CHAPTER 259

HB 2000 - FINAL VERSION

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4/18/02 3627s

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2002 SESSION

02-2467

01/09

HOUSE BILL 2000

AN ACT relative to the state 10-year transportation improvement program, establishing a transportation project study committee, increasing the distribution to certain municipalities from the special railroad fund, establishing a committee to study the distribution from the special railroad fund, and relative to a certain property tax exemption.

SPONSORS: Rep. E. Smith, Ches 6

COMMITTEE: Public Works and Highways

AMENDED ANALYSIS

This bill:

I. Updates the 10-year transportation improvement program to maintain highways and bridges in the state.

II. Establishes a committee to study the use of design-build, design-build-finance, and design-build-finance-operate-maintain methods for certain transportation projects in New Hampshire.

III. Increases the distribution amount to certain municipalities from the special railroad fund.

IV. Establishes a committee to study the distribution to certain municipalities from the special railroad fund.

V. Establishes a retroactive exemption for certain leases of state-owned railroad properties from providing for payment of local property taxes.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6mar02...2823h

4/18/02 3502s

4/18/02 3627s

2may02...3708cofc

02-2467

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT relative to the state 10-year transportation improvement program, establishing a transportation project study committee, increasing the distribution to certain municipalities from the special railroad fund, establishing a committee to study the distribution from the special railroad fund, and relative to a certain property tax exemption.

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

259:1 State 10-Year Transportation Improvement Program. RSA 240 is repealed and reenacted to read as follows:

CHAPTER 240

STATE 10-YEAR TRANSPORTATION IMPROVEMENT PROGRAM

240:1 Legislative Intent. The program is predicated on the report submitted by the governor to the legislature dated December, 2001 and is intended to serve as the guideline for transportation projects in the state for the next decade.

240:2 Project Priority. To the extent practicable the projects shall be implemented in the order shown in the report.

240:3 Program. The legislature hereby adopts the program as submitted by the governor and encourages expeditious implementation of the projects shown therein.

259:2 Committee Established. There is established a committee to study the use of design-build, design-build-finance, and design-build-finance-operate-maintain methods for certain transportation projects in New Hampshire.

I. The members of the committee shall be as follows:

(a) Three members 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. The committee shall solicit information from such organizations and individuals as may be necessary to assist the committee in the performance of its duties. Such organizations and individuals shall include, but not be limited to, the following:

(a) The Business and Industry Association of New Hampshire.

(b) The New Hampshire Joint Board of Licensure for Professional Engineers, Architects, Land Surveyors, Natural Scientists and Foresters.

(c) The New Hampshire Good Roads Association.

(d) Chambers of Commerce.

(e) The Associated General Contractors of New Hampshire.

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

(g) The commissioner of the department of environmental services, or designee.

III. Legislative members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

IV. The committee shall study the use of design-build, design-build-finance, and design-build-finance-operate-maintain methods for certain transportation projects in New Hampshire. The committee shall research the cost-effectiveness of these methods, any potential to improve the timeliness of delivery of future transportation projects, and any other matters the committee deems relevant.

V. The members of the committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

VI. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2002.

259:3 Special Railroad Fund. Amend RSA 228:69, I(a) to read as follows:

(a) [Fifteen] Twenty percent of the state's receipts from each railroad operating agreement shall be distributed annually to the cities and towns through which the active state-owned railroad lines used in each such agreement pass in proportion to the active state-owned trackage present in each such city or town.

259:4 Committee Established.

I. There is established a committee to study the distribution from the special railroad fund, pursuant to RSA 228:69, to municipalities along the state-owned right-of-way.

II. The members of the committee shall be as follows:

(a) Three members 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.

III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

IV. The committee shall examine the distribution from the special railroad fund, pursuant to RSA 228:69, to municipalities along the state-owned right-of-way.

V. 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 first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

VI. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2002.

259:5 Property Tax Exemption; Leases of State-Owned Railroad Properties; Applicability. RSA 72:23, I(b), as inserted by section 7 of HB 1180 of the 2002 legislative session shall apply to all leases of state-owned railroad properties existing or entered into, or property tax years, on or after January 1, 1999.

259:6 Contingency. If HB 1180 of the 2002 legislative session becomes law, section 5 of this act shall take effect and section 8 of HB 1180 shall not take effect. If HB 1180 of the 2002 legislative session does not become law, section 5 of this act shall not take effect.

259:7 Intent. The general court fully concurs with the projects included in the 10-year transportation program, including any projects relating to the Troy Village bypass.

259:8 Effective Date.

I. Section 1 of this act shall take effect 60 days after its passage.

II. Section 5 of this act shall take effect as provided in section 6 of this act.

III. The remainder of this act shall take effect upon its passage.

(Approved: May 17, 2002)

(Effective Date: I. Section 1 of this act shall take effect July 16, 2002.

II. Section 5 of this act shall take effect as provided in section 6.

III. The remainder of this act shall take effect May 17, 2002)