hb 0712

CHAPTER 229

HB 712-FN - FINAL VERSION

AN ACT relative to the coordination of state, regional, and local planning efforts.

SPONSORS: Rep. Melcher, Hills 11; Rep. M. Fuller Clark, Rock 36; Rep. Wall, Straf 9

This bill coordinates state and local land use planning efforts through increased consistency in the structure of master plans developed at the state, regional and local level.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the coordination of state, regional, and local planning efforts.

Be it Enacted by the Senate and House of Representatives in General Court convened:

I. The general court finds that promoting smart growth is critical to the future well-being of the state. Since growth is often incremental and has local, regional, and statewide impacts, the office of state planning and the regional planning commissions must take the lead by developing goals for their work consistent with the principles of smart growth, gathering specific data and offering guidance for the communities to use when they are developing or amending their master plans.

II. The purpose of this act is to establish a more coordinated process to create statewide and regional land use plans that promote smart growth, based upon local plans and citizen participation, and requiring the state to provide smart growth direction to regional planning goals.

229:2 New Subparagraph; Office of State Planning; State Development Plan; Duty Added. Amend RSA 4-C:2, I by inserting after subparagraph (c) the following new subparagraph:

(d) 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.

229:3 State Development Plan; Consultation with Local and Regional Planning Commissions Required. Amend RSA 4-C:2, II to read as follows:

II. In preparing the state development plan, the office of state planning shall consult with the chief executive officers of the various departments and agencies of state government [~~with responsibilities which are relevant to economic development~~]. The office [~~may~~] shall also consult with officials of regional planning commissions and regional and local planning and development agencies [~~and representatives of business and industry~~], local officials, representatives of the business and environmental community, and the general public.

229:4 State Development Plan; Comprehensive Development Plan Components. Amend RSA 9-A:1 to read as follows:

I. There shall be a comprehensive state development plan which establishes state policy on development related issues and proposes new or expanded programs to implement such policies. The plan shall provide a basis for identifying critical issues facing the state, determining state priorities, allocating limited state resources, and taking into account the plans of various state, regional, and local governmental units.

II. The comprehensive development plan shall establish policies in areas related to the orderly physical, social, and economic growth and development of the state.

~~(b)~~] State policies to provide for the orderly [~~economic~~] growth and development of the state[;] and to maximize smart growth.

[~~(c) A statement of specific goals and objectives for state economic development programs; and.~~

~~(d) Policies to protect and preserve farmland and open space land and to maximize smart growth.]~~

(b) Goals and policies which are relevant to the topical areas included in the plan, including but not limited to:

(1) An overall vision section that serves as the direction for the other sections of the plan. This section shall contain a set of statements which articulates the desires of the public relative to the future. It shall contain a set of guiding principles and priorities to implement that vision, with special emphasis on maximizing the smart growth principles in RSA 9-B.

(2) A land use section which examines the state's role in land development and in funding projects and programs which affect land uses.

(3) A transportation section which considers all pertinent modes of transportation and provides a framework of policies and actions which will provide for a safe and adequate transportation system to serve the needs of the state.

(4) A public facilities section which examines the projected needs of state institutions and coordinates with other governmental units, whether federal, county, local, special districts, or school districts, as to their needs as well.

(5) A housing section which sets forth approaches to meeting the need for affordable housing.

(6) An economic development section which proposes actions and policies to suit the state's economic goals and needs, based on the current and projected economic strengths and weaknesses.

(7) A natural resources section which identifies trends in land protection, open space, farm land preservation and protection, and proposes policies and actions necessary at the state level to protect those resources which are perceived to be of statewide significance.

(8) A natural hazards section which identifies actions to improve the ability of the state to minimize damages from future disasters that affect land and property subject to such disasters.

(9) A recreation section which assesses current and future recreation needs within the foreseeable future and identifies policies and a plan of action to support them at the state level.

(10) A utility and public service section which details state level policies and actions necessary to assure adequate service to the citizens of the state.

(11) A regional concerns section which describes specific areas of the state with potentially unique concerns and identifies policies and actions which may reasonably be undertaken to assist in addressing those issues.

(12) A section which identifies state policies and actions necessary to protect cultural and historic resources of statewide significance and assist in their rehabilitation or preservation, and generally assure their availability for future generations of state citizens.

(13) An implementation section, which is a long range action program for assessing the effectiveness of each section of the plan.

IV. The comprehensive development plan shall serve as the basis for policy and program development by the various departments of state government. State agencies shall develop [~~program~~] and regional planning commissions and local planning boards are encouraged to develop plans which are consistent with the policies and priorities established in the comprehensive development plan.

V. The comprehensive development plan shall be renewed or revised every 4 years, beginning on October 1, 2003.

229:5 New Paragraph; State Development Plan; Office of State Planning; Duty Added. Amend RSA 9-A:2 by inserting after paragraph III the following new paragraph:

IV. Coordinate and monitor the planning efforts of the regional planning commissions.

229:6 State Economic Growth, Resource Protection, and Planning Policy; Report to the General Court and the Governor. Amend the introductory paragraph of RSA 9-B:6 to read as follows:

By October 1 of [~~each year, beginning in the year 2000,~~] 2001, and every 4 years thereafter, the council on resources and development, established in RSA 162-C, shall report to the general court and the governor on the following:

229:7 New Paragraph; State Economic Growth, Resource Protection, and Planning Policy; Content of Annual Report. Amend RSA 9-B:6 by inserting after paragraph IV the following new paragraph:

V. An assessment of how state agencies are complying with the goals and objectives established in the statewide development plan, under RSA 9-A, and an identification of any suggested changes.

229:8 New Paragraphs; General Powers and Duties of the Regional Planning Commission. Amend RSA 36:47 by inserting after paragraph II the following new paragraphs:

III. In preparing a comprehensive plan for the development of the region within its jurisdiction, each regional planning commission may use the framework for the state's comprehensive development plan in RSA 9-A:1, III as the basis for its plan. Such plan shall be updated every 5 years or sooner if desired by the regional planning commission. Prior to its adoption, the plan shall be distributed to every library, planning board, and board of selectmen/aldermen/city council in each of the communities within the region, and to the office of state planning. The regional planning commission shall address in writing all comments received prior to the publication of a final draft. A public hearing shall be held by the regional planning commission with 30 days' notice published in all newspapers of general circulation in the region, and shall state where the document can be viewed, the time and place of the public hearing, and shall allow for written comments. For each regional plan, the office of state planning shall offer comments as to its consistency with the state plan. The first regional development plans affected by this statute shall be adopted within 5 years of the effective date of this paragraph and renewed at least every 5 years thereafter.

IV. Regional planning commissions shall make a good faith effort to inform and respond to their local communities regarding the purposes and progress of their work in developing the regional development plan.

229:9 Local Land Use Boards; Master Plan Preparation. Amend RSA 674:3, III to read as follows:

III. During the preparation of the various sections of the master plan, the board shall inform the general public and the office of state planning and regional planning commissions and solicit public comments regarding the future growth of the municipality in order to involve citizens in the preparation of the master plan in a way which is most appropriate for the municipality.