The bill mandates that members of local zoning boards of adjustment (ZBAs) must complete an annual 8-hour educational course and pass a written test designed and administered by the Department of Business and Economic Affairs. The course, which is to be based on the handbook "The Zoning Board of Adjustment in New Hampshire," will cover the duties and proper processes of ZBAs, focusing on the variance process, compliance with RSA 91-A on open meetings, and proper discussion and voting procedures for ZBA meetings. The course will be offered at least once per year and will be free of charge.
The bill specifies that the course must include a written test to assess comprehension of the variance process, the appeal of administrative decision process, and RSA 91-a compliance. A passing score is set at 80 percent, and the results will be published on a publicly accessible website. Any ZBA member who has not passed the test within the previous 12 months is prohibited from participating in ZBA meetings, counting towards a quorum, or having their votes counted. Violators are subject to a fine, which increases if unpaid after certain periods, and no town or state body may reimburse the fined individual. The bill is set to take effect 60 days after its passage. Fiscal impacts are unknown, but there could be an indeterminable increase in local expenditures if municipalities struggle to find enough qualified ZBA members, potentially leading to legal costs associated with appeals requiring action in Superior Court.