HLS 16RS-1084 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 700
BY REPRESENTATIVE STOKES
FEES/LICENSES/PERMITS: Provides relative to fees assessed for certain functions
performed by the office of public health
1 AN ACT
2To amend and reenact R.S. 40:4.7, R.S. 40:31.32(B), (D), and (E), 31.33(A)(1), and
3 31.37(H) and (I) and to enact R.S. 40:31.37(J) and 31.38 through 31.40, relative to
4 fees imposed by the Department of Health and Hospitals, office of public health; to
5 provide for revision and implementation of certain fees collected by the office of
6 public health; to increase the safe drinking water administration fee; to establish plan
7 review and reinspection fees for certain facilities and establishments; to implement
8 permit fees for dairy plants and dairy farms; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 40:4.7, R.S. 40:31.32(B), (D), and (E), 31.33(A)(1), and 31.37(H)
11and (I) are hereby amended and reenacted and R.S. 40:31.37(J) and 31.38 through 31.40 are
12hereby enacted to read as follows:
13 §4.7. New Orleans Jazz and Heritage Festival
14 Food Each food and beverage services vendor at the New Orleans Jazz and
15 Heritage Festival shall be subject to inspection and compliance with applicable
16 provisions of the state sanitary code and especially the special event food and
17 beverage preparation regulations that pertain to equipment, design, construction,
18 utensils, supplies, preparation, and services. The festival shall not be subject to
19 exemptions granted in R.S. 40:4.5. Notwithstanding any statute or rule to the
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1 contrary, the department shall charge a permit fee in the amount of thirty-seven
2 dollars and fifty cents to each food and beverage vendor at the festival.
3 * * *
4 §31.32. Individual sewage fees
5 * * *
6 B. The department shall charge and collect a one-time fee of one hundred
7 fifty dollars for each individual-type sewerage system installed for residential use.
8 Such fee shall be payable by the manufacturer or, if authorized by the department,
9 manufacturer-authorized system distributor, franchise, sale, or agent thereof.
10 * * *
11 D.(1) For each sewerage installer license issued to a person who installs
12 sewage treatment systems, the department shall charge and collect an annual fee of
13 one hundred fifty dollars payable by the individual seeking licensure.
14 (2) For each sewerage maintenance license issued to a person who maintains
15 or services sewage treatment systems, the department shall charge and collect an
16 annual fee of one hundred fifty dollars payable by the individual seeking licensure.
17 (3) For each combination installer and maintenance license issued to a
18 person who installs and maintains or services sewage treatment systems, the
19 department shall charge and collect an annual fee of one hundred fifty dollars
20 payable by the individual seeking licensure.
21 E.(1) The department shall charge and collect an inspection fee of one
22 hundred fifty dollars for each sewerage treatment and interrelated systems inspection
23 or related request associated with loanmaking procedures for existing residential and
24 commercial properties. The fee shall be payable by the individual requesting such
25 inspection or related activity.
26 (2) The provisions of Paragraph (E)(1) of this Section shall not be effective
27 unless the department complies with the provisions of R.S. 40:1154. R.S.
28 40:1281.23.
29 * * *
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HB NO. 700
1 §31.33. Safe drinking water administration fee; exemptions
2 A.(1) In order to comply with the provisions of R.S. 40:5.6 and the federal
3 Safe Drinking Water Act, the department shall charge an annual fee of three six
4 dollars and twenty forty cents per metered connection or account for community
5 systems. The fee shall be collected from each consumer by the community system
6 provider and remitted to the department, minus thirty-two sixty-four cents per
7 metered connection or account to be retained by the community system provider for
8 administrative costs for the collection of such fee.
9 * * *
10 §31.37. Retail food establishment fees
11 * * *
12 H. The department shall charge and collect a fee of twenty-five dollars for
13 printing a duplicate copy of any existing permit at the request of the holder thereof.
14 I. State and local government-owned and operated facilities, churches, and
15 nonprofit organizations, as defined by the United States Internal Revenue Service,
16 are exempt from any fees authorized by this Section.
17 I. J. Notwithstanding any other provisions of this Section, the department
18 shall not collect retail food establishment fees in an amount that results in the office
19 of public health's retail food section having a surplus of more than three million
20 dollars at the end of any fiscal year.
21 §31.38. Milk and dairy farm and plant fees
22 A. The department shall charge an annual fee in the amount of ninety dollars
23 per permit issued to dairy farms and three hundred dollars per permit issued to dairy
24 plants.
25 B. Terms used in this Section have the meaning set forth in the relevant
26 portions of the sanitary code.
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HB NO. 700
1 §31.39. Office of public health reinspection fees
2 A. The department shall charge a fee of one hundred fifty dollars to conduct
3 a reinspection following the conference of any commercial facility subject to
4 regulation and inspection by the department pursuant to R.S. 40:4 and R.S. 40:5. For
5 existing permitted facilities, the fee shall be assessed to the owner of the reinspected
6 facility by notice served in the same manner provided in the sanitary code for service
7 of a notice of violation. Failure of the owner to pay the fee within thirty days shall
8 result in the initiation of the compliance order procedure. For unpermitted facilities,
9 the department shall not issue any permits to the owner until any reinspection fees
10 are paid.
11 B. As used in this Section, "reinspection" means the reinspection following
12 the conference conducted to ascertain remedial compliance related to any previous
13 routine, complaint-based, or preopening inspection that identified at least five
14 sanitary code violations, or at least one sanitary code violation constituting a "critical
15 item" as defined therein, which were not corrected during the previous inspection.
16 Any reinspection that identifies at least five sanitary code violations, or at least one
17 sanitary code violation constituting a "critical item" as defined therein, which are not
18 corrected during the reinspection shall serve as the basis for an additional
19 reinspection fee.
20 §31.40. Office of public health plan review fees
21 A.(1) The department shall charge and collect a fee for the review of any
22 plans required to be submitted in connection with any permit application for, or
23 required to be submitted in connection with, any modifications, renovations, or
24 changes in ownership, location, or occupancy classification to all of the following
25 facilities or establishments:
26 (a) Food processing plants.
27 (b) Ice plants.
28 (c) Drug manufacturers, processors, repackagers, distributors, wholesalers,
29 or warehousers.
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HB NO. 700
1 (d) Dairy facilities.
2 (e) Seafood plants, cleaners, shuckers, pickers, peelers, packers.
3 (f) Food establishments.
4 (2) For facilities less than one thousand square feet in size, the fee shall be
5 one hundred dollars.
6 (3) For facilities having a size greater than or equal to one thousand square
7 feet but less than five thousand square feet, the fee shall be two hundred dollars.
8 (4) For facilities having a size greater than or equal to five thousand square
9 feet, the fee shall be three hundred dollars.
10 (5) The department shall charge an additional one hundred dollar fee for
11 plans review of any facility or establishment required to hold more than one permit
12 from the department.
13 B.(1) The department shall charge and collect a fee for the review of any
14 plans required to be submitted in connection with any permit application for a public
15 water system, or required to be submitted in connection with any proposed
16 modifications to an existing previously permitted public water system, the customers
17 of which are not subject to the safe drinking water administration fee pursuant to
18 R.S. 40:31.33(A), in accordance with the following schedule:
19 ACTIVITY/ITEM FEE (each)
20 Water well construction/development $300
21 Surface water intake construction/development $300
22 Chemical addition (not specified) $200
23 Disinfection system - gaseous (e.g, cl2, clo2, o3) $300
24 Disinfection system - hypochlorinator $150
25 Primary filter on surface water or ground water
26 under direct influence of surface water system
27 (except membrane unit) $500
28 Filter on ground water system or secondary filter
29 for any system (except membrane unit) $300
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HB NO. 700
1 Membrane filtration unit for surface water or ground water
2 under the direct influence of surface water system $1,000
3 Membrane filtration unit for ground water system $500
4 Clarification unit - rapid mix $200
5 Clarification unit - flocculation $300
6 Clarification unit - sedimentation $300
7 Clarification unit - solids contact clarifier $500
8 Other clarification unit not specified $500
9 Pump station $250
10 Storage tank $225
11 Tank recoating $75
12 Sludge treatment and handling $150
13 Water lines 5000 feet or less $150
14 Water lines over 5000 feet $200
15 Resubmission $50
16 Variance request (per item/issue requested) $500
17 Engineering report or addendum $50
18 Ground water rule 4-log treatment of viruses
19 for each treatment plant $500
20 (2) The department shall charge the applicable fee for each of the above
21 listed activities or items included in any plans submission only to public water
22 systems the customers of which are not subject to the safe drinking water
23 administration fee pursuant to R.S. 40:31.33(A).
24 C.(1) The department shall charge and collect a fee for the review of any
25 plans required to be submitted in connection with any permit application for a
26 community sewage system, or required to be submitted in connection with any
27 proposed modifications to an existing previously permitted community sewage
28 system, in accordance with the following schedule:
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HB NO. 700
1 ACTIVITY/ITEM FEE (each)
2 Wastewater plants; average daily flow (gpd):
3 0 - 3000 $250
4 3001 - 20,000 $500
5 20,001 - 75,000 $750
6 75,001 - 150,000 $1,000
7 150,001 - 250,000 $1,500
8 250,001 - 500,000 $2,000
9 500,001 - 1,000,000 $2,500
10 1,000,000 and over $3,000
11 Collection systems:
12 Gravity collection lines - $25 per 250 feet (or portion thereof) of sewage collection
13 line, not to exceed $1500
14 Force main lines - $10.00 per 250 feet (or portion thereof) of sewage force main line,
15 not to exceed $1500
16 Equalization basins; holding capacity (gal):
17 0 - 10,000 $75
18 10,001 - 50,000 $150
19 50,001 - 100,000 $250
20 100,001 - 500,000 $350
21 500,001 and over $500
22 Pumping stations; design capacity (gpd)
23 0 - 3000 $50
24 3001 - 20,000 $150
25 20,001 - 75,000 $200
26 75,001 - 150,000 $250
27 150,001 - 250,000 $300
28 250,001 - 500,000 $400
29 500,001 and over $500
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HB NO. 700
1 Wastewater plant or collection system; capacity modifications:
2 Less than 20% increase in average daily flow- 20% of the full review fee based on
3 the category and size of the resulting facility
4 20% - 50% increase in average daily flow- 50% of the full review fee based on the
5 category and size of the resulting facility
6 More than 50% increase in average daily flow- 100% of the full review fee based on
7 the category and size of the resulting facility
8 Additional review fees:
9 Resubmission $50
10 Variance request (per requested item/issue) $500
11 Engineering report or addendum $50
12 (2) The department shall charge the applicable fee for each of the above
13 listed activities or items included in any plans submission.
14 D.(1) The department shall charge and collect a fee for the review of any
15 plans required to be submitted in connection with any permit application for a public
16 swimming pool, or in connection with any proposed modifications to an existing
17 previously permitted public swimming pool, in accordance with the following
18 schedule:
19 ACTIVITY FEE (each)
20 Public swimming pools (except minimum required
21 landing areas for water slides, water courses,
22 or water flumes) $400.00 plus $0.25/
23 sq. ft. of surface area
24 Water slides, water courses,
25 or water flumes $1,000 per flume
26 Alterations to an existing pool,
27 new filters, or new spa shell $500
28 Disinfection system change $100
29 Resubmission $50
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HB NO. 700
1 Variance request $500
2 (2) The department shall charge the applicable fee for each of the above
3 listed activities or items included in any plans submission. As used in this
4 Subsection, the term "public swimming pool" includes Class A competition pools,
5 Class B public pools, Class C semi-public pools, and Class D other pools.
6 E. The fees authorized by Subsections B through E of this Section shall be
7 charged in addition to any fees charged pursuant to R.S. 40:2017.11.
8 F. As used in this Section, the terms "permit", "permitted", and
9 "unpermitted" include those instances where applicable statutes or rules require
10 departmental approval, but do not expressly require or provide for the issuance of a
11 "permit." Except where clearly inapplicable, any technical or nominate terms
12 otherwise undefined in this Section shall have the meaning assigned to them in the
13 sanitary code.
14 Section 2. This Act shall become effective upon signature by the governor or, if not
15signed by the governor, upon expiration of the time for bills to become law without signature
16by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
17vetoed by the governor and subsequently approved by the legislature, this Act shall become
18effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 700 Engrossed 2016 Regular Session Stokes
Abstract: Increases certain fees collected by the Dept. of Health and Hospitals, office of
public health and establishes new fees.
Present law establishes licensing, permitting, inspection, and plan review fees to be collected
by the Dept. of Health and Hospitals, office of public health.
Proposed law increases or establishes fees for all of the following:
(1)Food and beverage vendors at the New Orleans Jazz and Heritage Festival.
(2)Individual sewerage systems.
(3)Retail food establishments.
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HB NO. 700
(4)Milk and dairy farms and plants.
(5)Reinspections of commercial facilities.
(6)Plan review.
Present law requires the Dept. of Health and Hospitals (DHH) to perform all inspections,
tests, or procedures on public water supplies authorized by the administrator of the
Environmental Protection Agency under the federal Safe Drinking Water Act at no cost to
any municipality, parish governing authority, or any public or privately owned water system
except as provided in present law.
Present law authorizes DHH to charge an annual fee of $3.20 per metered connection or
account for community systems to be collected from each consumer by the community
system provider and remitted to the department, minus 32¢ per metered connection or
account to be retained by the community system provider for administrative costs for the
collection of the fee.
Proposed law increases the fee to $6.40 and authorizes each community system provider to
retain 64¢.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:4.7, 31.32(B), (D), and (E), 31.33(A)(1), and 31.37(H) and (I); Adds R.S.
40:31.37(J) and 31.38-31.40)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Make technical changes.
2. Reduce the commercial facility sanitary code reinspection fee from $175 to $150.
3. Increase the safe drinking water administration fee from $3.20 to $6.40.
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