Amendment vs bill Amendment #2024-1077h vs latest version

Struck = removed from the bill · added = the amendment's new text.

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CHAPTER 107 HB 1113 - FINAL VERSION 28Mar2024...
1077h 28Mar2024...
1302h SESSION 24-2079 10/08 HOUSE BILL 1113 AN ACT relative to shoreland septic systems.
SPONSORS:
Rung, Hills.
Harb, Rock.
12;
20 March 11, 2024 2024-1077h 06/02 Amendment to HB 1113 Amend the bill by replacing all after section 2 with the following:
Rep.
3 3 Waterfront Property Sale;
Coker, Belk.
2;
Rep.
Rochefort, Graf.
1;
Rep.
Ebel, Merr.
7;
Sen.
Watters, Dist 4 COMMITTEE:
Resources, Recreation and Development ───────────────────────────────────────────────────────────────── ANALYSIS This bill modifies requirements for site assessment studies of shoreland septic systems.
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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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
CHAPTER 107 HB 1113 - FINAL VERSION 28Mar2024...
1077h 28Mar2024...
1302h 24-2079 10/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Four AN ACT relative to shoreland septic systems.
Be it Enacted by the Senate and House of Representatives in General Court convened:
107:1 Water Pollution and Waste Disposal;
Definition of Developed Waterfront.
Amend RSA 485- A:2, I to read as follows:
I.
"Developed waterfront" property means any parcel of land upon which stands a structure suitable for either seasonal or year-round human occupancy, where such parcel of land is contiguous to or within [200] 250 feet of the reference line, as defined in RSA 483-B:4, XVII, of:
(a) A fresh water body, as defined in RSA 483-B:4, XVI(a);
(b) Coastal waters, as defined in RSA 483-B:4, XVI(b);
or (c) A river, as defined in RSA 483-B:4, XVI(c).
107:2 New Paragraph;
Sewage Disposal Systems;
Submission and Approval of Plans and Specifications.
Amend RSA 485-A:29 by inserting after paragraph III the following new paragraph:
IV.
Nothing in this section shall be construed to limit or modify the authority conferred upon local governments under RSA 674:21 to require more stringent standards for developed waterfront property than required by this chapter or department administrative rules adopted pursuant to this chapter.
107:3 Waterfront Property Sale;
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However, the buyer may accept an evaluation prepared for the seller of the property if the evaluation was completed within 180 days of the date of property transfer.
However, the buyer may accept an evaluation prepared for the seller of the property if the evaluation was completed within 3 years of the date of property transfer.
The septic system evaluation prepared for the seller by a New Hampshire state licensed septic system evaluator with stated findings shall be given to the buyer and acceptance of the evaluation shall be acknowledged in writing by the buyer.
The septic system evaluation prepared for the seller, with stated findings, shall be given to the buyer and acceptance of the evaluation shall be acknowledged in writing by the buyer.
Based on this information, the New Hampshire permitted septic system designer shall determine if the system is in failure, as defined in RSA 485-A:2, IV.
Based on this information, the designer shall determine if the system is in failure, as defined in RSA 485-A:2, IV.
CHAPTER 107 HB 1113 - FINAL VERSION - Page 2 - III.
III.
The findings of the New Hampshire licensed septic system evaluator or septic system designer shall not prohibit the sale of the property, but shall be disclosed to the buyer as full and proper notice of the possible limitations of the septic system.
The findings of the septic system evaluator or septic system designer shall not prohibit the sale of the property, but shall be disclosed to the buyer as full and proper notice of the possible limitations of the septic system.
If the New Hampshire licensed septic system evaluator, utilizing board-approved standards of practice, determines that the septic system shows signs of failure or, if the New Hampshire permitted septic system designer determines that the system is in failure:
If the septic system evaluator, utilizing board-approved standards of practice, determines that the septic system shows signs of failure or, if the septic system designer determines that the system is in failure:
(a) The buyer shall sign a document, prepared by the New Hampshire licensed septic system evaluator, authorizing the evaluator to conduct notifications to the department and the local health officer;
(a) The buyer shall sign a document, prepared by the evaluator, authorizing the evaluator to conduct notifications to the department and the local health officer;
(b) The New Hampshire licensed septic system evaluator shall notify the department and the local health officer;
(b) The evaluator shall notify the department and the local health officer;
(c) The buyer shall replace the system within 180 days of the transfer of the property;
Amendment to HB 1113 - Page 2 - (c) The buyer shall replace the system within one year of the transfer of the property;
The buyer is not required to comply with the other paragraphs of this section if they replace or repair the septic system within 180 days of the transfer of the property.
The buyer is not required to comply with the other paragraphs of this section if they replace or repair the septic system within one year of the transfer of the property.
The buyer shall file a report with the department and the local health officer with a copy of the state approval for operation for the replacement system within 180 days of the close of the property sale.
The buyer shall file a report with the department and the local health officer with a copy of the state approval for operation for the replacement system within one year of the close of the property sale.
Notwithstanding any other provision of this section, if circumstances beyond the control of the buyer preclude the evaluation or, if needed, replacement of the septic system or cause an evaluation prepared for the seller to be older than 180 days, the department shall, upon request, grant an extension of up to 180 days.
Notwithstanding any other provision of this section, if snow cover or frozen ground conditions preclude the evaluation or, if needed, replacement of the septic system, the department shall, upon request, grant an extension for the required action of up to 180 days.
107:4 Effective Date.
4 Effective Date.
Approved:
July 03, 2024 Effective Date:
September 01, 2024