CHAPTER 231
HB 2010 – FINAL VERSION
24Mar2010… 1071h
05/12/10 1965s
02Jun2010… 2278cofc
02Jun2010… 2418eba
2010 SESSION
06/01
HOUSE BILL 2010
AN ACT relative to the state 10-year transportation improvement program, authorizing the issuance of federal highway grant anticipation bonds to finance the replacement of the Memorial Bridge in Portsmouth, New Hampshire, and establishing a commission to study the F.E. Everett Turnpike.
SPONSORS: Rep. Bouchard, Merr 11
COMMITTEE: Public Works and Highways
This bill:
I. Adopts the 10-year transportation improvement plan for 2011-2020.
II. Requires the general court to approve capital and operating budgets prior to an expenditure by the department of transportation and the New Hampshire rail transit authority of any state or federal money for the construction of any passenger rail infrastructure.
III. Requires the department of transportation to integrate other forms of mass transit into implementation of any passenger rail service.
IV. Authorizes the issuance of federal highway grant anticipation bonds to finance costs relating to the replacement or repair of the Memorial Bridge and the Sarah Mildred Long Bridge in Portsmouth, New Hampshire.
V. Establishes a commission to study the F.E. Everett Turnpike.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24Mar2010… 1071h
05/12/10 1965s
02Jun2010… 2278cofc
02Jun2010… 2418eba
10-2943
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the state 10-year transportation improvement program, authorizing the issuance of federal highway grant anticipation bonds to finance the replacement of the Memorial Bridge in Portsmouth, New Hampshire, and establishing a commission to study the F.E. Everett Turnpike.
Be it Enacted by the Senate and House of Representatives in General Court convened:
231:1 State 10-Year Transportation Improvement Plan. The legislature hereby adopts the plan known as the “State of New Hampshire Ten Year Transportation Improvement Plan 2011-2020 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.
231:2 Highway Fund Shortfall. The general court recognizes and appreciates the excellent work of our local communities, the regional planning commissions, the department of transportation and GACIT in developing the State of New Hampshire Ten Year Transportation Improvement Plan for 2011-2020. However, the general court recognizes that there is significant shortfall in the highway fund that will not allow the completion of all the projects contained in the plan. This will, in the absence of additional revenues, require the delay or elimination of many of the projects in this and future Ten Year Transportation Improvement Plans. The general court desires that citizens recognize that this revenue shortfall exists and that many listed highway projects may be significantly delayed or eliminated.
231:3 Turnpike Fund Shortfall. The department of transportation has informed the general court that in order to fully fund and complete the projects listed under the New Hampshire Turnpike System, an increase in toll rates needs to be approved by the governor and council. If a toll increase is not enacted, some of the listed turnpike projects will be delayed or eliminated, including but not limited to open road tolling in Bedford and Hooksett, and the Spaulding Turnpike improvements north of Dover.
231:4 Federal Funding. Many of the highway, turnpike, aeronautic, mass transit, congestion mitigation and other projects listed in the State of New Hampshire Ten Year Transportation Improvement Plan rely on differing amounts of federal funding, the receipt of which is uncertain. Any reduction in the amounts of federal funds listed in this plan will require a dollar-for-dollar reduction in spending and, accordingly, the delay or elimination of certain projects.
231:5 Interstate Route 93 Priority. Pursuant to 2000, 273:1, as amended by 2008, 329:1, the general court reiterates that the state of New Hampshire’s top priority is the reconstruction and widening of Interstate Route 93 from the Massachusetts border to Interstate Route 293 in Manchester to 4 lanes in both directions within the time frame of New Hampshire Ten Year State Transportation Improvement Plan. The general court further understands that the projected revenue is presently inadequate to fully fund the entire project, specifically, capacity improvements north of exit 3. To the extent alternative or additional funding becomes available for the reconstruction and widening of Interstate Route 93 from Salem to Manchester, the expenditure of such funds is hereby authorized.
231:6 Legislative Appropriation of Passenger Railroad Expenditures. Prior to the expenditure of any state or federal moneys by the state of New Hampshire, or its representatives, on the construction or reconstruction of any passenger railroad infrastructure, or the operation of passenger railroad service, the department of transportation and the New Hampshire rail transit authority shall first receive approval from the general court for both the capital and operating budgets related to passenger rail service. Said legislation should, pursuant to house and senate rules, be sent to the public works and highways and finance committees in the house of representatives and the transportation and interstate cooperation and finance committees in the senate, prior to its being acted on by the respective legislative bodies. This section shall not apply to federal money received or expended for planning purposes or studies related to passenger rail service.
231:7 Integration of Mass Transit. For purposes of planning and implementation, the department of transportation shall insure that all forms of intermodal transportation, including mass transit, intracity, intercity, and interstate bus service, rail, and maritime passenger services are fully integrated, to the degree practicable, throughout New Hampshire.
231:8 State Transportation Improvement Plan. Amend RSA 240:2 to read as follows:
240:2 Project Priority. To the extent practicable the projects shall be implemented in the order shown in the [report] plan.
231:9 New Section; Plan. Amend RSA 240 by inserting after section 2 the following new section:
240:2-a Plan. In this chapter, a plan means the “State of New Hampshire Ten Year Transportation Improvement Plan 2011-2020” and any succeeding plan adopted by the general court pursuant to RSA 228:99 and RSA 240 of the laws of New Hampshire.
231:10 Implementation of Plan. Amend RSA 240:3, IV and the introductory paragraph of paragraph V to read as follows:
IV. The [department] governor shall transmit the plan to the general court by January 15 of each even-numbered year. Projects listed in the plan shall be listed by the year the funds are to be expended and the 10 years of the plan shall be financially constrained.
V. Projects listed in the plan, except projects which are solely for infrastructure preservation or which stem from statewide transportation programs included in the plan, shall be prioritized based on a department of transportation methodology that examines the certainty of a project relative to its scope, cost, constructability, [permitibility] permitability, and public support, provided that the project has the following:
231:11 Implementation of Plan. Amend RSA 240:3, VII(b) to read as follows:
(b) Is no longer financially [and] or environmentally feasible; or
231:12 Study of the F.E. Everett Turnpike. The commissioner of the department of transportation shall study the best location of the southbound and northbound mainline open road toll lanes on the F.E. Everett Turnpike. The study shall include the locations to be tolled, the recommended rate, the feasibility of eliminating one or more tolls at the exit ramps in Merrimack, and the necessity and feasibility of widening the 2-lane segments of the turnpike to 3 lanes in each direction. The department of transportation shall hold 4 public hearings, one in each of the following municipalities: Manchester, Nashua, Bedford, and Merrimack. Said study shall be completed and reported to the governor, GACIT, the president of the senate, the speaker of the house of representatives, the chairmen of the transportation and interstate cooperation committee, the public works and highways committee, the senate finance committee, and the house finance committee on or before November 30, 2010.
231:13 Issuance of Revenue Bonds; Replacement of Memorial Bridge in Portsmouth. Amend RSA 228-A:2 to read as follows:
228-A:2 Issuance of Revenue Bonds. The state may issue bonds under this chapter to be known as “federal highway grant anticipation bonds.” The bonds may be issued from time to time for the purpose of financing project costs related to the widening of Interstate 93 from Manchester to the Massachusetts border, the replacement or repair of the Memorial Bridge and the Sarah Mildred Long Bridge in Portsmouth, New Hampshire, and any other federally aided highway project hereafter authorized by the general court to be financed under this chapter. Bonds issued hereunder shall be special obligations of the state and the principal of, premium, if any, and interest on all bonds shall be payable solely from the particular funds provided therefor under this chapter. The bonds shall be issued by the treasurer in such amounts as the governor and council shall determine, not exceeding $195,000,000 for Interstate 93 and $45,000,000 for the replacement or repair of the Memorial Bridge and the Sarah Mildred Long Bridge. Debt service for federal highway grant anticipation bonds (Garvee bonds) for the bridges shall be paid from a portion of future federal bridge funds. Bonds of each issue shall be dated, shall bear interest at such rate or rates, including rates variable from time to time as determined by such index, banker’s loan rate, or other method as may be determined by the treasurer, and shall mature at such time or times as may be determined by the treasurer, except that no bond shall mature more than 15 years from the date of its issue. Bonds may be made redeemable before maturity either at the option of the state or at the option of the holder, or on the occurrence of specified events, at such price or prices and under such terms and conditions as may be fixed by the treasurer prior to the issue of bonds. The treasurer shall determine the form and details of bonds. Subject to RSA 93-A, the bonds shall be signed by the treasurer and countersigned by the governor. The bonds may be sold in such manner, either at public or private sale, for such price, including above or below par value, at such rate or rates of interest, or at such discount in lieu of interest, as the treasurer may determine.
231:14 Memorial Bridge and Sarah Mildred Long Bridge in Portsmouth.
I. Pursuant to the long-standing agreement between New Hampshire and Maine, both states shall remain equally responsible for the costs associated with the replacement, repair, maintenance, and operation of the Memorial and Sarah Mildred Long Bridges.
II. To the extent the state of New Hampshire expends money on the replacement or repair of the Memorial Bridge or the Sarah Mildred Long Bridge before the state of Maine, the state of New Hampshire shall receive a credit with accrued interest towards the total replacement or repair costs of the Memorial and Sarah Mildred Long Bridges. Under no circumstances shall New Hampshire’s costs exceed ½ of the total costs to repair or replace both bridges.
III. No money shall be expended by the state of New Hampshire for the replacement or repair of either bridge until the states of New Hampshire and Maine have signed an agreement consistent with paragraphs I and II.
IV. Any funds received from the state of Maine for its share of the cost of replacing or repairing the Memorial Bridge or the Sarah Mildred Long Bridge shall be deposited by the state treasurer into a specially designated account within the federal aid program for bridge replacement and rehabilitation.
231:15 Study of Franconia Notch Parkway. The commissioner of the department of transportation shall study the general safety and related improvements for Interstate Route 93 known as the Franconia Notch parkway that passes through the towns of Lincoln and Franconia. Such study and its recommendations shall be in accordance with the memorandum of agreement between the department of transportation, the Appalachian Mountain Club, and the Society for the Protection of New Hampshire Forests, dated November 18, 1977, as amended in 1983 and 1993, and approved and incorporated by order of the U.S. District Court, district of New Hampshire, December 14, 1979, in civil actions 74-208 and 74-219. Said study shall be completed and reported to the governor, GACIT, and the general court on or before November 15, 2011.
231:16 Effective Date. This act shall take effect upon its passage.
Approved: June 28, 2010
Effective Date: June 28, 2010