HB1065

I am writing in support of HB 1065. It attempts to more closely align to the original language of last sessions HB 631. The original language of 631 before amended, called for a project to be serviced by municipal water and municipal sewer. The amended language in the final passed version read “adequate infrastructure, including roads, water and sewage systems shall be available or provided to support the development”. 1065 would continue to allow high density development in commercial zones while assuring adequate infrastructure be available,“owned or operated by the municipality” and determined as such by the affected community of the proposed development. Municipal water and sewer is a thoughtful, long range process for any community to plan properly for their current and future growth. RSA 674:80 in its current form, allows any private entity to provide water and sewer to a project thus bypassing a community’s ability to plan properly…a perfect example of the law of unintended consequences. I ask that you please support HB 1065 and recommend its passing. It is an appropriate compromise of allowing multi family dwelling units in commercial zones, while still allowing municipalities, to determine locally, the existence of adequate infrastructure.

Commercial land throughout the country is being used for housing. This includes adaptive re-use of underused shopping centers, office buildings, and light industrial buildings as well as conversion of old mills and other historic buildings. This is an opportunity to reimagine our unused infrastructure. Changes I'd like to see: utility infrastructure can be supplied by the municipality, or can be supplied as private utilities such as private water and sewer package plants in order to give the developments flexibility to support the residential growth even if municipal facilities cannot support the development. Please adjust and pass this bill.

RE: Strong Support for HB 1065 Dear Mr. Chair and Members of the Committee, I write in strong and unequivocal support of HB 1065, a necessary corrective to current law that restores clarity, predictability, and sound administrative practice where ambiguity has created confusion, inconsistency, and risk for municipalities and the public alike. HB 1065 addresses a structural deficiency in existing statute that has led to uneven interpretation and implementation across New Hampshire’s cities and towns. In its absence, municipal officials are forced to operate in a gray area—exercising discretion without clear statutory guardrails, exposing communities to avoidable disputes, administrative inefficiency, and potential litigation. HB 1065 resolves this by establishing a clear, uniform framework while preserving appropriate local discretion. Critically, this bill reinforces the principle of local control by enabling municipalities to make informed, context-specific decisions within a clearly defined legal structure. It does not impose a blanket mandate or substitute state judgment for local expertise. Instead, it restores balance by ensuring that local decision-making is both legally defensible and administratively workable. From a fiscal and operational standpoint, HB 1065 is sound policy. By clarifying statutory authority and procedure, it reduces compliance costs, minimizes staff time spent navigating uncertainty, and lowers the risk of legal challenges—costs that ultimately fall on local taxpayers. At a time when municipalities are facing sustained budgetary pressure, legislation that prevents unfunded mandates and administrative inefficiency should be advanced, not delayed. Equally important, HB 1065 promotes consistency and fairness. Residents and stakeholders deserve predictable rules applied evenly across jurisdictions, not outcomes dependent on conflicting interpretations of vague statutory language. This bill strengthens public confidence by ensuring that decisions are made transparently, according to clear standards adopted by the Legislature. In sum, HB 1065 represents responsible, technically sound governance. It corrects a statutory gap, respects municipal authority, protects taxpayers, and reduces legal exposure for local governments. For these reasons, I urge the Committee to recommend HB 1065 as Ought to Pass and to move this bill forward without amendment. Thank you for your careful consideration of this important legislation. Respectfully submitted, David Preece State Representative, Hillsborough 17

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