The minority of the committee feels strongly that HB 1297 should be recommended as Ought to Pass.  Both a US Supreme Court case (Euclid v Ambley Company, 1926) and a following NH Supreme Court case (Sundeen v Rogers, 1928), it was affirmed that the power of municipalities to pass ordinances related to housing was only legitimate insofar as such ordinances were directly and genuinely for the health and safety of the residents of the town, and that ordinances that were for aesthetic reasons or otherwise not for health and safety, were unconstitutional.  However, starting with redlining practices and continuing with over restrictive, exclusionary zoning ordinances meant to keep certain classes of people out of towns, municipalities have historically far exceeded their constitutional authority in the matter.  This bill would prohibit any residential zoning ordinance that is not based on the current best scientific understanding of what is in the best interest of the health and safety of the residents, and would provide that housing types (like tiny homes and prefab/modular homes) and water and septic technologies would be accepted so long as they meet federal and state requirements. 

Along the same lines, this bill would empower communities to pass ordinances against commercial practices that threaten health or safety (but not ordinances written for aesthetic reasons)...a power many municipalities have sought to have, as large companies have come into towns to claim or pollute town resources like water and open space for themselves, and towns currently have no say in the matter.
