Bill Text - SB185 (2019)

(New Title) relative to development of the New Hampshire state rail trails plan by the department of transportation and making an appropriation therefor.


Revision: Feb. 14, 2019, 4:46 p.m.

SB 185-FN-A - AS AMENDED BY THE SENATE

 

02/14/2019   0209s

2019 SESSION

19-0277

05/10

 

SENATE BILL 185-FN-A

 

AN ACT establishing a rail trail corridors advisory committee to assist the department of transportation in updating the state trails plan and making an appropriation therefor.

 

SPONSORS: Sen. Kahn, Dist 10; Sen. Feltes, Dist 15; Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Sen. Hennessey, Dist 5; Sen. Watters, Dist 4; Rep. Gould, Hills. 7; Rep. Beaulieu, Hills. 45; Rep. Fenton, Ches. 8; Rep. Hennessey, Graf. 1

 

COMMITTEE: Transportation

 

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AMENDED ANALYSIS

 

This bill makes an appropriation to the department of transportation to update the 2005 state trails plan, and establishes a rail trail corridors advisory committee to assist the department in the development of the plan.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/14/2019   0209s 19-0277

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT establishing a rail trail corridors advisory committee to assist the department of transportation in updating the state trails plan and making an appropriation therefor.

 

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

 

1  Statement of Purpose.  The state of New Hampshire owns 500 miles of rail corridors.  Use of these trails for biking and non-motorized recreation provides valuable low-impact uses.  This act establishes an advisory committee to assist in the development of a plan for the state rail-trail system to ensure the preservation and integrity of these assets and to provide direction for future development.  In addition to defining the roles of the department of transportation and department of natural and cultural resources in preservation of rail corridors, the plan will determine the best way to maximize the return on investment from, and leverage future investment in, the state's rail corridor assets.  Additionally, this plan will determine how to engage towns, municipalities, and private rail-trail organizations in these efforts.

2  New Sections; New Hampshire State Rail Trails Plan; Rail Trail Corridors Advisory Committee.  Amend RSA 21-L by inserting after section 12-b the following new sections:

21-L:12-c  New Hampshire State Rail Trails Plan.  The department of transportation, in consultation with the rail trail corridors advisory committee established in RSA 21-L:12-d, shall update the 2005 state trails plan and document the best means to maintain and develop state-owned rail trail corridors.  The updated plan shall be entitled the state rail trails plan and shall be completed on or before June 30, 2020.  In developing the state rail trails plan, the department of transportation shall:

I.  Update the 2005 rail corridor inventory through state records, statewide trail organizations and regional planning commissions, including, by trail, the funding sources and permitted uses.

II.  Hire a qualified consulting firm to complete and disseminate the plan.

III.  Include a statewide economic-impact analysis on the value of rail trails.

IV.  Consider maintenance and cost of maintenance for rail trails, including state responsibility for the underlying structural integrity of abandoned rail corridors, while permitting trail organizations and towns to perform routine maintenance of trail surfaces and other amenities.

V.  Establish a tier system for prioritizing state investments in rail trail projects, based on criteria such as geography, connectivity to other rail trails, proximity to population centers and natural attractions, and other criteria as deemed appropriate.

VI.  Develop recommendations for a state funding mechanism to support rail trail projects and the management structure of such funds.

VII.  Develop a template trail management agreement outlining responsibilities of state, local, and private organizations involved with management of state-owned trails.

VIII.  Compile and maintain a list of trail organizations and the areas of the state each serves.

IX.  Identify best practices for acquiring insurance for volunteer trail management groups.

X.  Document state commitment and support for the development of rail trails for their transportation, recreation, tourism, and other economic value.

XI.  Determine how to ensure the integrity of publicly owned rail trail corridors.  This may include reestablishing property lines with abutting private property owners.

XII.  Hold a minimum of 3 public hearings, each in a different area of the state, to solicit public comment to shape the plan and make the final plan available on the department of transportation website.

XIII.  Provide a pamphlet at state information centers regarding the state trails plan.

21-L:12-d  Rail Trail Corridors Advisory Committee.  There is hereby established the rail trail corridors advisory committee to assist the department of transportation in the development of the state rail trails plan under RSA 21-L:12-c.

I.  The advisory committee shall be comprised of the following members:

(a)  The commissioner of the department of transportation, or designee.

(b)  The commissioner of the department of natural and cultural resources, or designee.

(c)  The commissioner of the department of business and economic affairs, or designee.

(d)  Two representatives from the regional planning commissions, appointed by the governor.

(e)  One member of the senate, appointed by the president of the senate.

(f)  One member of the house of representatives, appointed by the speaker of the house.

(g)  Two representatives of regional chambers of commerce or trail related businesses, appointed by the governor.

(h)  One representative from the division of state parks statewide trails advisory committee, appointed by the committee.

(i)  One representative from the department of transportation complete streets advisory committee, appointed by the committee.

(j)  One representative from equestrian organizations, appointed by the governor.

(k)  One representative of OHRV clubs, appointed by the governor.

(1)  One representative of the New Hampshire Rail-Trails Coalition.

(m)  One representative of snowmobile clubs, appointed by the governor.

(n)  One representative of the railroad industry that operates on a state-owned rail corridor.

II.  The chairperson of the advisory committee shall be selected from the appointees by the commissioner of transportation.  A majority of the members shall constitute a quorum.

3  Appropriation; Department of Transportation; State Rail Trails Plan.  The sum of $200,000 for the fiscal year ending June 30, 2020 is hereby appropriated to the department of transportation for the purpose of updating the New Hampshire state rail trails plan under RSA 21-L:12-c.  This appropriation shall be in addition to any other funds appropriated to the department of transportation.  The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

4  Effective Date.  This act shall take effect upon its passage.

 

LBAO

19-0277

Amended 2/14/19

 

SB 185-FN-A- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2019-0209s)

 

AN ACT establishing a rail trail corridors advisory committee to assist the department of transportation in updating the state trails plan and making an appropriation therefor.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$200,000

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$200,000

$0

$0

$0

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

METHODOLOGY:

This bill establishes a rail trail advisory committee to assist the Department of Transportation in updating the state trails plan and provides a general fund appropriation of $200,000 in the fiscal year ending June 30, 2020, to the Department of Transportation for the purpose of updating the New Hampshire state trails plan under RSA 21-L:12-c.

 

AGENCIES CONTACTED:

None