Chapter 38-D

Section 38-D:1

    38-D:1 Method of Adoption. – Any governing or legislative body of a municipality may adopt or rescind the provisions of this chapter at any duly warned meeting.

Source. 2009, 275:1, eff. Sept. 27, 2009.

Section 38-D:2

    38-D:2 Energy Commission. – A city or town may establish an energy commission, hereinafter called the commission, for the study, planning, and utilization of energy resources for municipal buildings and built resources of such city or town.

Source. 2009, 275:1, eff. Sept. 27, 2009.

Section 38-D:3

    38-D:3 Membership. – The commission shall consist of no fewer than 3 nor more than 10 members. In cities, the members of the commission shall be appointed by the city council subject to the provisions of the city charter, and in towns the members of the commission shall be appointed by the board of selectmen. Alternate members may be appointed in a like manner and when the alternate serves in the absence or disqualification of a regular member, the alternate shall have full voting powers. When a commission is first established, terms of the members shall be for one, 2, or 3 years, and so arranged that the terms of approximately 1/3 of the members will expire each year, and their successors shall be appointed for terms of 3 years each. Any member of a commission so appointed may, after a public hearing with notice under RSA 675:7, if requested, be removed for cause by the appointing authority. A vacancy occurring other than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment. Members of an energy commission shall be residents of the city or town which they represent. Members of an energy commission also may serve on other municipal boards and commissions, including but not limited to, a conservation commission under RSA 36-A, local planning boards under RSA 672, a historic district commission established under RSA 673:4, and a heritage commission established under RSA 673:4-a.

Source. 2009, 275:1, eff. Sept. 27, 2009.

Section 38-D:4

    38-D:4 Duties. –
I. The commission shall:
(a) Research municipal energy use and cost and make such information available to the town on at least an annual basis.
(b) Make recommendations to local boards and committees pertaining to municipal energy plans and sustainable practices such as energy conservation, energy efficiency, energy generation, and zoning practices.
II. The commission may appoint subcommittees as it may from time to time require.

Source. 2009, 275:1, eff. Sept. 27, 2009.

Section 38-D:5

    38-D:5 Appropriations Authorized. –
I. A town or city, having established an energy commission, may appropriate money as necessary for the purpose of this chapter. All or any part of money so appropriated in any year and any gifts of money received under this chapter may be placed in an energy commission fund and allowed to accumulate from year to year. Money may be expended from such fund by the energy commission for the purposes of this chapter without further approval of the town meeting; however, acceptance of gifts over $500 and disbursements over $500 shall require a public hearing with notice under RSA 675:7 and approval of the governing body.
II. The town treasurer, under RSA 41:29, shall have custody of all moneys in the energy fund and shall pay out the same only upon order of the energy commission. The disbursement of energy commission funds following the approval required under paragraph I shall be authorized by a majority of the energy commission.

Source. 2009, 275:1, eff. Sept. 27, 2009.

Section 38-D:6

    38-D:6 Energy Commission Support. – The department of energy and New Hampshire regional planning commissions may establish programs to assist, at their request, the cities and towns which have established an energy commission.

Source. 2009, 275:1, eff. Sept. 27, 2009. 2017, 156:64, eff. July 1, 2017. 2021, 91:200, eff. July 1, 2021.