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Bill would add public works facilities to list of projects eligible for development impact fees
Summary
House Bill 168 would let municipalities include public works (DPW) facilities among capital purposes for which planning boards may assess development impact fees, a change proponents said corrects an apparent omission in the current statute.
Representative Diane Power told the committee House Bill 168 would add "public works facilities" to the existing list of capital facility purposes for which municipalities may assess development impact fees under the "innovative land use" statute (RSA 674:21‑5a–l). She described impact fees as a way for new development to share in the cost of growth‑driven municipal facilities, amortized over the life of a facility.
Power said she had identified at least five municipalities (Nashua, Hollis, Brookline, Rochester and Groton) that recently constructed or planned public works facilities and could not assess impact fees because the statute does not explicitly list public works facilities. Witnesses at the hearing said adding public works facilities would allow planning boards to propose impact fees for DPW buildings where growth drives new infrastructure needs.
Eric Power, a Brookline planning board member and electrical engineer, also testified in favor of the amendment. He described the planning‑board process and said impact fees must follow statutory formulas and regional‑planning commission review; adding DPW facilities would simply allow an additional eligible purpose to be considered by a local planning board and ultimately by voters.
No municipal representatives testified in opposition during the hearing. The committee did not act on the bill during the public hearing; the measure will be considered later in committee.
