SB 269-FN - AS INTRODUCED

2022 SESSION

22-3024

07/11

SENATE BILL 269-FN

AN ACT relative to the New Hampshire weatherization program.

SPONSORS: Sen. Avard, Dist 12; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Perkins Kwoka, Dist 21; Sen. Watters, Dist 4; Sen. Rosenwald, Dist 13; Sen. Soucy, Dist 18; Sen. Prentiss, Dist 5

COMMITTEE: Energy and Natural Resources

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ANALYSIS

This bill reduces the contractor pre-qualifications for contracts pertaining to the New Hampshire weatherization assistance program and calls for the weatherization of re-purposed buildings such as mill buildings.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-3024

07/11

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to the New Hampshire weatherization program.

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

1  Purpose.  The New Hampshire legislature believes all who act in accordance with the laws, rules, and regulations should be treated with the same respect and receive the same benefits they bestow upon the citizens in New Hampshire.  The New Hampshire legislature further believes the shortage of housing will continue to hamper the growth of New Hampshire and its citizens ability to become financially self-sufficient.  It is imperative that all housing meant for human habitation should be treated equally to meet government’s intent to assist in creating energy efficiency in people’s daily lives while also reducing the factors contributing to global warming.  Therefore the legislature has determined it is in the best interest of all inhabitants of the state of New Hampshire to, in relation to the New Hampshire weatherization assistance program, remove the contractor pre-qualifications and call for the specific weatherization of re-purposed buildings such as mill buildings.

2  New Subdivision; New Hampshire Weatherization Assistance Program.  Amend RSA 12-P by inserting after section 15 the following new subdivision:

New Hampshire Weatherization Assistance Program

3  New Sections; New Hampshire Weatherization Assistance Program; Requirements.  Amend RSA 12-P by inserting after section 15 the following new sections:

12-P:16  Pre-Qualification Requirements Removed.  The New Hampshire weatherization assistance program shall remove the pre-qualification requirements for contractors and shall hereby accept any and all contractors doing business in any field necessary to perform the work required to meet the strict standards of workmanship for any and all trades or disciplines used to assist in completion or to complete the work the weatherization assistance program commissions or provides funding in any amount.  Contractors shall have the licenses necessary to comply with New Hampshire state licensing requirements, be a business registered with the New Hampshire secretary of state and in good standing, have and maintain a valid New Hampshire workers compensation insurance in accordance with New Hampshire state law, and maintain liability insurance with a company licensed to do business in New Hampshire in an amount sufficient and necessary to cover any liability for the work both during and after completion.

12-P:17  Weatherization of Re-Purposed Buildings.  The New Hampshire weatherization program shall include weatherization and energy efficiency measures required for restoration and re-purposing of mill buildings, commercial buildings, residential multifamily and single family, treating each as equals so long as the purpose is to create energy efficient housing for New Hampshire inhabitants and complies with all other necessary requirements.  When the intent of maximum energy efficiency, longevity of the savings and efficiency as well as a better value for the use of public funds can be achieved by full replacement of windows said replacement should be the chosen method for the sake of all.

4  Effective Date.  This act shall take effect 60 days after its passage.

LBA

22-3024

12/7/21

SB 269-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the New Hampshire weatherization program.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill reduces the contractor pre-qualifications for contracts pertaining to the New Hampshire

weatherization assistance program and calls for the weatherization of re-purposed buildings such as mill buildings.

The Department of Energy indicates there are two possible meanings of “prequalification” as it relates to the New Hampshire Weatherization Assistance Program, both of which have cost implications.

• Prequalification relates to required “fair and open” competition in the Uniform Guidance 2 CFR 200.319.  A contractor can be “prequalified” by responding to a request for qualifications from the Community Action Program (CAP).  Their qualifications are evaluated and if they meet the requirements, the contractor is placed on a “prequalified” list of contractors.  This process allows for federally required fair and open competition and eliminates the need to go out with an RFP for each contractor, saving time. Eliminating pre-qualification requirements would require each CAP to issue an RFP or go through another allowable procurement process for every weatherization service.  This would increase administrative costs for the CAPs and reduce the amount of funding available for weatherization projects.
• If “pre-qualification” is referring to the certifications weatherization contractors must have to work within the Weatherization Program, those requirements come directly from the U.S. Department of Energy, contained in the WPN 15-4: Quality Work Plan Requirement Update.  This requirement is still in effect and if the bill becomes law, it is likely that the next Work Plan submitted to the US DOE would not be approved since it would be out of compliance and the State would not be awarded federal funding.

The Department indicates noncompliance with federal regulations in the middle of a program year would result in "questioned costs" which the State would either have to pay back to the federal government from general funds or receive reductions in future federal funds.  The program receives federal funds of approximately $1.9 million each year and an additional $18.5 million in one time money from the federal infrastructure bill.  Noncompliance with the U.S. Department of Energy regulations would result in federal funds not being awarded to the State.

AGENCIES CONTACTED:

Department of Energy