HB 1452-FN-LOCAL – AS INTRODUCED
2008 SESSION
06/09
HOUSE BILL 1452-FN-LOCAL
AN ACT relative to the impact fee for development affecting state highways.
SPONSORS: Rep. Graham, Hills 18
COMMITTEE: Municipal and County Government
This bill allows a municipality to assess an impact fee when a development impacts a state-maintained highway located in the municipality.
This bill is a request of the department of transportation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2267
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the impact fee for development affecting state highways.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Impact Fees Allowed for Impact to Certain State Highways. Amend the introductory paragraph of RSA 674:21, V to read as follows:
V. As used in this section “impact fee” means a fee or assessment imposed upon development, including subdivision, building construction, or other land use change, in order to help meet the needs occasioned by that development for the construction or improvement of capital facilities owned or operated by the municipality, including and limited to water treatment and distribution facilities; wastewater treatment and disposal facilities; sanitary sewers; storm water, drainage and flood control facilities; public road systems and rights-of-way including state-maintained highways located in the municipality; municipal office facilities; public school facilities; the municipality’s proportional share of capital facilities of a cooperative or regional school district of which the municipality is a member; public safety facilities; solid waste collection, transfer, recycling, processing and disposal facilities; public library facilities; and public recreational facilities not including public open space. No later than July 1, 1993, all impact fee ordinances shall be subject to the following:
2 Effective Date. This act shall take effect 60 days after passage.
LBAO
08-2267
11/02/07
HB 1452-FN-LOCAL - FISCAL NOTE
AN ACT relative to the impact fee for development affecting state highways.
FISCAL IMPACT:
The New Hampshire Municipal Association states this bill may increase local revenue and decrease local expenditures by an indeterminable amount in FY 2008 and each year thereafter. There is no fiscal impact on state and county revenue or expenditures.
METHODOLOGY:
The New Hampshire Municipal Association and the Department of Transportation indicate this bill will allow municipalities to assess an impact fee when a development impacts a state-maintained highway located within a municipality. The Association states this bill provides the potential for increased revenue to a municipality depending on if the municipality were to implement a program to collect impact fees and the amount of the fees. To the extent a municipality would pay for improvements to state-maintained highways, an impact fee will decrease local expenditures. Impact fees would need to be spent for capital improvements or refunded within six years or less per RSA 674:21, V(e).
The Department of Transportation states this bill has no fiscal impact on state revenue or expenditures because assessment, collection, and utilization of impact fees are a municipal responsibility. The Department is not able to determine the fiscal impact on local revenue or expenditures.