HB 1763-FN - AS AMENDED BY THE HOUSE

12Feb2026... 0193h

2026 SESSION

26-2781

07/09

HOUSE BILL 1763-FN

AN ACT establishing a committee to study siting and maintenance rules regarding certain intellectual and developmental disability (IDD) and acquired brain disorder (ABD) community residences.

SPONSORS: Rep. Drago, Rock. 4; Rep. Bennett, Rock. 4; Rep. Ford, Rock. 3; Rep. Nadeau, Rock. 4; Rep. Mazur, Hills. 44; Rep. Perez, Rock. 16; Rep. Bogert, Belk. 5; Rep. Barbour, Hills. 35

COMMITTEE: Health, Human Services and Elderly Affairs

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AMENDED ANALYSIS

This bill establishes a committee to study siting and maintenance rules regarding certain intellectual and developmental disability (IDD) and acquired brain disorder (ABD) community residences.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Feb2026... 0193h 26-2781

07/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT establishing a committee to study siting and maintenance rules regarding certain intellectual and developmental disability (IDD) and acquired brain disorder (ABD) community residences.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  Committee Established.  There is established a committee to study siting and maintenance rules applicable to intellectual and developmental disability (IDD) and acquired brain disorder (ABD) community residences, including group homes, that are funded, certified, or overseen by the department of health and human services.  

2  Membership and Compensation.  

I.  The members of the committee shall be as follows:  

(a)  Three members of the house of representatives, appointed by the speaker of the house of representatives.

(b)  One members of the senate, appointed by the president of the senate.

II.  Legislative members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3  Duties.  The committee shall:  

I.  Study issues associated with the creation of administrative rules and regulations for the siting, operation, and maintenance of community residences within the state.  Such study shall include, but not be limited to, building codes, fire codes, conflicts with local land use ordinances and regulations, maintaining the character of a neighborhood, good-neighbor and nuisance rules, and other related codes, rules, and laws.  The committee may seek the testimony of any individual or organization it deems appropriate.  

II.  Solicit information, testimony, and input from the public, as well as from relevant state agencies, organizations, municipal representatives, providers, advocates, and subject-matter experts, including, but not limited to, the following:  

(a)  The bureau chief of the bureau of developmental services, or a designated representative;

(b)  A designated representative of the disability rights center of New Hampshire;

(c)  A designated representative of the New Hampshire developmental services quality council;

(d)  A representative of the area agency system;

(e)  A representative of residential service providers;

(f)  An individual with expertise in building or fire safety; and

(g)  A municipal planning or zoning official.

III.  Identify and evaluate potential statutory changes and administrative or regulatory actions, including recommendations for department of health and human services rulemaking that may be necessary to address the siting and maintenance issues studied.

4  Chairperson; Quorum.  The members of the study committee shall elect a chairperson from among the members.  The first meeting of the committee shall be called by the first-named house member.  The first meeting of the committee shall be held within 45 days of the effective date of this section.  The committee shall meet monthly until a report is submitted pursuant to section 5 of this act, or a quorum of the committee modifies the schedule at its discretion.  Three members of the committee shall constitute a quorum.

5  Report.  The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, the executive council, and the state library on or before November 1, 2026.

6  Effective Date.  This act shall take effect upon its passage.

LBA

26-2781

12/15/25

HB 1763-FN- FISCAL NOTE

AS INTRODUCED

AN ACT requiring the department of health and human services to disburse funds to municipalities in an amount equal to the sum of the assessed property values of nonprofit residential facilities in those municipalities.

FISCAL IMPACT:   This bill does not provide funding, nor does it authorize new positions.

METHODOLOGY:

This bill requires the Department of Health and Human Services to disburse to affected municipalities an amount equal to the lost property tax revenues attributable to the tax exempt status of each non-profit residential facility in the state.  A "non-profit residential facility” is defined as a residential care facility, nursing home, shelter, or other residential entity operated by a nonprofit organization that receives funds from the department.  The compensation is to be based on the assessed value of the property, as determined by the municipality and the municipality’s property tax rate for the applicable fiscal year.  The bill prohibits the Department from paying funds to non-profit residential facilties until the affected municipality has been paid.

The Department states that it is unable to determine the non-profit status of all possible organizations contemplated by the broad definition of “non-profit residential facility.”  The Department also was not able to survey all affected facilities to determine property tax revenue lost.  To determine a rough estimate of property tax revenue lost, the Department selected an example of each type of affected facility, determined the example facility’s tax liability based on the applicable tax rate, and multiplied the example facility’s tax liability by the number of facilities of the applicable type that the Department expects to have a non-profit status.

Calculation of the tax liability of example facilities is below.  The Department was not readily able to secure the assessed value of a domestic violence shelter because domestic violence shelter locations are generally confidential.  The Department assumes the tax liability of domestic violence shelters is similar to transitional homeless shelters.

The Department calculates the total cost for all facilities as follows:

For facilities with an asterisk, the Department notes that number of non-profit providers was adjusted upwards to account for providers that have multiple facilities under same license.

In addition to the costs above, the Department anticipates needing one full-time and one part-time Business Administrator I to support operations required by the bill.  Total costs of the two positions are estimated at $146,000 for FY 28 and $153,000 for FY 29.

As the bill has an effective date of January 1, 2027, the Department assumes the cost in FY27 will be half of those for a full fiscal year.

AGENCIES CONTACTED:

Department of Health and Human Services and New Hampshire Municipal Association