SB 373-FN-A – AS AMENDED BY THE HOUSE
02/23/06 0974s
12Apr2006… 1627h
2006 SESSION
01/09
SENATE BILL 373-FN-A
AN ACT relative to a public health response to arbovirus.
SPONSORS: Sen. Hassan, Dist 23; Sen. Estabrook, Dist 21; Sen. Fuller Clark, Dist 24; Rep. MacKay, Merr 11
COMMITTEE: Environment and Wildlife
I. Establishes a mosquito control fund in the department of health and human services to assist cities, towns, mosquito control districts, and non-profit organizations by providing funding to offset mosquito control activities. The commissioner of the department of health and human services is granted rulemaking authority for the purposes of the bill. The bill also makes an appropriation to the department for the purposes of funding the mosquito control fund.
II. Allows local health or local law enforcement officers to order removal of standing water hazards.
III. Establishes a 2-year task force for the purpose of facilitating a coordinated local, regional, and state response to arboviruses in New Hampshire.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/23/06 0974s
12Apr2006… 1627h
06-2814
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to a public health response to arbovirus.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Removal of Standing Water Hazards. Amend RSA 105 by inserting after section 3-a the following new section:
105:3-b Removal of Standing Water Hazards. A local health or law enforcement officer may order removal or covering of standing water hazards on property. If the owner of the property, after notice has been delivered by certified mail or by hand delivery at the property owner’s last known address fails to comply within a 72-hour period, such owner may be found guilty of a violation. If an arbovirus public health threat has been declared, local health or law enforcement officers may remove the hazard after one week and the property owner shall bear the expense of the removal of the hazard. In this section, “standing water hazard” means any container left open to rain or snow in a manner that allows water to collect and remain in the container in such a manner as to provide a breeding ground for, or to attract, insects. Containers treated with an adequate prophylactic pesticide treatment to prevent mosquito growth are exempt. “Standing water hazard” shall not include above ground or in ground swimming pools or feed or drinking equipment to include buckets and troughs used for livestock. Agricultural operations found to be in compliance with best management practices with regard to mosquito control by the department of agriculture, markets, and food shall be in compliance with this section.
2 New Sections; Communicable Disease; Mosquito Control Districts; Mosquito Control Fund. Amend RSA 141-C by inserting after section 23 the following new sections:
141-C:24 Mosquito Control Districts; Rulemaking. Contiguous municipalities may establish mosquito control districts for the purposes of applying for moneys from the mosquito control fund established in RSA 141-C:25 and for the purposes of applying for spraying permits. The commissioner, in consultation with the commissioner of the department of agriculture, markets, and food shall adopt rules, pursuant to RSA 541-A, relative to the establishment of such mosquito districts.
141-C:25 Mosquito Control Fund.
I. There is hereby established a mosquito control fund to assist cities, towns, mosquito control districts, and non-profit organizations by providing funding for the purpose of offsetting the cost of mosquito control activities including, but not limited to, the purchase and application of chemical pesticides. For the purposes of this section, “non-profit organization” means an organization which has tax-exempt status under section 501(c)(3) of the Internal Revenue Code and which represents members who own or which owns itself, property actively used for agricultural or recreational use. The purpose of the fund is to provide financial assistance, when needed, to cities, towns, mosquito control districts, and non-profit organizations engaging in mosquito control and abatement activities in response to a declared threat to the public health.
II. In order to be eligible to receive funding, a city, town, mosquito control district, or non-profit organization shall have in place a comprehensive mosquito control plan approved by the commissioner. This plan shall include at a minimum:
(a) A list of the pesticides (active ingredient) and methods by which these pesticides will be applied to ensure that the application is done in a safe and proper manner.
(b) Safeguards that will be taken to protect the health of the public, wildlife and resources within the state including provisions for the measuring and monitoring of residual pesticides in the water and soil.
(c) A comprehensive public awareness campaign geared toward prevention and designed to educate the public about the health risks associated with mosquitoes.
III.(a) The commissioner, in consultation with the Centers for Disease Control and Prevention, may determine that a threat to the public health exists that warrants expedited mosquito control and abatement activities within a city, town, mosquito control district, or non-profit organization. Such determination of an arbovirus public health threat shall be based on local factors which may include:
(1) Historical and current climatic conditions.
(2) Historical and current mosquito population indices.
(3) Historical and current mosquito, veterinary, and human arboviral disease surveillance.
(4) The commissioner must declare in writing to the governor and the commissioner of the department of agriculture that such a threat to the public health exists.
(b) An expedited approval process shall be established for the implementation of mosquito control and abatement activities, as described in this paragraph, including the application of pesticides. The commissioner of the department of agriculture, markets, and food may authorize expedited mosquito control and abatement activities pursuant to this paragraph.
IV. A city, town, mosquito control district, or non-profit organization shall be eligible to receive funds if the commissioner determines that:
(a) The city, town, mosquito control district, or non-profit organization has a comprehensive mosquito control plan approved by the commissioner in accordance with paragraph II;
(b) The city, town, mosquito control district, or non-profit organization has engaged or plans to engage in mosquito control and abatement activities pursuant to paragraph III;
(c) The commissioner, after consultation with the Centers for Disease Control and Prevention, has determined that mosquito control and abatement activities are appropriate to mitigate the public health threat; and
(d) The commissioner has filed written notice of a threat to public health with the governor and the commissioner of agriculture, markets, and food.
V. A city, town’s, mosquito control district’s, or non-profit organization’s receipt of funds, as well as the amount of funding, shall be at the discretion of the commissioner subject to the following criteria:
(a) The nature and degree of the declared threat to the public health.
(b) The nature and degree of the city, town’s, mosquito control district’s or non-profit organization’s mosquito control and abatement activities in response to the declared threat to the public health.
(c) The degree to which the non-profit organization’s mosquito control and abatement activities will benefit the general public.
(d) The city, town, mosquito control district, or non-profit organization showing that the funding assistance from the mosquito control fund is necessary.
(e) The city, town, mosquito control district’s, or non-profit organization’s showing that the requested funding assistance is no more than 50 percent of the entity’s mosquito control and abatement activities pursuant to the declared threat to the public health.
(f) Funding is available.
3 New Paragraph; Rulemaking Added. Amend RSA 141-C:6 by inserting after paragraph XXI the following new paragraph:
XXII. Procedures for administration of and disbursement from the mosquito control fund, established in RSA 141-C:25.
4 Appropriation.
I. There is hereby appropriated the sum of $1 to the department of health and human services for the biennium ending June 30, 2007, for the purposes of funding the mosquito control fund established by section 3 of this act. This appropriation shall be reduced by the amount of any federal funds received by the department. This appropriation shall be in addition to any other funds appropriated to the department of health and human services. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
II. If the funds under paragraph I are insufficient to meet the necessary expenditures, the department of health and human services may request approval of the legislative fiscal committee to transfer funds from the general fund to the department of health and human services for the purposes of section 3 of this act.
5 New Paragraph; Exemption Added. Amend RSA 430:46, I by inserting after subparagraph (d) the following new subparagraph:
(e) Expedited mosquito control and abatement activities pursuant to a declared threat to the public health under RSA 141-C:25.
6 Task Force Established. There is established a task force to facilitate a coordinated local, regional, and state response to arboviruses in New Hampshire.
7 Membership and Compensation.
I. The members of the task force shall be as follows:
(a) Two members of the senate, appointed by the senate president.
(b) Two members of the house of representatives, appointed by the speaker of the house of representatives.
(c) The state epidemiologist.
(d) The state veterinarian.
(e) The commissioner of the department of health and human services, or designee.
(f) The commissioner of the department of agriculture, markets, and food, or designee.
(g) The commissioner of the department of resources and economic development, or designee.
(h) The executive director of the fish and game department, or designee.
(i) The commissioner of the department of environmental services, or designee.
(j) A representative from county government, appointed by the governor.
(k) An entomologist from the university of New Hampshire, appointed by the governor.
(l) Three locally-elected officials from towns or cities where arbovirus has been detected in animals or humans, at least one of whom shall be a public health officer, appointed by the governor.
(m) Two private citizens, each a landowner, officer, one of whom shall be nominated by the New Hampshire Farm Bureau Federation, appointed by the governor.
(n) Two members at-large, appointed by the commissioner of the department of health and human services.
II. The task force shall serve without compensation and may solicit any information from any person or entity the task force deems relevant to its purpose.
8 Duties. The committee shall:
I. Determine the coordination of and planning for mosquito control efforts, including a method to enable communities throughout the state to form mosquito control districts, or to be able to join together informally to file joint applications to engage in larvaecide or adulticide spraying.
II. Determine who should have certain mosquito control responsibilities according to expertise throughout the state.
III. Review and, if necessary, streamline state governmental processes required to implement mosquito control programs.
IV. Plan and coordinate public education and outreach regarding mosquito-borne illness.
V. Apply for funding from private and public sources for the purposes of responding to arbovirus threats.
VI. Determine a method to enable communities to order the removal of standing water hazards on private property and to levy fines on the property owner if necessary.
VII. Establish a mechanism to work with landowners for determining when a pond, marsh land, or wetland on private property is found to be creating a standing water hazard and a method to permit local communities to receive assistance from the fish and game department and the department of environmental services to determine if the standing water hazard can be removed.
VIII. Establish procedures for determining what, if any, mosquito control efforts will be undertaken in state parks.
IX. Establish a mechanism to protect certified organic farms from being treated with products that would void their certification.
9 Chairperson; Quorum. The members of the task force shall elect a chairperson from among the members. The first meeting of the task force shall be called by the first-named senate member. The first meeting of the task force shall be held within 45 days of the effective date of this section. Six members of the task force shall constitute a quorum.
10 Report. The task force shall make an interim report on or before November 1, 2006 with a report of its findings and any recommendations for proposed legislation and a final report on or before November 1, 2007 to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library.
11 Effective Date.
I. Sections 6-11 of this act shall take effect upon its passage.
II. The remainder of this act shall take effect July 1, 2006.
LBAO
06-2814
Amended 3/8/06
SB 373 FISCAL NOTE
AN ACT relative to a public health response to arbovirus.
FISCAL IMPACT:
The Department of Health and Human Services states this bill, as amended by the Senate, (Amendment #2006-0974s), will increase state, county, and local expenditures and county and local revenue by an indeterminable amount in FY 2007 and each year thereafter. There will be no impact on state revenue.
This bill appropriates $1 from the general fund to the Department of Health and Human Services for the biennium ending June 30, 2007 for the purposes of the bill.
METHODOLOGY:
The Department states this bill establishes a mosquito control fund to assist cities, towns, mosquito control districts, and non-profit organizations by providing funding for the purpose of offsetting the cost of mosquito control activities. The purpose of this fund is not to pay the full cost of mosquito control activities, but to provide financial assistance for such activities. The Department states due to a lack of federal funding, it would require an additional $60,000 annually for mosquito trapping costs so the State could determine which areas are most at risk for mosquito borne illnesses in order to better evaluate the risk to the communities. The Department cannot predict how many municipalities, mosquito control districts, or non-profit organizations will be eligible for such funding, but mosquito control programs can cost between $15,000 to $80,000 a year, depending on the size of the spraying area and type of program. Once specific needs are determined, the Department may submit a request to the Legislative Fiscal Committee to transfer funds from the general fund to the Department for deposit into the mosquito control fund for the purpose of allocation to eligible entities. The Department states including non-profit organizations in this bill would increase costs by an indeterminable amount due to the fact that this group could include schools, nursing homes, churches, as well as other groups. The Department states there may be health cost savings as a result of mosquito control activities, but are unable to provide an estimate at this time.