Legislative Update #27

This is the 27 th legislative/policy update for the 2023 New Hampshire Legislative session. After
the N.H. House and Senate conclude the legislative session, I provide this update periodically to
keep NHTOA members informed of what is happening in Concord. Although the Legislature is
in recess, bills of interest to the NHTOA continue to move out of the Legislature and through the
Governor’s office. During the summer and autumn, I will provide these updates as news becomes
available. (If you do not wish to receive this update, please let me know and I will remove you
from the distribution list.)

General Comments
A handful of bills of interest to the NHTOA’s membership are heading to the Governor’s desk for
his consideration. When a bill arrives at the Governor’s desk, he has three options: sign the bill
into law, veto it, or allow it to become law without his signature.

If a bill is vetoed, the House and Senate will hold a special session in the fall to vote on each veto.
A two-thirds majority in both chambers is required to override a veto.  

Last week the House and Senate announced the date for voting on vetoes “veto day.” Veto day
for the 2023 legislative session will be January 3, 2024. This is significantly later than most years
and in the case of a time sensitive veto could be problematic. Other important dates coming up
are the bill-filing deadlines for the 2024 Legislative Session: House of Representatives (September
11 – 15) and N.H. Senate (September 28 – October 12). Also, all bills “retained” in a House
committee must be voted on by the full committee by November 17.
 
I am attaching the updated NHTOA bill tracking spreadsheet (attached). 
Four notes on this spreadsheet:

1. The link to the bill text (in the spreadsheet) should take you directly to the N.H. General Court
   website’s link to the bill. Note that during the heat of committee meetings and debate over
   amendments, this link will sometimes not take you to the most current amendments.
2. The Priority/Action looks at the entire bill and weighs many factors. The NHTOA Executive
   Director analyzes each bill and makes a recommendation to the NHTOA Policy Committee.

Where a question mark is present or it is blank, we are still gathering information or assessing
our position on the bill.

3. Bills that are either “Retained” or “Rereferred” are tabled within the committee and will be
   voted on by the full committee later this autumn.

-Jasen
 
House Bill 221 (line 25 on spreadsheet) As introduced; this bill specified that the N.H.
Department of Agriculture will hold the easement on agricultural easements purchased by the
department. While in committee it was modified to include favorable procedural language that
addressed the transfer of easements and that there be no presumption of public access for these
agricultural easements. This bill was requested by the N.H. Department of Agriculture and was
one the NHTOA monitored. It passed the full House and while in the Senate it was amended to
include the language of Senate Bill 14 regarding game camera labeling and landowner
notification.

Action: Last week the Governor signed this bill into law. The game camera portion of it goes into
effect January 1, 2024. The N.H. Fish and Game Department will educate the hunting
community before the end of the year.

House Bill 142 (line 34 on spreadsheet) This bill will establish a mechanism at the N.H. Public
Utilities Commission to modify the power sales contract between Eversource and the Burgess
BioPower facility. As the single largest market for low-grade timber (biomass), the continued
operation of this facility is important to timberland owners and managers conducting sustainable
forestry. This market is also critical to sawmills needing to manage mill waste (chipped slabs and
bark). Because this contract has a critical milestone on December 31, 2023, the late veto day
(January 3) that falls after this milestone complicates the path forward if the bill receives a veto

Action: The full House and Senate approved this bill earlier this session. It is still in the
enrollment process and has not arrived at the Governor’s desk.
    

Senate Bill 15 (line 48 on spreadsheet) This is the “tree stand bill.” It requires tree stands and
portable blinds to be labeled with the owner’s name and contact information and establishes
dates for their removal. If a tree stand or ground blind is to remain in place beyond April 1,
landowner permission is required. It was also modified to adjust the dates for tree stand and blind
removal to accommodate spring turkey season (May 1 to May 31). The labeling requirement was
not modified.

Action: Last week the Governor signed this bill into law. It goes into effect January 1, 2024.
Through the late summer and fall the N.H. Fish and Game Department will educate the hunting
community.

House Bill 467 (line 53 on the spreadsheet) – This is the playground wood fiber bill. As proposed,
it will require all public playgrounds in operation or built after Jan. 1, 2024, to have a surface
area made from resilient rubber or a urethane rubber composite. The intention of this bill is to
insure handicapped accessibility. It is supported by handicapped-access groups and the N.H.
Municipal Association. Many playgrounds in New Hampshire use engineered wood fiber (EWF)
for these surfaces—wood fiber that has been ground, screened, and compacted into place at the
playground—and this bill would eliminate its use. EWF does provide accessibility (American with
Disabilities Act approved) and is a safe surface (provides a cushion). EWF is also biodegradable,
will not require landfilling after its useful life, and is an important market for low-grade softwood
fiber. Working with the Senate Commerce Committee leadership and the N.H. Municipal
Association, the NHTOA helped draft an amendment that does not impact EWF use in existing
playgrounds. EWF can be used on new playgrounds provided there is a “solid, resilient” path in
and out of the playground and to the equipment. 

Action: Last week the Governor signed the Senate version of this bill into law.