SB 170

New Hampshire Senate Bill 170 was recently enacted into law. The legislation, co-sponsored by our NH Senator Jay Kahn, allows for municipalities to borrow money in the form of a bond to fund solutions to provide broadband internet access to those who are unserved. The law in now identified as RSA 33:3-g.

The law articulates certain steps that must be followed, including requesting information from existing internet service providers about the current state of broadband in a town, and in particular which locations are unserved by the internet speeds that define the term "broadband."

A request for proposals must be made public and providers will be able to respond. The municipalities may then choose to accept one or more proposals based upon their own deciding criteria.

In order to issue a bond to fund the project, towns must follow the standard statutory provisions of RSA 33:3 for a public-private partnership, including demonstrating the public benefit of such a project in public hearings. As with any other bond, such as for replacing a bridge or building a library, the town must also hold a bond hearing.

Finally, a town would vote on the issuance of a bond at its annual Town Meeting, where a paper ballot vote must find 2/3 in favor to pass.