House, Senate override two Sununu vetoes on turf fertilizer, agency rules

Oct. 10—CONCORD — The politically divided New Hampshire House of Representatives came together Thursday to override half of 10 House bills Gov. Chris Sununu had vetoed.

When it comes to rebuffing a governor, however, it takes two legislative bodies to tango.

A short time later, the Republican-led Senate Thursday backed up all of Sununu's actions save for two, one that limits the application of turf fertilizer to restrict its application near lakes and ponds (HB 1293) and the other to assert more stakeholder clout when it comes to state agency rulemaking (HB 1622).

Thanks to the votes of House Democrats, Republican Gov. Sununu won fights over his most high-profile vetoes this year, one to ban mask mandates for students in public schools (HB 1093) and the other to allow that bathrooms, locker rooms and state prisons be segregated only to those of the same biological sex (HB 396).

A united group of 12 Senate Republicans backed Sununu to sustain three other vetoes that the House had wanted to set aside.

The bills would have set much stiffer limits on the extent of forever chemicals or PFAS in groundwater (HB 1415), would have allowed medical marijuana retailers to cultivate cannabis in a greenhouse (HB 1581) and would compel all state departments to notify all possible stakeholders about its proposed agency (HB 274).

The Senate also sustained Sununu's vetoes of nine of of its own bills.

Supporters insisted the turf fertilizer limits that take effect next Jan. 1 will help reduce the threat of cyanobacteria blooms that have cropped up in Lake Winnipesaukee and other major bodies of water last summer.

Scientists conclude phosphorus is a major component that chokes off oxygen which can leads to these blooms.

The bill would prevent applying fertilizer within 25 feet of a storm drain and not allow any application anywhere during times when a heavy rain is in the forecast, when the ground is frozen or when grass is not actively growing.

"This bill will help improve and sustain the quality of water in our state," said Rep. Jim Creighton, R-Antrim and vice chairman of the House Environment and Agriculture Committee that endorsed it, 20-0.

Rep. Mike Bordes, R-Laconia, said the bill was riddled with exemptions such as those for golf courses and sod farms. He charged that it would do little to prevent the spread of these green-colored algae blooms.

"We have a major cyanobacteria issue here, but this bill will not help. This is a toothless bill that will not be enforced," Bordes said.

Rep. Carroll Brown, R-Bristol, a retired staffer with the Department of Environmental Services, said phosphorous has been largely eliminated from fertilizer sold at the retail level.

"Take a sample at the lake and if it is X, you can't say where that phosphorus came from," Brown said.

The House voted, 232-99, to override this veto and the Senate agreed by a 22-1 margin with only Sen. Keith Murphy, R-Manchester, backing up Sununu.

The agency rulemaking bill will permit stakeholders who sue over a state agency regulation to be paid their legal fees if they prevail in court.

It also requires agencies to refund any fees covered under an agency rule that has expired.

The House voted, 318-11, to override the veto and the Senate followed suit by a 23-0 margin.

Biological sex bill

A coalition of civil rights groups had urged Sununu to veto a biological sex bill and charged that it targeted transgender youths and adults.

In his veto, Sununu said the language would violate the law he signed in 2018 to ban the discrimination against students on the basis of sexual orientation and gender identity.

"The challenge with HB 396 is that in some cases it seeks to solve problems that have not presented themselves in New Hampshire, and in doing so invites unnecessary discord," Sununu said.

House Deputy Majority Leader Jim Kofalt, R-Wilton, and the bill's prime sponsor, pleaded with the House to reject Sununu's veto.

"The message was, 'Don't hate us' and that struck me because my response (was), 'I don't hate, you, I never have,' and yet that is how that bill is being framed," Kofalt said.

"I think on many issues both on the left and the right we are taught to believe that if we differ on policy, we must hate each other; that is not true."

Rep. Shelley Devine, D-Nashua, said the bill would endorse intolerance.

"The message is, 'You're a freak; what are you doing here?'" Devine said.

The House vote to override this veto was 164 in support and 168 against it.

The four House Republicans joining all Democrats against the biological sex bill were Reps. Dan Wolf of Newbury, Josh Yokela of Fremont, Sherry Gould of Bradford and Bordes.

On mask mandates, Rep. Arlene Quaratiello, R-Atkinson, said since the COVID-19 pandemic, many studies have concluded student learning suffered due to these restrictions.

"No one, especially a child, should be forced to do something that could cause him or her to face physical or emotional harm," she said.

Rep. Peggy Baldwin, D-Rye, said the bill would infringe on local control.

"No one can predict what will happen in the future, best practices in health and disease prevention continue to be based on scientific advances," Baldwin said.

On this issue, 160 wanted to override the veto while 172 did not.

Only one House Democrat, Rep. Jonah Wheeler of Peterborough, backed the ban on masks in schools while nine House Republicans supported Sununu's veto on this issue.

klandrigan@unionleader.com