Bill Text: NH HB480 | 2012 | Regular Session | Introduced


Bill Title: Establishing a state renovation, repair, and painting (RRP) rule program relative to lead-safe practices.

Spectrum: Bipartisan Bill

Status: (Failed) 2012-01-04 - House Inexpedient to Legislate: Motion Adopted Voice Vote; House Journal 7, PG.393-394 [HB480 Detail]

Download: New_Hampshire-2012-HB480-Introduced.html

HB 480-FN – AS INTRODUCED

2011 SESSION

11-0562

01/10

HOUSE BILL 480-FN

AN ACT establishing a state renovation, repair, and painting (RRP) rule program relative to lead-safe practices.

SPONSORS: Rep. DiPentima, Rock 16; Rep. Millham, Belk 5

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill establishes a state renovation, repair, and painting (RRP) rule program to implement the Environmental Protection Agency’s RRP rule program.

This bill is a request of the department of health and human services.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0562

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT establishing a state renovation, repair, and painting (RRP) rule program relative to lead-safe practices.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Lead Paint Poisoning and Control; Definition Added. Amend RSA 130-A:1 by inserting after paragraph II the following new paragraph:

II-a. “Child-occupied facility” means a building, or portion of a building, as defined by the United States Environmental Protection Agency under 40 C.F.R. 745.83.

2 New Paragraphs; Lead Paint; Definitions Added. Amend RSA 130-A:1 by inserting after paragraph XXI the following new paragraphs:

XXII. “Renovation” means the modification of any existing structure, or portion thereof, as defined by the United States Environmental Protection Agency under 40 C.F.R. 745.83, that results in the disturbance of painted surfaces, unless that activity is performed as part of lead hazard reduction activities as defined by this chapter.

XXIII. “Renovation firm” means a company, partnership, corporation, association, sole proprietorship or individual doing business, or other business entity; a federal, state, tribal, or local government agency; or a nonprofit organization performing renovations as defined in paragraph XXII.

XXIV. “Renovator” means an individual who either performs or directs workers who perform renovations. A certified renovator is a renovator who has successfully completed a renovator course accredited by the United States Environmental Protection Agency (EPA) or an EPA-authorized state or tribal program.

3 Lead Paint; Duties of the Commissioner. Amend RSA 130-A:2, I(a)-(e) to read as follows:

(a) License in accordance with RSA 130-A:12, I, or deny or revoke the licensure of, any lead inspector, lead risk assessor, [or] lead abatement contractor, or renovation firm advertising, offering, or otherwise making available services in the state of New Hampshire, whether or not the inspector, contractor, [or] lead risk assessor, or renovation firm is incorporated in the state.

(b) Certify employees of owners or managers of dwellings, dwelling units, or child care facilities, and of [lead abatement] contractors, who are engaged in lead base substance abatement, or refuse to provide or revoke such certification. Separate certificates shall be issued to workers who supervise other certified workers, to renovators, and to lead clearance testing technicians.

(c) Collect fees for the issuance of licenses and certificates under RSA 130-A:2, I(a), (b), and (h).

(d) Adopt rules required under this chapter.

(e) Implement public education programs for the general public, for owners, managers and occupants of dwelling and dwelling units, for owners and operators of child care facilities, and for physicians and other health care workers providing services to children concerning the prevention and treatment of lead poisoning and relative to the provisions of this chapter and the reporting of lead poisoning under RSA 141-A, and public education programs for renovators, owners, managers, and occupants of dwelling and dwelling units, and owners and operators of child occupied facilities concerning the prevention of lead poisoning relative to renovations.

4 Lead Paint; Duties of Commissioner. Amend RSA 130-A:2, I(h) to read as follows:

(h) Certify training programs for lead abatement contractors, lead inspectors, lead risk assessors, lead clearance testing technicians, renovators, and lead abatement workers.

5 New Subparagraph; Lead Paint; Duty of Commissioner Added. Amend RSA 130-A:2, I by inserting after subparagraph (l) the following new subparagraph:

(m) Develop and implement, in accordance with RSA 130-A:5, an investigation and enforcement program for renovation.

6 Lead Paint; Duties of Commissioner. Amend RSA 130-A:2, II to read as follows:

II. The commissioner may establish, in accordance with rules adopted under RSA 541-A, a notification program relative to lead base substance inspection and abatement or renovation activities.

7 New Paragraph; Lead Paint; Investigations. Amend RSA 130-A:5 by inserting after paragraph II the following new paragraph:

II-a. The commissioner shall investigate reported violations of renovation requirements under RSA 130-A:10, XVI. The commissioner shall also investigate the activities of renovation firms when there is reason to believe that there exists a violation of renovation requirements under RSA 130-A:10, XVI that may result in a lead exposure hazard. Such investigation activities shall include, but not be limited to:

(a) Requiring information from renovation firms and renovators, clearance technicians, risk assessors and lead-based paint inspectors involved in renovation of the dwelling, dwelling unit, or child-occupied facility.

(b) Conducting inspections of properties and testing environmental samples.

(c) Issuing orders to stop work, to reduce lead base substance in surface dust under RSA 130-A:1, XI (c) that is in or adjacent to the renovation work area, to comply with RSA 130-A:10, XVI, or issue other remedies to a violation of renovation requirements under RSA 130-A:10, XVI.

8 Lead Paint; Investigations. Amend RSA 130-A:5, III and IV to read as follows:

III. The commissioner may request health authorities to assist in [such] lead poisoning investigations and may require code officials and health authorities to assist in investigations or violations of renovation requirements.

IV. The commissioner may obtain an administrative inspection warrant under RSA 595-B if consent of the property owner or the owner’s agent or the renovation firm for an investigation or inspection is denied.

9 Lead Paint; Inspections; Reference Changes. Amend RSA 130-A:6 to read as follows:

130-A:6 Investigations.

I. The commissioner may, as part of an investigation conducted under RSA 130-A:5, I conduct an inspection of any leased or rented dwelling or dwelling unit during business hours, or at a time mutually agreed upon with the owner or the owner’s agent, for the purposes of identifying the presence of lead base substances. The commissioner shall provide the findings of the inspection to the occupant and to the owner or the owner’s agent. If the leased or rented dwelling has multiple units, and if a lead exposure hazard is determined to exist during an investigation conducted under RSA 130-A:5, the commissioner shall conduct inspections of all other dwelling units of the leased or rented dwelling with the owner or owner’s agent for the purposes of identifying the presence of lead base substances. The commissioner shall provide the findings of the inspection to the occupant and the owner or the owner’s agent. When a lead exposure hazard is determined to exist per RSA 130-A:1, XVI(a), (b), or (c), the commissioner shall issue an order in accordance with RSA 130-A:7 requiring lead hazard reduction to the owner and, if appropriate, to the owner’s agent. When a lead exposure hazard is determined to exist per RSA 130-A:1, XVI(d), the commissioner may issue an order in accordance with RSA 130-A:7 requiring lead hazard reduction to the owner and, if appropriate, to the owner’s agent. The commissioner shall provide a copy of the order to the owner or owner’s agent and to the occupant of the dwelling unit. The commissioner shall notify all tenants of the dwelling of lead exposure hazard findings in common areas. Upon request, the owner or owner’s agent shall provide a copy of the order to the occupants of any dwellings or dwelling units located within the same lot at no charge.

II. The commissioner may, as part of an investigation conducted under RSA 130-A:5, I if the lead-poisoned child spends 10 hours or more a week at the facility, and after making reasonable efforts to notify the owner of a child care facility and the license holder, conduct an inspection of a child care facility constructed prior to 1978, during business hours or at a time mutually agreed to, for the purposes of identifying the presence of lead base substances. The findings of the inspection shall be provided to the owner, to the license holder, and to the health authority. When a lead exposure hazard is determined to exist per RSA 130-A:1, XVI(a), (b), or (c), the commissioner shall issue an order in accordance with RSA 130-A:7 requiring lead hazard reduction to the owner and to the license holder. When a lead exposure hazard is determined to exist per RSA 130-A:1, XVI(d), the commissioner may issue an order in accordance with RSA 130-A:7 requiring lead hazard reduction to the owner and to the license holder. The commissioner shall provide a copy of the order to the owner and to the license holder and a notice of findings, to the state child care licensing unit, and to the health authority. The owner or license holder shall provide notice of the findings of lead hazard exposure, provided by the commissioner, to the parents or guardians of children who use the child care facility.

III. The commissioner may, as part of an investigation conducted under RSA 130-A:5, I and when the child reported under RSA 141-A resides in a dwelling or dwelling unit owned by the child’s parents or guardians, conduct an inspection with the consent of the owner at a time convenient to the owner and provide to the owner the result of the inspection. When a lead exposure hazard is determined to exist, the commissioner shall provide a notice to the owner and shall also provide information on the health consequences of lead poisoning and procedures for lead hazard reduction.

IV. The commissioner may, as part of an investigation carried out under RSA 130-A:5, I conduct an inspection of structures other than the dwelling or dwelling unit of the child and child care facilities used by the child. The inspection shall be conducted with the consent of the owner, manager, or other person in charge of the facility or structure at a time convenient to the owner, manager or other person in charge. Such inspections shall be made only when there are reasonable grounds to suspect that a lead exposure hazard may exist. The commissioner shall provide to the owner, manager or other person in charge the result of the inspection. When a lead exposure hazard is determined to exist, the commissioner shall provide to the owner, manager or other person in charge, the child’s health care provider and the health authority a notice and shall also provide information on the health consequences of lead poisoning and procedures for lead hazard reduction.

V. The commissioner, or designee, may conduct inspections during lead hazard reduction activity to assure that the activity is conducted in accordance with rules adopted under this chapter.

V-a. The commissioner, or designee, may conduct inspections under RSA 130-A:5, II, to assure that a renovation activity is conducted in accordance with rules adopted under this chapter.

VI. Inspections shall be carried out in accordance with rules adopted under RSA 130-A:10.

10 Lead Paint; Enforcement. Amend RSA 130-A:7, IV-VI to read as follows:

IV. Any order issued by the commissioner that requires lead hazard reduction under RSA 130-A:6, I or II shall be binding upon and enforceable against the person to whom the order was issued and any other individual or entity that may acquire ownership of, or an interest in, the property that is subject to the order.

V. Interim controls, as defined in this chapter, may be used as an acceptable alternative to lead hazard abatement only with the prior written approval of the commissioner and if a lead exposure hazard reduction plan or any other subsequent plan is adopted and in place at the department to address compliance with the intent of this section. When interim controls are approved and maintained in response to an order, the person to whom the order was issued, and any other individual or entity that may acquire ownership of the property that is subject to the order, shall submit to the commissioner a certificate of compliance for interim controls from a licensed risk assessor annually prior to the expiration of the current certificate. When a certificate of compliance for interim controls is not issued by a licensed risk assessor prior to expiration of the current certificate or when an inspection by the commissioner, or designee, reveals that the property no longer meets the requirements of interim controls, the commissioner shall require submission of a certificate of compliance for abatement. The commissioner shall adopt rules, under RSA 541-A, for the procedures for interim controls.

VI. Any order issued by the commissioner under RSA 130-A:6, I or II shall be recorded in the registry of deeds for the county in which the property is situated and, upon recordation, the order shall run with the property.

11 Lead Paint; Prohibitions. Amend RSA 130-A:9 to read as follows:

130-A:9 Prohibitions.

I. No person shall perform or cause to be performed lead base substance abatement, in-place management, [or] interim controls, or renovation in a dwelling or dwelling unit, or in any child care facility, in any manner other than as provided for in rules adopted under RSA 130-A:10.

II. No person shall perform or cause to be performed a lead inspection or lead risk assessment or clearance, [as defined in HE-P 1600,] in a dwelling or dwelling unit or in a child care facility in any manner other than as provided for in rules adopted under RSA 130-A:10.

III. No child or pregnant woman shall be present in a leased or rented dwelling or dwelling unit, or in a child care facility, during the period of lead hazard reduction or renovation when the method of reduction or renovation causes the release of lead base substances which may be inhaled or ingested. The dwelling or dwelling unit or the child care facility shall not be reoccupied until an inspection is performed which indicates the lead exposure hazard has been reduced. The commissioner shall include this prohibition in any order issued under RSA 130-A:7.

IV. No person performing inspections or lead risk assessments, as defined in HE-P 1600, for the presence of lead base substances as a lead inspector or lead risk assessor after lead hazard reduction shall perform or have performed the lead hazard reduction.

V. No person shall advertise or otherwise offer or make available services as a lead inspector, lead risk assessor, or renovation firm, or lead abatement contractor without being licensed under RSA 130-A:12.

VI. No person shall engage any individual for lead base substance abatement who has not been tested and certified under RSA 130-A:12. However, individuals not certified under RSA 130-A:12, II, may engage in activities related to a lead exposure hazard reduction plan, such as, but not limited to, installation of exterior siding, carpet or paving, or application of encapsulants, provided that the individual does not engage directly in lead based substance abatement and the plan is reviewed and approved by a contractor licensed under RSA 130-A:12, I.

VI-a. No person shall engage any individual as a renovator who has not been tested and certified under RSA 130-A:12. However, an individual not certified under RSA 130-A:12, II is permitted under RSA 130-A:10, XVI to engage in renovation activities if he or she is supervised by a renovator certified under RSA 130-A:12, I.

VII. No training program shall be offered in this state for the purposes of training lead inspectors, lead risk assessors, lead abatement contractors, lead clearance testing technicians, or lead abatement workers that has not been certified under RSA 130-A:12.

12 Lead Paint; Rulemaking. Amend RSA 130-A:10, I-IV to read as follows:

I. Qualifications and procedures for licensure of lead inspectors, lead risk assessors, [and] lead abatement contractors, and renovation firms, in accordance with RSA 130-A:12. The rules shall provide for reciprocity with other states having similar standards.

II. Standards and procedures for the testing and certification of lead abatement workers, renovators, and lead clearance testing technicians, in accordance with RSA 130-A:12. The rules shall provide for reciprocity with other states having similar standards.

III. The conduct of inspections and inspection standards for lead inspectors and lead risk assessors and lead clearance testing technicians, including procedures for issuing certificates of inspection and certifications of compliance and for the review and validation of such certificates or certifications by the department for any person who so requests.

IV. Fees to be collected for the issuance of licenses to lead inspectors, lead risk assessors, lead abatement contractors, and renovation firms, for certification of lead abatement workers, renovators, and lead clearance testing technicians, for testing resulting from investigations, for certifications of training programs, exam and training fees, for notifications under RSA 130-A, and other environmental fees. Property owners who own more than 4 but fewer than 7 dwelling units shall pay a fee for licensure which is 1/2 of that paid by other lead abatement contractor licensees. Such reduced fee license shall only be valid for work on dwellings or dwelling units owned by such license holder.

13 Lead Paint; Rulemaking. Amend RSA 130-A:10, XI to read as follows:

XI. Standards for training programs for lead inspectors, lead risk assessors, lead abatement contractors, lead clearance testing technicians, renovators, or lead abatement workers.

14 New Paragraph; Lead Paint; Rulemaking Added. Amend RSA 130-A:10 by inserting after paragraph XV the following new paragraph:

XVI. Procedures for renovation of interior and exterior surfaces, to include lead safe work practices, clearance, dust testing, pre-renovation education, and spot test kits. The procedures shall include the measures necessary to protect the health and safety of occupants and renovation workers and to control the release of lead base substances to the environment.

15 New Paragraph; Lead Paint; Application. Amend RSA 130-A:11 by inserting after paragraph III the following new paragraph:

IV. Code authorities in municipalities other than those adopting this chapter under RSA 130-A:11, II, may, upon request to and approval by the commissioner, carry out investigations and issue orders under RSA 130-A:5, II, conduct inspections under RSA 130-A:6, VI, and issue notices of violation under RSA 130-A:7, I.

16 Lead Paint; Licensure; Renovators Added. Amend RSA 130-A:12, I-III to read as follows:

I.(a) A license to perform as a lead abatement contractor, lead inspector, [or] lead risk assessor, or renovation firm, shall be issued in writing by the department in accordance with rules adopted under RSA 130-A:10, I. The license shall be valid for 12 months from the date of issuance, shall contain the expiration date, and shall contain the official signature of the commissioner or designee. The license or a certified copy of the license shall be available for inspection at any worksite during the period of work of the lead abatement contractor, lead inspector, or lead risk assessor.

(b) Any owner who owns 4 or fewer dwelling units shall not be required to obtain a lead abatement contractor license to perform lead abatement on such owner’s dwellings or dwelling units, provided that such owner shall comply with all rules adopted under RSA 130-A:10, I.

II. Lead abatement workers, renovators, and lead clearance testing technicians shall first obtain a certification from the department. The certification shall be issued in accordance with rules adopted under RSA 130-A:10, II. The certificate shall be in writing, shall be valid for a period of 12 months from the date of issuance, and shall contain the official signature of the commissioner or designee. The certificate or a certified copy of the certificate shall be available for inspection at any worksite where the individual is performing lead base substance abatement [or conducting] clearance testing, or renovations.

III. Training programs offered in New Hampshire for lead abatement contractors, lead inspectors, lead risk assessors, and individuals seeking certification as lead abatement workers [or], lead clearance testing technicians or renovators shall first be certified by the department in accordance with rules adopted under RSA 130-A:10, XI. Such certification shall be in writing, shall be valid for a period of 12 months from the date of issuance, and shall contain the official signature of the commissioner or designee. The certification or a certified copy of the certificate shall be available for inspection during any period of training.

17 Lead Paint; Notification Program. Amend RSA 130-A:13 to read as follows:

130-A:13 Notification Program. The commissioner may, if necessary, institute a program requiring the notification to the department of all inspections for lead base substances carried out by lead inspectors, risk assessments carried out by lead risk assessors, and of all lead hazard reduction activities conducted on child care facilities and on leased or rented dwelling and dwelling units, carried out by lead abatement contractors or by lead abatement workers. The commissioner may, if necessary, institute a program requiring periodic notification to the department, upon request, of renovation activities to be conducted by renovation firms. The program shall be conducted in accordance with rules adopted under RSA 130-A:10, VII, and the commissioner shall collect fees for notifications. The commissioner may conduct inspections of such activities as necessary to assure that the provisions of this chapter and rules adopted under it are carried out.

18 Lead Paint; Lead Poisoning Prevention Fund. Amend RSA 130-A:15 to read as follows:

130-A:15 Lead Poisoning Prevention Fund. There is hereby established the lead poisoning prevention fund to be used to carry out the provisions of this chapter. The fund shall be composed of [fees,] fines, lead abatement and renovation licensing and certification fees, fees for services, gifts, grants, donations, bequests, or other moneys from any public or private source and shall be used to implement and encourage lead paint removal and education, and to support program staff and administrative costs. The fund shall be nonlapsing and shall be continually appropriated to the commissioner of the department of health and human services for the purposes of this chapter.

19 Effective Date. This act shall take effect July 1, 2011.

LBAO

11-0562

Revised 01/27/11

HB 480 FISCAL NOTE

AN ACT establishing a state renovation, repair, and painting (RRP) rule program relative to lead-safe practices.

FISCAL IMPACT:

The Department of Health and Human Services, Judicial Branch, New Hampshire Association of Counties, and New Hampshire Municipal Association state this bill will increase state revenue and state, county and local expenditures by an indeterminable amount in FY 2012 and in each year thereafter. There will be no fiscal impact on county or local revenues.

METHODOLOGY:

The Department of Health and Human Services states this bill seeks the delegation of the US Environmental Protection Agencies Renovations, Repair, and Painting rule to the state by establishing a state program that is at least as restrictive as the federal program. The program established by this bill will require individuals working for hire who disturb painted surfaces in child occupied facilities or homes built prior to 1978 to be a certified renovator or be supervised by a certified renovator. Certification can only be achieved through training provided by an accredited trainer. The Department states the workforce regulated by this proposal would include renovation and remodelers, maintenance personnel, painters, carpenters, electricians, plumbers, roofers, and window and siding installers. The Department is not able to estimate how many firms and individuals would be covered by this bill, but based on estimates by the National Center for Healthy Housing, Inc. using EPA methodology, the Department assumed there will be 4,329 firms and 4,825 individuals requiring certification. The Department states revenue from initial application and annual certification fees assessed to firms, individuals and training providers would be deposited into the Lead Poisoning Prevention Fund to support this program. The proposed fee amounts are:

Initial fee per firm: $100 Annual fee per firm: $50

Initial fee for individual renovator: $25 Annual fee for individual renovator: $25

Training provider accreditation fee initial and annual: $500

For comparison purposes, the current EPA fees are:

Certified firms: $300 renewed every 5 years

Training provider accreditation: $560 initial and $400 annually

Fines issued by the EPA are up to $37,500 per incident

The EPA does not charge a fee for individual renovators.

The cost of administration would be covered by the fees and will include licensing, certification and compliance activities. The Department assumes 4 full-time positions and one half-time shared position would be needed to administer the program. The positions are detailed in the following table:

Position Information

FY 2012

FY 2013

FY 2014

FY 2015

Environmentalist III - labor Grade 23

$41,086

$42,841

$44,752

$46,722

Benefits

$23,867

$25,819

$27,993

$30,369

Environmentalist III Total

$64,953

$68,660

$72,745

$77,101

License Evaluation Coordinator - labor grade 20

$36,289

$37,849

$39,390

$41,086

Benefits

$22,909

$24,825

$26,926

$29,247

License Evaluation Coordinator Total

$59,198

$62,674

$66,316

$70,333

Program Assistant I - labor grade 12

$26,539

$27,514

$28,645

$29,718

Benefits

$20,963

$22,767

$24,786

$29,984

Program Assistant I Total

$47,502

$50,281

$53,431

$59,702

License Clerk – labor grade 11

$25,584

$26,539

$27,514

$28,645

Benefits

$20,772

$22,573

$24,561

$26,770

License Clerk Total

$46,356

$49,112

$52,075

$55,415

Half-time, Legal Assistant labor grade 19

$17,433

$18,145

$18,925

$19,695

Benefits (Allocated)

$11,313

$12,266

$13,319

$14,465

Legal Assistant labor Total

$28,746

$30,411

$32,244

$34,160

In addition the Department anticipates there will be operating and start up costs including equipment and an information management system. The Department would create an information system by adapting a similar existing system used by the Bureau of Radiological Health. The Department estimates the initial system cost at $150,000 with ongoing costs of $20,000 to $30,000 in future years for maintenance. Based on these assumptions, the Department estimates the revenues and expenditures for the program to be as follows:

FY 2012

FY 2013

FY 2014

FY 2015

Revenues:

Individual initial fee $25 x 4,825

$120,625

New individual applicants (5%) $25 x 241

$6,031

$6,031

$6,031

Individual annual fee $25 x 4,825

$120,625

$126,656

$132,687

$138,718

Firms initial fee $100 x 4,329

$432,900

Firms new applicants (5%) $100 x 216

$21,600

$21,600

$21,600

Firms annual fee $50

$216,450

$227,250

$238,050

$248,850

Training provider accreditation 13 x $500

$6,500

$6,500

$6,500

$6,500

Fine revenue to be determine through rules

tbd

tbd

tbd

tbd

Total Revenues:

$897,100

$388,037

$404,868

$421,699

Expenditures

Total Salaries:

$146,931

$152,888

$159,226

$165,866

Total Benefits:

$99,824

$108,250

$117,585

$130,835

Current Expenses – Phone, supplies, postage.

$9,000

$9,000

$9,000

$9,000

Equipment - computers & office equipment

$15,750

In State Travel - Environmentalist, License Evaluation Coordinator and Legal Assistant

$2,500

$2,500

$2,500

$2,500

Office Rent

$32,301

$32,787

$33,443

$34,110

Information Management System

$150,000

$25,000

$25,000

$25,000

Estimated Expenditures

$456,306

$330,425

$346,754

$367,311

Net State Impact:

$440,794

$57,612

$58,114

$54,388

The Department states that the EPA issues fines of up to $37,500. The Department assumes that in addition to the potential revenues above, there will be some fine revenue. The Department indicated the fines would be established through rulemaking, could be lower then the federal fines, and New Hampshire could offer a more efficient and timely administrative appeals process. The Department indicated the EPA is considering expanding the federal program to require clearance after high risk jobs. If this change occurs, the Department assumes New Hampshire would add to its program and there would be an increase in demand for certifications for lead sampling technicians, risk assessors, and lead based paint inspectors. The Department assumes that since this testing could be performed by employees of the renovation firm, this would not significantly increase the number of firms.

The Judicial Branch states this bill could increase state expenditures in three areas: administrative fines are appealable to the Supreme Court, violations of the new provision could result in unspecified misdemeanor prosecutions, and civil actions including requests for injunctive relief could be brought in the superior court. The Branch has no information on how many administrative appeals to the Supreme Court. The Supreme Court has discretionary review and may accept the appeal for full review, limited review, or decline the appeal, but one full review could result in a fiscal impact in excess of $10,000. The Branch has no information to estimate how many new class A or class B misdemeanors would be brought as a result of RSA 169-C:31,II. The Judicial Branch does, however, have information on the average cost of processing a class A or class B misdemeanor in the district court. The Branch states the average cost to the Branch of an average class A misdemeanor will be $60.03 in FY 2012 and $60.88 in FY 2013 and each year thereafter. The Branch states the average cost to the Branch of an average class B misdemeanor will be $43.58 in FY 2012 and $44.34 in FY 2013. However, the Branch notes the possibility of appeals increases the likelihood that the fiscal impact on the Branch will exceed $10,000. The Branch is not able to estimate the number of possible civil actions that might be brought under RSA 130-A:17, but assumed these could be classified as a complex civil action or in the case of a request for injunctive relief, as a complex equity case. The cost to the Judicial Branch of an average complex civil case is projected to be $640.23 in FY 2012 and $648.08 in FY 2013. The cost of an average complex equity case is estimated to be $589.85 in FY 2012 and $595.70 in FY 2013.

The New Hampshire Municipal Association states section 8 of the bill adds language authorizing the commissioner of health and human services to require code officials and health authorities to assist in investigations or violations of renovation requirements. The Association indicated this provision will increase municipal expenditures by an indeterminable amount.

The New Hampshire Association of Counties indicated that there are only two counties with child care facilities in county owned buildings and both are operated by private child care providers. The Association is unable to determine if any future renovations would be done at those sites or how the bill might impact the cost of renovations.

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