Revision: May 12, 2011, midnight
HB 218 – AS AMENDED BY THE SENATE
05/11/11 1773s
2011 SESSION
06/09
HOUSE BILL 218
AN ACT relative to the New Hampshire rail transit authority.
SPONSORS: Rep. D. McGuire, Merr 8; Rep. J. Richardson, Merr 8; Rep. Itse, Rock 9; Rep. Sorg, Graf 3; Rep. Warden, Hills 7
This bill modifies the New Hampshire rail transit 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/11/11 1773s
11-0291
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the New Hampshire rail transit authority.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Hampshire Rail Transit Authority; Authority Established. Amend RSA 238-A:2 to read as follows:
238-A:2 Authority Established; Duties. There is hereby established the New Hampshire rail transit authority for the [general] purpose of studying cost-benefit analyses of developing [and providing] commuter rail or other similar forms of passenger rail service. The authority shall be an administratively attached agency, pursuant to RSA 21-G:10, to the department of transportation.
2 Membership. Amend RSA 238-A:4, I(h) to read as follows:
(h) Four members appointed by the governor, one of whom resides in the [service] study area of the authority as established in RSA 238-A:5, I, 2 of whom are recognized as experts in railroad matters, and one public member.
3 Study Areas of the Authority. Amend RSA 238-A:5 to read as follows:
238-A:5 [Service Area] Study Areas of the Authority.
I. The [service area] study areas of the authority shall include any town or city in the state of New Hampshire through which commuter rail or other similar forms of passenger rail service [operates or] may operate.
II. The board of directors shall determine when to expand the [service area] study areas of the authority. Upon approval of a resolution to expand the [service area] study areas of the authority, after a properly noticed public hearing, the board of directors shall notify eligible cities, towns, or regional planning commissions of the determination to expand the [service area] study areas of the authority. A city, town, or regional planning commission may petition the authority to support the development and establishment of commuter rail and related public transportation services within its jurisdiction. The board of directors shall have sole discretion to accept or reject any such petition. When considering an expansion of the [service area] study areas of the authority the board of directors shall consider support for the proposed passenger or commuter rail project by affected towns, cities, and regional planning commissions, and the completion of an alternatives analysis or major investment study.
III. When the [service area] study areas of the authority [is] are expanded as identified in [RSA 238-A:5,] paragraph II, new members will be added to the board of directors as follows:
(a) One designee for each town or city added to the [service area] study areas that is not represented on the board of directors.
(b) One designee for each regional planning commission added to the [service area] study areas that is not represented on the board of directors.
4 Powers. Amend RSA 238-A:8, XIII to read as follows:
XIII. Conduct or cause to be conducted any studies that the authority determines necessary pursuant to RSA 238-A:2.
5 Expenses and Obligations. Amend RSA 238-A:11 to read as follows:
238-A:11 Expenses and Obligations. All expenses incurred in carrying out this chapter shall be paid solely from funds provided to or obtained by the authority under this chapter. [Any notes, obligations, or liabilities under this chapter shall not be deemed to be a debt of the state or a pledge of the faith and credit of the state; but those notes, obligations, and liabilities are payable exclusively from funds provided to or obtained by the authority under this chapter. The records and correspondence relating to negotiations, trade secrets received by the authority, and estimates of costs on projects to be put out to bid are confidential.]
6 New Section; Limitation of Authority. Amend RSA 238-A by inserting after section 19 the following new section:
238-A:20 Limitation of Authority. Neither the state of New Hampshire nor its representatives shall expend any capital or operating funds for the purpose of developing or providing passenger rail service without the approval of the general court.
7 Repeal. The following are repealed:
I. RSA 238-A:1, V, VI, and VII, relative to definitions of railroad lines, passenger rail service, and railroad.
II. RSA 238-A:3, relative to duties of the authority.
III. RSA 238-A:5, II and III, relative to service area of the authority.
IV. RSA 238-A:8, VII, IX, X, XII, XIV, XV, and XVI, relative to powers of the authority.
V. RSA 238-A:9, I, II, III, IV, V, VI, VII, and VIII, relative to funding.
VI. RSA 238-A:10, relative to bonds.
VII. RSA 238-A:13, relative to property of the authority.
VIII. RSA 238-A:14, relative to exemption from taxes.
IX. RSA 238-A:15, relative to public utilities commission.
X. RSA 238-A:16, relative to review of rail transit authority.
8 Effective Date. This act shall take effect upon its passage.