SB 452 – AS AMENDED BY THE SENATE
03/20/08 1060s
2008 SESSION
03/09
SENATE BILL 452
AN ACT relative to transportation planning.
SPONSORS: Sen. Fuller Clark, Dist 24; Sen. Hassan, Dist 23; Sen. Janeway, Dist 7; Sen. Cilley, Dist 6; Sen. Burling, Dist 5; Sen. Kelly, Dist 10; Rep. Borden, Rock 18; Rep. Grote, Rock 18; Rep. Spang, Straf 7; Rep. Foster, Hills 4
COMMITTEE: Transportation and Interstate Cooperation
This bill integrates local, regional, and statewide transportation planning efforts.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/20/08 1060s
08-2849
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to transportation planning.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Comprehensive Plan; Transportation. Amend RSA 9-A:1, III(b)(3) to read as follows:
(3) A transportation section which considers all pertinent modes of transportation and provides a framework of policies and actions which will provide for a safe, [and] adequate, and sustainable transportation system that is coordinated with, supports, and is supported by land use planning at the local, regional, and state levels to serve the needs of the state and its citizens, and which advances other elements of the comprehensive state development plan.
2 Comprehensive Plan; Land Use. Amend RSA 9-A:1, III(b)(7) to read as follows:
(7) A natural resources section which identifies trends in land protection, open space, and farm land preservation and protection, and proposes policies and actions necessary at the state level, including but not limited to policies and actions that integrate land use and transportation planning, to protect those resources which are perceived to be of statewide significance.
3 Comprehensive Plan; State Departments. Amend RSA 9-A:1, IV to read as follows:
IV. The comprehensive development plan shall serve as the basis for policy and program development and implementation by the various departments of state government. State agencies shall develop and regional planning commissions and local planning boards are encouraged to develop plans which are consistent with the policies and priorities established in the comprehensive development plan.
4 Office of Energy and Planning; Coordination. Amend RSA 9-A:2, III to read as follows:
III. Coordinate and monitor the planning efforts of various state agencies and departments, including but not limited to agencies involved in the planning and development of transportation infrastructure, to ensure that program plans published by such agencies are consistent with the policies and priorities established in the comprehensive development plan.
5 Comprehensive Regional Development Plan. Amend RSA 36:47, III to read as follows:
III. In preparing a comprehensive plan for the development of the region within its jurisdiction, each regional planning commission may use the framework for the state’s comprehensive development plan in RSA 9-A:1, III as the basis for its plan. Such plan shall be updated every 5 years, or sooner if desired by the regional planning commission, and each such plan shall include a transportation section which addresses the transportation needs of the region in a manner that is integrated with, supports, and is supported by the land use planning objectives of the region and the comprehensive state development plan. Prior to its adoption, the plan shall be distributed to every library, planning board, and board of selectmen/aldermen/city council in each of the communities within the region, and to the office of energy and planning. The regional planning commission shall address in writing all comments received prior to the publication of a final draft. A public hearing shall be held by the regional planning commission with 30 days’ notice published in all newspapers of general circulation in the region, and shall state where the document can be viewed[,] and the time and place of the public hearing, and shall allow for written comments. For each regional plan, the office of energy and planning shall offer comments as to its consistency with the state plan. The first regional development plans affected by this statute shall be adopted within 5 years of the effective date of this paragraph [and renewed at least every 5 years thereafter].
6 Relationship to Local Planning Boards. Amend RSA 36:50 to read as follows:
36:50 Relationship To Local Planning Boards. A regional planning commission may assist the planning board of any municipality within the delineated region to carry out any regional plan or plans developed by said commission. A regional planning commission may also render assistance on local planning problems. A regional planning commission may make recommendations on the basis of its plans and studies to any planning board, to the legislative body of any city and to the selectmen of any town within its region, to the county commissioners of the county or counties in which said region is located, and to any state or federal authorities. Upon completion of a comprehensive master plan for the region or any portion of said comprehensive master plan, a regional planning commission [may] shall file certified copies of said comprehensive master plan or portion thereof with the planning board of any member municipality. Such planning boards may adopt all or any part of such comprehensive master plan which pertains to the areas within its jurisdiction as its own master plan, subject to the requirements of RSA 674:1[-4] through RSA 674:4.
7 Additional Powers and Duties of Regional Planning Commissions. Amend RSA 36:53 to read as follows:
36:53 Additional Powers and Duties of Regional Planning Commissions. In order to implement any of the provisions of a regional plan, which has been adopted or is in preparation, a regional planning commission may, in addition to its powers and duties under RSA 36:47, undertake studies and make specific recommendations on economic, industrial, and commercial development within the region. [and] Such studies and recommendations shall address the manner in which economic, industrial, and commercial development within the region affect, may best be served by, and may best preserve the capacity of transportation systems within the region. A regional planning commission may carry out, with the cooperation of municipalities and/or counties within the region, economic development programs for the full development, improvement, protection, and preservation of the region’s physical and human resources. Such programs shall be implemented to further the transportation and land use objectives of the comprehensive state development plan and the regional planning commission.
8 Statewide Transportation Improvement Program. Amend RSA 228:99 to read as follows:
228:99 Statewide Transportation Improvement Program (STIP). The governor shall develop a statewide transportation improvement program (STIP) as required by 23 U.S.C. sections 134 and 135, as amended. The governor shall revise and update the program every 2 years. Adoption of the STIP and revised STIP shall be as follows:
I. Each metropolitan planning organization and rural regional planning commission shall reach agreement with the department of transportation relative to funding unified planning work programs consistent with 23 U.S.C. sections 134 and 135 no later than December 1 of each even-numbered year. Each metropolitan planning organization and rural regional planning commission shall provide a regional transportation improvement program (TIP) to the department of transportation no later than April 1 of each odd-numbered year. Such plans shall include a public involvement plan and education initiative to ensure early and adequate input from residents, municipalities, and any other interested parties in New Hampshire relative to the TIP and its consistency with local and regional land use plans and the comprehensive state development plan. Each metropolitan planning organization and regional planning commission shall, in its TIP, describe how the TIP is coordinated with and furthers local and regional land use planning objectives and is consistent with the comprehensive state development plan.
II. The department, upon receipt of the TIPs, shall determine whether the TIPs are consistent with the comprehensive state development plan and shall identify in the tentative STIP aspects of any TIPs that are not consistent. The commissioner shall submit the tentative STIP, with the department’s analysis of its consistency with the comprehensive state development plan, in accordance with the state planning process as required in 23 U.S.C. section 135 to the governor’s advisory commission on intermodal transportation no later than July 1 of each odd-numbered year.
III. The governor’s advisory commission on intermodal transportation shall conduct at least one public hearing in each executive council district to present the tentative STIP to the public and to receive the public’s comments and recommendations regarding the program. The governor’s advisory commission on intermodal transportation shall submit such program along with the commission’s recommendations to the governor no later than December 1 of each odd-numbered year. Each metropolitan planning organization and rural regional planning commission [should] shall conduct an informational meeting after the commission submits its recommendations to receive the public’s final comments and recommendations regarding the proposed programs before adoption by the governor. Each metropolitan planning organization and regional planning commission shall, during such informational meeting, discuss the manner in which the proposed program furthers and is coordinated with the land use planning objectives of the region and the municipalities located therein and the comprehensive state development plan.
IV. Before adopting the STIP, the governor, with the assistance of the department of transportation and the office of energy and planning, shall issue a report on the consistency of the STIP with the comprehensive state development plan and shall amend the STIP as necessary to achieve such consistency. The governor shall submit the report and the STIP to the general court to be acted on no later than January 15 of each even-numbered year. After an enactment by the general court of the STIP or by June 1 of each even-numbered year, whichever is earlier, each metropolitan planning organization and rural regional planning commission should continue its public involvement program by conducting at least one informational meeting concerning the STIP. Such meetings shall address how programs within the STIP will be coordinated with local land use planning within the region and the municipalities located therein.
9 Project Priority. Amend RSA 240:2 to read as follows:
240:2 Project Priority. To the extent practicable, and subject to the requirements of RSA 228:99 relative to the consistency of the statewide transportation improvement program with the comprehensive state development plan and regional and local land use planning, the projects shall be implemented in the order shown in the report.
10 New Section; Procedural Requirements for the State 10-Year Transportation Improvement Plan. Amend RSA 240 by inserting after section 3 the following new section:
240:4 Procedural Requirements. The department of transportation shall be subject to the following procedures regarding the state 10-year transportation improvement plan:
I. Funding for projects shall be prioritized based on a project’s level of readiness to improve the rate at which projects in the 10-year plan are completed.
II. Projects that are fiscally constrained for 4 years and can be readily completed shall be on a separate list titled the statewide transportation improvement plan (STIP). The STIP shall be prioritized by level of readiness.
III. The 10-year plan shall be divided into 3 separate lists: large projects, small projects, and maintenance and repair.
IV. The 10-year plan shall be divided into categories by funding source or function.
V. At least one hearing shall be held by the governor’s advisory commission on intermodal transportation (GACIT) for every regional planning commission. Hearings shall be held beginning in July of the first fiscal year of the biennium.
VI. The general court shall receive the 10-year plan by January 15.
VII. Every 2 years, the department of transportation shall propose to the general court a list of projects to be removed from the 10-year plan because they:
(a) Have significantly changed in scope.
(b) Are no longer feasible.
(c) Lack the necessary permits and are unlikely to receive the necessary permits in the foreseeable future.
(d) Are inconsistent with the comprehensive state development plan or regional and local land use planning.
(e) For other reasons are unnecessary or unlikely to proceed.
VIII. Inflation shall be included in both the costs calculated in the 10-year plan and shall also be included in calculating the necessary revenues.
11 Master Plan; Transportation. Amend RSA 674:2, III(a) to read as follows:
(a) A transportation section which considers all pertinent modes of transportation and provides a framework for both adequate local needs and for coordination with regional and state transportation plans and local land use planning objectives. Suggested items to be considered may include but are not limited to public transportation, park and ride facilities, and bicycle routes, or paths, or both. The transportation section should address the manner in which transportation and local land use planning may:
(1) Preserve the capacity of local roads and state highways by reducing and managing traffic demand.
(2) Make transportation and land uses mutually supportive of one another.
(3) Achieve the principals of smart growth described in RSA 9-B, sound planning, and wise resource protection.
12 Master Plan Preparation. Amend RSA 674:3, I to read as follows:
I. In preparing, revising, or amending the master plan, the planning board may make surveys and studies, and may review data about the existing conditions, probable growth demands, and best design methods to prevent sprawl growth in the community and the region. The board should consider the goals, policies, and guidelines of the comprehensive state development plan and the comprehensive master plan developed by the pertinent regional planning commission and may also consider the goals, policies, and guidelines of any other regional or state plans, as well as those of abutting communities.
13 Purposes of Zoning Ordinances. Amend RSA 674:17, I(a) to read as follows:
(a) To lessen congestion in the streets and coordinate transportation and land use planning;
14 Purposes of Zoning Ordinances. Amend RSA 674:17, II to read as follows:
II. Every zoning ordinance shall be made with reasonable consideration to, among other things, the character of the area involved and its peculiar suitability for particular uses, as well as with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality, and coordinating transportation and land use planning to preserve the capacity of highways and roads.
15 New Subparagraphs; Innovative Land Use Controls. Amend RSA 674:21, I by inserting after subparagraph (n) the following new subparagraphs:
(o) Transportation demand management.
(p) Transit-oriented development.
16 New Subparagraph; Innovative Land Use Controls. Amend RSA 674:21, IV by inserting after subparagraph (b) the following new subparagraph:
(c) “Transportation demand management” means regulations that require, or provide incentives for, land use activities that generate substantial traffic to include measures that help preserve the traffic capacity of existing road and highway infrastructure.
17 Effective Date. This act shall take effect January 1, 2009.