reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:10-b - Siting of High Pressure Gas Pipelines; Rulemaking; Intervention.

162-H:10-b Siting of High Pressure Gas Pipelines;  Rulemaking;  Intervention. –
I. To meet the objectives of this chapter, and with due regard to meeting the energy needs of the residents and businesses of New Hampshire, the general court finds that appropriately sited high pressure gas pipelines subject to committee approval have the potential to assist the state in accomplishing these goals. Accordingly, the general court finds that it is in the public interest for the site evaluation committee to establish criteria or standards governing the siting of high pressure gas pipelines in order to ensure that the potential benefits of such systems are appropriately considered and unreasonable adverse effects avoided through a comprehensive, transparent, and predictable process. When establishing any criteria, standard, or rule for a high pressure gas pipeline or when specifying the type of information that a high pressure gas pipeline applicant shall provide to the committee for its decision-making, the committee shall rely upon the best available evidence.
II. For the adoption of rules, pursuant to RSA 541-A, relative to the siting of high pressure gas pipelines, the committee shall address the following:
(a) Impacts to natural, scenic, recreational, visual, and cultural resources.
(b) Health and safety impacts, including but not limited to, proximity to high pressure gas pipelines that could be mitigated by appropriate setbacks from any high pressure gas pipeline.
(c) Project-related sound and vibration impact assessment prepared in accordance with professional standards by an expert in the field.
(d) Impacts to the environment, air and water quality, plants, animals, and natural communities.
(e) Site fire protection plan requirements.
(f) Best practical measures to ensure quality construction that minimizes safety issues.
(g) Best practical measures to avoid, minimize, or mitigate adverse effects.
(h) Criteria to maintain property owners' ability to use and enjoy their property.
III. As soon as practicable, but no later than one year from the effective date of this section, the committee shall adopt rules, pursuant to RSA 541-A, consistent with paragraphs I and II of this section.
IV. The committee shall consider intervention in Federal Energy Regulatory Commission proceedings involving the siting of high pressure gas pipelines in order to protect the interest of the state of New Hampshire.
Source.
2015, 264:1, eff. July 20, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:11 - Judicial Review.

162-H:11 Judicial Review. –
Decisions made pursuant to this chapter shall be reviewable in accordance with RSA 541.
Source.
1991, 295:1, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:13 - Records.

162-H:13 Records. –
Complete verbatim records shall be kept by the committee of all hearings, and records of all other actions, proceedings, and correspondence of the committee, including submittals of information and reports by members of the public, shall be maintained, all of which records shall be open to the public inspection and copying as provided for under RSA 91-A. Committee records regarding pending applications for a certificate shall also be made available on a website.
Source.
1991, 295:1, eff. Jan. 1, 1992. 2014, 217:19, eff. July 1, 2014. 2023, 233:13, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:14 - Temporary Suspension of Deliberations.

162-H:14 Temporary Suspension of Deliberations. –
I. If the site evaluation committee, at any time while an application for a certificate is before it, deems it to be in the public interest, it may temporarily suspend its deliberations and time frame established under RSA 162-H:7.
II. [Repealed.]
Source.
1991, 295:1. 2009, 65:16, 24, VIII, eff. Aug. 8, 2009. 2014, 217:19, eff. July 1, 2014.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:15 - Repealed by 2014, 217:28, IV, eff. July 1, 2014.

162-H:15 Repealed by 2014, 217:28, IV, eff. July 1, 2014. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:17 - Repealed by 2009, 65:24, X, eff. Aug. 8, 2009.

162-H:17 Repealed by 2009, 65:24, X, eff. Aug. 8, 2009. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:18 - Repealed by 2009, 65:24, XI, eff. Aug. 8, 2009.

162-H:18 Repealed by 2009, 65:24, XI, eff. Aug. 8, 2009. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:19 - Penalties.

162-H:19 Penalties. –
I. The superior court, in term time or in vacation, may enjoin any act in violation of this chapter.
II. Any construction or operation of energy facilities in violation of this chapter, or in material violation of the terms and conditions of a certificate issued under this chapter, may result in an assessment by the superior court of civil damages not to exceed $10,000 for each day in violation.
III. Whoever commits any willful violation of any provision of this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1991, 295:1. 2009, 65:22, eff. Aug. 8, 2009.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:20 - Severability.

162-H:20 Severability. –
If any provision of this chapter, or application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end, the provisions of this chapter are severable.
Source.
1991, 295:1, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:21 - Fund Established; Funding Plan.

162-H:21 Fund Established;  Funding Plan. –
There is hereby established in the office of the state treasurer a nonlapsing, special fund to be known as the site evaluation committee fund. All application and other filing fees received by the committee under RSA 162-H:8-a shall be deposited in the fund. All moneys in the fund shall by continually appropriated to the site evaluation committee and shall only be used to pay for operating costs of the committee, including, but not limited to, compensation and reimbursements made under RSA 162-H:22 for energy facility proceeding time and expenses, and administrator and other committee support costs under RSA 162-H:3, VII and RSA 162-H:3-a, except those costs paid by applicants under RSA 162-H:10, and all monitoring and enforcement costs of the department, except those costs charged directly to applicants or owners. In the event lawful expenditures of the committee and department in a fiscal year are greater than the total fees and charges held in the site evaluation committee fund, the chair of the site evaluation committee may request, with prior approval of the fiscal committee, that the governor and council authorize additional funding from general funds not otherwise appropriated. Notwithstanding any other provision of law, the department may engage additional technical, legal, or administrative support to fulfill the requirements of this chapter, the cost of which shall be charged directly to the applicant or energy facility owner.
Source.
2014, 217:23, eff. July 1, 2014, July 11, 2014. 2015, 219:7, eff. July 8, 2015. 2022, 176:10, eff. July 1, 2022. 2023, 233:15, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:22 - Compensation and Reimbursement.

162-H:22 Compensation and Reimbursement. –
I. The public members of the committee shall be compensated for all time spent on committee business, including compensation and reimbursement for energy facility proceeding time and expenses. Compensation shall be provided on a pro rata basis, based upon the daily salary rate of an unclassified position at the initial step in grade FF under RSA 94:1-a, I(a).
II. State agencies represented on the committee shall be reimbursed for energy facility proceeding time and expenses incurred by their respective members or designees, except that time spent for the first 3 full days of their participation with respect to any application or other proceeding concerning an energy facility shall not be subject to reimbursement. The rate of reimbursement to each respective agency shall be based on a pro rata share of the employee's salary, benefits, and related costs.
III. The department of justice shall be reimbursed in the same manner as described in paragraph II for energy facility proceeding time and expenses that are incurred by the counsel for the public.
IV. All persons or agencies seeking compensation or reimbursement under this section shall keep detailed time and expense records which shall be submitted to the chairperson or administrator and used to determine the amount of compensation or reimbursement. The chairperson or administrator shall develop a recordkeeping system and accounting and payment procedures.
V. Funding for all compensation and reimbursement under this section shall be as provided in RSA 162-H:21.
Source.
2015, 219:5, eff. July 8, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:23 - Repealed by 2019, 149:2, eff. Nov. 1, 2020.

162-H:23 Repealed by 2019, 149:2, eff. Nov. 1, 2020. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:24 - Transition.

162-H:24 Transition. –
On the effective date of this section, the department shall assume responsibility for all monitoring and enforcement activities under this chapter, except for proceedings opened by the committee prior to the effective date of this section, including enforcement complaints, in which case the proceeding shall continue pursuant to any existing procedural order of the committee.
Source.
2023, 233:16, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-I - Business Finance Authority Revenue Bonds › Section 162-I:3 - Powers of the Authority.

162-I:3 Powers of the Authority. –
I. The authority shall have the following powers in addition to any other powers conferred upon it:
(a) To engage in projects, to acquire and dispose of ownership or possessory interests in eligible facilities and related property within the state.
(b) To issue bonds:
(1) To pay project costs;
(2) To reimburse a user or a related person for payments for project costs made before or after the bonds are issued; or
(3) To refund, refinance, or acquire indebtedness previously issued by or on behalf of the authority, a user, or a related person.
(c) To execute financing documents and security documents and perform obligations and exercise powers created by the documents.
(d) In the event of default by a user under a financing document, but only to the extent authorized by the financing document or security document, to dispose of all or part of the eligible facility by sale or otherwise for the benefit of the bondholders under the security documents.
(e) To make contracts or take any other action which is necessary or desirable in connection with the exercise of the powers granted under this section.
(f) To take all actions necessary or appropriate in its administration of the intrastate energy pipeline facility revolving loan fund established in this chapter, including, but not limited to, underwriting loan applications and exercising any of the other powers granted to the authority under this section or elsewhere.
II. The authority may authorize its officers to take such actions as may be reasonably necessary to carry out its powers. The authority may from time to time by resolution delegate to the chairman, vice chairman, or executive director, or any combination of these officers, the power to grant waivers and consents, approve amendments, and take all other actions with respect to financing documents, security documents, and other documents pertaining to bonds previously issued by the authority; provided, however, that all such actions shall be consistent with the findings and approval of the governor and council made under RSA 162-I:9 and with the purposes of this chapter.
Source.
1975, 98:1. 1981, 213:3. 1987, 351:1. 1995, 128:14. 1998, 265:3, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-I - Business Finance Authority Revenue Bonds › Section 162-I:3-a - Railroad Lines.

162-I:3-a Railroad Lines. –
Bonds issued under this chapter relative to railroad lines may finance the upgrading, construction or repair of railroad lines in the state.
Source.
1981, 455:3, eff. June 23, 1981.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-I - Business Finance Authority Revenue Bonds › Section 162-I:4 - Limitation on Authority.

162-I:4 Limitation on Authority. –
Nothing in this chapter shall be construed to authorize the authority to operate an eligible facility itself or to conduct any business enterprise in connection with an eligible facility.
Source.
1975, 98:1. 1981, 213:4; 455:4, eff. June 23, 1981.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-I - Business Finance Authority Revenue Bonds › Section 162-I:5 - Authority's Ownership, Possessory or Security Interest.

162-I:5 Authority's Ownership, Possessory or Security Interest. –
The authority's interest in the facility under a financing document may be that of owner, lessor, lessee, conditional or installment vendor, mortgagor, secured party or otherwise, but the authority need not have any ownership, possessory or security interest in the facility.
Source.
1975, 98:1. 1981, 213:5; 455:5, eff. June 23, 1981.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-I - Business Finance Authority Revenue Bonds › Section 162-I:6 - Financing Documents.

162-I:6 Financing Documents. –
I. Every financing document shall:
(a) Provide for payments by the user at such times and in such amounts as are necessary in order to pay the debt service on all bonds issued to finance the project as they become due; and
(b) Obligate the user to pay all the costs and expenses of operation, maintenance and upkeep of the eligible facility.
II. Any financing document may:
(a) Bear any appropriate title;
(b) Involve property in addition to the property financed by the bonds;
(c) Be in the nature of:
(1) A sale and leaseback;
(2) A lease purchase;
(3) A conditional sale;
(4) An installment sale;
(5) A secured or unsecured loan;
(6) A loan and mortgage; or
(7) Other similar transaction;
(d) Provide for payments by the user which include amounts in addition to the amounts required to pay debt service;
(e) Obligate a user to make payments before the eligible facility exists or becomes functional and to make payments after the eligible facility has ceased to exist or to be functional to any extent and from any cause;
(f) Obligate a user to make payments regardless of whether the user is in possession or is entitled to be in possession of the eligible facility;
(g) Allocate responsibility between the authority and the user for making purchases and contracts required for the project;
(h) Contain an option for the user to acquire any ownership or possessory interest which the authority may have in the eligible facility for nominal consideration upon payment of the bonds or upon the user's making adequate and secure provision for their payment and provide for the automatic transfer of the authority's interest in the facility upon the effective exercise of the option;
(i) Provide that some or all of the user's obligations under the document shall be unconditional and shall be binding and enforceable in all circumstances, notwithstanding any other provision of law; or
(j) Contain other provisions and covenants relating to the use, maintenance and replacement of the eligible facility which the authority and the user deem necessary for the protection of themselves or others.
Source.
1975, 98:1. 1981, 213:6; 455:6, eff. June 23, 1981.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-I - Business Finance Authority Revenue Bonds › Section 162-I:7 - Security Documents.

162-I:7 Security Documents. –
I. A security document may:
(a) Contain an assignment, pledge, mortgage or other encumbrance of all or part of the authority's interest in, or right to receive payments with respect to, an eligible facility under a financing document;
(b) Bear any appropriate title;
(c) Provide for a trustee for the benefit of holders of bonds issued to finance an eligible facility;
(d) Be combined with a financing document as one instrument;
(e) Contain covenants of the authority as to:
(1) The creation and maintenance of reserves;
(2) The issuance of other bonds with respect to the eligible facility;
(3) The custody, investment and application of moneys;
(4) The disposition of insurance or condemnation proceeds;
(5) The use of surplus bond proceeds;
(6) Action by the authority in the event of a default by the user under the financing document;
(7) The subjecting of additional property to the lien of the security document; or
(8) Any other matter which affects the security for the bonds in any way; or
(f) Limit the rights of bondholders to enforce obligations of the authority under the security documents or the financing document.
II. Any assignment, pledge, mortgage or other encumbrance of all or part of the authority's right to receive payments with respect to an eligible facility contained in a security document shall be fully effective and perfected from the time when the security document is executed with or without any subsequent physical delivery or segregation of the money and without any filing or recording under RSA 382-A or otherwise.
Source.
1975, 98:1. 1981, 213:7; 455:7. 1987, 351:2, eff. July 24, 1987.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-I - Business Finance Authority Revenue Bonds › Section 162-I:8 - Bonds.

162-I:8 Bonds. –
I. Bonds authorized under this chapter may be issued:
(a) In one or more series of one or more denominations and bearing one or more rates of interest;
(b) In bearer form or registered form with or without privileges of conversion and reconversion from one form to the other;
(c) Payable in serial installments or as term bonds, and any series may consist of both types of bond, provided that all of the bonds of every series shall mature no later than 40 years after their dates; and
(d) Subject to redemption prior to maturity, with or without the payment of any redemption premium, in accordance with the provisions of the security document.
II. Every bond shall be signed on behalf of the authority by 2 persons designated by the board. Any person so designated shall be a member of the board, or the executive director, senior credit officer, or the chief financial officer of the authority. Each such signature may be manual or facsimile but at least one signature on every bond shall be manual, unless the bond bears a manual authentication or certification by a bank, trust company or other financial institution described in RSA 162-I:12, in which case each signature on behalf of the authority may be facsimile. Interest coupons, if any, shall bear the facsimile signature of one of the persons signing the bond on behalf of the authority. Bonds shall also bear the seal of the authority or a facsimile of the seal. Bonds executed as provided in this paragraph shall be valid notwithstanding that any or all of the persons whose signatures appear on the bond shall have ceased to hold office before delivery of and payment for the bond.
III. Every bond shall bear a statement on its face that it does not constitute an indebtedness of the state or the authority except to the extent permitted by this chapter. Bonds may be sold at public or private sale. The price at which bonds are sold may be par or may be more or less than par, but the original purchaser thereof shall be obligated to pay accrued interest for the period, if any, from the date of the bonds to the date of delivery. All bonds issued under this chapter and interest coupons applicable thereto, if any, shall be deemed to be negotiable instruments and to be investment securities under RSA 382-A.
IV. No purchaser of bonds shall in any way be bound to see to the proper application of the proceeds thereof.
V. The signature of the state treasurer on an endorsement of a state guarantee of a bond may be manual or facsimile.
Source.
1975, 98:1. 1981, 213:8. 1985, 357:12. 1992, 46:4; 262:5. 1997, 329:13, eff. Oct. 1, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-I - Business Finance Authority Revenue Bonds › Section 162-I:10 - Obligations of the State.

162-I:10 Obligations of the State. –
I. No financing or security document, bond or other instrument shall in any way obligate the state to raise any money by taxation or use other public funds for any purpose in relation to an eligible facility, and neither the state nor the authority shall pay or promise to pay any debt or meet any financial obligation to any person at any time in relation to an eligible facility financed in whole or in part by the issue of bonds except:
(a) From moneys received or to be received under the provisions of a financing or security document entered into under this chapter or derived from the exercise of the authority's rights under those instruments;
(b) As permitted by RSA 162-I:9, RSA 162-I:9-a, or RSA 162-I:9-b; or
(c) As may be required by law other than the provisions of this chapter.
II. Notwithstanding paragraph I, the authority may accept and expend with respect to an eligible facility any gifts or grants received from any source in accordance with the terms of the gifts or grants. Bonds issued under this chapter shall not be deemed obligations of the authority for the purposes of RSA 162-A:12.
Source.
1975, 98:1. 1981, 213:10; 455:9. 1992, 46:5; 262:6, eff. May 15, 1992.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-I - Business Finance Authority Revenue Bonds › Section 162-I:11 - Action by the Authority.

162-I:11 Action by the Authority. –
All actions by the authority under this chapter may be authorized by resolutions adopted by a majority of the members of the board in attendance at a meeting at which a quorum is present pursuant to RSA 162-A:20.
Source.
1975, 98:1. 1997, 329:14, eff. Oct. 1, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-I - Business Finance Authority Revenue Bonds › Section 162-I:12 - Trustees and Trust Funds.

162-I:12 Trustees and Trust Funds. –
Any bank, trust company, or any other financial institution which has power to act as a trustee, whether within or outside the state may serve as trustee for the benefit of bondholders under a security document. Such trustee may at any time own all or any part of the bonds issued under that security document, unless otherwise provided therein. All moneys received or held by the authority or by a trustee pursuant to a financing or security document, other than funds received or held by the authority for its own use, shall be deemed to be trust funds and shall be held and applied solely in accordance with the applicable document, but the person paying such money to the authority or the trustee shall not in any way be bound to see to the proper application thereof.
Source.
1975, 98:1. 1992, 262:7, eff. May 15, 1992.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-I - Business Finance Authority Revenue Bonds › Section 162-I:13 - Bonds Eligible for Investment.

162-I:13 Bonds Eligible for Investment. –
Bonds issued under this chapter shall be legal investments for all persons without limit as to the amount held, regardless of whether they are acting for their own account or in a fiduciary capacity. No person offering to buy or sell or buying or selling such bonds shall be required to obtain any license or register any transaction in connection therewith, nor shall any person purchasing such bonds be required to furnish any statement of financing charges.
Source.
1975, 98:1, eff. April 22, 1975.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-I - Business Finance Authority Revenue Bonds › Section 162-I:14 - Bonds Exempt From Taxation.

162-I:14 Bonds Exempt From Taxation. –
All bonds and the interest thereon shall be exempt from taxation in this state.
Source.
1975, 98:1, eff. April 22, 1975.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-I - Business Finance Authority Revenue Bonds › Section 162-I:15 - Tax Exemption and Payment for Services in Lieu of Taxes.

162-I:15 Tax Exemption and Payment for Services in Lieu of Taxes. –
Any eligible facility while owned by the authority is declared to be public property and shall be exempt from all taxes and special assessments of the state or any political subdivision of the state. In lieu of such taxes and special assessments the state or the political subdivision shall require any tenant, occupant or user of the eligible facility to make payments annually to the municipality in which the eligible facility is located, for its just share of the public expense, including, but not limited to, education, highway maintenance, fire and police protection and other similar public expenses and governmental services. The board of tax and land appeals shall determine, after a hearing, that the payments constitute a just share of the public expense.
Source.
1975, 98:1. 1981, 213:11; 455:10, eff. June 23, 1981.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-I - Business Finance Authority Revenue Bonds › Section 162-I:15-a - Assessment for Development in Unincorporated Places.

162-I:15-a Assessment for Development in Unincorporated Places. –
In an unincorporated place, the county commissioners, with the approval of the county delegation, may establish redevelopment districts to ensure that projects benefiting from the issuance of bonds guaranteed pursuant to RSA 162-I:9-a, I repay such bonds. The boundaries of the redevelopment district shall be configured so that it includes, but is limited to, all of the property available to be developed, redeveloped, or revitalized using such bonds. Every owner, tenant, or occupant of each lot or parcel located within the redevelopment district shall be subject to an assessment. The amount of the assessment shall be sufficient to provide for repayment of the debt service related to the bond. The amount of the assessment, payment terms, and method for collection shall be established in a financing plan prepared by the bond recipient, approved by the commissioner of the department of revenue administration, and adopted by the county commissioners. The financing plan shall include the delegation of collection responsibilities to the county. The county commissioners may enter into such agreements with the authority, the user, and the state as they deem necessary to ensure repayment under this chapter and to implement the financing plan and including without limitation such terms and conditions as the state shall deem necessary to provide for the segregation and pledge of the assessments to secure repayment of the bonds. The assessment shall be used solely to pay off debt service related to the bond. This payment shall be independent of, and in addition to, any other taxes including property taxes. Any unpaid assessment under this chapter shall constitute a lien pursuant to RSA 80:19 on the assessed property. Collection and enforcement of assessments under this section shall be in accordance with RSA 80:19.
Source.
2015, 47:7, eff. May 21, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-I - Business Finance Authority Revenue Bonds › Section 162-I:16 - Construction and Effect of Other Laws.

162-I:16 Construction and Effect of Other Laws. –
I. The powers conferred by this chapter are supplemental and alternative to other powers conferred by law, and this chapter is intended as an independent and comprehensive conferral of powers to accomplish the purposes set forth in RSA 162-I:1.
II. No notice, hearing, proceedings or approval shall be required with respect to any action taken under this chapter except as provided in this chapter. Any hearing required by RSA 162-I:9 or RSA 162-I:9-b shall be informational and shall not be treated as determining the rights, duties, or privileges of any entity or person. Neither the authority nor the governor and council shall be required to conduct adjudicative proceedings under RSA 541-A:31 to 36 in connection with any action taken under this chapter.
III. Purchases and contracts required in connection with a project may be made or let without regard to any provision of law relating to public purchases or contracts.
IV. The provisions of this chapter shall be liberally construed in order to effect its purposes.
V. If any provision of this chapter shall be held invalid in any circumstance, such invalidity shall not affect any other provisions or circumstances.
VI. This chapter shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional requirements whether or not such steps are required by statute.
Source.
1975, 98:1. 1992, 262:8. 1994, 412:20, eff. Aug. 9, 1994.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-K - Municipal Economic Development and Revitalization Districts › Section 162-K:1 - Local Option.

162-K:1 Local Option. –
Any city or town may adopt this chapter and shall thereafter have all the authority, powers, duties and responsibilities set forth in this chapter.
I. A city may adopt this chapter by majority vote of the legislative body of the city after notice and hearing as set forth in RSA 162-K:4.
II. A town may adopt this chapter by majority vote of the voters present and voting at any legal town meeting under a proper article and after notice and hearing as set forth in RSA 162-K:4.
Source.
1979, 175:2, eff. Aug. 5, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-K - Municipal Economic Development and Revitalization Districts › Section 162-K:3 - Authorization; Initial Adoption.

162-K:3 Authorization;  Initial Adoption. –
A municipality which adopts this chapter shall thereafter be authorized to establish one or more development districts. For each such district, the municipality shall establish a development program and a tax increment financing plan. A municipality that has not previously adopted this chapter may carry out the planning and hearing procedures for establishment of one or more development districts at the same time it is conducting the planning and hearing procedures on initial adoption of this chapter; provided that any vote on establishing a particular development district shall not be taken until after the legislative body shall have voted on the question of adopting this chapter.
Source.
1979, 175:2, eff. Aug. 5, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-K - Municipal Economic Development and Revitalization Districts › Section 162-K:4 - Hearing.

162-K:4 Hearing. –
Prior to adopting this chapter or designating any development district, a hearing on the subject shall be conducted in the municipality. The hearing shall be conducted by the governing body. The hearing shall be held at least 15 days prior to the date on which action on the proposal is scheduled to take place. Notice of the hearing, including a description of any proposed district, shall be posted in 2 appropriate places in the municipality or published in a newspaper of general circulation in the municipality at least 7 days prior to the hearing.
Source.
1979, 175:2, eff. Aug. 5, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-K - Municipal Economic Development and Revitalization Districts › Section 162-K:5 - Establishment of Districts; Limitations.

162-K:5 Establishment of Districts;  Limitations. –
Upon a finding that such action will serve public purposes, the legislative body of the municipality may create, within its jurisdiction, development districts. The area of a district may be enlarged following the date of designation of the district. Municipalities establishing development districts shall comply with one of the following limitations:
I. The total acreage included in any one development district when designated shall not exceed 5 percent of the total acreage of the municipality, and when added to the total current acreage within the development districts for which bonds remain outstanding shall not exceed 10 percent of the total acreage of the municipality.
II. The total assessed value of taxable real property of any one development district when designated shall not exceed 8 percent of the most recent total assessed value of taxable real property in the municipality, and when added to the current total assessed value of taxable real property within development districts for which bonds remain outstanding, shall not exceed 16 percent of the most recent total assessed value of taxable real property in the municipality.
Source.
1979, 175:2. 1985, 135:1. 1991, 362:10. 1998, 9:1. 2004, 181:1, eff. July 31, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-K - Municipal Economic Development and Revitalization Districts › Section 162-K:7 - Grants.

162-K:7 Grants. –
A municipality may accept grants or other financial assistance from the government of the United States, the state of New Hampshire or any other entity to do studies and to construct and operate the public improvements authorized by this chapter.
Source.
1979, 175:2, eff. Aug. 5, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-K - Municipal Economic Development and Revitalization Districts › Section 162-K:8 - Issuance of Bonds.

162-K:8 Issuance of Bonds. –
The municipality may authorize, issue and sell general obligation bonds, which shall mature within 30 years from the date of issue, to finance the acquisition and betterment of real and personal property needed to carry out the development program within the development district together with all relocation costs incidental thereto. Bonds issued under authority of this chapter shall be payable in annual payments which shall be so arranged that the amount of annual payment of principal and interest in any year on account of any bond shall not be less than the amount of principal and interest payable in any subsequent year by more than 5 percent of the principal of the entire bond. The total amount of such payments shall be sufficient to extinguish the entire bond on account of which they are made at maturity. The first payment of principal on any bond shall be made no later than 5 years and the last payment not later than 30 years after the date thereof. Each authorized issue of bonds shall be a separate loan. All dedicated tax increments received by the municipality pursuant to RSA 162-K:10 shall be pledged for the payment of these bonds and used to reduce or cancel the taxes otherwise required to be extended for that purpose, and the bonds shall not be included when computing the municipality's net debt under RSA 33.
Source.
1979, 175:2. 2000, 280:1, eff. Aug. 20, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-K - Municipal Economic Development and Revitalization Districts › Section 162-K:9 - Tax Increment Financing Plan.

162-K:9 Tax Increment Financing Plan. –
The municipality shall adopt a tax increment financing plan for any development district established under this chapter. The plan shall allocate use of tax increments for retirement of bonds and notes, operation, maintenance and improvements in the district and for general municipal purposes.
I. A tax increment financing plan shall contain a statement of objectives of a municipality for improvement of a development district. Such plan shall be incorporated into the development program for the district. It shall contain estimates of the following: cost of the development program; sources of revenues to finance those costs including estimates of tax increments; amount of bonded indebtedness to be incurred; and the duration of the program's existence. The plan shall also contain a statement of the estimated impact of tax increment financing on the assessed values of all taxing jurisdictions in which the district is located.
II. Before approving any tax increment financing plan, a public hearing shall be held as part of the hearing on the development district under RSA 162-K:4.
III. Before formation of a development district, the municipality shall provide a reasonable opportunity to the county commissioners of any county in which any portion of the development district is located and to the members of the school board of any school district in which any portion of the development district is located to meet with the governing body. The governing body shall fully inform the county commissioners and the school boards of the fiscal and economic implications of the proposed development district. The county commissioners and the school boards may present their recommendations at the public hearing. A municipality's tax increment financing plan may include agreements with the county commissioners and the school boards in which the district is located to share a portion of the captured tax increments of the district.
IV. A tax increment financing plan may be modified provided such modification shall be approved by the legislative body upon such notice and hearing and agreements as are required for approval of the original plan. In a case where the financing plan calls for the appropriation of a specific sum of money, the sum of money appropriated thereunder may be decreased or increased by the vote of the legislative body, provided that in a town under the municipal budget act no increase shall be valid which would violate the provisions of RSA 32:18, except as provided in RSA 32:18-a. Any modification shall maintain use of dedicated tax increments for retirement of bonds and notes as required.
Source.
1979, 175:2, eff. Aug. 5, 1979. 2015, 167:1, eff. Aug. 25, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-K - Municipal Economic Development and Revitalization Districts › Section 162-K:11 - Annual Report.

162-K:11 Annual Report. –
The municipality's annual report shall contain a financial report for any development district in the municipality. The report shall include at least the following information: the amount and source of revenue of the district, the amount and purpose of expenditures, the amount of principal and interest on any outstanding bonded indebtedness, the original assessed value of the district, the captured assessed value retained by the district, the tax increments received and any additional information necessary to demonstrate compliance with the tax increment financing plan.
Source.
1979, 175:2, eff. Aug. 5, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-K - Municipal Economic Development and Revitalization Districts › Section 162-K:12 - Maintenance and Operation.

162-K:12 Maintenance and Operation. –
Maintenance and operation of the systems and improvements constructed under this chapter shall be under the supervision of the district administrator. The cost of maintenance and operation of the non-revenue-producing facilities together with excess of costs of operation and maintenance of revenue-producing facilities, if any, shall be charged against the development district in which it is located. The charges against each property within the district shall be in proportion to the benefit to the properties within the district 60 days before the budget submission date. The district administrator shall submit to the governing body of the municipality the maintenance and operating budget for the following year, and the prorated share of the budget to be charged to each property in the district. The budget for the district as approved by the municipality, and pursuant to RSA 32, shall contain necessary appropriations and provisions for collecting charges against affected properties in the district.
Source.
1979, 175:2. 2012, 186:5, eff. June 11, 2012.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-K - Municipal Economic Development and Revitalization Districts › Section 162-K:13 - Administration.

162-K:13 Administration. –
The municipality may create a department or designate an existing department or office or agency or municipal housing and redevelopment authority, or form a corporation under RSA 292, to administer development districts. The district administrator may, subject to such rules and limitations as may be adopted by the governing or legislative body, be granted the power to:
I. Acquire property or easements through negotiations;
II. Enter into operating contracts on behalf of the municipality for operation of any of the facilities authorized to be constructed under this chapter;
III. Lease space to private individuals or corporations within the buildings constructed under this chapter;
IV. Lease or sell land and lease or sell air rights over structures constructed under this chapter;
V. Enter into contracts for construction of several facilities or portions thereof authorized under this chapter;
VI. Contract with the housing and redevelopment authority of the municipality for the administration of any or all of the provisions of this chapter;
VII. Certify to the governing body of the municipality, for acquisition through eminent domain, property that cannot be acquired by negotiation, but is required for implementation of the development program;
VIII. Certify to the governing body of the municipality the amount of funds, if any, which must be raised through sale of bonds to finance the program for development districts;
IX. Apply for grants from the government of the United States or other source.
Source.
1979, 175:2, eff. Aug. 5, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-K - Municipal Economic Development and Revitalization Districts › Section 162-K:14 - Advisory Board.

162-K:14 Advisory Board. –
I. The legislative body of the municipality shall create an advisory board for each development district that ensures fair representation of business and community interests. The board shall consist of such number of members appointed or elected as determined by the legislative body. A majority of members shall be owners or occupants of real property within the community and at least one member shall be an owner or occupant of real property within the development district. In a substantially residential development district, however, the board shall consist solely of owners or occupants of real property within the community and at least one member shall be an owner or occupant of real property within the development district.
II. The advisory board shall advise the governing body and district administrator on planning, construction and implementation of the development program and on maintenance and operation of the district after the program has been completed.
III. The governing body shall by resolution delineate the respective powers and duties of the advisory board and the planning staff or agency. The resolution shall establish reasonable time limits for consultation by the advisory board on the phases of the development program, and provide a mechanism for appealing to the governing body for a final decision when conflicts arise between the advisory board and the planning staff or agency, regarding the development program in its initial and subsequent stages.
Source.
1979, 175:2, eff. Aug. 5, 1979. 2022, 151:1, eff. Aug. 6, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-K - Municipal Economic Development and Revitalization Districts › Section 162-K:15 - Relocation.

162-K:15 Relocation. –
Unless they desire otherwise, provision shall be made for relocation of all persons who would be displaced by a proposed development district prior to displacement in accordance with the provisions of RSA 162-K:6. Prior to undertaking any relocation of displaced persons, the municipality shall insure that housing and other facilities of at least comparable quality be made available to the persons to be displaced.
Source.
1979, 175:2, eff. Aug. 5, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-K - Municipal Economic Development and Revitalization Districts › Section 162-K:16 - Joint Municipal Development and Revitalization Districts.

162-K:16 Joint Municipal Development and Revitalization Districts. –
Municipalities may enter into an agreement under RSA 53-A to jointly establish a municipal development district that may include land within the several municipalities using the procedures in this chapter. Tax revenues and expenditures may be allocated as provided in the agreement.
Source.
2019, 318:3, eff. Oct. 2, 2019.