N.H. Rev. Stat. § 36:53-a — NH Code / Title III / Chapter 36 / Section 53-a
36:53-a Coastal Resilience Fund; Climate Resilience Cooperative Agreements.
Status: in_force

I. The Strafford regional planning commission and the Rockingham planning commission either separately or jointly with participating municipalities may create climate resilience cooperative agreements forming an authority to plan for and address sea-level rise, storm surge, and flooding from extreme precipitation events or in anticipation of such events as projected by the Coastal Risk and Hazards Commission final report "Preparing New Hampshire for Projected Storm Surge, Sea-Level Rise, and Extreme Precipitation," and subsequent science and technical advisory panel reports under RSA 483-B:22. II. Municipalities participating in a climate resilience cooperative agreement shall approve such agreement by a simple majority vote of the legislative body. III. An authority formed by a climate resilience cooperative agreement may establish a coastal resilience fund, to be funded by contributions from participating parties or by bonds, to plan for and address current and future regional needs for projects such as, but not limited to, road projects, shared municipal facilities including wastewater treatment and wastewater systems, and other coastal mitigation and protection projects. If solid waste systems are proposed, such projects shall be governed by the provisions of RSA 53-B. If wastewater and waste treatment systems are proposed, such projects shall be governed by the provisions of RSA 485. For the purposes of the coastal resilience fund, the agreement may establish a common bonding authority under RSA 33. IV. The climate resilience cooperative agreement shall establish a governing authority and process to oversee the coastal resilience fund. (a) For an agreement formed by one regional planning commission, the governing authority shall be composed of the regional planning commission director, an elected official of a participating municipality selected by agreement of the governing bodies of the participating municipalities, and the chair of the county delegation for the county that has the largest number of municipalities in the regional planning commission's coverage area. (b) For an agreement formed by both regional planning commissions, the governing authority shall be composed of both regional planning commission directors, an elected official of a participating municipality from both Rockingham and Strafford counties, each selected by agreement of the governing bodies of the participating municipalities in such county and the chairs of the Rockingham and Strafford county delegations. V. The business affairs and actions of a climate resilience cooperative agreement authority shall be conducted and governed pursuant to the terms, conditions, and provisions of its agreement. The agreement shall include, but not be limited to, the following: (a) A list of municipalities included in the coastal resilience and historic reserve district. (b) Except as provided otherwise by law, the powers, duties, and authorities of the climate resilience cooperative agreement authority. (c) Provisions for the sharing of planning, construction, operating, maintenance, and closing costs of any facilities. (d) A description of proposed activities and projects. (e) The terms by which other municipalities may be admitted to the agreement. (f) The terms by which a municipality may withdraw from the agreement before or after debt has been incurred. (g) The method by which the agreement may be amended including conditions under which an amendment may be approved by the governing or legislative bodies of member municipalities. (h) The procedure for dissolution of the authority before or after debt has been incurred. (i) Provisions for varied levels of participation by member municipalities in multiple projects, if available. (j) The procedure for the preparation and adoption of the annual budget, including the apportionment of authority expenses and a schedule of payments and other procedures relative to governing the authority's fiscal affairs. (k) The remedies and penalties which the climate resilience cooperative agreement authority may assert against a member which defaults in its obligations to the authority, if any. (l) Procedures to receive and disburse funds for any climate resilience cooperative agreement authority purpose. (m) Procedures to incur temporary debt in anticipation of revenue to be received. (n) Procedures to assess member municipalities for expenses of the climate resilience cooperative agreement authority. (o) Power to receive any grants or gifts for the purposes of the climate resilience cooperative agreement authority. (p) Procedures to engage legal counsel, accountants, engineers, contractors, consultants, agents, and other advisors. (q) Procedures for entering into contracts with any person consistent with the climate resilience cooperative agreement authority. (r) Bylaws and regulations relative to project management. (s) Procedures for establishing payments to the authority from participating municipalities. (t) Procedures for funding the coastal resilience fund, including authorization of bonding or incurring any debt, by the participating municipalities. VI. The one year limitation on regional planning commissions' debt obligations under RSA 36:49 shall not apply to the bonding authority under this section.