2001 SESSION

01-0963

10/09

HOUSE BILL 732

COMMITTEE: Public Works and Highways

ANALYSIS

This bill provides for the reversion of the regulation of land use for the real property of the Pease development authority to the town of Newington and the city of Portsmouth.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0963

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

1 Definition; Airport District. Amend RSA 12-G:2, I to read as follows:

I. "Airport district" means:

(a) The property conveyed, granted or otherwise transferred to the authority by the federal government or any agency thereof pursuant to section 13(g) of the Surplus Property Act of 1944, as amended, or such other provision of federal law authorizing transfer of federal surplus property for airport purposes. Property conveyed, granted, or otherwise transferred to the authority in this manner shall automatically become part of the airport district, but may be removed from the airport district by the authority in accordance with the procedures [prescribed in RSA 12-G:10, II, after the contraction of the airport district has been approved by the governing body] of the municipality in which the land sought to be taken from the airport district is located; or,

(b) Property conveyed, granted, or otherwise transferred to the authority by the federal government or any agency thereof, or otherwise acquired by the authority, and declared or designated [by the authority] as the "airport district" in accordance with the procedures [prescribed in RSA 12-G:10, II, after the expansion of the district has been approved by the governing body] of the municipality in which the land sought to be added to or taken from the airport district is located. Such property may be subsequently removed from the airport district by the authority in accordance with the procedures [prescribed in RSA 12-G:10, II, after the contraction of the airport district has been approved by the governing body] of the municipality in which the land sought to be taken from the airport district is located.

2 Definition; Land Use Controls. Amend RSA 12-G:2, IX to read as follows:

IX. "Land use controls" means all municipal ordinances [and requirements or rules of the authority] regulating the use, development and improvement of property, including, but not limited to, zoning ordinances, subdivision regulations, site plan review regulations, and building, electric, plumbing and fire codes.

3 Management by Board of Directors; Land Use Control Vote Requirement. Amend RSA 12-G:4, III to read as follows:

III. Four members of the board shall constitute a quorum. A minimum of 4 affirmative votes shall be required for any action of the board[, except for the adoption of land use controls, which shall require 5 votes].

4 Powers of Pease Development Authority. Amend RSA 12-G:7, XIX to read as follows:

XIX. To make bylaws and establish committees for the management and regulation of its affairs as it may deem necessary, and subject to agreements with bondholders, to make rules pursuant to its own procedures for the use of its projects [and property, including but not limited to zoning, subdivision and site plan review regulations, and building, electric, plumbing and fire codes], and to establish and collect rentals, fees, and all other charges for the use of projects under the jurisdiction of the authority and for services or commodities sold, furnished, or supplied by the authority.

5 New Section; Land Use Controls; Reversion to Municipalities. Amend RSA 12-G by inserting after section 10 the following new section:

12-G:10-a Land Use Controls; Reversion to Municipalities. Regulatory power over land use controls at Pease Air Force Base under the Pease Development Authority shall revert exclusively to the town of Newington and the city of Portsmouth on January 1, 2002. All new use, construction, or development shall be subject to applicable local regulation as required by RSA 674:54. This section shall also apply to the airport district and all property west of McIntyre Road designated as a wildlife preserve under the control of the United States Department of the Interior, United States Fish and Wildlife Service, National Wildlife Refuge, or other appropriate federal or state agency. Except for the establishment of a national veteran cemetery, the authority shall not permit the development of the property designated a wildlife refuge or preserve.

6 Repeal. RSA 12-G:10, relative to local land use controls, is repealed.

7 Effective Date. This act shall take effect January 1, 2002.