SB 247-FN-A - AS AMENDED BY THE HOUSE

03/16/2017   0795s

03/16/2017   0877s

4May2017... 1628h

3Jan2018... 2513h

3Jan2018... 0024h

3Jan2018... 0025h

2017 SESSION

17-0979

01/10

SENATE BILL 247-FN-A

AN ACT preventing childhood lead poisoning from paint and water.

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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AMENDED ANALYSIS

This bill makes various changes in the laws regarding lead.  Some of the changes are as follows:

I.  Changes the blood levels for parental notifications and property owners relative to blood lead levels in children.

II.  Requires testing for blood lead levels in children at the age of one and 2.

III.  Establishes a program for loans for lead hazard remediation projects.

IV.  Requires insurance coverage for blood lead level testing.

V.  Requires certain notification regarding lead for the purchase and sale of certain real estate.

VI.  Requires testing for lead in drinking water in child care facilities and schools.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/16/2017   0795s 17-0979

03/16/2017   0877s 01/10

4May2017... 1628h

3Jan2018... 2513h

3Jan2018... 0024h

3Jan2018... 0025h

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seventeen

AN ACT preventing childhood lead poisoning from paint and water.

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

1  Lead Paint Poisoning Prevention; Parental Notification.  Amend RSA 130-A:6-b to read as follows:   

130-A:6-b  Parent Notification.  The department shall send materials to the parents of any child with a blood lead level of [5]3 micrograms per deciliter or higher.  Such materials shall inform parents who are tenants to work with the property owner and advise against engaging in renovation, repair, or painting activities themselves.  Such materials shall inform parents who own and occupy the house in which the child resides of resources for identifying and eliminating lead hazards, including the Renovation, Repair and Painting Program.

2  Lead Paint Poisoning Prevention; Property Owner Notification.  Amend RSA 130-A:6-a, I to read as follows:

I.  The department shall notify in writing the owner or registered agent of an owner of a dwelling or dwelling unit where the child resides if a [venous] blood [test] lead level of [5]3 to 9.9 micrograms per deciliter is found in the child's blood.  Such notice to the property owner shall specify that it is neither a finding that a lead exposure hazard exists in the property nor is it an order for lead hazard reduction.  Such notice shall include information about the health hazards of lead poisoning, standards for identifying and eliminating lead hazards, and the federal Renovation, Repair, and Painting Program.

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 Sections; Lead Paint Poisoning Prevention and Control; Blood Lead Testing.  Amend RSA 130-A by inserting after section 5-b the following new sections:

130-A:5-c  Blood Lead Testing.  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.  A child shall be exempt from this required blood lead level testing if a parent or legal guardian objects to such testing and provides a 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.  The commissioner shall develop an opt out form for the purposes of this section and shall make such form available to health care facilities.  The form shall include simple opt out language in a font and size easily readable by the average adult reader.

130-A:5-d  Sale and Rental of Property.  After July 1, 2024, the following shall require certification of lead safety pursuant to this chapter prior to being used as either a residential rental unit or as a day care facility:

I.  Newly-constructed rental units within buildings erected prior to January 1, 1978.  For the purposes of this section "newly-constructed rental units" means rental units being converted from a use other than residential rental housing.

II.  Newly-licensed day care facilities within buildings erected prior to January 1, 1978.

5  Lead Paint Poisoning Prevention; Parental Notification.  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] 7.5 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] 7.5 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:  

6  Lead Paint Poisoning Prevention; Parental Notification.  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 [7.5] 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 [7.5] 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:

7  New Section; Loans for Lead Hazard Remediation Projects.  Amend RSA 130-A by inserting after section 15 the following new section:

130-A:15-a  Loans for Lead Hazard Remediation Projects.

I.  Upon governor and council approval, the department may, in consultation with the state treasurer, authorize a state guarantee of the principal of, interest on, and reasonable collection expenses related to loans for the lead hazard remediation projects as specified in subparagraphs II(a), (b), and (c).  Such guarantee shall not at any time exceed 80 percent of the maximum principal amount that may be borrowed under the terms of the loan, plus interest and related reasonable collection expenses with respect to such loan.  However, in no event shall the state guarantee for an individual project related to rental units exceed $10,000 per unit or a total of $200,000 per building, and in no event shall the state guarantee for an individual project related to a private home exceed $100,000.  The full faith and credit of the state shall be pledged for any such guarantee, but the total outstanding amount of principal guaranteed by the state under this section shall not exceed, in the aggregate at any time, $6,000,000.

II.  The department shall ensure that all projects for which loans are granted are completed within 2 years of the issuance of the loan.  The department shall be responsible for issuing completion standards and disseminating these standards to prospective loan applicants.  If the project is not completed within the 2-year period, the landlord or owner shall pay to the state the difference between the lender’s interest rate for a personal unsecured loan and the rate for the project, plus a $500 penalty.

(a)  Landlords may qualify for loans of up to 60 percent of the cost of lead base substance abatement, or up to 30 percent of the cost of making a property or rental unit lead safe through interim controls.  The cost of periodic inspections and maintenance activities related to interim controls shall not be eligible for loans.  When determining projects eligible for participation in the loan program, the department shall give priority to rental units that are occupied by at least one child with an elevated blood lead level of at least 5 micrograms per deciliter.

(b)  Owners of child care facilities may qualify for loans of up to 60 percent of the cost of lead base substance abatement, or up to 30 percent of the cost of making a facility lead safe through interim controls.  The cost of periodic inspections and maintenance activities related to interim controls shall not be eligible for loans.  When determining projects eligible for participation in the loan program, the department shall give priority to facilities that meet one or more of the following criteria:

(1)  Have been verified by a licensed lead inspector to have a lead safety risk;

(2)  Are under mitigation orders issued by the department.

(c)  The owners of single-family homes may qualify for loans of up to 80 percent of lead base substance abatement, or up to 50 percent of the cost of interim controls, provided that a child or a pregnant woman resides in the home.  The cost of periodic inspections and maintenance activities shall not be eligible for loans.  When determining projects eligible for participation in the loan program, the department shall give priority to homes that meet one or more of the following criteria:

(1)  Were built prior to 1978;

(2)  Are occupied by a child with an elevated blood lead level of at least 5 micrograms per deciliter;

(3)  Are occupied by a family with income below 200 percent of the federal poverty level, as adjusted annually for inflation;

(4)  Have been verified by a licensed lead inspector to have lead safety risk.

III.  Beginning on or before October 1, 2018, the department shall report annually to the fiscal committee of the general court and the governor and council on the status of the loan program established in this section.  Such report shall include:

(a)  A quantification of demand for the program among landlords, homeowners, and owners of licensed child care facilities;

(b)  The dollar amount of the $6,000,000 aggregate limit that is guaranteed by the state at the time of the report, and the amount of guarantee remaining; and

(c)  The dollar amount, if any, that the state has paid to loan issuers to cover the cost of default.

IV.  The department shall adopt rules, pursuant to RSA 541-A, to establish the eligibility criteria, application process, and maximum loan amounts pursuant to this section.  The rules shall also include a requirement that the lender record a lien for the full amount of the loan at the time the loan is issued for any property under this section.  The lien shall be in the name of the lender and the state of New Hampshire.  The lender shall use reasonable efforts to enforce the lien before requesting that the state pay based on the guarantee set forth in this section.

8  Lead Paint Poisoning Prevention and Control; Inspections.  Amend RSA 130-A:6, I to read as follows:

I.  The commissioner may, as part of an investigation conducted under RSA 130-A:5, 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] may conduct inspections of all other dwelling units of the leased or rented dwelling occupied by a child or pregnant woman 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.

9  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 applicable public health laws and regulations concerning lead.

10  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 applicable public health laws and regulations concerning lead.

11  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.  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.

12  New Section; Coverage for Blood Lead Testing; Group.  Amend RSA 415 by inserting after section 18-z the following new section:

415:18-aa  Coverage for Blood Lead Testing.  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 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  Health Services Corporations; Applicable Statutes.  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.

14  Health Services Corporations; Applicable Statutes; Effective January 1, 2021.  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.

15  Health Maintenance Organizations; Statutory Construction.  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.

16  Health Maintenance Organizations; Statutory Construction; Effective January 1, 2021.  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.

17  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.''

18  New Section; Lead in Drinking Water in School and Licensed 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 Licensed Child Care Facilities.

I.  Upon the effective date of this section, and within every 5-year period thereafter, public and private schools and licensed child care facilities 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.  If 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 child care facility shall, within 5 business days, notify parents and guardians and shall, as an interim measure, ensure that the children are provided only drinking water that meets the standard.  The school or licensed child care facility shall also implement a remediation plan, as approved by the department within 30 days of notification of parents or, in consultation with the department, as soon as practicable.  The department shall review the plan and any associated submittals within 30 days of receiving them.  If 3 consecutive rounds of sampling performed every 5 years are below the standard, further testing shall not be required.

II.  Any time the applicable federal standard for lead in drinking water is changed, public and private schools and licensed child 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.

19  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.  Any time a child tests positive for lead which exceeds the standards established in RSA 130-A:5, I, the department of health and human services shall test the water in the unit for lead.  If the presence of lead in the drinking water exceeds the action level established by the Environmental Protection Agency, the landlord shall notify the tenant or prospective tenant and, shall install on the kitchen faucet a filtering device certified to reduce lead by NSF International/American National Standards Institute and follow all standards for the replacement of the filtering device and cartridges.  The landlord shall not be required to maintain or install water filters where the source of the lead has been removed and the water tests below the action level established by the Environmental Protection Agency, as verified by the department of health and human services.

20  Effective Date.

I.  Sections 5 and 18 of this act shall take effect July 1, 2019.

II.  Section 6 of this act shall take effect July 1, 2021.

III.  Sections 11, 12, 13, and 15 of this act shall take effect upon its passage.

IV.  Sections 14 and 16 of this act shall take effect January 1, 2021 at 12:02 a.m.

V.  The remainder of this act shall take effect 60 days after its passage.

LBAO

17-0979

Amended 4/26/17

SB 247-FN-A- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENTS #2017-0795s AND #2017-0877s)

AN ACT preventing childhood lead poisoning from paint and water and making an appropriation to a special fund.

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

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 Department of Health and Human Services anticipates expanding the existing Healthy Homes and Lead Poisoning Prevention Program within the Division of Public Health Services to implement the requirements of this bill.  The Department estimates it would require 3.5 full-time equivalent employees to implement new activities within the program.  Hiring would occur over three fiscal years. By FY 2020, 2.0 FTE Environmentalist III (LG23) would be hired and cross-trained in on site investigations, water testing, licensing, and work site compliance as well as a 1.0 FTE Public Health Nurse Case Consultant (LG25) to provide case management services. An additional 0.5 FTE Supervisor III (LG21) would be supplemented with other existing funding to make a full-time position to oversee notification and educational letters to parents and property owners statewide and the increased legal case load of Administrative Orders of Lead Hazard Reduction, fines, appeals, and coordination with the Attorney General’s office.  Costs include salaries, benefits, and equipment which are estimated to be $175,000 in FY 2018, $318,500 in FY 2019, $333,000 in FY 2020, and $339,000 in FY 2021.  Additionally, the Department would be responsible for expending $3,000,000 of appropriations in each FY 2018 and FY 2019 toward remediation efforts.

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