Revision: Jan. 21, 2010, midnight
CHAPTER 240
HB 2006 – FINAL VERSION
12Apr2006… 1635h
05/11/06 2224s
2006 SESSION
06/09
HOUSE BILL 2006
AN ACT relative to the state 10-year transportation improvement plan, the exemption of highway projects from eminent domain, improvements on the F.E. Everett Turnpike/I-293 and certain segments of N.H. 101, a bridge crossing the Merrimack, and establishing a study committee.
COMMITTEE: Public Works and Highways
This bill:
I. Updates the 10-year transportation improvement plan to maintain highways and bridges in the state.
II. Exempts certain highway projects from eminent domain.
III. Includes improvements to a segment of the F.E. Everett Turnpike/I-93 and the widening of a segment of N.H. 101.
IV. Requires the department of transportation to make periodic reports.
V. Requires expenditures for the repayment of bonds to be approved by the capital budget overview committee.
VI. Establishes a committee to review the procedures of the 10-year transportation improvement plan.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12Apr2006… 1635h
05/11/06 2224s
06-3064
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the state 10-year transportation improvement plan, the exemption of highway projects from eminent domain, improvements on the F.E. Everett Turnpike/I-293 and certain segments of N.H. 101, a bridge crossing the Merrimack, and establishing a study committee.
Be it Enacted by the Senate and House of Representatives in General Court convened:
240:1 State 10-Year Transportation Improvement Plan. Amend RSA 240:1 to read as follows:
240:1 Legislative Intent.
I. The plan is predicated on the report submitted by the governor to the legislature dated [January 20, 2004] February 16, 2006 and on the “State of New Hampshire Ten Year Transportation Improvement Plan [2005-2014] 2007-2016 Submitted to the Governor, Pursuant to RSA 228:99 and RSA 240 of the Laws of New Hampshire, by the Governor’s Advisory Commission on Intermodal Transportation (GACIT)” which was adopted by GACIT on [December 3, 2003] December 7, 2005 and is intended to serve as the guideline for transportation projects in the state for the next decade.
II. The general court understands that the revenue projected for the plan period [2005-2014] 2007-2016 is inadequate to fund all the projects in the plan. Without additional projects, it is estimated that with revenue increases at $5 million per year, the plan will take approximately 14 years to complete, excluding consideration of inflation on the cost of the projects. In passing this plan, it is the general court’s intent to review the plan every 2 years, pursuant to RSA 228:99 and RSA 240, but not to add projects, except for emergencies, until the funding is adequate to bring the plan within a projected 10-year completion framework.
240:2 Plan. Amend RSA 240:3 to read as follows:
240:3 Plan. The legislature hereby adopts the plan known as the “State of New Hampshire Ten Year Transportation Improvement Plan [2005-2014] 2007-2016 Submitted by the House Public Works and Highways Committee as Part of the Legislative Process Pursuant to RSA 228:99 and RSA 240 of the Laws of New Hampshire” and encourages expeditious implementation of the projects shown therein.
240:3 Exempting Highway Projects Relative to Eminent Domain and Public Purpose. Transportation projects listed in the state 10-year transportation improvement plan 2007-2016 shall be exempt from all statutes enacted after January 1, 2006 limiting the purposes for which the power of eminent domain may be used. The intent of this section is to allow the use of eminent domain for acquiring property to improve transportation infrastructure which in turn, whether intended or not, may benefit subsequent economic development in the area served by the transportation infrastructure.
240:4 State 10-Year Transportation Improvement Plan; F.E. Everett Turnpike/I-293. The project named Manchester, project number 2745, of the state 10-year transportation improvement plan 2007-2016, to reconstruct the interchange at exit 7 to become a full interchange, shall include engineering studies of exit 6 to consider safety and traffic issues, and dependent on the engineering studies of exit 7 and exit 6, the department of transportation shall phase the construction in accordance with what best serves the public needs.
240:5 State 10-Year Transportation Improvement Plan; New Hampshire Route 101; Widening Road. A phase of the project named Bedford, project number 13953, of the state 10-year transportation improvement plan 2007-2016 to widen N.H. 101 to 5 lanes for approximately 2 miles, from N.H. 114 to Wallace Road, may be initially funded by the town of Bedford. Specifically, the town of Bedford may fund the construction of a connector road between Wallace Road and Nashua Road roughly parallel to N.H. 101.
240:6 State 10-Year Transportation Improvement Plan; Bedford Project; Reimbursement.
I. In the year in which the project is funded in the state 10-year transportation improvement plan 2007-2016, the town of Bedford shall receive 80 percent reimbursement of its cost of construction of the connector road from federal funds, provided the following conditions have been met:
(a) The town of Bedford shall demonstrate through an engineering study that the connector road benefits the safety and capacity of N.H. 101.
(b) The engineering design, environmental evaluation, purchase of right-of-way, and construction of the connector road is done in accordance with state and federal requirements that apply to federal aid projects.
II. Reimbursement under paragraph I is contingent on the availability of federal funding specific to the federal program which the project named Bedford, project number 13953, falls within.
III. Nothing in this section shall be construed as a guarantee of reimbursement by state or federal funds. This section allows for reimbursement for a phase of this project in the year the project appears in the state 10-year transportation improvement plan 2007-2016 based on the costs when the connector road is constructed.
240:7 New Subparagraph; Authority for Improvements to Central New Hampshire Turnpike. Amend RSA 237:2, IV by inserting after subparagraph (f) the following new subparagraph:
(g) Construction of a bridge crossing the Merrimack River connecting U.S. 3 in Merrimack and N.H. 102 in Litchfield with future design consideration for a segment of highway connecting N.H. 102 in Litchfield and N.H. 111 in Hudson.
240:8 New Subparagraph; Turnpike System Funds Provided. Amend RSA 237:7, I by inserting after subparagraph (n) the following new subparagraph:
(o) Construction of a bridge crossing the Merrimack River connecting U.S. 3 in Merrimack and N.H. 102 in Litchfield with future design consideration for a segment of highway connecting N.H. 102 in Litchfield and N.H. 111 in Hudson. RSA 237:2, IV(g). 75,000,000
240:9 Oversight and Reporting Required. The department of transportation shall provide a report every 90 days to the governor and the capital budget overview committee on the changes to any projects approved under this plan. The reports shall include current construction dates relative to bidding and completing projects, project additions or deletions to the 10-year plan, and changes in funding programs for any project. The reports shall be developed in a format adopted by the department of transportation.
240:10 Committee Approval Required. Any funds from the highway fund of the state to be used for the repayment of bonds shall not be expended without the approval of the capital budget overview committee.
240:11 Committee Established. There is established a committee to review the 10-year transportation improvement plan procedure.
240:12 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Three members of the senate, appointed by the president of the senate.
(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
240:13 Duties. The committee shall review the procedures of the 10-year transportation improvement plan and make recommendations relative to such plan.
240:14 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held by June 15, 2006. Four members of the committee shall constitute a quorum.
240:15 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before December 20, 2006.
240:16 Effective Date.
I. Sections 11-15 of this act shall take effect upon its passage.
II. The remainder of this act shall take effect 60 days after its passage.
Approved: June 1, 2006
Effective: I. Sections 11-15 shall take effect June 1, 2006
II. Remainder shall take effect July 31, 2006