CHAPTER 113
HB 570-FN-A – FINAL VERSION
24Mar2009… 0281h
20May2009… 1966eba
2009 SESSION
03/05
HOUSE BILL 570-FN-A
AN ACT requiring the department of transportation to convey ownership of Skyhaven airport to the Pease development authority.
SPONSORS: Rep. Campbell, Hills 24; Rep. Chandler, Carr 1
COMMITTEE: Public Works and Highways
This bill requires the department of transportation to convey ownership of Skyhaven airport to the Pease development authority.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24Mar2009… 0281h
20May2009… 1966eba
09-0736
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT requiring the department of transportation to convey ownership of Skyhaven airport to the Pease development authority.
Be it Enacted by the Senate and House of Representatives in General Court convened:
113:1 Skyhaven Airport; Transfer of Ownership. Contingent upon Federal Aviation Administration recognition of Pease development authority as sponsor of Skyhaven airport under the Airport and Airway Improvement Act of 1982, the department of transportation shall transfer ownership in fee simple to the Pease development authority for the consideration of $1. A document suitable for recording shall memorialize this transfer and be recorded in the Strafford county registry of deeds. The transfer of ownership shall include land and buildings, and any existing contractual benefits and obligations, including the bond obligation to the New Hampshire treasury and obligations under grant assurances made in connection with receipt of federal and state grant proceeds by the state of New Hampshire. Following the transfer, the Pease development authority shall maintain and operate Skyhaven airport in a satisfactory manner in accordance with federal and state statutes and regulations and shall seek through its management and development of Skyhaven airport to enhance the capacity of the regional airport network system to meet current and projected demand.
113:2 Skyhaven Airport; Transfer of Appropriations. Any funds in the Skyhaven airport maintenance and operations fund and any unexpended appropriations to the division of aeronautics, rail, and transit for the maintenance and for the purpose of operating Skyhaven airport on the effective date of the transfer under section 1 of this act are hereby transferred to the Pease development authority.
113:3 Pease Development Authority; Definitions; Excess Revenue. Amend RSA 12-G:2, XV to read as follows:
XV. “Excess revenues” means those revenues other than division revenues in excess of the funds identified in the audit performed pursuant to RSA 12-G:29 required (a) to pay the costs of operating, maintaining, and repairing all property and projects of the authority except division property and division projects, (b) to pay the costs of administering and operating the authority, including, but not limited to, all wages, salaries, benefits, and other expenses authorized by the board or the executive director except those costs of administering and operating the division, (c) to pay the principal of, and premium, if any, and the interest on the outstanding bonds of the authority, including bonds relating to Skyhaven airport, except any bonds issued in relation to any division property or project, as the same become due and payable, (d) to create and maintain reserves established pursuant to RSA 12-G:18 or required or provided for in any resolution authorizing, or any security document securing, such bonds of the authority, (e) to create and maintain a capital improvement fund for airport property and airport projects to be established by the board in an amount not more than $10,000,000, and (f) to pay all taxes owed by the authority related to its ownership or operation of airport property or airport projects. Excess revenue shall not include any revenues generated from property transferred or conveyed to the authority pursuant to section 13(g) of the Surplus Property Act of 1944, 50 U.S.C. app. section 1622(g), as amended, within the airport district, unless the board and the Federal Aviation Administration deem, in compliance with applicable federal law, including but not limited to 49 U.S.C. app. section 2210(a)(12), such revenues to be excess revenues within the meaning of this chapter. Excess revenues shall not include any revenues deposited in the Skyhaven airport maintenance and operations fund under RSA 422:39.
113:4 Skyhaven Airport Advisory Council. RSA 422:37 is repealed and reenacted to read as follows:
422:37 Skyhaven Airport Advisory Council.
I. There is hereby established a Skyhaven airport advisory council consisting of 11 voting members, 3 of whom shall be appointed by the governor, with the advice and consent of the council. The membership of the advisory council shall be comprised of individuals who shall have expertise in the area of aeronautics and shall not have any financial interest in Skyhaven airport nor be the spouse or issue of any person having such a financial interest. The additional members of the advisory council shall be as follows:
(a) One member appointed by the mayor of Rochester, New Hampshire.
(b) One member appointed by the mayor of Dover, New Hampshire.
(c) One member appointed by the mayor of Somersworth, New Hampshire.
(d) One member appointed by the president of the senate.
(e) One member appointed by the speaker of the house of representatives.
(f) One member representing the economic development sector of Rochester, appointed by the city manager of Rochester.
(g) One member representing the economic development sector of Somersworth, appointed by the city manager of Somersworth.
(h) One member representing the economic development sector of Dover, appointed by the city manager of Dover.
(i) One nonvoting member who shall be the Strafford county representative appointed to the Pease development authority board of directors in accordance with the provisions of 12-G:4, I(g).
II. The term of office for the voting members of the advisory council shall be 3 years and until a successor is appointed and qualified. A vacancy shall be filled in the same manner as the original, but only for the unexpired term.
III. The advisory council shall elect one of its members as chairman, one as a vice-chairman, and one as a secretary/treasurer. The members of the advisory council shall receive no compensation for their services, but their reasonable expenses incurred in the performance of their duties shall be paid from the Skyhaven airport maintenance and operations fund. The advisory council shall have the right to establish bylaws for the management of its affairs within the meaning of this section and the laws of the state. The Pease development authority shall provide the advisory council with administrative support necessary to carry out its responsibilities under this section.
IV. The advisory council shall provide oversight and consult with and advise the Pease development authority and its airport manager with respect to the policy, programs, and goals for Skyhaven airport; all operations of Skyhaven airport, including the preparation of its operating and capital budget; the procurement of services of a fixed based operating firm; and the use of Skyhaven airport property. In order to accomplish said purposes, the advisory council shall meet with the airport manager no less frequently than quarterly, or at the call of the chairman or any 3 council members. The council shall file annually a report of its deliberations and recommendations with the Pease development authority board of directors and executive director. In all instances, the authority shall retain the power to make the final decision regarding the management and operations of Skyhaven airport.
113:5 Skyhaven Airport Maintenance and Operations Fund. Amend RSA 422:39 to read as follows:
422:39 Skyhaven Airport Maintenance and Operations Fund. There is hereby established the Skyhaven airport maintenance and operations fund, which shall be nonlapsing and continually appropriated to the [division of aeronautics, rail, and transit] Pease development authority for the maintenance and operation of Skyhaven airport. All revenues from rental or lease of property and the sale of goods and services at Skyhaven airport shall be deposited into this fund.
113:6 New Subparagraph; General Revenue Exceptions. Amend RSA 6:12, I(b) by inserting after subparagraph (276) the following new subparagraph:
(277) Revenues deposited in the Skyhaven airport maintenance and operations fund established in RSA 422:39.
113:7 Applicability of RSA 12-G-8. Unless otherwise specifically provided in this act, the powers of the Pease development authority as provided in RSA 12-G:8 shall be applicable to the operation and management by the authority of Skyhaven airport.
113:8 Municipal Services. Amend RSA 12-G:14, IV(c) to read as follows:
(c) Outside of the airport district the provision of the municipal services by the towns of Greenland and Newington and the [city] cities of Portsmouth and Rochester shall be governed by the general law of the state and the other provisions of this chapter.
113:9 New Paragraph; Limitations on Taxation. Amend RSA 12-G:14 by inserting after paragraph V the following new paragraph:
VI. Notwithstanding any other provision of law, all property formerly held by the department of transportation and transferred to the authority, or acquired by the authority pursuant to this chapter, is declared to be public property and shall be exempt from all taxes and special assessments of the state or any political subdivision thereof.
113:10 Reference Corrected. Amend RSA 450:4, I to read as follows:
I. The state may, upon proper notification to the owner of an aircraft, exercise its right to have a lien on each aircraft for which the registration fees have not been paid according to RSA [422:37] 422:31. Proper notification to an owner shall be made via registered or certified mail, return receipt requested. The lien, once perfected, shall be prior to all other liens and encumbrances except (a) liens and encumbrances recorded prior to the effective date of this section, and (b) sums unpaid on any primary loans encumbering that aircraft which secure an institutional lender and are promptly perfected. The provisions of this paragraph shall not affect the priority of mechanics’ and materialmen’s liens.
113:11 Repeal. RSA 422:38, relative to duties of the Skyhaven airport operation commission, is repealed.
113:12 Construction and Effect of Other Laws. Unless otherwise provided in this act, the provisions of RSA 12-G:53 shall apply to the operation and management by the Pease development authority of Skyhaven airport.
113:13 Prior Environmental Impacts. Notwithstanding any other provision of law, the Pease development authority shall not assume any liability or responsibility for environmental impacts and damage caused by the use of hazardous substances on any portion of Skyhaven airport prior to November 1, 2008. The authority shall have no obligation to undertake the defense, remediation, and cleanup, including the liability and responsibility for the costs of damage, penalties, legal, and investigative services, arising out of any claim or action in existence on the effective date of this act, or which may be brought following the effective date of this act by any person, because of any use of, or release from any portion of Skyhaven airport of any hazardous substances prior to November 1, 2008.
113:14 Skyhaven Airport Advisory Council; Initial Membership. The members of the Skyhaven airport operation commission on the effective date of this section shall serve as the initial members of the Skyhaven airport advisory council. Each such member shall serve for the period remaining in his or her term of appointment to the Skyhaven airport operation commission on the effective date of this section and until a successor is appointed and qualified. The appointment of successors and additional members required by RSA 422:37 as inserted by section 4 of this act shall be made by the appointing authority designated in such section.
113:15 Effect of Contingency. The commissioner of transportation shall certify the date of the transfer of Skyhaven airport pursuant to section 1 of this act to the secretary of state, the state treasurer, and the director of the office of legislative services. Sections 2-9 and 11-14 of this act shall take effect on the date of the transfer as certified pursuant to this section.
113:16 Effective Date.
I. Sections 2-9 and 11-14 of this act shall take effect as provided in section 15 of this act.
II. The remainder of this act shall take effect upon its passage.
Approved: June 22, 2009
Effective Date: I. Sections 2-9 and 11-14 shall take effect as provided in section 15.
II. Remainder shall take effect June 22, 2009