Revision: May 10, 2018, 9:41 a.m.
HB 2018 - AS AMENDED BY THE SENATE
15Mar2018... 0806h
15Mar2018... 0888h
05/03/2018 1807s
05/03/2018 1824s
05/03/2018 1932s
2018 SESSION
18-3034
06/01
HOUSE BILL 2018
AN ACT relative to the state 10-year transportation improvement program and establishing a committee to study the removal of the Merrimack tolls.
SPONSORS: Rep. McConkey, Carr. 3
COMMITTEE: Public Works and Highways
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AMENDED ANALYSIS
This bill:
I. Adopts the 10-year transportation improvement plan for 2019-2028.
II. Adds a corridor study of Route 114 in the town of Goffstown.
III. Authorizes the department of transportation to construct and implement all electronic tolling, if feasible.
IV. Authorizes construction and implementation of all electronic tolling (AET) at Dover and Rochester toll plaza locations and at the Bedford mainline toll plaza.
V. Requires the department of transportation to make available an optional system of anonymous transponders.
VI. Provides funding for construction of electronic tolling or open road tolling plazas, consultant services for the public private partnership infrastructure oversight committee, and improvements to central New Hampshire turnpike.
VII. Moves construction funding for the project named Bedford-Merrimack from 2019 to 2020 and adds construction of a noise reducing barrier wall.
VIII. Removes funding for the project named Conway, project number 40018.
IX. Removes the project named Hooksett from the 10-year transportation improvement plan 2019-2028.
X. Restores and revises the project named Tilton, project number 29753.
XI. Designates $100,000 of turnpike funds for the use of the public-private partnership infrastructure oversight commission.
XII. Amends the project named Newington-Dover.
XIII. Amends the scope of the project named Walpole-Charlestown and the project named Windham.
XIV. Moves funding for construction of the project named Nashua-Merrimack-Bedford-Manchester from 2022 through 2026 to 2021 through 2025.
XV. Moves funding for construction of the project named Manchester from 2026 to 2025.
XVI. Adds a project named Conway, previously removed from the state 10-year transportation plan, to the plan.
XVII. Authorizes the department of transportation to plan, engineer, and construct a highway in Hudson with town funds.
XVIII. Establishes a committee to study removal of the Merrimack tolls.
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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.
15Mar2018... 0806h
15Mar2018... 0888h
05/03/2018 1807s
05/03/2018 1824s
05/03/2018 1932s
18-3034
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to the state 10-year transportation improvement program and establishing a committee to study the removal of the Merrimack tolls.
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 Ten Year Transportation Improvement Plan 2019-2028 Pursuant to RSA 228:99 and RSA 240 of the Laws of New Hampshire and encourages expeditious implementation of the projects shown therein.
2 Department of Transportation; Town of Bedford; Corridor Study. The following shall be added to the 10-year transportation improvement plan 2019-2028: a corridor study of Route 114 from the intersection of Route 114 and Route 101 in the town of Bedford to the intersection of Route 114 and Route 114a in the town of Goffstown.
3 New Subparagraph; Turnpike System; Authority Granted. Amend RSA 237:5, II by inserting after subparagraph (o) the following new subparagraph:
(p) Study and design all electronic tolling at all locations, and if the department deems it financially feasible, construct and implement all electronic tolling at locations pursuant to the state 10-year transportation improvement program.
4 New Subdivision; All Electronic Tolling. Amend RSA 237 by inserting after section 50 the following new subdivision:
ALL ELECTRONIC TOLLING
237:51 All Electronic Tolling (AET).
I. The department is authorized to construct, and implement all electronic tolling (AET) at or in close proximity to the existing Dover and Rochester toll plaza locations, as part of the project named Dover-Rochester, project number 29440, using project appropriated turnpike funds totaling $11,000,000.
II. Provided the department makes a determination of financial feasibility, the department is further authorized to construct and implement all electronic tolling at or in close proximity to the existing Bedford mainline toll plaza as part of the project named Bedford-Merrimack, project number 16100, using appropriated turnpike funds for project number 16100 totaling $15,300,000.
237:52 Anonymous Transponder Option. In conjunction with the installation and implementation of all electronic tolling under RSA 237:51, the department shall make available an optional system of anonymous transponders, allowing customers to anonymously fund and use a transponder, provided the transponder is properly funded and mounted prior to use. The transponders shall be available at public locations that allow the purchaser to remain anonymous. The department shall retain the least amount of information necessary for auditing purposes on anonymous transponder transactions.
5 New Subparagraphs; Turnpike System; Funds Provided. Amend RSA 237:7, I by inserting after subparagraph (s) the following new subparagraphs:
(t) Construction of all electronic tolling or open road tolling plazas. RSA 237:2, VIII, RSA 237:5, II(o)-(p) 27,000,000
(u) Consultant services for public-private partnership infrastructure oversight committee (2 years) 100,000
6 Turnpike System; Funds Provided. Amend RSA 237:7, I(h) to read as follows:
(h) Improvements to central New Hampshire turnpike. RSA 237:2, IV(h), VII, VII(b), VII(c), IX [$697,000,000] 891,000,000
7 Dover to Rochester. The project named Dover-Rochester, project number 29440, is amended as to the scope of improvement, which shall include all electronic tolling at the Dover toll plaza and the Rochester toll plaza.
8 Bedford to Merrimack. Construction funding for the project named Bedford-Merrimack, project number 16100, shall be moved from 2019 to 2020. The scope of the project shall include improvement to the Bedford mainline toll plaza to include the option of open road tolling or all electronic tolling, and the construction of a noise reducing barrier wall on the F.E. Everett turnpike in the area of Teaberry Lane in the town of Bedford.
9 Conway. The State Aid Highway Program funding for the project named Conway, project number 40018, for $702,211 shall be removed and replaced with $702,211 in federal funds.
10 Project Removed. The project named Hooksett, project number 24862 using 100 percent state aid highway program funds shall be removed from the 10-year transportation improvement plan 2019-2028 based on the elimination of the state aid highway funding.
11 Statewide Turnpike Evaluation of Pulbic-Private Partnership Projects. $100,000 of turnpike funds shall be designated for the use of the public-private partnership infrastructure oversight commission for consultant services to provide expert advice and assistance, and to provide services during the consideration of and development of requests for proposals (RFPs) for proposed public-private partnership projects that impact the turnpike system as selected by the commission and for review of submissions in response to the RFPs.
12 Newington-Dover. The project named Newington-Dover, project number 11238S, which includes the rehabilitation of the General Sullivan bridge, shall be amended in the scope from "rehabilitation" to "remove the superstructure of the General Sullivan bridge and provide the most cost effective bicycle/pedestrian connection." Funding for construction shall be moved from 2019 to 2020.
13 Walpole-Charlestown. The project named Walpole-Charlestown, project number 14747, is amended to change the scope by removing "Relocate RR."
14 Windham. The project named Windham, project number 40663, is amended to change the scope and extend the study limits to include the Ledge Road/London Bridge Road intersection.
15 Nashua to Merrimack to Bedford to Manchester. Funding for construction of the project named Nashua-Merrimack-Bedford-Manchester, project number 13761, shall be moved from 2022 through 2026 to 2021 through 2025.
16 Manchester. Funding for construction of the project named Manchester, project number 16099A, shall be moved from 2026 to 2025 and future funding required of $30,000,000 shall be moved to 2026.
17 Department of Transportation; Conway. The projects named Conway, project numbers 11339J, 11339T, and 13339U which were previously removed from the state 10-year transportation plan, are added to the plan using federal funds totaling one dollar.
18 Project Restored. The project named Tilton, project number 29753, to reconstruct and re-classify 1.97 miles of Calef Hill Road shall be revised in the 10-year transportation improvement plan with engineering totaling $256,375 in fiscal year 2020 and construction totaling $2,336,795 for the biennium ending June 30, 2021, contingent on future funds appropriated by the general court.
19 Department of Transportation; Town of Hudson. The department of transportation is authorized to work with the town of Hudson to plan, engineer, and construct a roadway compatible with turnpike standards within the southern portion of a circumferential highway right-of-way between N.H. Route 3A and N.H. Route 111 in Hudson. Planning, engineering, and construction shall be funded solely with town funds.
20 Committee Established. There is established a committee to study the removal of the tolls at exit 10 and exit 11 on the F.E. Everett Turnpike in the town of Merrimack.
21 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) One member of the senate, appointed by the president of the senate.
(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
22 Duties. The committee shall study:
I. Removal of the exit 11 toll on the F.E. Everett Turnpike in the town of Merrimack upon the expiration of the bond, and the financial implications of such removal.
II. Removal of the exit 10 toll on the F.E. Everett Turnpike in the town of Merrimack in fiscal year 2024, and the financial implications of such removal.
23 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
24 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the chairperson of the senate transportation committee, the chairperson of the house transportation committee, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2018.
25 New Section; Excavation and Driveway Excavation and Construction Permit Application; Procedure. Amend RSA 236 by inserting after section 13 the following new section:
236:13-a Procedure. In processing applications for permits, or amendments to permits, under RSA 236:9 or RSA 236:13:
I. Within 30 days of receipt of such application, the department of transportation shall request any additional information required of the applicant or its agents to complete its evaluation of the application, together with any written technical comments the department deems necessary. Any request for additional information shall specify that the applicant shall submit such information as soon as practicable and notify the applicant that if all of the requested information is not received within 90 days of the request, the department shall deny the application.
II. If the department requests additional information under paragraph I, the department shall, within 60 days of the department's receipt of all requested information:
(a) Approve the application in whole or in part and issue a permit;
(b) Deny the application and issue written findings in support of the denial; or
(c) Extend the time for rendering a decision on the application for good cause and with the written agreement of the applicant.
III. If no request for additional information is made under paragraph I, the department shall, within 90 days of receipt of the application:
(a) Approve the application in whole or in part and issue a permit;
(b) Deny the application, and issue written findings in support of the denial; or
(c) Extend the time for rendering a decision on the application for good cause.
IV. The time limits under this section shall supersede any time limits provided in any other provision of law. If the department fails to act within the applicable time frame established in paragraphs II and III, the applicant shall be deemed to have a permit by default and may proceed with the project as presented in the application. Nothing in this paragraph shall relieve the applicant from complying with all requirements applicable to the project, including but not limited to requirements established under this section and RSA 236:13.
I. Section 21 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.