2001 SESSION

01-0808

08/01

HOUSE BILL 755

COMMITTEE: Science, Technology and Energy

ANALYSIS

This bill:

I. Requires the department of environmental services to undertake a groundwater investigation, including testing of public water supplies for MTBE and other ethers.

II. Requires the department of environmental services to conduct a sampling program of gasoline being sold within the state.

III. Prohibits the commissioner and department of environmental services from permitting the use of MTBE or other ethers when administering any federal program.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0808

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

1 Purpose. The purpose of this act is to determine the extent to which ethers have now contaminated New Hampshire's drinking water resources; to enable the state to address seasonal threats which may escalate the rate of such pollution of drinking water thereby further endangering public health; and to determine a projection of impending remediation to both public and private water supplies likely to become incumbent upon the state's taxpayers.

2 Groundwater Investigation. In order to determine the extent of groundwater contamination by methyl tertiary butyl ether (MTBE) and other ethers, the department of environmental services shall undertake a groundwater investigation modeled on the study conducted by the state of Maine and reported on October 13, 1998. The investigation shall include, but not be limited to, testing for MTBE and other ethers during warm-weather months of all public water supplies currently required to test for MTBE and other ethers and of all public water supplies not currently required to test for MTBE and other ethers, and so that results of the testing are received by the department by November 1, 2001. The department shall report its findings by January 1, 2002 to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the house and senate committees having jurisdiction over water quality policy, the governor, and the state library.

3 Gasoline Sampling.

I. The department of environmental services shall conduct a sampling program of gasoline being sold within the state. The program shall provide for random representative sampling, conducted during both the summer and winter seasons, to determine characteristics of the different blends of gasoline being distributed in the state. Samples shall be collected from all 10 counties in the state. Each summer and each winter, the department shall collect at least 50 samples of regular grade gasoline and at least 50 samples of premium grade gasoline. For each sample, the department shall analyze the content of oxygenates, ethers, octane level, benzene, aromatics, olefins, and percentage of oxygen.

II. The department shall report its interim findings by January 11, 2005 to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the house and senate committees having jurisdiction over water quality policy, the governor, and the state library. The department shall report its final findings by November 1, 2006 to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the house and senate committees having jurisdiction over water quality policy, the governor, and the state library.

III. Upon issuance of the department's interim report under paragraph II, the members of house and senate committees having jurisdiction over water quality policy shall constitute a joint committee for purposes of reviewing the interim report. The joint committee shall review the interim report, and shall report the joint committee's findings and recommendations to the full house of representatives.

4 Duties of Commissioner. Amend RSA 21-O:3, III to read as follows:

III. Have the authority to receive, administer, and internally audit all present and future federal and state water-related, air pollution control, and waste grant programs. The commissioner shall not permit the use of methyl tertiary butyl ether (MTBE) or other ethers when administering any federal program.

5 Duties of Department. Amend RSA 485-A:4, XVI to read as follows:

XVI. To enter into, with the consent of the governor and council, cooperative agreements with the United States Environmental Protection Agency or any other federal agency having jurisdiction in the premises relative to any joint state-federal water pollution enforcement abatement and control programs authorized by law, and involving the issuance of discharge permits. The department shall not permit the use of methyl tertiary butyl ether (MTBE) or other ethers when administering any federal program.

6 Repeal. Section 3 of this act, relative to gasoline sampling, is repealed.

7 Effective Date.

I. Section 6 of this act shall take effect July 1, 2006.

II. The remainder of this act shall take effect 60 days after its passage.