Revision: April 19, 2012, midnight
HB 1716 – AS AMENDED BY THE SENATE
HOUSE BILL 1716
I. Adopts the 10-year transportation improvement plan for 2013-2022.
II. Requires legislative approval for capital and operating budgets related to passenger rail service prior to any expenditures.
III. Clarifies the management and disbursement of various donations for a public works employee memorial.
IV. Provides that the commissioner of the department of transportation serve as a non-voting member of the governor’s advisory commission on intermodal transportation.
V. Deletes the Jennison Road bridge project, number 8342.
VI. Advances the Belmont–Laconia project, number 2787 and the Concord–Loudon project, number 8341 contingent upon 100 percent financing.
VII. Provides that New Hampshire’s share of the costs of rehabilitating or reconstructing the Sarah Mildred Long Bridge be contingent upon the center lift span being of sufficient length to allow safe passage of the upcoming generation of cargo vessels.
VIII. Deletes the Sutton-Bradford project, number 8340.
IX. Authorizes the commissioner of transportation to acquire land and relocate certain transmission lines for the redevelopment of rest areas on I-93 in the town of Hooksett.
X. Deletes the project Walpole-Charlestown from the Deferred Projects List.
XI. Deletes the Salem to Manchester project of the I-93 widening project from the Deferred Projects List and adds it to the Ten Year Transportation Improvement Plan 2013-2022.
XII. Permits the department of transportation to accept and expend federal or other funds for the I-93 exit 4A Derry/Londonderry project, number 13065.
XIII. Makes the issuance of federal highway grant anticipation bonds contingent upon the availability of sufficient federal aid over the term of the bonds.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the state 10-year transportation improvement program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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 2013-2022 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.
2 Legislative Approval 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. Such legislation shall, 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 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.
3 Powers of Governor and Council; Public Works Employee Memorial. Amend RSA 4:9-i, II(b) to read as follows:
(b) The director of operations, subject to the direction and supervision of the commissioner of transportation, shall administer and disburse [
to] for the committee established in RSA 4:9-j the moneys in the special account established under RSA 4:9-j. [ No money other than necessary expenses prior to construction shall be disbursed until the governor and council approve and award the contract for the construction of the public works employee memorial.] The committee shall approve the expenditure of funds prior to payment by the director of operations.
(c) The director of operations, subject to the direction and supervision of the commissioner of transportation, may administer and disburse to the committee established in RSA 4:9-j, state owned salvaged materials, not otherwise allocated by the department, including but not limited to, granite curb granite blocks, pavement grindings, ditching material, and concrete products, to assist in the construction of the memorial.
4 Committee Established; Special Account. Amend RSA 4:9-j, I and II to read as follows:
I. A committee is established to oversee the location, design, [
and] construction and maintenance of a public works employee memorial and to privately raise and expend all the funds necessary for its construction and maintenance. The governor is authorized to accept for the committee, in the name of the state, the gifts of money, which are donated to construct and maintain the memorial. Notwithstanding any other provision of law, except as provided by RSA 4:9-k, III, the committee may accept donated in-kind services, goods, and materials for the construction and maintenance of the memorial without governor and council approval.
II. The gifts of money, which are donated to contract, construct and maintain the memorial, shall be placed in a special non-lapsing account in the state treasury, to be expended for the purposes of the public works employee memorial. Any money remaining in the special account after construction of the memorial is completed shall be used for the care, maintenance, repair, and additions to the memorial, or for any other purpose deemed appropriate by the committee. Notwithstanding any other provision of law, except as provided by RSA 4:9-k, III, the committee may expend the money raised, once accepted as a gift and without the approval of governor and council, to contract for the construction and perpetual maintenance of the memorial.
5 Committee Membership and Dues. Amend RSA 4:9-k, III and IV to read as follows:
III. The committee shall select the location and design for the public works employee memorial and oversee the construction and maintenance of the memorial. The award of [
the] any contract totaling greater than $25,000 for the design, construction, and maintenance of the public works employee memorial shall be subject to the approval of the governor and council. The committee shall advise and inform the municipality in which the memorial is located as to the design, construction plans, and location for the memorial.
IV. The committee, through the New Hampshire public works community, shall privately raise all the money necessary for the planning, design, construction, and maintenance of the public works employee memorial. Notwithstanding [
RSA 4:9-i, II(b)] any other provision of law, except as provided in RSA 4:9-k, III, the committee [ shall have the authority to] may expend the money raised for the purpose of the public works employee memorial without the approval of governor and council.
6 Governor’s Advisory Commission on Intermodal Transportation; Membership. Amend RSA 228:100 to read as follows:
228:100 Governor’s Advisory Commission on Intermodal Transportation (GACIT) Established. There is established a governor’s advisory commission on intermodal transportation. The members of the commission shall include the members of the executive council [
and]. The commissioner of the department of transportation shall serve as a non-voting member of the commission.
7 Jennison Road Bridge Project; Removal. The Jennison Road bridge project, number 8342, is deleted.
8 State 10-Year Transportation Improvement Plan; Belmont-Laconia; Concord–Loudon. The projects named Belmont-Laconia, project number 2787, and the project named Concord–Loudon, project number 8341 of the state 10-year transportation improvement plan 2011-2020 shall be advanced 2 years, contingent upon 100 percent private funding. The department of transportation may accept and expend private funds for the study, design, and construction costs associated with all or any portion of said projects.
9 Sarah Mildred Long Bridge. New Hampshire’s share of the costs of rehabilitating or reconstructing the Sarah Mildred Long Bridge over the Piscataqua River between Portsmouth, New Hampshire and Kittery, Maine shall be contingent upon the center lift span being of sufficient length to allow safe passage of the upcoming generation of cargo vessels to assure the economic well-being of the port and the businesses utilizing this important shipping channel.
10 Sutton-Bradford Project; Removal and Deferral. The Sutton-Bradford project, number 8340, is deleted.
11 New Paragraph; Turnpike System; Authority Granted. Amend RSA 237:2 by inserting after paragraph VII the following new paragraph:
VII-a. Acquire land as required and relocate the high voltage transmission lines to support the redevelopment of existing rest areas located on I-93 in the town of Hooksett to full service centers with food, state liquor stores, and other retail goods and services for the traveling public as may be required under 2009, 144:84 and SS 2010, 1:76.
12 Removal of Projects from Deferred Project List. The project named Walpole –Charlestown, number 14747, which consists of reconstruction from Main Street in Walpole to NH route 12A in Charlestown is deleted from the Deferred Projects List.
13 Interstate 93 Widening Project; Removal from Deferred Projects List. The project Salem to Manchester, number 14800, which consists of remaining priority improvements (13933I, 13933E, 13933H) which was included in the Ten Year Plan adopted under 2010, 231:1, is deleted from the Deferred Projects List and added to the Ten Year Transportation Improvement Plan 2013-2022.
14 Interstate 93 Widening Project; Salem to Manchester. The department may accept and expend any federal or other funds, with the approval of the governor and council, for the I-93 widening project Salem to Manchester, number 10418c, 7560.
15 Interstate 93 Exit 4A; Derry/Londonderry. The department of transportation may accept and expend any federal or other funds, with the approval of the governor and council, for the Derry/Londonderry project, number 13065, 1816, for the construction of a new exit 4A on I-93.
16 Issuance of Revenue Bonds. 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 issuing of bonds shall be contingent upon the availability of sufficient anticipated federal aid over the term of the bonds. The bonds shall be issued by the treasurer in such amounts as the fiscal committee of the general court and the governor and council shall determine, not exceeding [
$195,000,000 for Interstate 93] $445,000,000 for federally aided highway projects 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.
17 Effective Date. This act shall take effect upon its passage.