HB 1713 - AS INTRODUCED
2026 SESSION
26-2950
06/09
HOUSE BILL 1713
AN ACT relative to zoning conformity and redevelopment standards.
SPONSORS: Rep. Cole, Hills. 26; Rep. Alexander Jr., Hills. 29; Rep. J. Aron, Sull. 4; Rep. M. Aron, Sull. 8; Rep. A. Davis, Coos 2; Rep. Post, Hills. 42; Rep. Thackston, Ches. 12; Rep. Miles, Hills. 12
COMMITTEE: Housing
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ANALYSIS
This bill revises RSA 204-D to define eligible housing and income thresholds, authorize the transfer of surplus state-owned property to the New Hampshire housing finance authority for housing development, establish procedures for property disposition and affordability restrictions, and require rulemaking to govern occupancy, resale, and mixed-income housing standards.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2950
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to zoning conformity and redevelopment standards.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definitions. Amend RSA 204-D:1 to read as follows:
204-D:1 Definitions. As used in this chapter:
I. "Authority" means the New Hampshire housing finance authority established under RSA 204-C.
II. "Committee" means the long range capital planning and utilization committee established under RSA 17-M.
III. “Eligible housing” means single-family housing, multi-family housing, manufactured housing parks or other housing configurations intended to be occupied by eligible persons and subject to affordability controls under this chapter and as established by authority rules.
IV. “Eligible person” means persons of low income and persons of moderate income as defined in this chapter and as established by authority rules.
V. “Mixed income housing” means housing intended to be occupied by a combination of eligible persons and non-eligible persons in proportions established by authority rules.
VI. "Persons of low income" means individuals or [families] households whose gross annual income is equal to 80 percent or less of the median income of the geographic area in which they reside as determined by the authority.
[IV.] VII. "Persons of moderate income" means individuals or [families] households whose gross annual income is equal to [120] 140 percent or less, but greater than 80 percent of the median income [of the geographic area in which they reside] as determined by the authority.
[V.] VIII. "State owned property" means real property owned by the state of New Hampshire and under the jurisdiction of any department, agency, or institution of state government.
IX. “Transferred property” means state-owned property transferred to the authority under this chapter.
2 Transfer of Property. RSA 204-D:2 is repealed and reenacted to read as follows:
204-D:2 Transfer of Property. Notwithstanding the provisions of RSA 4:39-c or RSA 4:40, the governor and council may transfer surplus state owned property to the authority for the development of eligible housing. Transfer of property for this purpose shall occur under the following procedure:
I. When a state agency, department, or institution of state government determines that state-owned property is surplus, it shall provide written notice to the executive director of the authority and to the committee.
II. The authority shall then determine if the property is suitable for use as eligible housing. If the authority concludes the property is suitable for eligible housing, the authority may notify the agency and the committee that the authority wishes to acquire the property under this chapter.
III. If the committee determines that the property is suitable for eligible housing, the authority may request that the governor and council transfer the property, without consideration, to the authority.
IV. In addition to the notice in paragraph I, the authority may petition for the transfer of state-owned property by asking the head of any department that has jurisdiction over property if the agency considers such property to be surplus property. The department head shall review the request and notify the authority and the committee in writing whether the department considers the property surplus. If deemed surplus, the process in paragraphs II and III of this section shall be followed.
3 Highway Fund. RSA 204-D:3 is repealed and reenacted to read as follows:
204-D:3 Highway Fund.
I. Surplus property held by the department of transportation which was acquired with highway fund moneys shall be transferred to the authority under the procedures set out in RSA 204-D:2.
II. The compensation for such property, subject to paragraph III below, may be for no consideration, if acceptable to the department of transportation; or shall be for an amount mutually acceptable to the department and the authority, provided the compensation shall not exceed the original expenditure for the property from the highway fund.
III. Surplus property held by the department of transportation which was acquired, in whole or in part, with federal or turnpike funds shall be transferred to the authority for the minimum compensation required by federal law or controlling turnpike revenue bond resolution.
IV. To further the purposes of this chapter, the department of transportation shall work with the authority, and when applicable the federal highway agency, to transfer the property in the least restrictive way to provide the authority with the greatest capacity to fulfill the intent of this chapter.
4 Housing Construction. RSA 204-D:4 is repealed and reenacted to read as follows:
204-D:4 Housing Construction.
I. Upon acquisition of the transferred property, the authority may sell, lease, or otherwise convey the transferred property for use as eligible housing, subject to the requirements in paragraphs II and III below.
II. The authority shall ensure for the continued affordability of housing units constructed on transferred properties by obtaining contracts and recorded restrictions based on authority rules that will establish the type and length of such restrictions.
III. Once a transferred property is developed, the authority shall provide the agency that controlled the property and the committee a report of the use of such transferred property, including the occupancy requirements and the details of the restrictions.
5 Disposition of Property. RSA 204-D:5 is repealed and reenacted to read as follows:
204-D:5 Disposition of Property. When the authority determines that a transferred property cannot feasibly be used for eligible housing, the authority shall so notify the committee and the agency that transferred the property to authority. The authority may then sell or otherwise transfer the transferred property, provided that any proceeds received by the authority above the original transfer price shall be returned to the department that transferred the property to the authority.
6 Rulemaking. RSA 204-D:6 is repealed and reenacted to read as follows:
204-D:6 Rulemaking. The authority shall adopt rules under RSA 204-C:53 relative to:
I. The income amounts for eligible persons.
II. The types of uses for transferred property.
III. The requirements related to the occupancy, resale, and affordability of eligible housing including the type of restrictions and the time period for those restrictions.
IV. The required percentage of units in a mixed-income housing development that must be occupied by eligible persons.
V. Such other matters necessary for the proper administration of this chapter.
| Date | Body | Type |
|---|---|---|
| Feb. 3, 2026 | House | Hearing |
Jan. 28, 2026: Public Hearing: 02/03/2026 01:30 pm GP 231
Dec. 12, 2025: Introduced 01/07/2026 and referred to Housing HJ 1