Bill Text: NH SB492 | 2024 | Regular Session | Enrolled
Bill Title: Relative to wastewater engineering.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2024-07-10 - Signed by the Governor on 07/03/2024; Chapter 0164; Effective 07/01/2024 [SB492 Detail]
Download: New_Hampshire-2024-SB492-Enrolled.html
SB 492 - VERSION ADOPTED BY BOTH BODIES
02/15/2024 0557s
06/13/2024 2308EBA
2024 SESSION
24-2886
08/02
SENATE BILL 492
AN ACT relative to wastewater engineering.
SPONSORS: Sen. Ricciardi, Dist 9; Sen. Perkins Kwoka, Dist 21; Sen. Fenton, Dist 10; Sen. Carson, Dist 14; Sen. Watters, Dist 4; Rep. Buco, Carr. 1; Rep. Rung, Hills. 12
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill removes the descriptor "intercepting" from sewers for the purpose of applying for and distributing state aid grants. This bill also raises the fee for wastewater operator certificates and changes consulting engineers to consulting engineering firms for rulemaking purposes.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/15/2024 0557s
06/13/2024 2308EBA 24-2886
08/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to wastewater engineering.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Interceptor Sewer Removed. Amend RSA 486:1, I(a) to read as follows:
(a) The state of New Hampshire shall pay annually 20 percent of the annual amortization charges, meaning principal and interest, on the eligible costs resulting from the acquisition and construction of sewage disposal facilities by municipalities (meaning counties, cities, towns, or village districts), in accordance with RSA 485:8, RSA 485-A:4, IX, and RSA 485-A:4, XII, for the control of water pollution. The word "construction" shall include engineering services, in addition to the construction of new sewage treatment plants, pumping stations, [intercepting] sewers, and sewer separation by storm drains when the latter can be demonstrated as a cost-effective method for eliminating a combined sewer overflow structure; the altering, improving or adding to existing treatment plants, pumping stations, [intercepting] sewers, and sewer separation by storm drains when the latter can be demonstrated as a cost-effective method for eliminating a combined sewer overflow structure; provided the construction has been directed by the department, or constitutes a voluntary undertaking designed to control or reduce pollution in the surface waters of the state as defined in RSA 485-A:2, and the plan therefor is approved in compliance with the provisions of RSA 485:8, RSA 485-A:4, IX, and RSA 485-A:4, XII. The term "eligible costs" as used in this chapter, except as noted, shall mean the entire cost of the construction of treatment plants, pumping stations, [intercepting] sewers and sewer separation by storm drains as defined in the Clean Water Act of 1977, less any other grant or subsidy. Cash payments, net of any other grant or subsidy, made by municipalities toward eligible costs shall also be eligible for state contributions in accordance with this section.
2 Interceptor Sewer Removed. Amend RSA 486:1, III(a)-(c) to read as follows:
(a) The word "construction" shall include:
(1) Engineering services related to construction activities identified under this paragraph;
(2) The construction of new sewage treatment plants, pumping stations, [intercepting] sewers, and sewer separation by storm drains when the latter can be demonstrated as a cost-effective method of eliminating a combined sewer overflow structure; and
(3) The altering, improving or adding to existing treatment plants, pumping stations, [intercepting] sewers, and sewer separation by storm drains when the latter can be demonstrated as a cost-effective method for eliminating a combined sewer overflow structure.
(b) Construction undertaken under this paragraph shall be required to constitute an undertaking designed to control or reduce pollution in the ground waters or surface waters of the state as defined in RSA 485-A:2, and plans shall be approved in compliance with the provisions of RSA 485:8, RSA 485-A:4, IX, and RSA 485-A:4, XII.
(c) The word "costs" as used in this paragraph shall mean the eligible costs of the construction of treatment plants, pumping stations, [intercepting] sewers and sewer separation by storm drains as defined in the Clean Water Act of 1977, as amended, and as further defined in rules and regulations promulgated by the U.S. Environmental Protection Agency as provided for in the Clean Water Act of 1977, as amended.
3 Intercepting Sewers Removed. Amend RSA 486:3, I to read as follows:
I. The North Conway Water Precinct or any of the municipalities of Derry, Salem, Wolfeboro, Hampton, Sunapee, Rochester, Laconia or any other municipality in receipt of an order issued by the department according to its priority criteria to undertake the construction of sewage disposal facilities in accordance with the provisions of RSA 485 or 485-A without the benefit of a federal grant is entitled to an alternate state contribution. This alternate contribution shall consist of the payment of 20 percent of the annual amortization charges, meaning principal and interest, on the original costs resulting from the acquisition and construction of the sewage disposal facilities. The word "construction" shall include engineering services, in addition to the construction of new sewage treatment plants, pumping stations, and [intercepting] sewers; and the altering, improving or adding to existing treatment plants, pumping stations and existing [intercepting] sewers, provided that the construction has been directed by the department or is an undertaking designed to control or reduce pollution in the ground or surface waters of the state, as defined in RSA 485-A:2, and provided that the plan for the facilities is approved in accordance with RSA 485:8. The term "original costs" as used in this section shall mean the entire cost of the construction as defined above, excluding land acquisition, easements, and rights of way necessary to the project.
4 Intersecting Sewers Removed. Amend RSA 485-A:4, IX-a to read as follows:
IX-a. Any person submitting plans and specifications to the department, as provided for in this section, for the construction of sewerage systems shall pay to the department a fee of $30 for each 300 gallon per day unit of flow for the first 10,000 gallons per day of total flow for which such systems are designed and $15 for each 300 gallon per day unit of flow in excess of such amount. A fee of $200 per plan sheet shall be paid for review of pump stations, force mains, [interceptors] sewers, and wastewater treatment facilities which are submitted independently of a sewer collection system. This fee shall not apply to municipalities.
5 Issuance of Certificates. Amend RSA 485-A:7-c, II-III to read as follows:
II. Certificates shall be renewed biennially. All renewal applications [and] shall be accompanied by a [$50] $100 renewal fee, which shall be deposited pursuant to RSA 485-A:7-a, II. [If the renewal fee is not submitted within 90 days of the certificate's expiration date, the certified individual's name shall be removed from the current status and the certificate shall be deemed expired. The department shall charge a late fee of 50 percent of the renewal fee in addition to the renewal fee if the renewal is late.]
III. Certificates may be issued, upon payment of the [$50] $100 fee, without examination, for a comparable classification to any person actively seeking employment in New Hampshire who holds a certificate issued by the appropriate certification agency of any federal, state, interstate,
territorial, or other jurisdiction if, in the judgment of the certification committee, the certification requirements of the jurisdiction granting such certification do not conflict with the department's rules and are not less stringent than rules adopted under this subdivision. The fee shall be deposited pursuant to RSA 485-A:7-a, II.
6 Duties of the Department; Consulting Engineers. Amend RSA 485-A:4, XIII to read as follows:
XIII. To establish rules governing the prequalification of [consulting engineers] consulting engineering firms employed in the planning and construction of public water supply and pollution control projects. Any licensed engineering firm seeking initial prequalification shall pay to the department a fee of $200. Prequalification shall be renewed annually and shall be accompanied by a $50 renewal fee. These fees shall be deposited with the state treasurer as unrestricted revenue. The department is further empowered to prescribe the contract award procedures to be followed in the awarding of construction contracts involving state financial assistance.
7 Effective Date. This act shall take effect July 1, 2024.
24-2886
Amended 2/29/24
SB 492- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2024-0557s)
AN ACT relative to wastewater engineering.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $12,500 | $12,500 | $12,500 | ||
Revenue Fund(s) | Wastewater Operator Certification Fees
| |||||
Expenditures | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
| |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A • Does this bill authorize new positions to implement this bill? [X] No | ||||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | $0 | Up to $500 | Up to $500 | Up to $500 | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Up to $12,000 | Up to $12,000 | Up to $12,000 | ||
METHODOLOGY:
This bill removes the descriptor "intercepting" from sewers from the state aid grants statutes as this term is not commonly used today. This bill also raises the fee for wastewater operator certificates and changes consulting engineers to consulting engineering firms for rulemaking purposes.
The Department of Environmental Services indicates the bill proposes to increase the fees for wastewater operator certification including new, renewal and reciprocity, from $50 to $100. Regarding county and local expenditures, the Department is unable to determine how many certified wastewater operators or individuals wishing to become certified wastewater operators pay the fees themselves or how many have their fees paid by their county or municipal employer. Assuming all local and county entities paid the certification fees for their operators, the increased expenditures to counties would be $500 per year and the estimated increase in expenditures for municipalities would be $12,000 per year. These amounts are based on 470 existing certified wastewater operators who renew every other year plus an additional 30 wastewater operators who will be certified this year. Since half of the 500 operators renew each year, the additional annual revenue from certification fees would be $12,500. About 20 certified wastewater operators work for counties. Assuming half of these operators renew each year, the annual increase in county expenditures would be $500. The remaining increase in expenditures of $12,000 would be to municipal expenditures.
AGENCIES CONTACTED:
Department of Environmental Services
