Bill Text: NH SB247 | 2017 | Regular Session | Introduced
Bill Title: Preventing childhood lead poisoning from paint and water and making an appropriation to a special fund.
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Engrossed - Dead) 2017-11-16 - Committee Report: Ought to Pass with Amendment #2017-2513h (NT) for 01/03/2018 (Vote 23-3; Regular Calendar) [SB247 Detail]
Download: New_Hampshire-2017-SB247-Introduced.html
SB 247-FN-A - AS INTRODUCED
2017 SESSION
17-0979
01/10
SENATE BILL 247-FN-A
AN ACT preventing childhood lead poisoning from paint and water and making an appropriation to a special fund.
SPONSORS: Sen. Feltes, Dist 15; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5; Sen. Kahn, Dist 10; Sen. Soucy, Dist 18; Sen. Watters, Dist 4; Rep. Nelson, Carr. 5; Rep. Messmer, Rock. 24; Rep. LeBrun, Hills. 32
COMMITTEE: Health and Human Services
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ANALYSIS
This bill makes various changes in the laws regarding lead. Some of the changes are as follows:
I. Changes the blood levels for investigations of cases of lead poisoning in children.
II. Requires testing for blood lead levels in children at the age of one and 2.
III. Establishes a remediation of lead in water and multifamily housing fund and makes an appropriation for the purposes of the fund.
IV. Establishes an essential maintenance practices program to prevent childhood lead poisoning in pre-1978 rental properties and child care facilities.
V. Requires insurance coverage for blood lead level testing.
VI. Requires certain notification regarding lead for the purchase and sale of certain real estate.
VII. Requires testing for lead in drinking water in child care facilities and schools.
VIII. Clarifies certain rental practices.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0979
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Lead Paint Poisoning Prevention and Control; Renovation, Repair and Painting Program. Amend RSA 130-A:2, I by inserting after subparagraph (l) the following new subparagraph:
(m) Adopt rules pursuant to RSA 541-A and take all other actions necessary to receive delegation of the federal Renovation, Repair and Painting Program, for the purpose of implementing the federal Renovation, Repair and Painting Program co-extensive with, and under no circumstances more stringent than such federal program, and with any revenues generated for the state to be deposited in the lead poisoning prevention fund, established in RSA 130-A:15.
2 Lead Paint Poisoning Prevention; Blood Lead Level; Investigations. Amend the introductory paragraph of RSA 130-A:5, I to read as follows:
I. The commissioner shall investigate cases of lead poisoning in children reported under RSA 141-A whose blood lead level meets or exceeds [10] 5 micrograms per deciliter of whole venous blood, as reported on 2 separate tests except that a blood lead level may be designated as elevated by the health care provider when the level reported meets or exceeds [10] 5 micrograms per deciliter on the first venous test. With such a declaration, a second test shall not be required. The commissioner may also conduct investigations when there is reason to believe that a lead exposure hazard, as defined in RSA 130-A:1, XVI(b) and (d), for a child exists. Such investigations shall include, but not be limited to:
3 Lead Paint Poisoning Prevention and Control, Testing for Blood Levels. Amend RSA 130-A:5-a to read as follows:
130-A:5-a Universal Testing; Health Care Providers; Not Liable. All health care providers who provide primary medical care shall [ensure that parents and guardians of children 6 years of age or younger are advised of the availability and advisability of screening and testing their children for lead in accordance with this chapter] conduct blood testing of all one and 2-year old patients to determine a blood lead level. A health care provider shall not be liable for not performing a [screening or confirmation] test for blood lead level when a parent or guardian has been informed of the [availability and advisability of screening] blood test requirement and has refused to consent or has failed to follow through in response to a referral for a [screening or confirmation] test. Nothing in this section shall prevent a health care provider from recommending blood testing for children younger than one year or older than 2 years should circumstances, including potential lead hazard exposures, warrant such testing.
4 New Section; Lead Paint Poisoning Prevention and Control; Blood Lead Testing. Amend RSA 130-A by inserting after section 5-b the following new section:
130-A:5-c Blood Lead Testing.
I. All parents or legal guardians shall have their children who are residing in this state tested for blood lead level at the ages of one and 2. Effective July 1, 2019, no child 6 years old or younger shall be admitted or enrolled in any school or child care agency, public or private, unless it is demonstrated that such child has been tested for blood lead level at the ages of one and 2 or, should it not be possible to demonstrate testing at these ages, testing on at least one occasion prior admission or enrollment shall be performed. Notwithstanding the foregoing, parents shall be provided a period of 30 days following admission or enrollment to obtain a blood lead level test or documentation of an appointment within 30 days or to obtain and provide proof of testing.
II. The requirements for admission or enrollment contained in this section shall not apply if the parent or guardian executes and provides to the school or child care agency a form prepared by the department acknowledging that he or she understands the benefits of blood lead testing and is affirmatively refusing such testing. Such form shall be prepared by the department, in coordination with the department of education, no later than March 1, 2019 and shall contain information regarding the health risks associated with childhood lead poisoning and the health benefits of blood lead testing.
III. A child shall be exempt from this required blood lead level testing if a parent or legal guardian objects to such testing because of religious beliefs and provides sworn statement to such effect or if a physician licensed under RSA 329, or a physician exempted under RSA 329:21, III, certifies that blood lead level testing may be detrimental to the child's health. The latter exemption shall exist only for the length of time that, in the opinion of the physician, testing would be detrimental to the child.
5 New Paragraph; Lead Paint Poisoning Prevention and Control; Rulemaking. Amend RSA 130-A:10 by inserting after paragraph XV the following new paragraph:
XVI. Procedures modifying the department's enforcement approach, with respect to multi-unit dwellings, to allow lead hazard reduction orders to immediately address common areas and units occupied by children, and to address units not occupied by children at the time of tenant turnover.
6 Lead Paint Poisoning Prevention and Control; 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 and other designated activities. The fund shall be composed of fees, fines, 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.
7 New Section; Remediation of Lead in Water and Multifamily Housing Fund. Amend RSA 130-A by inserting after section 15 the following new section:
130-A:15-a Remediation of Lead in Water and Multifamily Housing Fund Established. There is hereby established the remediation of lead in water and multifamily housing fund to be used to for the purposes of remediating lead in water and in multifamily housing. The fund shall be composed of appropriations, gifts, grants, donations, bequests, or other moneys from any public or private source and shall be used to pay costs to remediate lead in water and multifamily housing. 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. In using moneys from the fund for the purpose of remediating lead in multifamily housing the commissioner shall consult with the New Hampshire housing finance authority.
8 New Subparagraph; Application of Receipts; Remediation of Lead in Water and Multifamily Housing Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (333) the following new subparagraph:
(334) Moneys deposited in the remediation of lead in water and multifamily housing fund established in RSA 130-A:15-a.
9 New Subdivision; Essential Maintenance Practices. Amend RSA 130-A by inserting after section 19 the following new subdivision:
Essential Maintenance Practices
130-A:20 Essential Maintenance Practices Established; Rulemaking.
I. There is established an essential maintenance practices program to prevent childhood lead poisoning in pre-1978 rental properties and child care facilities.
II. The department shall adopt rules, pursuant to RSA 541-A, establishing essential maintenance practices for pre-1978 rental properties and child care facilities, including but not limited to the following:
(a) Annual visual inspections of interior and exterior surfaces to be conducted by the owner or his or her delegate to identify and safely repair lead hazards.
(b) Installation of vinyl window-well inserts in windows with wells or sashes containing lead-based paint.
(c) Specialized cleaning at the time of tenant turnover, after any work that disturbs painted surfaces, and at least annually in interior common areas.
(d) The removal of visible paint chips from the ground of outdoor areas within 10 feet of the building, including outdoor porches and stairs, and from any play areas.
(e) Compliance with the federal Renovation, Repair and Painting Program in the event of renovation, repair or painting activities.
(f) Annual certification by the owner that essential maintenance practices have been implemented, with such certification to be notarized and retained for a minimum of 3 years.
III. Exposed lead-based paint on any interior or exterior floor, including, but not limited to, stairs and porches and stairs, shall not be permitted.
IV. Essential maintenance practices shall not apply to pre-1978 rental properties and childcare facilities where a licensed lead inspector has certified that no lead-based paint is present.
V. In the case of residential real property, if the owner demonstrates compliance with essential maintenance practices during the relevant time period concerning a lead-based legal claim, the owner shall not be liable for breach of warranty of habitability and shall also be entitled to an affirmative defense to negligence and RSA 540-A claims.
10 Child Day Care Licensing; License or Permit Suspension, Revocation, or Denial. Amend RSA 170-E:12, XII and XIII to read as follows:
XII. Fails to comply with the corrective action plan submitted by the child day care agency and approved by the department; [or]
XIII. Loses health, safety or zoning approval; or
XIV. Fails to comply with essential maintenance practices and other applicable public health laws and regulations concerning lead.
11 New Paragraph; Residential; Care and Child-Placing Agency Licensing; License or Permit Suspension, Revocation, or Denial. Amend RSA 170-E:35 by inserting after paragraph XV the following new paragraph:
XVI. Fails to comply with essential maintenance practices and other applicable public health laws and regulations concerning lead.
12 New Section; Coverage for Blood Lead Testing; Individual. Amend RSA 415 by inserting after section 6-u the following new section:
415:6-v Coverage for Blood Lead Testing; Individual. Each insurer that issues or renews any individual policy, plan, or contract of accident or health insurance providing benefits for medical or hospital expenses shall provide to persons covered by such insurance who are residents of this state coverage for the costs of blood lead testing conducted pursuant to RSA 130-A:5-a. Benefits provided under this section shall not be subject to any greater co-payment, deductible, or coinsurance than any other similar benefits provided by the insurer.
13 New Section; Coverage for Blood Lead Testing; Individual. Amend RSA 415 by inserting after section 18-z the following new section:
415:18-aa Coverage for Blood Lead Testing; Group. Each insurer that issues or renews any policy of group or blanket accident or health insurance providing benefits for medical or hospital expenses shall provide to each group, or to the portion of each group comprised of certificate holders of such insurance who are residents of this state, coverage for coverage for the costs of blood lead testing conducted pursuant to RSA 130-A:5-a. Benefits provided under this section shall not be subject to any greater co-payment, deductible, or coinsurance than any other similar benefits provided by the insurer.
14 Health Services Corporations; Applicable Statutes; Effective Until January 1, 2021 at 12:01 a.m. Amend RSA 420-A:2 to read as follows:
420-A:2 Applicable Statutes. Every health service corporation shall be governed by this chapter and the relevant provisions of RSA 161-H, and shall be exempt from this title except for the provisions of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415-A, RSA 415-F, RSA 415:6, II(4), RSA 415:6-g, RSA 415:6-k, RSA 415:6-m, RSA 415:6-o, RSA 415:6-r, RSA 415:6-t, RSA 415:6-u, RSA 415:6-v, RSA 415:18, V, RSA 415:18, XVI and XVII, RSA 415:18, VII-a, RSA 415:18-a, RSA 415:18-j, RSA 415:18-o, RSA 415:18-r, RSA 415:18-t, RSA 415:18-u, RSA 415:18-v, RSA 415:18-w, RSA 415:18-y, RSA 415:18-z, RSA 415:18-aa, RSA 415:22, RSA 417, RSA 417-E, RSA 420-J, and all applicable provisions of title XXXVII wherein such corporations are specifically included. Every health service corporation and its agents shall be subject to the fees prescribed for health service corporations under RSA 400-A:29, VII.
15 Health Services Corporations; Applicable Statutes; Effective January 1, 2021 at 12:01 a.m. Amend RSA 420-A:2 to read as follows:
420-A:2 Applicable Statutes. Every health service corporation shall be governed by this chapter and the relevant provisions of RSA 161-H, and shall be exempt from this title except for the provisions of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415-A, RSA 415-F, RSA 415:6, II(4), RSA 415:6-g, RSA 415:6-k, RSA 415:6-m, RSA 415:6-o, RSA 415:6-r, RSA 415:6-u, RSA 415:6-v, RSA 415:18, V, RSA 415:18, XVI and XVII, RSA 415:18, VII-a, RSA 415:18-a, RSA 415:18-j, RSA 415:18-o, RSA 415:18-r, RSA 415:18-t, RSA 415:18-u, RSA 415:18-v, RSA 415:18-w, RSA 415:18-z, RSA 415:18-aa, RSA 415:22, RSA 417, RSA 417-E, RSA 420-J, and all applicable provisions of title XXXVII wherein such corporations are specifically included. Every health service corporation and its agents shall be subject to the fees prescribed for health service corporations under RSA 400-A:29, VII.
16 Health Maintenance Organizations; Statutory Construction; Effective October 1, 2017, at 12:02 a.m. Amend RSA 420-B:20, III to read as follows:
III. The requirements of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415:6-g, RSA 415:6-m, RSA 415:6-o, RSA 415:6-r, RSA 415:6-t, RSA 415:6-u, RSA 415:6-v, RSA 415:18, VII-a, RSA 415:18, XVI and XVII, RSA 415:18-j, RSA 415:18-r, RSA 415:18-t, RSA 415:18-u, RSA 415:18-v, RSA 415:18-w, RSA 415:18-y, RSA 415:18-z, RSA 415:18-aa, RSA 415-A, RSA 415-F, RSA 420-G, and RSA 420-J shall apply to health maintenance organizations.
17 Health Maintenance Organizations; Statutory Construction; Effective January 1, 2021 at 12:01 a.m. Amend RSA 420-B:20, III to read as follows:
III. The requirements of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415:6-g, RSA 415:6-m, RSA 415:6-o, RSA 415:6-r, RSA 415:6-u, RSA 415:6-v, RSA 415:18, VII-a, RSA 415:18, XVI and XVII, RSA 415:18-j, RSA 415:18-r, RSA 415:18-t, RSA 415:18-u, RSA 415:18-v, RSA 415:18-w, RSA 415:18-z, RSA 415:18-aa, RSA 415-A, RSA 415-F, RSA 420-G, and RSA 420-J shall apply to health maintenance organizations.
18 Realty Conveyances and Interests; Notification Required; Lead. Amend the section heading and paragraph I of RSA 477:4-a to read as follows:
477:4-a Notification Required; Radon, Arsenic, and Lead [Paint].
I. Prior to the execution of any contract for the purchase and sale of any interest in real property which includes a building, the seller, or seller's agent, shall provide the following notification to the buyer. The buyer shall acknowledge receipt of this notification by signing a copy of such notification:
"Radon: Radon, the product of decay of radioactive materials in rock, may be found in some areas of New Hampshire. Radon gas may pass into a structure through the ground or through water from a deep well. Testing of the air by a professional certified in radon testing and testing of the water by an accredited laboratory can establish radon's presence and equipment is available to remove it from the air or water.''
"Arsenic: Arsenic is a common groundwater contaminant in New Hampshire that occurs at unhealthy levels in well water in many areas of the state. Tests are available to determine whether arsenic is present at unsafe levels, and equipment is available to remove it from water. The buyer is encouraged to consult the New Hampshire department of environmental services private well testing recommendations (www.des.nh.gov) to ensure a safe water supply if the subject property is served by a private well.''
"Lead [Paint]: Before [1977] 1978, paint containing lead may have been used in structures. Exposure to lead from the presence of flaking, chalking, chipping lead paint or lead paint dust from friction surfaces, or from the disturbance of intact surfaces containing lead paint through unsafe renovation, repair or painting practices, or from soils in close proximity to the building, can present a serious health hazard, especially to young children and pregnant women. Lead may also be present in drinking water as a result of lead in service lines, plumbing and fixtures. Tests are available to determine whether lead is present in paint or drinking water.''
19 New Section; Lead in Drinking Water in School and Child Care Facilities. Amend RSA 485 by inserting after section 17 the following new section:
485:17-a Lead in Drinking Water in Schools and Child Care Facilities.
I. No later than 180 days after the effective date of this section, and within every 5-year period thereafter, public and private schools and licensed and license-exempt child care that have not sampled in the prior 2 years shall test for the presence of lead in drinking water at all locations at the facility that is available for consumption by children. Such testing shall be in accordance with guidance from the department of environmental services. In the event test results demonstrate the presence of lead in a concentration that exceeds the applicable standard established by the Environmental Protection Agency, the school or licensed or license-exempt child care facility shall, within 5 business days, notify parents and guardians and the department of environmental services of the results and shall develop and implement a remediation plan, as approved by the department within 30 days of notification of parents or as soon as practicable, to comply with the standard as well as an interim plan, approved by the department of environmental services within 10 days of notification to parents, to prevent lead exposure prior to completion of remediation. If 3 consecutive rounds of sampling performed every 5 years are below the standard, further testing is not required.
II. Any time the applicable federal standard for lead in drinking water is changed, public and private schools and day care facilities shall within 30 days compare the results of their most recent testing with such new standard and, in the event any such results exceed the new standard, proceed with the requirements of paragraph I relative to notice, remediation and interim measures.
20 New Section; Safe Drinking Water Act; Identification and Disclosure of Lead in Public Water Systems. Amend RSA 485 by inserting after section 23-a the following new section:
485:23-b Identification and Disclosure of Lead in Public Water Systems. By January 1, 2019, all public water systems and privately owned redistribution systems shall make reasonable efforts to identify and publicly disclose all lead components that are in contact with drinking water supplied to customers from their systems and shall make reasonable efforts to prevent elevated lead levels in their systems. These efforts shall include, at a minimum: reviewing applicable system and public records; consulting with system staff; requesting information from customers whose drinking water may be affected; and documenting any new information about lead in their systems. This section shall not require any system to perform excavation or conduct inspections on all customer premises to identify lead components. Subject to the availability of funds, portions of the costs of eliminating lead pipes may be eligible for funding from the drinking water and groundwater trust fund established in RSA 6-D:1.
21 Actions Against Tenants; Termination of Tenancy. Amend RSA 540:2, II(b) to read as follows:
(b) Substantial damage to the premises, or willful creation of a lead hazard exposure as defined in RSA 130-A:1, XVI, by the tenant, members of his or her household, or guests.
22 Prohibited Practices. Amend RSA 540-A:3, V-c to read as follows:
V-c. No tenant shall willfully refuse to comply with reasonable written instructions from a landlord or [pest control operator] contractor acting on behalf of the landlord to prepare the dwelling unit for remediation of an infestation of insects or rodents, including bed bugs, or of a lead exposure hazard, provided that such instructions are given to an adult member of the tenant household such that the tenant household has a reasonable opportunity to comply, and in all cases at least 72 hours prior to remediation.
23 Prohibited Practices. Amend RSA 540-A:3, V-d(a) and (b) to read as follows:
(a) To make emergency repairs pursuant to paragraphs IV and IV-a; [or]
(b) If the landlord has obtained an order authorizing the entry from a court of competent jurisdiction pursuant to RSA 540-A:4; or
(c) To evaluate whether a lead exposure hazard exists after the landlord has been notified of such hazard by the tenant or a public health official, provided that the landlord provides the tenant 48 hours written notice of the time of the inspection.
24 New Section; Testing for Presence of Lead Prior to Leasing Unit Required. Amend RSA 540-A by inserting after section 3 the following new section:
540-A:3-a Testing for Presence of Lead in Drinking Water. Landlords shall test for the presence of lead in drinking water prior to leasing a residential unit to a new tenant, or at any time a child tests positive for lead. If the presence of lead in the drinking water exceeds the standard established by the Environmental Protection Agency, the landlord shall notify the tenant or prospective tenant and, unless the landlord demonstrates that they are not responsible for the lead present in water, shall within 60 days take reasonable remedial action including, but not limited to, the installation of end-of-faucet filtering devices certified to reduce lead by NSF International/American National Standards Institute.
25 New Paragraph; Prohibited Practices. Amend RSA 540-A:3 by inserting after paragraph VII the following new paragraph:
VIII. No landlord shall willfully fail to comply with essential maintenance practices or other applicable laws concerning lead.
26 New Paragraph; Remedies. Amend RSA 540-A:4 by inserting after paragraph VII the following new paragraph:
VII-a. Notwithstanding any other provision of this section, no damages shall be awarded for a breach of paragraph VIII, except for a landlord's willful violation of an order of the court which has been entered pursuant to RSA 540-A:4, VII(a).
27 New Subparagraph; Remedies. Amend RSA 540-A:4, IX by inserting after subparagraph (e) the following new subparagraph:
(f) The provisions of subparagraph (a) shall not apply to a landlord's violation of RSA 540-A:3, VIII, provided however that the court shall award damages, costs, and reasonable attorney's fees for a willful violation of a court order entered pursuant to RSA 540-A:4, VII(a).
28 Appropriation. The sum of $3,000,000 for fiscal year ending June 30, 2018 and the sum of $3,000,000 for the fiscal year ending June 30, 2019 are hereby appropriated to the department of health and human services to be deposited in to the remediation of lead in water and multifamily housing fund, established in RSA 130-A:15-a. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
I. Sections 12, 13, 14, and 16 shall take effect October 1, 2017 at 12:03 a.m.
II. Sections 15 and 17 shall take effect January 1, 2021 at 12:02 a.m.
III. The remainder of this act shall take effect 60 days after its passage.
17-0979
2/1/17
SB 247-FN-A- FISCAL NOTE
as introduced
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 |
Appropriation | $3,000,000 | $3,000,000 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
The Department of Health and Human Services and Department of Education were originally contacted on January 6, 2017, with followup contact for both departments made on January 17, 2017 and again on January 27, 2017. Neither department have provided a fiscal note worksheet as of February 1, 2017.
METHODOLOGY:
This bill makes several changes to statutes related to lead such as adopting rules; lowering the threshold for investigating cases of lead poising in children; requiring blood testing in one and two year olds with parental consent and prohibiting children age six or younger from enrolling in school or childcare facilities without testing unless an exemption is granted; requiring insurance companies to cover certain expenses related to lead blood testing; redefining the term "lead paint" to "lead" and expands the definition; establishing a program for maintenance practices of pre-1978 rental properties and childcare facilities; and requiring schools, childcare facilities, public water systems, and rental units to be tested for the presence of lead within certain time periods as well as requiring notification, public disclosure, and remediation efforts regarding lead in drinking water. This bill appropriates $3,000,000 in each FY 2018 and FY 2019 to the Department of Health and Human Services to be deposited into the newly created Remediation of Lead in Water and Multifamily Housing Fund. Funds are nonlapsing and are in addition to any other grants or donations for the purposes of lead in water remediation as well as in multifamily housing in consultation with the New Hampshire Housing Finance Authority.
The Department of Environmental Services states this bill would result in an indeterminable increase to State, county, and local expenditures. Per the Department, there are 631 (492 public and 139 private) schools and 887 licensed daycares in New Hampshire, but it is unable to estimate the number of license-exempt childcare facilities. The Department states increased expenditures would be associated with testing and remediation mostly in FY 2018, with negligible increases in expenditures in subsequent fiscal years through 2021. The Department assumes the average time for staff to review and process the interim and final remediation plans required for schools, licensed daycares, and exempt childcare facilities exceeding the current federal lead standard would be three hours for technical review by an engineer at $75.00 per hour and one hour for processing by a program assistant at $35.00 per hour. Current costs for a lead test performed by the State is $15.00 each. The Department also assumes 50 percent of the tests would exceed the lead standard at one or more location where drinking water is available within a facility or school. Based on these assumptions the Department estimates it would cost $147,600 (492 schools X 20 drinking water locations within in each school X $15.00 per test) to test municipally owned public schools. The cost for reviewing the interim and final report for schools and licensed daycare would result in $170,775 (1518 schools and childcare facilities X 50% = 2277 hours at $75.00 per hour) for engineering review and $26,565 (1518 schools and childcare facilities X 50% = 759 hours at $35.00 per hour) for processing. The Department anticipates federal grant funds would be applicable toward these costs. State, county, and local estimates toward remediation efforts cannot be provided due to insufficient information regarding public water systems as well as the scope of remediation that may be required in each instance.
The New Hampshire Municipal Association states there would be an indeterminable increase to expenditures to the extent lead is detected in water systems requiring public disclosure and remediation. The New Hampshire Housing Finance Authority states this bill would result in minimal fiscal impact to expenditures.
AGENCIES CONTACTED:
Departments of Environmental Services, Education and Health and Human Services, New Hampshire Municipal Association and New Hampshire Housing Finance Authority
