CHAPTER 272
HB 1661-FN-LOCAL - FINAL VERSION
16Feb2022... 0356h
31Mar2022... 1173h
04/28/2022 1659s
05/05/2022 1966s
05/05/2022 1976s
05/05/2022 1973s
05/05/2022 1960s
26May2022... 2088CofC
26May2022... 2111EBA
2022 SESSION
22-2513
10/11
HOUSE BILL 1661-FN-LOCAL
AN ACT relative to regional career technical education agreements, an appropriation for
preliminary work for a new legislative parking garage, health and human services,
establishing an extraordinary need grant for schools, training and procedures for
zoning and planning boards, and financial investments and incentives for affordable
housing development.
SPONSORS: Rep. Ladd, Graf. 4; Rep. Umberger, Carr. 2; Rep. Lynn, Rock. 7; Rep. Boehm, Hills.
20; Rep. Cordelli, Carr. 4; Sen. Hennessey, Dist 1; Sen. Watters, Dist 4; Sen. Kahn,
Dist 10; Sen. Reagan, Dist 17
COMMITTEE: Education
─────────────────────────────────────────────────────────────────
AMENDED ANALYSIS
This bill:
1. Requires sending district schools and career and technical education (CTE) centers to enter into
an agreement to include scheduling, access, transportation, and credits for CTE students.
2. Makes an appropriation for preliminary design, engineering, and site work for a new legislative
parking garage and for costs for relocating the department of justice.
3. Establishes a special fund for administration of opioid treatment programs.
4. Establishes a pilot program plan for individuals with developmental disabilities, requires approval
of the fiscal committee for implementation of the program, and makes an appropriation for this purpose.
5. Revises the department’s authority to recover unauthorized payments by the state.
6. Repeals certain reporting requirements.
7. Establishes investigatory procedures and licensing criteria for recreational camps.
8. Allows for alternative service of process under RSA 169-C when a child’s parent cannot be
located.
9. Creates a separate category of foster care license for kinship care homes.
CHAPTER 272
HB 1661-FN-LOCAL - FINAL VERSION
10. Removes the requirement that the department charge premiums for medical assistance provided
under MEAD and MOAD.
11. Allows the department to address the court in guardianship and spousal support cases involving
Medicaid recipients or suspected victims of abuse or exploitation.
12. Directs the department to submit a Medicaid state plan amendment to allow certain family
caregivers or legally responsible persons of Medicaid recipients to serve as personal care attendants and
makes an appropriation for this purpose.
13. Modifies the blood test requirement for purposes of lead paint poisoning prevention and control.
14. Clarifies the food service licensure exemption for recreational camps.
15 Revises certain department of health and human services employee position titles.
16. Provides shift differential payments to clinical staff at New Hampshire hospital and the Glencliff
home and makes an appropriation for this purpose.
17. Establishes new positions for inpatient treatment of children’s behavioral health.
18. Permits salary adjustments for recruitment or retention of classified clinical positions at New
Hampshire hospital and the Glencliff home.
19. Removes references to the Anna Philbrook center, Laconia state school, and Laconia
developmental services and inserts a reference to Hampstead hospital.
20. Decreases the fee for certain child care employment eligibility cards.
21. Establishes requirements for the transfer or discharge of residents from certain child care
agencies.
22. Makes an appropriation to the department of health and human services for hospital birthing
services.
23. Permits consultation and follow up care via telehealth from out-of-state health care providers.
24. Removes the criminal background check requirement for designated caregivers in the therapeutic
cannabis program and modifies the criminal background check requirement for alternative treatment
center agents.
25. Changes the penalty for disclosure of confidential information in an abuse or neglect proceeding
under RSA 169-C from a misdemeanor to a violation.
26. Makes changes to the training and procedures for zoning and planning boards offered by the
office of planning and development.
27. Creates incentives and establishes requirements for workforce housing and affordable housing
development.
---------------------------------------------------------------------------
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.
CHAPTER 272
HB 1661-FN-LOCAL - FINAL VERSION
16Feb2022... 0356h
31Mar2022... 1173h
04/28/2022 1659s
05/05/2022 1966s
05/05/2022 1976s
05/05/2022 19730s
05/05/2022 1960s
26May2022... 2088CofC
22-2513
10/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to regional career technical education agreements, an appropriation for
preliminary work for a new legislative parking garage, health and human services,
establishing an extraordinary need grant for schools, training and procedures for
zoning and planning boards, and financial investments and incentives for affordable
housing development.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 272:1 New Paragraph; Definition; RCTEA. Amend RSA 188-E:2 by inserting after paragraph V the
2 following new paragraph:
3 V-a. "Regional career and technical education center agreement" or "RCTEA" means the
4 governing agreement between receiving and sending schools.
5 272:2 New Section; Regional Career and Technical Education; Agreements. Amend RSA 188-E by
6 inserting after section 1 the following new section:
7 188-E:1-a Regional Career and Technical Education Agreements (RCTEA).
8 I. Each regional career and technical education receiving and sending school entity within a New
9 Hampshire career and technical education (CTE) region shall be governed by a regional career and
10 technical education agreement (RCTEA) which will be renewed every 4 years and submitted to the
11 commissioner for review and approval.
12 II. The department of education shall adopt rules under RSA 541-A concerning the form and
13 procedures for RCTEA.
14 III. Each RCTEA shall include a calendar conformity agreement to comply with RSA 188-E:5,
15 VII(a) and (b) by aligning the school calendars of sending schools with the school calendars of CTE
16 programs at the receiving school. Agreements shall minimize schedule conflicts to better support CTE
17 students with as many hours as possible to fulfill their program requirements. Agreements should
18 address schedule alignment needs such as: disruptions due to differing start/stop times, unscheduled
19 school closures or events, and daily class start/stop times. RCTEA schools are encouraged to align
20 teacher in-service days to allow joint ventures in teacher professional development and other educational
21 initiatives. There may not be more than 10 instructional days following Labor Day through the last student
22 day of the school calendar year on which one or more of the school calendars of the districts within the
23 agreement are not aligned. When CTE regions overlap, or students attend programs in more than one
24 CTE, the provisions of this section shall apply to both regional centers. The commissioner shall not
CHAPTER 272
HB 1661-FN-LOCAL - FINAL VERSION
- Page 2 -
1 approve a RCTEA that does not comply with this paragraph, however a RCTEA may contain provisions
2 for waiver by the commissioner of dissimilar days for extenuating or emergency purposes. If the
3 commissioner determines that all schools within the RCTEA have plans and are reasonably working
4 towards the implementation of an aligned calendar to ensure compliance with this paragraph, an annual
5 waiver may be approved, but a waiver for this purpose shall not be extended beyond July 1, 2026.
6 IV. Each RCTEA shall include the provisions to fulfill the recognition of credits in RSA 188-E:5,
7 XIII.
8 V. Each RCTEA shall include a plan for sending and regional schools to provide tuition and
9 transportation for any student from a sending school who wishes to attend a CTE program, subject to
10 attainment of prerequisites, space availability within the program, and appropriate qualifications under
11 RSA 188-E:2, VIII(b) and RSA 188-E:8, and report to the commissioner any constraints in funding for
12 tuition and transportation that need to be addressed to provide this opportunity. Sending districts shall be
13 responsible for ensuring students schedules allow for full access to CTE programs offered at the regional
14 CTE center, including travel time on buses.
15 272:3 CTE Program; Instructional Time. RSA 188-E:5, VII is repealed and reenacted to read as
16 follows:
17 VII.(a) All career and technical education students shall be given access to career and technical
18 education programs for the instructional time for those programs.
19 (b) Upon a joint application by a student's career and technical education center and his or
20 her sending district, the commissioner may grant a waiver from the requirement of subparagraph (a) on a
21 case-by-case basis. A student waiver may be granted on a case-by-case basis from the requirement of
22 subparagraph (a) in accordance with approved procedure in the RCTEA.
23 272:4 New Paragraph; CTE Credits. Amend RSA 188-E:5 by inserting after paragraph XII the
24 following new paragraph:
25 XIII. A student shall be awarded required subject credit toward district graduation by
26 demonstrating proficiency in a regional career and technical education course or program that is
27 embedded with content area competencies that meet or exceed the district subject and required course
28 competencies. Sending school graduation competencies embedded in a career and technical education
29 course or program used to earn the equivalent or to earn partial credit to satisfy the required graduation
30 competencies shall align with the skills, knowledge, and work study practices as determined by the local
31 school district and in accordance with the terms of the RCTEA. A student who demonstrates proficiency
32 in the embedded CTE course or program competencies and who is determined to have met the content
33 area academic standards required by the high school shall have such credits counted toward the required
34 program area for a high school diploma.
35 272:5 Applicability; Rulemaking. The requirements for regional career and technical education center
36 agreements (RCTEA) under RSA 188-E:1-a and RSA 188-E:5 as inserted by this act shall not be
37 implemented until rules of department of education pursuant to RSA 188-E:1-a, II are adopted and
38 effective.
39 272:6 Appropriation; New Legislative Parking Garage; Department of Justice.
CHAPTER 272
HB 1661-FN-LOCAL - FINAL VERSION
- Page 3 -
1 I. The sum of $9,350,000 for the fiscal year ending June 30, 2022 is hereby appropriated to the
2 department of administrative services for the purpose of preliminary design, engineering, and site work for
3 a new legislative parking garage on the site of the department of justice building located at 33 Capitol
4 Street and for moving and leasing costs for relocating the department of justice. The governor is
5 authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated,
6 and said appropriation shall not lapse.
7 II. Sums appropriated in paragraph I are based on, but shall not be restricted by, the estimates
8 below:
9 (a) Preliminary design, engineering and site work:
10 (1) Design and engineering costs of a 450 space parking garage - $1,400,000.
11 (2) Design and engineering costs to demolish Storrs Street garage - $105,000.
12 (3) Design and engineering costs to demolish current DOJ building - $35,000.
13 (4) Cost to abandon Capitol Street - $25,000.
14 (5) Cost of demolition of DOJ Building - $1,100,000.
15 (6) Cost and engineering for DOJ site prep - $535,000.
16 (b) Moving and leasing related costs:
17 (1) Cost to move the department of justice - $1,200,000.
18 (2) Approximate fit-up cost of 50,000 square feet - $3,750,000.
19 (3) Annual lease costs for the entire building - $1,200,000.
20 272:7 New Subparagraph; State Treasurer and State Accounts; Application of Receipts; Special
21 Fund for Administration of Opioid Treatment Programs. Amend RSA 6:12, I(b) by inserting after
22 subparagraph (382) the following new subparagraph:
23 (383) Moneys deposited in the special fund for administration of opioid treatment
24 programs established in RSA 172:8-c.
25 272:8 New Section; New Hampshire Substance Use Disorder Services System; Special Fund for
26 Administration of Opioid Treatment Programs. Amend RSA 172 by inserting after section 8-b the
27 following new section:
28 172:8-c Special Fund for Administration of Opioid Treatment Programs. There is hereby established
29 a special fund for administration of opioid treatment programs. The fund shall be composed of fees
30 collected by the commissioner in accordance with RSA 172:14, II, and shall be used to carry out the
31 provisions of this chapter including, but limited to, acting upon the application for the certification, permit,
32 or training of opioid treatment programs. The fund shall be nonlapsing and shall be continually
33 appropriated to the commissioner for the purposes of this chapter to support program operations for
34 certification and administration of the department of health and human services oversight of opioid
35 treatment programs.
36 272:9 Department of Health and Human Services; Developmental Services; Pilot Program.
37 I. For the fiscal year ending June 30, 2023, the department of health and human services,
38 division of long term supports and services, shall develop a pilot program to provide services for
39 individuals with developmental disabilities, between 18 and 21 years of age, who are enrolled in school
CHAPTER 272
HB 1661-FN-LOCAL - FINAL VERSION
- Page 4 -
1 and determined eligible for developmental services that are not the responsibility of the local education
2 agency, another state agency, or another division of the department. Participation in the pilot program
3 plan shall be limited to not more than 20 eligible individuals. The selection of the eligible individuals shall
4 be done in a transparent manner accessible by any interested party in the developmental disability
5 community. The department may adopt rules under RSA 541-A relative to implementation and
6 administration of the pilot program.
7 II. For purposes of the pilot program, the local education agency, all state agencies, and divisions
8 of the department involved with an individual seeking services shall, with the consent of the individual or
9 the individual’s guardian, provide information to the area agency and participate in the individual’s service
10 planning. The area agency shall provide such information to the department.
11 III. In addition, the department shall use the information provided in accordance with paragraph II
12 to make the final determination as to whether the services requested are the legal responsibility of the
13 local education agency, another state agency, or another division of the department. All services provided
14 through the pilot program shall be described in detail and provided to the interested parties identified in
15 paragraph V. This requirement shall not be construed as authorization to report personally identifiable
16 information of the program participants.
17 IV. For individuals deemed eligible pursuant to paragraph I, the time period between completion
18 of the individual service agreement, pursuant to RSA 171-A:12, and the allocation by the department of
19 the funds needed to perform the services required by the agreement shall not exceed 90 calendar days.
20 V. On or before February 1, 2023, the department shall provide a