Revision: Feb. 10, 2010, midnight
SB 128 – AS AMENDED BY THE SENATE
01/27/10 0216s
01/27/10 0308s
2009 SESSION
10/03
SENATE BILL 128
AN ACT relative to the community revitalization tax relief incentive, and clarifying the authority of towns to respond appropriately to the American Recovery and Reinvestment Act of 2009 and similar acts.
SPONSORS: Sen. Fuller Clark, Dist 24
COMMITTEE: Public and Municipal Affairs
This bill allows cities and towns to modify certain requirements of the community revitalization tax relief incentive program under RSA 79-E.
This bill also clarifies the authority of towns, village districts, or school districts to respond appropriately to the American Recovery and Reinvestment Act of 2009 and similar acts adopted by Congress.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/27/10 0216s
01/27/10 0308s
09-0994
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the community revitalization tax relief incentive, and clarifying the authority of towns to respond appropriately to the American Recovery and Reinvestment Act of 2009 and similar acts.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Community Revitalization Tax Relief Incentive; Definition; Qualifying Structure. Amend RSA 79-E:2, I to read as follows:
I. “Qualifying structure” means a building located in a district officially designated in a municipality’s master plan, or by zoning ordinance, as a downtown, town center, central business district, or village center, or, where no such designation has been made, in a geographic area which, as a result of its compact development patterns and uses, is identified by the governing body as the downtown, town center, or village center for purposes of this chapter. Cities or towns may further define “qualifying structure” according to the procedure in RSA 79-E:3 as meaning only a structure located within applicable districts that meet certain age, occupancy, condition, size, or other similar criteria consistent with local economic conditions, community character, and local planning and development goals.
2 Community Revitalization Tax Relief Incentive; Definition; Substantial Rehabilitation. Amend RSA 79-E:2, II to read as follows:
II. “Substantial rehabilitation” means rehabilitation of a qualifying structure which costs at least 15 percent of the pre-rehabilitation assessed valuation or at least $75,000, whichever is less. Cities or towns may further define "substantial rehabilitation" according to the procedure in RSA 79-E:3 as meaning rehabilitation which costs more than 15 percent of pre-rehabilitation assessed valuation and $75,000 based on local economic conditions, community character, and local planning and development goals.
3 Adoption Procedure; Modification. Amend RSA 79-E:3, I to read as follows:
I. Any city or town may adopt or modify the provisions of this chapter by voting whether to accept for consideration or modify requirements for requests for community revitalization tax relief incentives. Any city or town may do so by following the procedures in this section.
4 New Paragraph; Duration of Tax Relief Period; Local Guidelines. Amend RSA 79-E:5 by inserting after paragraph III the following new paragraph:
IV. The governing body may adopt local guidelines to assist it in determining the appropriate duration of the tax assessment relief period.
5 New Section; Public Benefit Determinations. Amend RSA 79-E by inserting after section 7 the following new section:
79-E:7-a Public Benefit Determinations. Cities or towns may adopt according to the procedure in RSA 79-E:3 provisions that further define the public benefits enumerated in RSA 79-E:7 to assist the governing body in evaluating applications made under this chapter based on local economic conditions, community character, and local planning and development goals.
6 New Paragraph; Extent of Tax Relief. Amend RSA 79-E:13 by inserting after paragraph II the following new paragraph:
III. The tax relief granted under this chapter shall only apply to substantial rehabilitation or replacement that commences after the governing body approves the application for tax relief and the owner grants to the municipality the covenant to protect the public benefit as required in this chapter.
6 American Recovery and Reinvestment Act of 2009; Local Authority. Amend the introductory paragraph of 2009, 14:2, as amended by 2009, 229:5, to read as follows:
14:2 American Recovery and Reinvestment Act of 2009; Special Meeting; Appropriation and Expenditure of Funds. Notwithstanding any other provision of law, the governing body of any town, village district, or school district, including those towns that have adopted RSA 40:13, may call a special meeting, without court approval, to consider an appropriate response to the American Recovery and Reinvestment Act of 2009 or any similar act adopted by Congress in [2009] 2010 or 2011. The legislative body at such a meeting may authorize the appropriation and expenditure of any funds allocated to the political subdivision by or through the federal act, the appropriation and expenditure of any local matching share, the issuance of bonds for any local share, and the adoption of a warrant article under the provisions of RSA 31:95-b or RSA 198:20-b. Such meetings shall be subject to the following:
8 Effective Date. This act shall take effect upon its passage.