CHAPTER 206
HB 696-FN - FINAL VERSION
05/08/2025 1844s
2025 SESSION
25-0533
06/02
HOUSE BILL 696-FN
SPONSORS: Rep. Vose, Rock. 5; Rep. Janigian, Rock. 25; Rep. J. MacDonald, Carr. 6; Rep. McFarlane, Graf. 18; Rep. C. McGuire, Merr. 27; Rep. Ulery, Hills. 13; Sen. Watters, Dist 4; Sen. Lang, Dist 2
COMMITTEE: Science, Technology and Energy
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AMENDED ANALYSIS
This bill provides:
I. That an electric generating facility exempt from the utility property tax and making a payment in lieu of taxes to the municipality shall not be responsible for payment of the state education tax until such agreement expires or until July 1, 2032, whichever occurs first.
II. For calculation and payment of the utility property tax in future agreements.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/08/2025 1844s 25-0533
06/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
Be it Enacted by the Senate and House of Representatives in General Court convened:
206:1 New Paragraph; Taxation; Payment in Lieu of Taxes for Renewable Generation Facilities; Transition to Payment of State Education Property Tax. Amend RSA 72:74 by inserting after paragraph VII the following new paragraph:
VIII. In the case of an electric generating facility that is exempt from the utility property tax pursuant to RSA 83-F:1, V(g) and making payments in lieu of taxes to a municipality pursuant to RSA 72:74, if the payment in lieu of tax agreement was in effect as of July 1, 2027, then the facility shall not be liable for payment of the state education tax under RSA 76:3 until that payment in lieu of taxes agreement expires or until July 1, 2032, whichever occurs first. Once payment of the state education tax under RSA 76:3 is required, it may be included in a payment in lieu of taxes agreement pursuant to a new agreement reached under RSA 72:74, or be paid in addition to a payment in lieu of taxes agreement if the underlying agreement has not expired or been reopened and renegotiated. If, under RSA 76:3, the state education tax is paid separately from the payment in lieu of taxes, then the amount of the state education tax owed by the facility shall be determined by using the imputed value of the facility that is calculated and used by the department of revenue administration for purposes of equalization under RSA 21-J:3, XIII.
206:2 New Subparagraph; Utility Property Tax; Definitions; Exemptions. Amend RSA 83-F:1, V by inserting after subparagraph (f) the following new subparagraph:
(g) Property used for the purposes of generating electricity, except such property owned by entities as defined in RSA 362:2, I that are engaged in the distribution or transmission of electricity.
206:3 New Subparagraph; Taxation; Utility Property Taxation; Payment Forms. Amend RSA 83-F:5, V by inserting after subparagraph (b) the following new subparagraph:
(c) As of May 1 of each year the owners of property exempted from the definition of utility property under RSA 83-F:1, V(g) shall file a form, designated by the commissioner, that collects sufficient information so that the department can identify utility and non-utility property and maintain an inventory of assets that are and are not subject to the utility property tax. The form shall be signed by an authorized representative, subject to the pains and penalties of perjury. If by May 1 the taxpayer is unable to file the form required under this subparagraph, the taxpayer shall request an extension from the department. Such extension shall be valid only upon written confirmation from the department, and shall not exceed 30 days per request. No more than 2 extensions shall be granted in a given tax year.
206:4 Utility Property Tax; Exemption from Education Tax; Reference Added. Amend RSA 83-F:9 to read as follows:
83-F:9 Exemption From Education Tax. Persons and property subject to taxation under this chapter shall not be subject to tax under RSA 76:3; provided, however, that nothing in this chapter shall be construed to exempt such persons or property from local school, municipal, district, or county taxation under RSA 76, except as provided in RSA 72:74, VIII.
206:5 Applicability. This act shall apply to tax periods beginning on or after April 1, 2028.
206:6 Effective Date. This act shall take effect July 1, 2027
Approved: July 15, 2025
Effective Date: July 01, 2027
| Date | Amendment |
|---|---|
| April 30, 2025 | 2025-1844s |
| Date | Body | Type |
|---|---|---|
| Feb. 11, 2025 | House | Hearing |
| March 3, 2025 | House | Exec Session |
| March 3, 2025 | House | Floor Vote |
| March 25, 2025 | House | Hearing |
| April 1, 2025 | House | Exec Session |
| April 1, 2025 | House | Floor Vote |
| April 23, 2025 | Senate | Hearing |
| May 8, 2025 | Senate | Floor Vote |
| May 22, 2025 | Senate | Floor Vote |
July 22, 2025: Signed by Governor Ayotte 07/15/2025; Chapter 206; eff. 07/01/2027 HJ 18
July 8, 2025: Enrolled Adopted, VV, (In recess 06/26/2025); SJ 17
July 8, 2025: Enrolled (in recess of) 06/26/2025 HJ 18
June 12, 2025: House Concurs with Senate Amendment 2025-1844s (Rep. Vose): MA VV 06/12/2025 HJ 17 P. 19
May 22, 2025: Ought to Pass: MA, VV; OT3rdg; 05/22/2025; SJ 14
May 20, 2025: Committee Report: Ought to Pass, 05/22/2025; Vote 7-0; CC; SC 22A
May 8, 2025: Ought to Pass with Amendment #2025-1844s, MA, VV; Refer to Finance Rule 4-5; 05/08/2025; SJ 12
May 8, 2025: Committee Amendment # 2025-1844s, AA, VV; 05/08/2025; SJ 12
April 30, 2025: Committee Report: Ought to Pass with Amendment # 2025-1844s, 05/08/2025; Vote 5-0; CC; SC 20
April 15, 2025: Hearing: 04/23/2025, Room 100, SH, 09:45 am; SC 18
April 11, 2025: Introduced 03/27/2025 and Referred to Ways and Means; SJ 10
April 10, 2025: Ought to Pass: MA VV 04/10/2025 HJ 12 P. 22
April 10, 2025: Lay HB696 on Table (Rep. Oppel): MF DV 27-342 04/10/2025 HJ 12 P. 22
April 2, 2025: Minority Committee Report: Inexpedient to Legislate
April 2, 2025: Majority Committee Report: Ought to Pass 04/01/2025 (Vote 17-2; RC) HC 19 P. 13
March 26, 2025: Executive Session: 04/01/2025 10:30 am LOB 202-204
March 26, 2025: Full Committee Work Session: 04/01/2025 10:00 am LOB 202-204
March 19, 2025: Public Hearing: 03/25/2025 10:30 am LOB 202-204
March 13, 2025: Referred to Ways and Means 03/13/2025 HJ 8 P. 88
March 13, 2025: Ought to Pass: MA VV 03/13/2025 HJ 8 P. 88
March 5, 2025: Committee Report: Ought to Pass 03/03/2025 (Vote 18-0; RC)
Feb. 25, 2025: Executive Session: 03/03/2025 01:00 pm LOB 302-304
Feb. 7, 2025: Public Hearing: 02/11/2025 09:00 am LOB 302-304
Jan. 21, 2025: Introduced (in recess of) 01/09/2025 and referred to Science, Technology and Energy HJ 3 P. 23