HB1595: relative to establishing a statewide food truck license.

HB 1595-FN - AS INTRODUCED

2022 SESSION

22-2830

05/08

HOUSE BILL 1595-FN

AN ACT relative to establishing a statewide food truck license.

SPONSORS: Rep. Wilhelm, Hills. 42; Rep. Query, Hills. 16; Sen. Perkins Kwoka, Dist 21

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill establishes a statewide food truck license.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2830

05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to establishing a statewide food truck license.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Food Service Licensure; Statewide Food Truck License. Amend RSA 143-A by inserting after section 5-a the following new section:

143-A:5-b Statewide Food Truck License.

I. In this section, "food truck" means a mobile, fully encased food service establishment:

(a) On a motor vehicle or on a trailer that a motor vehicle pulls to transport; and

(b) From which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption.

II. No person shall operate a food truck within the state without a statewide food truck license issued by the department of health and human services. The department shall adopt rules under RSA 541-A relative to the requirements for operation of a food truck. The rules, at a minimum, shall specify: health and safety requirements; license application and renewal procedures; licensing fees; water system requirements; inspection requirements; and administrative enforcement procedures.

III. Notwithstanding the authority of municipal health officers to license food establishments under RSA 47:17 or RSA 147:1, a municipality shall not require a separate license, permit, or inspection to operate a food truck within the municipality, provided that the food truck operator registers with the municipality and provides the municipality with a valid statewide food truck license issued by the department.

IV. Nothing in this section shall prevent a municipality from enforcing local land use regulations, zoning, and other ordinances in relation to the operation of a food truck within its borders.

2 Effective Date. This act shall take effect January 1, 2023.

LBA

22-2830

Redraft 12/14/21

HB 1595-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to establishing a statewide food truck license.

FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

Appropriation

$0

$0

$0

$0

Revenue

$0

$19,500

$39,375

$39,375

Expenditures

$0

$70,100

$80,400

$83,700

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

LOCAL:

Revenue

$0

Indeterminable

Indeterminable

Indeterminable

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

METHODOLOGY:

This bill creates a statewide food truck license to be administered by the Department of Health and Human Services. Municipal health officers that license food truck establishments would no longer require a separate license, permit, or inspection to operate a food truck within the municipality, provided that the food truck operator registers with the municipality and provides the municipality with a valid statewide food truck license issued by the Department.

The Department estimates the bill will increase state revenue by approximately $39,375 per year ($225 per application * 175 licensees). This revenue would be deposited into the state general fund. The Department also anticipates the need for one full-time license coordinator position (labor grade 20) to implement the bill, with a start date of January 1, 2023.

FY 2023

FY 2024

FY 2025

CLASSIFIED, LG 20

Salary

$ 21,100

$ 43,200

$ 45,000

Benefits

$ 14,500

$ 30,200

$ 31,700

Other

$ 9,500

$ 7,000

$ 7,000

One-time startup costs (vehicle, computer, etc)

$ 25,000

$ -

$ -

Total

$ 70,100

$ 80,400

$ 83,700

This bill does not contain authorization or an appropriation for the position.

The bill will have an indeterminable impact on municipal revenue and expenditures.

AGENCIES CONTACTED:

Department of Health and Human Services