RSA 53-F:1 · Definitions

53-F:1 Definitions. – In this chapter:

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I.

"Authority" means the New Hampshire business finance authority, the administrator for the program created by this chapter.

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II.

"Capital provider" means a private entity or its designee, successor, or assigns that finances or refinances a qualifying improvement.

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III.

"C-PACER" means commercial property assessed clean energy or resiliency.

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IV.

"District" means an energy efficiency and clean energy district established under this chapter.

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V.

"Eligible property" means real property located within the boundaries of the district, whether zoned or used for residential, commercial, industrial, or other uses, excluding residential property containing less than 5 dwelling units.

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VI.

"Financing agreement" means the agreement between a property owner and a capital provider which governs the terms of financing between the parties, including the interest rate, term, conditions of prepayment, and penalties and interest for late or delinquent payment.

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VII.

"Municipal program official" means a person designated by a municipality to liaison with the program administrator and administer the municipality duties and responsibilities in accordance with the administrative procedures set forth in the administrative agreement with the authority.

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VIII.

"Municipality" means any city, town, unincorporated town, unorganized place, or village district, or the designated representative of the city, town, or village district.

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IX.

"Program" means the implementation and administration of C-PACER projects and financings according to this chapter.

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X.

"Program administrator" means the authority or a third party designated by the authority to administer the program on its behalf.

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XI.

"Program guidebook" means a comprehensive document created by the authority pursuant to this chapter, including appropriate guidelines for the program, specifications, approval criteria, assessment documents, and other standard forms consistent with the administration of a program under this chapter.

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XII.

"Project application" means an application submitted to the program administrator to demonstrate that a proposed project qualifies for special assessment financing pursuant to the program guidebook.

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XIII.

"Qualifying improvement" means resiliency improvements, energy conservation and efficiency improvements, clean energy improvements, or water conservation improvements.

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(a)

"Clean energy improvement" means the installation of any system on the property for producing electricity for, or meeting heating, cooling, or water heating needs of the property, using either renewable energy sources, combined heat and power systems, or district energy systems using wood biomass (but not construction and demolition waste), waste heat, or natural gas. Such improvements include, but are not limited to, solar photovoltaic, solar thermal, wood biomass, wind, and geothermal systems, provided that, to be covered by an agreement with a property owner and financed under this chapter, such improvements shall be qualifying improvements under RSA 53-F:6; and

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(b)

"Energy conservation and efficiency improvement" means measures to reduce consumption, through conservation or more efficient use, of electricity, fuel oil, natural gas, propane, or other forms of energy on or off the property, including but not limited to air sealing, installation of insulation, installation of heating, cooling, or ventilation systems meeting or exceeding ENERGY STAR standards, building modifications to increase the use of daylighting, replacement of windows with units meeting or exceeding ENERGY STAR standards, installation of energy controls or energy recovery systems, and installation of efficient lighting equipment, provided that, to be covered by an agreement with a property owner and financed under this chapter, all such improvements must be permanently affixed to a building or facility that is part of the property and shall be qualifying improvements under RSA 53-F:6; and

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(c)

"Resiliency improvement" means improvements that increase the resilience of a property, including but not limited to air quality, snow and flood mitigation, energy storage and microgrids, alternative vehicle charging infrastructure, and fire and wind resistance.

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(d)

"Water conservation improvement" means measures, equipment, or devices that decrease the consumption of or demand for water, address safe drinking water or eliminate lead from water used for drinking or cooking.

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XIV.

"Qualifying project" means a project application which has qualifying improvements and has been approved by the program administrator.

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XV.

"Special assessment" means a special assessment within the meaning and subject to the provisions of RSA 80:19, except as provided in RSA 53-F:8.

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XVI.

"Special assessment agreement" or "assessment agreement" means a voluntary agreement of a property owner and a municipality to allow the municipality to place an assessment on the owner's property to repay special assessment financing pursuant to this chapter.

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XVII.

"Special assessment lien" or "lien" means a lien recorded in which the eligible property is located to secure the special assessment, which assessment remains on the property until paid in full. Source. 2010, 215:2. 2011, 68:4, eff. July 15, 2011. 2014, 294:1, eff. Sept. 30, 2014. 2015, 121:1, 8, eff. June 8, 2015. 2025, 1:1, eff. March 10, 2025; 2:2, eff. March 10, 2025.

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