SB186 (2010) Detail

Relative to the establishment of a statewide transportation policy and a transportation advisory commission.


SB 186 – AS AMENDED BY THE SENATE

03/11/09 0652s

2009 SESSION

09-0873

06/05

SENATE BILL 186

AN ACT relative to the establishment of a statewide transportation policy and a transportation advisory commission.

SPONSORS: Sen. Kelly, Dist 10; Sen. Janeway, Dist 7; Sen. Gilmour, Dist 12

COMMITTEE: Transportation and Interstate Cooperation

ANALYSIS

This bill establishes a statewide transportation policy and a transportation advisory commission.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/11/09 0652s

09-0873

06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to the establishment of a statewide transportation policy and a transportation advisory commission.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Statewide Transportation Policy. Amend RSA by inserting after chapter 240 the following new chapter:

CHAPTER 241

STATEWIDE TRANSPORTATION POLICY

AND TRANSPORTATION ADVISORY COMMISSION

241:1 Findings and Public Purpose. The general court finds that:

I. It is essential to the well-being of New Hampshire’s citizens and to the economic health of the state that New Hampshire have and maintain a sustainable and effective transportation system that is capable of efficiently transporting people and goods, and is responsive to changing user needs.

II. The cost of maintaining New Hampshire’s transportation system and infrastructure has increased substantially, greatly outpacing the state’s transportation funding resources. The widening gap between transportation costs and available revenues impedes the ability of the state to maintain and repair existing infrastructure, including bridges and roads, and to develop alternative transportation modes. Efforts are needed to ensure that the New Hampshire transportation system will be sustained for the long-term and that the system as a whole represents a wise investment of public funds.

III. A coordinated transportation policy is essential to ensure that New Hampshire’s transportation system meets changing needs into the 21st century.

IV. The statewide transportation policy in this chapter is intended to inform and direct the department of transportation in its development and implementation of the long-term transportation policy of the state. This policy is not intended to be applied to any individual transportation project, nor does it create a right of private action by any person for the department’s compliance with the policy as applied to the state or to any individual transportation project.

241:2 Statewide Transportation Policy.

I. The statewide transportation policy shall provide direction to the department in the development and advancement of a long-range transportation plan based upon the following principles and criteria:

(a) Enhancement of New Hampshire’s quality of life by strengthening communities and the economy, protecting the natural environment, advancing the state’s comprehensive development plan and growth policy, and reducing the emission of greenhouse gases.

(b) Provision of a safe, efficient, intermodal transportation network through the repair and maintenance of roads, bridges, rail, and other transportation infrastructure.

(c) Realization of an effective regional transportation system that strengthens New Hampshire’s economic position within the New England region.

(d) Achievement of a transportation system which includes multiple transportation options for moving people and goods effectively and efficiently, that serves the diverse needs of rural, urban, low-income, and elderly populations and people with disabilities, and that is adaptable and resilient to meet New Hampshire’s future needs.

(e) Recognition of the land use goals and policies of the state, including the state’s smart growth policy as established in RSA 9-B.

(f) Consideration of the full range of reasonable transportation alternatives for significant highway projects, including but not limited to:

(1) Transportation system management.

(2) Transportation demand management.

(3) Public transit.

(g) Consultation with local and regional land use planning organizations on significant highway projects programs.

(h) Enhancement of the energy efficiency of the transportation system, reduction of the effects of the transportation sector on climate change, and minimization of the impacts of transportation on public health, air and water quality, open spaces, and other natural resources.

(i) Promotion of effective intermodal connections with the state’s major airports to enhance access for the citizens of the state, and to better integrate the state’s major airports within the region’s transportation system to enhance access to and from major population centers in New England.

(j) Promotion of context-sensitive solutions that are consistent with the unique character of urban and rural communities.

(k) Involvement of municipalities, regional planning commissions, metropolitan planning organizations, the public, and other interested parties in major transportation planning, capital investment, and project decisions through timely notice and the opportunity for comment, information sessions, and hearings consistent with applicable state and federal requirements.

(l) Provision of alternatives to minimize the effects of unforeseeable or economic conditions that could adversely affect a predominately single-mode transportation system.

II. Plans and policies developed under this statewide transportation policy shall be submitted to the director of the office of energy and planning for guidance in formulating the transportation section of the comprehensive plan under RSA 9-A:1, III (b)(3).

III. Nothing in this chapter creates a private right of action against the state, the department of transportation, its divisions, or the transportation advisory Commission established under RSA 241:3, regarding any transportation plan or transportation project.

241:3 Transportation Advisory Commission Established. The transportation advisory commission is established to continue the efforts of the Community Advisory Committee and to update the New Hampshire Transportation Business Plan of the Community Advisory Commission. The commission shall act as a voice for New Hampshire citizens and provide recommendations on the development and implementation of a core transportation system with improved efficiency that meets the needs of New Hampshire communities. The commission is charged with assisting in the formulation of recommendations for future initiatives and improvements based upon the needs of transportation consumers and the Transportation Vision for 2030, of the Community Advisory Committee in 2006.

I. The commission’s duties shall consist of:

(a) Developing a comprehensive long range statewide transportation plan for guidance to the department, the governor, and the legislature that:

(1) Reflects the statewide transportation policy established in RSA 241:2;

(2) Meets the changing needs of New Hampshire citizens, businesses, and communities;

(3) Advances the findings of the New Hampshire Transportation Business Plan and the Transportation Vision for 2030, which recognizes that the purpose of transportation is to serve common community aspirations for a better quality of life; and

(4) Serves a broad vision for the state and benefits the consumer of the New Hampshire core transportation system, while being cognizant of national perspectives, national initiatives, and varying inter-regional needs.

(b) Providing recommendations on an advisory basis on policy and implementation to the legislature, the governor, the department of transportation, and the governor’s advisory commission on intermodal transportation to advance the statewide transportation plan.

(c) Providing recommendations on an advisory basis to the legislature, the governor, the department of transportation, and the governor’s advisory commission on intermodal transportation on the drafts of the 10-year plan and their support of the vision and goals of the state’s long range transportation plan.

(d) Compiling data on transportation trends, alternatives, and financing for planners at local, regional, and state levels.

(e) Researching, developing, and recommending funding mechanisms to ensure the transportation system continues to meet the state’s changing needs.

(f) Reviewing existing public participation processes and outreach efforts relative to transportation issues and making recommendations to ensure that these processes are accessible to all users.

(g) Developing ideas to broaden and coordinate transportation services across all state agencies to improve transportation choices and plans to implement these services.

(h) Reporting on how the state’s transportation system meets the needs of the public.

II. The commission shall be comprised of the following members, who shall elect a chairperson by majority vote:

(a) The commissioner of the department of transportation, or designee.

(b) The commissioner of the department of environmental services, or designee.

(c) The commissioner of the department of health and human services, or designee.

(d) A member of the governor’s advisory commission on intermodal transportation, appointed by the commission.

(e) The director of the office of energy and planning, or designee.

(f) A director of the New Hampshire Charitable Foundation, appointed by that organization.

(g) A member of the house public works and highway committee, appointed by the speaker of the house of representatives.

(h) A member of the senate transportation and interstate cooperation committee, appointed by the senate president.

(i) A member of a regional planning commission, nominated by the New Hampshire Association of regional planning commissions and appointed by the governor.

(j) A member of the New Hampshire Local Government Center, appointed by that organization.

(k) A member of the construction industry, appointed by the governor.

(l) A member of the aeronautics industry, appointed by the governor.

(m) A member of the rail industry, appointed by the governor.

(n) A member of the transit industry, appointed by the governor.

(o) A member of the trucking industry, appointed by the governor.

(p) Four members of the public who represent organizations that provide or assess transportation needs, including members with expertise in the environment, citizens with disabilities, and transportation user groups, including but not limited to bicyclists, appointed by the governor.

III. The commission shall be administratively attached to, but independent of, the department of transportation under RSA 21-G:10.

IV. The transportation advisory commission shall make a quadrennial report to the speaker of the house of representatives, president of the senate, the senate clerk, the house clerk, the chairpersons of the house transportation committee and public works and highway committee, the chairpersons of the senate transportation and interstate cooperation committee and capital budget committee, the governor, and the state library. The commission’s first report shall be available for use by the public by March 1, 2011, prior to the convening of the governor’s advisory commission on intermodal transportation, and every 4 years thereafter.

2 Effective Date. This act shall take effect 60 days after its passage.