SB185 (2017) Detail

Extending the community revitalization tax relief program to coastal properties subject to storm surge, sea level rise, and extreme precipitation.


CHAPTER 203

SB 185 - FINAL VERSION

 

03/30/2017   1050s

06/08/2017   2154EBA

 

2017 SESSION

17-0903

10/05

 

SENATE BILL 185

 

AN ACT extending the community revitalization tax relief program to coastal properties subject to storm surge, sea level rise, and extreme precipitation.

 

SPONSORS: Sen. Watters, Dist 4; Sen. Fuller Clark, Dist 21; Sen. Innis, Dist 24; Rep. Cushing, Rock. 21; Rep. Chase, Rock. 20; Rep. Ward, Rock. 28

 

COMMITTEE: Ways and Means

 

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ANALYSIS

 

This bill allows municipalities to adopt a program for tax and other relief for coastal properties subject to storm surge, sea level rise, and extreme precipitation, under the community revitalization tax relief program.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/30/2017   1050s

06/08/2017   2154EBA 17-0903

10/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT extending the community revitalization tax relief program to coastal properties subject to storm surge, sea level rise, and extreme precipitation.

 

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

 

203:1  Commissioner of Revenue Administration; Equalization; Reference Added.  Amend RSA 21-J:3, XIII to read as follows:

XIII.  Equalize annually by May 1 the valuation of the property as assessed in the several towns, cities, and unincorporated places in the state including the value of property exempt pursuant to RSA 72:37, 72:37-b, 72:39-a, 72:62, 72:66, and 72:70, [and] property which is subject to tax relief under RSA 79-E:4, and property which is subject to tax relief under RSA 79-E:4-a, by adding to or deducting from the aggregate valuation of the property in towns, cities, and unincorporated places such sums as will bring such valuations to the true and market value of the property, and by making such adjustments in the value of other property from which the towns, cities, and unincorporated places receive taxes or payments in lieu of taxes, including renewable generation facility property subject to a payment in lieu of taxes agreement under RSA 72:74, as may be equitable and just, so that any public taxes that may be apportioned among them shall be equal and just.  In carrying out the duty to equalize the valuation of property, the commissioner shall follow the procedures set forth in RSA 21-J:9-a.

203:2  Definition; Qualifying Structure.  Amend RSA 79-E:2, II to read as follows:

II.  "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.  Qualifying structure shall also mean historic structures in a municipality whose preservation and reuse would conserve the embodied energy in existing building stock.  Cities or towns may further limit "qualifying structure'' according to the procedure in RSA 79-E:3 as meaning only a structure located within such 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.  Cities or towns may further modify "qualifying structure'' to include buildings that have been destroyed by fire or act of nature, including where such destruction occurred within 15 years prior to the adoption of the provisions of this chapter by the city or town.  In a city or town that has adopted the provisions of RSA 79-E:4-a, "qualifying structure" also means potentially impacted structures identified by the municipality within the coastal resilience incentive zone established under RSA 79-E:4-a.

203:3  New Section; Community Revitalization Tax Relief Incentive; Coastal Resilience Incentive Zone.  Amend RSA 79-E by inserting after section 4 the following new section:

79-E:4-a  Coastal Resilience Incentive Zone.

I.  A city or town may adopt the provisions of this section by vote of its legislative body, according to the procedures described in RSA 79-E:3, to establish a coastal resilience incentive zone (CRIZ).  Municipalities may use storm surge, sea-level rise, and extreme precipitation projections in the 2016 report of the New Hampshire Coastal Risk and Hazards Commission, "Preparing New Hampshire for Projected Storm Surge, Sea-Level Rise, and Extreme Precipitation," and its successor projections, to identify potentially impacted structures.

II.  The municipality implementing a CRIZ shall determine the resilience measures it deems qualifying, such as, but not limited to, elevation and free-board renovations, elevation of mechanicals, construction of resilient natural features, enhancement or creation of tidal marshes, elevation of private driveways and sidewalks, construction or enlargement of private culverts and other structures to enable increased water flow and storm-surge, and movement of property to higher elevation on the property or to a newly acquired property at a higher elevation within the municipality.  Municipalities may grant tax relief to the qualifying structure and property as described in RSA 79-E:4.

III.  Municipalities may provide other relief to properties in a coastal resilience incentive zone that are subject to repeated inundation, by acquiring preservation or water control easements or establishing tax increment financing districts.

IV.  Municipalities may create a nonlapsing CRIZ fund as a capital reserve fund under RSA 34 or RSA 35, or a town-created trust fund under RSA 31:19-a, to provide funding for projected municipal costs associated with projected storm surge, sea-level rise, and extreme precipitation, and such funds may be used to support the coastal resilience incentive zone purpose established in this section.

203:4  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: July 05, 2017

Effective Date: September 03, 2017

Links


Date Body Type
March 15, 2017 Senate Hearing
March 30, 2017 Senate Floor Vote
April 13, 2017 House Hearing
May 17, 2017 House Exec Session
June 1, 2017 House Floor Vote

Bill Text Revisions

SB185 Revision: 1388 Date: July 6, 2017, 1:18 p.m.
SB185 Revision: 1389 Date: June 14, 2017, 12:15 p.m.
SB185 Revision: 1390 Date: March 31, 2017, 1:16 p.m.
SB185 Revision: 1391 Date: Jan. 25, 2017, 9:06 a.m.

Docket


Sept. 3, 2017: Signed by the Governor on 07/05/2017; Chapter 0203; Effective 09/03/2017


June 22, 2017: Enrolled (In recess 06/22/2017); SJ 20


June 22, 2017: Enrolled 06/22/2017 HJ 19 P. 23


June 8, 2017: Enrolled Bill Amendment # 2017-2154e Adopted, VV, (In recess of 06/08/2017); SJ 20


June 8, 2017: Enrolled Bill Amendment # 2017-2154e: AA VV 06/08/2017 HJ 18 P. 9


June 1, 2017: Ought to Pass: MA VV 06/01/2017 HJ 17 P. 143


: Minority Committee Report: Inexpedient to Legislate


June 1, 2017: Majority Committee Report: Ought to Pass for 06/01/2017 (Vote 17-5; RC) HC 26 P. 19


May 17, 2017: Executive Session: 05/17/2017 10:30 AM LOB 202


May 9, 2017: Full Committee Work Session: 05/09/2017 01:00 PM LOB 202


April 13, 2017: Public Hearing: 04/13/2017 02:00 PM LOB 202


March 23, 2017: Introduced 03/23/2017 and referred to Ways and Means HJ 11 P. 28


March 30, 2017: Ought to Pass with Amendment 2017-1050s, MA, VV; OT3rdg; 03/30/2017; SJ 12


March 30, 2017: Committee Amendment # 2017-1050s, AA, VV; 03/30/2017; SJ 12


March 30, 2017: Committee Report: Ought to Pass with Amendment # 2017-1050s, 03/30/2017; SC 16


March 15, 2017: Hearing: 03/15/2017, Room 100, SH, 09:15 am; SC 14


Jan. 19, 2017: Introduced 01/19/2017 and Referred to Ways and Means; SJ 5