Committee Summary for Senate Commerce (04/10/2025)

Bill/Time	Type	Title	Sponsor
HB309 00:06:16.960 - 8:35:02 AM	Public Hearing	relative to making electronic rent payments optional.	Mooney, Maureen(R)[B+]2024
HB633 00:16:24.959 - 8:45:10 AM	Public Hearing	(New Title) creating a legislative study committee to investigate the implementation of housing investment trusts in New Hampshire.	Daniels, Gary(R)
HB694 00:31:17.320 - 9:00:03 AM	Public Hearing	requiring leases of land, buildings, or space by state agencies to be at fair market value.	Aron, Judy(R)[A]2024
HB631 00:48:45.680 - 9:17:31 AM	Public Hearing	(New Title) permitting residential building in commercial zoning.	Murray, Alissandra(D)[D-]2024
HB410 01:12:36.320 - 9:41:22 AM	Public Hearing	(New Title) limiting local authority to adopt restrictions on the building and development of residential properties.	Read, Ellen(D)[D]2024

HB309: State Representative Maren Mooney, Marlow, Hillsboro County District 12 Support00:06:16.960 - 8:35:02 AM; Representative Maren Mooney introduced House Bill 309, an act relative to making electronic rent payments optional. She emphasized the importance of the bill in not straining the landlord-tenant relationship during the housing crisis by allowing various forms of payment, not just electronic. The bill was recommended to pass with an amendment by the House Housing Committee with a unanimous vote and later passed on the House consent calendar. Mooney requested the committee to recommend the bill as ought to pass, highlighting its role in supporting accessibility and flexibility in rental agreements.
HB633: Representative Gary Daniels, Milford, Hillsboro 43 Support00:16:24.959 - 8:45:10 AM; Representative Gary Daniels introduced House Bill 633, which aims to address the housing crisis in New Hampshire through a private sector solution involving housing investment trusts. He highlighted the challenges of high rental and home prices in the state.
HB633: Representative Gary Daniels, Milford, Hillsboro 43 Support00:17:15.520 - 8:46:01 AM; Representative Daniels discussed the housing shortage in New Hampshire, highlighting an expected deficit of 60,000 units by 2030. He emphasized the need for innovative solutions beyond public sector efforts, as previous investments did not effectively address the growing problem. He introduced the concept of the Housing Investment Trust, a 501c3 charity that would use private investments to acquire properties and provide flexible financing options to families. This trust aims to expand housing supply, increase state tax revenues, and promote home ownership, wealth accumulation, and job creation. Daniels mentioned that the House Judiciary Committee had amended HB633 to create a study committee, but he advocated for the original bill's passage to quickly pursue the 501c3 designation. He noted that Michael Delphano, the architect of the proposal, would be available to testify on April 16th, suggesting a recess until then to hear more detailed testimony.
HB633: Senator MCU Information Only00:21:23.520 - 8:50:09 AM; Senator MCU thanked Representative Daniels for his presentation on the innovative solution to the housing crisis. He confirmed his understanding that reverting the bill to its as-introduced version would allow for quicker pursuit of the 501c3 designation for the Housing Investment Trust. Daniels affirmed this, explaining the time-sensitive nature of obtaining the designation and how a study committee would delay the process.
HB633: Representative Joe Alexander, Gostown Information Only00:22:27.760 - 8:51:13 AM; Representative Alexander, who chairs the housing committee and also sits on House Judiciary, spoke in favor of a study committee for HB633. He appreciated the innovative approach to the housing crisis but felt that the Judiciary Committee had unresolved questions about the concept. He recommended a study committee to thoroughly understand the proposal before moving forward, suggesting that a senator volunteer to join the committee. He expressed concern that moving forward with the original bill might be too hasty.
HB633: Unnamed Senator Information Only00:23:48.320 - 8:52:34 AM; An unnamed senator inquired about existing housing trusts in New Hampshire, specifically mentioning a land trust in Laconia. Representative Alexander responded that he was initially willing to support the bill as is but agreed to the study committee to ensure full understanding due to questions raised in the House Judiciary Committee.
HB633: Another Unnamed Senator Information Only00:24:56.159 - 8:53:42 AM; Another unnamed senator suggested that the bill might have had a different outcome if it had been presented to the House Commerce or Housing Committees, noting that Representative Alexander also chairs the House Housing Committee. This was acknowledged by Alexander, who confirmed his dual role.
HB694: Senator Murphy representing the people of District 16 Support00:31:17.320 - 9:00:03 AM; Senator Murphy introduced House Bill 694 on behalf of Representative Aaron, who was unable to attend. The bill aims to ensure that state agency leases are at fair market value. He highlighted that the bill was filed following requests by Sullivan County Manager Derek Furland, who has dealt with state leases. The senator explained that the bill targets lease renewals, allowing recalibration of lease payments in response to inflation or other cost factors. He noted that the House EDNA committee added language regarding utilities and custodial services, but the bill's focus remains on ensuring fair market value for lease renewals.
HB694: Derek Furland, Sullivan County Manager Support00:34:25.119 - 9:03:11 AM; Derek Furland testified in favor of House Bill 694, emphasizing his experience with state lease negotiations for the superior and probate court in Newport, New Hampshire. He pointed out the lack of guidance in state RSAs regarding leasing processes compared to property acquisition and eminent domain. Furland stressed the need for more structured guidance in state leasing to ensure fairness for both state agencies and political subdivisions. He discussed the rising costs of additional services like custodial services and electricity, which are not adequately addressed in current lease negotiations. He used an analogy of taxpayers wearing the same pair of pants to illustrate that both state and local entities should aim for fair lease terms, as the costs ultimately affect the same taxpayers.
HB694: Senator Rearden Information Only00:37:10.960 - 9:05:56 AM; Senator Rearden asked a question regarding the practical implications of the bill's language, specifically the clause allowing for below fair market value agreements. He shared his experience with state lease negotiations, expressing concern that the state often pushes for lower rent rates. Furland responded by explaining that the bill's flexibility allows landlords to accept lower rates if it benefits them long-term, but his primary concern is ensuring that lease revenues cover operational costs, particularly for older buildings like the courthouse in Newport.
HB694: Kate Han, New Hampshire Association of Counties Support00:39:07.280 - 9:07:53 AM; Kate Han from the New Hampshire Association of Counties supports HB694 as amended by the House. She emphasized the need for flexibility in lease agreements, noting that many properties leased to the state are unique, such as courthouses, which cannot be easily replaced by other buildings. She mentioned that some counties have established unique lease arrangements and wish to maintain this flexibility, which is why the language in the amendment was added.
HB694: Representative Vanessa Shaheen, Hillsborough 43, Milford Support00:40:44.720 - 9:09:30 AM; Representative Vanessa Shaheen, who represents Hillsborough 43 in Milford and chairs the subcommittee that worked on HB694, supports the bill. She explained that the bill improves lease negotiations between the state and political subdivisions, making them more efficient and equitable. It addresses fair market rate lease renewals, reciprocity, and negotiations for additional expenses like utilities and custodial services. She noted the collaborative effort with the prime sponsor to amend the bill.
HB631: Representative Alissandra Murray, Hillsborough District 20, Manchester Ward 9 Support00:48:45.680 - 9:17:31 AM; Representative Alissandra Murray supports HB631, which she introduced to address the housing crisis by allowing multifamily mixed residential units in commercial zones. She highlighted the significant increase in homelessness and rental prices in New Hampshire, emphasizing the need for zoning reforms to encourage new construction and mixed-use developments. She argued that such reforms would enhance walkability, reduce parking needs, and create thriving communities.
HB631: Representative Joe Alexander, Goffstown Support00:53:18.319 - 9:22:04 AM; Representative Joe Alexander supports HB631, noting its similarity to SB90 but with added provisions for infrastructure support. He explained that the bill allows municipalities to restrict ground floor space for retail while permitting residential units above, aiming to recreate the walkability and charm of traditional New Hampshire downtowns. He recommended the bill's passage, highlighting its potential to balance local zoning with housing needs.
HB631: Kevin Kavanagh, reading letter from Attorney Cronin Support00:56:14.400 - 9:25:00 AM; Kevin Kavanagh read a letter from Attorney Cronin supporting HB631. The letter emphasized the complexity and cost of multifamily housing development and the unfounded fears of community change. It highlighted the bill's potential to address the housing crisis, support economic growth, and meet the demand for housing, given the low vacancy rates and long waiting lists for multifamily units.
HB631: Arthur Sullivan, Grace Properties, Manchester Support00:58:26.000 - 9:27:12 AM; Arthur Sullivan from Grace Properties in Manchester supports HB631, citing their success in converting old mill and office buildings into multifamily housing. He noted the economic climate's impact on commercial office space and the need for zoning reforms to expedite the conversion of vacant buildings into housing. He urged the committee to recommend the bill's passage to support their ongoing efforts in New Hampshire.
HB631: Nick Taylor, Housing Action New Hampshire Support01:01:41.559 - 9:30:27 AM; Nick Taylor from Housing Action New Hampshire supports HB631, noting its popularity among voters for allowing housing near businesses and shopping districts. He emphasized the environmental and infrastructural benefits of building in areas with existing roads and utilities, and the bill's design to expand property rights without overriding existing zoning regulations. He described the bill as impactful yet modest in its approach.
HB631: Brody Dashes, New Hampshire Municipal Association Oppose01:05:43.640 - 9:34:29 AM; Brody Dashes from the New Hampshire Municipal Association expressed opposition to House Bill 631, which permits residential building in commercial zoning. He highlighted the bill's similarity to Senate Bill 90 and noted that it still contains issues that led to the re-referral of Senate Bill 90. Dashes pointed out the complexities and variations in municipal zoning districts, which he argued make it difficult to create state-level rules that fit local ordinances. He expressed concerns about the definitions within the bill, particularly regarding what constitutes 'commercially zoned land,' and the potential for disputes and litigation over these definitions. Additionally, he raised concerns about the adequacy of infrastructure and the lack of state funding to assess this, potentially leading to developers converting properties without consulting municipalities. He also criticized the bill for possibly creating unfunded mandates for municipalities and for not accommodating the nuanced nature of zoning districts.
HB631: Grace, Business and Industry Association Support01:10:02.640 - 9:38:48 AM; Grace from the Business and Industry Association voiced support for House Bill 631. She noted the economic changes leading to vacant retail and commercial spaces and suggested that converting these spaces for residential use is necessary. Grace argued that the bill would facilitate this transition and provide new housing opportunities. She addressed concerns about definitions by referencing existing statutes and publications by the Office of Planning and Development, suggesting these could clarify any confusion. She also pointed out that the bill allows municipalities to restrict residential development in zones designated for industrial uses, ensuring incompatible uses do not occur.
HB410: Ellen Reed, Rockingham 10 (Newmarket and Newfields) Support01:12:36.320 - 9:41:22 AM; Ellen Reed, representing Rockingham 10 (Newmarket and Newfields), supported House Bill 410. She discussed the historical context of zoning ordinances, referencing U.S. Supreme Court decisions from about a hundred years ago, which tied zoning to health and safety. Reed criticized current zoning practices for being exclusionary and not aligned with the original constitutional scope. She explained that the bill introduces a 'bucket' called extraordinary restrictions on residential property, requiring municipalities to justify such restrictions based on health and safety under strict scrutiny. The bill aims to address various zoning issues, including minimum square footage, lot size, road frontage, and prohibitions on certain types of residential uses and construction methods, ensuring they meet health and safety standards.
HB410: Brody Ducha, New Hampshire Municipal Association Oppose01:18:23.320 - 9:47:09 AM; Brody Ducha from the New Hampshire Municipal Association opposed House Bill 410, which limits local authority over residential property restrictions. He expressed concerns about the bill's requirement for zoning ordinances to meet the strict scrutiny standard, a high judicial standard usually applied to constitutional rights issues, not zoning. Ducha argued that the legislative body, typically voters, is not equipped to assess whether a zoning ordinance meets this standard, rendering the bill's mandate unenforceable. He also noted the potential for extensive litigation due to the bill's ambiguity and lack of an adjudicatory process. Ducha highlighted potential conflicts with other bills and criticized specific sections of HB410, such as definitions and restrictions on in-home businesses, which he argued could lead to further confusion and legal disputes. He concluded by expressing concern about the bill's impact on existing zoning ordinances and the potential for municipalities to be out of compliance during the transition period.
HB410: Samuel Hooper, Institute for Justice Support01:25:57.600 - 9:54:43 AM; Samuel Hooper, representing the Institute for Justice, a nonprofit civil liberties law firm, supports HB410. He explained that the bill complements other housing bills by reinforcing private property rights, which he believes are crucial during the housing crisis. Hooper argued that municipalities often abuse the rational basis review standard, allowing them to deny housing projects with minimal justification. He proposed that moving to a strict scrutiny standard, as suggested by the bill, would require municipalities to provide more substantial reasons for restricting private property rights. He cited similar efforts in Montana and Arkansas as examples of progressive housing and zoning reform.
HB410: Charles Gardner, Mercatus Center at George Mason University Information Only01:28:34.320 - 9:57:20 AM; Charles Gardner, a research fellow at the Mercatus Center, provided informational testimony on HB410. He discussed the New Hampshire Constitution's provisions on natural rights, including the right to property. Gardner highlighted historical and current examples of zoning ordinances obstructing lawful property use and argued that HB410 could establish a new framework for assessing property rights with a higher degree of legal scrutiny. He noted the bill's approach to balancing local control with protecting property rights and suggested it could be a step toward addressing New Hampshire's housing shortage.
HB410: Calvin Bullier, State Representative for Grafton 1, Littleton Planning Board, Housing Committee Support01:34:22.719 - 10:03:08 AM; Calvin Bullier, a state representative and member of the Littleton Planning Board and Housing Committee, supported HB410. He described the bill as a compromise aimed at balancing local control with preventing arbitrary zoning restrictions unrelated to health and safety. Bullier explained that the bill introduces the concept of an 'extraordinary restriction on residential property' to address practices that hinder housing development. He emphasized that the bill maintains local authority but with necessary guardrails to prevent misuse of zoning powers.
HB410: Joe Alexander, Representative for the town of Goffstown Support01:38:26.080 - 10:07:12 AM; Joe Alexander, representing the town of Goffstown, supported HB410. He addressed concerns about potential conflicts with other housing bills, asserting that HB410 would create a ceiling for extraordinary restrictions by towns and cities. Alexander also highlighted the bill's benefits for in-home businesses and education, emphasizing its role in promoting school choice and property rights. He suggested that the bill could be amended to clarify its interaction with other statutes.
HB410: N Graves Information Only01:41:02.719 - 10:09:48 AM; N Graves provided additional information regarding property rights in relation to HB410. They clarified the concept of property as a 'bundle of rights,' including the right of control over property use. Graves explained that restrictions on this right can come from voluntary private covenants or governmental intervention. They discussed the historical legal context, citing the Euclid v. Ambler Realty Co. case and subsequent legal developments, emphasizing that zoning restrictions must serve health, safety, or general welfare to be valid. Graves aimed to clarify the legal background of property rights in the context of the bill's discussion.

Innis, Daniel(Chairman)(R)[C+]2024	Ricciardi, Denise(V Chairman)(R)[C-]2024	Murphy, Keith(R)[B+]2024
Fenton, Donovan(D)[F]2024	McGough, Tim(R)	Reardon, Tara(D)