Legislators override two vetoes; three others clear House but not Senate

the New Hampshire State House

the New Hampshire State House FILE PHOTO

By CHARLOTTE MATHERLY

Monadnock Ledger-Transcript

Published: 10-15-2024 10:59 AM

Lawmakers overrode two of Gov. Chris Sununu’s vetoes on Thursday, putting into law two bills that aim to increase transparency on the impact of public input and limit the use of fertilizers containing phosphorous to reduce cyanobacteria.

Three other vetoed bills, including one that would’ve allowed state-approved medical marijuana companies to expand their operations, made it through the House of Representatives but met their end in the Senate.

To turn a bill into law without the governor’s signature, both legislative bodies must approve it with a two-thirds majority. That’s an uncommon feat – from 2010 to 2020, only 16 out of 118 vetoes were overridden.

HB 1293 limits the use of plant fertilizers that contain phosphorous and bans its application within 25 feet of a storm drain or anywhere it could get into a storm drain. Phosphorous promotes the growth of cyanobacteria, which often blooms in New Hampshire’s bodies of water and can be toxic.

Bristol Rep. Carroll Brown said the bill “puts the cart before the horse” by ignoring the state’s existing cyanobacteria treatment plan. Rather, he said, the state should target and manage each body of water more directly.

Rep. Mike Bordes of Laconia, who originally co-sponsored the bill, urged the House to uphold the veto, saying the bill is now “toothless” and won’t be enforceable – the same reason Sununu had objected. Despite those concerns, the House voted 232-99 and the Senate voted 22-1 to override the veto.

HB 1622, which the House voted 318-11 and the Senate voted unanimously to override, will change the state’s administrative rulemaking process in several ways, including increased transparency from officials about how public input affects state agencies’ decisions. The government will be required to list public comments it’s received and detail how they were used or explain why they weren’t. Sununu had argued this would create too large a burden on state employees for a “minimal” public benefit.

The ones that almost made it

Of Sununu’s 15 vetoed bills, the House of Representatives voted to override five – most notably HB 1581, which would’ve allowed state-approved cannabis growers to operate more than one cultivation center, and to operate outdoor greenhouses.

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Sununu had argued the bill came with scant safety and location regulations, which Derry Rep. Erica Layon said already exist.

“It was a beautifully written, eloquent bill that added only the language we needed,” Layon said before the vote. “While I appreciate the fact that the governor’s very concerned to make sure that we’re doing it right, we already are.”

The many security regulations currently in place would simply extend to those new cultivation centers, she said. The House tried to override it with a 270-55 vote, but the Senate voted 14-9 to uphold the veto.

HB 1415, which the House voted 289-38 to override, aims to hold facilities accountable for using the hazardous chemicals perfluoroalkyls, or PFAS, and would compel them to pay for decontamination and cleanup.

“No amount of these forever chemicals is acceptable,” said Merrimack Rep. Tim McGough.

The bill ultimately failed in the Senate, which voted 17-6 to uphold the veto. David Watters, a senator from Dover, raised the same objections Sununu had, about a discrepancy with another law that sets different limits on phosphorous.

HB 274 would’ve required state agencies to notify legislative committees and other stakeholders of any proposed changes to administrative rulemaking. It also would’ve required agencies to foot legal bills in some cases if a change was ruled invalid. The House voted an overwhelming 324-5 to override Sununu’s veto, which argued that those changes are already public and the legal fees could strap the state with unknown costs. The Senate failed to override it in an 12-11 vote.

Sununu vetoed 10 other bills from the 2024 legislative session, including ones on issues impacting transgender people, environmental impact, criminal trials and more. None of the Senate’s vetoed bills were overridden.

Charlotte Matherly is the State House reporter for the Concord Monitor and Monadnock Ledger-Transcript in partnership with Report for America. Follow her on X at @charmatherly, or send her an email at cmatherly@cmonitor.com.