HB505 (2007) Detail

Relative to enhanced water quality monitoring for lakes and beaches.


HB 505-FN-A – AS AMENDED BY THE HOUSE

07Mar2007… 0251h

2007 SESSION

07-0523

08/04

HOUSE BILL 505-FN-A

AN ACT relative to enhanced water quality monitoring for lakes and beaches.

SPONSORS: Rep. Emerson, Ches 7; Rep. Carolyn Brown, Carr 1; Rep. Pilliod, Belk 5; Rep. B. Richardson, Ches 5; Rep. Parkhurst, Ches 4

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill:

I. Defines “public bathing place” and “public beach.”

II. Establishes a program for the management of public beaches.

III. Establishes the position of public beach program coordinator.

IV. Makes an appropriation to the department of environmental services for the administration of the public beach program.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Mar2007… 0251h

07-0523

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to enhanced water quality monitoring for lakes and beaches.

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

1 New Paragraphs; Definitions. Amend RSA 485-A:2 by inserting after paragraph XXIII the following new paragraphs:

XXIV. “Public beach” means a public bathing place that comprises a designated area on a water body and associated buildings and equipment, intended or used for bathing, swimming, or other primary water contact purposes. The term includes beaches or other swimming areas at hotels, motels, health facilities, water parks, condominium complexes, apartment complexes, youth recreation camps, public parks, and recreational campgrounds or camping parks as defined in RSA 216-I:1, VII. The term does not include any area on a water body which serves 3 or fewer living units and which is used only by the residents of the living units and their guests.

XXV. “Public bathing place” means a place or location, together with buildings and equipment, intended or used for recreational or therapeutic bathing, swimming, or diving, and operated by or for any governmental subdivision, public or private corporation, partnership, association, or educational institution open to the public, members, or students, whether on a fee or free basis. The term includes public bathing facilities, flow-through bathing places, and designated beaches. The term does not include any bathing place that serves 3 or fewer living units and that is used only by the residents of the living units and their guests.

2 Public Bathing Places. Amend RSA 485-A:26 to read as follows:

485-A:26 [Swimming Pools and] Public Bathing Places.

I. No person shall install, operate or maintain [an artificial swimming pool or] a public bathing place open to and used by the public, or as a part of a business venture, unless the construction, design and physical specifications of such [pool or] public bathing place shall have received prior approval by the department. A fee of $100 shall be paid to the department upon submission of such plans for review. Fees collected under this paragraph shall be deposited with the state treasurer as unrestricted revenue. The commissioner shall adopt rules relative to safety standards to protect persons using said facilities. Nothing in this section shall be deemed to affect the powers of local health officers or the department of health and human services, with respect to nuisances.

II. The department may take samples of the water of any [such facility] public bathing place for analysis to determine compliance with water quality requirements. The costs of such sampling and analysis shall be paid by the owner or operator of such [facility] public bathing place. The costs recovered for such sampling shall be deposited in the general fund as unrestricted revenue. The costs recovered for analysis shall be consistent with the fee structure established in RSA 131:3-a and deposited as provided in RSA 131:3-a. Any municipality which establishes a program of sampling and analysis which is equivalent to the department's program shall not be subject to additional sampling and analysis by the department.

3 New Sections; Public Beach Program Established. Amend RSA 485-A by inserting after section 26 the following new sections:

485-A:26-a Public Beach Program Established.

I. There shall be established and administered within the department of environmental services a New Hampshire public beach program. The purpose of the program is to promote public health and safety and to maintain and enhance the recreational values of New Hampshire’s public beaches.

II. To the extent that funds are available, the department shall:

(a) Create and maintain a geographically referenced inventory of public beaches.

(b) Encourage public beach owners to participate in the program by sending notification of program availability and benefits to beach owners.

(c) Cooperate with the department of resources and economic development, municipal health officers and other municipal officials, chambers of commerce, and other hospitality organizations to promote and facilitate public beach owner participation.

(d) Provide technical assistance and training to public beach owners in matters related to water quality monitoring and management, and compliance with public bathing place safety requirements under RSA 485-A:26.

(e) Send annual notice to beach owners of program availability and invite their participation, and provide a certificate and appropriate signage suitable for posting at the beach to participating beaches.

(f) Conduct an annual safety and sanitary inspection of each participating beach and provide a written inspection report to the beach owner with recommendations for correction of any safety deficiencies noted in the inspection report.

(g) Provide training to beach owners and their staff in water quality sampling protocols and procedures.

(h) Assist beach owners in collecting water quality samples and transporting samples to an appropriate laboratory for analysis.

(i) Provide financial assistance, when available, to beach owners for laboratory analysis costs.

(j) Issue timely beach advisories to participating beaches whenever water quality analysis results indicate increased risk to bathers.

(k) Maintain records of beach inspections and water quality results.

(l) Issue certifications to beaches that meet all safety requirements and conduct adequate water quality monitoring. Provide appropriate signage to certified beaches, suitable for posting at the beach.

485-A:26-b Public Beach Program Coordinator. There is established in the department of environmental services a public beach program coordinator who shall be a classified employee qualified by reason of education and experience and who shall administer the New Hampshire public beach program.

4 Appropriation. The sum of $100,000 for the fiscal year ending June 30, 2008, and the sum of $100,000 for the fiscal year ending June 30, 2009, are hereby appropriated to the department of environmental services for the public beach program established in RSA 485-A:26-a. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

5 Effective Date. This act shall take effect July 1, 2007.

LBAO

07-0523

01/25/07

HB 505-FN-A - FISCAL NOTE

AN ACT relative to enhanced water quality monitoring for lakes and beaches.

FISCAL IMPACT:

      The Department of Environmental Services states this bill would increase state expenditures by $100,000 in FY 2008, $100,000 in FY 2009, $98,143 in FY 2010, and $101,105 in FY 2011. The New Hampshire Municipal Association states this bill could increase local expenditures by an indeterminable amount in FY 2008 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue, or county expenditures.

      This bill appropriates $100,000 from the state general fund in both FY 2008 and FY 2009 to the Department of Environmental Services for the purposes of this bill.

METHODOLOGY:

    The Department of Environmental Services states this bill defines public bathing place and public beach, establishes a program for the management of public beaches, establishes the classified position of public beach program coordinator, and makes a general fund appropriation to the Department of $100,000 in both FY 2008 and FY 2009 for the administration of the public beach program. The Department assumes the public beach coordinator would be an Environmentalist II position at Labor Grade 23. The Department states it would also expend funds for a summer intern position, travel costs, equipment, supplies, administrative costs, indirect costs, and expenditures to the Office of Information Technology (OIT) and the Department of Administrative Services, Bureau of General Services. Assuming annual step increases, full-time benefits at 48.3% of salary, part-time benefits at 7.65% of salary, and additional fringe benefits at 8.3% of salary, the estimated fiscal impact is as follows:

                      FY 2008 FY 2009 FY 2010 FY 2011

    Salaries $45,740 $47,475 $49,289 $51,180

    Benefits $23,653 $24,635 $25,662 $26,732

    In-State Travel $5,820 $5,820 $5,820 $5,820

    Equipment $1,020 $1,021 $1,022 $1,023

    Supplies $5,900 $5,900 $5,900 $5,900

    Transfers to OIT $2,350 $2,350 $2,350 $2,350

                      LBAO

                      07-0523

                      01/25/07

    Transfers to Gen. Services $3,100 $3,100 $3,100 $3,100

    Lab Analysis Costs $5,000 $5,000 $5,000 $5,000

    Total $92,583 $95,301 $98,143 $101,105

    Costs are assumed to equal $100,000 in FY 2008 and FY 2009 due to the appropriations contained in this bill. The Department does not anticipate any changes in state revenue.

    The New Hampshire Municipal Association states to the extent public beaches would become part of the definition of public bathing place, there may be additional costs assessed to the owners and operators of public beaches. The Association is unable to determine how many municipalities would be included and what the specific costs would be for each city and town.

    The Department of Resources and Economic Development (DRED) states this bill will have no fiscal impact on their Department.