New Hampshire

Plain-language summary

New Hampshire's framework for intergovernmental cooperation under RSA Chapter 53-A is broad in scope but unusually limited in geographic reach. Enacted in 1963 as a general intermunicipal cooperation statute, RSA 53-A originally listed specific permitted purposes — notably including construction (building and maintaining parks, highways, sidewalks, sewers, buildings for recreational purposes, lighting plants). The 1977 amendments broadened the statute substantially. RSA 53-A:3, paragraph I now provides: 'Any 2 or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to this chapter.' RSA 53-A:3 explicitly states that authority may be exercised jointly with any other public agency, and the statute is broadly applied to municipal cooperation including financial, human resource, IT, and other functions. However, the critical limitation is in RSA 53-A:2's definition of 'public agency': 'any political subdivision of this state or of any adjoining state and any quasi-municipal corporation, including but not limited to school districts, school administrative units, village districts, regional water districts, and special districts.' Adjoining states means Vermont, Maine, Massachusetts, and New York — the only out-of-state public agencies that can be party to an RSA 53-A agreement. This effectively excludes most national cooperative purchasing programs (OMNIA Partners is headquartered in Tennessee/lead agency Region 4 ESC in Texas; Region 14 ESC in Texas; Sourcewell in Minnesota; BuyBoard in Texas) from working with NH public agencies through RSA 53-A. RSA 53-A:3, paragraph V also requires NH Attorney General approval before any agreement enters into force — a procedural step similar to Iowa or Maine. Failure of the AG to disapprove within 30 days constitutes approval. RSA 53-A:3-a explicitly addresses Public Works Mutual Aid Agreements, confirming the chapter applies to public works cooperation.

Key requirements

• →RSA 53-A:3, paragraph I: any 2 or more public agencies may enter into agreements with one another for joint or cooperative action.
• →RSA 53-A:2 'public agency' definition is GEOGRAPHICALLY LIMITED: any political subdivision of New Hampshire OR of any adjoining state (Vermont, Maine, Massachusetts, New York), and quasi-municipal corporations.
• →Most national cooperative purchasing programs are EXCLUDED from RSA 53-A's reach because their lead agencies are located outside New Hampshire's adjoining states.
• →RSA 53-A:3, paragraph V: every agreement must be submitted to the NH Attorney General who shall determine whether it is in proper form and compatible with NH laws. Failure to disapprove within 30 days constitutes approval.
• →RSA 53-A:3, paragraph II specifies required terms: duration, organization, purpose, manner of financing, termination method, and other necessary matters.
• →RSA 53-A:3-a: Public Works Mutual Aid Agreements are explicitly authorized — confirming the chapter applies to public works cooperation.
• →RSA 53-A:4: agreements must be filed with each municipality clerk and the NH Secretary of State.
• →RSA 53-A:5: if a state agency is a party, the agreement must also be approved by the state officer in charge.
• →RSA 53-A:6: participating agencies may jointly issue bonds or notes under RSA 33 for any permitted purpose.

Construction services

New Hampshire's framework presents a distinctive structural challenge for national cooperative construction procurement. While RSA Chapter 53-A is broadly drafted and explicitly contemplates construction-related cooperation (including through Public Works Mutual Aid Agreements under RSA 53-A:3-a), the definition of 'public agency' in RSA 53-A:2 limits participation to political subdivisions of New Hampshire or of an adjoining state. Adjoining states for these purposes are Vermont, Maine, Massachusetts, and New York. Most national cooperative purchasing programs — including OMNIA Partners (lead agency Region 4 ESC, Texas), Region 14 ESC (Texas), Sourcewell (Minnesota), and BuyBoard (Texas) — have lead agencies located outside this geographic ring, which limits NH public agencies from using national cooperatives under RSA 53-A authority. New Hampshire public agencies considering cooperative construction procurement should engage counsel to evaluate whether the specific cooperative's structure satisfies the RSA 53-A:2 public agency definition. Cooperatives with lead agencies in MA, VT, ME, or NY would generally satisfy the geographic limitation. The NH AG approval process is a meaningful procedural step (one-time per agreement, not per transaction). New Hampshire public works construction continues to be subject to applicable competitive bidding and prevailing wage requirements regardless of cooperative pathway used.