N.H. Bill Aimed at PFAS Contamination Undone by Senate Error

New Hampshire's House Bill 1275, intended to address PFAS contamination, is currently in flux after a procedural error in the Senate on May 7. An amendment adopted on that date mistakenly removed all references to sludge, a key element of the original legislation. Lawmakers anticipate correcting this error, but the bill's future remains uncertain.

As introduced, HB 1275 aimed to establish a moratorium on spreading treated wastewater sludge, or biosolids, on farmland, create a relief fund for affected farmers, and offer liability protections. The bill was grounded in concerns that PFAS, known as 'forever chemicals,' can contaminate farms when present in sludge used as fertilizer.

Wastewater professionals, however, expressed concerns that a moratorium would negatively impact the industry's ability to manage biosolids. They advocate for beneficial reuse, such as land application, over landfilling or incineration. This opposition led to an amendment removing the moratorium in early March.

Further amendments in the House and Senate have continued to reshape the bill. One Senate amendment, intended to exempt certain Department of Defense products from PFAS bans, drew criticism for potentially exacerbating contamination. Another replace-all amendment, introduced on May 7, inadvertently removed all sludge references, a move attributed to a drafting error. This amendment, however, focused on expanding eligibility for the New Hampshire PFAS Response Fund to include more public water systems.

Supporters of the original bill, like the Conservation Law Foundation, have withdrawn their support, stating the current version fails to protect farmers and communities. Representative Wendy Thomas, the bill's sponsor, expressed disappointment that liability protections were included without addressing the source of contamination. The Senate is scheduled to reconsider the bill on Thursday.