transferring funding for the water well board from the general fund to a special nonlapsing fund.
Summary
HB 1088 creates a dedicated Water Well Board Fund in the state treasury and moves the board’s funding source from the General Fund to that special, nonlapsing fund. The new fund is continually appropriated and revolving, meaning the money deposited into it can be used directly for Water Well Board operations without lapsing at the end of a fiscal year. The bill directs all fees, fines, and civil penalties collected under the water well law chapter to be deposited into this fund, and it also requires investment earnings to remain in the fund.
The bill amends the water well statutes so that fees and enforcement revenues that previously went to the General Fund will instead support the Water Well Board. It also ties the fund to the board’s statutory duties, making the fund the ongoing source for administering the board’s responsibilities. The act is scheduled to take effect on January 1, 2027.
Impact
HB 1088 changes the flow of revenue under RSA 482-B by redirecting water well board-related fees, fines, and civil penalties from the General Fund to a newly created special fund. It also adds the Water Well Board Fund to the list of state treasury funds in RSA 6:12 and makes the fund the designated repository for board revenues. According to the fiscal note, this would reduce General Fund revenue by an estimated $242,600 annually beginning in FY 2027, while increasing Water Well Board Fund revenue by the same amount, and would shift about $103,141 in annual administrative costs for a board staff position from the General Fund to the new fund.
Sentiment
The available context suggests the bill is largely administrative and technical in nature, and it appears to have been requested by the Department of Environmental Services. There are no recorded committee transcripts or votes in the provided material indicating strong opposition or controversy. Overall, the bill appears to have been treated as a funding reorganization measure intended to align the board’s costs with the revenues it generates.
Contention
The main policy issue is fiscal rather than substantive: whether water well-related revenues should continue supporting the General Fund or be reserved for the Water Well Board through a dedicated nonlapsing fund. Any concern would likely come from the General Fund losing roughly $242,600 in annual revenue and from the creation of a continually appropriated fund that reduces annual legislative control over those monies. Supporters would likely emphasize that the board’s fees and penalties should directly fund the board’s regulatory work, while any critics would focus on the loss of unrestricted revenue and the budgetary precedent of earmarking fees for specific programs.
Transferring administration of the program for the deaf and hard of hearing and the board of licensure of interpreters for the deaf, deafblind, and hard of hearing to the office of professional licensure and certification.
Prohibiting the use of special education state aid funds and differentiated aid special education funds on students not receiving special education services.