RSA 53-G:2 · Communications District Planning Committee; Formation and Responsibilities

53-G:2 Communications District Planning Committee; Formation and Responsibilities. –

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I.

The governing bodies of 2 or more municipalities, or the governing body of a county, may at their discretion create a special unpaid committee to be known as a communications district planning committee, consisting of at least 2 persons from each municipality appointed by the respective governing bodies. Governing bodies of municipalities located within a proposed county-wide district may vote to include themselves in this planning committee. Governing bodies of municipalities may vote to join the proposed communications district at a future time pursuant to RSA 53-G:7. The committee shall elect a chairperson, clerk, and treasurer. Members may be reimbursed by the committee for costs of performing duties directly related to the committee.

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II.

The committee may accept funds from any public or private source and may expend money for planning purposes which may include, but not be limited to, engaging legal counsel, accountants, engineers, contractors, consultants, and other advisors, paying for member expenses, or organizational and secretarial assistance. The committee shall report in a timely fashion to each governing body the sources and amounts of such funds. Each municipality represented on the committee may appropriate funds to the committee.

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III.

The committee shall study the advisability of establishing a communications district by examining the types of equipment and infrastructure that would be needed; the methods of organizing, operating, and financing such a district; and the potential benefits and disadvantages to member municipalities. The committee may consider specific sites inside or outside the proposed district for equipment location or which municipalities may have equipment or infrastructure, or both, located within them.

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IV.

If the committee determines that the formation of a district is desirable, it shall prepare a proposed district agreement in accordance with RSA 53-G:4 and hold a public information session in each municipality which is named in the district agreement as a site. Copies of the proposed agreement and of RSA 53-G shall be made available at and prior to any hearing. Notice of any hearing shall be published in one or more newspapers of general circulation in the proposed district or posted on the website of each member municipality and on the county website, if applicable, and posted in one public place in each member municipality, and sent to the governing bodies of participating municipalities.

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V.

After the public hearing and information session, the committee may amend the contents of the proposed agreement and shall send it for review to the attorney general. The attorney general shall approve any proposed agreement unless it is in improper form or is incompatible with the requirements of this chapter and the laws of this state. The attorney general shall inform the governing bodies and the planning committee in writing of any specific respects in which the proposed agreement fails to meet the requirements of law. Approval by the attorney general shall be required for any district agreement to be legally valid. Failure by the attorney general to disapprove an agreement within 30 days of its submission shall constitute approval.

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VI.

The committee may revise the proposed district agreement as it deems necessary and shall resubmit it to the attorney general. A public hearing shall be held in at least one of the participating municipalities if the agreement is substantially revised. The committee may give final approval to a proposed agreement after approval by the attorney general.

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VII.

The committee shall report its findings and recommendations, along with any proposed district agreement, to the governing bodies of the participating municipalities. Source. 2020, 28:7, eff. July 22, 2020. 2021, 198:2, Pt. I, Sec. 1, eff. Oct. 9, 2021. 2025, 69:3, 4, eff. Aug. 1, 2025.

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