SB 400, the housing bill championed by the governor and supported by housing advocates—including bipartisan coalitions in the legislature—saw a poison pill amendment recommended by the House Municipal & County Government Committee on Wednesday in a 10-8 vote. NHMA, which is neutral on the underlying bill, strongly opposes the committee amendment (2022-1848h). However, NHMA would support an amendment that removes the language of the underlying bill relative to inclusionary zoning and the housing champion certification program, if the amendment also removed the language from HB 1268 and HB 1272, as described below. 

The amendment adopted by the committee included language from several House bills that NHMA opposed and were recommended as Inexpedient to Legislate or Interim Study by the relevant Senate committee. The committee amendment’s new language includes the language of: 

HB 1268, deleting the ability of city councils to make bylaws “for the well-being of the city” in RSA 47:17 and replacing it with the problematic phrase “for the abatement of nuisances that interfere with the use or enjoyment of property.” In addition to replacing a regulatory power meant to allow city councils to deal with unanticipated local issues, the language would contravene language earlier in the statute relative to nuisances. 

HB 1272, which strips away much of the power of local health officers by replacing the phrase in RSA 147:1 “and such other regulations relating to the public health as in their judgment the health and safety of the people require” with a definitive list of powers, “such as garbage, insects, unsanitary conditions, septic, rodents, and safe drinking water inspections.” This new “approach” to narrowing health officer authority would have definite unintended consequences by limiting municipalities’ ability to protect local health and safety when unfamiliar circumstances arise, in addition to imposing a one size fits all approach on New Hampshire’s cities and towns rather than allow each to make timely and appropriate decisions for the benefit of their residents. 

HB 1393, establishing the requirements for and procedure for the adoption of a school district budget cap. While this isn’t a bill that NHMA would have a position on as it is a school matter, we thought it was important to note its inclusion. 

The amendment also includes language that we do not believe comes from any existing piece of legislation. That language modifying RSA 674:59, IV to allow municipalities to restrict workforce housing to locations “already served by both water and sewer systems owned or operated by a political subdivision, public utility, or other public water or sewer utility.” This would be a substantial change to the existing statute’s careful compromise requiring all municipalities to “provide reasonable and realistic opportunities for the development of workforce housing.” 

The inclusion of the municipally related language creates serious problems for municipalities and should not be enacted into law. NHMA took a neutral stance on SB 400 because, while many of its provisions would actually create incentives and new tools for municipalities to address affordable housing, some of our members had concerns about the provisions related to inclusionary zoning and the administration of the housing champion certification program. Those could negatively impact local control of zoning issues, and unfairly pit one municipality against another. But the committee amendment to SB 400 is far worse. In fact, the committee amendment has almost nothing to do with housing! It’s a last-ditch effort to review bills that – rightly – died in the Senate. HB 1268, for instance, saw the Senate vote 21-3 to refer to interim study. HB 1272 was placed on the consent calendar and voted Inexpedient to Legislate on a voice vote. 

The one section of the committee amendment that actually does address housing shifts the responsibility of creating affordable housing onto those communities that have public water and sewer. The intent is clearly to pit municipalities against one another, singling out certain municipalities, and disincentivizing others from building public works projects that benefit communities – whether by alleviating burdens on aquafers, allowing for increased density in particular neighborhoods, or providing a safe and sustainable water source to communities affected by contaminants. Punching holes in the existing affordable housing statute to single out specific municipalities is not something the legislature should entertain. 

NHMA supports a further amendment that will both remove the language of the committee amendment and the language of the underlying bill about inclusionary zoning and the housing champion certification program. Please contact your representatives and ask them to support an amendment to SB 400 that removes these sections of the amended bill.

Yesterday, the Senate voted to table HB 1417, a bill that would restore a small portion (7.5 percent) of the state contribution toward the employer’s cost of the New Hampshire Retirement System (NHRS) contribution for teachers, police, and firefighters. On the floor, the bill received bipartisan support, with the Senate members first supporting the Ought to Pass motion and recognizing that the state made a commitment to local governments that has been broken. Unfortunately, the subsequent tabling motion was not unexpected, due to the momentum of HB 1221, which the Senate Finance Committee recommended as Ought to Pass as Amended in a vote of 6-0 on Tuesday. HB 1221 would provide a one-time payment equaling 7.5 percent of the retirement costs for teachers, police, and firefighters using state surplus. Because this is not a budget year, the Senate justified tabling HB 1417 as no funding for future contributions had been appropriated. The Senate compromise is a commitment to support HB 1221, a one-time payment with the same estimated fiscal impact as HB 1417. In fiscal year 2023, municipalities will see temporary tax relief if the Senate passes HB 1221 on May 5. 

Both the House and the Senate recognize the need to provide fiscal stability to municipalities and reduce the local tax burden. NHMA supports the reinstatement of a consistent state contribution (up to 35 percent) that municipalities can use to build their annual budgets. We will continue to advocate for a permanent state contribution to be included next year in the state budget.

On Thursday, May 5, the Senate will vote on HB 536, a bill which expands the eligibility of a $100,000 line-of-duty state funded death benefit for a municipal public works or highway employee killed in the line of duty. In an unexpected turn of events, HB 536 was recommended by the Senate Finance Committee for Interim Study, but the bill was pulled off the Senate consent calendar and special ordered to next week. This bill has received near unanimous bipartisan support from both the House and Senate. 

We have heard from some of our members who have expressed disappointment about the Interim Study recommendation, in part because this benefit is currently offered to municipal police and fire employees. We encourage local officials who support this legislation to contact their Senator before Thursday’s Senate session.

Thursday, April 28, 2022

HB 614-FN, exempting the state and political subdivisions from payment of the costs of compliance with the renewable portfolio standard. Interim Study. 

HB 1000, prohibiting motorcycle profiling. Passed. 

HB 1021, prohibiting regulation of religious land use based on the religious nature of the assembly or speech taking place on the land or in the structure. Passed with Amendment. 

HB 1070, relative to the default budget in official ballot jurisdictions. Inexpedient to Legislate. 

HB 1153, relative to absentee ballot requests. Interim Study. 

HB 1163, relative to over voted ballots. Passed. 

HB 1188, establishing a commission to study OHRV use in the state. Passed with Amendment. 

HB 1203-FN, relative to domicile residency, voter registration, and investigation of voter verification letters. Passed with Amendment. 

HB 1268, limiting the authority for city council bylaws and ordinances. Interim Study. 

HB 1272, limiting the authority of town health officers. Inexpedient to Legislate. 

HB 1328-FN, authorizing a utility to petition to be relieved of their carrier of last resort obligations. Interim Study. 

HB 1375, relative to the definition of veteran. Tabled. 

HB 1406, authorizing municipalities to collect compost. Inexpedient to Legislate. 

HB 1417-FN-L, relative to payment by the state of a portion of retirement system contributions of political subdivision employers. Tabled After Passage. NHMA Policy. 

HB 1496-FN, requiring political subdivisions to make voter checklists available in spreadsheet form to any resident. Passed with Amendment. 

HB 1535-FN, relative to a one-time allowance for certain state retirees. Passed with Amendment. 

HB 1540-FN, relative to recording custodial interrogations. Interim Study. 

HB 1547-FN, setting maximum contaminant levels for perfluorochemicals in the soil. Passed. 

HB 1552-FN, establishing a board for the certification of assessors. Passed with Amendment. 

HB 1567-FN, relative to consequences resulting from election official misconduct. Passed with Amendment. 

HB 1587-FN-A, relative to determination of average final compensation under the retirement system and making an appropriation therefor. Passed. 

HB 1598-FN, legalizing the possession and use of cannabis. Inexpedient to Legislate. 

HB 1614-FN, requiring the recording and storing of digital video in all state-funded juvenile detention facilities. Passed. 

HB 1667, relative to the standard and optional veterans’ tax credits and the all veterans’ tax credit. Passed.