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Form a Business

DEPARTMENT OF BUSINESS AND ECONOMIC AFFAIRS

RSA tit. I, ch. 12-O
in effect

RSA 12-O:1 Definitions.

12-O:1. Definitions. In this chapter: I. "Commissioner" means the commissioner of the department of business and economic affairs. II. "Department" means the department of business and economic affairs. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:2 Establishment; Purpose.

12-O:2. Establishment; Purpose. I. There shall be a department of business and economic affairs under the executive direction of a commissioner of business and economic affairs, consisting of but not limited to a division of economic development, a division of planning and community development, and a division of travel and tourism. The department's purpose shall be to ensure the efficient coordinated function of the department, economic development policies of the state of New Hampshire and the collaborative participation of all related state departments, agencies, and authorities. II. The purpose of this chapter is to improve the administration of state government by providing unified direction of policies, programs, and personnel in the field of economic development, planning and community development, and travel and tourism development making possible increased efficiency and economies from integrated administration and operation of these related functions of the state government. Source. 2017, 156:40, eff. July 1, 2017. 2018, 200:4, eff. July 1, 2018. 2021, 91:68, eff. July 1, 2021. 2023, 79:243, eff. July 1, 2023. 2026, 190:2, eff. Aug. 18, 2026.

RSA 12-O:3 General Provisions.

12-O:3. General Provisions. I. Upon the recommendation of the commissioner after consultation with division directors concerned and the council of partner agencies established in RSA 12-O:7, the governor and council are authorized to approve revisions in internal administrative departmental organization as the governor and council find from time to time may improve or make more economical the administration of the department. II. With the approval of the governor and council and of the director of personnel, the commissioner of business and economic affairs is authorized to transfer classified personnel, appropriations or portions thereof relating thereto as well as necessary equipment, within any division or between divisions of the department. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:4 Powers and Duties of Department.

12-O:4. Powers and Duties of Department. In addition to any other powers and duties set forth in this chapter or as otherwise provided by statute, the department of business and economic affairs shall have the power and duty to plan and conduct a program of information and publicity to attract tourists, visitors, industrial concerns, and other interested persons from outside the state to the state of New Hampshire, and to encourage, coordinate, and participate in the efforts of other public and private organizations or groups of citizens in order to publicize the facilities, industrial advantages, and other attractions of the state for the same purposes. The commissioner shall assign such duties and functions as in her or his discretion will best effectuate the purposes, powers, and duties set forth in this section and as otherwise provided by statute. The department is authorized to set its logo and to establish and maintain any websites. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:5 Commissioner of Business and Economic Affairs.

12-O:5. Commissioner of Business and Economic Affairs. There shall be a commissioner of business and economic affairs who shall be appointed by the governor and council for a term of 4 years from the date of appointment. It shall be the responsibility of the commissioner to organize and direct the work of the department. The commissioner shall appoint one member of his or her staff who shall act in the commissioner's stead when said commissioner is absent from the state and at such other times as directed by the commissioner. When acting for the commissioner said person shall have all the power, duties, and authority of the commissioner. Directors of departmental divisions shall be subject to the supervisory authority of the commissioner, which authority shall include power to establish department and divisional policy as well as to control the actual operations of the department and all divisions therein. The commissioner is authorized to establish any advisory commissions and programs which the commissioner may deem necessary to carry out the mission and operations of the department. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:5-a Director of Intergovernmental Affairs.

12-O:5-a. Director of Intergovernmental Affairs. I. There is established in the office of the commissioner the unclassified position of director of intergovernmental affairs. The director shall be qualified to hold that position by reason of education and experience and shall perform such duties as the commissioner from time to time may authorize. II. The commissioner shall nominate for appointment by the governor, with the consent of the council, this unclassified director of intergovernmental affairs who shall serve for a term of 4 years. III. The salary of the director of intergovernmental affairs shall be determined after assessment and review of the appropriate temporary letter grade allocation in RSA 94:1-a, I(b) for the position which shall be conducted pursuant to RSA 94:1-d and RSA 14:14-c. IV. Upon completion of the appointment of the first director of intergovernmental affairs, position number 40049 shall be abolished to allow for the transition of this classified position with its available appropriations into the unclassified position of director of intergovernmental affairs. Funding shall be transferred into a new expenditure class number 11 within accounting unit 03-22-22-220010-2007. Source. 2021, 91:66, eff. July 1, 2021.

RSA 12-O:6 Reports and Publications.

12-O:6. Reports and Publications. The commissioner of business and economic affairs is authorized to prepare, publish, and distribute reports, charts, surveys, or other documents consistent with the responsibilities of the department. The commissioner may charge reasonable fees for such documents. Fees for documents distributed by the department shall be adopted as rules under RSA 541-A. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:7 Council of Partner Agencies Established.

12-O:7. Council of Partner Agencies Established. I. There shall be a council of partner agencies to assist and advise the commissioner of business and economic affairs which shall consist of the following members: (a) The executive director of the business finance authority. (b) The chancellor of the community college system. (c) The executive director of the community development finance authority. (d) The executive director of the New Hampshire housing finance authority. (e) The chancellor of the university system of New Hampshire. II. The council shall develop bylaws to guide its operations. III. The commissioner of the department of business and economic affairs shall chair the council. Source. 2017, 156:40, eff. July 1, 2017. 2020, 38:23, eff. Sept. 27, 2020.

RSA 12-O:8 Council of Partner Agencies; Duties.

12-O:8. Council of Partner Agencies; Duties. The council established in RSA 12-O:7 shall consult with and advise the commissioner of business and economic affairs with respect to the policy, programs, and operations of the department upon a continuing basis and for said purposes shall meet with the commissioner not less frequently than quarterly. Each agency represented on the council shall make reasonable efforts to coordinate its economic development activities with those of the department, provided that nothing in this section shall be construed to deprive represented agencies of their authority to operate autonomously. The council shall submit to the governor and council biennially a written report of the activities of the department covering the previous 2 calendar years, which report shall be a public document. A nonpublic session of the council may be called at any time for any of the reasons specified in RSA 91-A:3, II upon majority vote and shall consist solely of the members thereof. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:9 Directors of Divisions.

12-O:9. Directors of Divisions. The commissioner shall nominate for appointment by the governor and council a director of economic development and a director of travel and tourism development, each of whom shall serve, subject to the provisions of RSA 4:1, for a term of 4 years from the date of appointment and until a successor is appointed and qualified. The directors of the divisions of economic development and travel and tourism development who are in office on the effective date of the transfer of those divisions to the department of business and economic affairs shall serve for the remainder their terms, at which time they may be reappointed in accordance with the provisions of this chapter. Any vacancy in such office shall be filled for the unexpired term in the same manner as the original appointment. Directors of divisions shall be responsible for the administration and operation of their respective divisions subject to the supervisory authority of the commissioner as set forth in RSA 12-O:5. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:10 Salaries.

12-O:10. Salaries. The annual salaries of the commissioner of business and economic affairs, and of the directors of the divisions, shall be as provided in RSA 94. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:11 Division of Travel and Tourism Development; Transfer of Functions, Powers, and Duties.

12-O:11. Division of Travel and Tourism Development; Transfer of Functions, Powers, and Duties. All of the functions, powers, duties, personnel, records, and property of the division of travel and tourism development of the former department of resources and economic development are hereby transferred to the division of travel and tourism development of the department of business and economic affairs. Whenever reference is made to the division of travel and tourism development in the statutes, it shall henceforth be construed to mean the division of travel and tourism development of the department of business and economic affairs. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:11-b Division of Travel and Tourism Budget; Meals and Rooms Tax Revenue.

12-O:11-b. Division of Travel and Tourism Budget; Meals and Rooms Tax Revenue. The budget of the division of travel and tourism, including the travel and tourism development fund established by RSA 12-O:16, shall be funded at an amount no less than 3.15 percent of the net income identified by RSA 78-A:26, I for the most recently completed fiscal year. Source. 2019, 346:81, eff. July 1, 2019.

RSA 12-O:12 Division of Economic Development; Transfer of Functions, Powers, and Duties.

12-O:12. Division of Economic Development; Transfer of Functions, Powers, and Duties. All of the functions, powers, duties, personnel, records, and property of the division of economic development are hereby transferred from the former department of resources and economic development to the division of economic development of the department of business and economic affairs. Whenever reference is made to the division of economic development in the statutes, it shall henceforth be construed to mean the division of economic development of the department of business and economic affairs. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:13 Travel and Tourism Revolving Fund; Transfer; Functions.

12-O:13. Travel and Tourism Revolving Fund; Transfer; Functions. I. The travel and tourism revolving fund in the former department of resources and economic development is hereby transferred to the department of business and economic affairs. The fund is hereby established as a nonlapsing revolving fund. The revolving fund shall be used for, but not be limited to, cooperative efforts with the private sector, for the purpose of bulk brochure distribution, familiarization tours, promotional programs, trade shows, and other projects generally recognized as beneficial to promoting the state of New Hampshire. II. All income received from participation in cooperative promotional programs, familiarization tours, trade shows, brochure distribution projects, and other promotional opportunities which become available, shall be deposited into the fund. III. The commissioner of the department of business and economic affairs shall submit a report detailing the activities of the revolving fund annually to the governor and council and the fiscal committee of the general court within 60 days of the close of each fiscal year. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:14 New Hampshire Tourism Policy.

12-O:14. New Hampshire Tourism Policy. It is the intent of the general court that all agencies and departments of state government and, specifically, the director of travel and tourism development, under the supervision of the commissioner of business and economic affairs, shall implement their statutory responsibilities in a manner consistent with promoting and encouraging the orderly growth and development of tourism within the state. This policy shall include efforts to: I. Foster awareness and appreciation of New Hampshire's natural, historical, cultural, and scenic resources among its residents. II. Instill a better understanding among New Hampshire residents and also state employees of the importance of tourism to the state economy. III. Establish and maintain a database on matters concerning state tourism research. IV. Encourage fairs, conventions, trade shows, and other expositions of hospitality and friendliness toward visitors. V. Protect and preserve wildlife, natural resources, and geological, archaeological, and cultural treasures within the state for the enjoyment of residents and nonresidents. VI. Support tourism by developing an essential tourism infrastructure, including, but not limited to, adequate highways and public transportation networks and facilities for the traveling public. VII. Encourage, assist, and coordinate, when possible, the tourism activities of local and regional promotional organizations. VIII. Encourage law enforcement personnel to assist, whenever possible, the traveling public by providing them with a hospitable reception and appropriate information. IX. Ensure, when feasible, equal access by visitors and residents to public recreational resources. X. Ensure that the interest of tourism is fully considered by state agencies and the general court in its deliberations. XI. Harmonize, to the maximum extent, all state activities in support of tourism with the needs of the general public, the state and its political subdivisions, and the tourism industry. Any conflicts among the agencies and departments of the state in the implementation of their responsibilities under this section shall be referred to the council on resources and development established by RSA 162-C. XII. Utilize tourism activities and resources as resident recruitment tools for the state. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:15 Director of Travel and Tourism Development; Duties.

12-O:15. Director of Travel and Tourism Development; Duties. The director of travel and tourism development, under the supervision of the commissioner of business and economic affairs and consistent with the New Hampshire tourism policy under RSA 12-O:14, shall: I. Promote New Hampshire as a domestic and international travel destination in order to increase visitation and travel expenditures, business activity, and employment throughout the state. II. Develop and administer programs to encourage and promote the development of the tourism industry in the state. III. Provide information and assistance to local and regional officials on matters related to travel and tourism and encourage the development of locally coordinated programs. IV. Encourage partnerships among the tourism industry, business and industry, and state and local officials to expand the state's travel promotion strategy. V. Raise the perception of travel and tourism in the minds of New Hampshire residents, businesses, and government. VI. Conduct research to measure the effectiveness of promotional programs. VII. Ensure that New Hampshire maintains a high quality tourism experience for the visitor by working with the travel industry on ways to utilize natural, historical, cultural, and recreational attractions and facilitating statewide activities which can be used as resources by the travel industry. VIII. Provide marketing and promotion of film and digital media for the purpose of strengthening the cultural, educational, and economic impact of media production in New Hampshire. IX. Perform any other duties and functions as assigned by the commissioner. Source. 2017, 156:40, eff. July 1, 2017. 2018, 200:6, eff. July 1, 2018.

RSA 12-O:16 Travel and Tourism Development Fund.

12-O:16. Travel and Tourism Development Fund. I. There is hereby established in the office of the state treasurer a fund to be known as the travel and tourism development fund. Any appropriations received shall be deposited in the fund. Moneys in the fund and any interest earned on the fund shall be used for the purpose of promoting and developing appropriate travel and tourism initiatives through the division of travel and tourism development and shall not be used for any other purpose. The director of travel and tourism development shall oversee expenditures from the fund. The moneys in the fund shall be nonlapsing. II. The commissioner shall prepare an annual report to be presented no later than December 1 of each year to the governor and council, the fiscal committee of the general court, the president of the senate, and the speaker of the house of representatives. The report shall detail the specific activities supported by, and expenditures from, the fund during the past year and shall additionally detail the activities of the travel and tourism revolving fund established in RSA 12-O:13. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:17 Joint Promotional Program.

12-O:17. Joint Promotional Program. A joint promotional advertising program is hereby established to carry out the duties of the department of business and economic affairs as set forth in RSA 12-O:4 to publicize the advantages of the state of New Hampshire for tourism and to encourage continuous partnership with private industry in this promotion in order to maintain a viable and strong economic base in the state. I. The department shall administer a joint promotional advertising program. The funds appropriated for this program shall be expended for grants for advertising programs entered into with independent groups or organizations which are designed to promote travel and tourism in the state of New Hampshire. II. Funds appropriated to the joint promotional program shall only be made available to regional associations, statewide tourist groups, chambers of commerce, or other promotional organizations with the approval of the commissioner. Such grants shall only be given to those organizations which have been in existence for at least 3 years prior to the date of the grant application. III. Grant awards shall require 50 percent matching funds from private sources. Grants shall not be used for the administrative salaries or overhead expenses of any applicant selected for a grant. IV. Grant applications shall be reviewed by appropriate staff which shall recommend approval or disapproval of applications to the commissioner of business and economic affairs. A recommendation for disapproval by the commissioner shall be in writing with the reasons for disapproval stated. V. Funds appropriated for the joint promotional program for the first fiscal year of any biennium shall not lapse and shall be available for expenditure during the second fiscal year of the biennium. All funds which have not been expended by the end of the second fiscal year of a biennium shall lapse to the general fund. VI. The commissioner shall adopt rules under RSA 541-A after public hearing governing the joint promotional program. These rules shall include: (a) A description of the joint promotional program, stating the general course and method of its operations and the methods by which the public may obtain information or make submissions or requests; (b) The procedures and criteria used to certify groups or organizations eligible for matching grants; (c) The application process, including the information required of applicants; (d) The procedures and criteria used to evaluate grant applications; and (e) Procedures for the administration of grants by recipients including reporting requirements. VII. Three percent of the funds appropriated to the joint promotional program shall be allocated for a grant or grants to organizations that do not qualify under paragraph II. Such grants shall require 10 percent matching funds from private sources, provided that the organization: (a) Has a demonstrated program of cooperation for promotion; (b) Has a demonstrated need for promotion; (c) Has demonstrated a case of regional depression or financial hardship; (d) Agrees that this unmatched grant shall not be awarded for more than 2 successive years; and (e) Further agrees that the affected area shall not be eligible for any unmatched grant for a period of 5 years after the second year following the award of the first of any unmatched grant. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:18 Rest Areas and Welcome Centers.

12-O:18. Rest Areas and Welcome Centers. I. The department of business and economic affairs shall be responsible for the staffing of all operational rest areas and welcome centers owned by the department of transportation. There is established in the department a bureau of visitor service within the office of the commissioner to administer this function. The commissioner may consult with local business representatives relative to said function, and shall have the authority to enter into contracts with private or public entities for said function as the commissioner deems appropriate. II. Notwithstanding paragraph I, the department of transportation and the liquor commission may undertake and/or participate in the development of the welcome centers in Hooksett on the northbound and southbound lanes of Interstate Route 93 as authorized by the legislature. III. Subject to a memorandum of understanding with the department of transportation, the bureau of visitor service shall provide rest area management and operational services without limitation, to include staffing, training, fiscal management, grounds and building maintenance, and customer service to the traveling public. IV. The bureau of visitor service shall seek to advance initiatives and strategies to reduce state operational responsibility and cost, to provide an improved user experience for visitors, and to focus state resources on customer service for those visitors. Source. 2017, 156:40, eff. July 1, 2017. 2019, 346:140, 141, eff. July 1, 2019.

RSA 12-O:20 Director of Economic Development; Duties.

12-O:20. Director of Economic Development; Duties. The director of economic development, under the supervision of the commissioner of business and economic affairs shall: I. Establish and maintain a database on matters related to the economy of the state and its economic development. II. Plan, develop, and administer programs to assist in the maintenance and expansion of existing industry and business in the state. III. Plan, develop, and administer programs to encourage and promote the development of new industry and business in the state. IV. Provide information and assistance to local and regional officials on matters related to economic development and encourage the establishment of local development plans and programs. V. Research and analyze information on matters related to the economic development of the state to support and evaluate the effectiveness of promotional and assistance programs. VI. Prepare a written economic development strategy and operating plan as required by RSA 12-O:24 through 12-O:28. VII. Plan, develop, and administer programs to assist in the implementation of the Workforce Investment Act of 1998, 29 U.S.C. section 2801 et seq., as such may be amended, reauthorized, and in effect from time to time, implement the state plan established by the governor and the State Workforce Innovation Board, and perform the following additional functions: (a) Through the youth council, select youth providers of training services in the local areas. (b) Identify eligible providers of training services in the local area. (c) Identify eligible providers of intensive services, if not otherwise provided by the One-Stop operator. (d) Develop a budget for carrying out the duties of the State Workforce Innovation Board, subject to the approval of the commissioner. (e) Oversee local programs of youth activities, local employment, and training service. (f) Establish, in conjunction with the commissioner, local performance measures. (g) Assist the commissioner in developing statewide employment statistics systems described in the Wagner-Peyser Act. (h) Coordinate workforce investment activities authorized and implemented within the state with economic development strategies, and develop the employer linkages with such activities. (i) Make available to the public, on a regular basis through open meetings, information regarding State Workforce Innovation Board activities including information regarding the state plan prior to its submission, and information regarding membership, the designation and certification of One-Stop operators and the award of grants or contracts to eligible providers of youth activities and, as requested, minutes of formal meetings of the State Workforce Innovation Board. (j) Review the operation of programs and the availability, responsiveness, and adequacy of state services, and make recommendations to the governor, appropriate chief elected officials, service providers, the legislature, and general public with respect to steps to improve the effectiveness of these services and programs. (k) Review plans of all state agencies providing employment training, and related services, and provide comments and recommendations to the governor, the legislature, the state agencies, and appropriate federal agencies on the relevancy and effectiveness of employment and training and related services delivery system in the state. VIII. Perform any other duties and functions as assigned by the commissioner. Source. 2017, 156:40, eff. July 1, 2017. 2020, 37:31, eff. July 29, 2020.

RSA 12-O:21 New Hampshire Economic Development Fund.

12-O:21. New Hampshire Economic Development Fund. I. There is hereby established the New Hampshire economic development fund which shall be administered by the commissioner of the department of business and economic affairs. Said fund shall be for the purpose of providing funds for grants, loans and other economic development initiatives which shall be generally considered to be beneficial to the state's overall economy as provided for in paragraph II. II. Said fund shall be distributed or expended by the commissioner with prior approval of the fiscal committee of general court and the governor and council for any of the following purposes: (a) Business financing and expansion initiatives. (b) Workforce recruitment retention and creation. (c) International trade. (d) Research and development activities. (e) Other projects or programs recognized as being beneficial to business activity in New Hampshire. III. To maximize the economic impact of expenditures from this fund, and to leverage additional funding from other sources, the commissioner may contract with such organizations as, but not limited to, the following: (a) Chambers of commerce. (b) Regional economic development or planning organizations. (c) Innovation Research Center. (d) Small Business Development Center. IV. All moneys appropriated to the fund as well as moneys returned to the department as a result of contracts between the commissioner and any other party as authorized shall be redeposited into the New Hampshire economic development fund. In addition, the department may accept gifts, grants, donations or other moneys for the purposes of this section. Said moneys shall be deposited into the New Hampshire economic development fund. Source. 2017, 156:40, eff. July 1, 2017. 2021, 91:65, eff. July 1, 2021.

RSA 12-O:22 New Hampshire Canadian Trade Council.

12-O:22. New Hampshire Canadian Trade Council. I. The commissioner of business and economic affairs and the secretary of state shall have the authority to establish a New Hampshire trade council to meet with one or more trade councils established by the Canadian provinces, either separately or collectively. The members of the council shall include 2 senators appointed by the president of the senate, 2 house members appointed by the speaker of the house of representatives, the commissioner or designee, the secretary of state or designee, and such other members as the commissioner and secretary of state may appoint. II. The New Hampshire Canadian trade council shall be authorized to raise and accept funds through direct solicitation or other fundraising events, alone or with other groups, and accept gifts, grants, and bequests from individuals, corporations, foundations, government agencies, and public and private organizations and institutions. III. There is established in the state treasury the New Hampshire Canadian trade council fund. The fund shall be comprised of moneys obtained according to paragraph II. The fund shall be non-lapsing and shall be continually appropriated to the secretary of state's office to defray the council's administrative costs and to carry out its purposes. Source. 2017, 156:40, eff. July 1, 2017. 2024, 202:11, eff. Sept. 10, 2024.

RSA 12-O:22-a New Hampshire-Ireland Trade Council.

12-O:22-a. New Hampshire-Ireland Trade Council. I. The general court finds as follows: (a) Ireland's ties to New Hampshire date back to 1719 when a group of Scots-Irish families built the settlement of Nutfield; (b) Irish Americans were an important part of New Hampshire early history, such as Gen. John Sullivan, who helped win the American Revolution, served in the Continental Congress, and was New Hampshire's third Governor; (c) New Hampshire is the most Irish state in the nation, with more than 20 percent of Granite Staters boasting of Irish ancestry; (d) Ireland is one of New Hampshire's largest trade partners, exporting more than $400 million in Granite State goods to Ireland annually; and (e) New Hampshire should build upon its historic, cultural, and economic ties with the Republic of Ireland. II. The commissioner of the department of business and economic affairs and the secretary of state shall have the authority to establish a New Hampshire-Ireland trade council to meet with one or more trade councils established by the Republic of Ireland. The purpose of the council shall be to advance bilateral trade and investment between New Hampshire and Ireland, initiate joint action on policy issues of mutual interest to New Hampshire and Ireland, and promote business and academic exchanges between New Hampshire and Ireland. III. The members of the council shall include: (a) Two senators, appointed by the president of the senate. (b) Two house members, appointed by the speaker of the house of representatives. (c) The commissioner of the department of business and economic development, or their designee. (d) The secretary of state, or their designee. (e) A representative from the Business and Industry Association, selected by that organization. (f) A representative of the division of economic development, appointed by the commissioner of the department of business and economic affairs. (g) A representative of the university system of New Hampshire, appointed by the chancellor. (h) Two public members, appointed by the governor. (i) Such other members as the commissioner and secretary of state may appoint. IV. The council shall elect a chairperson, whose duties shall include calling meetings. V. The New Hampshire-Ireland trade council shall be authorized to raise and accept funds, through direct solicitation or other fundraising events, alone, or with other groups, and accept gifts, grants, and bequests from individuals, corporations, foundations, government agencies, and public and private organizations and institutions. VI. There is hereby established in the state treasury the New Hampshire-Ireland trade council fund. The funds shall be comprised of monies obtained according to paragraph V, and shall be used to defray the council's administrative costs and to carry out its purposes. The fund shall be non-lapsing and shall be continually appropriated to the council. Source. 2024, 6:1, eff. May 11, 2024.

RSA 12-O:23 Northern County Area Industrial Agent.

12-O:23. Northern County Area Industrial Agent. A special position shall be provided, in the division of economic development of the department of business and economic affairs, to be known as area industrial agent for the counties of Coos, Grafton, and Carroll. The commissioner shall, subject to the personnel laws of the state, employ such area industrial agent for said counties, who shall be fully qualified by specific training and experience and who shall work under the supervision of the director. She or he shall maintain a residence in one of said 3 counties and her or his duties shall be primarily concerned with, but not limited to, assisting the political subdivisions of the state, regional development organizations or groups, and individuals to maintain and expand existing industries and to encourage, assist, and aid new industries to establish operations in said Coos, Grafton and Carroll counties, and the agent's efforts shall be directed to the economic development of said 3 counties. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:23-a Office of Outdoor Recreation Industry Development Established.

12-O:23-a. Office of Outdoor Recreation Industry Development Established. I. There is established in the department the office of outdoor recreation industry development. The office shall be under the supervision of a classified director of the office of outdoor recreation industry development, who shall serve under the supervision of the commissioner. The director shall provide administrative oversight and ensure that the responsibilities of the office described in this section are fulfilled. II. The office of outdoor recreation industry development shall: (a) Coordinate outdoor recreation policy, management, and promotion among state and federal agencies and local government entities. (b) Promote economic development in the state by: (1) Coordinating with outdoor recreation stakeholders. (2) Using outdoor recreational infrastructure and industry to promote tourism and recruit members of the general workforce. (3) Working with stakeholders and academic institutions to develop relevant training and curricula for members of the outdoor industry and manufacturing workforce. (4) Improving motorized and nonmotorized recreational opportunities in cooperation with the department of natural and cultural resources. (5) Recruiting outdoor recreation business and industry. (c) Recommend policies and initiatives to enhance recreational amenities and experiences in the state and help implement those policies and initiatives. (d) Develop outcome-driven data regarding the effect of outdoor recreation in the state. (e) Promote the health and social benefits of outdoor recreation, especially to young people. (f) Advance sustainable land stewardship initiatives recognizing the relationship between outdoor recreation and its economic benefit to the state. III. Provided that any federally funded programs managed by the department of natural and cultural resources, division of parks on the effective date of this section shall continue to be managed by the division of parks, the office of outdoor recreation industry development may: (a) Seek federal grants or loans. (b) Seek private foundation partnerships. (c) Seek to participate in federal programs. (d) In accordance with applicable federal program guidelines, administer federally funded outdoor recreation programs. Source. 2019, 346:271, eff. July 1, 2019.

RSA 12-O:23-b New Hampshire-Greece Trade Council.

12-O:23-b. New Hampshire-Greece Trade Council. I. The general court finds as follows: (a) Greek-Americans were an important part of New Hampshire's early history. (b) Greece, officially known as the Hellenic Republic, is one of New Hampshire's largest trade partners. (c) New Hampshire should build upon its historic, cultural, and economic ties with the Hellenic Republic. (d) New Hampshire has the highest per capita concentration of Greek Americans in the country. II. The commissioner of the department of business and economic affairs and the secretary of state shall have the authority to establish a New Hampshire-Greece trade council to meet with one or more trade councils established in the Hellenic Republic. The purpose of the council shall be to advance bilateral trade and investment between New Hampshire and Greece, initiate joint action on policy issues of mutual interest to New Hampshire and Greece, and promote business and academic exchanges between New Hampshire and Greece. III. The members of the council shall include: (a) Two senators, appointed by the president of the senate. (b) Two house members, appointed by the speaker of the house of representatives. (c) The commissioner of the department of business and economic development, or their designee. (d) The secretary of state, or their designee. (e) A representative from the Business and Industry Association, appointed by that organization. (f) A representative of the division of economic development, appointed by the commissioner of the department of business and economic affairs. (g) A representative of the university system of New Hampshire, appointed by the chancellor. (h) Two public members, appointed by the governor. IV. The council shall elect a chairperson, whose duties shall include calling meetings. V. The New Hampshire-Greece trade council shall be authorized to raise and accept funds, through direct solicitation or other fundraising events, alone, or with other groups, and accept gifts, grants, and bequests from individuals, corporations, foundations, government agencies, and public and private organizations and institutions. VI. There is hereby established in the state treasury the New Hampshire-Greece trade council fund. The funds shall be comprised of monies obtained according to paragraph V, and shall be used to defray the council's administrative costs and to carry out its purposes. The fund shall be non-lapsing and shall be continually appropriated to the council. Source. 2026, 66:1, eff. July 7, 2026.

RSA 12-O:24 Economic Development Strategy and Plan.

12-O:24. Economic Development Strategy and Plan. The division of economic development, with input and assistance from the council of partner agencies established under RSA 12-O:7 and other public and private organizations with whom it chooses to work, shall develop a rolling 10-year economic development strategy and operating plan. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:25 Definitions.

12-O:25. Definitions. In this subdivision: I. "Plan" means an ongoing management operating document that identifies strategies and activities, and the progress thereof, designed to expand the state's economic base and strengthen the economic health of New Hampshire, based on the needs of the state and of business and industry. The plan shall identify specific actions, and the responsibilities, rationales, timeframes, resources required, barriers if any, and the tracking and reporting of outcomes associated with those actions. II. "Strategy" means an overall direction or course that identifies how the division will convey the state's value to the business and industry community, how it will leverage its strengths and assets, and the broad themes it will emphasize that are attractive to retaining and recruiting business and industry. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:26 Goals and Objectives.

12-O:26. Goals and Objectives. The plan shall identify both goals and objectives for the 10-year period and shall track measurable results so as to be able to assess the plan. Goals and objectives may be added, amended, or deleted as both existing and emerging economic conditions and opportunities warrant. The plan shall also benchmark key economic indicators. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:27 Content of the Economic Development Strategy and Plan.

12-O:27. Content of the Economic Development Strategy and Plan. The following, as a minimum, shall be considered in constructing the economic development strategy and plan: I. Consideration of the entire state. II. An analysis, relative to business and industry, of New Hampshire strengths and advantages, and how they will be leveraged; analysis of weaknesses and obstacles, and suggestions on how to remedy or mitigate them; identification of opportunities and how to take advantage and benefit from them; and identification of threats and how to meet and deter them. The analysis, where appropriate, should suggest ownership of its various elements. III. A needs forecast, based on research from both existing and targeted business and industry, that identifies issues and suggested initiatives so as to strengthen New Hampshire as a business and industry destination and to reinforce retention. IV. Identification of economic, demographic, and other trends which may have both short-term and long-term influence on the economy of the state. V. The identification of business sectors that are of strategic importance to the state's economy and to the state's global business image, and development of specific strategies to promote the development of such sectors; and an analysis of new industries that can be targeted in New Hampshire and the rationale for their identification. VI. Identification of how economic development ideas, advice, and information from relevant entities throughout the state will be solicited to strengthen strategies and plans; and how potential partners for the implementation of the strategies and plans, including, without limitation, the United States government, local governments, regional planning commissions, regional economic development corporations, chambers of commerce, business associations, investors, and other relevant entities will be integrated and engaged. Other states should also be studied to build an understanding of best practices that may be emulated. VII. Innovative programs to position and market the state to aid business recruitment and retention. VIII. Economic performance metrics, to include previous years and objectives for the 10 years covered by the plan. Such metrics shall be contained in a state economic dashboard and updated regularly. IX. Inter-department agreements with selected state agencies recognizing their role in economic development strategies, plans, and programs. X. Identification of how the state will petition for and receive moneys, such as grants, to be used for economic development activities. XI. Consideration of how workforce education and training in cooperation with the university system, the community college system, private colleges and universities, and other workforce training organizations will be leveraged and enhanced. XII. Provisions for export growth and how relationships will be fostered with New Hampshire's export-related service providers and with the Commerce Department's International Trade Administration; and provisions to improve the state's image as a destination for foreign business investment and location with overseas entities. XIII. Identification of a division liaison to communicate needs to the general court for the benefit of economic development. XIV. Provision to identify and carry out other economic development activities that the governor or the commissioner may request. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:28 Annual Report.

12-O:28. Annual Report. The division of economic development shall complete the initial economic development strategy and plan by December 31, 2018, and submit the plan to the governor, senate president, senate majority leader, senate minority leader, speaker of the house of representatives, house majority leader, and house minority leader. On or before December 31 of each year thereafter, the division shall similarly provide results and validation from the previous fiscal year and a comprehensive update of the plan so that each annual report shall extend the time frame of the plan by one year, thereby ensuring that a 2-year plan is always in effect. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:38 International Trade Promotion.

12-O:38. International Trade Promotion. The commissioner of business and economic affairs shall plan, develop, and administer programs for international trade promotion and inward investment promotion in cooperation with the Pease development authority, division of ports and harbors, and the Small Business Development Center and other private organizations. The commissioner shall take a proactive role in targeting foreign trade shows and foreign trade missions and shall assist New Hampshire businesses desiring to participate in these shows and missions. In planning, developing, and administering programs under this section, the commissioner may draw on the fund created under RSA 12-O:39. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:39 International Trade Promotion Fund.

12-O:39. International Trade Promotion Fund. There is hereby established in the office of the state treasurer a fund to be known as the international trade promotion fund. The commissioner of business and economic affairs is authorized to accept public sector and private sector grants, gifts, or donations of any kind for the purpose of funding programs associated with the promotion of international trade. Such grants, gifts, and donations shall be deposited in the international trade promotion fund and may be expended by the commissioner of business and economic affairs to accomplish the purposes of RSA 12-O:38. The moneys in this fund shall lapse to the general fund at the end of each biennium. Source. 2017, 156:40, eff. July 1, 2017. 2022, 25:3, eff. June 30, 2022.

RSA 12-O:40 Review of Reports Required.

12-O:40. Review of Reports Required. The department of business and economic affairs, in consultation with the legislative budget assistant, shall periodically review reports issued under RSA 162-A:23-a at least once every 5 years and make recommendations to be utilized for an improved and consistent methodology for assessing the quantity and quality of jobs created and saved and the growth potential and environmental impacts of such programs. This section shall not apply to promotional literature. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:41 Limitation.

12-O:41. Limitation. The review under RSA 12-O:40 shall not apply to state loans or state loan guarantees of less than $250,000, or to state grants of less than $50,000. Source. 2017, 156:40, eff. July 1, 2017.

RSA 12-O:42 Workforce Development.

12-O:42. Workforce Development. The commissioner of business and economic affairs shall work with the director of the office of workforce opportunity to plan, develop, and administer workforce investment activities, programs, and grants under the federal Workforce Innovation and Opportunity Act of 2014, as such may be amended, reauthorized, and in effect from time to time, and shall discharge the day-to-day operational responsibilities and obligations of the State Workforce Innovation Board established under RSA 12-O:44. The commissioner shall coordinate with the State Workforce Innovation Board to promote state and local investment systems that increase the employment, retention, and earnings of participants, and increase occupational skill attainment by participants, and, as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation. Source. 2017, 156:40, eff. July 1, 2017. 2020, 37:32, eff. July 29, 2020. 2023, 79:244, eff. July 1, 2023.

RSA 12-O:43 Workforce Development Director.

12-O:43. Workforce Development Director. There is established within the office of workforce opportunity the position of director, which shall be an administrator IV position, classified at labor grade 33. The director shall lead the office of workforce opportunity. The director shall perform all duties which the commissioner may assign. Source. 2017, 156:40, eff. July 1, 2017. 2023, 79:245, eff. July 1, 2023.

RSA 12-O:44 State Workforce Innovation Board.

12-O:44. State Workforce Innovation Board. I. There is established a State Workforce Innovation Board within the Office of Workforce Opportunity. II. Membership of the board shall be as set forth in the Workforce Innovation and Opportunity Act of 2014 as such may be amended, reauthorized, and in effect from time to time. Members of the board shall be appointed by the governor and shall serve at the pleasure of the governor. The governor shall select a chairperson for the board from among the members of the board. III. The board shall meet no less frequently than semi-annually, shall have the powers and responsibilities of the state workforce investment board under the Workforce Innovation and Opportunity Act of 2014. Source. 2017, 156:40, eff. July 1, 2017. 2020, 37:33, eff. July 29, 2020. 2023, 79:246, eff. July 1, 2023.

RSA 12-O:45 State Workforce Innovation Fund.

12-O:45. State Workforce Innovation Fund. I. There is hereby established the state workforce innovation fund which shall be nonlapsing and administered by the commissioner of the department of business and economic affairs. Said fund shall be for the purpose of receiving financial assistance under the Workforce Innovation and Opportunity Act of 2014 and providing funds for grants and other workforce development initiatives. II. The fund shall be distributed or expended by the commissioner after consultation with the State Workforce Innovation Board established in RSA 12-O:44 and the approval of the governor and council for any of the following purposes: (a) Workforce Innovation and Opportunity Act of 2014 Adult and Dislocated Worker programs. (b) Workforce Innovation and Opportunity Act of 2014 Youth programs. (c) U.S. Department of Labor, Senior Community Service Employment programs. (d) U.S. Department of Labor Disability programs. (e) U.S. Department of Labor Regional Innovation and National Emergency grant programs. (f) Other projects, programs, or grants recognized as being beneficial to workforce development initiatives and consistent with the goals of the Workforce Innovation and Opportunity Act of 2014. III. (a) The department may accept gifts, grants, donations, or other moneys for the purposes of this section. Said moneys shall be deposited into the state workforce innovation fund. (b) The commissioner may enter into contracts and agreements and may take other actions that may be necessary or desirable to effect the transfer to it of operations currently conducted by the department of business and economic affairs, and to effect the transfer of assets utilized by them in doing so; and, the commissioner may assume, bear, and agree to perform those contracts of the state workforce innovation board that may be necessary or desirable for carrying out the purposes of this section. IV. The commissioner of the department of business and economic affairs shall have the authority to enter into such agreements for leasing real property, acquiring goods, and engaging services to perform Rapid Response activities in accordance with this subdivision. The commissioner shall provide the governor and council an information item not less frequently than semi-annually describing all such agreements and amounts expended pursuant thereto. Such agreements shall be made pursuant to forms of agreement that shall be approved by governor and council which forms of agreement have been reviewed by the attorney general and the commissioner of the department of administrative services. Source. 2017, 156:40, eff. July 1, 2017. 2019, 346:189, eff. Sept. 26, 2019. 2020, 37:34, eff. July 29, 2020. 2025, 141:35, eff. July 1, 2025.

RSA 12-O:53 Division of Planning and Community Development.

12-O:53. Division of Planning and Community Development. There is established within the department the division of planning and community development under the supervision of a classified director of the division of planning and community development. The director of the division of planning and community development shall administer and supervise the programs related to planning and development, broadband, and housing within the department and shall serve under the supervision of the commissioner of the department. Source. 2021, 91:195, eff. July 1, 2021. 2025, 141:31, eff. July 1, 2025.

RSA 12-O:53-a Office of Planning and Development.

12-O:53-a. Office of Planning and Development. I. There is established the office of planning and development within the department of business and economic affairs, division of planning and community development. The office shall be under the supervision of the director of the division of planning and community development, who shall serve under the supervision of the commissioner. II. The office of planning and development shall: (a) Plan for the orderly development of the state and the wise management of the state's resources. (b) Compile, analyze, and disseminate data, information, and research services as necessary to advance the welfare of the state. (c) Encourage and assist planning, growth management, and development activities of cities and towns and groups of cities and towns with the purpose of encouraging smart growth. (d) Encourage the coordination and correlation of state planning by agencies of state government. (e) Participate in interstate, regional, and national planning efforts. (f) Administer federal and state grant-in-aid programs assigned to the office by statute or executive order. (g) Participate and advise in matters of land use planning regarding water resources and floodplain management. (h) Take a leadership role in encouraging smart growth and preserving farmland, open space land, and traditional village centers. (i) Administer the statewide comprehensive outdoor recreation plan and the national flood insurance program. The office shall employ necessary personnel to administer these programs. (j) Perform such other duties as the commissioner may assign. Source. 2025, 141:31, 390, eff. July 1, 2025.

RSA 12-O:54 State Development Plan.

12-O:54. State Development Plan. I. The office of planning and development, under the direction of the director of the division of planning and community development, shall: (a) Assist in preparing, publishing, and revising the comprehensive development plan required under RSA 9-A. (b) Coordinate and monitor the planning efforts of various state agencies and departments to ensure that program plans published by such agencies are consistent with the policies and priorities established in the comprehensive development plan. (c) 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. II. In preparing the state development plan, the office of planning and development shall consult with the chief executive officers of the various departments and agencies of state government. The office shall also consult with officials of regional planning commissions and regional and local planning and development agencies, local officials, representatives of the business and environmental community, and the general public. III. All state agencies and departments shall provide the office of planning and development with information and assistance as required by the office to fulfill its responsibilities under paragraph I. The office shall maintain the confidentiality of any information which is protected by law. Source. 2021, 91:195, eff. July 1, 2021. 2025, 141:32, eff. July 1, 2025.

RSA 12-O:55 Data and Information Services.

12-O:55. Data and Information Services. The office of planning and development shall: I. Gather, tabulate, and periodically publish information on the location and pace of development throughout the state, including, but not limited to, population, housing, and building permit data. II. Initiate data coordination procedures as the state agency responsible for coordinating data collection and dissemination among the state, the private sector, and the various political subdivisions. III. Gather information for storage in a data bank concerning the data which is currently available within all state agencies. This data shall be used to provide information which is useful in measuring growth and its impact and for statewide planning purposes in general. The data available for dissemination shall include, but shall not be limited to, information for determining future demands for state services and demographic and economic statistics. Any other state agency or department which initiates a data collection program shall inform the office of planning and development of its efforts so that the office may utilize that information for planning purposes in its dissemination program. IV. Cooperate with the department of environmental services in identifying potential sites for hazardous waste facilities. V. Develop and maintain a computerized geographic information system in support of state, regional, or local planning and management activities. VI. Cooperate with the Bureau of the Census and other federal agencies with the objective of improving access to the statistical products, data, and information of the federal government. VII. Annually estimate the resident population for all cities and towns of the state pursuant to RSA 78-A:25. VIII. Pursuant to RSA 674:1, VII, compile descriptions of municipally and county-owned property determined to be appropriate for residential development by the select board as a residential use into a publicly available list of properties available for grant or loan funding pursuant to RSA 12-O:72-a. Source. 2021, 91:195, eff. July 1, 2021. 2025, 141:211, eff. June 30, 2025.

RSA 12-O:56 Policies and Plans.

12-O:56. Policies and Plans. I. The office of planning and development shall formulate policies and plans for consideration by the commissioner and the governor which serve to integrate and coordinate resource and development activities affecting more than one state agency, level of government, or governmental function. Such activities may include, but shall not be limited to, the following subject areas: (a) Water resources. (b) Transportation. (c) Recreation and natural resources. (d) Solid waste and hazardous waste management. (e) Off-shore, coastal, and estuarine resources. (f) Housing. (g) Economic development. (h) Energy. (i) Shoreland protection. (j) Smart growth. Source. 2021, 91:195, eff. July 1, 2021.

RSA 12-O:57 Program Established.

12-O:57. Program Established. The director of the division of planning and community development shall establish a program of regional and municipal assistance within the office of planning and development. This program shall coordinate state, regional, and local planning efforts with the goal of assuring delivery of efficient and effective assistance to local governments in areas related to growth management and resource protection. Source. 2021, 91:195, eff. July 1, 2021. 2025, 141:33, eff. July 1, 2025.

RSA 12-O:58 Responsibilities for Assistance.

12-O:58. Responsibilities for Assistance. The office of planning and development shall: I. Provide technical assistance and, within the limits of biennial legislative appropriations, financial grants to regional planning commissions established under RSA 36:45-36:53 in support of: (a) Planning assistance to local units of government. (b) Preparation of regional plans. (c) Contributions to and coordination with statewide planning and management activities, including the formulation and updating of the comprehensive state development plan prepared pursuant to RSA 12-O:54. II. As requested and in cooperation with regional planning commissions, provide technical assistance and information in support of the planning and growth management efforts of local units of government, including training requested under RSA 673:3-a. The office shall encourage municipalities to first seek assistance from established regional planning commissions. III. Provide computer interface capability among and between each regional planning commission, office of planning and development, and state data collection and storage sources. The computer interface capability shall be used by regional planning commissions to respond to municipal requests for assistance in the preparation and amending of master plans and in the evaluation of municipal infrastructure needs. The computer interface capability shall also be used by regional planning commissions to develop and update regional master plans, as provided in RSA 36:47. The computer equipment used for the purposes of this paragraph shall be compatible and able to interface with the office of planning and development's geographic information system, as well as with other similar state computerized data collection and storage sources. IV. Provide technical assistance and information to municipalities with the cooperation of other state and regional planning agencies in the following areas: (a) Use and application of geographic data available in the state's geographic information system (GIS) for local planning and growth management purposes. (b) Recommending standard procedures for the establishment of accurate, large-scale base mapping to support municipal administrative functions such as tax assessment, public facility management and engineering. Source. 2021, 91:195, eff. July 1, 2021.

RSA 12-O:59 Coordination at State Level.

12-O:59. Coordination at State Level. The office of planning and development shall coordinate efforts by state agencies to provide technical assistance to municipal governments in areas related to growth management and resource protection. Source. 2021, 91:195, eff. July 1, 2021.

RSA 12-O:60 Revolving Funds.

12-O:60. Revolving Funds. In order to enhance its ability to provide education and training assistance to municipalities and regional agencies, the following nonlapsing revolving funds, which shall not exceed $20,000 on June 30 of each year, shall be established in the office of planning and development: I. A revolving fund known as the publications revolving fund. (a) The moneys in this fund shall be used for the purposes of printing materials for distribution. A reasonable charge shall be established for each copy of a document. This charge shall be only in the amount necessary to pay the cost of producing such document. (b) The amount in the nonlapsing publications revolving fund shall not exceed $20,000, on June 30 of each year and any amounts in excess of $20,000 on June 30 of each year shall be deposited in the general fund as unrestricted revenue. II. A revolving fund known as the municipal and regional training fund. (a) The moneys in this fund shall be used for the purpose of providing training to local and regional officials. A reasonable charge shall be established for such training. This charge shall be fixed to reflect the cost of payments to experts to provide the training, the cost of written training material, rental of facilities, advertising and other associated costs. Such training shall be conducted in a geographically dispersed manner and scheduled with the convenience of part-time officials in mind. (b) The amount in the nonlapsing municipal and regional training revolving fund shall not exceed $20,000 on June 30 of each year and any amounts in excess of $20,000 on June 30 of each year shall be deposited in the general fund as unrestricted revenue. Source. 2021, 91:195, eff. July 1, 2021.

RSA 12-O:61 Broadband Matching Grant Initiative Established.

12-O:61. Broadband Matching Grant Initiative Established. I. There is hereby established within the department of business and economic affairs a broadband matching grant initiative, the purpose of which shall be to provide matching grants to broadband providers, political subdivisions, and communications districts in order to improve broadband availability across the state. When awarding grants, the department shall take into consideration broad geographic coverage of broadband services in New Hampshire and participation of political subdivisions and broadband providers in the grant process that will support business and residential users. II. Eligible projects shall provide high speed Internet access in unserved areas of the state that lack access to broadband services, as defined in RSA 38:38, I(f), from at least one broadband provider. III. Any broadband provider, political subdivision, or communications district formed under RSA 53-G shall be eligible for a grant of up to 75 percent of the total eligible costs of a project. Projects under construction at the time of application shall be ineligible, unless the provisions of RSA 12-O:62, VIII apply. Projects in the planning stages shall be eligible. Source. 2021, 91:457, eff. July 1, 2021. 2022, 280:2, eff. June 24, 2022.

RSA 12-O:62 Program Guidelines; Rulemaking.

12-O:62. Program Guidelines; Rulemaking. I. The department of business and economic affairs shall adopt rules under RSA 541-A, relative to grant application and distribution procedures. II. The rules shall, at a minimum, include the following: (a) Establishment of a technology-neutral competitive grant process based on objective criteria. (b) Establishment of a challenge process, with reasonable timelines, through which information may be provided to the state to ensure that funds are not used to build projects in served areas or areas where construction has commenced. For the purposes of this subdivision, construction has commenced when a provider initiates the make-ready process or begins construction of broadband infrastructure in the project area. A provider who successfully challenges an application's eligibility for funding because construction has commenced shall complete construction as soon as practical and without undue delay. (c) A method to ensure an applicant's trade secrets, financial information, and proprietary information submitted as part of an application are exempt from disclosure under RSA 91-A. (d) Establishment of a process that promotes faster service, up to and including gigabit service. III. The department of business and economic affairs shall ensure that any grants awarded to broadband providers are provided with an appropriate level of consultation with the local governing bodies and a determination that the grants advance the goal of deploying broadband to unserved areas within communities. IV. Eligible costs for the program shall include, but are not limited to: (a) Costs associated with access to utility poles and other necessary structures. (b) Construction of broadband network infrastructure in eligible areas. (c) Construction of service connections to individual homes or businesses. (d) Upgrades to existing infrastructure that currently provides service that does not meet the minimum definition of broadband in RSA 38:38, I(c). (e) All other costs directly attributable to the construction project. In cases where a cost is shared with another ongoing project, shared costs shall be prorated. (f) Planning costs related to network design and program eligibility. V. Eligible costs shall not include any operating expenses or other recurring costs. VI. The broadband provider, political subdivision, or communications district shall provide a minimum of 25 percent of the total cost of the project. Sources of the match may include revenue bonds issued by the political subdivision, bonds issued by the communication district, or private investment by broadband providers either jointly or independently. Sources of the match provided by broadband providers shall not include other federal or state funding awarded specifically to support the expansion of broadband networks. VII. The department of business and economic affairs shall not, as a condition of an award of grant money, impose any requirement, rate regulation, or other term or condition of service that differs from the applicant's terms or conditions of service in its other service areas. VIII. If the provisions of RSA 12-O:61, RSA 12-O:62, or RSA 12-O:63 conflict with the provisions of the federal funding guidance, specifically for the purposes of the broadband matching grant initiative or the broadband matching grant fund, the federal funding guidance shall control. IX. (a) The commissioner of the department of business and economic affairs shall submit a quarterly report, beginning July 1, 2022, to the fiscal committee of the general court, which includes: (1) The number of grant applications received by the department. (2) A list of the grants approved by the department, including the broadband provider, the political subdivisions covered, and the dollar amount of each grant. (3) A list of grants denied by the department. (4) The details of any successful or unsuccessful appeal of a department decision to deny an application. (5) The details of any federal coronavirus capital project funds, authorized by the American Rescue Plan Act of 2021, appropriated for reasons not included in the broadband matching grant initiative. (6) The details of any remaining available federal coronavirus capital project funds, authorized by the American Rescue Plan Act of 2021. Source. 2021, 91:457, eff. July 1, 2021. 2022, 280:1, 3 and 4, eff. June 24, 2022.

RSA 12-O:63 Broadband Matching Grant Fund.

12-O:63. Broadband Matching Grant Fund. I. There is hereby established the broadband matching grant fund. The fund shall be kept separate and distinct from all other funds and shall be continually appropriated to the commissioner of the department of business and economic affairs for the purposes of this subdivision. In addition to state appropriations, the department may accept gifts, grants, and donations for deposit into the fund. II. Any federal funds received by the state for the purposes of expanding or improving Internet access that are not otherwise committed to other programs or required by the federal legislation authorizing the funds shall be deposited into the broadband matching grant fund. Source. 2021, 91:457, eff. July 1, 2021.

RSA 12-O:65 Wireless Deployment Grant Initiative Established.

12-O:65. Wireless Deployment Grant Initiative Established. I. There is hereby established within the department of business and economic affairs a wireless deployment grant initiative, the purpose of which shall be to award grants to wireless providers in order to improve wireless connectivity within municipalities and across the state. II. Eligible projects shall provide wireless infrastructure in areas unserved by or lacking consistent mobile wireless coverage. III. Eligible projects shall be evaluated as part of a competitive process. IV. Selected projects shall meet the needs of consumers with the lowest possible cost and highest possible functionality. V. Projects under construction at the time of application shall be ineligible. VI. Projects that have been awarded funding, but not yet built shall be ineligible. This includes projects for which a provider is already obligated to deploy wireless service pursuant to regulatory or other legally enforceable commitment. VII. Funding shall be awarded for no more than one project in any proposed coverage area. Source. 2022, 231:2, eff. Aug. 16, 2022.

RSA 12-O:66 Program Guidelines; Rulemaking.

12-O:66. Program Guidelines; Rulemaking. I. The department of business and economic affairs shall adopt rules under RSA 541-A, relative to grant application and distribution procedures for wireless initiatives pursuant to 12-O:65. II. The rules shall, at a minimum, include the following: (a) Establishment of a competitive grant process based on objective criteria, prioritizing areas unserved by or lacking consistent mobile wireless coverage. (b) Establishment of a challenge process, with reasonable timelines, through which information may be provided to the state to ensure that funds are used to build projects in areas unserved by or lacking consistent mobile wireless coverage. (c) A method to ensure an applicant's trade secrets, financial information, and proprietary information submitted as part of an application are exempt from disclosure under RSA 91-A. (d) Establishment of a process that promotes wireless connectivity statewide. (e) Establishment of a program or mechanisms to encourage adoption of wireless services. III. Eligible costs for the program shall include, but are not limited to: (a) Costs of construction and government permitting, installation, and operation of wireless network infrastructure, including but not limited to buildings, towers, digital devices, equipment, and fiber-optic lines. (b) Upgrades to existing wireless network infrastructure. (c) All other costs directly attributable to the construction project. In cases where a cost is shared with another ongoing project, shared costs shall be prorated. (d) Planning costs related to network design and program eligibility. (e) Awards pursuant to this subdivision shall be contingent on the issuance of necessary government permits. IV. The department of business and economic affairs shall not, as a condition of an award of grant money, impose any requirement, rate regulation, or other term or condition of service that differs from the applicant's terms or conditions of service in its other service areas. Source. 2022, 231:2, eff. Aug. 16, 2022.

RSA 12-O:67 Wireless Deployment Grant Fund.

12-O:67. Wireless Deployment Grant Fund. I. There is hereby established in the state treasury the wireless deployment grant fund. The fund shall be kept separate and distinct from all other funds and shall be nonlapsing and continually appropriated to the commissioner of the department of business and economic affairs for the purposes of this subdivision. In addition to state appropriations, the department may accept gifts, grants, and donations for deposit into the fund. II. Federal funds received by the state for the purposes of expanding or improving Internet access or wireless connectivity may be credited to the wireless deployment grant fund. Source. 2022, 231:2, eff. Aug. 16, 2022.

RSA 12-O:68 Federal Law Supersedes.

12-O:68. Federal Law Supersedes. If any provision of this subdivision conflicts with any provision of funding guidance under federal law, the federal funding guidance shall supersede. Source. 2022, 231:2, eff. Aug. 16, 2022.

RSA 12-O:69 Fund Established.

12-O:69. Fund Established. There is hereby established in the office of the state treasurer a fund to be known as the InvestNH fund. The fund shall be composed of appropriations, gifts, grants, donations, bequests, or other moneys from any public or private source. The fund may be expended by the commissioner to accomplish the purposes of RSA 12-O:70. The moneys in this fund shall be non-lapsing. Source. 2023, 79:39, eff. July 1, 2023.

RSA 12-O:70 InvestNH Program.

12-O:70. InvestNH Program. The department shall establish a program to make grants and loans for the purpose of improving the ability to accelerate the approval of affordable workforce housing as defined in RSA 674:58, IV, and other types of housing determined by the department to be important for the economic development of the state. Grants and loans may be made by the department to municipalities and to housing developers in which at least 20 percent of the housing units to be developed will be affordable for a period of at least 10 years. Such units will be affordable to and intended for occupancy by households with incomes up to 80 percent of the area median income, as established by the U.S. Department of Housing and Urban Development. The program shall be known as the InvestNH Program. The department shall adopt rules pursuant to RSA 541-A to implement the provisions of this subdivision no later than July 1, 2024. Source. 2023, 79:39, eff. July 1, 2023.

RSA 12-O:71 New Hampshire Housing Champion Designation.

12-O:71. New Hampshire Housing Champion Designation. I. The department shall develop a New Hampshire housing champion designation program for all qualifying municipalities. The New Hampshire housing champion designation program shall be voluntary. Each municipality shall have the option, in its sole discretion, to apply to the department to receive the New Hampshire housing champion designation. In exchange for New Hampshire housing champion designation, a municipality shall receive preferential access to state resources including, but not limited to, discretionary state infrastructure funds, as available. II. The department shall adopt rules to establish qualifications and procedures for a municipality to receive the New Hampshire housing champion designation. The designation procedure shall be based on a scoring system. III. Qualifications to receive the New Hampshire housing champion designation shall include: (a) Adoption of such land use regulations and ordinances which the department determines to be necessary to promote the development of workforce housing, as that term is defined in RSA 674:58, and other types of housing necessary for the economic development of the state. In this subdivision, "land use regulations and ordinances" may include, but are not limited to, zoning ordinances adopted pursuant to RSA 674:16, innovative land use controls adopted pursuant to RSA 674:21, subdivision regulations adopted pursuant to RSA 674:35, and site plan regulations adopted pursuant to RSA 674:43. (b) Training of planning board and zoning board of adjustment members using training materials and programs, including online materials and programs, provided by the department pursuant to RSA 673:3-a; or training materials and programs, including online materials and programs, provided by the New Hampshire Municipal Association, that cover the processes, procedures, regulations, and statutes related to the board on which the member serves; or any other training materials and programs, including online materials and programs, approved by the department, that cover the processes, procedures, regulations, and statutes related to the board on which the member serves. (c) Implementation of sewer and water infrastructure improvements intended to support the development of workforce housing,as that term is defined in RSA 674:58, and other types of housing necessary for the economic development of the state. (d) Implementation of public transportation, sidewalks, or other walkability infrastructure intended to support the development of workforce housing, as that term is defined in RSA 674:58, and other types of housing necessary for the economic development of the state. IV. Qualifications to receive the New Hampshire housing champion designation may also include, but are not limited to adoption of financial tools that incentivize the development of workforce housing, including adoption of the community revitalization tax relief incentive program under RSA 79-E and establishment of municipal economic development and revitalization districts under RSA 162-K. V. Municipalities that receive a New Hampshire housing champion designation shall annually report in a form required by the department. The annual report shall include such measures as the department may determine, including but not limited to land use board applications and approvals and building permits. VI. A New Hampshire housing champion designation shall be valid for 3 years from the date such designation is awarded. A municipality may seek renewal of its New Hampshire housing champion designation for subsequent 3-year periods. The department shall include in the criteria for renewal performance metrics including, but not limited to, the qualifications listed in paragraphs III and IV. VII. Each year the department shall develop a report which describes all actions taken related to the operation of the New Hampshire housing champion designation program in the preceding state fiscal year and assesses the overall impact of the New Hampshire housing champion designation program, including an assessment of the additional housing units produced in the state as a result of the program's operation and incentives. The report required by this paragraph shall be submitted to the governor, the speaker of the house of representatives, and the president of the senate on or before November 1 of each year, beginning in 2024, and upon such submission, the report shall be posted online on the website of the department. Source. 2023, 79:462, eff. July 1, 2023.

RSA 12-O:72 Housing Planning and Regulation Municipal Grant Program.

12-O:72. Housing Planning and Regulation Municipal Grant Program. The department shall establish a grant program for municipalities to assist them in promoting increased housing production. Subject to availability of funding, the department shall make grants to any municipality for the purpose of consultation or implementation of revising their master plans and land use regulations for the purpose of promoting the production of workforce housing, as that term is defined in RSA 674:58, and other types of housing necessary for the economic development of the state, and to assist them to become eligible for New Hampshire housing champion designation pursuant to RSA 12-O:71. The department shall adopt rules establishing grant eligibility criteria, grant maximums, and grant program administration. Source. 2023, 79:462, eff. July 1, 2023.

RSA 12-O:72-a Partners in Housing Program.

12-O:72-a. Partners in Housing Program. The department shall establish a program, known as the partners in housing program, for the purpose of building workforce housing. Properties identified on the list created pursuant to RSA 674:1, VII shall be given priority for program funding. Available funding may be made by the department to housing developers to whom a municipality or county, pursuant to RSA 28:8-c, transfers ownership of the municipally or county-owned property for the purpose of residential development where at least 20 percent of the housing units to be developed will be affordable for a period of at least 20 years. The department shall adopt rules pursuant to RSA 541-A to implement the provisions of this section no later than December 1, 2026. Source. 2025, 141:212, eff. June 30, 2025.

RSA 12-O:73 Champion Benefits.

12-O:73. Champion Benefits. A municipality which has received designation as a housing champion shall be eligible, subject to the rulemaking in RSA 12-O:75, for the following benefits: I. Housing production municipal grant program. The department shall establish a grant program for municipalities that have made a commitment to facilitating increased housing production. Municipalities that are designated by the department as New Hampshire housing champion communities will be eligible to apply for the grants. Subject to availability of funding, the department shall make grants to any municipality with such a designation on a per-unit basis for workforce housing units for which certificates of occupancy have been issued by the municipality in the preceding state fiscal year. The department shall adopt rules establishing eligibility criteria, per-unit grant maximums, maximum grants per project, a maximum amount that may be granted to any municipality in a year, and grant program administration. II. Housing infrastructure municipal grant and loan program. The department shall establish a grant program for municipalities that are seeking to build infrastructure that will accommodate increased housing production. Municipalities that are designated by the department as New Hampshire housing champion communities will be eligible to apply for the grants. Subject to availability of funding, the department shall make grants to any municipality, or support the creation of low-interest loan programs for any municipality, with such a designation to provide at least matching funding, as a grant, or all funding, as a loan, for new construction or capacity increases for drinking water, sanitary sewer, stormwater, highway infrastructure, telecommunications, and electrical distribution infrastructure. The department shall adopt rules establishing eligibility criteria, grant maximums, a maximum amount that may be granted to any municipality in a year, and grant program administration. Source. 2023, 79:462, eff. July 1, 2023.

RSA 12-O:74 New Hampshire Housing Champion Designation and Grant Program Fund.

12-O:74. New Hampshire Housing Champion Designation and Grant Program Fund. There is hereby established in the state treasury the New Hampshire housing champion designation and grant program fund, for the purpose of funding the grant programs established in RSA 12-O:72 and RSA 12-O:73, and the compilation of municipally and county-owned property determined to be appropriate for residential development pursuant to RSA 12-O:72-a and 674:1, VII. The fund shall be non-lapsing and shall be continually appropriated to the department. Source. 2023, 79:462, eff. July 1, 2023. 2025, 141:214, eff. June 30, 2025.

RSA 12-O:75 Administrative Rules.

12-O:75. Administrative Rules. The department shall adopt rules pursuant to RSA 541-A to implement the provisions of this subdivision no later than July 1, 2024. During the rulemaking process, the department shall consult with relevant state agencies and entities that administer the programs and funds identified under RSA 12-O:73, II to ensure the rules for the New Hampshire housing champion designation program are not in conflict with the rules of these state agencies and entities. Source. 2023, 79:462, eff. July 1, 2023.

RSA 12-O:76 Program Advisory Committee.

12-O:76. Program Advisory Committee. The department shall establish a New Hampshire Housing Champion program advisory committee to review and make recommendations on initial rules proposed pursuant to RSA 12-O:75. Members of the program advisory committee shall serve without compensation, except that legislative members of the board shall receive mileage at the legislative rate when attending to the duties of the board. The program advisory committee shall consist of: (a) One member of the senate, appointed by the senate president. (b) One member of the house of representatives, appointed by the speaker of the house of representatives. (c) The commissioner of the department of business and economic affairs, or designee. (d) The executive director of the New Hampshire housing finance authority, or designee. (e) The executive director of the community development finance authority, or designee. (f) Two members appointed by the New Hampshire Municipal Association, one representing a city and one representing a town. (g) One member appointed by the New Hampshire Association of Regional Planning Commissions. (h) One member appointed by the New Hampshire Planners Association. [RSA 12-O:76 repealed by 2023, 79:463, effective July 1, 2033.] Source. 2023, 79:462, eff. July 1, 2023.
Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-I-12-O.htmFetched: 10/20/2026

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