Authorizes the state to charge approval fees to recover the cost of operating the environmental laboratory program

BILL NUMBER:S6013

Title of bill

An act to amend the public health law, in relation to authorizing approval fees for environmental laboratories

Purpose

To authorize the state to charge approval fees to recover the cost of operating the environmental laboratory program.

Summary of provisions

Section One. Amends subdivisions 5, 6, 7, 8 and 9 of section 502 of the public health law as amended by chapter 699 of the laws of 1992 and subdivisions 7, 8 and 9 as renumbered by section 24 of part A of chapter 58 of the laws of 2010.

Subdivision 5 is amended to provide that subject to approval of the director of budget, will allow the commissioner to charge approval fees to recover the cost to the department of operating the program, and waive any part of those fees for labs operated by the state.

It also will also require the approval fee assessed to each environmental lab be the sum of the base administrative fee, applicable category of service fees, and any applicable inspection fees. These fees will be calculated pursuant to regulation. The Commissioner will then be required to annually publish a detailed fee schedule on the department website no later than 30 days prior to the beginning of each approval year.

Base administrative fees will include annual fees for the initial application for certificates of approval, as well as renewal and modification certificates of approval. Category of service fees will include flat fees for each category, procedure or specialty for which a certificate of approval is sought. The fees will be prorated when the certificate of approval is sought for a portion of the approval year. Inspection fees will include rates for all applicable travel costs incurred by the department sending inspectors to out-of-state labs possessing or seeking a certificate of approval. Approval fees collected should not exceed the cost to the department of operating the program and if they do exceed the cost to the department for the period, base administrative fees for the next approval year will be proportionally reduced to reflect the excess amount collected.

Section Two. Establishes the effective date.

Justification

Currently, the basis for the collection of fees for the State's certification program revolves around allowing these small business to independently report their total testing amount to the state DOH. The DOH in turn assesses the total volumes reported and assigns a value that the business must pay. This bill would streamline the payment process, give all laboratories an equitable assessment, and reduce the cost to State by eliminating the need to review and send out auditors to all state certified laboratories.

This bill will also allow for New York state businesses to become more competitive with out of state labs.

Legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the one hundred twentieth day after is shall have become law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.