HB340 (2017) Detail

(New Title) establishing the lakeshore redevelopment planning commission.


CHAPTER 240

HB 340 - FINAL VERSION

 

05/11/2017   1615s

22Jun2017... 2327CofC

2017 SESSION

17-0692

05/04

 

HOUSE BILL 340

 

AN ACT establishing the lakeshore redevelopment planning commission.

 

SPONSORS: Rep. Chandler, Carr. 1; Rep. J. Graham, Hills. 7; Rep. McConkey, Carr. 3; Rep. Danielson, Hills. 7

 

COMMITTEE: Public Works and Highways

 

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AMENDED ANALYSIS

 

This bill establishes the lakeshore redevelopment planning commission to study and make recommendations for the former Laconia state school land and buildings and training facility property, and makes capital and operating appropriations to fund the 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/11/2017   1615s

22Jun2017... 2327CofC 17-0692

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT establishing the lakeshore redevelopment planning commission.

 

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

 

240:1  New Subdivision; Lakeshore Redevelopment Planning Commission.  Amend RSA 10 by inserting after section 4 the following new subdivision:

Lakeshore Redevelopment Planning Commission

10:5  Lakeshore Redevelopment Planning Commission.  

I.  There is hereby established the lakeshore redevelopment planning commission to study the former Laconia state school land and buildings and training center property to identify potential development alternatives, including but not limited to potential public private partnerships, for the purpose of developing the state-owned property for self-sustaining economic development and job creation for the benefit of the city of Laconia, Belknap county, and the state of New Hampshire.

II.  In this subdivision, "commission" means the lakeshore redevelopment planning commission, and "lakes region facility" means the former Laconia state school land and buildings and training center property.

III.  The provisions of this subdivision shall be liberally construed in order to effect its purpose.  Nothing in this subdivision shall be construed to waive the state’s sovereign immunity.

10:6  Membership; Meetings; Compensation.

I.  The commission shall be comprised of the following members:

(a)  Three members who shall have experience as real estate developers or have business experience, appointed by the governor and council.

(b)  One member with business experience who is a resident of Belknap county, appointed by the governor and council.

(c)  One member appointed by the mayor and city council of the city of Laconia.

(d)  One member with business experience, appointed by the speaker of the house of representatives.

(e)  One member with business experience, appointed by the senate president.

II.  The governor shall appoint a member of the commission to be the chairperson.

III.  Appointments to the commission shall be made within 20 days of the effective date of this section.  The first meeting shall be not later than 30 days after the effective date of this section.  The commission shall hold meetings at the call of the chairperson.  Meetings shall be held at least quarterly.  Four members of the commission shall constitute a quorum.  An affirmative vote by 4 members is necessary for any action by the commission.

IV.  Members shall serve without compensation from the commission, except for reimbursement of such incidental expenses determined by the commission to be necessary which are incurred while performing commission business.

10:7  Duties of the Commission.  The commission shall:

I.  Conduct a comprehensive evaluation and study of the physical and environmental condition of the lakes region facility, including the land and buildings.  This study shall have as a primary concern collecting information to assess the potential of the lakes region facility for economic development benefitting the city of Laconia, Belknap county, and the state.  This study may include undertaking environmental reviews and assessments necessary to evaluate opportunities and alternatives for future site reuse and development.

II.  Formulate a comprehensive plan, including potential alternative uses which may also include change of ownership, for the reuse and redevelopment of the lakes region facility.  This plan shall include an evaluation and recommendation regarding each existing building at the lakes region facility, assessing its potential for short-term and long-term reuse and redevelopment.  Such recommendations shall be consistent with the purposes of this subdivision.  This plan shall also include an evaluation of proposed financing mechanisms for implementing any recommended action proposed by the commission.

III.  Solicit input from relevant parties to identify potential reuse and redevelopment opportunities from a broad range of public and private sources, not limited to, developers, planners, and state, county, and municipal officials.

IV.  Identify potential opportunities for integrating future reuse and redevelopment of the lakes region facility with Ahern state park that will mutually benefit both locations, and make recommendations based upon the findings.

V.  Explore different partnership models and agency structures, including a state authority similar to the Pease development authority, and recommend a governing structure to implement the comprehensive plan for reuse and redevelopment prepared by the commission.

VI.  Identify opportunities to fund the elimination of barriers to reuse and redevelopment, including, but not limited to, the receipt of grants, awards, tax credits, and other similar public or private funds.  

VII.  Develop recommendations for infrastructure needs related to the lakes region facility for consideration in the state capital budget for fiscal years 2020 and 2021.  Recommendations may include but not be limited to any transportation, water, or redevelopment needs based on the comprehensive evaluation of the lakes region facility prepared by the commission.

VIII.  Make recommendations, in consultation with the planning board and the city council in the city of Laconia, for any local planning or zoning changes needed to further reuse and redevelopment of the lakes region facility, including, without limitation, integrating such reuse and redevelopment with Ahern state park.

IX.  Make recommendations for any legislative changes necessary to implement the recommendations by the commission.

X.  Make recommendations for administrative rule changes necessary to implement the recommendations of the commission.

10:8  Powers of the Commission.

I.  The commission may appoint a coordinator and establish committees and subcommittees of the commission.  The commission, or the coordinator subject to the direction of the commission, may hire agents and employees, without regard to any personnel or civil service law or rule of the state, prescribe their duties and qualifications, and fix and pay their compensation and expenses.  Any person hired by the commission as an employee shall be a nonclassified employee of the state, an employee at will, and serve at the pleasure of the commission.

II.  Notwithstanding any other provision of law, the commission may:

(a)  Request, accept, and expend any federal funds available to the commission to carry out the purposes of this subdivision or the duties of the commission, provided that state funds  available to be expended by the commission shall not exceed $365,000 in capital and general fund appropriations.

(b)  Make purchases and enter into contracts on behalf of the commission without regard to any provision of law relating to public purchases or contracts.

(c)  Enter into leases or rental agreements with terms not to exceed 3 years for office space or equipment deemed necessary by the commission to carry out its duties under this subdivision.

III.  Notwithstanding any other provision of law, public employees and officials, both elected or appointed, of the state and any of its political subdivisions may serve, if appointed in accordance with the provisions of this subdivision, as commission members or members of any committee or subcommittee of the commission.  Any such public employee or official shall serve without compensation, except that such officials and employees may be reimbursed by the commission for such incidental expenses determined by the commission to be necessary and incurred while performing commission business.

10:9  Coordinator Authorized.

I.  The coordinator, if one is appointed by the commission, shall be the chief executive and administrative officer of the commission and shall have general and active supervision and direction over the day-to-day business and affairs of the commission and its committees, subcommittees, employees, and consultants, subject, however, to the direction and control of the commission.

II.  The coordinator shall perform all such other duties as from time to time may be assigned to him or her by the commission.

III.  The coordinator shall be entitled to:

(a)  Such compensation as established by the commission subject to approval by the fiscal committee of the general court; and

(b)  Payment for such other necessary expenses incurred while actually engaged in the performance of her or his duties under this subdivision.

IV.  Once appointed, the coordinator shall serve in such capacity until he or she resigns or is removed by vote of the commission.  The commission may remove the coordinator without cause and for any reason.

10:10  Reports.  The commission shall make its first report no later than September 1, 2018, and every 6 months thereafter or more frequently as deemed necessary by the commission, to each of the appointing authorities under RSA 10:5 and to the capital budget overview committee under RSA 17-J.  The initial report shall include a progress report of the commission's work and any proposals for legislation deemed necessary by the commission.

240:2  State Employees; Defense and Indemnification.  Amend RSA 99-D:2 to read as follows:

99-D:2 Defense and Indemnification.  If any claim is made or any civil action is commenced against a present or former officer, trustee, official, or employee of the state or any agency thereof, including members of the New Hampshire national guard and any justice of the district, municipal, probate, superior, or supreme court, or the clerks or bail commissioners thereof, or any harbor master appointed by the Pease development authority, division of ports and harbors, or officials and employees of the New Hampshire housing finance authority, or directors, officers, and employees of the Pease development authority, members and employees of the lakeshore redevelopment planning commission, or directors, officers, and employees of the land and community heritage investment authority seeking equitable relief or claiming damages for the negligent or wrongful acts and the officer, trustee, official, or employee requests the state to provide representation for him or her, and the attorney general, or, in the case of a claim or civil action commenced against the attorney general, the governor and council, determines that the acts complained of were committed by the officer, trustee, official, or employee while acting within the scope of official duty for the state and that such acts were not wanton or reckless, the attorney general shall represent and defend such person with respect to such claim or throughout such action, or shall retain outside counsel to represent or defend such person, and the state shall defray all costs of such representation or defense, to be paid from funds not otherwise appropriated.  In such case the state shall also protect, indemnify, and hold harmless such person from any costs, damages, awards, judgments, or settlements arising from the claim or suit.  The attorney general or governor and council shall not be required to consider the request of such person that representation be provided for him or her unless within 7 days of the time such person is served with any summons, complaint, process, notice, demand, or pleading the person shall deliver the original or a copy thereof to the attorney general or, in the case of an action against the attorney general, to the governor and council.  As a condition to the continued representation by the attorney general and to the obligation of the state to indemnify and hold harmless, such officer, trustee, official, or employee shall cooperate with the attorney general in the defense of such claim or civil action.  No property either real or personal of the state of New Hampshire shall be subject to attachment or execution to secure payment of or to satisfy any obligations of the state created under this chapter.  Upon the entry of final judgment in any action brought under this chapter, the governor shall draw a warrant for said payment out of any money in the treasury not otherwise appropriated, and said sums are hereby appropriated.  The attorney general shall have the authority to settle any claim brought under this chapter by compromise and the amount of any such settlement shall be paid as if the amount were awarded as a judgment under this chapter.  Indemnification by the state under this section shall be for the actual amount of costs, damages, awards, judgments, or settlements personally incurred by any such officer, trustee, official, or employee, and the state shall not pay any amounts for which payment is the obligation of any insurance carrier or company under a policy or policies of insurance or any other third party under a similar obligation.

240:3  Capital Appropriation for Lakeshore Redevelopment Planning Commission; Lapse of 2013 Appropriation.

I.  The sum of $115,000 from the unencumbered balance of the capital appropriation made to the department of administrative services in 2013, 195:1, II, A, 1, as extended by 2015, 220:23, 8, for emergency repairs of all state-owned facilities shall lapse on the effective date of this act.

II.  The sum of $115,000 is hereby appropriated to the lakeshore redevelopment planning commission established under RSA 10:5 for the purpose of undertaking any required title, subdivision, and other land preparation needed for the sale of the former Laconia state school property and training center property, and for the purpose of employing a consultant with real estate or financial expertise in preparation of the request for proposals for the sale of said property.  Said funds shall not lapse until June 30, 2021.

III.  To provide funds for the appropriation made in paragraph II, the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of $115,000 and for said purpose may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A.  Payments of principal and interest on the bonds and notes shall be made from the general fund of the state.

IV.  All contracts and projects and plans and specifications therefor for the projects authorized in this section shall be awarded in accordance with the provisions of RSA 21-I.

240:4  Appropriation.  The sum of $250,000 for the fiscal year ending June 30, 2017 is hereby appropriated to the lakeshore redevelopment planning commission for the purposes of its duties under RSA 10:5 through RSA 10:10.  The appropriation in this section shall not lapse until June 30, 2021.  The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

240:5  Repeal.  2015, 276:113 relative to the sale of the former Laconia state school land and buildings, is repealed.

240:6  Severability.  If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are severable.

240:7  Effective Date.  This act shall take effect upon its passage.

 

Approved: July 18, 2017

Effective Date: July 18, 2017

 

 

 

Links

HB340 at GenCourtMobile

Action Dates

Date Body Type
Jan. 25, 2017 House Hearing
Feb. 1, 2017 House Exec Session
Feb. 9, 2017 House Floor Vote
March 28, 2017 Senate Hearing
May 11, 2017 Senate Floor Vote
June 15, 2017 Senate Floor Vote
June 22, 2017 Senate Floor Vote
June 22, 2017 House Floor Vote

Bill Text Revisions

HB340 Revision: 565 Date: July 20, 2017, 10:24 a.m.
HB340 Revision: 566 Date: June 23, 2017, 9:17 a.m.
HB340 Revision: 567 Date: June 9, 2017, 1:50 p.m.
HB340 Revision: 568 Date: Jan. 30, 2017, 10:08 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Public Works and Highways HJ 3 P. 9
Jan. 25, 2017 Public Hearing: 01/25/2017 10:00 AM LOB 201
Feb. 1, 2017 Executive Session: 02/01/2017 LOB 201
Feb. 9, 2017 Committee Report: Ought to Pass for 02/09/2017 (Vote 20-0; CC) HC 10 P. 6
Feb. 9, 2017 Ought to Pass: MA VV 02/09/2017 HJ 6 P. 5
Feb. 16, 2017 Introduced 02/16/2017 and Referred to Finance; SJ 7
March 28, 2017 Hearing: 03/28/2017, Room 103, SH, 01:30 pm; SC 16
May 11, 2017 Committee Report: Ought to Pass with Amendment # 2017-1615s, 05/11/2017; SC 22
May 11, 2017 Committee Amendment # 2017-1615s, AA, VV; 05/11/2017; SJ 16
May 11, 2017 Ought to Pass with Amendment 2017-1615s, MA, VV; OT3rdg; 05/11/2017; SJ 16
June 1, 2017 House Non-Concurs with Senate Amendment 1615s and Requests CofC (Rep. Chandler): MA VV 06/01/2017 HJ 17 P. 3
June 1, 2017 Speaker Appoints: Reps. Chandler, J. Graham, L. Ober, Jack 06/01/2017 HJ 17 P. 3
June 8, 2017 Sen. Daniels Accedes to House Request for Committee of Conference, MA, VV; 06/08/2017; SJ 19
June 8, 2017 President Appoints: Senators Morse, French, D'Allesandro; 06/08/2017; SJ 19
June 14, 2017 Conference Committee Meeting: 06/14/2017 09:30 AM LOB 201
June 15, 2017 Conference Committee Report Filed, # 2017-2327c; 06/15/2017
June 22, 2017 Conference Committee Report # 2017-2327c, Adopted, VV; 06/22/2017; SJ 20
June 22, 2017 Conference Committee Report 2327c: Adopted, VV 06/22/2017 HJ 19 P. 21
June 22, 2017 Enrolled (In recess 06/22/2017); SJ 20
June 22, 2017 Enrolled 06/22/2017 HJ 19 P. 27
July 18, 2017 Signed by Governor Sununu 07/18/2017; Chapter 240; Eff. 7/18/2017