EDA committee tables energy-code bill, approves building-code limits; several measures pass or are retained

The House Executive Departments and Administration committee on an executive session advanced, tabled or amended a slate of bills on matters ranging from building and energy codes to administrative housekeeping and the Office of the Consumer Advocate.

The most contested items included a recommendation that the chamber not act on a bill to adopt the 2021 energy code, a separate amendment to preserve municipal administrative amendments to the state building code while barring technical upgrades by local governments, and a decision to retain review of the Office of the Consumer Advocate for further study.

Why it matters: votes on building and energy codes affect housing costs, access to federal energy funds and how municipalities regulate construction. The committee’s decisions will shape what reaches the full House calendar and what returns to subcommittees for further work.

Committee members voted 12–4 to recommend ITL (inexpedient to legislate) on House Bill 96, which would have moved state adoption toward the 2021 energy code rather than waiting on the 2024 model. Representative Lamb argued that falling behind the newer code could forfeit federal funding opportunities: "If we don't get our energy code up to date, we miss the opportunity to unlock federal funding for New Hampshire," Lamb said, citing programs such as the Inflation Reduction Act and Department of Energy grant opportunities. Opponents said potential added construction costs would worsen housing affordability; Representative Long said, "My constituents are very concerned about the cost of housing… I would vote for this bill at the right time, but I'm not going to today."

The committee also debated House Bill 428, which in its base form would limit municipal amendments to the state building code. The committee adopted amendment 0328H to preserve municipal administrative amendments — defined in committee discussion as permit procedures, inspection processes, fee schedules and certificates of occupancy — while continuing to prohibit local technical upgrades to construction standards. Mr. Sherman, identified in the hearing as chair of the Building Code Review Board, explained the distinction: "Administrative is paperwork process… Technical as with the base bill would still be prohibited." The amendment passed unanimously (16–0), and the bill as amended was recommended to pass 10–6. Opponents said the change removes a tool municipalities use to respond to local conditions; Representative DeVries said his town requires an extra foot of freeboard due to flooding and warned the bill would remove that local authority. Supporters said multiple local codes raise costs and complicate construction across jurisdictions.

On House Bill 161, which would reauthorize or otherwise change the Native American Affairs Commission, the committee voted 16–0 to recommend ITL after members noted persistent vacancies and unresolved disagreements within the Native community. Representative Land summarized committee testimony about membership shortfalls: "Right now there are only two governor‑appointed members of the commission… With the bill we passed last year to allow a quorum to be 50% plus one, a quorum of the Native American Affairs Commission is only four members," and she said that absent appointments the commission was not currently functioning as intended.

The committee moved to retain House Bill 610 — a review of the Office of the Consumer Advocate — by a 16–0 vote so members could examine whether the office’s statutory scope and placement in state government appropriately protects residential ratepayers. The chair said the unusual degree of apparent support from utilities for the incumbent Consumer Advocate prompted additional scrutiny: "I was concerned that the utilities that he's supposed to be representing consumers against were all supporting him. That struck me as something a little weird," the chair said.

Other bills on the executive session calendar were acted on with little debate and placed on consent or the calendar as noted below. Several minor statutory cleanup and personnel items were recommended ought to pass with amendments or placed on consent.

Votes at a glance - CACR 1 — Motion: Inexpedient to legislate (ITL). Mover: Representative Bailey; seconder: Representative Schmidt. Outcome: ITL; recorded as 16 in ITL (committee put on consent). - HB 96 (energy code) — Motion: Inexpedient to legislate. Mover: Representative Bailey; second: Representative Lamb. Outcome: ITL, 12–4. Key points: supporters said not updating could forfeit federal funds; opponents cited housing-cost concerns. - HB 161 (Native American Affairs Commission) — Motion: Inexpedient to legislate. Mover: Representative Land; second: Representative Brodhead. Outcome: ITL, 16–0. Key points: multiple commission vacancies and governance concerns. - HB 428 (state building code; municipal amendments) — Amendment 0328H adopted (defines administrative vs technical amendments) 16–0; bill as amended recommended ought to pass 10–6. Mr. Sherman (Building Code Review Board chair) explained the administrative carve‑out. - HB 192 (employee classification technical amendment 0587H) — Amendment adopted; bill recommended ought to pass as amended, 16–0 (technical personnel/salary grade clarification). - HB 271 (social work associate licensure; amendment 04958H) — Amendment adopted and the bill recommended ought to pass with amendment, 16–0 (test design for associate social workers). - HB 214 (criminal record checks and regulatory cleanups; amendment 0845) — Amendment adopted and bill recommended ought to pass with amendment, 16–0 (statutory cleanup on record checks and rulemaking authority). - HB 694 (leases between state and political subdivisions; amendment 0889H) — Amendment adopted and bill recommended ought to pass as amended, 16–0 (limits scope to leases involving political subdivisions and clarifies that the change applies both ways). - HB 252 (Daniel Webster observance) — Motion: Inexpedient to legislate. Outcome: ITL, 12–4. Committee discussion noted a preference for gubernatorial proclamations over adding holidays into statute. - HB 610 (Office of the Consumer Advocate) — Motion: Retain for further study. Outcome: Retain, 16–0.

What’s next: committee reports are due as soon as possible and no executive session was scheduled for next week; members were reminded to file subcommittee reports and any planned minority reports. The committee chair said she will calendar items when senate and second‑committee bills begin to arrive.

Sources: Remarks and roll calls recorded during the Executive Departments and Administration executive session, committee transcript.