CHAPTER 335
HB 2022 - FINAL VERSION
17Mar2022... 0745h
04/28/2022 1816s
04/28/2022 1878s
04/28/2022 1872s
26May2022... 2048CofC
26May2022... 2131EBA
2022 SESSION
22-2379
12/04
HOUSE BILL 2022
SPONSORS: Rep. Graham, Hills. 7
COMMITTEE: Public Works and Highways
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AMENDED ANALYSIS
This bill:
I. Adopts the 10-year transportation plan for 2023-2032.
II. Eliminates the scenic and cultural byways council.
III. Amends the membership and meeting structure of the New Hampshire transportation council.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17Mar2022... 0745h
04/28/2022 1816s
04/28/2022 1878s
04/28/2022 1872s
26May2022... 2048CofC
26May2022... 2131EBA 22-2379
12/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
335:1 State 10-Year Transportation Improvement Plan. The legislature hereby adopts the plan known as the “State of New Hampshire Ten Year Transportation Improvement Plan 2023-2032" submitted by the governor to the legislature pursuant to RSA 228:99 and RSA 240 and encourages expeditious implementation of the projects shown therein.
335:2 Project Restored. The project named Hudson, project number 42108 in the 2021-2030 10-year transportation improvement plan, to construct a roadway between Route 3A and Route 111 as the southern portion of the circumferential highway, shall be included and amended in the 2023-2032 10-year transportation improvement plan to require the department of transportation evaluate the feasibility of constructing said roadway with engineering totaling $250,375 in fiscal year 2024 and $750,000 in fiscal year 2025, contingent on the availability of federal funding.
335:3 Route 153 Report. The commissioner of the department of transportation shall submit an annual report to the long range capital planning and utilization committee relative to Route 153 from the Wakefield town line to the Eaton/Conway town line. Said report shall be submitted to the department of transportation by January 1 of each year and shall include the following:
(a) Traffic counts by town with average speed data.
(b) Road conditions to include shoulders.
(c) Accident data by location.
(d) Correspondences to the department from the towns and citizens with safety concerns in this corridor.
335:4 The commissioner of the department of transportation may modify funding sources and accelerate schedules of municipally owned bridge projects in the 2022-2032 10-year transportation improvement plan by leveraging additional funding opportunities made available to New Hampshire. Funding sources include the state aid bridge (SAB) program, municipally owned bridge rehabilitation and replacement (MOBRR) program, and municipal owned bridge-bipartisan infrastructure law (MOBIL) program. Recommended changes are based on the eligibility of projects for federal aid funds. To be eligible for MOBIL funding a bridge must be 20 feet or greater in length and off the federal aid system. The affected projects are:
Project Funding Proposed TYP Year
ALSTEAD 40649 SAB to MOBIL 2026
ALSTEAD 40661 SAB to MOBIL 2024
AMHERST 40654 SAB 2023
AMHERST 40657 SAB to MOBIL 2024
ANDOVER 41407 SAB to MOBIL 2024
ANTRIM 14942 SAB 2023
AUBURN 29316 SAB to MOBIL 2023
BARRINGTON 26722 SAB 2023
BARRINGTON 41410 SAB 2025
BEDFORD 21684 SAB 2023
BEDFORD 24217 SAB to MOBIL 2023
BOW 24223 SAB 2024
BOW 24224 SAB 2025
BROOKLINE 41408 SAB 2025
CANAAN 26704 SAB 2023
CANAAN 41399 SAB to MOBIL 2023
CANAAN 41406 SAB to MOBIL 2024
COLEBROOK 40651 SAB 2023
COLEBROOK 40652 SAB 2023
COLEBROOK 40655 SAB to MOBIL 2023
CONCORD 41212 MOBRR 2023
DORCHESTER 42091 SAB 2023
DORCHESTER 42092 SAB 2025
ENFIELD 13592 SAB to MOBIL 2025
FRANCESTOWN 42709 SAB to MOBIL 2026
FREMONT 23793 SAB 2023
GOFFSTOWN 41597 SAB 2025
HARRISVILLE 16114 SAB to MOBIL 2026
JACKSON 40808 SAB 2023
JAFFREY 41401 SAB 2023
KEENE 40653 SAB 2023
KEENE-SWANZEY 40666 MOBRR 2025
LACONIA 26706 SAB to MOBIL 2023
LACONIA 43845 MOBRR 2026
LANCASTER 22192 SAB 2025
LEBANON 13558A MOBRR 2023
LEBANON 24221 SAB to MOBIL 2023
LEBANON 24222 MOBRR 2023
MADBURY 41462 SAB 2026
MANCHESTER 15837 SAB to MOBRR 2025
MANCHESTER 24206 MOBRR 2024
MANCHESTER 24212 MOBRR 2024
MERRIMACK 29174 MOBRR 2026
MILTON, NH-LEBANON, ME 40658 MOBRR 2023
NEW BOSTON 14771 SAB to MOBIL 2026
NEW BOSTON 15505 SAB to MOBIL 2024
NEWPORT 20006 SAB 2023
ORFORD 41151 SAB to MOBIL 2023
PELHAM 29450 SAB to MOBIL 2023
PITTSFIELD 14972 SAB 2025
RICHMOND 29055 SAB to MOBIL 2023
RICHMOND 29056 SAB 2023
RUMNEY 27162 SAB 2023
SANDOWN 41412 SAB 2027
SUGAR HILL 24218 SAB to MOBIL 2023
SWANZEY 41403 SAB to MOBIL 2024
WEARE 14338 SAB 2026
WEBSTER 40810 SAB to MOBIL 2023
WENTWORTH 40648 SAB 2023
WILTON 15767 SAB 2023
WILTON 15768 SAB to MOBIL 2025
335:5 Turnpike Authority; Authority Granted. RSA 237:2 is repealed and reenacted to read as follows:
237:2 Authority Granted. The commissioner of the department of transportation, with the approval of the governor and council, is authorized to make such other and further improvements to the New Hampshire turnpike system as may be required by RSA 240.
335:6 Turnpike Authority; Limitations. Amend RSA 237:5, II(h) to read as follows:
(h) Establish a [temporary] turnpike engineering section [for the period of design and construction of any portion of the system, assign permanent employees of the department of transportation to duties and positions in said section] and employ such engineers and assistants as may be necessary [on a temporary basis for said period of] for design and construction. The costs of said turnpike engineering section shall be a charge against the funds made available under this chapter or otherwise for the system.
335:7 Turnpike System; Funds Provided. RSA 237:7 is repealed and reenacted to read as follows:
237:7 Funds Provided.
I. The amounts necessary to fund turnpike system projects approved in the state 10-year transportation improvement plan as authorized by RSA 240 are hereby appropriated.
II. After substantial completion of the project or projects authorized by paragraph I of this section the governor and council may transfer appropriations for such project or projects to other projects under this chapter. The appropriations made by this chapter shall be continuing appropriations and shall not lapse.
III. The governor and council are authorized under RSA 237-A to provide, solely by resolutions or by trust or security agreements, without further appropriation, for application or expenditures of moneys deposited or held in funds established in connection with the issuance of revenue bonds under RSA 237-A, including without limitation the application of moneys to operate, maintain, and make improvements to the turnpike system, to pay costs of issuance of bonds including costs of traffic studies and engineering reports prepared for issuance of bonds, and to establish and maintain reserves.
335:8 Scenic and Cultural Byways System; Purpose. Amend RSA 238:19, III to read as follows:
III. It shall be a process of state and local identification of scenic and cultural byways that shall build a statewide system. However, nothing in this subdivision shall restrict a municipality from designating scenic byways within its jurisdiction, require that such designated scenic byways be nominated for inclusion in the New Hampshire scenic and cultural byways system, or require that the [scenic and cultural byways council] department of transportation accept such locally designated scenic byway into the system.
335:9 Scenic and Cultural Byway System; Designation. Amend the introductory paragraph of RSA 238:22, I to read as follows:
I. The [council] department of transportation, in consultation with the department of natural and cultural resources, shall designate and de-designate scenic and cultural byways of the New Hampshire scenic and cultural byways system based on criteria which include, but shall not be limited to, the following:
335:10 Scenic and Cultural Byways System; Designation. Amend RSA 238:22, III to read as follows:
III. Under no circumstances shall a local scenic and cultural byway be designated without a public hearing [conducted by the municipalities in the area] in each municipality that the proposed local scenic and cultural byway would be located in.
335:11 Scenic and Cultural Byways System. RSA 238:23 is repealed and reenacted to read as follows:
238:23 Funds. The commissioner of the department of transportation is authorized to apply for funds including grants, accept funds, and disburse funds for the scenic and cultural byways program. Any moneys accepted shall be continually appropriated for the purpose of this subdivision.
335:12 Scenic and Cultural Byway System; Advertising. Amend RSA 238:24, I-II to read as follows:
I. The [council] department of transportation, in consultation with the department of natural and cultural resources, shall remove any scenic and cultural byway designation, highway sections that:
(a) Have no scenic or cultural value; and
(b) Have been designated or would be designated solely to preserve system continuity.
II. Nothing in this section shall preclude the [council] department of transportation from removing from any scenic and cultural byway designation, highway sections that are adjacent to property that is used for intensive commercial or industrial purposes. In this section, "intensive" means an area containing more than 5 zoned commercial or industrial activities located within one continuous mile.
335:13 New Hampshire Transportation Council; Membership. Amend RSA 238-A:4, I to read as follows:
I. The council shall have the following members:
(a) The commissioner of the department of transportation, or designee.
(b) The commissioner of the department of business and economic affairs, or designee.
(c) The commissioner of the department of safety, or designee.
(d) A member of the senate transportation committee, appointed by the president of the senate.
(e) A member of the house transportation committee, appointed by the speaker of the house of representatives.
(f) An individual knowledgeable in transportation technology, appointed by the governor and approved by the executive council.
(g) [A member of the New Hampshire College and University Council, appointed by the president of that organization.] The commissioner of the department of environmental services, or designee.
(h) Three representatives of the transportation service industry, each representing a discrete mode of transportation, appointed by the governor and approved by the executive council.
(i) Two representatives from regional planning commissions, one of whom shall represent an urban area and one of whom shall represent a rural area, appointed by the New Hampshire Association of Regional Planning Commissions.
(j) The [director of the office of strategic initiatives] commissioner of the department of energy, or designee.
(k) The commissioner of the department of insurance, or designee.
335:14 New Hampshire Transportation Council; Meetings. Amend RSA 238-A:5, III to read as follows:
III. A majority of council members then appointed, participating in-person or remotely, shall constitute a quorum. Regular meetings of the council may be established in bylaws.
335:15 Repeal. The following are repealed:
I. RSA 237:5, I, relative to the authority of the commissioner of the department of transportation.
II. RSA 237:5, II(o), relative to limitations on the authority of the commissioner of the department of transportation.
III. RSA 238:20, relative to the establishment of the scenic and cultural byways council.
IV. RSA 238:21, relative to the duties of the scenic and cultural byways council.
335:16 Effective Date. This act shall take effect upon its passage.
Approved: July 25, 2022
Effective Date: July 25, 2022