CHAPTER 91
HB 576-FN-A-LOCAL - FINAL VERSION
14Feb2023... 0162h
6Apr2023... 0692h
2023 SESSION
23-0399
06/10
HOUSE BILL 576-FN-A-LOCAL
SPONSORS: Rep. Mangipudi, Hills. 11; Rep. Darby, Hills. 11; Rep. McWilliams, Merr. 30; Rep. Preece, Hills. 17; Sen. Watters, Dist 4; Sen. Altschiller, Dist 24
COMMITTEE: Science, Technology and Energy
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AMENDED ANALYSIS
This bill clarifies the use of a commercial property assessed clean energy (C-PACE) model in a clean energy efficiency and clean energy district under RSA 53-F. The bill also provides for senior lien status for clean energy efficiency and clean energy districts and for the lien of the assessment contract to run with the property until the assessment is paid in full.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14Feb2023... 0162h
6Apr2023... 0692h 23-0399
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
91:1 New Paragraph; Authority; Energy Efficiency and Clean Energy Districts; C-PACE Programs. Amend RSA 53-F:3 by inserting after paragraph VI the following new paragraph:
VII. Adoption of a clean energy efficiency and clean energy district shall include a commercial property assessed clean energy (C-PACE) model implemented according to the most recent U.S. Department of Energy (DOE) released best practice guidelines for PACE financing programs.
91:2 Energy Efficiency and Clean Energy Districts; Priority Lien and Collection. Amend RSA 53-F:8 to read as follows:
53-F:8 Priority; Collection and Enforcement. Collection of special assessments under this chapter shall be made by the tax collector or other official responsible for property tax or municipal service charge collection. A municipality shall commit bills for amounts due on the special assessments, including interest and any charges, to the tax collector with a warrant signed by the appropriate municipal officials requiring the tax collector to collect them. Each year bills for amounts due on the special assessments shall coincide with bills for property taxes or municipal service charges. [Each special assessment on the property of a participating property owner shall create a lien on the property pursuant to RSA 80:19, except that the lien shall be junior to existing liens of record at the time the bill for the assessment is mailed to the participating property owner. Enforcement powers for nonpayment shall be those provided under RSA 80 relative to property tax collection, including RSA 80:19; provided, however, a tax sale of the property shall not extinguish prior liens of record. At the time of enforcement, only the past due balances of the special assessment under this chapter, including all interest, charges, and penalties, shall be due for payment. Notwithstanding any other provision of law, in the event of a transfer of property ownership through foreclosure or a sheriff's sale by a senior mortgagee or lienholder which has consented to the making of a loan by a private lender under the provisions of this chapter, the lien of the municipality shall not be extinguished, and the net proceeds of the sale, if any, after payment of all prior obligations to mortgagees and lienholders, costs and expenses of foreclosure or sheriff's sale, shall be first applied to the payment of any past due balances of the loan and then any excess shall be applied against the remaining balance of the loan. If a senior mortgagee or lienholder has not given its consent to the loan, a foreclosure or sheriff's sale by the mortgagee or lienholder shall extinguish all junior mortgages and liens.] Each special assessment imposed under a clean energy efficiency and clean energy district program pursuant to an assessment contract, including any interest on the assessment and any penalty, shall, upon recording of the assessment contract in the county in which the district area is located, constitute a lien against the property on which the assessment is imposed until the assessment, including any interest or penalty, is paid in full. The lien of the assessment contract shall run with the property until the assessment is paid in full and a satisfaction or release for the same has been recorded by the town, city, or district or its program administrator and shall have the same lien priority and status as other property tax and special assessment liens as provided in RSA 80. The town, city, or district, or any permitted assignee, shall have all rights and remedies in the case of default or delinquency in the payment of an assessment as it does with respect to delinquent property taxes and other delinquent special assessments as set forth in RSA 80, except that all prior recorded mortgages or liens shall retain priority over the lien of the assessment contract unless all such mortgagees or lienholders of record have consented to the lien as provided for in RSA 53-F:5.
91:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 20, 2023
Effective Date: August 19, 2023
| Date | Amendment |
|---|---|
| Feb. 3, 2023 | 2023-0162h |
| March 22, 2023 | 2023-0692h |
| Date | Body | Type |
|---|---|---|
| Jan. 24, 2023 | House | Hearing |
| Jan. 30, 2023 | House | Exec Session |
| Jan. 31, 2023 | House | Floor Vote |
| March 20, 2023 | House | Exec Session |
| March 22, 2023 | House | Floor Vote |
| Jan. 31, 2023 | House | Floor Vote |
| March 20, 2023 | House | Exec Session |
| March 22, 2023 | House | Floor Vote |
| April 25, 2023 | Senate | Hearing |
| May 18, 2023 | Senate | Floor Vote |
June 21, 2023: Signed by Governor Sununu 06/20/2023; Chapter 91; Eff:08/19/2023
June 13, 2023: Enrolled (in recess of) 06/08/2023 HJ 15
June 13, 2023: Enrolled Adopted, VV, (In recess 06/08/2023); SJ 19
May 18, 2023: Ought to Pass: MA, VV; OT3rdg; 05/18/2023; SJ 15
May 16, 2023: Committee Report: Ought to Pass, 05/18/2023; Vote 5-0; CC; SC 22A
April 19, 2023: Hearing: 04/25/2023, Room 103, SH, 09:30 am; SC 19
April 11, 2023: Introduced 03/30/2023 and Referred to Energy and Natural Resources; SJ 13
April 6, 2023: Ought to Pass with Amendment 2023-0692h: MA VV 04/06/2023 HJ 12 P. 210
April 6, 2023: Amendment # 2023-0692h: AA VV 04/06/2023 HJ 12 P. 209
March 27, 2023: Committee Report: Ought to Pass with Amendment # 2023-0692h 03/22/2023 (Vote 21-4; RC)
March 16, 2023: Executive Session: 03/20/2023 01:00 pm LOB 210-211
March 27, 2023: Committee Report: Ought to Pass with Amendment # 2023-0692h 03/22/2023 (Vote 21-4; RC)
Feb. 23, 2023: Division Work Session: 03/03/2023 10:30 am LOB 212
March 16, 2023: Executive Session: 03/20/2023 01:00 pm LOB 210-211
Feb. 16, 2023: Division Work Session: 02/21/2023 01:30 pm LOB 212
Feb. 14, 2023: Referred to Finance 02/14/2023 HJ 5
Feb. 23, 2023: Division Work Session: 03/03/2023 10:30 am LOB 212
Feb. 16, 2023: Division Work Session: 02/21/2023 01:30 pm LOB 212
Feb. 14, 2023: Referred to Finance 02/14/2023 HJ 5
Feb. 14, 2023: Ought to Pass with Amendment 2023-0162h: MA VV 02/14/2023 HJ 5 P. 26
Feb. 14, 2023: Ought to Pass with Amendment 2023-0162h: MA VV 02/14/2023 HJ 5
Feb. 14, 2023: Amendment # 2023-0162h: AA VV 02/14/2023 HJ 5 P. 26
March 28, 2023: Committee Report: Ought to Pass with Amendment # 2023-0162h (NT) 01/31/2023 (Vote 14-5; RC) HC 11 P. 15
Feb. 14, 2023: Amendment # 2023-0162h: AA VV 02/14/2023 HJ 5
Feb. 7, 2023: Committee Report: Ought to Pass with Amendment # 2023-0162h (NT) 01/31/2023 (Vote 14-5; RC) HC 11
Jan. 25, 2023: Executive Session: 01/30/2023 04:00 pm LOB 302-304
Jan. 18, 2023: Public Hearing: 01/24/2023 01:00 pm LOB 302-304
Jan. 11, 2023: Introduced (in recess of) 01/05/2023 and referred to Science, Technology and Energy HJ 3 P. 21