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: Dec. 3, 2019, 3:48 p.m.

CHAPTER 240

SB 185-FN-A - FINAL VERSION

 

02/14/2019   0209s

8May2019... 1618h

2019 SESSION

19-0277

05/10

 

SENATE BILL 185-FN-A

 

AN ACT relative to development of the New Hampshire state rail trails plan by the department of transportation 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 directs the department of transportation to develop a New Hampshire state rail trails plan based in part on the 2005 state trails plan, and makes an appropriation to the department for this purpose.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

8May2019... 1618h 19-0277

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

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

 

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

 

240:1  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 requires 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 role of the department of transportation 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, cities, and private rail-trail organizations in these efforts.

240:2  New Sections; New Hampshire State Rail Trails Plan; 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 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, 2021.  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 Advisory Stakeholders Committee.  The department of transportation shall establish a rail trail advisory stakeholders committee to advise the department in the development of the state rail trails plan under RSA 21-L:12-c.

240:3  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.

240:4  Effective Date.  This act shall take effect upon its passage.

 

Approved: July 12, 2019

Effective Date: July 12, 2019