HB 441-FN-A – AS INTRODUCED
2007 SESSION
04/03
HOUSE BILL 441-FN-A
COMMITTEE: Resources, Recreation and Development
This bill establishes a non-motorized trails grant program in the bureau of trails and makes an appropriation for such purpose. The bill also permits the bureau of trails to establish fees for the operation and maintenance of non-motorized trailhead parking facilities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0356
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT establishing a non-motorized trails grant program and making an appropriation therefor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Non-Motorized Trails Grant Program. Amend RSA 216-F by inserting after section 6 the following new subdivision:
Non-Motorized Trails Grant Program
216-F:7 Definitions. As used in this chapter:
I. “Non-motorized trails” means those trails designated or used exclusively for non-motorized recreational activities.
II. “Non-motorized trailhead areas” means those areas under the department of resources and economic development jurisdiction and administration designated or used exclusively as parking areas or facilities for non-motorized trails access.
216-F:8 Bureau of Trails; Duties.
I. The bureau of trails, established in RSA 215-A:2, shall:
(a) Coordinate all matters pertaining to non-motorized trails under the jurisdiction and administration of the department of resources and economic development.
(b) Administer any funds provided to the department of resources and economic development for the non-motorized trails program.
(c) Work with organized clubs in the support of non-motorized trails use.
(d) Supervise the production of publications produced by the department of resources and economic development relating to regulations and information on non-motorized trails.
(e) Maintain up-to-date information and data relative to new non-motorized trails machinery, equipment, national standards, and safety.
(f) Assist where required in any non-motorized trails training programs that may be established.
(g) Coordinate efforts to obtain easements and rights-of-way, in establishing non-motorized trails and trail facilities, and any similar tasks that may be required as a responsibility of the department of resources and economic development in relation to non-motorized trails use. The bureau may, with governor and council approval, acquire by purchase, gift, or devise any land for non-motorized trails or trailhead areas.
II. The bureau shall make or participate in a continuing study on the effects of non-motorized trail use on erosion and other damage to the environment. The bureau shall cooperate with other state agencies and maintain a record of all findings that pertain to non-motorized trail use.
III. The chief supervisor of the bureau of trails may make recommendations for the use and control of non-motorized trails, facilities, and lands under bureau control or lease to the commissioner of the department of resources and economic development. The commissioner may adopt such recommendations as rules pursuant to RSA 541-A.
IV. There is hereby established in the state treasurer’s office a special fund known as the non-motorized trails development and maintenance fund. This fund shall be nonlapsing and continually appropriated to the bureau of trails in the department of resources and economic development for the purposes of this subdivision. All parking fees collected at non-motorized trailhead areas shall be deposited in the fund.
V. The commissioner of the department of resources and economic development shall submit an annual report to the chairpersons of the house and senate standing committees, have jurisdiction over recreational trails, state fees, and related matters, as determined by the commissioner, and the state library which details the department’s activities relating to non-motorized trails programs during the previous year. Such report shall include, but not be limited to, parking fee revenues, an accounting of all existing non-motorized trails-related funds, accounts, and subaccounts, disbursements made from each fund, account, or subaccount where applicable, use of disbursed funds, condition of trails, results of the continuing study on environmental damage by non-motorized trail use under paragraph II, and state and contracted or otherwise known local enforcement actions taken. The report shall be submitted on or before January 15 of each year and shall be made available to the public in a manner deemed appropriate by the department.
216-F:9 Rulemaking. The commissioner of the department of resources and economic development shall adopt rules under RSA 541-A relative to:
I. The use and control of non-motorized trails, trailhead areas, and lands under bureau control or lease; and
II. Specific procedures relative to the distribution of and requirements for obtaining funds from the non-motorized trails grant program established under this subdivision.
216-F:10 Non-Motorized Trailhead Parking Fees.
I. The department of resources and economic development shall operate, maintain, and manage the parking facilities at non-motorized trailhead areas under the department’s jurisdiction, and shall be authorized to charge for the use of the parking facilities by fees, including parking violation fines.
II. The commissioner of the department of resources and economic development, in consultation with the director of parks and recreation, shall establish fees for access to and use of non-motorized trailhead areas under the department’s jurisdiction and administration. The fees approved by the commissioner, after prior approval of the fiscal committee of the general court, shall not be subject to the provisions of RSA 541-A.
III. From the amount collected for non-motorized trailhead parking fees, 1/3 of the moneys shall be used by the bureau for bureau operations, 1/3 shall be used by the division of parks and recreation for the maintenance of non-motorized trailhead areas, and 1/3 shall be deposited into the non-motorized trails development and maintenance fund.
216-F:11 Funding; Grant Program.
I. Grants shall be made to non-motorized trails clubs and political subdivisions for the purchase of equipment and the construction and maintenance of public use non-motorized trails and trailhead areas under the department’s jurisdiction. The bureau shall make grants on such terms as it deems necessary and shall determine what trails and trailhead areas shall be eligible.
II. The commissioner of the department of resources and economic development is authorized to accept any gifts, donations, or grants from any source whatsoever, provided said gifts, donations, or grants so received shall be used exclusively to further the purposes of this subdivision.
III. The non-motorized trails grant program shall be implemented by the department by July 2009 to allow adequate funds to accumulate.
2 Appropriation. The sum of $250,000 is hereby appropriated to the department of resources and economic development for the initial costs to implement the non-motorized trails grant program established in RSA 216-F:11, I, including administrative costs, rulemaking, construction and installation of information kiosks and iron rangers, and public outreach programming.
3 New Subparagraph; State Treasurer; Application of Receipts. Amend RSA 6:12, I(b) by inserting after subparagraph (252) the following new subparagraph:
(253) Money deposited in the non-motorized trails development and maintenance fund established in RSA 216-F:8, VI.
4 Effective Date. This act shall take effect upon its passage.
LBAO
07-0356
1/12/07
HB 441-FN-A - FISCAL NOTE
AN ACT establishing a non-motorized trails grant program and making an appropriation therefor.
FISCAL IMPACT:
The Department of Resources and Economic Development states this bill would increase state revenue and expenditures by an indeterminable amount in FY 2007 and each year thereafter. This bill would have no fiscal impact on county and local revenue or expenditures.
This bill appropriates $250,000 from the state general fund in FY 2007 to the Department for the purposes of this bill.
METHODOLOGY:
The Department states this bill would establish a non-motorized grant program in the bureau of trails, and make an appropriation for such purpose. The bill also permits the bureau of trails to establish fees for the operation and maintenance of non-motorized trailhead parking facilities, and establishes the non-motorized trails development and maintenance fund which would consist of fee revenue, and be continually appropriated and non-lapsing to the bureau. The Department states it is unknown how many parking areas would be subject to this fee, how many vehicles could be accommodated in each lot, and how much it would cost for staff to monitor the program. The exact fiscal impact cannot be determined at this time.