SB 222 - AS INTRODUCED
2023 SESSION
23-0904
02/08
SENATE BILL 222
SPONSORS: Sen. Bradley, Dist 3; Sen. Gray, Dist 6; Sen. Perkins Kwoka, Dist 21; Sen. Gendreau, Dist 1; Sen. Lang, Dist 2; Rep. J. MacDonald, Carr. 6; Rep. Leishman, Hills. 33
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This bill eliminates broadband municipal bonding restrictions to unserved areas only.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0904
02/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Municipal Finance Act; Purpose of Issue of Bonds or Notes. Amend RSA 33:3 to read as follows:
33:3 Purpose of Issue of Bonds or Notes. A municipality or county may issue its bonds or notes for the acquisition of land, for economic development, for planning relative to public facilities, for the construction, reconstruction, alteration, and enlargement or purchase of public buildings, for other public works or improvements, or for the financing of improvements, of a permanent nature including broadband infrastructure as defined in RSA 38:38, I(e), to serve any location within a municipality [unserved by broadband as defined in RSA 38:38, I(c)] for the purchase of departmental equipment of a lasting character, and for the payment of judgments. The issuance of such bonds or notes shall include, but not be limited to, public-private partnerships involving capital improvements, loans, financing, and guarantees. The public benefit in any public-private partnership must outweigh any benefit accruing to a private party. Bonds or notes for the purposes of economic development may be issued only after the governing body of the municipality or county has held hearings and presented the public benefit findings to the public and after such issuance has been approved by the legislative body. A municipality or county shall not issue bonds or notes to provide for the payment of expenses for current maintenance and operation except as otherwise specifically provided by law.
2 Issue of Bonds for Preliminary Expenses. Amend RSA 33:3-c, I(e) to read as follows:
(e) Broadband infrastructure as defined in RSA 38:38, I(e) constructed to serve any locations within a municipality [unserved by broadband as defined in RSA 38:38, I(c)].
3 Broadband Infrastructure Bonds. Amend RSA 33:3-g, I to read as follows:
I. A municipality or communications district formed under RSA 53-G may issue bonds for the purpose of financing the development, construction, reconstruction, renovation, improvement, and acquisition of broadband infrastructure in any locations within a municipality [unserved by broadband as defined in RSA 38:38, I(c)]. Without limiting the foregoing, broadband infrastructure may be the subject of public-private partnerships established in accordance with the provisions of RSA 33:3.
4 Broadband Infrastructure Bonds. Amend RSA 33:3-g, III to read as follows:
III. A municipality, county, or communications district shall not issue bonds for the purpose of financing the development, construction, reconstruction, renovation, improvement, and acquisition of broadband infrastructure in any location within a municipality, county, or communications district [unserved by broadband as defined in RSA 38:38, I(c)] unless a request for information has been issued, at a minimum, to all providers serving the issuing community in accordance with RSA 33:3-g, IV and such providers have been given 30 days to respond to the request. The request for information shall include, but is not limited to, information identifying addresses within a municipality, county, or communications district, served by broadband as defined in RSA 38:38, I(c). A response shall meet the requirements of this paragraph if it includes, in either map or spreadsheet form, street level information identifying the first and last serviceable address. After completing, issuing, and receiving responses to such request for information, a municipality, county, or communications district may issue a request for proposals for the purpose of engaging in a public-private partnership pursuant to RSA 33:3 or RSA 33-B for the deployment of broadband infrastructure, as defined in RSA 38:38, I(e), and the provision of broadband service as defined in RSA 38:38, I(f). A municipality, county, or communications district may select a proposal based on criteria including, but not limited to, provider ability to deploy, manage, and maintain a broadband network. Requests for proposals shall include, in either map or spreadsheet form, street level information identifying the first and last serviceable address. A municipality, county, or communications district may determine that no provider has met the criteria included in the request for proposals and may issue bonds for purposes pursuant to RSA 33:3 and RSA 33-B, including but not limited to, open networks. If a broadband provider does not respond to a request for information pursuant to this paragraph, the locations served by that broadband provider shall be considered unserved, unless those locations are served by a broadband provider who responded to that municipality's request for information.
5 Municipal Revenue Bonds; Definitions. Amend RSA 33-B:1, VI to read as follows:
VI. "Revenue-producing facilities" means water works, broadband infrastructure as defined in RSA 38:38, I(e), purchased or constructed to serve any location within a municipality [unserved by broadband as defined in RSA 38:38, I(c)], sewerage systems, sewage treatment or disposal facilities, solid waste disposal or resource recovery facilities, parking facilities, facilities for the production, generation, transmission, or distribution of electricity or gas, any other real or personal property or interests in a municipality or regional water district owned or controlled by the municipality or regional water district, from the operation of which revenues are or are expected to be derived by the municipality, or regional water district, and qualifying energy conservation and clean energy improvements for which a municipality provides financing pursuant to RSA 53-F.
6 Effective Date. This act shall take effect 60 days after its passage.