Fertilizer bill resurfaces
Earlier this year, both the NH House of Representatives and Senate passed House Bill 1293, which restricts the use of certain phosphorus-containing fertilizers and prohibits applying fertilizer within 25 feet of a storm drain or elsewhere where it can enter a storm drain. The bill also lowers the level of phosphate allowed for retail sale in “no-phosphate” fertilizers and requires retail stores to display informative posters outlining the environmental impact of phosphorus run-off.
The intent behind the bill is to lower the number of cynobacteria blooms occurring in New Hampshire’s public water bodies, in which phosphorus plays a significant role. At the House hearing in January, NHAR testified in favor of the legislation, citing the need for additional state efforts to lower phosphorus run-off into our ponds and lakes.
This past July, Governor Sununu vetoed HB 1293, indicating that the bill was vaguely worded and would put well-meaning residents at risk of violating the law. But earlier this month, both the House and Senate overrode the Governor’s veto, and the legislation will become law on Jan. 1, 2025.
A dam tax
Over the past several months, the Committee to Study Funding for State Owned Dams has met to discuss concerns expressed by the NH Department of Environmental Services that the cost of repairing or removing state-owned dams is exceeding their current budget.
NHDES told the Committee that the state owns 276 dams across the state, of which 64 are considered high hazard and another 34 are significant hazard. The total cost to rehabilitate all state-owned dams would be over $400 million, or $16 million per year to meet the 50-year maintenance schedule.
The study committee recommended two new revenue sources to fund dam maintenance or removal costs:
- A $1.58 per linear foot fee on taxable, eligible shoreline (shoreline on lakes maintained by state-owned dams).
- A $5 increase in the existing boat registration fees. These funds would be used to pay for the staff expected to administer the fee.
In total, the two proposals would raise just over $8 million a year, about half of what the Department estimates it would need to maintain a 50-year rehabilitation schedule.
This is only a recommendation, but legislation is expected to come forward in 2025.
Effort to block China from purchasing land in NH
House Bill 1358 created a committee to study the acquisition of land by China in New Hampshire. The committee met several times this fall to discuss the risk of Chinese entities purchasing land near New Hampshire military installations or critical infrastructure for the purpose of espionage.
While the committee has not released its final reports, there are committee members who have indicated that they plan to introduce a bill in 2025 to require additional disclosures and/or company registrations with the state if abutting land is being acquired by a commercial buyer.
There are no specifics yet, but it could be tied into the real estate closing process. NHAR will closely monitor any legislation next session.
Water study requirement is all wet … for now
House Bill 1483 would have required a developer to pay for a water supply study in order to ensure a development could “support existing, proposed and reasonably anticipated future land and associated water uses and to ensure the protection of water dependent natural resources.”
Earlier this year, NHAR testified in opposition to such a mandate, and the House Resources and Recreation Committee agreed with our concerns and put the bill into interim study. NHAR had questioned whether these mandated water supply studies, which were not defined, served as a legitimate public health concern or were going to be used simply as a very expensive hurdle to housing development.
In fact, the NH Department of Environmental Services indicated that not all hydrology studies are suitable for all developments, and it is rare in New Hampshire to find lack of water availability to a development.
The Resources and Recreation Committee deadlocked on recommending future legislation, but several members indicated that a bill has already been drafted and will be introduced in the 2025 session.
Quotes of the Week
“When you hear discussion about changing zoning and other things (at the State House), I don’t think those comments are necessarily reflected at us. I think they’re reflected at other communities … not doing their fair share.”
–Matt Walsh, City of Concord, Deputy City Manager for Housing, discussing other Merrimack County towns which have made no effort to allow for affordable housing, while Concord has added over 1,000 units. (“Concord Working on 2,300 housing units,” Concord Monitor, Oct. 25, 2024)
“It is so tenuous right now in the marketplace trying to build just market rate housing. We have approved market rate housing in this city, that’s not being built, and that’s a sign of how tenuous it is. We’re kind of kidding ourselves if we think we’re going to provide a carrot for (developers) to build more and make it affordable.”
–Portsmouth Planning Board members Anthony Coviello, discussing the challenges of towns trying to force or persuade developers to build below-market housing. (“Portsmouth takes ‘giant step’ to create more housing with new zoning district,” Portsmouth Herald, Oct. 25, 2024)
For more information, contact New Hampshire Realtors CEO Bob Quinn: bob@nhar.com.