By KATHARINE WEBSTER, InDepthNH.org
After unanimously rejecting an attempt to impeach Executive Councilor Karen Liot Hill on Friday, the House Judiciary Committee narrowly dispatched bills on pregnancy resource centers, discrimination against people with disabilities, and liability for lingering PFAS contamination.
Committee Chair Bob Lynn, R-Windham, sided with Democrats on a 9-8 vote against a bill that would have prohibited the state from requiring pregnancy resource centers to inform women about the availability of abortion, “chemical abortion” (more commonly known as the morning-after pill) and birth control.
The sponsor of House Bill 1416, Rep. Samuel Farrington, R-Rochester, called it a free speech and religious freedom measure that would also prevent the government from requiring the centers to provide referrals for patients seeking abortions and birth control. Most, if not all, such centers are run by groups that oppose abortion.
“It does not regulate abortion. It does not prevent women from accessing abortion services,” Farrington said. “Fundamentally, this is a free speech bill” aimed at countering pro-choice groups’ claims that pregnancy resource centers are “deceptive, scamming” propaganda outlets for the pro-life movement.
Rep. Timothy Horrigan, D-Durham, argued that after Vermont passed a law regulating pregnancy resource centers, it was sued by a national organization representing the centers, and legislators there ended up virtually undoing all of the regulations – so New Hampshire legislators are unlikely to follow suit.
He also argued that Farrington’s bill was unnecessary because the centers are already unregulated in New Hampshire.
Lynn, a former chief justice of the state Supreme Court, agreed with Horrigan and joined the Democratic minority in recommending against the bill, 9-8.
Lingering Contamination from ‘Forever Chemicals’
A bill that would have held companies like Saint Gobain liable for lingering contamination by the “forever chemicals” per- and polyfluoroalkyl substances, or PFAS, at closed sites was voted down along party lines 9-8, with the Republican majority prevailing.
Democrats argued that House Bill 1389 would plug a hole in existing law by clarifying that companies like Saint Gobain, which closed its Merrimack plant in May 2024 and completed demolition last summer, can be held liable for any remaining infrastructure or equipment that continues to contaminate the surrounding soil and water.
Currently, Saint Gobain is responsible under a consent decree with the state for providing clean drinking water to people whose wells were contaminated above a certain level.
Rep. Paul Berch, D-Westmoreland, said that’s not enough, citing remaining pipes and the concrete pad saturated with PFAS that will continue to contaminate the soil and groundwater for the foreseeable future.
“The kidney cancer rate is just horrible, and these are long-term problems and they’re not going away,” he said. “The people who caused this massive harm to our neighbors and our neighbors’ children need to be (held) responsible.”
But Rep. Dennis McFarlane, R-Orange, argued that the bill would impose strict liability on smaller businesses, based on rules meant for hazardous waste disposal sites. Other Republicans, including Lynn, also said they could not support punishing “legacy” businesses retroactively for practices that weren’t illegal at the time.
“It would be significantly destabilizing to certain businesses and properties, and potentially residential properties,” McFarlane said.
Disability Rights
The committee also rejected another bill that would prohibit discrimination against people with disabilities by organizations that receive state or federal funding. It’s modeled on a 1973 federal law.
Democrats argued that it was necessary and a “no-brainer,” and would allow state residents with disabilities to sue in state court over denial of equal access to education, housing, employment, health care and public services.
Republicans said it was unnecessary because it repeats rights that are already enshrined in federal law. McFarlane called it “a solution looking for a problem.”
But Horrigan said that the federal government can no longer be relied upon to enforce those rights.
“The current administration has a somewhat different philosophy than previous administrations have,” Horrigan said, noting that about one in eight state residents have some form of disability.
After an emotional discussion, it was voted “inexpedient to legislate.”
Less Controversial Bills Approved
The committee did recommend two bills. HB 1593 would establish a legislative commission to investigate setting up a special court, similar to Delaware’s, to deal with commercial and corporate litigation.
Republicans said it would make New Hampshire more business-friendly, while Democrats suggested it would make more sense to set up a commission next year, as some members could have to drop out after the fall elections.
House Bill 1384 would require people involved in civil lawsuits to disclose litigation financing by third parties associated with a hostile foreign country, such as China or Russia.
Democrats suggested it could require parties to prove that they’re not using illegal, third-party financing, dragging out civil cases and making them more expensive.
Republicans said lawyers could be disbarred for lying about who is funding a lawsuit, so they would be unlikely to accept cases with funding by prohibited third parties.