09/28/2024
Merrimack lawmakers, activists press to override Sununu veto of PFAS bill
By Kevin Landrigan 9/28/2024
Merrimack Democratic legislators and local activists urged the Legislature next month to reject Gov. Chris Sununu’s veto and adopt a tougher limit (HB 1415) on so-called “forever chemicals” in groundwater or surface water.
Laurene Allen, the founder of Merrimack Citizens for Clean Water, accused outgoing Republican Gov. Sununu of siding with corporate polluters in rejecting bipartisan legislation that would hold property owners accountable for Perfluoroalkyl and Polyfluoroalkyl Substance (PFAS) contamination over 100 parts per trillion.
Sununu instead signed competing legislation (HB 1649) that set a much higher allowable limit of 10,000 parts per trillion that also exempted public drinking water and water treatment plants from having to even meet the higher limit.
“The governor has vetoed every bill that ties exposure to an outcome; that’s important to remember,” Allen said during a news conference in Weston Park that runs along the Souhegan River in town.
In his veto message last month, Sununu also objected to what he called a “broad definition” of PFAS facilities to meet these standards as it could include fire stations and other municipal buildings.
“The requirements under this bill would be inappropriate and unnecessarily burdensome to those entities,” Sununu wrote.
The Business and Industry Association had written Sununu about the conflict in PFAS limits between the two bills.
BIA President and CEO Michael Skelton had warned in his June 11 letter that the state would likely end up in court if Sununu signed them both.
“These conflicts in language have already begun to cause legal and regulatory confusion for the business community and, if they become law, will likely lead to legal challenges to resolve the discrepancy,” Skelton wrote.
The four-term governor said he’s helped keep New Hampshire on the forefront of states fighting to protect the public health from PFAS contamination.
Rep. Nancy Murphy, D-Merrimack, the vetoed bill’s prime sponsor, said she will propose similar legislation for the 2025 session that would revert back to the existing definition of PFAS facility while retaining the tougher standard.
“We need to make sure these businesses are adhering to federal limits,” Murphy said.
With this general election less than six weeks away, House and Senate GOP leaders have made no public statements critical of any of the 10 bills Sununu vetoed from the 2024 session.
Lawmakers return Oct. 10 to take up those vetoes.
Rep. Karen Ebel, D-Newbury, said her bill (HB 1649) with the lower PFAS limit that Sununu signed, starting in Jan. 1, 2027, will ban the sale of “intentionally added PFAS” in consumer products such as for items for children, carpets, cosmetics, food packaging and upholstered furniture.
The state DES would get $250,000 in this bill to enforce this future ban.
“It is time to turn off the PFAS spigot,” Ebel said.
At the Merrimack event, House Democrats celebrated other PFAS bills that became law this year.
One will require the notice of PFAS contamination prior to the sale of real estate (HB 398) and another extends for three more years a commission created to investigate public health impacts ion Merrimack, Bedford, Londonderry, Hudson and Litchfield believed linked to PFAS contamination at the former Saint-Gobain Performance Plastics Plant in Merrimack (HB 1114).
Rep. Wendy Thomas, D-Merrimack, authored the real estate mandate as a cancer survivor whose family has been on bottled water for nearly five years while they wait for town lines to be extended to her neighborhood.
Allen said legislators and advocates need to continue to pressure DES and the next governor to compel Saint-Gobain officials to pay for cleanup costs that their contamination caused to these communities.
For her part, Allen maintained Gov. Sununu and GOP legislators have not done enough.
“No one is pushing back. There is a difference between the candidates with one side (Democrats) having a hands-off, anti-regulation approach and the other trying to hold polluters accountable for their actions,” Allen said.
https://www.unionleader.com/news/environment/merrimack-lawmakers-activists-press-to-override-sununu-veto-of-pfas-bill/article_a2153bdc-7cfe-11ef-a82b-275e7abc183e.html