HB 1567-FN - VERSION ADOPTED BY BOTH BODIES
05/16/2024 1981s
2024 SESSION
24-2081
10/02
HOUSE BILL 1567-FN
AN ACT relative to zoning provisions concerning family and group family child care uses.
SPONSORS: Rep. Grassie, Straf. 8; Rep. Wallner, Merr. 19; Rep. D. Paige, Carr. 1; Rep. Berry, Hills. 39; Rep. McWilliams, Merr. 30; Rep. N. Murphy, Hills. 12; Rep. Baroody, Hills. 39; Rep. C. McGuire, Merr. 27; Rep. Grote, Rock. 24; Sen. Perkins Kwoka, Dist 21; Sen. Whitley, Dist 15
COMMITTEE: Special Committee on Childcare
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ANALYSIS
This bill generally requires family and group family child care programs to be allowed as an accessory use to any primary residential use under local zoning and planning regulations.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/16/2024 1981s 24-2081
10/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to zoning provisions concerning family and group family child care uses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Planning and Zoning; General Provisions; Child Care Programs. RSA 672:1, V-a is repealed and reenacted to read as follows:
V-a. All families of the state benefit from a balanced and diverse supply of affordable child care in a setting conducive to each child’s and family's needs. Establishment of child care which is safe and affordable is in the best interests of each community and the state of New Hampshire and serves a vital public need. Opportunity for development of all types of home-based care (family care and group family care) shall be allowed as long as all requirements for such programs adopted in rules of the department of health and human services (He-C 4002) are met. Family or group family child care shall be allowed as an accessory use to any primary residential use and shall not be subject to local site plan review regulations in any zone where a residential use is permitted; and
2 New Paragraph; Zoning; Powers. Amend RSA 674:16 by inserting after paragraph V the following new paragraph:
VI. In its exercise of the powers granted under this subdivision, the local legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places shall, as described in RSA 672:1, V-a, allow home-based care (family care and group family care) by right or pursuant to a conditional use permit as long as all requirements for such programs adopted in rules of the department of health and human services (He-C 4002) are met. Family or group family child care shall be allowed as an accessory use to any primary residential use and shall not be subject to local site plan review in any zone where a primary residential use is permitted. If all requirements of the department of health and human services are met, but an application for a conditional use permit is pending with the municipality in which the home-based child care facility is located, an applicant may begin operation during such time until the permit is granted or denied.
3 Effective Date. This act shall take effect 60 days after its passage.
24-2081
Revised 2/6/24
HB 1567-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to zoning provisions concerning family and group family child care uses.
FISCAL IMPACT: [ ] State [ ] County [ X ] Local [ ] None
| |||||
Estimated Political Subdivision Impact - Increase / (Decrease) | |||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | |
County Revenue | $0 | $0 | $0 | $0 | |
County Expenditures | $0 | $0 | $0 | $0 | |
Local Revenue | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | |
Local Expenditures | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | |
METHODOLOGY:
This bill requires family and group family child care programs to be allowed as an accessory use to any primary residential use under local zoning and planning requirements. The New Hampshire Municipal Association states that the bill require municipalities to allow what is already provided for under RSA 672:1, V-a. However, the bill does decrease the administrative burden by eliminating local site plan review regulations relative to home-based childcare. While this will decrease municipal revenue by some indeterminable amount (due to the lack of administrative fee collection associated with such review), it will also decrease municipal costs by some indeterminable amount (due to the lack of need for municipal staff processing the site plan application). The Association notes that it does not anticipate an increase in the number of applications for home-based childcare, due to profitability being more closely linked to housing costs than any other factor.
The Department of Health and Human Services states the bill will have no fiscal impact on that department.
AGENCIES CONTACTED:
New Hampshire Municipal Association and Department of Health and Human Services
| Date | Amendment |
|---|---|
| May 7, 2024 | 2024-1824s |
| May 15, 2024 | 2024-1981s |
| Date | Body | Type |
|---|---|---|
| Feb. 7, 2024 | House | Hearing |
| Feb. 21, 2024 | House | Exec Session |
| March 6, 2024 | House | Exec Session |
| March 6, 2024 | House | Floor Vote |
| April 30, 2024 | Senate | Hearing |
| May 16, 2024 | Senate | Floor Vote |
| May 15, 2024 | Senate | Floor Vote |
| May 23, 2024 | Senate | Floor Vote |
| May 22, 2024 | Senate | Floor Vote |
July 15, 2024: Enrolled (in recess of) 06/13/2024
July 11, 2024: Enrolled Adopted, VV, (In recess 06/13/2024); SJ 18
May 31, 2024: House Concurs with Senate Amendment 2024-1981s (Rep. J. Nelson): MA VV 05/30/2024 HJ 15
May 23, 2024: Ought to Pass: MA, VV; OT3rdg; 05/23/2024; SJ 15
May 22, 2024: Special Order to 05/23/2024, Without Objection, MA; 05/22/2024 SJ 14
May 21, 2024: Committee Report: Ought to Pass, 05/22/2024, Vote 7-0; SC 20A
May 16, 2024: Ought to Pass with Amendment 2024-1981s, MA, VV; Refer to Finance Rule 4-5; 05/16/2024; SJ 13
May 16, 2024: Sen. Perkins Kwoka Floor Amendment # 2024-1981s, AA, VV; 05/16/2024; SJ 13
May 16, 2024: Committee Amendment # 2024-1824s, AF, VV; 05/16/2024; SJ 13
May 16, 2024: Special Order to 05/16/2024, Without Objection, MA; 05/15/2024 SJ 12
May 7, 2024: Committee Report: Ought to Pass with Amendment #2024-1824s, 05/16/2024, Vote 5-0; SC 19
April 24, 2024: Hearing: 04/30/2024, Room 103, LOB, 10:20 am; SC 17
March 26, 2024: Introduced 03/21/2024 and Referred to Election Law and Municipal Affairs; SJ 8
March 21, 2024: Ought to Pass: MA VV 03/21/2024 HJ 9 P. 17
March 11, 2024: Committee Report: Ought to Pass 03/06/2024 (Vote 10-0; CC)
Feb. 28, 2024: ==CONTINUED== Executive Session: 03/06/2024 11:00 am LOB 104
Feb. 15, 2024: ==RECESSED== Executive Session: 02/21/2024 10:00 am LOB 104
Jan. 31, 2024: Public Hearing: 02/07/2024 01:30 pm LOB 209
Dec. 15, 2023: Introduced 01/03/2024 and referred to Special Committee on Childcare HJ 1