2021 New Hampshire Legislative Session
Important legislation regarding drinking water and groundwater was passed in the 2021 New Hampshire Legislative session. The legislation was introduced as House Bills 235 and 271. Both bills were merged with other legislation and ultimately were passed by the Legislature and signed by the Governor as part of an omnibus bill, Senate Bill (SB) 146.
SB 146 requires that NHDES adopt rules to ensure that the approval process by NHDES for any new groundwater withdrawal for small community water systems (withdrawals less than 57,600 gallons over any 24-hour period) assess and address any adverse impacts the new withdrawal would have on private wells. Prior to the passage of SB 146, NHDES only had authority to address impacts associated with large groundwater withdrawals (withdrawals of 57,600 gallons or more in any 24-hour period) approved after July 1998.
SB 146 expanded NHDES’ authority to administer financial assistance associated with Per- and Polyfluoroalkyl Substances (PFAS) contamination in drinking water and wastewater. Prior to the 2021 legislative session, NHDES had only the authority to provide low-interest loans to community water systems and non-profit, non-transient public water systems, which exceeded the state maximum contaminant level for PFAS, and to wastewater systems to address PFAS contamination that may cause an exceedance of the state standard. SB 146 expanded NHDES’ authority to provide assistance by:
- Establishing a PFAS grant program that complements the existing low-interest loan program.
- Ensuring municipalities are eligible for financial assistance. This means that local efforts to address PFAS contamination in drinking water obtained from private wells have access to grants and low-interest loans.
It is anticipated that Env-Dw 1400 PFAS Remediation Loan Fund Program for Certain Public Water Systems will be amended this fall to reflect the provision of providing grants to water systems impacted by contamination and to expand eligibility to include municipalities. Additionally, appropriations for the PFAS remediation grant program will be established in the upcoming months.