New Hampshire § 485-J-1 - Section 485-J:1 Soil and Water Contamination Settlement Trust Fund Established.

§ 485-J-1. Section 485-J:1 Soil and Water Contamination Settlement Trust Fund Established.

I. There is hereby established the New Hampshire soil and water contamination settlement trust fund that shall be kept distinct and separate from all other state funds. Any funds or proceeds received by the attorney general on behalf of the state or its citizens as a result of any civil judgment or settlement of a claim, suit, petition, or other action regarding damages from environmental contamination of soil and water shall be deposited into the trust fund. All moneys in the fund shall be nonlapsing and continually appropriated to the department of environmental services for the purposes of this chapter. All moneys in the fund shall be exempt from the 10 percent disposition in RSA 7:6-e. II. Once the funds have been deposited, the attorney general shall promptly report to the fiscal committee of the general court any money received under this section. All reports under this paragraph shall include, but shall not be limited to: (a) The date of the judgment or settlement. (b) The reason for the judgment or settlement. (c) The purpose for which the judgment or settlement is to be used. (d) The amount of the judgment or settlement. (e) An accounting of the allocation of each judgment or settlement. III. The state treasurer shall be the trustee of the trust fund, and shall invest the trust fund in accordance with RSA 6:8. Any earnings on trust fund moneys shall be added to the trust fund. Money in the fund shall be appropriated by the general court to address expenses and damages related to the specific type of contamination addressed by the settlement, including the remediation of the contamination, testing of soil and water for contamination, health monitoring for individuals at risk for or otherwise impacted by the contamination, and further investigation by the department of environmental services relevant to the specific type of contamination addressed by the settlement. However, if the commissioner of the department of environmental services finds that the specific type of contamination addressed in the settlement has already been remediated and no longer presents a hazard to the environment or to the health of the public, the commissioner may request the state treasurer to transfer the settlement to one or more dedicated environmental funds under the administration of the department of environmental services. IV. If after a period of 4 years, any funds from a specific settlement remain in the soil and water contamination trust fund and have not been spent to address eligible expenses and damages, the state treasurer shall, upon approval by the legislative fiscal committee of a request from the department of environmental services, transfer any remaining settlement funds to one or more dedicated environmental funds under the administration of the department of environmental services, as directed by the commissioner of the department of environmental services. V. (a) This section shall only apply to environmental contamination settlements received by the attorney general where the disposition of funds has not been previously directed in statute by an act of the legislature. Settlements not included under the scope of this section include, but are not limited to, those eligible to be directed to the solid waste management fund under RSA 149-R and the drinking water and groundwater trust fund under RSA 6-D:1. (b) This section shall not apply to fines received by the attorney general in criminal cases, penalty assessment funds, drug forfeiture funds, fines or civil penalties authorized by state law as a result of enforcement actions taken by state agencies or the attorney general, and money received on behalf of a victim or the state as restitution.