Sununu Veto of Cyanobacteria-Related Bill Overridden; Most Sustained on Veto Day

CONCORD – Gov. Chris Sununu’s veto of a bill related to reducing cyanobacteria in the state was overridden by the House and Senate which met for the last time this session Thursday known as Veto Day to go over 15 vetoes.

The bill will go into effect Jan. 1 and prohibit some fertilizers on grass turf from being applied within 25 feet of a storm drain or body of water.

Fertilizers are linked to the growing problem of cyanobacteria blooms in state waters, which can have toxic properties which can kill pets and sicken people and reduce property values.

It also requires retailers to properly notify potential buyers of the new law with store labeling.

The outgoing Republican governor wrote in his veto message that the bill was too broad, vague and unenforceable.

But both chambers overrode the veto on House Bill 1293 on a vote of 232-99. The Senate voted 22-1 with Sen. Keith Murphy, R-Manchester, the lone supporter of the veto in that chamber.

State Sen. Kevin Avard, R-Nashua, was excused for the day.

The bill sailed through both chambers without a fight. Sununu, who is not running for reelection, publicly confronted the state Department of Environmental Services on its messaging over cyanobacteria in August.

On Monday, in anticipation of the veto override vote, state Rep. Rosemarie Rung, D-Merrimack, a co-sponsor said at least about half the House would be supporting the veto.

“The House Democratic caucus is united on the override vote as we understand how the improper use of phosphate-containing fertilizers can ultimately increase the rate and severity of cyanobacteria blooms, which will continue to increase and detrimentally impact the health of people, animals, the environment and our state’s economy without this legal intervention,” Rung said.

State Rep. Peter Bixby, D-Dover, who said he was prime sponsor of the committee amendment on HB 1293, said the “governor simply does not know what he is talking about,” in terms of cyanobacteria.

The compliance mechanism clearly stated in the bill is consumer education. Storm drains run into the affected watersheds and are a conduit for fertilizer run-off, Bixby said before the vote.

“We worked very carefully with DES to get the watershed aspects of the bill correct,” and to make sure that all fertilizer definitions and statutes meet the recommendations of the national organization that sets fertilizer standards. Contrary to the governor’s suggestion in his veto message, there is no mechanism for telling on your neighbor. We have to depend on people learning what the right way to fertilize a lawn is by getting the appropriate information from retailers. Most people, when they learn what the right thing to do is, will do their best to do it.”

Andrea LaMoreaux, president of the NH Lakes Association, said “the education component of this bill is critical. Many property owners across the state do not know how to apply fertilizer correctly or that applying it improperly, at the wrong time, or in the wrong location can ultimately pollute our lakes.”

She said cyanobacteria blooms are increasing in frequency and duration in lakes, and phosphorus pollution is a contributing factor.

She added the bill is based on laws that are in place in many other states to protect lake health and added many local lake associations and residents were reaching out to their legislators encouraging them to override the veto.

In the House, supporters of the governor’s veto said there was no penalty associated with the bill and it would lead to neighbors ratting out neighbors and was unenforceable.

The Senate failed to override any of their Senate bills vetoed by the governor on partisan lines but the House overrode five of the governor’s vetoes on House Bills.

Still, the state Constitution requires that overrides on governor’s vetoes can only be achieved on a two-thirds basis by both chambers.

Also overridden was House Bill 1622 relative to administrative rulemaking and license renewals by the Office of Professional Licensure and Certification on a vote of 318 to 11. In the Senate, the vote was 23-0.

A bill which would allow therapeutic cannabis growers to have new, outdoor cultivation locations under HB 1581, was overridden in the House on a vote of 270-55 but the Senate, however, failed to override with a 9-14 vote.

Another bill had a similar fate.

It was HB 1415, relative to PFAS facility liability. In the House the vote to override was 289 to 38.

Sen. Shannon Chandley, D-Amherst, said the bill would hold businesses accountable for polluting public water, air and soil.

“We have a responsibility to right this wrong,” she said, making this a deterrent to potential polluters.

“We must empower (the Department of Environmental Services) to hold manufacturers accountable,” she said.

Senate President Jeb Bradley, R-Wolfeboro, also spoke and said he did not want to disagree with Chandley but there is a problem with the bill. He said the definitions are in conflict with a bill (HB 1649) which recently passed into law.

“What I would urge is for those of you to come back next year and work on this issue,” the outgoing Bradley said. The Senate did not override the governor’s veto on a 6-17 vote.

One bill which Democrats supported was HB 396 relative to permitting classification of individuals based on biological sex.

The governor said it was in conflict with the 2018 measure he supported which extends protections to the LGBTQ+ community. The governor’s veto was sustained.

Deputy House Majority Leader Jim Kofalt, R-Wilton said of HB 396 after the vote: “When a young mother tearfully shares her story of her daughter facing bullying by a male student in a girls’ locker room, we have a responsibility to listen and respond to those concerns. While I am disappointed in the outcome of today’s vote, House Republicans sent a clear message to all the parents trying to navigate these difficult circumstances: ‘We hear you, and we will continue to stand with you.'”

“HB 396 was an attempt to navigate a difficult and nuanced issue in a way that recognizes the importance of local control and encourages flexible solutions. While it’s not easy to get to win-win solutions, especially in today’s highly polarized political climate, I will continue to seek outcomes that protect the rights and dignity of everyone in our state,” he said.

Also sustained was a veto on HB 194 requiring the director of division of historical resources to compile and maintain a list of public monuments and requiring legislative approval of the amendment or permanent removal of any existing historical markers.

Gov. Sununu, in his veto message, said the bill blurred the line between legislative and executive branches of government in allowing the legislature to vote on such things.

Also sustained in the House was HB 1187 relative to prohibiting lease agreements of equipment for building.

For the Senate, it was a farewell day for retiring longtime state Sen. Lou D’Allesandro, D-Manchester.

Also thanked for service were Senators who are not seeking re-election. They are Sen. Becky Whitley, D-Hopkinton, Sen. Carrie Gendreau, R-Littleton and Bradley.

Bradley said in his retirement, he and his wife plan to visit every state house in the country.

Correction: A previous version misstated the vote on HB 1622 in the Senate. The Senate vote was 23-0 to override.