HB566 (2009) Detail

Relative to the regulation of backflow protection technicians.


HB 566-FN – AS INTRODUCED

2009 SESSION

09-0626

10/04

HOUSE BILL 566-FN

AN ACT relative to the regulation of backflow protection technicians.

SPONSORS: Rep. Kurk, Hills 7

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill requires the department of environmental services to establish a program for the certification of backflow protection technicians.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0626

10/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to the regulation of backflow protection technicians.

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

1 New Subdivision; Certification of Backflow Protection Technicians. Amend RSA 485 by inserting after section 61 the following new subdivision:

Certification of Backflow Protection Technicians

485:62 Backflow Protection Technicians; Certification.

I. The commissioner of the department of environmental services shall establish a backflow protection technician certification program for the following persons:

(a) Individuals engaged for compensation in the installation and replacement of backflow protection assemblies in residential and commercial domestic and process water systems.

(b) Individuals engaged for compensation in the testing, maintenance, and repair of backflow protection assemblies in residential and commercial domestic and process water systems.

(c) Individuals engaged for compensation in the surveying of backflow protection requirements in the residential and commercial domestic and process water systems.

II. The commissioner shall adopt rules pursuant to RSA 541-A relative to the establishment of minimum education and training standards for certified backflow protection installers, testers, service and repair personnel. The commissioner shall establish the nature of the examinations required for issuance of certification as a backflow protection technician. The scope of such examinations and the methods of procedure shall be prescribed by rules adopted by the commissioner. Such examination may be administered by an organization approved by the commissioner.

III. The commissioner shall implement the certification requirements established by this subdivision, which shall include the following.

(a) Standards regarding education or equivalent experience and testing requirements for applicants for initial certification.

(b) Standards for renewal of certification and continuing education requirements. Continuing education requirements may be fulfilled in full or in part by existing training programs approved by the commissioner. The rules shall establish a minimum number of hours of continuing education for renewal.

IV. The commissioner shall adopt rules pursuant to RSA 541-A establishing fees for certification and renewal of certification under this section. After the first year of this program, such fees shall be sufficient to produce estimated revenue equal to 125 percent of the direct operating expenses of the previous fiscal year. Fees collected shall be deposited in the general fund.

2 Effective Date. This act shall take effect July 1, 2009.

LBAO

09-0626

01/21/09

HB 566-FN - FISCAL NOTE

AN ACT relative to the regulation of backflow protection technicians.

FISCAL IMPACT:

      The Department of Environmental Services states this bill will increase state revenue by $25,000 in FY 2010, $26,250 in FY 2011, $27,500 in FY 2012, and $28,750 in FY 2013, and increase state expenditures by $20,000 in FY 2010, $21,000 in FY 2011, $22,000 in FY 2012, and $23,000 in FY 2013. There will be no fiscal impact on county and local revenue or expenditures.

METHODOLOGY:

      The Department of Environmental Services states this bill establishes a program for certification of backflow protection technicians, setting minimum standards and education requirements. The bill would also establish fees to be collected by the Department for initial certification and ongoing annual renewal by those defined as backflow technicians. The fee structure would be set at a level sufficient to produce estimated revenue equal to 125% of operating expenditures. The Department estimated the program costs in FY 2010 would be $20,000, with expenditure growth at 5% each year thereafter. The Department also estimated approximately 500 individuals requiring certification annually, which would mean a fee of $50 in FY 2010 to generate total revenue of $25,000. The Department assumed an annual growth rate of 5% for revenue as well, so the estimated net fiscal impact of the bill is as follows:

                2010 2011 2012 2013

      State revenue $25,000 $26,250 $27,500 $28,750

      State expenditures $20,000 $21,000 $22,000 $23,000

      Net fiscal impact $ 5,000 $ 5,250 $ 5,500 $ 5,750

    The New Hampshire Municipal Association states this bill does not appear to have an impact on local government.

    This bill does not contain an appropriation.