January/February 2022
TownandCity N E W
H A M P S H I R E
In This Issue:
A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION
City Mayors Receive Russ Marcoux Award................................................... 4 Vote Counting: 1990’s or 2020’s Technology.............................................. 10 The Role of Municipalities in Preventing Childhood Lead Exposures.... 14 2022 Legislative Preview: Time to Raise Your Hometown Voices........... 18 Take Advantage of Local Renewable Hydropower for Your Municipality.................................................................................. 20 NHMA Gears Up for 2023-2024 Legislative Policy Process....................... 24
We’re We’re committed committed staying totostaying connected. connected.
Our commitment to our Our commitment to our communities remains steadfast steadfast as wecommunities help build andremains rebuild the as we help andus.rebuild the transforming worldbuild around We’retransforming with you all the way.around us. world We’re with you all the way. New Hampshire Public Deposit Investment Pool (NHPDIP or the Pool) has been providing New Hampshire public entities with professional investment services since 1993. The Pool is designed to meet the distinctive investment needs of cities, towns, school districts, and other political subdivisions, focusing on safety, liquidity, and a competitive yield. TO LEARN MORE
Call Beth Galperin at 1.800.477.5258 or the Client Services Group at 1.844.464.7347 or visit www.nhpdip.com Thisinformation information is is for for institutional investor This investor use use only, only, not not for for further furtherdistribution distributiontotoretail retailinvestors, investors,and anddoes does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the Pool’s investment objectives, risks, charges and expenses before investing in the Pool. should consider the Pool’s investment objectives, risks, and expenses beforeStatement, investing inwhich the Pool. This and other information about the Pool is available in charges the Pool’s current Information This information is for institutional investor use only, not for further distribution to retail investors, should readinformation carefully before of theinPool’s Information may be obtained by and does This andbeother aboutinvesting. the Pool Aiscopy available the Pool’s currentStatement Information Statement, which not represent an offerortoissell or a solicitation of anwebsite offer to buy or sell any fund or the other security. Investors calling 1-844-464-7347 available on the NHPDIP at www.nhpdip.com. While Pool seeks should be read carefully before investing. A copy of the Pool’s Information Statement may be obtained by to maintain a stablethe netPool’s asset value of $1.00objectives, per share, itrisks, is possible to lose investing in the Pool. in the Pool. should consider investment charges andmoney expenses before investing calling 1-844-464-7347 or is onorthe NHPDIP website at WhileCorporation the Pool seeks An investment in information the Pool is available not insured guaranteed by theinFederal Deposit Insurance This and other about the Pool is available thewww.nhpdip.com. Pool’s current Information Statement, which or any other government agency. Shares of the areof PFM Inc.,Pool. to maintain stable net asset value of $1.00 per share, itdistributed is possible lose Fund moneyDistributors, investing inmay the should bearead carefully before investing. APool copy the Pool’sbytoInformation Statement be obtained by member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection calling 1-844-464-7347 is available the NHPDIP www.nhpdip.com. While the Pool seeks An investment in the Pool isornot insured or on guaranteed by thewebsite Federalat Deposit Insurance Corporation Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset to maintain a stable net asset value of $1.00 per share, it is possible to lose money investing or any other government agency. Shares of the Pool are distributed by PFM Fund Distributors, Inc., in the Pool. Management LLC. An investment in the Pool is not insured or guaranteed by the Federal Deposit Insurance Corporation member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection or any other government agency. Shares of the Pool are distributed by PFM Fund Distributors, Inc., Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. (www.finra.org) is a wholly ownedand subsidiary of PFM AssetProtection member Financial Industry Regulatory Authority (FINRA) Securities Investor Management CorporationLLC. (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset
Management LLC.
Contents Table of
Volume LXV • Number 1
January/February 2022
3
04 10 14 18 20 24
A Message from NHMA Executive Director
5 Happenings 9 Upcoming Events 30 Up Close and Personal on the Board: Jim Michaud 31 Up Close and Personal on the Board: Dennis Shanahan 32
HR Report: New Hampshire Supreme Court Decision Provides Policy Implementation Guidance to Public Employers with Unionized Employees
34
Court Update
35 National Civic League: Truth, Racial Healing, & Transformation 36 NHARPC Report: Helping Municipalities Meet Their Energy Goals 40 Legal Q&A: Revaluation: What Is It? And How Does It Work? 51 This Moment in NHMA History 51 Name That City or Town Center Spread NHMA's 80th Annual Conference and Exhibition
2019-2020
City Mayors Receive Russ Marcoux Award
Vote Counting: 1990’s or 2020’s Technology The Role of Municipalities in Preventing Childhood Lead Exposures 2022 Legislative Preview: Time to Raise Your Hometown Voices Take Advantage of Local Renewable Hydropower for your Municipality NHMA Gears Up for 2023-2024 Legislative Policy Process. It’s Never Too Early to Submit Policy Suggestions
Legislative
Policy Positions
Progress Through Partnerships Thank You Sponsors & Exhibitors
New Hampshire Town and City Magazine Staff Executive Director Editor in Chief
Margaret M.L. Byrnes Timothy W. Fortier
Contributing Editors Margaret M.L. Byrnes Natch Greyes Production/Design
Evans Printing Co.
Cover: The beautiful and scenic small town of Washington, New Hampshire.
Official Publication of the New Hampshire Municipal Association 25 Triangle Park Drive • Concord, New Hampshire 03301 Phone: 603.224.7447 • Email: nhmainfo@nhmunicipal.org • Website: www.nhmunicipal.org New Hampshire Municipal Association Phone: 800.852.3358 (members only) NEW HAMPSHIRE TOWN AND CITY (USPS 379-620) (ISSN 0545-171X) is published 6 times a year for $25/member, $50/non-member per year, by the New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, New Hampshire 03301. All rights reserved. Advertising rates will be furnished upon application. Periodical postage paid at Concord, NH 03302. POSTMASTER: Send address changes to NEW HAMPSHIRE TOWN AND CITY, 25 Triangle Park Drive, Concord, NH 03301. NEW HAMPSHIRE TOWN AND CITY serves as a medium for exchanging ideas and information on municipal affairs for officials of New Hampshire municipalities and county governments. Subscriptions are included as part of the annual dues for New Hampshire Municipal Association membership and are based on NHMA’s subscription policy. Nothing included herein is to be construed as having the endorsement of the NHMA unless so specifically stated. Any reproduction or use of contents requires permission from the publisher. POSTMASTER: Address correction requested. © Copyright 2022 New Hampshire Municipal Association
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JANUARY/FEBRUARY 2022
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New Hampshire Municipal Association
B OA R D O F D I R E C TO R S
Shaun Mulholland -
Laura Buono - Chair Town Administrator, Hillsborough
Elizabeth Fox - Vice Chair Asst. City Manager, HR Director, Keene
Lisa Drabik - Treasurer Asst. Town Manager, Londonderry
Cheryl Lindner - Secretary Chief of Staff, Nashua
City Manager, Lebanon
Candace Bouchard City Councilor, Concord
David Caron Town Administrator, Derry
Conservation Commission, Holderness
Shelagh Connelly
Phil D’Avanza Planning Board, Goffstown
Bill Duschatko Councilor, Bedford
Jeanie Forrester Selectman, Meredith
Stephen Fournier Town Manager, Newmarket
Joanne Haight Selectboard Chairman, Sandwich
Bill Herman Town Administrator, Auburn
April Hibberd Selectman, Bethlehem
Neil Irvine Town Administrator, New Hampton
Holly Larsen Finance Director/Tax Collector, Berlin
Patrick Long Alderman, Manchester
Conner MacIver Town Administrator, Barrington
Selectman, North Hampton
Jim Michaud Chief Assessor, Hudson
Judie Milner City Manager, Franklin
Dennis Shanahan Councilor, Dover
David Stack Town Manager, Bow
David Swenson Selectman, New Durham
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NEW HAMPSHIRE TOWN AND CITY
Immediate Past Chair
Jim Maggiore -
Immediate Past Vice Chair
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THANK YOU TO OUR 2021 TOWN & CITY ADVERTISERS Avitar Associates CMA Engineers Cyber Security New England Drummond Woodsum Donahue, Tucker + Ciandella Dubois & King Gale Associates HEB Engineers, Inc. HealthTrust, Inc. Interware Development Melanson, Heath & Co, P.C. Mitchell Municipal Group, PA Municipal Resources, Inc. New Hampshire Municipal Bond Bank PFM Asset Management, LLC Preti Flaherty Primex Roberts & Greene, PLLC Underwood Engineers Upton & Hatfield, LLP Vachon Clukay & Company, PC Vision Government Solutions, Inc.
MUNICIPAL ENGINEERING Supporting NH Municipalities Since 1962
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Bedford 603-637-1043 Laconia 603-524-1166
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A Message from the
NHMA
Executive Director Margaret M.L.Byrnes
H
appy New Year! Ringing in the new year also means the start of a new legislative session and a new year of training and education for local officials. Twenty twenty-two—being an even numbered year—also means a new NHMA legislative policy process is upon us. In this issue of Town & City, you will find details about the process and how you can get involved with setting NHMA’s legislative policies for the next biennium; please also look out for email communications from us over the next few months. Some of you may be familiar with the policy process, but the new year is a great opportunity to ensure that local officials have the facts about how NHMA advocates for its members. NHMA is an organization established by municipalities, for municipalities—back to its roots in 1941, when it was founded by local officials for the purpose of exchanging information and facilitating more efficient and effective local government. As such, our advocacy is based on the policies and principles created by our members, not by NHMA staff. Furthermore, NHMA’s advocacy is non-partisan and issue-focused. Municipal issues are not partisan, and they affect the everyday lives of New Hampshire citizens: roads, public safety, voting, vital records, trash disposal, library books—and the list goes on. Over the next year, you can get involved in the process by serving on a legislative policy committee, submitting a policy proposal, or serving as your municipality’s voting delegate at the legislative policy conference next September. The committees review and vet both newly proposed policies—which any NHMA member municipality can submit—as well as NHMA’s current policies, to ultimately recommend a new set of proposed policies for the 2023-2024 biennium. These proposed policies go to the floor of the legislative policy conference—a town meeting style event—with each member municipality given one voting delegate. All policies must receive a two-thirds majority vote to be adopted. These policies drive the positions that the government affairs staff take on bills throughout the biennium. We serve as your eyes, ears, and voices in the legislature when you can’t be there—and push out timely and relevant updates throughout the legislative session in our Legislative Bulletin. But your voice matters the most. Even if you can’t get involved in the policy process this year, there are so many ways to engage and take advantage of NHMA’s services, including reading the Bulletin, submitting a letter or sending an email to a legislative comWarmest regards, mittee on a bill that would affect your community, or talking to your own representative or senator directly about issues affecting local Margaret M.L. Byrnes, government. Our collective NHMA Executive Director effort is the key to NHMA’s success. JANUARY/FEBRUARY 2022
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City Mayors Receive Russ Marcoux Award
T
he 2021 Russ Marcoux Municipal Advocate of the year award was presented at NHMA’s annual membership meeting, held on November 17 in conjunction with the NHMA Annual Conference in Manchester. NHMA’s Government Affairs Counsel, Cordell Johnston, recounted the history of the award: it was initiated in 2011 by NHMA staff as an incentive and a recognition for a local official who had made extraordinary effort in advocating on legislative issues affecting local government. The staff decided in 2011 to give the first award to Bedford town manager Russ Marcoux. Johnston explained that Russ had been a model of municipal advocacy, following legislation carefully, talking regularly to his legislative delegation, and frequently coming to Concord to testify before legislative committees. Most of all, he exhibited the “appropriate level of moral outrage” toward some of the legislation proposed every year. Sadly, Russ became ill shortly before the 2011 Annual Conference and died a few weeks later, never knowing that he had been chosen for the award. In his honor, NHMA decided the following year to name the award after him. It has been given every year since then (other than a break in 2020, when the legislative session ended abruptly before it was half over) to a local official who exemplified the Russ Marcoux tradition. NHMA Executive Director Margaret Byrnes presented this year’s award to the mayors of New Hampshire’s thirteen cities. Although the award is traditionally given to one individual, Byrnes explained that the mayors had taken the initiative to start meeting monthly over a year ago to discuss various issues, including legislation, and to collaborate on advocacy efforts. They worked on everything from the state budget to municipal immunity to housing to the Right-to-Know Law. Their efforts most likely made the difference in defeating several bills that would have harmed municipalities significantly. The group was also active in communicating with New Hampshire’s congressional delegation on issues related to COVID-19 and federal funding. Byrnes stated, “Nothing is more powerful than advocacy that comes directly from our members, and this group showed that municipal issues are shared between large and small communities. In doing so, they truly exemplified the mission and purpose of NHMA and the power of advocacy through a shared voice.” Accepting the award on behalf of all the mayors were Mayors Charlene Lovett of Claremont, Jim Bouley of Concord, Joyce Craig of Manchester, and Rick Becksted of Portsmouth. Also named in the award were Mayors Paul Grenier of Berlin, Robert Carrier of Dover, Olivia Zink of Franklin, George Hansel of Keene, Andrew Hosmer of Laconia, Timothy McNamara of Lebanon, James Donchess of Nashua, Caroline McCarley of Rochester, and Dana Hilliard of Somersworth.
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NEW HAMPSHIRE TOWN AND CITY
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HAPPENINGS 2021 Annual Conference and Exhibition Highlights Over 200 municipal officials from across the state gathered for the first time in over a year for an in-person conference, NHMA’s 80th Annual Conference and Exhibition, which was held at the DoubleTree by Hilton Downtown Manchester Hotel on November 17, 2021. This year’s conference was a welcome chance to see everyone in person. Members attended program session on a variety of topics, including the American Rescue Plan Act, broadband, housing stability, wellness trends, community power, tax-deeded property and much more. As always, NHMA’s Annual Business Meeting is held in conjunction with this annual event. At this year’s Annual Business Meeting, the 2022-2023 Board of Directors were elected. Throughout its rich history, the New Hampshire Municipal Association has been honored by the outstanding caliber of the municipal officials serving on its Board of Directors. The active participation of these dedicated and experienced municipal officials continues to be an important part of the Association’s history. The result has been many years of impressive leadership and innovation programs and services for New Hampshire’s cities and towns. NHMA’s membership elected four new members to its Board of Directors: Bill Duschatko, Councilor, Bedford April Hibberd, Selectman, Bethlehem Jim Michaud, Chief Assessor, Hudson Dennis Shanahan, Councilor, Dover In addition, five incumbent board members were reelected, including: Laura Buono, Town Administrator, Hillsborough Jeanie Forrester, Selectman, Meredith Neil Irvine, Town Administrator, New Hampton Shaun Mulholland, City Manager, Lebanon David Stack, Town Manager, Bow
Lisa Drabik, Assistant Town Manager, Londonderry Elizabeth Fox, Assistant City Manager/HR Director, Keene Stephen Fournier, Town Manager, Newmarket Joanne Haight, Selectboard Chair, Sandwich Bill Herman, Town Administrator, Auburn Cheryl Lindner, Chief of Staff, Mayor’s Office, Nashua Patrick Long, Alderman, Manchester Connor MacIver, Town Administrator, Barrington Jim Maggiore, Selectman, North Hampton Judie Milner, City Manager, Franklin David Stack, Town Manager, Bow David “Swens” Swenson, Selectman, New Durham. NHMA would like to give special thanks and recognition to our outgoing board members, namely:
Returning board members include: Candace Bouchard, Councilor, Concord Dave Caron, Town Administrator, Derry Shelagh Connelly, Conservation Commission, Holderness Phil D’Avanza, Planning Board, Goffstown
Butch Burbank, Town Manager, Lincoln Pam Laflamme, Community Development Director, Berlin Hal Lynde, Selectman, Pelham Donna Nashawaty, Town Manager, Sunapee Eric Stohl, Selectman, Columbia
Transportation | Water& Wastewater | Solid Waste | Structural
CMA
ENGINEERS
pursue excellence PORTSMOUTH, NH | MANCHESTER, NH | PORTLAND, ME www.cmaengineers.com
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JANUARY/FEBRUARY 2022
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HAPPENINGS from page 5
NHMA’s 80th Annual Conference and Exhibition: Door Prize Winners
NHMA Offers Customized “On-Demand” Training Services Thanks to COVID19, we’re doing things a little differently with our “On-Demands” training. Instead of having a legal services attorney travel to your city or town, we’re now offering “OnDemands” as virtual presentations via the Teams or Zoom platform.
Wednesday, November 17th Grand Prize Complimentary OnDemand, 2 Complimentary 2022 NHMA Annual Conference Registrations and 2 Complimentary 2022 Workshop Registrations Diane Kendall, Town of Newbury
Attendees would log in to the training program from the comfort of their home or office and attend virtually, with the ability to ask live questions of the presenting attorney. Please contact us at legalinquiries@nhmunicipal.org for more information! NHMA will offer this alternative method of training on a date and time that would be suitable for your board and staff, and you could always invite surrounding member municipalities to participate and contribute to the total cost. The cost is: $400.00 for a 2-hour, virtual On Demand (1 attorney); $550.00 for a 2-hour, in-person OnDemand (1 attorney); and $725.00 for a 3-hour, in person On-Demand for law enforcement (two attorneys).
Exhibitor Card-$25 Visa gift card Kristina Ostman, Town of Hampton Thursday, November 18th Hide and Seek-$25 Visa gift card Taryn Lambert, City of Rochester Photo Contest-Best Workstation-$25 Visa gift card Debra Doda, Town of Chester Photo Contest-Yummiest Looking Lunch-$25 Visa gift card Sarah Gerlack, Town of Boscawen Friday, November 19th Hide and Seek-$25 Visa gift card Crayton Brubaker, City of Concord Photo Contest-Favorite Mug-$25 Visa gift card Alvina Snegach, Town of Bow Leaderboard Contest-$25 Visa gift card Naomi Bolton, Town of Weare
If interested, please download fillable PDF On-Demand Order form on our website and follow instructions.
November 16-17 2022
81st Annual Conference and Exposition DoubleTree by Hilton Downtown Manchester Hotel
SAVE THESE DATES
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NEW HAMPSHIRE TOWN AND CITY
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New Federal Regulations for Individuals Seeking Commercial Driver License Effective February 7, 2022 Effective February 7, 2022, individuals seeking a commercial driver license in the State of New Hampshire will be required to complete theory and behind-the-wheel training as described in the Federal Motor Carrier Safety regulations (FMCSR’s) Part 380. This new requirement applies to CDL applicants: Obtaining a Class A or B CDL for the first time; or Upgrading an existing Class B CDL; or Obtaining a school bus (S), passenger (P), or hazardous materials (H) endorsement for the first time The Entry-Level Driver Training regulations are not retroactive and they do not apply to individuals that previously held a CDL or currently hold a valid CDL, CLP and/or an S, P, or H endorsement. Applicants who meet any of the exceptions listed in Part 383.3, for taking a skills test or holding a CDL are exempted from the Entry-Level Driver Training requirements. In February 2022, applicants will be able to search for a training provider listed on the Training Provider Register to complete their required entry-level driver training. Only training providers who have registered with FMCSA will appear on this list. When registering, training providers will be required to self-certify that they meet all the Federal requirements in the entry-level driver training (ELDT) regulations, as well as any applicable State requirements. Training Provider Registry - https://tpr.fmcsa.dot.gov/ Training Provider Registration and Resource Materials https://tpr.fmcsa.dot.gov/Provider Frequently Asked Questions - https://tpr.fmcsa.dot.gov/FAQ ELDT Training Minimum Federal Curricula Requirements - https://tpr.fmcsa.dot.gov/content/Resources/ELDT-Curriculum-Summary_508.pdf If you have questions please email Tim White, State Programs Specialist, New Hampshire Division, Federal Motor Carrier Safety Administration, United State Department of Transportation via email at tim.white@dot.gov or by phone 603-856-4152.
$50,000 Local Opportunity Grant Available for Cities and Towns About the Program The Locality Equipment Purchase Program provides support of up to $50,000 per New Hampshire locality (cities and towns) for purchasing safety and emergency equipment needed as a result of or in response to the health crisis and its negative effects. Among other things, that could include equipment needed in response to personnel shortages related to the health crisis. All reimbursed costs have to be allowable expenses under the American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Fund. In order to obtain this benefit, cities and towns (hereinafter “localities”) must apply for the matching grant by June 3, 2022 and must have acquired the equipment by December www.nhmunicipal.org
31, 2022. If an award is made, approval by Governor and Council will be required. Eligibility: This program is open to New Hampshire cities and towns. Each locality will be eligible for a grant up $50,000. A 10% match by the locality is required. To obtain the maximum $50,000 award a locality will need to acquire eligible equipment with a total cost of at least $55,556. You would need to hold a public hearing to accept the funds as unanticipated and in order to spend the 10% municipal match, the match funds must be lawfully appropriated for the same purpose. For more information: https://www.goferr.nh.gov/covidexpenditures/locality-equipment-purchase-program JANUARY/FEBRUARY 2022
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HAPPENINGS from page 7
Sign Up for a .gov Domain - Information for Election Officials Using a .gov domain for your online services helps the public quickly identify your website as a trusted government source. This is different from other well-known TLDs, where anyone in the world can register for a fee. Malicious actors know this, and have sought to impersonate election organizations using non .gov domains.
Learn More About CISA Assessments The CISA Assessments team supports Federal, State, Local, Tribal and Territorial Governments and Critical Infrastructure partners by providing proactive testing and assessment services. The team also provides an objective third-party perspective of stakeholder operational cybersecurity posture and identifies security control strengths and weaknesses. CISA Assessments aggregates these insights into actionable reports that champion the implementation of mitigations and controls capable of positive impact toward overall risk reduction. CISA Cyber Essentials is our guide for entities just starting out with cybersecurity. Our Cyber Essentials website contains a number of resources, toolkits, and a starter kit. We also have a one hour training course and 45 minutes pre-recorded webinar. • CISA Cyber Essentials Website: Cyber Essentials | CISA • CISA Cyber Essentials 1 Hour Training Course: CISA – Cyber Essentials – FedVTE Course • CISA Cyber Essentials Recorded Webinar: CISA WEBINAR - Cyber Essentials - YouTube Check out the following availability of free training for municipal employees.
• FedVTE: https://fedvte.usalearning.gov/ • DOD Center for Development of Security Excellence (CDSE): https://cdse.usalearning.gov/login/index.php • Other CISA Training and Exercise Resources: https://www.cisa.gov/cybersecurity-training-exercises • .GOV: Attached is the latest fact sheet on the benefits of transitioning to a .gov domain. This fact sheet is geared towards elections officials, but the benefits and content is widely applicable to any local government. • Registration Steps to a .GOV Domain: https://home.dotgov.gov/registration/ • CISA Protective Security Resources: https://www.cisa.gov/hometown-security For more information: Richard F. Rossi, Cybersecurity Advisor – New Hampshire Cybersecurity and Infrastructure Security Agency U.S. Department of Homeland Security Mobile: 202-770-8991 | Email: richard.rossi@cisa.dhs.gov 8
NEW HAMPSHIRE TOWN AND CITY
Report a Cyber Issue: https://us-cert.cisa.gov/report or (888) 282-0870 CISA Cybersecurity: CYBERSECURITY CISA Cyber Resources: Cyber Resource Hub www.nhmunicipal.org
Upcoming
Events
For more information or to register for an event, visit our online Calendar of Events at www.nhmunicipal.org. If you have any questions, please contact us at nhmaregistrations@nhmunicipal.org.
JANUARY NHMA Webinar: 2022 Legislative Preview: Raise Your Hometown Voices! 12:00 noon – 1:00 pm Tuesday, January 4 NHMA Workshop: 2022 Town and School Moderator’s SB2 Workshop 9:00 am – 1:30 pm Saturday, January 8 (snow date January 15) In-person attendance/$65.00: 25 Triangle Park Drive, Concord Virtual attendance/$55.00: via Zoom Martin Luther King/Civil Rights Day (NHMA Offices closed) Monday, January 17 NHMA Webinar: The Do’s and Don’ts of Electioneering 12:00 noon – 1:00 pm Wednesday, January 19 NHMA Board of Director’s Meeting 9:00 am – 11:00 am Friday January 21 Right-to-Know Law for Law Enforcement Hybrid Workshop 9:00 am – 12:00 pm Thursday, January 27 In-person attendance/$65.00: 25 Triangle Park Drive, Concord Virtual attendance: $55.00: via Zoom
FEBRUARY NHMA Workshop: 2022 Town and School Moderator’s Traditional Town Workshop 9:00 am – 1:30 pm Saturday, February 12 (snow date February 19) In-person attendance/$65.00: 25 Triangle Park Drive, Concord Virtual attendance/$55.00: via Zoom NHMA Board of Director’s Meeting 9:00 am – 11:00 am Friday February 18 President’s Day (NHMA Offices closed) Monday, February 21 Please visit NHMA’s website @ www.nhmunicipal.org frequently for the most up-to-date event and training information. Thank you.
www.nhmunicipal.org
JANUARY/FEBRUARY 2022
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Vote Counting: 1990’s or 2020’s Technology By Peter Basiliere, Moderator, Town of Milford, New Hampshire
A
utomobiles and vote-counting machines have one thing in common. They are critical pieces of equipment that need more care and attention as they age. And yet, while few of us drive 30-year-old cars on essential trips, many of us rely on 30-year-old technology to count votes. Cars built before the turn of the century do not have the same features as new cars do. Older cars operate less efficiently and have fewer safety features than new cars. That’s why parents don’t let their newly licensed children drive old beaters - an inexperienced teenager driving a car with mechanical issues could spell disaster. New Hampshire cities and towns began using AccuVote ballot counting devices (tabulators) in 1990, the manufacturer stopped making the tabulators in 2007. The fact that any AccuVotes are even running today is a tribute to the resourcefulness and security practices of the few companies nationwide, such as LHS Associates (Salem NH), that maintain them. Sure, AccuVote tabulators are serviceable, and technicians cannibalize mechanical parts and salvage ballot readers from other machines. But there are two significant potential issues with AccuVote tabulators. First, their software has not been updated in more than a decade. Fortunately, the onboard firmware, physically burned onto EPROM memory chips, does not fail. However, the chips are 1980s technology, so their contact leads are old and batteries may fail. Second, the software that enables the tabulator to read the ballots and timing marks is based on Windows XP technology. In other words, the software to layout and print the machine-readable marks relies on Windows operating software that Microsoft abandoned seven years ago, with a limited commercial extension. Think about that. 10
NEW HAMPSHIRE TOWN AND CITY
Back to the auto analogy, you could be driving a 30-year-old car, and that may meet your needs. You may live near downtown with its retailers, medical facilities, and other essential services. If the car breaks down, you walk to get whatever you need. Similarly, some communities may think, “Well, if the AccuVote machine doesn’t work, then we will just count ballots by hand.” But what if you live on the outskirts of town? What if walking a few miles is not an option? With upwards of 15,000 voters at their polling places, Milford and other large towns cannot practically count ballots by hand. Present election law stipulates the counting begin immediately after the polls close “and shall not be adjourned nor postponed until it shall have been completed.” Imagine asking volunteers to return to the polls at 8:30 p.m., after the polls close, to spend the night counting thousands of ballots with multiple races and warrant articles! And requiring clerks and moderators, who have been at the polls since 5:30 a.m., to manage the overnight hand-counting process. The 2022 midterm elections will generate significant voter interest. And you will agree that, regardless of the nominees, the 2024 presidential primary and general election could be just a contentious as the 2020 election was. New Hampshire must get the counts right. As town moderator, I strive to ensure Milford’s elections are safe, secure, and trustworthy. I am not alone, nor would I want to be! Our town clerk, select board, supervisors of the checklist, and other election workers are a team focused on those three critical capabilities. Safety includes the physical polling place and the health and well-being of everyone who works there or passes through. Security means implementing the election processes that the state has honed over many decades, ensuring voter confidentiality, and enabling an audit trail to resolve anomalies that may crop up. Trustworthiness is all about voter confidence that their ballot was counted, counted once, and included in an accurate tally of the election results.
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Safety • The device must be easy to transport, move, and lift. • The design must enable access by people with disabilities to insert their ballots and for election officials to troubleshoot the tabulator. • The bins holding cast ballots must be deep enough to hold several hundred ballots.
Security • The tabulator must not have Bluetooth, wireless, or internet connectivity.
Are the AccuVotes up to their role in safe, secure, and trustworthy elections? Yes, they are. LHS keeps Milford’s machines well-maintained. The Secretary of State’s (SOS) personnel and LHS still design ballot layouts and then program the AccuVotes to read ballots. But for how long? Through 2022 local and state elections? The 2023 local elections? The 2024 Presidential Primary? The 2024 local, state, and national elections? For polling places with hundreds or thousands of voters? Will a debacle such as the 2020 Iowa caucus counts happen here if some of the AccuVote machines fail catastrophically? While capabilities vary by vendor, today’s vote-counting technology goes well beyond reading and tallying filledin ovals. Tabulators capture and store an image of both sides of each ballot, and they read the voters’ selections and
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add them accordingly. If enabled, the machine will alert the voter to underand over-votes. Two people can count write-ins by looking at a monitor instead of flipping through stacks of ballots. Programming can be done once for standard and handicap-accessible tabulators manufactured by the same vendor. Most importantly, the paper ballot remains the source document and is available for manual review and counting at any time. The four major tabulator companies in the US are Clear Ballot Group, Dominion Voting Systems, Election Systems & Software, and Hart InterCivic. The selection of one or more tabulators involves an assessment of their hardware, software and security capabilities, the details of which are too extensive for me to cover in this article. Among the evaluation criteria are a focus on voter- and election worker usability, as well as safety, security, and trustworthiness:
• The tabulator must have advanced security features, such as requiring both a physical key and unique password for election officials to use. • The device incorporates digital storage of ballot images and vote counts, including how the tabulator interpreted the votes, on encrypted memory cards.
Trustworthiness • The tabulator separates write-in ballots from the rest of the ballots. • The monitor used by election officials and voters is small enough to ensure confidentiality and large enough for clarity. • The slot into which voters place their ballots and the tabulator’s security features are visible to election officials. • The programming for reading ballots can be copied to an accessible tabulator without being recreated.
JANUARY/FEBRUARY 2022
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VOTE COUNTING from page 11
Other Criteria • The machine must handle folded ballots without jamming. • Folded ballots must lie flat in the storage bin. • The price must be competitive with other manufacturers’ devices. • Service contracts must be available and competitively priced. • Rapid on-site and phone service must be available. Again, additional requirements go into the selection of a vote-counting machine.
Given the AccuVote machines’ age, we must have a secure and trustworthy alternative before the February 2024 Presidential primary election. New Hampshire election law leaves tabulating machine selection to the town or city. Those communities must select a machine approved by the Ballot Law Commission (BLC). In September Milford's five-member Board of Selectmen unanimously voted to ask the BLC to approve Dominion's ImageCast Precinct tabulator (sold by LHS) last fall. The Commission approved the request in December, meaning the devices will be used in Milford's elections beginning in March 2022.
and I maintain the car, and I take it to high-performance driving schools held at NH Motor Speedway and elsewhere. For now, my antique car performs well, but not nearly as well as the late model sports cars do. I must decide whether to continue maintaining it or invest in another vehicle. With the BLC's approval, the state has taken an important step to ensure the integrity of our elections does not rely on outdated AccuVote technology. Peter Basiliere is the moderator in the Town of Milford, New Hampshire.
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The Role of Municipalities in Preventing Childhood Lead Exposures By Tom Irwin, Vice President and Director of CLF New Hampshire Stephan Maranian, 2021 Cavers Intern, CLF New Hampshire Philip Harrison Elbert, Fellow, CLF New Hampshire
I
t is well known that lead is highly toxic and harmful to people, especially children. Unfortunately, because of its aging housing stock, New Hampshire is experiencing childhood lead poisoning at a rate nearly twice the national average. Among the several hundred documented cases of lead poisoning each year in the Granite State, it is estimated that a significant number of children are poisoned as a result of unsafe renovation, repair, or painting activities. While the U.S. Environmental Protection Agency (“EPA”) has established a federal regulatory program to prevent unsafe practices and associated lead exposures, municipalities can play a critical role in improving local compliance with that program and, in the process, protecting the health of our children. This article discusses important steps municipalities can and should take to help address New Hampshire’s lead crisis.
New Hampshire has a Lead Problem, and It’s Putting Children at Risk More than sixty percent of New Hampshire’s housing stock was built before 1978, the year when lead-based paint was prohibited.i Although New Hampshire recently made progress strengthening its lead laws – for example, by requiring all one- and two-year-old children to be tested for lead, and by establishing a more protective regulatory action level to investigate and address cases of lead poisoning – preventing children from being exposed to lead remains a challenge. Exposures to lead often happen as a result of common lead hazards, such as peeling, chipping paint, and friction points, such as windows and doors, that generate nearly invisible lead dust from surfaces containing lead-based paint.ii But exposures also happen as a result of unsafe renovation, repair, and painting practices that disturb lead-based paint, creating dangerous conditions for children and families. In fact, it is estimated that one out of every three cases of childhood lead poisoning in New Hampshire may be caused by practices that are not lead-safe. An important way to prevent childhood lead poisoning is to ensure that contractors 14
NEW HAMPSHIRE TOWN AND CITY
follow lead-safe practices, as required by the EPA’s Renovation, Repair, and Painting regulatory program.
EPA’s Renovation, Repair, and Painting Regulatory Program In 2008, the EPA established the Renovation, Repair, and Painting (“RRP”) regulatory program, which requires contractors (including painters, renovators, and electricians) and landlords to be trained and certified in lead-safe practices to lawfully work on projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978.iii EPA administers and enforces RRP from its regional offices throughout the country and has authorized a small number of states to administer and enforce their own RRP programs.iv New Hampshire has not sought authorization to establish its own RRP program. Accordingly, EPA administers and enforces the RRP Rule from its Region 1 office in Boston.v Given the large geographic scope of EPA’s responsibilities under the RRP Rule, municipal officials – with their on-the-ground presence and interactions with the contractor community – can and should serve an important role in improving local compliance with the RRP program and, in the process, preventing cases of childhood lead poisoning.
The Municipal Permitting Process Provides A Key Opportunity to Improve RRP Compliance Through the local building permit process, municipal officials are uniquely positioned to know, and interact with, the local contractor community. One of the easiest actions a municipality can take to combat unsafe lead practices is to require contractors, in applying for building permits, to verify that they are RRP certified.vi This simple requirement – specifically, requiring building permit applicants to provide the RRP certification number of relevant contractors on the project – ensures that contractors working on projects which pose a lead-poisoning risk are properly trained in accordance with the RRP Rule. The Town of Sugar Hill, New Hampshire has taken this important step, requiring building www.nhmunicipal.org
permit applications to include RRP certification numbers for either the firm or individual working on the project.vii This requirement does not add to contractors’ existing regulatory obligations. Rather, it simply uses an important transaction point – application for a local building permit – to ensure contractors are aware of the RRP Rule and have obtained the required training and certification in lead-safe practices.viii In addition to improving RRP compliance and preventing cases of childhood lead poisoning, incorporating proof of RRP certification in municipal building permit applications evens the playing field within the contractor community. Specifically, it ensures that contractors who are complying with the law are not forced to compete with contractors who, by not following lead-safe precautions, may offer lower-cost services.ix
Speaking to the importance and value of this simple step that municipalities can take, the code enforcement manager for Rochester, New York (a city nationally recognized as a pioneer in local action to prevent lead poisoning) has stated: “One of the smartest things we ever did was put on our permit applications the requirements for the RRP certification.”x In addition to this simple action, municipalities can engage in targeted outreach to contractors, as well as to the owners of rental properties suspected to contain lead-based paint, and provide subsidized or free RRP trainings.
Health Officers Can and Should Help Prevent Lead Poisoning and Improve RRP Compliance Health officers possess broad powers to protect the health and safety of the people in their community by enforcing local health ordinances and
addressing nuisances.xi Not surprisingly, they are considered by the NH Department of Health and Human Services to be important partners in addressing the problem of childhood lead poisoning.xii Given the geographically remote nature of EPA’s RRP enforcement staff, municipal health officers can serve as onthe-ground “eyes and ears” with respect to RRP compliance. Specifically, EPA relies on local observers to alert them to RRP violations; consistent with this need, the Department of Health and Human Services encourages municipal health officers to collaborate with the EPA to “report and stop activities occurring in violation of the Renovation, Repair and Painting Rule.”xiii In at least one community, the city of Portsmouth, health officers regularly exercise their powers to stop projects that are not complying with RRP and jeopardizing the public health.
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LEAD EXPOSURES from page 15 Complaints about lead-based paint violations are treated as priority calls in Portsmouth, resulting in an immediate visit to the site by the city’s code enforcement officer and, when lead-safe requirements are not being followed, an order to stop the project and clean up paint chips or other sources of lead exposure and notification to the EPA. xiv
More municipalities and health officers should follow the City of Portsmouth’s approach – exercising their authority to stop projects that are putting the health of children and families at risk and notifying EPA of RRP violations in need of enforcement. (EPA’s tip line is (617) 918-8477) Of course, to be most effective in this role, health officers themselves should be trained under the RRP program. As is the case
with contractors, RRP training consists of a single, 8-hour course from an accredited trainer. The cost from one such trainer in New Hampshire is just $240, and scholarships may be available to municipal officials for a reduced fee.
Tackling Childhood Lead Poisoning Together Preventing childhood lead poisoning is no easy feat, especially in a state like New Hampshire with a large proportion of pre-1978 housing. Rather, it’s a challenge requiring multiple solutions at multiple levels of government – federal, state, and local. While one might think local communities can have no impact on the EPA’s RRP regulatory program, municipalities can – and should – take action to prevent lead exposures from unsafe renovation, repair, and painting practices.
Through building permit applications and the training and involvement of health officers, New Hampshire cities and towns can help ensure lead-safe practices and, in the process, help secure a brighter future for our kids. Tom Irwin is Vice President and Director of Conservation Law Foundation New Hampshire. Having joined CLF in 1998, Tom has led a number of advocacy initiatives in New Hampshire over the years, including CLF’s initiative to tackle the problem of childhood lead poisoning. He may be reached by phone at 603.573.9139 or via email at tirwin@ clf.org. Stephan Maranian is a student at Suffolk University Law School (J.D. Candidate 2023), where he serves as president of the Environmental Law Society. He was CLF New Hampshire’s Cavers Intern during the summer of 2021.
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Philip Harrison Elbert graduated from Vanderbilt Law School in 2021. He is currently an intern at CLF New Hampshire through Vanderbilt Law School’s Public Service Pathways Fellowship. DHHS, Healthy Homes and Lead Poisoning Prevention Program (2016), https://www.dhhs.nh.gov/dphs/bchs/ clpp/.
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While many people perceive lead to be an issue of the past, approximately 24 million housing units in the United States have significant lead-based paint hazards. See Centers for Disease Control and Prevention, Childhood Lead Poisoning Prevention (2020), https:// www.cdc.gov/nceh/lead/prevention/ sources/paint.htm
vi
Alice Kreher, Lead-Safe Renovation, Repair, and Painting Activities in New York State: Analysis of the Proposal for State Management of the RRP Rule, Community Foundation for Greater Buffalo (2020) https://ppgbuffalo.org/ files/documents/lead_rrp_activities_ in_nys.pdf National Center for Healthy Housing, States Authorized by EPA to Manage
www.nhmunicipal.org
National Center for Health Housing, Lead Legal Strategies Partnership Technical Assistance Tool Opportunities to Strengthen Local Lead-Related Policies: RRP Certification (2020) https://nchh.org/resource-library/ technical-assistance_opportunities-tostrengthen-local-lead-related-policies_ rrp-certification.pdf. Sugar Hill, N.H., Building Permit Application (2021).
vii
2020 Lead Exposure in New Hampshire, Data Brief, p. 4 ( HYPERLINK "https://nam11.safelinks.protection. outlook.com/?url=https%3A%2F %2Furldefense.com%2Fv3%2F__ https%3A%2Fleadfreekidsnh.org%2 Fwp‑content%2Fuploads%2F2021% 2F12%2F2020-AAG-FINAL-DIGITAL.pdf__%3B!!Oai6dtTQULp8S w!Fadw20mnncP8Qd_5UyAo0Om TXZHlSQL1ycWcygNU7oVA6apvf Cp2g2aGUFfx9Qy1VTcqRmk%24 &data=04%7C01%7Ctirwin%40clf. org%7Cd4a7f4fcd61946cacfd708d9b f09a575%7Cbbc649c6b39a4032ae6 7114be0f7620c%7C1%7C0%7C637 750870449072707%7CUnknown% 7CTWFpbGZsb3d8eyJWIjoiMC4w LjAwMDAiLCJQIjoiV2luMzIiLCJB TiI6Ik1haWwiLCJXVCI6Mn0%3D %7C3000&sdata=k88bEwFMa4YXj BrEiy9Mt%2BtfMo%2B8z508dLZa5 %2FJjBkg%3D&reserved=0" https:// leadfreekidsnh.org/wp-content/ uploads/2021/12/2020-AAG-FINALDIGITAL.pdf ).
the RRP Rule (last visited Nov. 30, 2021) https://nchh.org/informationand-evidence/healthy-housing-policy/ national/keystone-federal-policy/rrp/ authorized-states/#:~:text=EPA%20 has%20delegated%20authority%20to,Georgia%2C%20 Oklahoma%2C%20and%20Delaware.
Amanda Reddy, How Municipalities Can Leverage RRP Requirements to Advance Lead Poisoning Prevention, National Center for Healthy Housing (2021) https://nchh.org/2021/02/ how-municipalities-can-leverage-rrprequirements-to-advance-lead-poisoning-prevention/.
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ix x xi
Id.
the health and safety of the people require”). Similarly City Council health authority can be found in: RSA 47:17-XIV (“The city councils shall have power to…abate and remove nuisances”). Although the statutes refer only to towns, New Hampshire cities are given “all the powers vested by law in towns.” NH Municipal Ass’n, “Knowing the Territory: a Survey of Municipal Law for New Hampshire Local Officials,” 21 (2020). In the public health context, this means that city councils are given all of the powers that the statutes otherwise give town health officers, and differ only because city councils themselves determine the structure and organization of the health boards/officers for the city rather than following the guidelines of the NH Department of Health and Human Services. NH DHHS, Lead Poisoning & Housing, 1, Health Officer Manual (2021) (“The role of the health officer is to ensure that sanitary conditions are present in rental homes, neighborhoods, schools and other public or private locations”).
xii
NH DHHS, Lead Poisoning & Housing, 1, Health Officer Manual (2021)
xiii
Id.
See, e.g. Jeff McMenemy, City notifies EPA of lead paint infractions, Seacoast Online, (July 29, 2014) https://www. seacoastonline.com/article/20140729/ NEWS/407290369
xiv
Town Health Officer statutory authority can be found in: RSA 128:5 (“the Town Health Officer shall enforce the public health laws and rules”); RSA 147:1 (“The health officers of towns may make regulations for the prevention and removal of nuisances, and such other regulations relating to the public health as in their judgment
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2022 Legislative Preview: Time to Raise Your Hometown Voices By Natch Greyes, Governmental Affairs Counsel
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nd so, we begin the second year of the two-year legislative term. It’s early yet but having now digested the bill titles that were released in the fall, it’s fair to say that it’s shaping up to be a session very similar to last year. Once again, we can expect to be on the defensive throughout the 2022 term. There are a few bills of particular note on that front: HB 1033 is the most concerning of these bills. It would prohibit recipients of state or local grants or appropriations from using such funds for lobbying. In short, it is intended to significantly encumber the ability of local officials to engage in the legislative process. Obviously, killing this bill is one of our top priorities. HB 1073 would repeal the exemption added into the Rightto-Know Law last year protecting attorney-client privileged and attorney-work product information from disclosure under the Right-to-Know Law. As this exemption ensures that municipalities – and other public entities – can rely on having the same relationship with their attorney as any other organization, we are hopeful that this bill will also be killed. SB 249 which would prohibit local zoning ordinances from prohibiting or regulating short-term rentals. As many of our members in vacation hotspots can attest, the proliferation of short-term rentals has caused significant problems ranging from stymying business due to lack of long-term housing for employees to noise-and-party issues taking up significant police time to a reduction in town populations, leaving fewer people available to take up the mantel of volunteer civic service in local government. When the COVID pandemic hit in the spring of 2020, several New Hampshire towns were overrun by people fleeing Boston and New York and taking up residence in short-term rentals, potentially contributing to greater community spread. This bill would inhibit towns’ ability to prevent such invasions. 18
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HB 1494 would exempt phone and cable companies from paying property taxes on their use of public rights-of-way. That would be a significant hit to the municipal tax base and cause an immediate need to increase property taxes paid by residents in order to maintain municipal services. There are also a slew of election related bills that are of great concern. Among them is HB 1064, which, among other things, would prohibit the use of electronic ballot-counting devices. In other words, all ballots would have to be handcounted. Can you imagine being a moderator, town clerk, or other election official in a town with several thousand ballots? It could take days to do an initial count of all of the various items listed on a ballot. HB 1064 highlights the need for moderators, town clerks, and other local election officials to educate their legislators about the election process and how cumbersome it would become if some of these bills become law. But not all is dark in the months ahead. There are some rays of light springing forth, and we are hopeful that these bills will accomplish something good for municipalities. Some highlights that caught our attention include: HB 1134 establishes a commission to study the labeling and disposal of not-actually-disposable-but-incorrectly-labeledas-such wipes. As any wastewater treatment facility operator will tell you, flushed wipes are creating significant problems for wastewater systems, resulting in significant expenditures to clear clogs and clean equipment that would otherwise not need to be serviced. A commission geared toward plunging the problem toward a solution would be quite welcome. HB 1024 grants local authorities the ability to reduce the speed limit within any business or urban residence district to 10 miles-per-hour. Currently, the limit in these areas may only be reduced to 25 miles-per-hour, much to the chagrin of many of our members. Greater flexibility for local officials to www.nhmunicipal.org
respond to local needs is always a good thing. HB 398 & HB 412 provide funding for water and wastewater projects. The more important of these bills is HB 398, which would appropriate monies to fund the 11 wastewater treatment projects that were originally slated to receive state aid grant funding in the previous biennium, but saw their funding suspended due to uncertainty surrounding the state budget during the initial wave of the pandemic. (This is important as municipalities cannot use ARPA funds for water and sewer projects completed prior to March 3, 2021.) HB 398 would also provide funding to 110 new projects that have been identified by the Department of Environment Services as projects which will be complete and eligible for grant funding over the current biennium. HB 1014, SB 322 & SB 384 all relate to remote public meetings. This is an issue that turned out to be a politically contentious one last year in the House despite widespread support among our membership and other public entities. While we still urge you to educate your representatives on the usefulness of remote meetings, we are heartened by so many bills being filed relative to giving public bodies more remote options. Of course, our opinions on bills can change as we hear more during public testimony and amendments are offered. One bill that stood out to us as an uncertainty this session is HB 1008. It proposes establishing a commission to study the “the structure and election calendar of New Hampshire municipal government.” If this is simply a municipal elections timeline commission, that could be very useful. NHMA’s Legal Services Department spends a good two weeks every summer trying to decipher the arcane www.nhmunicipal.org
and difficult-to-map law surrounding town meeting due dates to create our town meeting calendars for our members, so we welcome a simplification of that process. But, if this bill actually means to study “the structure… of New Hampshire municipal government,” well, then, that is a different matter. While we’re not entirely sure what to make of the bill at this point, we are concerned that it does not include a local official representative. That highlights one of the difficulties of examining bills. Sometimes, they have good intentions, but those intentions are not quite translated into useful action. Take, for example, HB 1087. It’s basically a rewrite of a bill from last year. The intent is clearly to encourage higher density housing where public water and sewer exist, but as a practical matter it probably won’t have much of an effect on the housing shortage. The reason is that it doesn’t provide a carrot – e.g., state funding for expansion of public water and sewer and upgrades to the associated facilities – but only a stick – if your municipality was thinking of expanding public water and sewer, it’ll now be subject to a new state-wide zoning mandate for minimum lot size. In other words, the bill wants to do something good – encourage increased density of housing to help ease
the housing shortage and, possibility, the issue of building houses utilizing private wells where contaminants may exist in ground water – but the way it goes about it may well result in less development because expansion of municipal water and wastewater systems suddenly undermines local decisions as to land uses. So, it ends up being bad on a policy standpoint independently of its implementation of a statewide zoning mandate (which we oppose). Fortunately, we know from long experience that the best way to get legislators to understand the effects of policies such as these is to get them to hear from our members. That’s why we publish the Legislative Bulletin. It’s not only to keep our members informed, but also to give them the opportunity to know when a particular idea – bad or good – has floated into view for your local legislators. That’s often the key moment – when the shape of the bill is a bit like a Fata Morgana hovering above the legislature’s week – for advocacy work to be most effective. Natch Greyes is the Government Affairs Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at governmentaffairs@nhmunicipal.org. JANUARY/FEBRUARY 2022
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Take Advantage of Local Renewable Hydropower for Your Municipality HB 315 Underscores Significant Opportunity for Your Community to Benefit from Participation By Jack Martell, Renewable Program Manager, Freedom Energy Logistics
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s a municipality in New Hampshire, you have a tremendous opportunity to benefit by getting paid for using electricity. Even better, renewable power that can support your city or town’s sustainability initiatives and increase local renewable generation. There is nothing to buy and nothing to install. You’re likely aware by now that on August 26, 2021, Governor Sununu signed HB 315. Under this bill, the New Hampshire legislature expanded group net metering to include qualifying renewable generators that can produce between one and five megawatts per hour, so long as they sell their output to municipal entities such as towns, cities, school districts, charter schools and counties. Utilities are forced to buy the generator’s output at the standard offer rate, which is about double what these generators were getting in the open market. To qualify for this benefit however, the generators are required to partner with a municipality (town or city), school district, charter school, county or entity that is funded by the municipality. The net metering expansion is poised to benefit both renew-
able energy generators and municipal energy users alike. By pairing with a local renewable generator, New Hampshire municipalities can realize significant energy cost savings while supporting local renewable resources. The renewable generation facility does not have to be physically located on the municipality’s premises, and if the facility was built and in service prior to January 1, 2021, can be located anywhere within the applicable utility territory. Expanding the net metering limit to 5MW makes large scale renewable energy projects financially viable due to generous utility incentives and will create a significant injection of renewable energy into New Hampshire’s utility infrastructure, increasing system resiliency and reducing carbon emissions. Under HB315, receiving the net metering benefits of local renewable energy projects is financially risk free. In addition, it does not require behavioral changes from municipalities. When a municipality enrolls as a member in an eligible project, it allows the renewable asset to receive standard offer payment for the generated electricity offset by the municipality, providing a significant economic boost to these projects.
What is Group Net Metering? • Group Net Metering (GNM) is a virtual crediting system that allows energy users to support and benefit from local renewable energy generators not physically connected to your electricity meter. • In New Hampshire, renewable generators that send electricity to the grid need off-takers associated with their generation to receive standard offer payment for their electricity. • Payments in a group net metering arrangement can vary widely, are typically $0.005/kwh. • Includes renewables such as: hydropower, solar, and wind.
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NEW HAMPSHIRE TOWN AND CITY
www.nhmunicipal.org
Hydro Group Net Metering Benefits
Hydro: Renewable Energy And One Of The Oldest Resources For Generating Power
• Existing, consistent sources of electricity located throughout NH • Hydro off-taker group can be located anywhere within utility service territory • Typically incorporates more favorable payment terms to group members • Short term off-take commitment, average of 5 years
To incentivize participation, local generators are willing to share the financial benefits with their offtake group, helping reduce energy costs.
Photo courtesy of Central Rivers Power.
Did you realize that hydro is one of the oldest sources of energy for producing power?
Put simply, your city, town, or municipal organization continues to use electricity as it already does, and pending contract terms, receives an annual payment for your participation.
Until just two years ago, hydropower accounted for the largest source of total annual U.S. renewable electricity generation. In 2020, hydro power was approximately 7.3% of total U.S. utility-scale electricity generation and 37% of total utility-scale renewable electricity generation. As you can see in the image below, the hydro’s share of total U.S. electricity generation has decreased over time, primarily due to increases in electricity generation from other sources.1
Administration of Net Metering for Hydro Assets in New Hampshire
Hydropower is a zero-carbon energy resource and today provides clean renewable energy to millions of homes and facilities. Its flexibility as a dispatchable resource is an important attribute particularly as other newer renewable energy resources such as solar and wind are supporting increasing shares of generation for the grid.
Freedom Energy Logistics, an energy advisory headquartered in Auburn, was selected by Central Rivers Power (CRP)1 as the group net metering administrator for four of its hydro assets interconnected in New Hampshire.
According to EIA, about 20% of the country’s electricity generation in 2020 was generated from a variety of renewable energy sources including for example, solar, wind, geothermal, biomass, and hydro.2
The portfolio, which produces approximately 40,000 megawatt hours of renewable electricity per year, includes Gorham Hydro, Canaan Hydro, Jackman Hydro, and Hooksett Hydro each located in towns of Gorham, Stewartstown, Hillsborough, and Hooksett respectively. As your net metering administrator, Freedom interfaces with hydro generators, creates the group with the PUC, reports on group member usage to the applicable utilities, and administers payments to the participating group members. www.nhmunicipal.org
It’s critical to leverage all forms of renewable resources in support of decarbonizing the grid, and hydro is one of the vital components.
https://www.centralriverspower. com/crp-selects-freedom-energylogistics
1
https://www.eia.gov/energyexplained/hydropower/
2
JANUARY/FEBRUARY 2022
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HYDROPOWER from page 21 Freedom is responsible for administration and subscription of the CRP net metering group and is delighted to extend the program benefits and incentives related to the CRP fleet to local NH municipalities.
What does this net metering hydro opportunity mean for your Municipality? 1. Financial benefits. Freedom’s contract with CRP/Hull Street guarantees the off taker $.005 per kwh for every kwh used in the program, over a 5-year period. Your municipality is eligible to receive benefits of renewable energy generators up to 5MW. For example, if your town enters 2,000,000 kwh into the program, it will earn $10K/year and $50k/ five years. 2. No behavior change required. Receive payment as a participating off-taker with no behavior change required on the part of the municipality. 3. You’re Important to Generators. They need your participation to be viable and to receive “retail” rate payment for their power
22
Photo courtesy of Central Rivers Power.
when you sign up. 4. Great marketing opportunity. By participating in the group, your municipality is directly supporting renewable energy generation in New Hampshire.
How do you take advantage of this hydro net metering opportunity? The available hydro net metering offering is limited. Contact Freedom Energy to discuss your municipality’s circumstances and what generating resources are available for your city,
NEW HAMPSHIRE TOWN AND CITY
town, or district for you to benefit from and for participation details. Jack Martell is Renewable Program Manager with Freedom Energy Logistics. Jack has a background in renewable energy contract negotiation, community solar, green commodity procurement, renewable and efficiencies corporate strategy etc. Skilled at finding solutions to solve strategic renewable energy and sustainability initiatives, with a focus on implementing cost effective strategies to meet goals. Jack can be reached by phone at 603.625.2244 or via email at jack. martell@felpower.com
www.nhmunicipal.org
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NHMA Gears Up for 2023-2024 Legislative Policy Process: It’s Never Too Early to Submit Policy Suggestions Our Advocacy Efforts Matter! Your Voice Matters More!
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stablished in 1941 as a voluntary association of New Hampshire’s cities and towns, the New Hampshire Municipal Association has served as the primary legislative advocate for New Hampshire’s municipalities, representing its members at the state legislature and before numerous federal and state administrative agencies. We are a unique advocacy organization in that we do not support or endorse any candidate or political party. Our ability to maintain significant political relevance is tied directly to our advocacy efforts and the relationships we have cultivated over many years with state and municipal leaders, the New Hampshire Legislature, state agency officials and other stakeholder groups.
2019-2020
• Finance and Revenue – budgeting, revenue, tax exemptions, current use, assessing, tax collection, retirement issues, education funding. • General Administration and Governance – elections, Right-to-Know Law, labor, town meeting, charters, welfare, public safety, other governance and legal matters. • Infrastructure, Development, and Land Use – solid/ hazardous waste, transportation, land use, environmental regulation, housing, utilities, code enforcement, economic development.
Legislative
As many municipal officials already know, our legislative work is a full-time, year-round job. It is an ongoing process and staff members have already been working on laying the foundation for the next legislative biennium. The success of NHMA’s legislative efforts, in large part, depends on you. You work at the level of government that is closest to the citizen and you are uniquely situated to help legislators understand how pending legislation affects your city or town.
When you contact us, please indicate your first and second choices for a committee assignment. We will do our best to accommodate everyone’s first choice, but we do need to achieve approximately equal membership among the committees. We hope to have 15-20 members on each committee.
Policy Positions
Step One: Get Involved – Volunteer for a Policy Committee
There will be an organizational meeting for all committees on Friday, April 1. After that, each committee will meet separately as many times as necessary to review the policy proposals assigned to it—typically three to five meetings, all held on either a Monday or Friday, between early April and the end of May.
As a first step, we are recruiting volunteers to serve on our three legislative policy committees. These committees will review legislative policy proposals submitted by local officials and NHMA affiliate groups and make recommendations on those policies, which will go to the NHMA Legislative Policy Conference in September.
The committee process will allow for in-depth review and discussion of policy suggestions so all aspects of each proposal, both positive and negative, will be examined. Based on that review, each committee will make recommendations for the adoption of legislative policies.
Each of the committees deals with a different set of municipal issues. The committees and their subject areas are as follows:
Once the committees complete their work, their policy recommendations will be sent to every municipal member of NHMA. Each municipality’s governing body will be encouraged to review the recommendations and establish posi-
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NEW HAMPSHIRE TOWN AND CITY
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New Hampshire Hampshire Municipal New Municipal Association Association 2023-2024 Legislative Policy 2023-2024 Legislative Policy Process Process
Explanation of Proposed Policy Submitted by (Name):
Date:
Title of Person Submitting Policy: City or Town:
Phone:
To see if NHMA will SUPPORT/OPPOSE:
Municipal interest to be accomplished by proposal:
Explanation:
A sheet like this should accompany each proposed legislative policy. It should include a brief (one or two sentence) policy statement, a statement about the municipal interest served by the proposal and an explanation that describes the nature of the problem or concern from a municipal perspective and discusses the proposed action that is being advocated to address the problem. Mail to NHMA, 25 Triangle Park Drive, Concord, NH 03301; or e-mail to governmentaffairs@nhmunicipal.org no later than the close of business on April 15, 2022.
www.nhmunicipal.org
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Progress Through Partnerships Progress Through Partnerships NHMA’s 80th Annual Conference and Exhibition NHMA’s 80th Annual Conference and Exhibition November 17—19, 2021 November 17—19, 2021
thank you to our
SPONSORS
22 0 2 , 6-17 ITION 1 B I R H X MBE ND E E A V E C O N N FERE N O SAVE ar! C AL ext ye he
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NEW HAMPSHIRE TOWN AND CITY
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www.nhmunicipal.org
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Whether you attended in-person or virtually, THANK YOU so much for joining us in Manchester November 17 andorforvirtually, Thursday and Friday which dedicated to Whether youon attended in-person THANK YOU so muchwere for joining us in a series of virtual concurrent covering and a broad range of topics importanttoto Manchester on November 17sessions and for Thursday Friday which were dedicated andoftowns. thank our members for their continued andimportant support in acities series virtual We concurrent sessions covering a broad rangeinterest of topics to the Association’s educational programming and our Annual Conference and Exhibicities and towns. We thank our members for their continued interest and support in tion. the Association’s educational programming and our Annual Conference and Exhibi-
tion. Whether you attended in-person or virtually, THANK YOU so much for joining us in Manchester on November 17 and for Thursday and Friday which were dedicated to a series of virtual concurrent sessions covering a broad range of topics important to cities and towns. We thank our members for their continued interest and support in the Association’s educational programming and our Annual Conference and ExhibiBar Harbor Bank & Trust MissionSquare Retirement tion.
Benchmark Office Systems Inc Mitchell Municipal Group, P.A. BETA Group, Inc. Municipal Resources, Inc. BMSI New England Document Systems BS&A Software NH Municipal Bond Bank CAI TECHNOLOGIES NH Public Deposit Investment Pool Cell Coverage Mapping People’s United Bank, N.A. CheckmateHCM Pennichuck Water Service Corporation Citizens Quantum Construction Consultants, LLC Community Development Finance Authority Roadsweep America CMA Engineers Secured Network Services Donahue, Tucker & Ciandella, PLLC SFC Engineering Partnership, Inc. Drummond Woodsum TD Bank Freedom Energy Logistics The H. L. Turner Group Gale Associates, Inc. Three Bearings Fiduciary Advisors, Inc. GovDeals Ubicquia Granite State College Underwood Engineers, Inc. Green International Affiliates, Inc. Unite Us in New Hampshire Harriman Upton & Hatfield, LLP HealthTrust VC3 Hoyle, Tanner & Associates, Inc. Vision Government Solutions Ideal Concrete Block Co. Weston & Sampson indus Depot DON’T FORGET!Window RecordedFilm sessions and handouts are Interware Development Company, Inc. available for 6 months Wireless Realty Advisors the mobile after the conference DON’T FORGET! Recorded sessions andinhandouts are Liberty Mutual Insurance Wright-Pierce app and 3 months on the web app. Just log into the Whova available for 6 months after the conference in the mobile Melanson CPAs WSP USA and Q&A sessions. app and refer back to videos/handouts app and 3 months on the web app. Just log into the Whova MHEC (Regional GPO) app and refer back to videos/handouts and Q&A sessions.
DON’T FORGET! Recorded sessions and handouts are available for 6 months after the conference in the mobile app and 3 months on the web app. Just log into the Whova app and refer back to videos/handouts and Q&A sessions.
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LEGISLATIVE POLICY from page 24 tions on them. Members will also have an opportunity to submit floor policy proposals in advance of the Legislative Policy Conference in September. At the Legislative Policy Conference, each member municipality is entitled to cast one vote on every policy recommendation submitted and on any floor proposals. Each policy proposal must receive a two-thirds affirmative vote of those present and voting in order to be adopted as an NHMA policy.
Policy Review Checklist In order to make sure that each policy has been thoroughly considered and all pros and cons discussed, the following checklist should be applied to each recommendation.
Where does the policy come from? What is the need for this legislative change/how widespread is this problem?
What could we lose and what are the risks of pursuing this proposal? What could we gain?
Step 2: Create Change - Submit a Legislative Policy Proposal
Who would likely be opposed to this proposal?
Every NHMA legislative policy begins with a proposal submitted by a local official, board, or committee. If there is a law affecting municipal government that you think needs to
Does this proposal require financial analysis?
Who would likely support it?
Would the policy cost money for municipalities? For the state?
Would the policy be divisive for municipalities? Would it tend to pit one community against another? certified public accountants
experience counts We know New Hampshire governments. Your needs come first at Vachon Clukay & Company, PC, so we’ve structured ourselves to fulfill all of your service needs.We provide the following services: Auditing Accounting Support and Training Advising Personalized “Team” Service Expertise in How Your Organization Operates Computerized Forms Operational Management Studies
We want want to to be part of your We your team. team. For contact: For personal personal attention contact: Robert L. Vachon, CPA CPA Jarad Vartanian, 608 Chestnut St. • Manchester, NH 03104 Phone: (603) 622-7070 Fax: (603) 622-1452 www.vachonclukay.com
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be fixed, or if you have an idea for how the functions of local government might be improved through legislation, this is your opportunity to make a change. Accompanying this article is a Legislative Policy Proposal Form that can be used to submit a proposal for consideration. The deadline for submitting proposals is April 15, although earlier submission is encouraged. Please follow the instructions on the form for submitting your proposal. We leave you, then, with two assignments, should you choose to accept them:
NEW HAMPSHIRE TOWN AND CITY
• Contact the Government Affairs Staff (soon!) if you are interested in serving on a legislative policy committee (send us an email at governmentaffairs@nhmunicipal. org); and • Submit a legislative policy proposal if you have an issue that you would like to be considered as part of this year’s policy process. If you have a policy suggestion, it is not too early to send it in! Policy proposals may be submitted by a board or a local official from a member municipality. Please use the form found in this issue and email to us at governmentaffairs@nhmunicipal.org.
www.nhmunicipal.org
Legislative Policy Committees Are Now Forming
NHMA Relies on its Members to Help Shape its Legislative Agenda! General General Administration Administration and and Governance Governance
Finance Finance and and Revenue Revenue
Infrastructure Infrastructure Development Development and and Land Land Use Use
Elections Elections Right-to-Know Right-to-Know Law Law Labor Labor Town Town Meeting Meeting Charters Charters Welfare Welfare Public Public Safety Safety Legal Matters Matters Legal
Budgeting Budgeting Revenue Revenue Tax exemptions Tax exemptions Current Use Current Use Assessing Assessing Tax Tax collection collection Retirement Retirement Education Education Funding Funding
Solid/Hazardous Solid/Hazardous Waste Waste Transportation Transportation Land Use Use Land Environmental Regulation Environmental Regulation Housing Housing Utilities Utilities Code Enforcement Code Enforcement Economic Economic Development Development
What What is is a a Legislative Legislative Policy Policy Committee? Committee? Legislative Legislative Policy Policy Committees Committees help help to to establish establish the the policies policies that that guide guide the the AsAssociation’s legislative efforts. See subject matters of each committee above. sociation’s legislative efforts. See subject matters of each committee above.
When When do do Legislative Legislative Policy Policy Committees Committees Meet? Meet? Typically Policy Committees meet three to five times, all held on either a Monday or Friday, between early April and the end of May. Our first organizational meeting for these policy committees is set for Friday, April 1, 2022.
Who Who Can Can Join? Join? Any Any appointed appointed or or elected elected official official from from a a member member city city or or town town is is eligible eligible to to serve on a Legislative Policy Committees. serve on a Legislative Policy Committees.
We Want to Hear From YOU! If If you you are are a a local local official official in in a a NHMA NHMA member member city city or or town town and and are are interested interested in in serving serving on on one one of of the the legislalegislative policy committees, please contact the staff at 603.224.7447or at governmentaffairs@nhmunicipal.org. tive policy committees, please contact the staff at 603.224.7447or at governmentaffairs@nhmunicipal.org.
www.nhmunicipal.org
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UP CLOSE &
PERSONAL On the Board
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elcome to Up Close and Personal is designed to give readers a closer look at NHMA board members. In this issue, we hope you enjoy meeting one of our newest board members, Jim Michaud, Chief Assessor in Hudson. Jim was elected this November to serve on NHMA’s board of directors. Jim is also the honorable recipient of NHMA’s Russ Marcoux Municipal Advocate of the Year award in 2012.
TC: What are your duties and responsibilities as Chief Assessor? JM: As Chief Assessor for the Town of Hudson the duties and responsibilities include, but are not limited to; appraising and/or supervising the appraisal of residential, commercial, industrial, public utility property; performing or supervising the performance of field measurements and inspections of residential, commercial, industrial and other buildings and structures including alterations, renovations and demolition as necessary and appropriate, in order to maintain a uniform, full market value on all property; inspect land and land changes resulting from map changes, transfers of deeds, subdivision changes, etc; oversees Town-wide revaluing of property to full market value at a minimum of every five years; correlate data and complete annual reports of final assessed values (DRA’s MS1) as well as the State’s annual property assessment equalization process.
Jim Michaud
TC: What is your biggest challenge in performing your duties? JM: One of the most significant challenges for assessing officials manifests itself in explaining to taxpayers that it is the appropriations and budgetary processes (State, municipal, school, county) that is the main driver of property taxes; that the assessed value is utilized as an allocation of what each property owner’s property tax responsibility is. TC: How has NHMA helped you to do your job? JM: Where do I begin! Namely, NHMA is instrumental in leveraging its skill sets, most of the time as a cohort with municipal assessing officials, in the legislative arena when it comes to the never-ending bills that tinker, and more, with the property assessment and property taxation process in this great state. NHMA is also of significant guidance to assessing officials when significant judicial decisions portend needed legislatives solutions, as well as NHMA’s numerous resources that provide for well-rounded knowledge of local and state governmental processes.
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Do you know someone who deserves to be profiled in a future edition of New Hampshire Town and City magazine?
TC: Has your public position changed you personally? JM: I think the two greatest personal changes that the position has visited upon me is in the duality of both developing a sort of thick skin to the unnecessary criticism that the position entails, as well as recognizing that a fair degree of empathy and grace go a long way towards an amicable relationship with those we serve, the public.
If so, please contact the New Hampshire Municipal Association at 603.224-7447 or tfortier@nhmunicipal.org.
TC: Has your job changed the way you look at the role of government? JM: I believe that it has enhanced my respect and admiration for the many communityminded folks who are so giving of their time and talent, whether they are employees, elected officials or appointed officials. It is all of those people, using their collective skill sets, working together in government, to provide the quality and quantity of the numerous services that government provide for their respective citizenry.
NEW HAMPSHIRE TOWN AND CITY
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UP CLOSE &
PERSONAL On the Board
W
elcome to Up Close and Personal is designed to give readers a closer look at NHMA board members. In this issue, we hope you enjoy meeting one of our newest board members, Dennis Shanahan, City Councilor in Dover. Dennis was elected this November to serve on NHMA’s board of directors.
TC: What are your duties and responsibilities as a City Councilor? DS: I am entering my fourth term as a City Councilor in Dover. I represent Ward 5, on of the more rural areas of the City. I also serve as the Vice Chair of the Board of Directors of COAST, am on the Board of Directors for the Strafford County YMCA, in addition to several other boards and commissions. TC: What is your biggest challenge in performing your duties? DS: The biggest challenge is balancing the demands of the City as it continues to grow, with the need to keep the property tax burden manageable. A growing city such as Dover has widely varying perspectives among its citizens, finding a middle ground is an ongoing challenge. TC: How has NHMA helped you to do your job? DS: One of my roles as a City Councilor is to bring updates on the activities in Concord to my fellow Councilors. The frequent and detailed Legislative Updates from the NHMA has been invaluable in this effort.
Dennis Shanahan
Do you know someone who deserves to be profiled in a future edition of New Hampshire Town and City magazine? If so, please contact the New Hampshire Municipal Association at 603.224-7447 or tfortier@nhmunicipal.org. www.nhmunicipal.org
TC: Give us an example of a problem you solved or a dilemma you faced and overcame in the line of duty? DS: Early in my first term as a City Councilor, I dealt with a strong community desire to eliminate potentially hazardous pesticides from use on public property. My first attempt fell short, as I did not tap into key resources that were available. I quickly learned to engage with City staff and other Councilors and developed a solution that has led to important programmatic changes for the City. TC: What is the public perception about your job and how does it differ from the reality of your job? DS: Many people feel the role of a City Councilor is partisan and driven by allegiances to outside interests. These people are often surprised when they discover the position is in essence a volunteer role, and that we are neighbors that share the same challenges as they do. TC: Has your public position changed you personally? DS: Dealing with the public, both in person, by way of print media, and on camera, has vastly improved my communication skills. I have become much better at concisely delivering important information in a way most can understand. TC: What lessons about human nature have you learned in your municipal role? DS: I have learned that the best communication method is face-to-face, eye-to-eye. Often, remote communications, i.e., phone messages, email, social media, lack the depth to effectively deliver a message. I have found that direct, personal contact ensures understanding of a position or opinion, even if it may not change someone’s mind. JANUARY/FEBRUARY 2022
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The
HR
REPORT
New Hampshire Supreme Court Decision Provides Policy Implementation Guidance to Public Employers with Unionized Employees By Patrick Landroche, Esq.
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ublic employers in New Hampshire are required to negotiate with their unionized employees over “wages, hours and other conditions of employment.” This requirement does not extend to “terms and conditions” that are within the employer’s “exclusive prerogative” or “confided exclusively to [them] by statute or regulation[.]” Employers are generally familiar with this framework and understand what terms and conditions are subject to bargaining. However, employers seeking to implement new health and safety policies—for example, vaccine mandates, travel restrictions, or licensing requirements—often question whether they can do so unilaterally, without negotiating with the union. The New Hampshire Supreme Court’s recent decision in Appeal of New Hampshire Department of Transportation provides guidance on this question.
ployees. The SEA did not challenge the CDL medical card requirement for new hires.
Under federal law, private sector employers employing CDL drivers are required to assure that the drivers have a CDL medical card. CDL medical cards are issued by federally-approved medical examiners and are intended to ensure that drivers are fit for duty. Public sector employers are exempt from the federal CDL medical card requirement and there is no New Hampshire law requiring public employees holding CDL licenses to have a medical card.
The Court held that the medical card requirement was a mandatory subject of bargaining. The Court found no provision in the State’s constitution, laws, or regulations that reserved to the DOT the exclusive managerial authority to adopt the medical card requirement. The Court upheld the PELRB’s finding that the DOT did not submit sufficient evidence to show that a CDL medical card was imperative to reduce the risk to safety of the travelling public such that the policy “primarily affect[ed]… broad managerial policy” rather than “the terms and conditions of employment for employees.” Finally, the Court explained that absent a showing that the policy was necessary to protect employee health and public safety, the policy “would not interfere with public control of governmental functions.”
In an effort to address general concerns about roadway safety and employee health, the New Hampshire Department of Transportation (DOT) unilaterally imposed a requirement that CDL drivers have a medical card. The DOT applied its new medical card requirement to new hires and to existing employees who were promoted, demoted, or transferred to positions requiring a CDL license. Employees were responsible for scheduling the medical examination and paying for the card ($65 to $150). The State Employees’ Association (SEA) took issue with the unilateral implementation of the medical card requirement and filed an unfair labor practice at the Public Employee Labor Relations Board (PELRB). The SEA alleged that the DOT had failed to negotiate over a mandatory subject of bargaining and improperly implemented a unilateral change in the terms and conditions of employment for affected em32
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In its decision, the New Hampshire Supreme Court reaffirmed and applied its three-step analysis to determine whether DOT’s policy was a mandatory subject of bargaining (in other words, to determine whether the DOT had to negotiate with the Union over adopting the policy). Under this analysis, DOT’s policy would be a mandatory subject of bargaining if: (1) its authority to issue the policy was not reserved to it by the constitution, statute, or regulation; (2) the policy primarily affected the terms and conditions of employment, rather than matters of broad managerial policy; and (3) the policy would not interfere with public control of governmental functions.
The Court’s opinion offers two important lessons for public employers that are considering unilateral policy implementation. First, to successfully classify a policy as a prohibited subject of bargaining (meaning that the employer does not have to negotiate over implementation or administration of the policy), the employer must point to a specific statute or place in the law that reserves to it the right to implement the policy. For instance, if New Hampshire passed a law requiring all commercial vehicle drivers to possess a CDL medical card, then the DOT could have successfully argued that its medical card requirement for employees was a prowww.nhmunicipal.org
hibited subject of bargaining. Second, if the employer cannot prove that the policy is a prohibited subject of bargaining, it must be prepared to show that the policy primarily affects broad managerial policy or that negotiation would interfere with public control of governmental functions. To do so, the employer must present compelling evidence that its interest in implementing the policy outweighs the policy’s effect on employees. For example, consider a nursing home that wished to implement a vaccine mandate without negotiation. As the federal vaccine mandate for health care providers receiving Medicare and Medicaid funds has been enjoined by the federal courts, there is currently no law or regulation requiring New Hampshire nursing home employees to be vaccinated. To implement a mandate without first bargaining, the nursing home must have evidence es-
tablishing that the policy is necessary to keep employees and residents safe. The nursing home must further demonstrate that its need for the policy outweighs the policy’s effect on employees. In SEA v. Coos County Board of Commissioners, PELRB Decision No. 2021-034 (2021), the PELRB determined that the employer had sufficiently evidenced the health and safety value of a 14-day employee quarantine following out of state travel (earlier in the pandemic) so as to allow its adoption without bargaining. Without such a showing, as Appeal of New Hampshire Department of Transportation explains, the nursing home would have had to bargain with the union over implementing the mandate. Appeal of New Hampshire Department of Transportation provides helpful guidance to employers on whether new policies will be considered mandatory, permissive, or prohibited subjects of
bargaining. The decision also explains what evidence the employer must present to avoid mandatory classification. As this area of the law is constantly evolving, employers contemplating unilateral policy implementation should consult with counsel before adopting their policies. Patrick Landroche is a member of Drummond Woodsum’s Labor and Employment Group. His practice focuses on the representation of private and public employers in all aspects of the employer-employee relationship. This is not a legal document nor is it intended to serve as legal advice or a legal opinion. Drummond Woodsum & MacMahon, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such. “Copyright 2021 Drummond Woodsum. These materials may not be reproduced without prior written permission.”
We have all the tools to meet your needs. Drummond Woodsum’s attorneys are experienced at guiding towns, cities, counties and local governments through a variety of issues including: • • • • • • •
Municipal bonds and public finance Land use planning, zoning and enforcement Ordinance drafting Tax abatement General municipal matters Municipal employment and labor matters Litigation and appeals
We use a team approach – small groups of highly specialized attorneys that work together to offer clients the counsel and support they need, precisely when they need it. It’s an efficient way to practice law. It’s also extremely productive and cost effective for our clients. Learn more about what our municipal group can do for you at dwmlaw.com.
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dwmlaw.com | 800.727.1941
Manchester, Portsmouth & Lebanon, NH
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Court
Update
By Stephen C. Buckley, Legal Services Counsel and Natch Greyes, Municipal Services Counsel
Now available online: December 2021 Government Need Only Establish that Disclosure of a Law Enforcement Record Might Risk Circumvention of the Law; in the Right Circumstances Trial Court Review of Right-to-Know Record Disclosure can Occur in an Ex-Parte In Camera Hearing, ACLU v. City of Concord, New Hampshire Supreme Court Case No. 2020-0036, 12/07/21 November 2021 Cell Tower Location Allowed Where a Gap in Wireless Service Exists, GMR Holdings v. Lincoln, United States District Court, District of New Hampshire Case No. 21-cv-117-SM, Opinion No. 2021 DNH 173, 11/08/21 October 2021 To Permit Removal Under Oath of Office the Divulged Information Must be Defamatory; Notice of a Nonpublic Session Based on Harm to Reputation Need Not be Provided to the Person Whose Reputation Could be Adversely Affected, Tejasinha Sivalingam v. Frances Newton, New Hampshire Supreme Court Case No. 2020-0216, 20200352, 10/05/21 In Order to Reassess the Value of Taxable Property There Must be a Change in the Market Value; Discovery of an Extreme Underassessment is Insufficient. Merrimack Premium Outlets v. Town of Merrimack, New Hampshire Supreme Court Case No. 2020-0358, 10/01/21 September 2021 Housing Appeals Board Requires Planning Board to Revisit Decision on “Good Cause” to Extend Project Commencement and Completion Deadlines under RSA 674:39, IV, Brady Sullivan Prospect Hill v. City of Lebanon, Housing Appeals Board Case No. PBA-2021-06, 09/28/21 Notice to Abutter is Required when Abutter is “Directly” not “Diagonally” Across a Street; and Planning Board Condition that Approvals be Obtained from all Necessary Approving Bodies Validates Conditional Approval, Seabrook Onestop, Inc. & a. v. Town of Seabrook & a., New Hampshire Supreme Court Case No. 2020-0251, 09/16/21 Proving Disproportionality Requires a Taxpayer to Establish its Aggregate Valuation is a Higher Percentage of Fair Market Value than Property in the Municipality Generally, Appeal of City of Keene, New Hampshire Supreme Court Case No. 2020-0473, 09/16/21 Equalization Ratios May be Applied to Fair Market Value Assessments of Electric Utility Property to Determine Appropriate Abatement, Appeal of Town of Chester & a., New Hampshire Supreme Court Case No. 2020-0475, 09/16/21 Owner-Occupation Requirements in Local Zoning Ordinance Can Limit Impact of Short-Term Rentals on Local Real Estate Market, Christopher Andrews & Kelly Andrews v. Kearsarge Lighting Precinct, New Hampshire Superior Court Case No. 212-2018-CV-00049, 09/14/21
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NEW HAMPSHIRE TOWN AND CITY
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The Fall Edition of the National Civic Review features five policy briefs created by Healing through Policy: Creating Pathways to Racial Justice. The new initiative — a collaboration between The National Collaborative for Health Equity, The American Public Health Association, and The de Beaumont Foundation — seeks to provide evidence-based policies and practices for communities seeking to advance health, racial equity, and justice.
TRUTH, RACIAL HEALING, & TRANSFORMATION NARRATIVE CHANGE RACIAL HEALING AND RELATIONSHIP BUILDING SEPARATION
Segregation & concentrated poverty
LAW
Civil, criminal & public policies
ECONOMY
Strucrtured inequality & barriers to opportunity
By Gail C. Christopher NCHE is proud to partner with the National Civic League in presenting a special issue of the National Civic Review adapted from the policy briefs that were the foundation for Healing Through Policy. The briefs derive from the Truth, Racial Healing and Transformation (TRHT) work started in 2016 by the W. K. Kellogg Foundation (WKKF). We engaged 176 civic leaders, scholars and practitioners to help design implementation strategy for the TRHT, which I envisioned while serving as a WKKF Senior Advisor and Vice President. TRHT helps communities embrace racial healing and uproot conscious and unconscious beliefs in the hierarchy of human value that fuels racism. The TRHT framework empowers transformative approaches to community-based healing and supports the pursuit of actionable change. Narrative Change and Racial Healing and Relationship Building are the foundational pillars for all TRHT work, while the remaining three pillars address how America has sustained racial hierarchy for centuries and outline a path forward to jettison structural and systemic racism. These pillars are: Separation, the Law and Economy. The concept of narrative change, in particular, plays significant conscious and unconscious roles in shaping the perceptions and actions throughout our society. To access this edition, go to https://www.nationalcivicleague.org/national-civic-review/issue/fall-2021-volume110-number-3/ where you will be prompted to enter your unique access code: NHMA21. Gail Christopher, an award-winning social change agent with expertise in the social determinants of health and wellbeing and in related public policies, is Executive Director of the National Collaborative for Health Equity.
www.nhmunicipal.org
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NEW HAMPSHIRE ASSOCIATION OF REGIONAL PLANNING COMMISSIONS
This segment is another in a series highlighting NHARPC’s efforts to provide education on planning-related topics.
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Helping Municipalities Meet Their Energy Goals Tim Roache, Executive Director, Rockingham Planning Commission; Meghan Butts, Executive Director, Upper Valley Lake Sunapee Region Planning Commission; J. B. Mack, Principal Planner, Southwest Region Planning Commission
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ecognizing that New Hampshire is one of the most expensive electricity markets in the nation and has significant dependency on electricity generation out-of-State, several regional planning commissions have become more involved in energy planning to help municipalities and their constituencies save on energy costs and address other municipal energy goals. The two main approaches for assisting communities have consisted of organizing and administering Municipal Electricity Supply Aggregation programs and assisting communities in taking advantage of the State’s Community Power Aggregation law. Municipal Electricity Supply Aggregation and Community Power Aggregation are ways that local governments, such as municipalities and counties, can use economies of scale to better negotiate the terms of the energy supply they are purchasing. You can think of them as buying clubs for electricity. While the two concepts have these similarities there are also differences between the two, including who constitute the members of the buying club. Over time, legislation in New Hampshire has expanded the definition of who can benefit from electric aggregation.
Municipal Electricity Supply Aggregation With Municipal Electricity Supply Aggregation, the buying club members are large public sector consumers like municipalities, counties and school districts. Typically, the main goal of the members is to purchase electricity as a group from a competitive supplier at a lower rate than each member could receive on its own. By purchasing as an aggregation, municipalities, counties and school districts can offer electricity suppliers a larger demand than if they each tried to purchase electricity individually. The larger demand, in turn, allows suppliers
NEW HAMPSHIRE TOWN AND CITY
to offer a better rate to the aggregation than they could to individual members. The aggregation also makes it possible for members to share the costs of documenting load data, organizing a RFP process, selecting a supplier, conducting negotiations, and managing energy contracts. Municipalities do not need to make capital or other investments in order to switch to a competitive electricity supplier; it is entirely a paper transaction. Aggregation participants continue to be billed through their default distributor (Eversource, Until, etc.) and receive a single bill for supply and distribution charges. Moreover, aggregation members continue to receive the same level of electricity delivery, emergency response, and meter reading from their current utility.
Partnering with Regional Planning Commissions Regional planning commissions can serve as an aggregator to facilitate a bid process among competitive electricity suppliers licensed with the NH Public Utilities Commission. Each aggregation member signs its own contract with the supplier for a fixed electricity supply rate. Rates and contracts are identical for each member within a given electric distribution territory. In 2011, the Nashua Regional Planning Commission utilized funding from the Energy Technical Assistance and Planning program to work with 9 towns and 6 school districts to form an aggregation to procure electricity from a competitive supplier. The program proved to be incredibly successful, saving its members a total of $1,608,931 from 2012 through 2017. In 2019, Rockingham Planning Commission (RPC) launched its own municipal electricity supply aggregation program. Members of www.nhmunicipal.org
the RPC aggregation include Epping School District, Town of Hampton Falls, Plaistow Public Library, Town of Stratham, Town of Newton, Hampton Falls Free Library, Town of Kingston, and Kingston Community Library. The aggregation’s current contract runs from November 2019 through October 2022. Lakes Region Planning Commission has also offered electricity supply aggregation services to its members.
Community Power Aggregation Community Power Aggregation, recently enabled by NH RSA 53-E, expands who can be part of the electricity buyer’s club, allowing for residents and businesses to join under the umbrella of a municipality’s electricity aggregation efforts. With Community Power
Aggregation, municipalities work in collaboration with experienced service providers who know the electricity market so municipal staff do not need expertise in the energy sector. While municipalities with Community Power programs purchase electricity on the wholesale market, they do not own or maintain the poles and wires. Like Municipal Electricity Supply Aggregation, repairs, power outages, and routine upgrades are taken care of by the utilities.
ties be more purposeful in their negotiations with suppliers to access more renewable energy or source more electricity locally. Finally, municipalities have the flexibility to develop their own creative programming such as offering variable time-of-use rates, supporting the development of solar, building local battery storage capacity, developing low and moderate income energy efficiency programs, or developing public use electric vehicle charging infrastructure.
Similar to Municipal Electricity Supply Aggregation, a main benefit of Community Power Aggregation is that a municipality can increase energy savings. However, it also enables local governments to make electricity cheaper for residents and small businesses. It can also help communi-
Unlike Municipal Electricity Supply Aggregation, Community Power Aggregation is a more involved process and much of it involves planning. Key action steps associated with launching Community Power in a community are the following:
Telecommunica�ons Tax Assessment Eminent Domain
We represent towns and ci�es throughout the state and bring value to our clients through decades of experience and adhering to the budgetary constraints under which municipali�es operate. We emphasize preven�ve and �mely legal counsel to our clients with a view toward avoiding problems that result in li�ga�on.
Special counsel services include: Appellate Water Labor & Employment Growth Control Li�ga�on Land Use & Planning Also available for conict counsel services
U�lity & Infrastructure Police Environmental
OFFICES IN EXETER, PORTSMOUTH, MEREDITH & CONCORD, NEW HAMPSHIRE
WWW.DTCLAWYERS.COM
DONAHUE, TUCKER & CIANDELLA, PLLC E‐mail: info@DTCLawyers.com
Toll Free: (800) 566‐0506 For inquiries please contact Christopher Boldt or Sharon Somers
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JANUARY/FEBRUARY 2022
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NHARPC from page 37 • The municipal governing body appoints a Community Power Committee. • The Committee researches Community Power plans and service providers. • The Committee develops a Community Power Plan, with input from the community. • The Committee holds public hearings to educate the town about the Community Power Plan and get residents’ feedback. • The Town or City adopts the Plan through Town Meeting or City Council/Board of Alderman action and the Plan is submitted for approval by the Public Utilities Commission. • The Town or City sends an announcement to residents that they will be enrolled in the new Community Power Plan and provides them an opportunity to opt-out of the program. • The Town or City signs a Community Power contract with a service provider and, together, they launch the program.
Community Power Examples Much of the Community Power movement in New Hampshire has started in the Upper Valley with the City of Lebanon taking the lead followed closely by the Town of Hanover working with the Public Utilities Commission and the Legislature to allow the concept of Community Power in New Hampshire. The approach that Lebanon and Hanover used to bring Community Power to their communities was to
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start by forming volunteer committees to help guide the way. Lebanon’s Municipal Aggregation Subcommittee of the Lebanon Energy Advisory Committee spent over a year researching aggregation and developing a strategy to bring Community Power to the City. The next step was to write an electric aggregation plan to provide guidance to the program goals, how community power will work, guidance on implementation, and compliance with state statutes. The Upper Valley Lake Sunapee Regional Planning Commission (UVLSRPC) assisted with the public outreach on the plan and the presentation of the plan and Community Power concept to City officials. UVLSRPC will continue to support its communities that are interested in electric aggregation through networking support, plan development, meeting facilitation, and public outreach. Community Power is gaining momentum in the Monadnock Region as well. Currently, the City of Keene and the Town of Harrisville have developed and passed Community Power Plans. These plans are now under review by the New Hampshire Public Utilities Commission, which is the regulatory body that oversees Community Power implementation. Several other communities including Walpole, Peterborough, Swanzey, Dublin, Hinsdale, Nelson and Cheshire County are at various stages of forming committees, conducting research, or developing plans. Some municipalities have already started working with service providers to receive technical assistance with their projects. Southwest Region Planning Commission (SWRPC) has been partnering with a regional non-profit, the Monadnock Sustainability Hub (MSH),
NEW HAMPSHIRE TOWN AND CITY
to share information about Community Power in the Monadnock Region. Although still in its nascent stages, the partnership is looking to couple MSH’s expertise in Community Power with SWRPC’s relationships with municipalities and its familiarity with local planning initiatives to help share information about community power as a strategy to meet community goals. The partnership is leading to several collaborations including the development of materials that municipalities can use to educate their residents and elected officials about Community Power, an update to the MSH webpage on Community Power, (https://monadnocksustainabilityhub.org/programs/communitypower-purchasing/) the scheduling of additional information sessions about Community Power, and planning for a municipal peer support group to share information and best practices. Municipalities that are interested in learning more about electricity supply aggregation or Community Power should contact their regional planning commission to find out what opportunities are currently available. Rockingham Planning Commission staff have been involved in municipal electricity supply aggregation since its inception in 2011 and are available to help communities across the state that are interested in forming regional aggregations. Tim Roache, Executive Director, Rockingham Planning Commission, can be reached at troache@therpc.org or via phone at 603.658.0518; Meghan Butts, Executive Director, Upper Valley Lake Sunapee Region Planning Commission, can be reached at mbutts@uvlsrpc or via phone at 603.448.1680; and J. B. Mack, Principal Planner, Southwest Region Planning Commission, can be reached at jbmack@swrpc.org or via phone at 603.357.0557.
www.nhmunicipal.org
Access to Employment Law Attorneys
at NO COST! Drummond Woodsum labor law attorneys are available to provide legal advice on matters including Title VII, Family Medical Leave Act, Americans with Disabilities Act, Fair Labor Standards Act, employee discipline, sexual harassment, wrongful termination and age, sex and race-based discrimination.
What Can You Expect? Drummond Woodsum attorneys will be available to answer employment-related questions --before you act -- and will make every effort to have every call responded to within 24 hours by an employment lawyer. The Hotline attorneys will let you know if you are facing a potential liability and how to best proceed. Drummond Woodsum
will keep confidential any information which it receives relative to the employment matter. Who Can Call the Hotline?
The Hotline is a service available to only administrators, managers, department heads and elected officials from NHMA city and town members, and only concerning questions regarding employees subordinate to the caller. For example, the Hotline will not respond to inquiries from a department head regarding the authority of a town manager, or from a town manager regarding the authority of elected officials.
Is There a Fee? The Hotline is FREE, available at no charge, to NHMA city and town members, and will provide up to ½ hour of legal advice per employment issue. It is anticipated that most general employment law questions can be answered in less time.
Got an employment issue? Before you act, call 603.623.2500 or email at ehotline@dwmlaw.com.
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Legal
Q and A Revaluation: What Is It? And How Does It Work? By Katherine Heck, Government Finance Advisor & Natch Greyes, Governmental Affairs Counsel
T
his month’s Legal Q&A is going to be a bit different. Not only is it a collaborative effort with our new Government Finance Advisor, Katherine Heck, but it’s also designed to serve as a handout for you when your citizens ask about the revaluation process. Reevaluation is a subject that citizens are often confused about simply because it’s not something that they think about except once every five-years or so. Hopefully, this month’s Legal Q&A helps you help them understand the process a little better.
Q. How often does a revaluation happen?
Q: What is a “revaluation” or simply “valuation”?
A: A common misconception among property owners is that after a revaluation is that their increased tax assessment value will automatically result in increased property taxes. This is simply not true. Property taxes are determined proportionally. As long as the entire community saw values rise by the same proportion, then each property still has the same proportion of value relative to every other piece of property in the municipality.
A: A revaluation is a periodic process whereby the municipality attempts to align what it estimates the value of each individual property within the municipality with that property’s true market value. In other words, it’s a municipal-wide appraisal. Note, however, that there are special rules for certain properties. What rules apply in any particular instance is determined by RSA 75:1. And, of course, options such as placing a large piece of property without buildings into “current use” can also affect the valuation. Q. How is market value defined under NH State Law? A: State law requires that your property be assessed at market value. Market value is defined as the amount a typical, wellinformed purchaser would be willing to pay for a property. RSA 75:1 further defines market value as: “... the property’s full and true value as the same would be appraised in payment of a just debt due from a solvent debtor.” Assessments are arrived at, as of April 1st in a given year. However, the real estate market is constantly fluctuating making comparisons of assessments and sales a moving target, which is why statute requires adjusting the assessed values as of April 1 each year following a 5-year full reevaluation. (RSA 75:8) 40
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A: By law (RSA 75:8-a), a municipality must perform a valuation every 5-years for all properties in the municipality’s boundaries. When, exactly, that occurs for your municipality depends on when its first valuation was reviewed by the Department of Revenue Administration (DRA). Q. How does a revaluation affect property taxes?
For example, a town has a budget of $10,000 and two properties in town. Each of the two properties pay $5,000 in property tax based on a $250,000 assessed value of each property. After the 5-year revaluation, both properties are now assessed at $275,000. The town still has a budget of $10,000. The town budget does not increase merely because the value of the properties in town increased. The town still needs to raise $10,000. As such, the town would still raise $5,000 from each property. Q. How does a revaluation affect the tax rate? A: The common misconception among property owners about revaluation increasing their property taxes generally stems from their use of an outdated tax rate. Until recalculated as part of the next budget cycle, the prior tax rate may be wrong – perhaps very wrong. The tax rate is based on the proportion each $1,000 worth www.nhmunicipal.org
ASSESSMENT: SCENARIO #1 Property A $250,000 Property B $250,000 TOTAL ASSESSED VALUE: $500,000 SET THE TAX RATE: $10,000 ÷ $500,000 = $20/$1,000 (tax needed) ÷ (assessed value) = (Town Tax Rate)
TAX AMOUNTS BILLED: Property A: $250,000 x $20 tax rate = $5,000 property taxes Property B: $250,000 x $20 tax rate = $5,000 property taxes TOTAL TAXES BILLED $10,000 Total Taxes ---------------------ASSESSMENT: SCENARIO #2 Property A $275,000 Property B $275,000 TOTAL ASSESSED VALUE: $550,000 SET THE TAX RATE: $10,000 ÷ $550,000 = $18.18/$1,000 (tax needed) ÷ (assessed value) =
(Town Tax Rate)
TAX AMOUNTS BILLED: Property A: $275,000 x $18.18 tax rate = Property B: $275,000 x $18.18 tax rate = TOTAL TAXES BILLED
$5,000 property taxes $5,000 property taxes $10,000 Total Taxes
of property pays toward the town budget. In the above scenario, the town still needs to raise $10,000 for its budget. If the two properties in town are of equal value, it doesn’t matter if they are worth $250,000 or $275,000. Each contributes the same absolute dollar amount to the town budget. Meanwhile, because the properties are each worth more, the total assessed value of the town is now $550,000 rather than $500,000. As such, the tax rate drops, going from $20/$1000 to $18.18/$1000. Unfortunately, because new tax rates are not calculated at the time of revaluations, many citizens mistakenly use the old tax rate to calculate their property tax payments when a revaluation occurs. As such, they often overestimate the amount that they will pay drastically when, in fact, most municipalities will see a revaluation increase property values proportionally across the entire municipality. The only time a property owner would see a change in their actual contribution toward the budget is when their property value does not change proportionally alongside the rest of the municipality’s property values. www.nhmunicipal.org
Q: When might a property value not change proportionally? A: The most common scenario where a property value might not change proportionally with the rest of the municipality’s property values occurs when someone makes substantial improvements to their property. For example, new buildings or extensions that dramatically increase the value of the property. Or a change in use, such as commercializing the property’s use, as with a short-term rental. The converse could occur as well. A property with a home could be abandoned or the home torn down. That would cause the value to decrease. Other potential factors could weigh in as well, such as site-specific environmental contamination. Lastly, there’s also the possibility that some large new development – commercial or residential – occurs during the year, resulting in a substantial shift for everyone else’s taxes. But that possibility – like the substantial improvements or property damage scenarios – are not usually commonly “news” to the assessors during a revaluation year. They’re often things that the assessors learn about as permits are filed and projects completed, occurring either on or off the revaluation year, and anyone doing large projects to improve their property or seeing substantial property damage should expect to see a change in their property taxes in the year following the improvement. Q. Under what circumstances would a property potentially see a reduced tax amount? A: During the revaluation process, if a taxpayer’s assessed value increased by 10-percent and their respective municipality saw an overall increase of 15-percent, for example, that taxpayer would actually be responsible for a smaller share of the property taxes due, as their assessed value did not rise as fast as the overall assessed value in the municipality. As discussed above, this property did not change proportionally with the rest of the municipality’s property values. As a result, this property has dropped proportionally compared to other properties and is therefore taxed at a smaller share, using the same tax rate. Katherine Heck is Government Finance Advisor with the New Hampshire Municipal Association. She may be reached at 603.224.7447 or at kheck@nhmunicipal.org. Natch Greyes is Governmental Affairs Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at governmentaffairs@nhmunicipal.org.
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Basic Loan Requirements:
The Bond Bank’s Next Bond Issue will be on January , 20 +VMZ #POE 4BMe Results True Interest Cost for: 5 year loans . % 10 year loans . % 15 year loans % 20 year loans % 25 year loans % ZFBS MPBOT
Are you planning a capital project for 20 ? We can assist you with your planning by providing various scenarios based on level debt or level principal payments for different terms. Contact us now for your estimated debt schedules.
• Bond issue approved by governmental entity • Completed application approved by Bond Bank Board • Audit by CPA firm • Local bond counsel opinion
To schedule a meeting, obtain debt service schedules, or for details about our schedule, fees, Bond Anticipation Note programs, and current interest rates, please contact Tammy J. St. Gelais, Executive Director, at tstgelais@nhmbb.com. Visit our website at www.nhmbb.org. Lebanon Middle School, Lebanon, NH
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NEW HAMPSHIRE TOWN AND CITY
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2022 Town and School Moderators
(InҊPerson and Virtual) Hybrid Workshops In-person/$65.00: 25 Triangle Park Drive, Concord Virtual/$55.00: Via Zoom 9:00 am—1:30 pm SB2 Workshop—January 8, 2022 (snow date January 15)
Traditional Town Workshop—February 12, 2022 (snow date February 19) Attendees receive a copy of NHMA’s 2022-2023 edition of Town Meeting and School Meeting Handbook.
The Fundamentals of Town Meeting A review of the law governing town meeting and the role of the moderator at town, village district and school district meetings; debate and voting on warrant articles and the operating budget, essential statutes, postponement, electioneering, amendments. How to handle difficult people and disruptive events at public meetings. Stephen Buckley, NHMA Legal Services Counsel and William J. Phillips, NHSBA Staff Attorney & Director of Policy Services
How to Run a Successful Town Meeting and Avoid Becoming a Super Spreader Event Using technology to run a successful, multi-room, socially distant, simultaneous meeting. Cordell Johnston, Town of Henniker Moderator and Peter Imse, Town of Bow Moderator
Election Law Legislative Update – Ballot Counting Device Update A presentation on new election laws of interest to moderators along with a review of pending and proposed legislation related to elections. Update on Test Approval of the Dominion ImageCast Precinct Tabulators by the Town of Milford Natch Greyes, NHMA Government Affairs Counsel, Pete Basiliere, Milford Town & School District Moderator
Hypotheticals Break-out sessions for review and answering hypothetical situations that moderators might face. Register online at www.nhmunicipal.org under CALENDAR OF EVENTS. Online preҊregistration required one week prior to each date.
Questions? Call 603.224.7447 www.nhmunicipal.org
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Academy for Good Governence FREE Certificate Program The Academy for Good Governance is a series of six courses created by NHMA and Primex, exclusively for elected governing body members (select board, town council, city council, board of aldermen, school board, and village district commissioners). Courses are taught by experienced attorneys and staff from NHMA, Primex, HealthTrust, and the New Hampshire School Boards Association (NHSBA). Attendees will receive education and training intended to make them more knowledgeable and effective in their governing body roles. Attendance at the Academy is free and open to governing body members from municipalities and school districts that are members of NHMA, Primex and NHSBA. Space is limited, and registration will open on the NHMA website in March. Attendees must attend all six courses to receive a Certificate of Completion.
WHO CAN ATTEND? Select board members—Town councilors—School board members—City councilors Board of Aldermen—Village districts commissioners
Questions? Call NHMA’s Event Coordinator Ashley Methot at 603-230-3350 or email NHMAregistrations@nhmunicipal.org.
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NEW HAMPSHIRE TOWN AND CITY
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Please Join Us! Interested in Joining the Statewide Broadband Investment Planning Network? The New Hampshire Municipal Association (NHMA) has partnered with the National Collaborative for Digital Equity (NCDE), founded and based in New Hampshire, to help communities that are interested in using Local and Fiscal Recovery Funds (LFRF) to improve broadband. NHMA and NCDE are working together to bring interested members the opportunity to join a NHMA/NCDE broadband planning network and to undertake broadband investment planning together.
Overview of the Statewide Broadband Planning Network NCDE proposes that interested members allocate to NCDE a portion of their municipality’s ARPA Local Relief Funds (based on population, see below) to join the broadband investment planning network, whose priorities will be to: (1) assist the participating municipalities to develop one or more joint broadband investment funding proposals, (2) design investment plans to support for-profit and nonprofit business models that incorporate affordable pricing (<$15/month) for low- and moderate-income households; (3) assist participating municipalities to become “Broadband Ready” communities while developing NHMA’s capability to provide this support as an ongoing support to members generally; and (4) other broadband projects as deemed fundable. Broadband planning network cost schedule, based on population:
25-4,999: $5,000 5,000-9,999: $7,500 10,000 and greater: $10,000
Please note that NHMA receives a fee for each municipality that joins the Statewide Broadband Planning Network with NCDE.
Sign-up Today to Learn More About the Network If you are interested in learning more about this Network, please contact NHMA’s Executive Director Margaret Byrnes at 603.224.7447 or via email at mbyrnes@nhmunicipal.org. Your name and contact information will be shared with NCDE, who will follow-up directly with you.
www.nhmunicipal.org
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Workshops & Webinars for New Hampshire’s Municipal Officials 2022 Webinar Series Held each month, typically from noon to 1:00 pm on a Wednesday, and covers timely municipal topics such as Right-to-Know law, legislative overviews, code enforcement, cybersecurity, elections, and more. (No fee)
Moderators Workshop One half-day workshop for SB2 Meetings and another half-day workshop for Traditional Meetings held in January and February each year. Includes the Town Meeting/School Meeting Handbook. (Fee charged)
Local Officials Workshops Held during spring months and is designed for the newly-elected and veteran local official. Includes one copy of the current 250+page handbook Knowing the Territory. (No fee)
Budget & Finance Workshops Traditionally held each year in September. Includes The Basic Law of Budgeting Handbook, and addresses a variety of topics regarding the municipal budget process. (Fee charged)
NHMA will offer remote or online training for those members who wish to join us from their home or office in 2022! Municipal Land Use Law Conference Full-day event held in the fall with multiple sessions on land use related topics. (Fee charged)
Annual Conference and Exhibition Held every November providing two (2) full days of educational programming and training opportunities for every local official on a wide variety of topics and access to over 100 exhibitors. Event is the largest municipal gathering in the state every year. (Fee charged)
Right-to-Know Law Workshops Held each year on governmental records and public meetings. Includes publication, A Guide to Open Government in New Hampshire, reflecting the latest developments in the law. (Fee charged)
There’s always something more at www.nhmunicipal.org For registration information, visit www.nhmunicipal.org under Calendar of Events. Questions? Call 603.224.7447 or email NHMAregistrations@nhmunicipal.org.
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NEW HAMPSHIRE TOWN AND CITY
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Right-to-Know Law Hybrid Workshop for Law Enforcement 9:00 am—12:00 pm Thursday, January 27, 2022 This workshop will be held in a hybrid format format (In person attendance and virtual attendance option) option) In person attendance - 25 Triangle Park Drive Concord, Concord, NH NH In person attendance is limited to 40 people people Virtual Attendance via Zoom Registration Fees: $65.00 (in person); $55.00 (virtual) (virtual)
PROGRAM Join NHMA’s Legal Services Counsel Stephen Buckley and Municipal Services Counsel Counsel Jonathan Jonathan Cowal Cowal who who will will share share insights and strategies to assist law enforcement agencies in handling governmental record record requests requests arising arising under under the the RSA 91-A, the Right-to-Know Law. The disclosure of police records is governed in part by the Right-to-Know Law and in part part by by rules rules imported imported from from the the Freedom of Information Act (FOIA). This workshop will address the release of records records compiled compiled for for law law enforcement enforcement purposes, and when release can be denied where disclosure would interfere with enforcement enforcement proceedings proceedings or or based based on on other FOIA factors. Attention will also be paid to disclosure exemptions found in other New Hampshire statutes statutes governing governing Body Body Worn Worn Cameras, motor vehicle records, gun licenses, police personnel records, and the retention retention of of police police records. records. Recent Recent New Hampshire Supreme Court decisions on exemptions for internal personnel practices practices and and personnel personnel records records will will be addressed in detail. In addition, guidance will be provided on the retention of governmental governmental records records and and how how claims claims under the Right-to-Know Law are enforced.
Masks are required for in person attendance per building management rules. rules. Lunch Lunch is is not not provided. provided. Attendees will receive an electronic copy of NHMA's recently updated publication, New Hampshire's Hampshire's Right-to-Know Right-to-Know Law-2021 Law-2021 Additional Additional materials such as the PowerPoint presentation will also be distributed electronically. No print print outs outs of of the the materials materials or or hard hard copy copy of of the the publication will be provided.
Pre-registration and pre-payment is required. If you register but cannot attend, a recording recording of of the the workshop workshop will will be provided as long as payment has been received. Questions? Please contact us at 603-230-3350 or nhmaregistrations@nhmunicipal.org nhmaregistrations@nhmunicipal.org www.nhmunicipal.org
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GoGreen! Green! Go Green! Help Us Go Digital! HelpGo Us Go Digital! Go Green!
Help Us Go Digital! Digital! Help Us Go Currently our our bi-monthly magazine, New Hampshire Currently bi-monthly magazine, New Hampshire
Town and our City,bi-monthly is published as a member benefit and Currently magazine, New Hampshire Town and City, is magazine, published asHampshire a member benefit and Currently New distributed to bi-monthly approximately municipal officials Town and our City, is published as 2,300 a member benefit and Town and is published as2,300 a member benefit and distributed to approximately 2,300 municipal officials distributed toHampshire. approximately municipal officials across NewCity, distributed to approximately 2,300 municipal officials across New Hampshire. across New Hampshire. across New Hampshire.
We are pleased to continue to deliver the print edition to We are pleased to continue to deliver the print edition to digimember subscribers, however, should you find tothe We are pleased to continue to deliver the print edition We are pleased to continue the print edition to member subscribers, however, should to youdeliver find the digisubscribers, find thea digitalmember version sufficienthowever, and noshould longeryourequire print copy, tal version sufficient and no longer require a print copy, member subscribers, however, find the digital version sufficient andnhmainfo@nhmunicipal.org. no longer require a should print copy,you please let us knowatat please let us know nhmainfo@nhmunicipal.org. or byor by please let us know at nhmainfo@nhmunicipal.org. or by contacting Tim Fortier. tal version sufficient and no longer require a print copy, contacting Tim Fortier. contacting Tim Fortier.
please let us know at nhmainfo@nhmunicipal.org. or by Thank you foryour yourconsideration consideration to move a print Thank your consideration move from a print Thank you you for for totomove from afrom print contacting Tim Fortier. edition to of of Town andand CityCity magazine. edition to aa digital digitalversion version Town magazine. edition to a digital version of Town and City magazine.
Help Us Out! Go Green with Town and City! Help Us Out!Thank Go Green Green Town and City! you with for consideration Help Us Out! Go withyour Town and City! to move from a print magazine.
Contact TimothyFortier, Fortier,Communications Communications Coordinator, atat603.226.1305 oror at and Contact Timothy Coordinator, 603.226.1305 at edition to a digital version of Town Contact Timothy Fortier, Communications Coordinator, at 603.226.1305 or atCity tfortier@nhmunicipal.org tfortier@nhmunicipal.org
tfortier@nhmunicipal.org
Help Us Out! Go Green with Town and City! Contact Timothy Fortier, Communications Coordinator, at 603.226.1305 or at tfortier@nhmunicipal.org
If you’re not getting it, you’re not getting it.
Don’t be caught without it! NewsLink gives you all the latest information on upcoming workshops, webinars and other training events.
The E-newsletter of the New Hampshire Municipal Association
This bi-weekly electronic newsletter is the most comprehensive resource for local government officials in New Hampshire.
To get all the news you can’t afford to miss, subscribe to NewsLink at www.nhmunicipal.org.
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NEW HAMPSHIRE TOWN AND CITY
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TWO KEY MEMBER PUBLICATIONS ARE NOW READY FOR DOWNLOAD Reworked for the Digital Age Downloading Instructions Using your member account, go to www.nhmunicipal.org/store and click the image of the Right-to-Know publication. Follow instructions to check-out. Please choose "invoice" at time of check-out. If you only see a PayPal option, you likely do not have invoicing privileges with us. Please see your local Account Administrator to add this invoicing permission to your member user account.
Right-to-Know Law 2021 https://www.nhmunicipal.org/store
www.nhmunicipal.org
Court Update 2021 https://www.nhmunicipal.org/resources-publications
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2022 Legislative Series Three Webinars and a Final Update
Raise Your Hometown Voices! 2022 State Legislative Preview
12:00 noon—1:00 pm Tuesday, January 4, 2022 2022 Half-time Report
April Webinar
2022 Legislative Wrap-up
May or June Webinar
2022 Final Legislative Update November 16 or 17, 2022 NHMA Annual Conference DoubleTree by Hilton Manchester Downtown Hotel, Manchester
The 168th session of the New Hampshire General Court begins in January. Help your municipality play an active and consistent role in NHMA’s efforts by participating in the 2022 Legislative Series Webinars and a Final Update. 50
NEW HAMPSHIRE TOWN AND CITY
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— This Moment in NHMA History — 15 years ago… As the cost of energy continued to rise, New Hampshire’s cities and towns began to explore saving tax dollars through energy efficiency. The City of Manchester replaced more than 3,300 traffic lights with energy-efficient light emitting diode (LED) traffic lamps, saving the city nearly $100,000 per year. The Town of Amherst saved nearly $20,000 a year by installing energy efficient lighting, occupancy sensors and other equipment upgrades at municipal and school buildings. Due to recent world developments in the area of avian flu, a first-of-its-kind workshop was held which focused on helping cities and towns prepare for emergency situations. The day-long training provided attendees with response techniques for protecting their municipalities during large-scale natural, public health or terrorist event. The state Department of Health and Human Services received over $800,000 in federal funding to assist with the development of pandemic plans at the state and local level. NHMA’s Committee on Government Affairs (CGA) met in March to begin the development of legislative policy proposals to present to the biennial Legislative Policy Conference in September. NHMA is now seeking member volunteers to serve on our Legislative Policy Committees this spring.
?
?
NAME
THAT
TOWN OR
CITY
? ?
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According to Wikipedia, name the city or town that was one of the fort towns designated to protect the colonies from Indian attack, named “Monadnock Number 8.” In 1751, the town was granted as “New Concord.” As the grant was never settled, the charter was revoked. Reuben Kidder of New Ipswich acquired the grant, naming it “Camden.” The first settlers arrived in 1768 and built log houses. By 1773, the community had 132 inhabitants. On December 13, 1776, the newly established American revolutionary government incorporated the town as it is known today. When you have figured out the answer, email it to tfortier@nhmunicipal.org. The answer will appear in the March/April 2022 issue. ANSWER TO PHOTO IN THE NOVEMBER/DECEMBER ISSUE: The photo on page 41 in the last issue of New Hampshire Town and City magazine is that of the town hall in the Town of Colebrook. Thanks to: Marshall A. Buttrick (Greenville); Cathy Raymond (Laconia); Chief Andrew Shagoury (Tuftonboro); Kathy Scott (Harrisville) and Fred Welch (Ashland) who all responded with the correct answer.
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2022 Legislative Preview: Raise Your Hometown Voices 12:00 noon – 1:00 pm Tuesday, January 4, 2022
Upcoming Webinars
In the second year of the session, the New Hampshire General Court will quickly begin work on several hundred bills of interest to municipalities after a quick couple of days focused on overriding vetoes.
NHMA will be hosting two complimentary webinars in January for members of the New Hampshire Municipal Association.
Remember, it’s also a great time of year to ask to speak with your legislators before they get too busy later in the session. It’s important that they hear from local officials like yourself about the concerns of their municipalities and the issues important to their cities and towns. You can make a big difference by influencing legislative action that will have a direct impact on your city or town. Now is the time to “raise your hometown voices!”
Join Government Affairs Counsel Natch Greyes and Government Finance Advisor Katherine Heck to hear about some of the bills that may of major concern and/or to municipalities this year. Some are good, but, as with last year, most are bad.
The Do’s and Don’ts of Electioneering 12:00 noon – 1:00 pm Wednesday, January 19, 2022 Every state has some form of restriction on political activities near polling places when voting is taking place. These restrictions usually include limiting the display of signs, handing out campaign literature or soliciting votes within a pre-determined distance of a polling place. Beyond the polling places, however, electioneering also restricts certain activities municipal officials may carry out in order to persuade people to vote in an election.
For details and registration information, visit www.nhmunicipal.org under Calendar of Events Questions? Call 603.224.7447 or email NHMAregistrations@nhmunicipal.org.
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NEW HAMPSHIRE TOWN AND CITY
Join NHMA’s Legal Services Counsel, Stephen Buckley, NHMA Legal Services Counsel, who will cover: Electioneering at Polling Places (RSA 659:43); Electioneering by Election Officials (RSA 659:44); and Electioneering by Public Employees (RSA 659:44-a). Particular attention will be paid to the limitations on government actors, town officials and town employees, when using government equipment and communication channels, such as websites and social media, to advocate for approval of warrant articles and budgets at town meeting.
www.nhmunicipal.org
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