Revision: March 8, 2021, 11:12 a.m.
SB 86-FN - AS AMENDED BY THE SENATE
03/04/2021 0420s
2021 SESSION
21-0856
11/10
SENATE BILL 86-FN
AN ACT adopting omnibus legislation relative to planning and zoning.
SPONSORS: Sen. Kahn, Dist 10
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This bill adopts legislation relative to:
I. Third party inspections conducted pursuant to a planning board approval.
II. Establishing the New Hampshire housing and conservation planning program.
III. Prohibiting the installation of certain commercially available heating systems and engaging the services of certain energy providers.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/04/2021 0420s 21-0856
11/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT adopting omnibus legislation relative to planning and zoning.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Sponsorship. This act consists of the following proposed legislation:
Part I. LSR 21-0856, relative to third party inspections conducted pursuant to a planning board approval, sponsored by Sen. Kahn, Prime/Dist. 10; Sen. Watters, Dist. 4; Rep. McConkey, Carr. 3.
Part II. LSR 21-0930, establishing the New Hampshire housing and conservation planning program, sponsored by Sen. Perkins Kwoka, Prime/Dist. 21; Sen. D'Allesandro, Dist. 20; Sen. Watters, Dist. 4; Sen. Prentiss, Dist. 5; Sen. Whitley, Dist. 15; Sen. Sherman, Dist. 24; Sen. Rosenwald, Dist. 13; Rep. Griffith, Hills. 18; Rep. Vann, Hills. 24; Rep. DiLorenzo, Rock. 17.
Part III. LSR 21-0829, relative to prohibiting the installation of certain commercially available heating systems and engaging the services of certain energy providers, sponsored by Sen. Morse, Prime/Dist. 22.
2 Legislation Enacted. The general court hereby enacts the following legislation:
PART I
Relative to Third Party Inspections Conducted Pursuant to a Planning Board Approval.
1 Administrative and Enforcement Procedures; Planning Board; Third Party Review and Inspection. Amend RSA 676:4-b, II to read as follows:
II. A planning board approval of a subdivision plat, site plan, or other land use application may require the applicant to reimburse the board for expenses reasonably incurred by obtaining third-party inspection during the construction process. A planning board that requires third-party inspection during the construction process shall, as part of the inspection process, develop a scope for the project inspection in consultation with the applicant. Alternatively, a planning board approval of a subdivision plat, site plan, or other land use application may ask the applicant to provide a signed certification from the site plan designer in lieu of the third-party inspection, stating the project was built in accordance with the plans approved by the planning board. Should the planning board select this option, the site plan designer shall be a New Hampshire licensed professional engineer and the planning board may require that the certification be based on inspections at specified stages during the construction process.
2 Effective Date. Part I of this act shall take effect 60 days after its passage.
PART II
Establishing the New Hampshire Housing and Conservation Planning Program.
1 New Subdivision; Housing and Conservation Planning Program. Amend RSA 4-C by inserting after section 37 the following new subdivision:
Housing and Conservation Planning Program
4-C:38 Definitions. In this subdivision:
I. “Eligible applicant” means a single municipality or 2 or more municipalities applying together.
II. “Growth and development strategy” means a plan by a single municipality or 2 or more municipalities to guide community growth in a way that creates a balanced housing supply, including higher density and workforce housing opportunities, while preserving valuable natural resources and the community’s quality of life through efficient and compact development.
III. "Phase" means one of the 4 specific phases of developing and implementing a growth and development strategy to be funded through the housing and conservation planning program.
IV. “Program” means the housing and conservation planning program.
4-C:39 Housing and Conservation Planning Program Established. There is hereby established the housing and conservation planning program, which shall be administered by the office of strategic initiatives. The program shall provide technical assistance matching grants to municipalities to plan for growth and development in a manner that permits a balanced housing stock, including higher density and workforce housing opportunities, and promotes, whenever possible the reuse of existing buildings, including historic properties, while protecting communities’ natural resources through more efficient and compact development. Participation in the program is voluntary.
4-C:40 Program Administration; Eligible Applicants; Use of Program Funds.
I. Eligible applicants shall include:
(a) Municipalities; or
(b) A group of municipalities applying together to plan on a regional basis.
II. Awards of program funds may be used to purchase technical assistance from third-party technical assistance providers, including but not limited to regional planning commissions, to achieve the purposes of the program.
4-C:41 Program Administration; Eligible Technical Assistance.
I. The program shall award matching grants to fund technical assistance activities in the development and implementation of a growth and development strategy. The 4 specific phases of activities are as follows:
(a) Phase 1: Natural and Historic Resource and Housing Data Gathering and Analysis. This phase includes:
(1) Understanding and mapping housing, income, and demographic data, including housing market costs, housing units needed to meet future expected growth in a municipality and the region, and the affordability of a municipality’s housing for all income ranges.
(2) Mapping land use values, including conservation, soils, wetlands, working forests, farmlands, and other natural resources.
(3) Developing a build-out analysis of growth and development impacts on housing availability and natural resources.
(4) Mapping historic structures and buildings within communities.
(b) Phase 2: Development of the Growth and Development Strategy. This phase includes:
(1) Drafting and endorsing a growth and development strategy to guide future growth, including using land more efficiently and encouraging compact development and reuse of suitable historic and existing structures. The growth and development strategy would also identify specific areas to be conserved and to be developed.
(2) Engaging in a public process to develop the growth and development strategy.
(3) Auditing the existing master plan to identify portions that conflict with or pose a barrier to achieving the growth and development strategy.
(c) Phase 3: Integration of Growth and Development Strategy into the Master Plan. This phase includes:
(1) Rewriting or amending the master plan so that it can realistically implement the growth and development strategy.
(2) Adopting the revised master plan.
(3) Auditing existing municipal ordinances, including zoning, site-plan, and subdivision regulations, to identify conflicts with the growth and development strategy and the revised master plan.
(d) Phase 4: Implementation into Regulatory Framework. This phase includes:
(1) Rewriting and amending municipal ordinances, including zoning, site-plan, and subdivision regulations, to allow for the realistic implementation of growth and development strategy and the new master plan.
(2) Drafting and adopting new articles that incorporate new tools to accomplish the growth and development strategy, including transfer of development rights, density bonuses, cluster development, and inclusionary zoning.
(3) Seeking the adoption of the needed amendments to municipal ordinances.
II. Each phase shall require that:
(a) Municipalities address housing and conservation together in an integrated manner.
(b) Municipalities engage in a communication and education process that will promote informed decision-making and communicate with and educate citizens regarding the work being undertaken in each phase of the process.
III. Municipalities may be awarded technical assistance for only one phase at a time but may apply and obtain funding for each successive phase. Funding for future phases shall require a demonstration that the previous phase was accomplished in a manner consistent with the principles of the program. Such a showing shall also result in a priority for additional funding.
IV. Municipalities’ initial applications for funding need not start with the first phase in the process. However, to begin with a later phase, an initial application shall demonstrate prior completion of the previous phase’s work in a manner consistent with the program principles.
4-C:42 Rulemaking Authority. Upon the effective date of this subdivision, the office of strategic initiatives shall adopt rules, pursuant to RSA 541-A, relative to operation of the housing and conservation planning program, including:
I. The application process.
II. The amount of matching funds required and permissible sources for matching funds.
III. Reporting requirements by municipalities.
IV. Scoring criteria for awarding grants that provide a priority for applications that address growth and development on a regional basis and provide opportunities for municipalities without professional planning staff to access the program.
4-C:43 Housing and Conservation Planning Program Advisory Board Established.
I. There is hereby established the housing and conservation planning program advisory board.
II. The advisory board shall review and comment on proposed rules and scoring criteria used by the office of strategic initiatives to evaluate applications for matching grants.
III. The advisory board shall consist of:
(a) One member of the senate, appointed by the senate president.
(b) Two members of the house of representatives, appointed by the speaker of the house of representatives.
(c) The commissioner of the department of natural and cultural resources, or designee.
(d) The commissioner of the department of business and economic affairs, or designee.
(e) The commissioner of the department of transportation, or designee.
(f) One member appointed by each of the following entities:
(1) The New Hampshire housing finance authority.
(2) The New Hampshire community development finance authority.
(3) The current use board.
(4) The land and community heritage authority.
(5) The New Hampshire Municipal Association.
(6) The New Hampshire Association of Regional Planning Commission Executive Directors.
(7) The Business and Industry Association of New Hampshire.
(8) Housing Action New Hampshire.
(9) The Home Builders and Remodelers Association of New Hampshire.
(10) The New Hampshire Preservation Alliance.
(11) The Society for the Protection of New Hampshire Forests.
(12) Plan NH.
(13) New Hampshire Association of Realtors.
IV. Members of the advisory board shall serve without compensation, except that legislative members of the board shall receive mileage at the legislative rate when attending to the duties of the board.
4-C:44 Program Principles. The program shall be guided by the following principles. Awards of technical assistance funding shall be based on consistency with these principles:
I. Consistency with smart growth principles in RSA 9-B:3.
II. Development of a comprehensive growth and development strategy through which a municipality integrates housing and conservation planning.
III. Planning for the full range of current and future housing needs for families of all income levels, as encouraged in RSA 672:1, III-e.
IV. Planning for the protection of natural and historic resource values, as encouraged in RSA 36-A:2, including the preservation of working forests and farmlands as provided in RSA 672:1, III-b and III-c, and critical or sensitive natural areas and resources, including water resources as provided for in RSA 674:2, III(d).
V. Evaluating these conservation and housing issues on a community-wide, site-by-site, and regional basis.
VI. Understanding the interrelationship between natural resources and housing development in a municipality and the impact each has on the other.
VII. Planning for and encouraging higher density, compact development and allowing for the infrastructure needed to support such development.
VIII. Planning for and encouraging reuse of existing properties, especially historic structures.
IX. Planning for and integrating the growth and development strategy into the municipality’s master plan and implementation into regulatory structure.
X. Encouragement of community input and education of citizens about the growth and development strategy and the need to plan for future conservation and housing growth.
2 Effective Date. Part II of this act shall take effect July 1, 2021.
PART III
Prohibiting the Installation of Certain Commercially Available Heating Systems and
Engaging the Services of Certain Energy Providers.
1 New Paragraph; State Building Code. Amend RSA 155-A:2 by inserting after paragraph V-a the following new paragraph:
V-b. Notwithstanding paragraph V, no county, city, town, village district, local land use board, or other subdivision of this state shall adopt any ordinance, regulation, code, or administrative practice that prohibits or restricts a person or entity from installing a safe and commercially available heating or other energy system of their choice or to engage the services of an energy provider of their choice to install, connect, or resupply such energy system. In this paragraph, “energy provider” means a qualified and licensed distributor of oil, propane, natural gas, or other company or entity that supplies energy or related services to the public.
2 New Paragraph; Local Land Use Planning; Power to Amend State Building Code. Amend RSA 674:51 by inserting after paragraph V the following new paragraph:
VI. Notwithstanding paragraph I, no county, city, town, village district, local land use board, or other subdivision of this state shall adopt any ordinance, regulation, code, or administrative practice that prohibits or restricts a person or entity from installing a safe and commercially available heating or other energy system of their choice or to engage the services of an energy provider of their choice to install, connect, or resupply such energy system. In this paragraph, “energy provider” means a qualified and licensed distributor of oil, propane, natural gas, or other company or entity that supplies energy or related services to the public.
3 Effective Date. Part III of this act shall take effect 60 days after its passage.
21-0856
Amended 3/8/21
SB 86-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2021-0420s)
AN ACT adopting omnibus legislation relative to planning and zoning.
PART I: Relative to third party inspections conducted pursuant to a planning board approval.
No fiscal impact.
PART II: Establishing the New Hampshire housing and conservation planning program.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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STATE: | FY 2021 | FY 2022 | FY 2023 | FY 2024 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
LOCAL: |
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Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This section establishes a housing and conservation planning program within the Office of Strategic Initiatives to provide technical assistance matching grants to municipalities to plan for growth and development in accordance with stated goals. Municipal participation in the program is voluntary. Municipalities may apply individually or collectively for awards of program funds to purchase technical assistance from third-party assistance providers, including regional planning programs. The Office of Strategic Initiatives indicates the administrative costs to operate the program, including the number of applicants, size and number of contracts that may need to be administered and available grant funding are unknown, therefore the fiscal impact is indeterminable. There is no appropriation in this section.
AGENCIES CONTACTED:
Office of Strategic Initiatives
PART III: Relative to prohibiting the installation of certain commercially available heating systems and engaging the services of certain energy providers.
No fiscal impact.