of construction.
III. Has legal, institutional, managerial, and financial capability to insure adequate construction, operation, and maintenance of treatment works throughout the applicant's jurisdiction.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486 - Aid to Municipalities for Water Pollution Control › Section 486:6 - Retention of Funds.

486:6 Retention of Funds. –
I. The grantee shall retain an amount of the revenues derived from the payment of costs by industrial users of waste treatment services, to the extent costs are attributable to the federal share of eligible project costs provided pursuant to this chapter as determined by the department, equal to:
(a) The amount of the nonfederal cost of the project paid by the grantee; plus
(b) The amount determined in accordance with rules adopted by the commissioner, pursuant to RSA 541-A, which is necessary for future expansion and reconstruction of the project, except that the retained amount shall not exceed 50 percent of the revenues from the project.
II. That portion of revenues retained by the grantee attributable to paragraph I(b), together with any interest on that portion, shall be used solely for the purposes of future construction, expansion, and reconstruction of any treatment works within the grantee's jurisdiction.
Source.
1989, 339:1. 1996, 228:106, 110, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486 - Aid to Municipalities for Water Pollution Control › Section 486:7 - Application for Funding.

486:7 Application for Funding. –
Application for payments under the provisions of this chapter shall be made in accordance with rules adopted by the department under RSA 541-A, and shall be based upon reports filed with the department prior to January 31 in the calendar year for which payment is being requested. Final applications must be received within one year of final completion of project to be eligible for funding.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996. 2023, 79:30, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486 - Aid to Municipalities for Water Pollution Control › Section 486:8 - Application Agreement.

486:8 Application Agreement. –
Applications for state grants under this chapter shall contain an agreement that the applicant has installed the pollution control facilities in accordance with the plans and specifications approved by the department and will provide proper and efficient operation and maintenance of said facilities; that failure to install the facilities in accordance with said approved plans and specifications or to provide proper and efficient operation and maintenance of such facilities shall result in loss of payments of the annual grant installment next following such failure. Said loss of payment of the annual grant installment shall continue in effect until such time as the applicant has completed the steps necessary to install the control facilities in accordance with plans and specifications approved by the department or made provisions for proper and efficient operation and maintenance of said facilities in accordance with department instructions, or both.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486 - Aid to Municipalities for Water Pollution Control › Section 486:9 - Operator Certification.

486:9 Operator Certification. –
The operators of pollution control facilities shall be certified as to their qualifications and ability to operate said facilities in accordance with rules adopted by the commissioner under RSA 541-A.
Source.
1989, 339:1. 1996, 228:110, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486 - Aid to Municipalities for Water Pollution Control › Section 486:10 - Rulemaking.

486:10 Rulemaking. –
The commissioner may adopt rules under RSA 541-A relative to treatment of wastes by or from industrial and nonindustrial recipients of waste treatment services to establish:
I. Classes of users of such services, including categories of industrial users.
II. Criteria against which to determine the adequacy of charges imposed on classes and categories of users reflecting all factors that influence the cost of waste treatment, including strength, volume, and delivery flow rate characteristics of waste.
III. Certification criteria for pollution control facilities operators.
Source.
1989, 339:1. 1996, 228:110. 2007, 138:5, eff. Aug. 17, 2007.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486 - Aid to Municipalities for Water Pollution Control › Section 486:11 - Adoption of Federal Regulation.

486:11 Adoption of Federal Regulation. –
The commissioner may adopt as state rules under RSA 541-A any federal regulations or guidelines issued by the administrator of the United States Environmental Protection Agency which are consistent with this chapter.
Source.
1989, 339:1. 1996, 228:110, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486 - Aid to Municipalities for Water Pollution Control › Section 486:12 - Action by Attorney General.

486:12 Action by Attorney General. –
If the commissioner determines, following public hearing, that any industrial user of a treatment works subject to this chapter has failed, in whole or in part, to reimburse the owner of the treatment works as provided in this chapter, and that the owner either has failed to take available legal recourse to compel compliance, or is incapable of doing so, then the commissioner may request the attorney general to institute appropriate legal action against such user in the name of the state and the owner of the treatment works.
Source.
1989, 339:1. 1996, 228:110, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486 - Aid to Municipalities for Water Pollution Control › Section 486:13 - Disposal of Septage.

486:13 Disposal of Septage. –
To insure the efficient collection and disposal of material pumped from or otherwise removed from septic tanks or other sewage storage facilities, referred to in this section as "septage," the department is authorized and directed to require the installation and operation of a septage reception and treatment facility in conjunction with any pollution abatement project for which state or federal aid is allocated pursuant to the provisions of RSA 486 and PL 92-500 (or subsequent amendments thereto), respectively. The incorporation of septage reception and treatment facilities as provided in this section shall not be applied retroactively but rather shall apply to projects constructed after January 1, 1990. The department is further authorized to review and approve proposed charges to be levied by municipalities for said reception and treatment of septage. The purpose of such review is to assure that the proposed service charges are equitable to all parties concerned and in no case shall municipalities be required to provide service at a financial loss. Additionally, municipalities shall not be required to receive and treat septage in such amount or at such times as would interfere with proper operation of municipal treatment and disposal facilities. Nothing contained in this section shall be construed to limit or modify in any way the authority conferred upon the department of health and human services under the provisions of RSA 147, in connection with public dumping facilities or removal, transportation and disposal of putrescible material.
Source.
1989, 339:1. 1995, 310:181. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486 - Aid to Municipalities for Water Pollution Control › Section 486:14 - State Water Pollution Control and Drinking Water Revolving Loan Funds.

486:14 State Water Pollution Control and Drinking Water Revolving Loan Funds. –
I. (a) Authority is granted for the state of New Hampshire to participate in the federally funded state water pollution control and drinking water revolving loan funds or grants as may be provided under the Clean Water Act, the Safe Drinking Water Act, or related federal legislation as amended from time to time. The loan funds shall be administered by the commissioner of the department of environmental services under rules adopted by the commissioner under the provisions of RSA 541-A.
(b) A sum equal to 2 percent of all loan principal balances outstanding each year, which shall be an administrative charge, shall be set aside to be used by the department of environmental services to pay the costs of administering the state water pollution control and drinking water revolving loan funds. The funds set aside shall be deposited in nonlapsing water pollution control and drinking water loan administration funds and shall be continually appropriated to the department exclusively for the purposes of this section. If the sum of the administrative charge plus interest charge as established by rules of the department of environmental services based on market rates is less than 2 percent for a loan, then the administrative charge shall be equal to this sum and no interest charge shall be assessed on the loan.
(c) The department of environmental services is authorized to review projects funded from the state water pollution and drinking water revolving loan funds for impacts on the human and natural environment similar in intent to the steps described in 40 C.F.R. part 6, sections 506 and 508 through 511, pursuant to rules adopted by the commissioner of the department of environmental services under RSA 541-A.
(d) [Repealed.]
II. It is the intent of the general court that many projects be considered for inclusion in the state water pollution control revolving loan fund program. The following projects shall be given first consideration for inclusion:
(a) Manchester sewage treatment plant expansion.
(b) Exeter sewage treatment plant.
(c) Monroe sewage treatment plant.
III. Any borrowing by a municipality from the loan fund or grant funded monies shall be governed by the applicable provisions of RSA 33, provided that the first principal payment on any loan and the first of the annual payments required under RSA 33:2 may be deferred up to one year after the estimated or actual completion date of the project being financed by the loan, and provided further that no authenticating certificate shall be required under RSA 33:11.
Source.
1989, 339:1. 1996, 224:4. 2002, 251:1, I. 2009, 144:42. 2010, 151:2, eff. Aug. 13, 2010; 295:14, eff. Aug. 13, 2010 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486-A - Aid to Public Water Systems › Section 486-A:1 - Purpose.

486-A:1 Purpose. –
The purpose of this chapter is to provide a state contribution to aid all public water systems in achieving compliance with the requirements of the surface water treatment rules of the federal Safe Drinking Water Act, to provide a state contribution to aid public water systems in the formation or improvement of regional water systems that provide a benefit to public health, safety, and economic well-being, to provide a state contribution to aid public water systems in the evaluation of the groundwater contributing area of public wells that have recorded levels of chemical contaminants, excluding MTBE, and to protect sources of public drinking water that serve community or non-transient non-community water systems and associated natural resources through the acquisition of land or conservation easements within source water protection areas.
Source.
1993, 341:1. 2000, 310:1. 2003, 178:1, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486-A - Aid to Public Water Systems › Section 486-A:3 - State Contribution; Surface Water Treatment Costs; Water Supply Land Protection Costs; Regional Water System Costs.

486-A:3 State Contribution;  Surface Water Treatment Costs;  Water Supply Land Protection Costs;  Regional Water System Costs. –
I. (a) Any public water system which is or was required, beginning in 1986, to achieve compliance with the surface water treatment rules of the EPA or the rules of the New Hampshire department of environmental services adopted to implement the federal Safe Drinking Water Act amendments of 1986 shall be eligible for a state contribution. As its contribution, the state shall pay 20 percent of the annual amortization charges, meaning the principal and interest, on the eligible surface water treatment costs resulting from the construction of new wells or a filtration system to meet the requirements of the surface water treatment rules.
(b) To be eligible under RSA 486-A:3, I(a), construction shall be necessary in order for the public water system to comply with the surface water treatment rules of the department or the EPA, or both. Plans for construction shall be approved in accordance with the provisions of RSA 485:8.
II. The state may pay up to 25 percent of the eligible water supply land protection costs.
III. Any public water system which incurs eligible regional water system costs or eligible evaluation of contributing area of groundwaters contribution to public wells that have recorded levels of chemical contaminants costs, excluding MTBE, after the effective date of this paragraph shall be eligible for a state contribution in accordance with the provisions of this chapter. As its contribution, the state shall pay 25 percent of the annual amortization charges, meaning the principal and interest, on the bonded eligible regional water system costs, or 25 percent of non-bonded, eligible regional water system costs. Plans for construction shall be approved in accordance with the provisions of RSA 485:8.
Source.
1993, 341:1. 1996, 228:106. 2000, 310:1. 2003, 178:5, 6, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486-A - Aid to Public Water Systems › Section 486-A:4 - Additional State Contribution.

486-A:4 Additional State Contribution. –
I. In addition to any other state contribution provided in this chapter, the commissioner of the department, with the approval from the governor and council, may, upon review of plans submitted by a public water system and within the limits of available appropriations, pay 10 percent of the annual amortization charges, meaning principal and interest, on the eligible surface water treatment costs resulting from the installation and construction of water supply facilities required by the surface water treatment rules of the Safe Drinking Water Act.
II. This additional contribution may be provided when such installation or construction will result in user fees that are 20 percent above the statewide average for residential customers.
Source.
1993, 341:1. 2000, 310:1, eff. June 21, 2000.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486-A - Aid to Public Water Systems › Section 486-A:5 - Equitable Allocation of Costs.

486-A:5 Equitable Allocation of Costs. –
The department shall not approve any contribution for surface water treatment or for the formation or improvement of a regional water system or for evaluation of contribution of groundwaters to public wells that have record levels of chemical contaminants, excluding MTBE under this chapter unless it shall first have determined that the applicant:
I. Has adopted or will adopt a system of charges to assure that each recipient of water service within the applicant's jurisdiction, as determined by the department, will pay its proportionate share of the costs of operation and maintenance, including replacement, of water services provided by the applicant. For a regional water system project, the department must also determine that each public water system that is to make payments to the applicant for water service provided through area regional water system interconnection has adopted or will adopt a system of charges to assure that each recipient of water service within the public water system will pay its proportionate share of the such payments.
II. Has legal, institutional, managerial, and financial capability to ensure adequate construction, operation, and maintenance of water works throughout the applicant's jurisdiction.
Source.
1993, 341:1. 1996, 228:106. 2000, 310:1. 2003, 178:7, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486-A - Aid to Public Water Systems › Section 486-A:6 - Application for Funding.

486-A:6 Application for Funding. –
Application for payments under the provisions of this chapter shall be made in accordance with rules adopted by the commissioner under RSA 541-A, and, for surface water treatment projects and regional water system projects and evaluation of groundwaters contributing area of public wells, shall be based upon reports filed with the commissioner prior to January 31, in the calendar year for which payment is being requested.
Source.
1993, 341:1. 1996, 228:110. 2000, 310:1. 2003, 178:8, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486-A - Aid to Public Water Systems › Section 486-A:7 - Applicant Agreement.

486-A:7 Applicant Agreement. –
I. Applications for state grants for surface water treatment and for regional water systems and evaluation of groundwaters contributing area of public wells with recorded levels of chemical contaminants shall contain an agreement that the applicant:
(a) Has installed or will install the water works facilities in accordance with the plans and specifications approved by the department;
(b) Will provide proper and efficient operation and maintenance of facilities;
(c) Agrees that failure to install the facilities in accordance with the approved plans and specifications or to provide proper and efficient operation and maintenance of such facilities shall result in loss of payments of the annual grant installment next following such failure. The loss of payment of the annual grant installment shall continue in effect until such time as the applicant has completed the steps necessary to install the facilities in accordance with plans and specifications approved by the department, or made provisions for proper and efficient operation and maintenance of the facilities in accordance with department instructions or both;
(d) For a grant to aid in the development of a regional water system and evaluation of groundwaters contributing area of public wells with recorded levels of chemical contaminants, agrees to participate in regional and statewide water supply planning initiatives and to consider the results of such initiatives for purposes of long-term water supply planning and infrastructure development.
II. Applications for water supply land protection grants shall contain a statement that the applicant shall comply with the following conditions:
(a) The applicant shall purchase the land or conservation easement from a willing seller, and the purchase shall include only land within the source water protection area of an active or proposed public drinking water source supplying a community or non-transient non-community water system or only small portions of land beyond the source water protection area under circumstances which make subdivision impractical;
(b) The land or conservation easement shall be owned, in perpetuity, by a water supply land protection grantee;
(c) The land shall be maintained in perpetuity to protect the drinking water source and no land use or development shall occur that would diminish the quantity or quality of the drinking water;
(d) The land, if purchased in fee simple, shall not be posted to prohibit hiking, hunting, and fishing, unless the department deems such posting necessary to protect the associated water supply or other natural resources;
(e) The applicant shall provide required stewardship and submit annual stewardship reports to the department.
Source.
1993, 341:1. 1996, 228:106. 2000, 310:1. 2003, 178:9, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486-A - Aid to Public Water Systems › Section 486-A:8 - Priority of Applications.

486-A:8 Priority of Applications. –
I. For surface water treatment projects, the department shall establish and maintain a priority list of projects eligible to receive grants under RSA 486-A:3. The priority list shall include the highest priority projects ready for construction and anticipated to receive grants from appropriated funds within the next fiscal year. The list required by this section shall not be considered rules subject to the provisions of RSA 541-A.
II. For water supply land protection projects, the department shall prioritize projects in accordance with rules established under RSA 486-A:11. Prioritization factors shall include, but not be limited to:
(a) Distance from and relation to the drinking water source.
(b) Size of the area proposed for protection relative to the size of the source water protection area.
(c) Natural resource values, including wetlands, habitat protection, and recreational uses.
(d) Current protection status of the source water protection area.
(e) Ability of the applicant to pay for water supply land protection.
III. For regional water system projects and evaluation of groundwaters contributing area of public wells with recorded levels of chemical contaminants, the department shall adopt prioritization factors by rule under RSA 541-A, to assist in determining which new projects to fund under this chapter. Prioritization factors shall include, but not be limited to:
(a) The population of the service area that would receive water through the regional water system interconnection.
(b) The degree to which the public's health, safety, and economic well-being will benefit.
(c) The fiscal impact on user fees and taxes in the area of the regional water system.
(d) The consistency with land use master plans in the affected municipalities and with the provisions of RSA 9-B and RSA 162-C:2, V, to the extent that a proposed regional water system project may impact the municipality's growth and development patterns.
Source.
1993, 341:1. 2000, 310:1. 2003, 178:10, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486-A - Aid to Public Water Systems › Section 486-A:8-a - Public Notice.

486-A:8-a Public Notice. –
I. For surface water treatment projects, regional water system projects, and evaluation of groundwaters contributing area of public wells with recorded levels of chemical contaminants the commissioner of environmental services or designee shall hold an annual public hearing to receive testimony on the projects recommended by the department, in accordance with RSA 486-A:8, to receive grants in the next fiscal year. After considering the testimony offered at the hearing, the commissioner shall finalize the priority list for the next fiscal year, and project assistance shall be granted accordingly.
II. The department shall provide notice by certified mail to the municipality in which the land is located of each water supply land protection project recommended by the department, in accordance with RSA 486-A:8, to receive a grant, and shall wait 20 days for a hearing request. Upon request of the governing body of the municipality in which the land is located, the commissioner of environmental services or designee shall hold a public hearing to receive testimony on any project recommended to receive a grant. The department shall provide notice of any such hearing at least 30 days prior to the hearing by notices posted in at least one public place in the municipality and in at least 2 newspapers of general circulation in the region, and by certified mail to the governing body of the municipality. After considering the testimony offered at all of the public hearings requested for that year's recommended projects, the commissioner shall finalize the priority list for the next fiscal year, and project assistance shall be granted accordingly. If no hearing is requested, the department shall select projects for funding without a public hearing.
Source.
2000, 310:2. 2003, 178:11, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486-A - Aid to Public Water Systems › Section 486-A:10 - Notice to Public Utilities Commission.

486-A:10 Notice to Public Utilities Commission. –
Any public water system regulated by the public utilities commission shall notify the public utilities commission when it receives funds under the provisions of this chapter, to ensure that the money received is not used in calculating rate setting.
Source.
1993, 341:1, eff. June 30, 1993.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486-A - Aid to Public Water Systems › Section 486-A:11 - Rulemaking.

486-A:11 Rulemaking. –
The department shall adopt rules, pursuant to RSA 541-A, relative to providing water supply land protection grants. Such rules shall include, but not be limited to:
I. Appraiser and surveyor standards.
II. Eligibility determination criteria and procedures.
III. Application requirements and procedures.
IV. Project selection and prioritization requirements and procedures.
V. Stewardship requirements and procedures, including annual reporting to the department by the grantee.
Source.
2000, 310:4, eff. June 21, 2000.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486-A - Aid to Public Water Systems › Section 486-A:12 - Water Supply Land Protection Grant Match.

486-A:12 Water Supply Land Protection Grant Match. –
The percent match supplied by the water supply land protection grantee for water supply land protection projects shall consist of cash, expenses necessary to complete the transaction including associated legal and transaction costs, donations of source water protection lands or conservation easements assessed at fair market value and protected in perpetuity, or a combination of cash, transaction expenses, and such donations. Gifts of land and interests in land must be held by a water supply land protection grantee.
Source.
2000, 310:4, eff. June 21, 2000.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486-A - Aid to Public Water Systems › Section 486-A:13 - Public Trust.

486-A:13 Public Trust. –
I. The lands and interests in lands acquired by the state or other public entity with a water supply land protection grant under this chapter shall be held in public trust and used and applied for the purposes of this chapter. Notwithstanding any other provision of law relating to the disposal of publicly-owned real estate, no deviation in the uses of any land or interest in land so acquired to uses or purposes not consistent with the purposes of this chapter shall be permitted. The sale, transfer, conveyance, or release of any such land or interest in land from public trust is prohibited except when the conditions of RSA 486-A:13, II or III are met.
II. Land may be released from public trust in order to be converted to another use if:
(a) The municipality, holding title to the land or conservation easement proposed for release from the program, votes in favor of such a release by a two-thirds vote of its legislative body;
(b) A public hearing is held prior to the municipal vote, after the municipality provides notice of such hearing at least 30 days prior to the hearing by notices sent to the department, notices posted in at least one public place in the municipality, certified notice to any other municipality whose water supply might be affected by the proposed release, and notices in at least 2 newspapers of general circulation in the region;
(c) All other municipalities using the water supply protected by the land or conservation easement vote to release the land by a two-thirds vote of their legislative bodies and after holding a public hearing noticed according to the procedures set forth in subparagraph (b);
(d) The land proposed for release from the program will be publicly owned after its release from the program; and
(e) The municipality proposing to release the land or conservation easement from the program repays the department the amount of the water supply land protection grant plus interest compounded annually at the rate of 10 percent, which repayment shall be used by the department to further the water supply land protection purposes of this chapter.
III. Land may be released from public trust due to termination of use if:
(a) The grantee has successfully demonstrated to the department that the source of drinking water that the land or conservation easement is intended to protect is not and will not be viable due to the inability to remediate contamination or to provide treatment which improves water quality so that it is suitable for human consumption; and
(b) The municipality voting to release the land or conservation easement from the program repays the department the amount of the water supply land protection grant plus interest compounded annually at the rate of 3.5 percent, which repayment shall be used by the department to further the water supply land protection purposes of this chapter.
Source.
2000, 310:4, eff. June 21, 2000.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 486-A - Aid to Public Water Systems › Section 486-A:14 - Administrative Fines.

486-A:14 Administrative Fines. –
I. The commissioner of the department, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $500 for each offense upon any person who violates the reporting requirement of RSA 486-A:7, II(e). Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. The commissioner shall adopt rules, under RSA 541-A, relative to procedures for notice and hearing prior to the imposition of an administrative fine.
II. The proceeds of administrative fines levied pursuant to paragraph I shall be used by the department to further the water supply land protection purposes of this chapter.
Source.
2000, 310:4, eff. June 21, 2000.