1 Department of Health and Human Services; Laboratory Services; Reimbursements; Rulemaking. RSA 131:4 is repealed and reenacted to read as follows:

131:4 Laboratory Services, Fees, and Rulemaking; Lab Equipment and Replacement Fund Established.

I. The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A relative to a list of laboratory services to be provided under this chapter and a schedule of fees for such services. The fees may be waived by the commissioner when the commissioner determines it is in the best interests of the health of the public to do so.

II. Fees for analyses required by the federal Safe Drinking Water Act or offered as a service shall be set by following the cost allocation method established for reimbursements to the state from grants funded by the United States Environmental Protection Agency (EPA).

III. Fees collected from state agencies shall be credited against the operating costs of the laboratory.

IV. Fees collected from all others shall be deposited 50 percent in the general fund and 50 percent in a special nonlapsing lab equipment and replacement fund established in the state treasury and kept separate and distinct from all other funds. The fund shall be continually appropriated to the commissioner of the department of health and human services for the purchase or replacement of laboratory equipment designed to improve service. The commissioner may, with prior approval of the governor and council, use funds in the lab equipment and replacement fund for unanticipated personnel or supply expenditures made necessary by unexpected changes in or additions to federal or state required laboratory analyses or unusual volume of samples.

2 Application of Receipts; Lab Equipment and Replacement Fund; Reference Change. Amend RSA 6:12, I(b)(125) to read as follows:

(125) Moneys deposited in the lab equipment and replacement fund under RSA 131:3-a .

3 Swimming Pools and Bathing Places; Public Bathing Facilities; Reference Change. Amend RSA 485-A:26, IV to read as follows:

IV. The department may take samples of the water of any such public bathing facility 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. The costs recovered for such sampling shall be deposited in the public bathing facility program fund. 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.

4 Contingency. Sections 2, 3 and 5 of this act shall take effect when the commissioner of the department of health and human services certifies in writing to the secretary of state and the director of the office of legislative services that the department has adopted rules under RSA 541-A, relative to laboratory services and fees pursuant to RSA 131:4, as amended by section 1 of this act.

5 Repeal. RSA 131:3-a, relative to testing of water supplies and fees required, is repealed.

6 Effective Date.

I. Sections 2, 3, and 5 of this act shall take effect as provided in section 4 of this act.

II. The remainder of this act shall take effect July 1, 2025.

1 Department of Health and Human Services; Laboratory Services; Reimbursements; Rulemaking. RSA 131:4 is repealed and reenacted to read as follows:

131:4 Laboratory Services, Fees, and Rulemaking; Lab Equipment and Replacement Fund Established.

I. The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A relative to a list of laboratory services to be provided under this chapter and a schedule of fees for such services. The fees may be waived by the commissioner when the commissioner determines it is in the best interests of the health of the public to do so.

II. Fees for analyses required by the federal Safe Drinking Water Act or offered as a service shall be set by following the cost allocation method established for reimbursements to the state from grants funded by the United States Environmental Protection Agency (EPA).

III. Fees collected from state agencies shall be credited against the operating costs of the laboratory.

IV. Fees collected from all others shall be deposited 50 percent in the general fund and 50 percent in a special nonlapsing lab equipment and replacement fund established in the state treasury and kept separate and distinct from all other funds. The fund shall be continually appropriated to the commissioner of the department of health and human services for the purchase or replacement of laboratory equipment designed to improve service. The commissioner may, with prior approval of the governor and council, use funds in the lab equipment and replacement fund for unanticipated personnel or supply expenditures made necessary by unexpected changes in or additions to federal or state required laboratory analyses or unusual volume of samples.

2 Application of Receipts; Lab Equipment and Replacement Fund; Reference Change. Amend RSA 6:12, I(b)(125) to read as follows:

(125) Moneys deposited in the lab equipment and replacement fund under RSA 131:4 .

3 Swimming Pools and Bathing Places; Public Bathing Facilities; Reference Change. Amend RSA 485-A:26, IV to read as follows:

IV. The department may take samples of the water of any such public bathing facility 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. The costs recovered for such sampling shall be deposited in the public bathing facility program fund. The costs recovered for analysis shall be consistent with the fee structure established pursuant toRSA 131:4 and deposited as provided in RSA 131:4 . 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.

4 Contingency. Sections 2, 3 and 5 of this act shall take effect when the commissioner of the department of health and human services certifies in writing to the secretary of state and the director of the office of legislative services that the department has adopted rules under RSA 541-A, relative to laboratory services and fees pursuant to RSA 131:4, as amended by section 1 of this act.

5 Repeal. RSA 131:3-a, relative to testing of water supplies and fees required, is repealed.

6 Effective Date.

I. Sections 2, 3, and 5 of this act shall take effect as provided in section 4 of this act.

II. The remainder of this act shall take effect July 1, 2025.