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RSA 12-O Department of Business and Economic Affairs

New Hampshire · 12-O · statute

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Contents: 72 provisions
  1. 12-O:1 Definitions.
  2. 12-O:2 Establishment; Purpose.
  3. 12-O:3 General Provisions.
  4. 12-O:4 Powers and Duties of Department.
  5. 12-O:5 Commissioner of Business and Economic Affairs.
  6. 12-O:5-a Director of Intergovernmental Affairs.
  7. 12-O:6 Reports and Publications.
  8. 12-O:7 Council of Partner Agencies Established.
  9. 12-O:8 Council of Partner Agencies; Duties.
  10. 12-O:9 Directors of Divisions.
  11. 12-O:10 Salaries.
  12. 12-O:11 Division of Travel and Tourism Development; Transfer of Functions, Powers, and Duties.
  13. 12-O:11-a Repealed by 2021, 91:67, eff. July 1, 2021.
  14. 12-O:11-b Division of Travel and Tourism Budget; Meals and Rooms Tax Revenue.
  15. 12-O:12 Division of Economic Development; Transfer of Functions, Powers, and Duties.
  16. 12-O:13 Travel and Tourism Revolving Fund; Transfer; Functions.
  17. 12-O:14 New Hampshire Tourism Policy.
  18. 12-O:15 Director of Travel and Tourism Development; Duties.
  19. 12-O:16 Travel and Tourism Development Fund.
  20. 12-O:17 Joint Promotional Program.
  21. 12-O:18 Rest Areas and Welcome Centers.
  22. 12-O:19 Repealed by 2023, 79:242, IV, eff. July 1, 2023.
  23. 12-O:20 Director of Economic Development; Duties.
  24. 12-O:21 New Hampshire Economic Development Fund.
  25. 12-O:22 New Hampshire Canadian Trade Council.
  26. 12-O:22-a New Hampshire-Ireland Trade Council.
  27. 12-O:23 Northern County Area Industrial Agent.
  28. 12-O:23-a Office of Outdoor Recreation Industry Development Established.
  29. 12-O:24 Economic Development Strategy and Plan.
  30. 12-O:25 Definitions.
  31. 12-O:26 Goals and Objectives.
  32. 12-O:27 Content of the Economic Development Strategy and Plan.
  33. 12-O:28 Annual Report.
  34. 12-O:29 Repealed by 2022, 25:6, eff. June 30, 2022.
  35. 12-O:30 to 12-O:37 Repealed by 2019, 346:190, I, eff. Sept. 26, 2019.
  36. 12-O:38 International Trade Promotion.
  37. 12-O:39 International Trade Promotion Fund.
  38. 12-O:40 Review of Reports Required.
  39. 12-O:41 Limitation.
  40. 12-O:42 Workforce Development.
  41. 12-O:43 Workforce Development Director.
  42. 12-O:44 State Workforce Innovation Board.
  43. 12-O:45 State Workforce Innovation Fund.
  44. 12-O:46 to 12-O:50 Repealed by 2023, 79:242, I, eff. July 1, 2023.
  45. 12-O:51 Repealed by 2021, 91:189, III, eff. July 1, 2021.
  46. 12-O:51-a Offshore Wind Industry Workforce Training Center Committee.
  47. 12-O:52 Repealed by 2021, 91:189, III, eff. July 1, 2021.
  48. 12-O:53 Office of Planning and Development.
  49. 12-O:54 State Development Plan.
  50. 12-O:55 Data and Information Services.
  51. 12-O:55-a Commission on Demographic Trends.
  52. 12-O:56 Policies and Plans.
  53. 12-O:57 Program Established.
  54. 12-O:58 Responsibilities for Assistance.
  55. 12-O:59 Coordination at State Level.
  56. 12-O:60 Revolving Funds.
  57. 12-O:61 Broadband Matching Grant Initiative Established.
  58. 12-O:62 Program Guidelines; Rulemaking.
  59. 12-O:63 Broadband Matching Grant Fund.
  60. 12-O:64 Repealed by 2023, 79:242, II, eff. July 1, 2023.
  61. 12-O:65 Wireless Deployment Grant Initiative Established.
  62. 12-O:66 Program Guidelines; Rulemaking.
  63. 12-O:67 Wireless Deployment Grant Fund.
  64. 12-O:68 Federal Law Supersedes.
  65. 12-O:69 Fund Established.
  66. 12-O:70 InvestNH Program.
  67. 12-O:71 New Hampshire Housing Champion Designation.
  68. 12-O:72 Housing Planning and Regulation Municipal Grant Program.
  69. 12-O:73 Champion Benefits.
  70. 12-O:74 New Hampshire Housing Champion Designation and Grant Program Fund.
  71. 12-O:75 Administrative Rules.
  72. 12-O:76 Program Advisory Committee.

Proposed changes to this act

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72 provisions

12-O:43 Workforce Development Director.

There is established within the office of workforce opportunity the position of director, which shall be an administrator IV position, classified at labor grade 33. The director shall lead the office of workforce opportunity. The director shall perform all duties which the commissioner may assign. Source. 2017, 156:40, eff. July 1, 2017. 2023, 79:245, eff. July 1, 2023.

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12-O:44 State Workforce Innovation Board.

I. There is established a State Workforce Innovation Board within the Office of Workforce Opportunity. II. Membership of the board shall be as set forth in the Workforce Innovation and Opportunity Act of 2014 as such may be amended, reauthorized, and in effect from time to time. Members of the board shall be appointed by the governor and shall serve at the pleasure of the governor. The governor shall select a chairperson for the board from among the members of the board. III. The board shall meet no less frequently than semi-annually, shall have the powers and responsibilities of the state workforce investment board under the Workforce Innovation and Opportunity Act of 2014. Source. 2017, 156:40, eff. July 1, 2017. 2020, 37:33, eff. July 29, 2020. 2023, 79:246, eff. July 1, 2023.

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12-O:45 State Workforce Innovation Fund.

I. There is hereby established the state workforce innovation fund which shall be nonlapsing and administered by the commissioner of the department of business and economic affairs. Said fund shall be for the purpose of receiving financial assistance under the Workforce Investment Act of 1998 and providing funds for grants and other workforce development initiatives. II. The fund shall be distributed or expended by the commissioner after consultation with the State Workforce Innovation Board established in RSA 12-O:44 and the approval of the governor and council for any of the following purposes: (a) Workforce Investment Act Adult and Dislocated Worker programs. (b) Workforce Investment Act Youth programs. (c) Workforce Investment Act Senior Community Service Employment programs. (d) Workforce Investment Act Disability programs. (e) Workforce Investment Act Regional Innovation and National Emergency grant programs. (f) Other projects, programs, or grants recognized as being beneficial to workforce development initiatives and consistent with the goals of the Workforce Investment Act. III. (a) The department may accept gifts, grants, donations, or other moneys for the purposes of this section. Said moneys shall be deposited into the state workforce innovation fund. (b) The commissioner may enter into contracts and agreements and may take other actions that may be necessary or desirable to effect the transfer to it of operations currently conducted by the Workforce Opportunity Council, Inc. or the New Hampshire Workforce Opportunity Council under the Workforce Investment Act, and to effect the transfer of assets utilized by them in doing so; and, the commissioner may assume, bear, and agree to perform those contracts of the Workforce Opportunity Council, Inc. or the New Hampshire Workforce Opportunity Council that may be necessary or desirable for carrying out the purposes of this section. IV. The commissioner of the department of business and economic affairs shall have the authority to enter into such agreements for leasing real property, acquiring goods, and engaging services to perform Rapid Response activities in accordance with this subdivision. The commissioner shall provide the governor and council an information item not less frequently than semi-annually describing all such agreements and amounts expended pursuant thereto. Such agreements shall be made pursuant to forms of agreement that shall be approved by governor and council which forms of agreement have been reviewed by the attorney general and the commissioner of the department of administrative services. V. In accordance with RSA 282-A:181 through RSA 282-A:184, the commissioner of the department of employment security shall have the authority to make grants to New Hampshire employers for the purpose of training employees in accordance with this chapter, such grants not to exceed the amounts specified in RSA 282-A:87, IV(a)(2), and not to exceed to any single employer in any grant year the sum of $70,000, unless first approved by governor and council. The commissioner shall provide the governor and council an information item not less frequently than semi-annually describing all such grants expended pursuant thereto. Such grants shall be made pursuant to a form of agreement that shall be approved by governor and council after review by the attorney general and the commissioner of the department of administrative services. Source. 2017, 156:40, eff. July 1, 2017. 2019, 346:189, eff. Sept. 26, 2019. 2020, 37:34, eff. July 29, 2020.

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12-O:46 to 12-O:50 Repealed by 2023, 79:242, I, eff. July 1, 2023.

to 12-O:50 Repealed by 2023, 79:242, I, eff. July 1, 2023.

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12-O:51 Repealed by 2021, 91:189, III, eff. July 1, 2021.

Repealed by 2021, 91:189, III, eff. July 1, 2021.

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12-O:51-a Offshore Wind Industry Workforce Training Center Committee.

I. The offshore wind industry workforce training center committee is established in the department of business and economic affairs. The committee shall consist of: (a) The commissioner of the department of business and economic affairs, or designee. (b) The commissioner of the department of education, or designee. (c) The commissioner of the labor department, or designee. (d) The executive director of fish and game department, or designee for marine programs. (e) A representative of the university of New Hampshire, Sea Grant, appointed by the university. (f) Two representatives of public utilities, selected by the utilities. (g) Three representatives of organized labor, selected by the commissioner of labor upon recommendation by organized labor. (h) The president of Great Bay community college, or designee. (i) The department of education CTE director. (j) The director of the New Hampshire port authority. (k) The director of the office of offshore wind industry development and energy innovation under RSA 12-P:7-b. (l) A representative of the Portsmouth Collaborative Chamber of Commerce. (m) The President of Granite Shore Power, or designee. II. The committee shall examine workforce needs of the Gulf of Maine offshore wind industry, and shall make recommendations on workforce training, including coordination of programs with union and other apprentice and workforce training programs. The committee shall study the need to build and staff an offshore wind industry workforce training center convenient to the Port of Portsmouth, including high need fields such as electricians and welders. The study shall include a plan for inclusion of the seacoast region career and technical education centers, Great Bay community college, and union apprenticeship and training programs. The study shall include a consideration of lease or capital expenditures for facilities, equipment, instructional costs, and transportation costs for students from seacoast region career and technical education centers. The committee shall study criteria for agreements of partners and for the use of any funding available from the career and technical education workforce development and innovation fund established in RSA 188-E:30, state appropriations, federal funding and grants, the offshore wind industry, unions, or other sources. III. The committee shall report annually by November 1 to the governor, the chair of the New Hampshire offshore wind and port development commission under RSA 374-F:10, and the president of the Business and Industry Association. Source. 2023, 99:3, eff. July 1, 2023. 2024, 341:7, eff. Aug. 2, 2024.

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12-O:52 Repealed by 2021, 91:189, III, eff. July 1, 2021.

Repealed by 2021, 91:189, III, eff. July 1, 2021.

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12-O:53 Office of Planning and Development.

I. There is established the office of planning and development within the department of business and economic affairs. The office of shall be under the supervision of a classified director of the office of planning and development, who shall serve under the supervision of the commissioner. II. The office of planning and development shall: (a) Plan for the orderly development of the state and the wise management of the state's resources. (b) Compile, analyze, and disseminate data, information, and research services as necessary to advance the welfare of the state. (c) Encourage and assist planning, growth management, and development activities of cities and towns and groups of cities and towns with the purpose of encouraging smart growth. (d) Encourage the coordination and correlation of state planning by agencies of state government. (e) Participate in interstate, regional, and national planning efforts. (f) Administer federal and state grant-in-aid programs assigned to the office by statute or executive order. (g) Participate and advise in matters of land use planning regarding water resources and floodplain management. (h) Take a leadership role in encouraging smart growth and preserving farmland, open space land, and traditional village centers. (i) Administer the following programs: the statewide comprehensive outdoor recreation plan, the national flood insurance program, and the land conservation investment program. The office shall employ necessary personnel to administer these programs. (j) Perform such other duties as the commissioner may assign. Source. 2021, 91:195, eff. July 1, 2021.

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12-O:54 State Development Plan.

I. The office of planning and development, under the direction of the commissioner, shall: (a) Assist the commissioner in preparing, publishing, and revising the comprehensive development plan required under RSA 9-A. (b) Coordinate and monitor the planning efforts of various state agencies and departments to ensure that program plans published by such agencies are consistent with the policies and priorities established in the comprehensive development plan. (c) Coordinate and monitor the planning efforts of the regional planning commissions to ensure that the plans published by the commissions are consistent, to the extent practical, with the policies and priorities established in the state development plan. II. In preparing the state development plan, the office of planning and development shall consult with the chief executive officers of the various departments and agencies of state government. The office shall also consult with officials of regional planning commissions and regional and local planning and development agencies, local officials, representatives of the business and environmental community, and the general public. III. All state agencies and departments shall provide the office of planning and development with information and assistance as required by the office to fulfill its responsibilities under paragraph I. The office shall maintain the confidentiality of any information which is protected by law. Source. 2021, 91:195, eff. July 1, 2021.

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12-O:55 Data and Information Services.

The office of planning and development shall: I. Gather, tabulate, and periodically publish information on the location and pace of development throughout the state, including, but not limited to, population, housing, and building permit data. II. Initiate data coordination procedures as the state agency responsible for coordinating data collection and dissemination among the state, the private sector, and the various political subdivisions. III. Gather information for storage in a data bank concerning the data which is currently available within all state agencies. This data shall be used to provide information which is useful in measuring growth and its impact and for statewide planning purposes in general. The data available for dissemination shall include, but shall not be limited to, information for determining future demands for state services and demographic and economic statistics. Any other state agency or department which initiates a data collection program shall inform the office of planning and development of its efforts so that the office may utilize that information for planning purposes in its dissemination program. IV. Cooperate with the department of environmental services in identifying potential sites for hazardous waste facilities. V. Develop and maintain a computerized geographic information system in support of state, regional, or local planning and management activities. VI. Cooperate with the Bureau of the Census and other federal agencies with the objective of improving access to the statistical products, data, and information of the federal government. VII. Annually estimate the resident population for all cities and towns of the state pursuant to RSA 78-A:25. Source. 2021, 91:195, eff. July 1, 2021.

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12-O:55-a Commission on Demographic Trends.

I. There is established a commission on demographic trends. The commission shall develop long-term net migration goals, review and recommend programs and legislation designed to meet the net migration goals, and monitor the success of any such programs. II. The members of the commission shall be as follows: (a) One member of the senate, appointed by the president of the senate. (b) Four members of the house of representatives, appointed by the speaker of the house of representatives. (c) The commissioner of the department of business and economic affairs, or designee. (d) Six New Hampshire citizens who have expertise to support the mission of the commission, appointed by the governor. III. The commission shall elect a chairperson from its membership, and any other officers it deems necessary. The terms of the elected members of the commission shall be coterminous with their terms in offices; the terms of all other appointed members shall be 3 years. In the event of a vacancy, a new member shall be appointed for the unexpired term in the same manner as the original appointment. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Seven members of the commission shall constitute a quorum. IV. The commission shall report at least annually to the governor, speaker of the house of representatives, president of the senate, clerk of the house of representatives, clerk of the senate, and state library. The annual report shall be posted on the general court website. V. The commission shall create a biennial scorecard on New Hampshire's demographic condition and trends, which shall be distributed to the governor, speaker of the house of representatives, president of the senate, clerk of the house of representatives, clerk of the senate, county commissioners, and state library. The scorecard also shall be posted on the general court website. Source. 2022, 293:3, eff. Aug. 30, 2022.

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12-O:56 Policies and Plans.

I. The office of planning and development shall formulate policies and plans for consideration by the commissioner and the governor which serve to integrate and coordinate resource and development activities affecting more than one state agency, level of government, or governmental function. Such activities may include, but shall not be limited to, the following subject areas: (a) Water resources. (b) Transportation. (c) Recreation and natural resources. (d) Solid waste and hazardous waste management. (e) Off-shore, coastal, and estuarine resources. (f) Housing. (g) Economic development. (h) Energy. (i) Shoreland protection. (j) Smart growth. Source. 2021, 91:195, eff. July 1, 2021.

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12-O:57 Program Established.

The director of the office of planning and development shall establish a program of regional and municipal assistance within the office of planning and development. This program shall coordinate state, regional, and local planning efforts with the goal of assuring delivery of efficient and effective assistance to local governments in areas related to growth management and resource protection. Source. 2021, 91:195, eff. July 1, 2021.

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12-O:58 Responsibilities for Assistance.

The office of planning and development shall: I. Provide technical assistance and, within the limits of biennial legislative appropriations, financial grants to regional planning commissions established under RSA 36:45-36:53 in support of: (a) Planning assistance to local units of government. (b) Preparation of regional plans. (c) Contributions to and coordination with statewide planning and management activities, including the formulation and updating of the comprehensive state development plan prepared pursuant to RSA 12-O:54. II. As requested and in cooperation with regional planning commissions, provide technical assistance and information in support of the planning and growth management efforts of local units of government, including training requested under RSA 673:3-a. The office shall encourage municipalities to first seek assistance from established regional planning commissions. III. Provide computer interface capability among and between each regional planning commission, office of planning and development, and state data collection and storage sources. The computer interface capability shall be used by regional planning commissions to respond to municipal requests for assistance in the preparation and amending of master plans and in the evaluation of municipal infrastructure needs. The computer interface capability shall also be used by regional planning commissions to develop and update regional master plans, as provided in RSA 36:47. The computer equipment used for the purposes of this paragraph shall be compatible and able to interface with the office of planning and development's geographic information system, as well as with other similar state computerized data collection and storage sources. IV. Provide technical assistance and information to municipalities with the cooperation of other state and regional planning agencies in the following areas: (a) Use and application of geographic data available in the state's geographic information system (GIS) for local planning and growth management purposes. (b) Recommending standard procedures for the establishment of accurate, large-scale base mapping to support municipal administrative functions such as tax assessment, public facility management and engineering. Source. 2021, 91:195, eff. July 1, 2021.

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12-O:59 Coordination at State Level.

The office of planning and development shall coordinate efforts by state agencies to provide technical assistance to municipal governments in areas related to growth management and resource protection. Source. 2021, 91:195, eff. July 1, 2021.

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12-O:60 Revolving Funds.

In order to enhance its ability to provide education and training assistance to municipalities and regional agencies, the following nonlapsing revolving funds, which shall not exceed $20,000 on June 30 of each year, shall be established in the office of planning and development: I. A revolving fund known as the publications revolving fund. (a) The moneys in this fund shall be used for the purposes of printing materials for distribution. A reasonable charge shall be established for each copy of a document. This charge shall be only in the amount necessary to pay the cost of producing such document. (b) The amount in the nonlapsing publications revolving fund shall not exceed $20,000, on June 30 of each year and any amounts in excess of $20,000 on June 30 of each year shall be deposited in the general fund as unrestricted revenue. II. A revolving fund known as the municipal and regional training fund. (a) The moneys in this fund shall be used for the purpose of providing training to local and regional officials. A reasonable charge shall be established for such training. This charge shall be fixed to reflect the cost of payments to experts to provide the training, the cost of written training material, rental of facilities, advertising and other associated costs. Such training shall be conducted in a geographically dispersed manner and scheduled with the convenience of part-time officials in mind. (b) The amount in the nonlapsing municipal and regional training revolving fund shall not exceed $20,000 on June 30 of each year and any amounts in excess of $20,000 on June 30 of each year shall be deposited in the general fund as unrestricted revenue. Source. 2021, 91:195, eff. July 1, 2021.

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12-O:61 Broadband Matching Grant Initiative Established.

I. There is hereby established within the department of business and economic affairs a broadband matching grant initiative, the purpose of which shall be to provide matching grants to broadband providers, political subdivisions, and communications districts in order to improve broadband availability across the state. When awarding grants, the department shall take into consideration broad geographic coverage of broadband services in New Hampshire and participation of political subdivisions and broadband providers in the grant process that will support business and residential users. II. Eligible projects shall provide high speed Internet access in unserved areas of the state that lack access to broadband services, as defined in RSA 38:38, I(f), from at least one broadband provider. III. Any broadband provider, political subdivision, or communications district formed under RSA 53-G shall be eligible for a grant of up to 75 percent of the total eligible costs of a project. Projects under construction at the time of application shall be ineligible, unless the provisions of RSA 12-O:62, VIII apply. Projects in the planning stages shall be eligible. Source. 2021, 91:457, eff. July 1, 2021. 2022, 280:2, eff. June 24, 2022.

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12-O:62 Program Guidelines; Rulemaking.

I. The department of business and economic affairs shall adopt rules under RSA 541-A, relative to grant application and distribution procedures. II. The rules shall, at a minimum, include the following: (a) Establishment of a technology-neutral competitive grant process based on objective criteria. (b) Establishment of a challenge process, with reasonable timelines, through which information may be provided to the state to ensure that funds are not used to build projects in served areas or areas where construction has commenced. For the purposes of this subdivision, construction has commenced when a provider initiates the make-ready process or begins construction of broadband infrastructure in the project area. A provider who successfully challenges an application's eligibility for funding because construction has commenced shall complete construction as soon as practical and without undue delay. (c) A method to ensure an applicant's trade secrets, financial information, and proprietary information submitted as part of an application are exempt from disclosure under RSA 91-A. (d) Establishment of a process that promotes faster service, up to and including gigabit service. III. The department of business and economic affairs shall ensure that any grants awarded to broadband providers are provided with an appropriate level of consultation with the local governing bodies and a determination that the grants advance the goal of deploying broadband to unserved areas within communities. IV. Eligible costs for the program shall include, but are not limited to: (a) Costs associated with access to utility poles and other necessary structures. (b) Construction of broadband network infrastructure in eligible areas. (c) Construction of service connections to individual homes or businesses. (d) Upgrades to existing infrastructure that currently provides service that does not meet the minimum definition of broadband in RSA 38:38, I(c). (e) All other costs directly attributable to the construction project. In cases where a cost is shared with another ongoing project, shared costs shall be prorated. (f) Planning costs related to network design and program eligibility. V. Eligible costs shall not include any operating expenses or other recurring costs. VI. The broadband provider, political subdivision, or communications district shall provide a minimum of 25 percent of the total cost of the project. Sources of the match may include revenue bonds issued by the political subdivision, bonds issued by the communication district, or private investment by broadband providers either jointly or independently. Sources of the match provided by broadband providers shall not include other federal or state funding awarded specifically to support the expansion of broadband networks. VII. The department of business and economic affairs shall not, as a condition of an award of grant money, impose any requirement, rate regulation, or other term or condition of service that differs from the applicant's terms or conditions of service in its other service areas. VIII. If the provisions of RSA 12-O:61, RSA 12-O:62, or RSA 12-O:63 conflict with the provisions of the federal funding guidance, specifically for the purposes of the broadband matching grant initiative or the broadband matching grant fund, the federal funding guidance shall control. IX. (a) The commissioner of the department of business and economic affairs shall submit a quarterly report, beginning July 1, 2022, to the fiscal committee of the general court, which includes: (1) The number of grant applications received by the department. (2) A list of the grants approved by the department, including the broadband provider, the political subdivisions covered, and the dollar amount of each grant. (3) A list of grants denied by the department. (4) The details of any successful or unsuccessful appeal of a department decision to deny an application. (5) The details of any federal coronavirus capital project funds, authorized by the American Rescue Plan Act of 2021, appropriated for reasons not included in the broadband matching grant initiative. (6) The details of any remaining available federal coronavirus capital project funds, authorized by the American Rescue Plan Act of 2021. Source. 2021, 91:457, eff. July 1, 2021. 2022, 280:1, 3 and 4, eff. June 24, 2022.

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12-O:63 Broadband Matching Grant Fund.

I. There is hereby established the broadband matching grant fund. The fund shall be kept separate and distinct from all other funds and shall be continually appropriated to the commissioner of the department of business and economic affairs for the purposes of this subdivision. In addition to state appropriations, the department may accept gifts, grants, and donations for deposit into the fund. II. Any federal funds received by the state for the purposes of expanding or improving Internet access that are not otherwise committed to other programs or required by the federal legislation authorizing the funds shall be deposited into the broadband matching grant fund. Source. 2021, 91:457, eff. July 1, 2021.

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12-O:64 Repealed by 2023, 79:242, II, eff. July 1, 2023.

Repealed by 2023, 79:242, II, eff. July 1, 2023.

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12-O:65 Wireless Deployment Grant Initiative Established.

I. There is hereby established within the department of business and economic affairs a wireless deployment grant initiative, the purpose of which shall be to award grants to wireless providers in order to improve wireless connectivity within municipalities and across the state. II. Eligible projects shall provide wireless infrastructure in areas unserved by or lacking consistent mobile wireless coverage. III. Eligible projects shall be evaluated as part of a competitive process. IV. Selected projects shall meet the needs of consumers with the lowest possible cost and highest possible functionality. V. Projects under construction at the time of application shall be ineligible. VI. Projects that have been awarded funding, but not yet built shall be ineligible. This includes projects for which a provider is already obligated to deploy wireless service pursuant to regulatory or other legally enforceable commitment. VII. Funding shall be awarded for no more than one project in any proposed coverage area. Source. 2022, 231:2, eff. Aug. 16, 2022.

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12-O:66 Program Guidelines; Rulemaking.

I. The department of business and economic affairs shall adopt rules under RSA 541-A, relative to grant application and distribution procedures for wireless initiatives pursuant to 12-O:65. II. The rules shall, at a minimum, include the following: (a) Establishment of a competitive grant process based on objective criteria, prioritizing areas unserved by or lacking consistent mobile wireless coverage. (b) Establishment of a challenge process, with reasonable timelines, through which information may be provided to the state to ensure that funds are used to build projects in areas unserved by or lacking consistent mobile wireless coverage. (c) A method to ensure an applicant's trade secrets, financial information, and proprietary information submitted as part of an application are exempt from disclosure under RSA 91-A. (d) Establishment of a process that promotes wireless connectivity statewide. (e) Establishment of a program or mechanisms to encourage adoption of wireless services. III. Eligible costs for the program shall include, but are not limited to: (a) Costs of construction and government permitting, installation, and operation of wireless network infrastructure, including but not limited to buildings, towers, digital devices, equipment, and fiber-optic lines. (b) Upgrades to existing wireless network infrastructure. (c) All other costs directly attributable to the construction project. In cases where a cost is shared with another ongoing project, shared costs shall be prorated. (d) Planning costs related to network design and program eligibility. (e) Awards pursuant to this subdivision shall be contingent on the issuance of necessary government permits. IV. The department of business and economic affairs shall not, as a condition of an award of grant money, impose any requirement, rate regulation, or other term or condition of service that differs from the applicant's terms or conditions of service in its other service areas. Source. 2022, 231:2, eff. Aug. 16, 2022.

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12-O:67 Wireless Deployment Grant Fund.

I. There is hereby established in the state treasury the wireless deployment grant fund. The fund shall be kept separate and distinct from all other funds and shall be nonlapsing and continually appropriated to the commissioner of the department of business and economic affairs for the purposes of this subdivision. In addition to state appropriations, the department may accept gifts, grants, and donations for deposit into the fund. II. Federal funds received by the state for the purposes of expanding or improving Internet access or wireless connectivity may be credited to the wireless deployment grant fund. Source. 2022, 231:2, eff. Aug. 16, 2022.

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12-O:68 Federal Law Supersedes.

If any provision of this subdivision conflicts with any provision of funding guidance under federal law, the federal funding guidance shall supersede. Source. 2022, 231:2, eff. Aug. 16, 2022.

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12-O:69 Fund Established.

There is hereby established in the office of the state treasurer a fund to be known as the InvestNH fund. The fund shall be composed of appropriations, gifts, grants, donations, bequests, or other moneys from any public or private source. The fund may be expended by the commissioner to accomplish the purposes of RSA 12-O:70. The moneys in this fund shall be non-lapsing. Source. 2023, 79:39, eff. July 1, 2023.

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12-O:70 InvestNH Program.

The department shall establish a program to make grants and loans for the purpose of improving the ability to accelerate the approval of affordable workforce housing as defined in RSA 674:58, IV, and other types of housing determined by the department to be important for the economic development of the state. Grants and loans may be made by the department to municipalities and to housing developers in which at least 20 percent of the housing units to be developed will be affordable for a period of at least 10 years. Such units will be affordable to and intended for occupancy by households with incomes up to 80 percent of the area median income, as established by the U.S. Department of Housing and Urban Development. The program shall be known as the InvestNH Program. The department shall adopt rules pursuant to RSA 541-A to implement the provisions of this subdivision no later than July 1, 2024. Source. 2023, 79:39, eff. July 1, 2023.

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12-O:71 New Hampshire Housing Champion Designation.

I. The department shall develop a New Hampshire housing champion designation program for all qualifying municipalities. The New Hampshire housing champion designation program shall be voluntary. Each municipality shall have the option, in its sole discretion, to apply to the department to receive the New Hampshire housing champion designation. In exchange for New Hampshire housing champion designation, a municipality shall receive preferential access to state resources including, but not limited to, discretionary state infrastructure funds, as available. II. The department shall adopt rules to establish qualifications and procedures for a municipality to receive the New Hampshire housing champion designation. The designation procedure shall be based on a scoring system. III. Qualifications to receive the New Hampshire housing champion designation shall include: (a) Adoption of such land use regulations and ordinances which the department determines to be necessary to promote the development of workforce housing, as that term is defined in RSA 674:58, and other types of housing necessary for the economic development of the state. In this subdivision, "land use regulations and ordinances" may include, but are not limited to, zoning ordinances adopted pursuant to RSA 674:16, innovative land use controls adopted pursuant to RSA 674:21, subdivision regulations adopted pursuant to RSA 674:35, and site plan regulations adopted pursuant to RSA 674:43. (b) Training of planning board and zoning board of adjustment members using training materials and programs, including online materials and programs, provided by the department pursuant to RSA 673:3-a; or training materials and programs, including online materials and programs, provided by the New Hampshire Municipal Association, that cover the processes, procedures, regulations, and statutes related to the board on which the member serves; or any other training materials and programs, including online materials and programs, approved by the department, that cover the processes, procedures, regulations, and statutes related to the board on which the member serves. (c) Implementation of sewer and water infrastructure improvements intended to support the development of workforce housing,as that term is defined in RSA 674:58, and other types of housing necessary for the economic development of the state. (d) Implementation of public transportation, sidewalks, or other walkability infrastructure intended to support the development of workforce housing, as that term is defined in RSA 674:58, and other types of housing necessary for the economic development of the state. IV. Qualifications to receive the New Hampshire housing champion designation may also include, but are not limited to adoption of financial tools that incentivize the development of workforce housing, including adoption of the community revitalization tax relief incentive program under RSA 79-E and establishment of municipal economic development and revitalization districts under RSA 162-K. V. Municipalities that receive a New Hampshire housing champion designation shall annually report in a form required by the department. The annual report shall include such measures as the department may determine, including but not limited to land use board applications and approvals and building permits. VI. A New Hampshire housing champion designation shall be valid for 3 years from the date such designation is awarded. A municipality may seek renewal of its New Hampshire housing champion designation for subsequent 3-year periods. The department shall include in the criteria for renewal performance metrics including, but not limited to, the qualifications listed in paragraphs III and IV. VII. Each year the department shall develop a report which describes all actions taken related to the operation of the New Hampshire housing champion designation program in the preceding state fiscal year and assesses the overall impact of the New Hampshire housing champion designation program, including an assessment of the additional housing units produced in the state as a result of the program's operation and incentives. The report required by this paragraph shall be submitted to the governor, the speaker of the house of representatives, and the president of the senate on or before November 1 of each year, beginning in 2024, and upon such submission, the report shall be posted online on the website of the department. Source. 2023, 79:462, eff. July 1, 2023.

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12-O:72 Housing Planning and Regulation Municipal Grant Program.

The department shall establish a grant program for municipalities to assist them in promoting increased housing production. Subject to availability of funding, the department shall make grants to any municipality for the purpose of consultation or implementation of revising their master plans and land use regulations for the purpose of promoting the production of workforce housing, as that term is defined in RSA 674:58, and other types of housing necessary for the economic development of the state, and to assist them to become eligible for New Hampshire housing champion designation pursuant to RSA 12-O:71. The department shall adopt rules establishing grant eligibility criteria, grant maximums, and grant program administration. Source. 2023, 79:462, eff. July 1, 2023.

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12-O:73 Champion Benefits.

A municipality which has received designation as a housing champion shall be eligible, subject to the rulemaking in RSA 12-O:75, for the following benefits: I. Housing production municipal grant program. The department shall establish a grant program for municipalities that have made a commitment to facilitating increased housing production. Municipalities that are designated by the department as New Hampshire housing champion communities will be eligible to apply for the grants. Subject to availability of funding, the department shall make grants to any municipality with such a designation on a per-unit basis for workforce housing units for which certificates of occupancy have been issued by the municipality in the preceding state fiscal year. The department shall adopt rules establishing eligibility criteria, per-unit grant maximums, maximum grants per project, a maximum amount that may be granted to any municipality in a year, and grant program administration. II. Housing infrastructure municipal grant and loan program. The department shall establish a grant program for municipalities that are seeking to build infrastructure that will accommodate increased housing production. Municipalities that are designated by the department as New Hampshire housing champion communities will be eligible to apply for the grants. Subject to availability of funding, the department shall make grants to any municipality, or support the creation of low-interest loan programs for any municipality, with such a designation to provide at least matching funding, as a grant, or all funding, as a loan, for new construction or capacity increases for drinking water, sanitary sewer, stormwater, highway infrastructure, telecommunications, and electrical distribution infrastructure. The department shall adopt rules establishing eligibility criteria, grant maximums, a maximum amount that may be granted to any municipality in a year, and grant program administration. Source. 2023, 79:462, eff. July 1, 2023.

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12-O:74 New Hampshire Housing Champion Designation and Grant Program Fund.

There is hereby established in the state treasury the New Hampshire housing champion designation and grant program fund, for the purpose of funding the grant programs established in RSA 12-O:72 and, RSA 12-O:73. The fund shall be non-lapsing and shall be continually appropriated to the department. Source. 2023, 79:462, eff. July 1, 2023.

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12-O:75 Administrative Rules.

The department shall adopt rules pursuant to RSA 541-A to implement the provisions of this subdivision no later than July 1, 2024. During the rulemaking process, the department shall consult with relevant state agencies and entities that administer the programs and funds identified under RSA 12-O:73, II to ensure the rules for the New Hampshire housing champion designation program are not in conflict with the rules of these state agencies and entities. Source. 2023, 79:462, eff. July 1, 2023.

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12-O:76 Program Advisory Committee.

The department shall establish a New Hampshire Housing Champion program advisory committee to review and make recommendations on initial rules proposed pursuant to RSA 12-O:75. Members of the program advisory committee shall serve without compensation, except that legislative members of the board shall receive mileage at the legislative rate when attending to the duties of the board. The program advisory committee shall consist of: (a) One member of the senate, appointed by the senate president. (b) One member of the house of representatives, appointed by the speaker of the house of representatives. (c) The commissioner of the department of business and economic affairs, or designee. (d) The executive director of the New Hampshire housing finance authority, or designee. (e) The executive director of the community development finance authority, or designee. (f) Two members appointed by the New Hampshire Municipal Association, one representing a city and one representing a town. (g) One member appointed by the New Hampshire Association of Regional Planning Commissions. (h) One member appointed by the New Hampshire Planners Association. Source. 2023, 79:462, eff. July 1, 2023.

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