HB1561 (2012) Detail

Discontinuing regional planning commissions.


HB 1561-FN – AS INTRODUCED

2012 SESSION

12-2661

03/10

HOUSE BILL 1561-FN

AN ACT discontinuing regional planning commissions.

SPONSORS: Rep. Kingsbury, Belk 4; Rep. D. McGuire, Merr 8

COMMITTEE: Municipal and County Government

ANALYSIS

This bill eliminates regional planning commissions.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2661

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT discontinuing regional planning commissions.

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

1 Reference Deleted. Amend RSA 4:29 to read as follows:

4:29 By Purchase. The governor, with the advice and consent of the council, may acquire on behalf of the state, either by purchase or otherwise, as hereinafter provided, any real estate within the state which he or she may deem necessary for any military purpose, for public parks, for public buildings, or for any other public improvement purposes and to accept deeds thereof in the name of the state[; provided, however, that 60 days before a purchase of any real estate within the city of Concord or the Concord region, the governor shall provide written notice of such proposed purchase to the state-capitol-region planning commission]. No dam or any real property appurtenant thereto or any rights and easements in either may be acquired pursuant to the authority of this section or any other provision of law except an act of the legislature which authorizes the acquisition of a particular dam, real property, or right or easement.

2 Reference Deleted. Amend RSA 4:30 to read as follows:

4:30 By Eminent Domain. The governor and council, for the purposes aforesaid, are empowered to take and appropriate any such real estate for the use of the state in accordance with RSA 498-A[; provided, however, that 60 days before a taking in the city of Concord or the Concord region, the governor shall provide written notice of such proposed taking to the state-capitol-region planning commission].

3 Reference Deleted. Amend RSA 4:40, IV to read as follows:

IV. This section shall not apply to sale of institutional lands as provided by RSA 10:4, to real estate given or bequeathed to the state under provisions of trust or in settlement of public assistance claims or liens, or to state lands or their products required to be held to procure a continuance of federal conservation work[; provided, however, that the state-capitol-region planning commission shall be provided written notice 60 days before any sale in the city of Concord or Concord area]. This section shall also not apply to the exchange of state-owned lands for other lands of equal or greater value, which are under the jurisdiction of a department and used by such department during right-of-way negotiations or to the sale of buildings that need to be moved to clear such right-of-way for public projects found necessary under other state laws.

4 Reference Deleted. Amend RSA 4-C:2, II to read as follows:

II. In preparing the state development plan, the office of energy and planning shall consult with the chief executive officers of the various departments and agencies of state government. The office shall also consult with officials of [regional planning commissions and] regional and local planning and development agencies, local officials, representatives of the business and environmental community, and the general public.

5 Reference Deleted. Amend RSA 4-C:8, II to read as follows:

II. As requested [and in cooperation with regional planning commissions], provide technical assistance and information in support of the planning and growth management efforts of local units of government, including training requested under RSA 673:3-a. [The office shall encourage municipalities to first seek assistance from established regional planning commissions.]

6 Reference Deleted. 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 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.

7 Reference Deleted. Amend RSA 12-A:46, II(h)(7) to read as follows:

(7) One member representing a regional economic development organization [or a regional planning commission]; and

8 Reference Deleted. Amend RSA 31:104 to read as follows:

31:104 Liability of Municipal Executives. Notwithstanding any provisions of law to the contrary, no member of the governing board of any municipal corporation or political subdivision, no member of any other board, commission, or bureau of any municipal corporation or political subdivision created or existing pursuant to a statute or charter, and no chief executive officer of such municipal corporation or political subdivision, including but not limited to city councilors and aldermen, selectmen, county convention members, members of boards of adjustment, members of planning boards, school board members, mayors, city managers, town managers, county commissioners, [regional planning commissioners,] town and city health officers, overseers of public welfare, and school superintendents shall be held liable for civil damages for any vote, resolution, or decision made by said person acting in his or her official capacity in good faith and within the scope of his or her authority.

9 Reference Deleted. Amend RSA 31:105 to read as follows:

31:105 Indemnification for Damages. A city, town, county, village district or precinct, school district, chartered public school, school administrative unit, or any other municipal corporation or political subdivision may by a vote of the governing body indemnify and save harmless for loss or damage occurring after said vote any person employed by it and any member or officer of its governing board, administrative staff or agencies including but not limited to selectmen, school board members, chartered public school trustees, city councilors and aldermen, town and city managers, [regional planning commissioners,] town and city health officers, overseers of public welfare, and superintendents of schools from personal financial loss and expense including reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment by reason of negligence or other act resulting in accidental injury to a person or accidental damage to or destruction of property if the indemnified person at the time of the accident resulting in the injury, damage, or destruction was acting in the scope of employment or office.

10 Reference Deleted. Amend RSA 31:106 to read as follows:

31:106 Indemnification; Civil Rights Suits. All cities, towns, counties, village districts and precincts, school districts, chartered public schools, school administrative units, and other municipal corporations and political subdivisions shall indemnify and save harmless any person employed by it and any member or officer of its governing board, administrative staff, or agencies including but not limited to selectmen, school board members, chartered public school trustees, city councilors and aldermen, town and city managers, [regional planning commissioners,] town and city health officials, overseers of public welfare, and superintendents of schools from personal financial loss and expense including reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment by reason of any act or omission constituting a violation of the civil rights of an employee, teacher or student, or any other person under any federal law if such act or omission was not committed with malice, and if the indemnified person at the time of such act or omission was acting within the scope of employment or office.

11 Reference Deleted. Amend RSA 36:54, II to read as follows:

II. Provide opportunities for the [regional planning commission and the] potentially affected municipalities to furnish timely input to the municipality having jurisdiction.

12 References Deleted. Amend RSA 36:57 to read as follows:

36:57 Procedure.

I. Upon determination that a proposed development has a potential regional impact, the local land use board having jurisdiction shall afford the [regional planning commission and the] affected municipalities the status of abutters as defined in RSA 672:3 for the limited purpose of providing notice and giving testimony.

II. Not more than 5 business days after reaching a decision regarding a development of regional impact, the local land use board having jurisdiction shall, by certified mail, furnish the [regional planning commission and the] affected municipalities with copies of the minutes of the meeting at which the decision was made. [The local land use board shall, at the same time, submit an initial set of plans to the regional planning commission, the cost of which shall be borne by the applicant.]

III. At least 14 days prior to public hearing, the local land use board shall notify, by certified mail, all affected municipalities [and the regional planning commission] of the date, time, and place of the hearing and their right to testify concerning the development.

IV. Notwithstanding the foregoing, when the building inspector determines that a use or structure proposed in a building permit application will have the potential for regional impact and no such determination has previously been made by another local land use board, he or she shall notify the local governing body. The building inspector shall also notify by certified mail the [regional planning commission and the] affected municipalities, who shall be provided 30 days to submit comment to the local governing body and the building inspector prior to the issuance of the building permit.

13 Reference Deleted. Amend the introductory paragraph of RSA 36-B:1 to read as follows:

36-B:1 Compact Authorized. The director of the office of energy and planning [and/or a regional planning commission which is established under RSA 36, or both,] may negotiate with the proper authorities of the states of Maine, Massachusetts, and Vermont a compact for interstate regional planning substantially in form as follows, which is hereby ratified:

14 Reference Deleted. Amend RSA 38-B:2, I to read as follows:

I. Before the establishment of a regional transit district is put to the local legislative body, the [regional planning commission or] metropolitan planning organization having jurisdiction shall make a recommendation on forming a district. Following the recommendation, the selectmen or mayor of each municipality intending to join shall present to the next annual or special town meeting, city council meeting, or board of aldermen meeting the following question: “Shall the city/town of ___________________ accept the provisions of RSA 38-B providing for the establishment of a regional transit district, together with the towns/cities of ____________________, and the operation of a regional public transit system by the district?” If a majority of the local legislative body voting on the question shall vote in the affirmative, the municipality shall join the proposed regional transit district.

15 Reference Deleted. Amend RSA 38-D:6 to read as follows:

38-D:6 Energy Commission Support. The office of energy and planning [and New Hampshire regional planning commissions] may establish programs to assist, at their request, the cities and towns which have established an energy commission.

16 Reference Deleted. Amend RSA 147-A:4-a, I to read as follows:

I. There is hereby established a hazardous waste facility siting board consisting of 5 members of the general public. [Four] The members of the board shall be appointed by the governor with the consent of the council and shall serve terms of 4 years. [The remaining member shall be chosen by the regional planning commission for the area where the proposed facility is to be located and shall serve for the period during which the facility application is under review.] An employee of the department shall serve as executive secretary to the board. Board members shall receive a per diem of $25.

17 Reference Deleted. Amend RSA 162-A:4, I to read as follows:

I. The management of the authority shall be vested in a board of 14 directors, who shall serve without compensation. The governor, with the consent of the council, shall appoint 9 members of the board, who shall include [an executive director of a regional planning commission and] one elected or appointed local official. The governor shall designate one of the board members as chairperson. Each board member appointed by the governor shall hold office for 3 years, or until a successor has been appointed. The state treasurer shall serve as a voting ex officio member of the board. Two members of the house of representatives, who shall be appointed by the speaker of the house of representatives, and 2 members of the senate, who shall be appointed by the president of the senate, shall serve as nonvoting members of the board. A director serving as a member of the house of representatives or as a member of the senate shall serve for a term ending when the general court dissolves.

18 Reference Deleted. Amend RSA 162-A:5, II to read as follows:

II. If a director is appointed to the board as an [executive director of a regional planning commission or as an] elected or appointed local official and the director ceases to hold such office, the director shall continue as a director for the remainder of the unexpired term and shall be treated for purposes of RSA 162-A:4 as if the director continued to hold such office. If a director is appointed to the board as a member of the house of representatives or as a member of the senate and the director ceases to be a member of the house of representatives or the senate, such director shall also cease to be a director.

19 Reference Deleted. Amend RSA 162-F:14, II(b) to read as follows:

(b) Restoration and rehabilitation of any site, including the physical and aesthetic appearance of the site, that is subject to the requirements of subparagraph II(a) to permit non-nuclear commercial, industrial, or other similar use, consistent with the orderly development of the region with due consideration having been given to the views of municipal [and regional] planning commissions and municipal governing bodies.

20 Reference Deleted. Amend RSA 162-F:21, III to read as follows:

III. Each committee shall rely on all available data and experience in determining the amount of such fund including, but not limited to, information from the Nuclear Regulatory Commission; the public utilities commission; the owner or owners of the facility; municipal [and regional] planning commissions and municipal governing bodies; and relevant construction cost indices. The committee shall publish a transcript of all proceedings during which information was presented or offered into testimony, and a detailed analysis of the facts and figures used in determining the amount of the fund.

21 Reference Deleted. Amend RSA 162-H:16, IV(b) to read as follows:

(b) Will not unduly interfere with the orderly development of the region with due consideration having been given to the views of municipal [and regional] planning commissions and municipal governing bodies.

22 References Deleted. Amend RSA 216-J:2, II(a)(4) and II(b) to read as follows:

(4) The [members] member appointed under [subparagraphs I(d) and] subparagraph I(g) shall serve a one-year [terms] term.

(b) Following the staggering of terms, subsequent terms of commission members appointed under subparagraphs [I(a)-(d)] I(a)-(c) shall be for 3 years. The term of members designated to serve under subparagraphs I(e)-(f) shall be coterminous with his or her term in office. Vacancies shall be filled for an unexpired term in the same manner and by the same body as the original appointment was made.

23 Reference Deleted. Amend RSA 227-E:4, II to read as follows:

II. The governor and council shall appoint the members designated in subparagraphs I(f) through (k). These members shall all be residents of the Connecticut River Valley and shall serve 3-year terms, provided that the initial appointments shall be 2 for a term of one year, 4 for a term of 2 years, and 4 for a term of 3 years. The members appointed under subparagraphs I(a), (b), [(c),] (d), and (e) shall serve at the pleasure of the organizations they represent.

24 Reference Deleted. Amend RSA 227-E:6, IV to read as follows:

IV. Cooperate with, and suggest guidelines for, local communities [and regional planning commissions] to accomplish the purposes of this chapter.

25 Number. Amend the introductory paragraph of RSA 227-M:4, II(c) to read as follows:

(c) [Eight] Seven public members, to be appointed by the governor and council:

26 References Deleted. Amend RSA 228:99, I to read 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.

27 References Deleted. Amend RSA 228:99, III-IV to read as follows:

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 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.

IV. The governor shall submit 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.

28 Reference Deleted. Amend RSA 230:75, VIII to read as follows:

VIII. May assist and cooperate with [regional planning commissions,] municipal governments, other state agencies, and citizens’ groups in the development and construction of local and regional bicycle projects and in the application for any funds available for such projects.

29 References Deleted. Amend RSA 238-A:5, II-III to read as follows:

II. The board of directors shall determine when to expand the service area of the authority. Upon approval of a resolution to expand the service area of the authority, after a properly noticed public hearing, the board of directors shall notify eligible cities[,] or towns[, or regional planning commissions] of the determination to expand the service area of the authority. A city[,] or 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 of the authority the board of directors shall consider support for the proposed passenger or commuter rail project by affected towns[,] and cities, [and regional planning commissions,] and the completion of an alternatives analysis or major investment study.

III. When the service area of the authority is expanded as identified in RSA 238-A:5, 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 that is not represented on the board of directors.

[(b) One designee for each regional planning commission added to the service area that is not represented on the board of directors.]

30 Reference Deleted. Amend RSA 238-A:7, II(c) to read as follows:

(c) Contracts with the department of transportation[, a regional planning commission,] or any other government agency.

31 Reference Deleted. Amend RSA 240:3, XI to read as follows:

XI. The GACIT shall provide the first statewide review of the plan as drafted by the department of transportation [with input from the regional planning commissions].

32 Reference Deleted. Amend RSA 261:92 to read as follows:

261:92 Publicly Owned Vehicles; Nonprofit Corporations. The director shall have the authority to prescribe special rules relative to registration of vehicles owned and driven by the government of the United States, the state, or by any county, city, town, [regional planning commission,] school district, volunteer fire department, eligible nonprofit corporation operating transportation under contract with the department of transportation for the public or for elderly or disabled persons, or public or private educational institution used for the purpose of student driver training, and may issue permanent number plates for such vehicles. Said vehicles displaying said number plates shall be deemed to be properly registered under the provisions of this title and may be driven upon the ways of the state without further registration or subsequent number plates.

33 References Deleted. Amend RSA 432:27, II to read as follows:

II. Municipal planning boards [and regional planning commissions] established pursuant to RSA 673 [or RSA 36] shall be notified in writing by the commissioner of the acquisition or release of an agricultural preservation site which shall be duly noted in the master plan of the municipality or region.

34 Reference Deleted. Amend RSA 483:10, I to read as follows:

I. The rivers coordinator, with the cooperation and assistance of the office of energy and planning, shall develop detailed guidelines for river corridor management plans. The rivers coordinator shall provide technical assistance to [regional planning commissions,] municipalities[,] and local river management advisory committees and shall encourage the development and implementation of river corridor management plans.

35 Reference Deleted. Amend the introductory paragraph of RSA 483-A:7, V to read as follows:

V. Lake management and shoreland protection plans developed pursuant to paragraphs I[, II,] and III shall address, but not be limited to, the following:

36 Reference Deleted. Amend RSA 483-B:21, I(b)(1) to read as follows:

(1) A representative of [a regional planning commission or] the office of energy and planning.

37 Reference Deleted. Amend RSA 485-E:1, II(b) to read as follows:

(b) Establish a regional framework for coastal watershed communities, [regional planning commissions,] the state, and other stakeholders to collaborate on planning and implementation measures to improve and protect water quality and more effectively address the challenges of meeting clean water standards, particularly with respect to nutrients pollution;

38 Reference Deleted. Amend RSA 485-E:3, II to read as follows:

II. To foster improved municipal and intermunicipal land use planning and regulation, [in coordination with the applicable regional planning commissions,] such as to encourage low impact development and innovative zoning and land use management approaches, and to advance the state’s economic growth, resource protection, and planning policy.

39 References Deleted. Amend RSA 485-E:4 to read as follows:

485-E:4 Advisory Committee. The Alliance shall include an advisory committee consisting of the commissioner of the department, or designee, the commissioner of the department of transportation, or designee, [the Strafford, Rockingham, and southern New Hampshire regional planning commission executive directors, or designees,] and the Piscataqua Region Estuaries Partnership director, or designee. The committee shall provide technical assistance, education, scientific advice, and consultation on whether plans advance the state’s economic growth, resource protection, and planning policy, and otherwise share expertise and provide resources to assist the Alliance, in accordance with available resources. Members of the advisory committee shall be nonvoting members of the Alliance. The Alliance may add members to the advisory committee as it determines its needs for expertise.

40 Reference Deleted. Amend RSA 485-E:5, I(a) to read as follows:

(a) Notify the governing bodies, planning boards, conservation commissions, and public works departments of each municipality in the coastal watershed[, and the applicable regional planning commissions,] of the establishment of the Southeast Watershed Alliance and of the need and purpose of the Alliance, and solicit their participation;

41 Reference Deleted. Amend RSA 674:2, III(l) to read as follows:

(l) A housing section which assesses local housing conditions and projects future housing needs of residents of all levels of income and ages in the municipality and the region [as identified in the regional housing needs assessment performed by the regional planning commission pursuant to RSA 36:47, II, and] which integrates the availability of human services with other planning undertaken by the community.

42 Reference Deleted. Amend RSA 674:3, III to read as follows:

III. During the preparation of the various sections of the master plan, the board shall inform the general public and the office of energy and planning [and regional planning commissions] and solicit public comments regarding the future growth of the municipality in order to involve citizens in the preparation of the master plan in a way which is most appropriate for the municipality.

43 Reference Deleted. Amend RSA 674:44-i, I(a) to read as follows:

(a) Conduct a housing needs assessment[, which may be done in cooperation with the regional housing needs assessment compiled by the regional planning commission under RSA 36:47, II].

44 Repeal. The following are repealed:

I. RSA 4-C:2, I(c), relative to development plan.

II. RSA 4-C:8, I, relative to planning assistance.

III. RSA 4-C:8, III, relative to planning interface.

IV. RSA 9-A:2, IV, relative to planning coordination.

V. RSA 21-L:4, II, relative to planning consultation.

VI. RSA 21-O:3, VII, relative to planning contracts.

VII. RSA 36:45 through RSA 36:53, relative to regional planning commissions.

VIII. RSA 36:56, II, relative to development review.

IX. RSA 204-C:56, II(f), relative to eligible applicants.

X. RSA 216-J:2, I(d), relative to commission members.

XI. RSA 227-E:4, I(c), relative to commission members.

XII. RSA 227-M:4, II(c)(7), relative to board members.

XIII. RSA 238-A:1, IV, relative to definitions.

XIV. RSA 238-A:4, I(f) and (g), relative to board members.

XV. RSA 238-A:4, I(n), relative to board members.

XVI. RSA 238-A:4, I(s) and (t), relative to board members.

XVII. RSA 238-A:4, I(v) and (w), relative to board members.

XVIII. RSA 238-A:8, VI, relative to regional planning commission services.

XIX. RSA 239:3, I(k), relative to board of directors.

XX. RSA 239-A:3, I(c), relative to board of directors.

XXI. RSA 239-B:2, I(f), relative to SCC membership.

XXII. RSA 483-A:7, II, relative to lakes management assistance.

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

LBAO

12-2661

12/13/11

HB 1561-FN - FISCAL NOTE

AN ACT discontinuing regional planning commissions.

FISCAL IMPACT:

      The Office of Energy and Planning, New Hampshire Association of Counties, and New Hampshire Municipal Association state this bill will decrease state general fund expenditures by $100,000 and have an indeterminable impact on county and local expenditures in FY 2013 and each year thereafter. There will be no impact on state, county, and local revenues.

METHODOLOGY:

    The Office of Energy and Planning states it grants a total of $100,000 per fiscal year to the nine regional planning commissions in the state for the purpose of providing services to the municipalities and counties the commissions serve. The Office states if these services were not provided by regional planning commissions, municipalities and counties may need to procure technical services through other entities. The Office states it might be sought by municipalities and counties for technical support, however current staffing levels would not enable the Office to offer such support. The Office states this bill would result in a decrease of $100,000 in state general fund expenditures in FY 2013 and each year thereafter.

    The New Hampshire Association of Counties states this bill eliminates regional planning commissions. The Association states only a few counties have chosen to participate as members in regional planning commissions, and to the extent a county has chosen to be a member, their expenditures may decrease as they will no longer be subject to membership dues.

    The New Hampshire Municipal Association states this bill eliminates regional planning commissions, which would result in a short-term decrease in local expenditures as municipalities would no longer be subject to regional planning commission membership dues. The Association states in the long-term however, local expenditures would increase as municipalities would no longer be able to rely on regional planning commissions for planning and consulting services and would have to hire additional staff or pay private consultants for such services. The Association is unable to estimate the extent of the fiscal impact of this bill on local expenditures.

Links

HB1561 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1561 Revision: 21632 Date: Dec. 22, 2011, midnight

Docket