Bulletin: NH2019002

Dear Associates: 

2019 Legislative Session

An Act relative to the repair of roads not maintained by a municipality. (Amends RSA 231)  

Chapter 308 of the 2019 legislative session provides that, in the absence of an express agreement or requirement governing maintenance of a private road, each residential owner who enjoys a common benefit from the road shall contribute to the cost of its maintenance. The legislation applies only to residential properties while making it clear that none of the new language applies to Class V and Class VI roads. Both the VA and Fannie Mae require written agreements among all property owners unless there is a state law governing the maintenance of private roads. This new law is designed to provide that minimum requirement. Please see the full text of the law for more details.

Effective Date:  August 2, 2019

https://www.gencourt.state.nh.us/

An Act relative to real estate commissions paid to unlicensed entities. (Amends RSA 331-A)

Chapter 49 of the 2019 legislative session allows a real estate broker to share a commission with an unlicensed entity provided that that all members of any business entity, such as an LLC, receiving such a commission must hold a valid and active real estate license. Please see the full text of the law for more details.

Effective Date: August 5, 2019

http://gencourt.state.nh.us/bill_status/billText.aspx?sy=2019&id=460&txtFormat=html

AN ACT requiring the commissioner of the department of environmental services to revise rules relative to arsenic contamination in drinking water.  (Amends RSA 190, RSA 485-C & RSA 485-F)

Chapter 208 of the 2019 legislative session requires the Department of Environmental Services (DES) to lower the maximum contaminant level (MCL) for arsenic in public water systems from the current EPA recommendation of 10 parts per billion to no more than five parts per billion. New Hampshire would join New Jersey as the only states with an enforceable level below 10 ppb. A public water system is defined as having at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. So certain homeowner’s associations fall under the definition. Please see the full text of the law for more details.

Effective Date: October 10, 2019

http://gencourt.state.nh.us/bill_status/billText.aspx?sy=2019&id=388&txtFormat=html

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