|
NewsLink
is a bi-weekly newsletter of the New Hampshire Municipal Association.
Its purpose is to keep you up-to-date on the latest information
of interest to municipal officials.
|
Final PFAS Rules to be Heard Tomorrow!
|
PFAS Rules Before Joint Legislative Committee on Administrative Rules (JLCAR) Tomorrow!
Tomorrow, at 10:30 am, the Joint Legislative Committee on Administrative Rules (JLCAR) will take up the final proposed rules filed by the Department of Environmental Services (DES) in Rooms 306-308 in the Legislative Office Building in Concord. Interested members are encouraged to attend.
JLCAR staff recommends getting to this meeting early as another rulemaking proceeding from Department of Education (which begins at 9:40 am) will have significant public input. A further complication is JLCAR could also elect to postpone DES' final rule presentation to its August meeting. Please note that if you are interested in testifying on these final rules, the Chair may restrict your testimony if it is considered redundant or repetitive with previously-provided testimony.
Here is
NHMA's letter dated July 15, 2019 to JLCAR regarding the final proposed PFAS rules filed by the Department of Environmental Services (DES). As you will read, NHMA's testimony is focused squarely on the objection criteria established in the applicable statutes and rules.
|
Please Join Us for an Important PFAS Discussion!
|
Addressing PFAS Impacts on Municipal Infrastructure
9:00 am - 12:00 noon
Monday, July 22, 2019
NHMA Offices
25 Triangle Park Drive, Concord
There's been a lot of recent activity in New Hampshire regarding PFAS (Per- and polyfluoroalkyl substances), a group of man-made chemicals that includes PFOA, PFOS, GenX, and many other chemicals. These chemicals are very persistent in the environment and in the human body - meaning they don't break down and they can accumulate over time. There is evidence that exposure to PFAS can lead to adverse human health effects.
Federal and state regulators have taken steps to determine the public's exposure to these chemicals and whether or not current levels of exposure are safe. USEPA recently initiated its public comment period for a proposed National Primary Drinking Water Regulation (NPDWR) to establish a Maximum Contaminant Level (MCL) and a health-based Maximum Contaminant Level Goal (MCLG) at 56 ppt. State officials recently announced historic action to protect New Hampshire's natural resources by filing two lawsuits against companies for the manufacturing and dissemination of PFAS in New Hampshire. Through these lawsuits, the state seeks to recover all costs to investigate, clean up, restore, treat, monitor, and otherwise respond to contamination of the State's groundwater, surface water and other natural resources.
More importantly, however, the New Hampshire Department of Environmental Services (NHDES) is advancing its rulemaking initiative to establish Maximum Contaminate Levels (MCLs) and Ambient Groundwater Quality Standards (AGQS) for PFAS, PFOA, PFOS, and PFHxS to ensure greater protection of public health related to the consumption of drinking water. The agency will be filing these proposed rules before the Joint Legislative Committee on Administrative Rules (JLCAR) in July (see related story above).
As you can see, our evolving understanding of PFAS is driving public concern and conservative regulatory responses at the state level.
Join us on Monday, July 22nd
, for a discussion on how these new standards will impact community water and wastewater systems. Our panel of experts,
Attorney Robert Cheney of Sheehan Phinney law firm and Environmental Consultants Keith Pratt and Mike Metcalf of Underwood Engineers, along with state agency officials, will provide us a comprehensive understanding of current PFAS regulations, remediation technology available, current status of PFAS rulemaking and implementation, and strategies for addressing liability concerns related to PFAS.
If interested, please register here as we have space limitations. Seats will be provided on a "first-come, first-served basis." Although there is no cost, we ask that you register HERE.
This event is open to all members of the New Hampshire Municipal Association and will benefit those municipal officials who want to better understand and ask questions regarding the potential impacts of PFAS on public water and wastewater systems.
Please recognize the support and expertise of our presenters, including Keith Pratt and Michael Metcalf of Underwood Engineers and Attorney Bob Cheney of Sheehan Phinney law firm.
|
Special thanks to Keith Pratt and Mike Metcalf at Underwood Engineers!
|
Special thanks to Attorney Bob Cheney at Sheehan Phinney!
|
NHDES' PFAS Final Rulemaking Proposal
|
Final Proposal Increases Estimated Costs Substantially!
The New Hampshire Department of Environmental Services (NHDES) has filed a final rulemaking proposal to establish Maximum Contaminant Levels (MCLs)/drinking water standards and Ambient Groundwater Quality Standards (AGQS) for four per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), perfluorononanoic acid (PFNA) and perfluorohexanesulfonic acid (PFHxS) to ensure greater protection of public health related to the consumption of drinking water. The rulemaking proposal was filed last Friday with the New Hampshire Joint Legislative Committee on Administrative Rules (JLCAR) for consideration at their
July 18, 2019, meeting
. If approved by JLCAR, the new rules are scheduled to become
effective on October 1, 2019
. Estimated costs are in the vicinity of
$200 million
.
NHDES is proposing the following drinking water standards that are protective for the most sensitive populations over a lifetime of exposure:
PFAS
|
Final Proposed MCL and AGQS
|
PFOA
|
12 ppt
|
PFOS
|
15 ppt
|
PFHxS
|
18 ppt
|
PFNA
|
11 ppt
|
These MCLs are drinking water quality standards which non-transient public water systems (water systems serving the same 25 people at least 60 days a year) must comply with. An AGQS is the standard used to require remedial action and the provision of alternative drinking water at a contaminated site. It also dictates the conditions under which treated and untreated wastewater may be discharged to groundwater. Current law requires AGQSs be the same value as any MCL established by NHDES and also that they be at least as stringent as health advisories set by the U.S. Environmental Protection Agency (EPA). In 2016, NHDES adopted EPA's health advisory for PFOA and PFOS as an AGQS at 70 parts per trillion (ppt) individually or combined.
To establish these MCLs, NHDES had to consider the extent to which the contaminants are found in New Hampshire, the ability to detect them in public water systems, the ability to remove the contaminant from drinking water, and the costs and benefits to affected parties that will result from establishing the standard, and then develop a MCL for each compound that is protective of the most sensitive population at all life stages.
Included with the final proposal, NHDES provided the following:
Copies of the final proposed rules are available here.
|
NHMA To Launch New Website This Summer!
|
|
|
SAVE THE DATE: Webinar Planned for Member Roll-out
Introducing and Tapping into NHMA's New Website
12:00 NOON to 1:00 PM
Wednesday, August 28, 2019
We have some really exciting news for you!
NHMA will be launching a newly designed, feature-rich website this summer with the professional assistance and support of VC3, a leading IT solutions provider focused on local government with offices across the eastern United States. Redesigning a website involves a lot of planning, tweaking and otherwise fine tuning. We are very pleased with our new look and the new features that our website will offer to all NHMA members and other users.
Join Tim McCausland, VC3's Director of Web Design & Development and NHMA's Executive Director Margaret Byrnes who will introduce the new website and all its new features in this webinar. We'll show you how to tap into the many resources available, including log-in features, how to add a local user, how to post a classified ad, how to update your local municipal roster, and review with you the other sections you may have frequently visited in the past. We hope you will join us on Wednesday, August 28th for this important member webinar.
This webinar is open to and will benefit all NHMA members, especially those in administrative, managerial and supervisory roles. So please save the date of Wednesday, August 28 and join us for this important webinar.
|
Help Us Go "Paperless" This Year!
|
The Directory is Coming....The Directory is Coming!
Please consider going paperless this year!
The 2019-2020 New Hampshire
Municipal Officials Directory is almost ready to go to print and we would like to make a special offer to our members! In the effort of going paperless, we would like to offer our members their complimentary
Directory in a searchable PDF instead of a printed hard copy this year.
If you would prefer the
Directory this year as a searchable PDF document, please notify NHMA's Judy Pearson by
July 31, 2019 at
[email protected].
|
Upcoming
Regional Right-to-Know Law Workshops
|
NHMA Regional Workshop: The Right-to-Know Law and Governmental Records
1:30 pm - 4:00 pm
Tuesday, August 6, 2019
Moultonborough Safety Complex
1035 Whittier Highway, Moultonborough, NH
$35.00 without publication
$55.00 with publication, A Guide to Open Government: New Hampshire's Right-to-Know Law.
Join NHMA's Legal Services Counsel Stephen Buckley and Municipal Services Counsel Natch Greyes who will share strategies to assist municipalities in handling governmental record matters arising under the Right-to-Know Law.
Handling governmental records requests requires an understanding of all aspects of request processing including: the requirements for availability, storage, electronic records, redaction, cost estimates, mandated access for certain records and appointments for review of records.
Guidance will be provided on determining what is a governmental record, and when and how access and copies of public records must be provided. This workshop will also address what records are exempt from disclosure, along with whether a record request that would require a search for multiple documents must be fulfilled or whether a request impermissibly seeks to create a record that does not exist. In addition, guidance will be provided on the retention of governmental records and how claims under the Right-to-Know Law are enforced.
There will be ample time for questions and answers.
|
NHMA Webinar:
ZBA Basics in New Hampshire
12:00 pm - 1:00 pm
Wednesday, August 14, 2019
As a new volunteer member of your local Zoning Board of Adjustment (ZBA), you just don't know where to start to learn about your new responsibilities. That's why NHMA is hosting a webinar designed specifically for new board members including a basic overview of the organization, powers, duties, and relevant statutory and case law authority to make your public service both more enjoyable and productive.
Join Legal Services Counsel Stephen Buckley and Municipal Services Counsel Natch Greyes who will share their expertise on how to keep your board's affairs in order (including rules of procedure), the do's and don'ts for conducting meetings and hearings, your board's issuance of decisions, and its rehearing procedures.
This webinar is open to all NHMA members and will benefit not only new ZBA members, but also governing bodies, other land use boards, and administrators who want to better understand the different roles and responsibilities of various municipal officials in these positions.
|
NHMA Webinar:
Understanding New Hampshire's Timber Tax Laws
12:00 pm - 1:00 pm
Wednesday, August 21, 2019
New Hampshire has laws and regulations designed to encourage responsible timber harvesting and taxation (RSA Chapter 79). In turn, municipal officials have the authority and responsibility to work with state agencies to ensure that these laws are consistently enforced.
Join Rick Evans, Timber Appraiser with the New Hampshire Department of Revenue Administration, who will cover who is responsible for what, how town officials are to be notified of timber harvesting, timeline for timber tax reporting, review of intent-to-cut forms, bonding, timber tax assessments (including determining average stumpage values), and other issues related to timber taxes and what municipal officials need to know when planning or reviewing a timber harvest.
This webinar is for select boards, town clerks, tax collectors, code enforcement officers, conservation commissioners, road agents, forestry committee members, police officers, and other municipal employees who play a vital role in the enforcement of the State's timber tax laws.
|
NHMA Webinar:
The Workings of a Planning Board
12:00 pm - 1:00 pm
Wednesday, September 4, 2019
This webinar is geared for new planning board members and alternates, as well as seasoned veterans, who want a refresher course on planning board basics.
Join Legal Services Counsel Stephen Buckley and Municipal Services Counsel Natch Greyes who will discuss what is a completed application, the timeline for planning board review, conducting meetings and public hearings, the use of third-party consultants, the zoning amendment process, scattered and premature development, off-site exactions, innovative land use controls, driveways, the Right-to-Know Law and more.
This webinar is open to all NHMA members and will benefit not only new Planning Board members, but also governing bodies, other land use boards, and administrators who want to better understand the different roles and responsibilities of various municipal officials in these positions.
|
|
|
2020 Local Source Water Protection Grant Applications Now Available!
Funding is available from the New Hampshire Department of Environmental Services (NHDES) to develop and implement programs to protect existing sources of public drinking water. The grants are available to water suppliers, municipalities, regional planning agencies, non-profit organizations, educational institutions, conservation districts, and state agencies. Applicants can receive up to $20,000 for projects that protect drinking water sources, including watershed planning, delineation of protection areas, assessment of threats to water supply sources, "on the ground" implementation projects, and source security.
The application packet is now
available online to provide sufficient lead time for applicants to work with stakeholders to determine what protections are necessary to address potential contamination threats, coordinate with working partners, and determine a budget. NHDES is happy to confer with potential applicants in advance of the development of an application.
Examples of projects:
- Development and adoption of municipal groundwater protection regulations similar to NHDES models.
- Security improvements such as fencing, gates, or cameras.
- The creation and implementation of local source water protection plans.
- Certain transactional costs associated with land conservation to protect drinking water sources.
- Education and outreach campaigns.
- Projects which prepare first responders to protect public water supplies.
- The implementation of stormwater best management practices.
- Completing state Groundwater Reclassification for community well(s).
Please contact
Andrew Madison, NHDES
Source Protection Coordinator, by telephone at
(603) 271-2950 or email him at
[email protected].
|
New Report Studies Property Tax Comparisons
According to its Executive Summary, the property tax is the largest source of revenue raised by local governments.
Prepared by the Lincoln Institute of Land Policy and the Minnesota Center of Fiscal Excellence, this
June 2019 report
documents the wide range of
property tax rates in more than 100 U.S. cities and helps explain why they vary so widely. This
context is important because high property tax rates usually reflect some combination of heavy
property tax reliance with low sales and income taxes, low home values that drive up the tax rate
needed to raise enough revenue, or higher local government spending and better public services.
In addition, some cities use property tax classification, which can result in considerably higher
tax rates on business and apartment properties than on homesteads.
|
NHDRA Posts Telecommunications 2019 Poles and Conduits Costs and Depreciation Schedule
In accordance with RSA 72:-c,
Valuation of Telecommunications Poles and Conduits, the New Hampshire
Department of Revenue Administration (NHDRA) recently posted a schedule of telecommunications poles and conduit costs under the formula known as Replacement Cost New (less depreciation calculated on a straight-line basis for a period of 40 years with a residual value of 20 percent). Here are the 2019 costs and schedule below:
If you have questions or comments, please contact the Utility Tax Appraiser, Catherine Capron, by phone at 603.230.5950, or by email at
[email protected].
|
NHDRA Proposes Rules on Tax Credit for Combat Service
The New Hampshire
Department of Revenue Administration (NHDRA) is proposing to adopt with amendment administrative rules Rev 400 relative to the tax credit for combat service enacted under Chapter 151, Laws of 2018 (RSA 72:28-c). Rev 401 defines combat service and Rev 405 explains the eligibility requirements for the credit. Rev 402 and Rev 418 are being amended to add the combat service credit to the list of optional tax credits and to the rules regarding the application form PA-29. A copy of the proposed rules is available
here
.
A public hearing on the proposed rules is scheduled for 1:30 p.m. on
Thursday, July 18, 2019 at the DRA Offices, Medical and Surgical Building, 109 Pleasant Street, Concord. The deadline for submission of written comments is
Monday, July 29, 2019.
|
|
|
NHDES Proposes Rules for Competitive Grants
The New Hampshire Department of Environmental Services (NHDES) is proposing to adopt administrative rule Env-Dw 1300 regarding grants and loans from the drinking water and groundwater trust fund. The proposed rules include standard definitions; an administrative completeness review process and timeframes for Department processing of applications; requirements and processes for entering into loan and grant agreements; standards for preparation and approval of plans and specifications, preparation and approval of contract documents, and obtaining approval to award construction contracts; and procedures for disbursements of grant and loan funds and the repayments of loans. A copy of the proposed rules is available
here.
A public hearing on the proposed rules is scheduled for
9:00 a.m. on Thursday, July 25, 2019 at the NHDEs Offices, Room 112, 29 Hazen Drive, Concord. The deadline for submission of written comments is
4:00 p.m. Friday, August 9, 2019.
|
NHDRA Proposes Amendments to Timber Tax Rules
The New Hampshire Department of Revenue Administration (NHDRA) is proposing to amend administrative rule Rev 3402 relative to the "Notice of Intent to Cut Wood or Timber" under the timber tax. The amendments incorporate changes enacted in Chapter 182, Laws of 2018 (RSA 79:10). A copy of the proposed rules is available
here
.
A public hearing on the proposed rules is scheduled for 1:00 p.m. on
Thursday, July 18, 2019 at the NHDRA Offices, Medical and Surgical Building, 109 Pleasant Street, Concord. The deadline for submission of written comments is
Monday, July 29, 2019.
|
|
|
5 Low-Budget Strategies to Help Small Communities Boost their Economies
The Vermont League of Cities and Towns (VLTC) recently convened a Community and Economic Development Forum that
challenged local elected officials and municipal staff to think differently about economic development. In a state where small communities abound - only eight of Vermont's 255 municipalities have populations in excess of 10,000 - cities and towns are exploring new and innovative approaches to boost economic growth.
Local leaders were invited to consider economic gardening, which promotes sustainable and long-term economic growth through non-traditional initiatives - from cultivating community engagement from diverse stakeholders to creating spaces for ideation, and from leveraging small dollars to support economic development, to removing the weeds or barriers for local economic engines.
In an article by Timothy Evans, Program Manager at the
National League of Cities within the
Center for Member and Partner Engagement, below are the steps critical to building economic vitality in your city or town:
Build your civic infrastructure
Leverage municipal resources to support and grow
Inspire local entrepreneurs to dream and implement
Use placemaking demonstrations to implement permanent ideas
Get out of the way of community ideas
|
NH Fire Marshal's Office Offering Series of Seminars for Municipal Officials
The
New Hampshire
Fire Marshal's Office is offering a series of seminars for town officials on the following topics from June through August.
It is the mission of the State Fire Marshal to prevent deaths, injury and property loss by promoting a safe fire, building and hazardous materials environment for the citizens and visitors of New Hampshire through education, engineering, investigation and enforcement.
- Inspecting School Assembly Occupancies
- Inspecting Tents and Commercial Kitchens
- Inspecting Oil Burners, Gas Lines and Appliances and the Most Common Plumbing Violations
- Youth Firesetter and Rural Fire Prevention Program
You can find dates and registration information on the Fire Marshal's
home page.
|
July 17th TRIVIA QUESTION:
Name the New Hampshire town that was one of the first towns granted by Governor Benning Wentworth after the separation of the governorships of New Hampshire and Massachusetts in 1741. Over the years, the town lost territory but also gained territory in 1824. At one time, the town was home to over 12 different religious sects.
Please send your response to
[email protected]
. A winner will be recognized in the next
NewsLink
issue and be eligible for a grand prize of no particular value whatsoever at the end of the year.
|
July 3rd TRIVIA QUESTION:
Name the New Hampshire city or town that has been known as New Madbury and Adams. It houses Ducks Head, Dundee, Panno Place and Honeymoon Bridge. The bridge is one of the most photographed bridges in the state.
Correct Response: Town of Jackson
July 3rd Winner: Michael Capone, Holderness Town Administrator
|
Benefit Plans for the Public Sector
|
Before you act on an employment or labor issue,
call the
Drummond Woodsum
EMPLOYMENT LAW HOTLINE
@ 623.2500
The Employment Law Hotline is an NHMA Member Benefit
|
SAVE THESE DATES - UPCOMING EVENTS!
|
NewsLink. Subscribe Today!
|
New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, NH 03301
|
|
|
|
|
|