SB174 (2025) Detail

Prohibiting planning boards from considering the number of bedrooms a given unit or development has during the hearing and approval process.


SB 174 - AS AMENDED BY THE HOUSE

 

22May2025... 1639h

22May2025... 2343h

2025 SESSION

25-1099

06/08

 

SENATE BILL 174

 

AN ACT prohibiting planning boards from considering the number of bedrooms a given unit or development has during the hearing and approval process.

 

SPONSORS: Sen. Murphy, Dist 16; Sen. Pearl, Dist 17; Sen. Innis, Dist 7; Rep. Alexander Jr., Hills. 29; Rep. Osborne, Rock. 2

 

COMMITTEE: Commerce

 

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ANALYSIS

 

This bill prohibits planning boards from differentiating based on the number of bedrooms in a residential development during the hearing and approval process.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22May2025... 1639h

22May2025... 2343h 25-1099

06/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT prohibiting planning boards from considering the number of bedrooms a given unit or development has during the hearing and approval process.

 

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

 

1  New Subdivision; Prohibiting Differentiation Based on the Number of Bedrooms.  Amend RSA 674 by inserting after section 76 the following new subdivision:

Prohibiting Differentiation Based on the Number of Bedrooms

674:77 Definitions. In this subdivision:

I. "Residential development" means any housing project that includes one or more dwelling units, regardless of whether they are intended for rent or purchase.

II.  "Bedroom" means a furnished room with a bed, primarily intended for sleeping purposes, unless otherwise specified by local regulations.

674:78  Prohibition on Differentiation Based on Number of Bedrooms.

I.  If a residential development proposal adequately provides for water supply and sewage disposal in accordance with RSA 485-A, and, if applicable, the planning board's site plan review regulations or subdivision regulations, planning boards shall not use the number of bedrooms as a basis to reject the application.

II.  Nothing in this section shall be construed to affect the department of environmental services’ regulations for individual sewage disposal systems.

III.  Nothing in this section shall prevent the authority having jurisdiction or a building inspector from considering the number of bedrooms when determining whether a residential development has sufficient water and sewage disposal capacity in accordance with RSA 485-A before issuing a building permit or occupancy permit, pursuant to RSA 676:13, I.

IV.  Applications may utilize workforce housing standards under RSA 674:59, IV, requiring at least 50 percent of the units to contain 2 or more bedrooms.

2  Effective Date.  This act shall take effect 60 days after its passage.

Amendments

Date Amendment
May 6, 2025 2025-1639h
May 21, 2025 2025-2343h

Links


Date Body Type
March 4, 2025 Senate Hearing
March 4, 2025 Senate Hearing
Senate Floor Vote
March 20, 2025 Senate Floor Vote
April 8, 2025 House Hearing
May 6, 2025 House Exec Session
May 6, 2025 House Floor Vote

Bill Text Revisions

SB174 Revision: 48292 Date: May 22, 2025, 2:01 p.m.
SB174 Revision: 48266 Date: May 21, 2025, 12:43 p.m.
SB174 Revision: 48005 Date: May 6, 2025, 2:46 p.m.
SB174 Revision: 46838 Date: Jan. 23, 2025, 4:06 p.m.

Docket


May 22, 2025: Lay SB174 on Table (Rep. Alexander Jr.): MA DV 239-120 05/22/2025 HJ 15


May 22, 2025: Ought to Pass with Amendment 2025-1639h 2025-2343h: MF RC 176-183 05/22/2025 HJ 15


May 22, 2025: Lay SB174 on Table (Rep. B. Boyd): MF RC 179-180 05/22/2025 HJ 15


May 22, 2025: FLAM # 2025-2343h (Rep. Howland): AA DV 234-124 05/22/2025 HJ 15


May 22, 2025: Amendment # 2025-1639h: AA VV 05/22/2025 HJ 15


May 19, 2025: Removed from Consent (Reps. Kuttab, Panek, Bordes, Rice, B. Boyd, Boehm, Porcelli, Perez, Andrus, Ball) 05/17/2025 HJ 14


May 6, 2025: Committee Report: Ought to Pass with Amendment # 2025-1639h 05/06/2025 (Vote 16-0; CC)


April 23, 2025: Executive Session: 05/06/2025 10:00 am LOB 305


April 1, 2025: Public Hearing: 04/08/2025 10:30 am LOB 305


March 28, 2025: Introduced (in recess of) 03/27/2025 and referred to Housing HJ 11 P. 112


March 20, 2025: Ought to Pass: MA, VV; OT3rdg; 03/20/2025; SJ 8


March 11, 2025: Committee Report: Ought to Pass, 03/20/2025, Vote 4-2; SC 13


March 11, 2025: Committee Report: Ought to Pass, Vote 4-2 SC 13


Feb. 26, 2025: Hearing: 03/04/2025, Room 100, SH, 10:15 am; SC 11


Feb. 18, 2025: Hearing: 03/04/2025, Room 100, SH, 10:15 am; SC 11


Jan. 23, 2025: Introduced 01/09/2025 and Referred to Commerce; SJ 3