TITLE XX
TRANSPORTATION

CHAPTER 237
TURNPIKE SYSTEM

Section 237:1

    237:1 Definitions. –
As used in this chapter, the following terms shall have the following meanings:
I. "Central New Hampshire Turnpike" shall mean the turnpike constructed pursuant to the appropriate subdivision of this chapter including the relocation and improvements constructed and such further improvements, modifications and extensions as the general court may hereafter authorize as part of the central New Hampshire turnpike.
II. "Eastern New Hampshire Turnpike" shall mean the toll road constructed pursuant to the appropriate subdivision of this chapter, the bridge constructed under RSA 237:29-33 and the improvements and extension authorized by this chapter and such further improvements, modifications and extensions as the general court may hereafter authorize as part of the eastern New Hampshire turnpike.
III. "New Hampshire Turnpike System" shall mean the toll highway authorized by this chapter and such further toll highways and improvements, modifications and extensions of toll highways as the general court may hereafter authorize as part of the New Hampshire turnpike system. When the bonds issued prior to January 1, 1971, to finance the central New Hampshire turnpike have been fully paid, or sums deposited with the paying agent for such payment, the central New Hampshire turnpike shall become a part of the New Hampshire turnpike system, the toll account established under RSA 237:40 shall become part of the toll account established under RSA 237:9. When the bonds issued prior to January 1, 1971, to finance the eastern New Hampshire turnpike have been fully paid, or sums deposited with the paying agent for such payment, the eastern New Hampshire turnpike shall become part of the New Hampshire turnpike system, the toll account established under RSA 237:24 shall become part of the toll account established under RSA 237:9.

Source. RSA 256-C:1. 1971, 520:1. 1981, 87:1, eff. April 20, 1981.

Section 237:2

    237:2 Authority Granted. –
Subject to RSA 237:3, II, the commissioner of the department of transportation, with the approval of the governor and council, is authorized to:
I. Make improvements to that portion of the eastern New Hampshire turnpike known as the Blue Star memorial highway, including, but not limited to, the addition of 2 traffic lanes in each direction from the route N.H. 107 interchange in Seabrook to the route N.H. 101 interchange in Portsmouth and the reconstruction of the toll facilities in the town of Hampton;
II. Acquire land and make improvements to that portion of the eastern New Hampshire turnpike known as the Spaulding turnpike and extend said turnpike with 2 lanes including the completion of existing interchange number 9, the Dover-Somersworth interchange including the access roads into and away from the Weeks traffic circle in the city of Dover, and the extension of the turnpike to the 1965 Milton-Wakefield project, the expansion of the Dover toll facility, safety and widening improvements along the turnpike, purchases of access in critical sections, and study the Spaulding turnpike for expansion from 2 to 4 lanes from the intersection of Route 125 and the Spaulding turnpike north to the intersection of Route 11 and the Spaulding turnpike.
II-a. Include, as part of the study for a 4-lane east-west highway from I-393 in Concord to the Spaulding turnpike as defined in 1986, 203:8 as amended by 1988, 266:2 and 1990, 244:2, as one alternative, a corridor that would intercept the Spaulding turnpike between existing exit 9 and exit 11. This interchange would be known as exit 10. Such study shall include an evaluation of the potential social, economic and environmental impacts, and preliminary design for the siting of an interchange and exit 10.
II-b. Make improvements to the Spaulding turnpike by constructing exit 10.
II-c. Redesign and reconstruct a portion of exit 6 on the Spaulding turnpike at its intersection with N.H. Route 4 and Boston Harbor Road. This project shall not begin until the governor and council authorize a transfer of a sum not to exceed $1,000,000 from any funds remaining in projects under RSA 237:7, I as authorized by RSA 237:7, II.
II-d. Construct a second barrel on the Spaulding turnpike from exits 12 to 16 with related interchange improvements from exits 11 to 16, as needed, and a maintenance facility at exit 16 in Rochester.
II-e. Construct improvements to the Spaulding turnpike/US 4/N.H. 16 extending from just north of the Gosling Road intersection in Newington to just south of the most southerly toll plaza in Dover, including improvements to access on and off the highway.
III. Make improvements to the central New Hampshire turnpike, including, but not limited to, the addition of a traffic lane or lanes in each direction from a point near the proposed junction of interstate route 93 near the Manchester-Hooksett town line to a point northerly of the junction of interstate route 89 in the city of Concord and the reconstruction of the toll facilities in the town of Hooksett.
IV. Make improvements to the central New Hampshire turnpike, including, but not limited to:
(a) The design, right-of-way acquisition and construction for the improvement of the central New Hampshire turnpike in Nashua between the Massachusetts line and exit 3 to include reconstruction of exit 1, also including associated widening and the construction of a new northbound on-ramp from Daniel E. Webster highway to the central turnpike, and the design and land acquisition for a new interchange at exit 2 which connects to a new interchange at the Daniel E. Webster highway and for additional lanes on the turnpike between the state line and exit 3. The commissioner of the department of transportation is hereby directed to make this project a priority and to begin construction within the biennium ending June 30, 1987.
(b) Construction of a new exit 8, formerly exit 7W, in Nashua. The commissioner of the department of transportation is hereby directed to prioritize this project and to begin construction within the 1985 biennium.
(c) Reconstruction of exit 11, formerly exit 8, in Merrimack to remove the current toll plaza providing toll collection equipment on the southbound on and northbound off ramps.
(d) Construction of the main line toll plaza in Bedford.
(e) For the construction of a northbound off ramp and a southbound on ramp to the Everett turnpike at the Bedford road in the town of Merrimack; the widening and lengthening of the overpass bridge at Bedford road; and the installation of toll booths for both ramps.
(f) Continue design and engineering of the modernization of the central turnpike.
(g) Construction of a bridge crossing the Merrimack River connecting U.S. 3 in Merrimack and N.H. 102 in Litchfield with future design consideration for a segment of highway connecting N.H. 102 in Litchfield and N.H. 111 in Hudson.
(h) Making improvements to the central New Hampshire turnpike, including, but not limited to, the addition of a traffic lane in each direction to the following 3 segments: the segment between exit 8 in the city of Nashua to exit 10 in the town of Merrimack; the segment between exit 11 in the town of Merrimack to the southern limits of the Manchester Airport Access Road project in the town of Bedford; and the segment between the northern limits of the Manchester Airport Access Road project and the interstate 293 interchange in the town of Bedford.
(i) Installation of intelligent transportation systems infrastructure on the F.E. Everett Turnpike from Nashua to Bedford.
V. Make improvements to the central New Hampshire turnpike, including, but not limited to, the addition of a Merrimack industrial interchange, including toll collection equipment, and a 1.5 mile access highway between U.S. Route 3 and Camp Sargent road.
VI. Make improvements to the eastern New Hampshire turnpike by the construction of a full interchange on the Spaulding turnpike at Gosling road, Pease Air Force Base.
VII. (a) Acquire land as required and make improvements to the central New Hampshire turnpike including, but not limited to, completing the connection to the Merrimack industrial interchange, relocation of Camp Sargent Road, improvements to interchanges 3 through 7 as required, the extension of the system to include an easterly circumferential beltway around Nashua extending from exit 2 and running easterly through the city of Nashua and the towns of Hudson, Litchfield, and Merrimack to an intersection with the existing turnpike, improvements and widening between interchanges 2 and 7, widening between the Route 101 intersection and the Amoskeag interchange in Manchester, and coordinating a study of widening between the I-89 and I-93 interchanges.
(b) Plan, engineer, and construct improvements, and acquire land as necessary for the central New Hampshire turnpike, including, but not limited to the addition of a traffic lane or lanes in each direction from the junction of interstate 89 in the city of Concord to the northerly expansion joint of the Interstate 93 bridge over Loudon Road and N.H. Route 9 (bridge no. 163/106).
(c) Plan, engineer, and construct improvements, and acquire land as necessary for the central New Hampshire turnpike, including, but not limited to the addition of a traffic lane or lanes in each direction from exit 6 to exit 7 in the city of Manchester, as well as the reconstruction of the exit 6 and exit 7 interchanges.
VII-a. Acquire land as required and relocate the high voltage transmission lines to support the redevelopment of existing rest areas located on Interstate 93 in the town of Hooksett to full service centers with food, state liquor stores, and other retail goods and services for the traveling public as may be required under 2009, 144:84 and SS 2010, 1:76.
VIII. Acquire and install new toll collection equipment.
IX. Make such other and further improvements to the New Hampshire turnpike system as may be required by RSA 240.
X. Acquire, expand, and make improvements to the eastern New Hampshire turnpike from the northerly expansion joint of the Interstate Route 95 bridge over the Spaulding turnpike, U.S. Route 4 and N.H. Route 16 (bridge No. 197/122) north to a point on the New Hampshire-Maine border in the city of Portsmouth, said improvements to include the installation of open road tolling for the toll currently on Interstate Route 95 in the town of Hampton.
XI. Remove the exit 11 ramp toll plazas in the town of Merrimack.

Source. RSA 256-C:2. 1971, 520:1. 1973, 559:1. 1975, 286:6. 1981, 87:1. 1982, 42:58. 1983, 76:1; 427:1; 451:1. 1985, 391:3; 402:6, I(b)(8). 1986, 203:10-12. 1987, 266:2. 1989, 356:1. 1991, 255:1; 301:1-5. 1992, 217:1. 1994, 281:1. 1998, 306:2. 2000, 309:11. 2004, 262:4. 2006, 240:7, eff. July 31, 2006. 2009, 144:82, eff. July 1, 2009. 2012, 193:11, eff. June 11, 2012. 2014, 326:3-5, eff. Aug. 1, 2014. 2016, 324:3, eff. June 24, 2016. 2020, 33:27, eff. July 24, 2020.

Section 237:3

    237:3 Repealed by 1991, 301:13, I, eff. Aug. 23, 1991. –

Section 237:4

    237:4 Repealed by 1991, 301:13, II, eff. Aug. 23, 1991. –

Section 237:5

    237:5 Further Authority. –
I. Except as may be inconsistent herewith and except as hereinafter provided, the projects authorized by RSA 237:2, I and II shall be laid out, constructed and operated in accordance with, and shall be subject to, the provisions of RSA 237:17-28 inclusive until the eastern New Hampshire turnpike becomes part of the New Hampshire turnpike system, except that RSA 237:20 through 23 shall not apply and except that the bonds referred to in RSA 237:24 shall be deemed to include all bonds issued to finance the eastern New Hampshire turnpike. Subject to the same exceptions, the projects authorized by RSA 237:2, III shall be laid out, constructed and operated in accordance with, and shall be subject to, the provisions of RSA 237:29 through 39 until the central New Hampshire turnpike becomes part of the New Hampshire turnpike system, except that RSA 237:19 through 22 shall not apply and except that the bonds referred to in RSA 237:23 shall be deemed to include all bonds issued to finance the central New Hampshire turnpike. In addition to other project costs, the cost of constructing any portion of the central New Hampshire turnpike, the eastern New Hampshire turnpike or the New Hampshire turnpike system may include any required payment to the United States on account of the incorporation of a federally-aided highway in such turnpike or system.
II. The commissioner of transportation is further authorized to operate and maintain the New Hampshire turnpike system. In doing so and in constructing any portion thereof, he may, subject to the limitations set forth in this chapter:
(a) Determine the location of each portion of the system and fix the width of its right-of-way.
(b) Acquire in the name of the state by purchase or by exercise of the right of condemnation as provided by statute such lands, property, rights, easements and interests as may be deemed necessary for carrying out the provisions of this chapter.
(c) Designate the locations and establish, limit and control such points of ingress to and egress from the system as may be necessary or desirable to ensure the proper operation of the system and to prohibit ingress to or egress from the system at any points not so designated.
(d) Permit toll free use of certain sections of the system if it is for the public good.
(e) Construct grade separations at intersections of the system with public roads and private ways, and change and adjust the lines and grades of such roads and ways so as to accommodate the same to the design of such grade separations and to the design of the system.
(f) Construct, operate and maintain portions of the system within the compact areas of cities and towns.
(g) Grant permits or licenses to any corporation or person to place and maintain along, on, under or within the system ducts, pipes, pipelines, poles, wires or other structures, to be so located as not to be unsightly and not to interfere with the safe and convenient operation and maintenance of the system, and contract with any such corporation or person for such permit or licenses on such terms and conditions as may be deemed necessary for carrying out the provisions of this chapter. The appearance, construction, maintenance and repairs of any such ducts, pipes, pipelines, poles, wires or other structures shall be subject to such directions and regulations as may be imposed.
(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 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.
(i) Enter into contractual relations on behalf of the state.
(j) Do and perform all such acts as are necessary for the public good.
(k) Cause periodic traffic and economic studies to be made of the operation of the system.
(l) Make periodic studies of possible extensions or additions to the system.
(m) Employ such assistants, engineers or consulting services as may be necessary to carry out the studies authorized by paragraphs (k) and (l) herein and, upon approval by the legislature, extend or add to the system when recommendations of independent recognized consultants indicate that such extensions are economically feasible. The expense of the said studies shall be a charge upon the fund established under RSA 237:9.
(n) [Repealed.]
(o) Install open road tolling for existing tolls on the main lines of the turnpike system.
(p) Study and design all electronic tolling at all locations, and if the department deems it financially feasible, construct and implement all electronic tolling at locations pursuant to the state 10-year transportation improvement program.

Source. RSA 256-C:4. 1971, 520:1. 1981, 87:1. 1985, 19:4; 402:6, I(a)(8), (b)(8). 1987, 403:3. 1996, 95:1, I, eff. July 14, 1996. 2009, 146:6, eff. June 30, 2009. 2018, 358:3, eff. July 2, 2018.

Section 237:6

    237:6 Highway Patrol. – Law enforcement and public safety services on the turnpike system shall be provided by the department of safety, division of state police. The cost of these services shall be a charge on the fund established under RSA 237:9.

Source. RSA 256-C:5. 1971, 520:1. 1981, 87:1. 1985, 19:3, eff. April 1, 1985.

Section 237:7

    237:7 Funds Provided. –
I. The following sums are appropriated for the purpose of carrying out the projects authorized by RSA 237:2:
 Projects Amounts
 
(a) Improvements to the Blue Star memorial highway. RSA 237:2, I, IX. $68,800,000
(b) Improvements and 2 lane extension of Spaulding turnpike. RSA 237:2, II. 43,200,000
(c) Improvements to central New Hampshire turnpike. RSA 237:2, III. 28,500,000
(d) Construction of Dover-Somersworth interchange number 9 of Spaulding turnpike, including the access roads into and away from the Weeks traffic circle in the city of Dover. RSA 237:2, II. 2,800,000
(e) Construction and improvements to the central New Hampshire turnpike. RSA 237:2, IV. 126,600,000
(f) Improvements to central New Hampshire turnpike. RSA 237:2, V. 24,100,000
(g) [Repealed.] 
(h) Improvements to central New Hampshire turnpike. RSA 237:2, IV(h), VII, VII(b), VII(c), IX, XI. $954,000,000
(i) Improvements to the Spaulding turnpike Gosling Road interchange; RSA 237:2, VI. 17,800,000
(j) Study of exit 10 on Spaulding turnpike. RSA 237:2 II-a. $3,500,000
(k) Toll collection equipment. RSA 237:2, VIII, IX, RSA 237:5, II. $131,000,000
(l) Construction of exit 10 on the Spaulding turnpike. RSA 237:2, II-b, IX. 37,000,000
(m) Construction of a second barrel from exits 12 to 16 on the Spaulding Turnpike with related interchange improvements from exits 11 to 16. RSA 237:2, II-d, IX. 160,000,000
(n) Construction of improvements to the Spaulding Turnpike/US 4/N.H. 16 north of Gosling Road intersection in Newington to just south of most southerly plaza in Dover, including access roads on and off the highway. RSA 237:2, II-e. 14,250,000
(o) Construction of a bridge crossing the Merrimack River connecting U.S. 3 in Merrimack and N.H. 102 in Litchfield with future design consideration for a segment of highway connecting N.H. 102 in Litchfield and N.H. 111 in Hudson. RSA 237:2, IV(g). 75,000,000
(p) Acquisition of a 1.6 mile section of I-95. 120,000,000
(q) Repairs and improvements to the bridge on N.H. 107 over I-95 in Seabrook. 4,000,000
(r) Construction of the Newington-Dover Little Bay Bridge project. 275,000,000
 
(s) Construction of noise barriers along I-95 in Portsmouth. 3,200,000
 
 
(t) Construction of all electronic tolling or open road tolling plazas. RSA 237:2, VIII, RSA 237:5, II(o)-(p). 27,000,000
 
(u) Consultant services for public-private partnership infrastructure oversight committee (2 years). 100,000
 

I-a. The department shall not proceed with the installation of all electronic tolling without prior legislative approval.
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. Paragraph I of this section shall not limit the authority of the governor and council 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.

Source. RSA 256-C:6. 1971, 520:1. 1973, 500:1, 2; 559:2. 1975, 286:3. 1977, 558:4. 1981, 87:1. 1983, 76:2; 427:2; 451:2. 1985, 246:1; 391:1. 1986, 203:13. 1987, 266:3. 1989, 356:2. 1991, 255:2; 301:6, 7, 13, III. 1992, 217:2. 1998, 306:3. 2004, 262:5. 2006, 240:8, eff. July 31, 2006. 2009, 144:78-81, eff. July 1, 2009. 2010, 194:1-3, eff. Aug. 20, 2010. 2013, 186:13-15, eff. Aug. 31, 2013. 2014, 326:6, 7, eff. Aug. 1, 2014. 2016, 324:4, 5, eff. June 24, 2016. 2018, 358:5, 6, eff. July 2, 2018. 2020, 33:28, eff. July 24, 2020.

Section 237:8

    237:8 Borrowing Power. – For the purpose of providing a portion of the funds necessary for the appropriations made by RSA 237:7 the state treasurer is authorized to borrow upon the credit of the state a sum not exceeding $91,500,000 and may issue general obligation bonds and notes in the name and on behalf of the state in accordance with the provisions of RSA 6-A; provided that the bonds may mature up to 30 years from their dates of issue and may be made redeemable before maturity at the option of the governor and council at such price or prices and under such terms and conditions as may be fixed by the governor and council prior to the issue of the bonds. In addition, the state treasurer is authorized to issue revenue bonds under RSA 237-A to provide the additional funds necessary for the appropriations made by RSA 237:7, as well as to pay related project costs, including costs of issuance and funding of reserves, all in accordance with and subject to the debt limit prescribed in RSA 237-A.

Source. RSA 256-C:7. 1971, 520:1. 1973, 500:3. 1975, 286:4. 1977, 558:5. 1981, 87:1. 1983, 76:3; 427:3; 451:3. 1985, 246:2, 391:2, 8. 1987, 266:4. 1989, 356:5. 1991, 255:4, eff. July 1, 1991; 301:8, eff. Aug. 23, 1991.

Section 237:9

    237:9 Tolls. – The commissioner of transportation, with the approval of the governor and council, shall establish toll rates and other charges for use of the New Hampshire turnpike system or any part of the right-of-way and other property acquired in connection therewith. The governor and council shall approve or reject the commissioner's proposed toll rates and other charges within 90 days of receiving them. The tolls collected shall be deposited with the state treasurer who shall keep the same in a separate account to be used exclusively for purposes of the New Hampshire turnpike system including, without limitation, the operating expenses, construction, reconstruction, and maintenance of the New Hampshire turnpike system. All operating expenses and maintenance costs shall be paid from said account. From the balance remaining after the payment of operating expenses and maintenance costs, there shall be paid the interest and principal on the bonds issued to finance the system. No part of such revenues shall, by transfer of funds or otherwise, be diverted to any other purpose whatsoever. Fourteen days previous to the time any interest or principal is payable, on any general obligation bonds issued to finance the system, the state treasurer shall examine the existing balance and, except as otherwise provided in RSA 237:10, if such balance is insufficient to make the payment, then he shall notify the governor who shall immediately draw his warrant on the highway fund to cover any deficit and if the funds in both of the above accounts are insufficient, the governor shall draw his warrant upon the state's general fund to the amount necessary to meet the payments. Any funds paid out from the state's highway fund or general fund for the above purposes shall be reimbursed from the collection of tolls as soon as such funds are available. Any funds that have been or may be expended for any portion of the system by the department of transportation shall be repaid to said department when, in the opinion of the governor and council, sufficient funds are available. Any excess income may be used for further system extensions in accordance with RSA 237:5, II(m). No provision of this chapter shall constitute a covenant with bondholders with respect to the charging, collection or disposition of tolls.

Source. RSA 256-C:8. 1971, 520:1. 1981, 87:1. 1985, 19:5; 402:6, I(a)(8). 1987, 403:4. 1991, 301:9, eff. Aug. 23, 1991. 2010, 264:1, eff. Sept. 4, 2010.

Section 237:10

    237:10 Interaccount Transfers. – In the event the balance in the account under RSA 237:24, RSA 237:40 or RSA 237:9 is insufficient at any time to meet the operating expenses, maintenance costs and debt service of the eastern New Hampshire turnpike, the central New Hampshire turnpike or the New Hampshire turnpike system, as the case may be, the treasurer shall transfer the amount necessary to meet the deficiency from the excess income in either or both of the other accounts. In determining which account or accounts to make the transfer from, the treasurer shall be guided by the respective needs of the accounts.

Source. RSA 256-C:9. 1971, 520:1. 1981, 87:1, eff. April 20, 1981.

Section 237:11

    237:11 Toll Criteria. –
Tolls shall be established on the New Hampshire turnpike system, the central New Hampshire turnpike and the eastern New Hampshire turnpike in accordance with the following criteria:
I. Until the eastern New Hampshire turnpike becomes part of the New Hampshire turnpike system, tolls shall be established and revised from time to time under RSA 237:24 which are at least sufficient to meet the operating expenses and maintenance costs of the eastern New Hampshire turnpike and to pay the principal and interest on bonds issued to finance the eastern New Hampshire turnpike.
II. Until the central New Hampshire turnpike becomes part of the New Hampshire turnpike system, tolls shall be established and revised from time to time under RSA 237:40 which are at least sufficient to meet the operating expenses and maintenance costs of the central New Hampshire turnpike and to pay the principal and interest on bonds issued to finance the central New Hampshire turnpike.
III. The tolls established or revised from time to time under RSA 237:24 and 237:40 and under 237:9 shall be at least sufficient in the aggregate to meet the aggregate operating expenses and maintenance costs of the central New Hampshire turnpike, the eastern New Hampshire turnpike and the New Hampshire turnpike system and to pay the aggregate principal and interest on bonds issued to finance the central New Hampshire turnpike, the eastern New Hampshire turnpike and the New Hampshire turnpike system.
IV. Insofar as practicable, the tolls on the central New Hampshire turnpike, the eastern New Hampshire turnpike and the New Hampshire turnpike system shall be comparable.
V. Notwithstanding any other provision of law to the contrary, the discount on the established tolls on any of the New Hampshire turnpikes in the system for vehicles listed on a New Hampshire E-Z Pass account and using the regional electronic toll collection system with a New Hampshire E-Z Pass transponder shall be 30 percent for passenger vehicles, including motorcycles, and 10 percent for commercial vehicles.

Source. RSA 256-C:10. 1971, 520:1. 1979, 218:1. 1981, 87:1. 1983, 427:4. 2001, 247:2. 2004, 241:5. 2005, 177:55, eff. July 1, 2005. 2013, 186:12, eff. Aug. 31, 2013.

Section 237:12

    237:12 Exemption From Tolls. –
I. The following motor vehicles shall be granted toll-free use of any section of the New Hampshire turnpike system:
(a) Motor vehicles bearing plates with the state seal as authorized under RSA 261:90.
(b) All vehicles with permanent plates as authorized under RSA 261:92.
(c) Military vehicles of the state and federal governments.
(d) Emergency vehicles going to and returning from their duties.
II. The commissioner of the department of safety may request electronic toll collection equipment from the department of transportation for unmarked vehicles of the New Hampshire state police and undercover vehicles of the department of justice not displaying permanent plates. Accounting procedures for such electronic toll collection equipment shall be established by the commissioner of the department of transportation.
III. The commissioner of the department of transportation shall issue appropriate identification for turnpike employees and employees of state liquor stores on the turnpike, when said employees have to use the turnpike to get to their places of employment. Such identification shall permit toll-free use of the New Hampshire turnpike system only to the extent required by an employee covered in this paragraph to get to and from his place of employment.
IV. The commissioner of the department of transportation may grant, at his discretion, toll-free use of the turnpike system to any person he deems appropriate, by providing proper identification to such person; provided, however, for those persons granted toll-free use pursuant to this paragraph, the commissioner shall propose legislation for consideration at the next session of the general court. If such legislation is not enacted into law, such exemption shall expire at the end of that particular session.

Source. RSA 256-C:11. 1971, 520:1. 1981, 87:1. 1988, 83:1. 2001, 247:3, eff. July 13, 2001.

Section 237:13

    237:13 Limited Access. – The New Hampshire turnpike system shall be limited access highways as defined in RSA 230:44, except that RSA 230:52 shall not apply to ducts, pipes, pipelines, poles, wires or other structures permitted under RSA 237:5, II(g) or to pre-existing facilities on highways, not previously restricted as to access, used as toll-free sections of the system.

Source. RSA 256-C:12. 1971, 520:1. 1981, 87:1, eff. April 20, 1981.

Section 237:14

    237:14 Contracts for Construction. – All contracts for the construction of the New Hampshire turnpike system shall be awarded to the lowest responsible bidder submitting a sealed bid after an advertisement calling for bids has been published at least once in each of 2 successive weeks in a newspaper of general circulation in New Hampshire. The first publication of such advertisement shall be not less than 14 days prior to the date upon which bids are received. Contracts shall be awarded in accordance with RSA 228:4.

Source. RSA 256-C:13. 1971, 520:1. 1981, 87:1, eff. April 20, 1981.

Section 237:15

    237:15 Toll Reserve Accounts. – Any excess of toll revenue which may exist from time to time in any of the individual turnpike reserve accounts or the New Hampshire turnpike system reserve account shall be used only to finance extension studies, maintenance, construction, reconstruction and extensions of the system wherever located, interest on bonded indebtedness or retirement of bonded indebtedness or other costs which may be properly charged against these accounts or to the New Hampshire turnpike system.

Source. RSA 256-C:14. 1971, 520:1. 1981, 87:1, eff. April 20, 1981.

Section 237:15-a

    237:15-a Transfers from the General Reserve Account. – If the expenditure of additional funds over budget estimates is necessary for the proper functioning of the bureau of turnpikes, the department of transportation may request that the governor and council authorize the transfer of funds from the general reserve account for highway purposes.

Source. 1989, 58:1, eff. June 18, 1989.

Section 237:16

    237:16 Repealed by 1981, 149:1, eff. July 21, 1981. –

Regional Electronic Toll Collection

Section 237:16-a

    237:16-a Definitions. –
In this subdivision:
I. "Commissioner" means the commissioner of the department of transportation.
II. "Department" means the department of transportation.
III. "Interagency toll collection system" means a system for electronically transmitting information from a device to receiving equipment in a toll lane, which information is used to charge a valid account holder the appropriate toll or charge for use of the turnpike system.
IV. "E-Z Pass" means a regional system of electronic toll collection operated by the members of the E-Z Pass Interagency Group, or when the context requires, means the registered service mark "E-Z Pass."
V. "Interagency group" means the agencies of this or any other state that have mutually agreed to operate the E-Z Pass regional interagency toll collection system by use of similar practices, procedures, and toll collection equipment.
VI. "Toll lane" means electronic and/or cash lanes, or electronic lanes with no cash option.

Source. 2001, 247:1, eff. July 13, 2001. 2019, 312:5, eff. Oct. 1, 2019.

Section 237:16-b

    237:16-b Regional Interagency Toll Collection Authorized. – The commissioner is hereby authorized to execute all documents and perform all other acts necessary to enter into and carry out the provisions of a regional interagency toll collection system agreement with the Interagency Group in order to increase the efficiency of turnpike operation and to improve traffic management in the state and region.

Source. 2001, 247:1, eff. July 13, 2001. 2019, 312:6, eff. Oct. 1, 2019.

Section 237:16-c

    237:16-c E-Z Pass Operations Interagency Agreement. –
I. The commissioner shall represent the state as a member of the Interagency Group and shall participate in the determination of practices, policies, procedures, and in the selection of equipment and contractors used to provide consistent toll collections throughout the region in accordance with the terms of the Interagency Agreement for Operations, as the same may be amended from time to time.
II. Notwithstanding the variations in physical and operating characteristics of member agencies' toll collection equipment, it shall be the power and duty of the Interagency Group to assure that similar operating parameters and procedures are established to provide for consistent, safe E-Z Pass operation throughout the region.
III. This agreement shall be construed liberally to accomplish its purposes, but in the event a dispute arises, it shall be resolved in accordance with a provision establishing a procedure for the arbitration and resolution of disputes contained in the agreement.
IV. The commissioner may enter into discussions with other state jurisdictions to create reciprocal agreements for the enforcement and collection of tolls and administrative fees due. The departments of transportation and safety may release driver's and owner's information to other jurisdictions for the purpose of enforcement or collection of tolls and may take such other action as is necessary to effectuate the reciprocal toll collection enforcement agreements.
V. For effective toll collection enforcement, the department of transportation and the department of safety may accept a request from another state to deny registration renewal privileges for a vehicle registration plate in accordance with RSA 263:56-f for unpaid tolls incurred in the other state, provided that the other state represents that the request is in keeping with criteria for denial of registration renewal privileges as set forth in the states' respective reciprocal toll collection enforcement agreement. Any costs incurred for the implementation of software to effectuate reciprocal toll collection enforcement agreements shall be reimbursed from the turnpike fund.

Source. 2001, 247:1, eff. July 13, 2001. 2009, 144:83, eff. July 1, 2009. 2015, 242:2, eff. Sept. 11, 2015. 2019, 312:7, eff. Oct. 1, 2019.

Section 237:16-d

    237:16-d Rulemaking. – The commissioner may adopt such rules as are necessary to enforce the terms of this agreement, which shall be exempt from the provisions of RSA 541-A and shall have the effect of law, and which shall provide for each of the member states or agencies to collect tolls and perform audits on behalf of the other member states or agencies. Nothing in this section shall be construed to authorize the adoption of rules which alter any existing or establish any new tolls, fees, penalties, or interest charges; provided, however, that the rules may include tolls, fees, penalties, or interest charges which are otherwise provided for by the laws of this state.

Source. 2001, 247:1, eff. July 13, 2001.

Section 237:16-e

    237:16-e Confidentiality of Records. – Notwithstanding RSA 91-A or any other provision of law, all information received by the department that could serve to identify vehicles, vehicle owners, vehicle occupants, or account holders in any electronic toll collection system in use in this state shall be for the exclusive use of the department for the sole purpose of administering the electronic toll collection system, and shall not be open to any other organization or person, nor be used in any court in any action or proceeding, unless the action or proceeding relates to the imposition of or indemnification for liability pursuant to this subdivision. The department may make such information available to another organization or person in the course of its administrative duties, only on the condition that the organization or person receiving such information is subject to the limitations set forth in this section. For the purposes of this section, administration or administrative duties shall not include marketing, soliciting existing account holders to participate in additional services, taking polls, or engaging in other similar activities for any purpose. The use and release of all information obtained from the department of safety pursuant to RSA 260:14, III-a, shall be governed by RSA 260:14.

Source. 2001, 247:1. 2004, 19:2, eff. June 4, 2004. 2015, 242:3, eff. Sept. 11, 2015.

Section 237:16-f

    237:16-f Immunity. – Nothing in this subdivision shall be construed to constitute a waiver of the sovereign immunity of the state, or any other defense, right, immunity, or other protection under law, including any statutory provision, as a result of participation in this agreement.

Source. 2001, 247:1, eff. July 13, 2001.

Section 237:16-g

    237:16-g Additional Uses of E-Z Pass System. –
The commissioner may approve the use of the E-Z Pass system for the payment of non-toll based financial obligations voluntarily incurred by an account holder, provided that:
I. The financial obligation has been incurred for a purpose approved by the department pursuant to RSA 237:16-d, or the Interagency Group pursuant to procedures adopted in accordance with RSA 237:16-c.
II. The business entity to be paid through the system has entered into a written agreement with the department, or another member of the Interagency Group, agreeing to be bound by:
(a) All of the practices, procedures, and policies of the department or the Interagency Group;
(b) The requirements for confidentiality of information regarding the vehicle, the vehicle owner, and vehicle occupants under RSA 237:16-e;
(c) All applicable federal and state laws, regulations, and rules regulating the consumer credit transaction between the business entity and the account holder; and
(d) A process for the resolution of disputed charges with account holders, which includes an agreement to hold the department and its agents harmless for the payment of any unpaid financial obligation to the business entity incurred by the account holder through the E-Z Pass system.
III. The account holder has, as a result of signing a written account holder agreement prior to incurring charges on the account:
(a) Agreed to be liable for payment of such obligations in accordance with the terms of the agreement;
(b) Been provided with notice of all current policies regarding the sharing of information regarding the account and transactions incurred through the E-Z Pass system; and
(c) Been provided with notice of procedures available to resolve disputes arising from transactions incurred through the E-Z Pass system.
IV. The department may establish reasonable fees to be charged to account holders and business entities participating in this program, and to recover costs of administration, enforcement, and improvement of the E-Z Pass system. Such fees shall be deposited in the turnpike fund.

Source. 2004, 19:1, eff. June 4, 2004.

Eastern New Hampshire Turnpike

Section 237:17

    237:17 Authority Granted. –
The commissioner of transportation, with the approval of the governor and council, shall locate and construct a continuous highway from a point on the Massachusetts-New Hampshire boundary in the town of Seabrook to a point on the New Hampshire-Maine boundary in the city of Portsmouth, and from the Portsmouth traffic circle in the city of Portsmouth to a point in the vicinity of the town of Milton, and shall operate and maintain said highway as a toll road as hereinafter provided.
I. Determine the location of the aforesaid toll road and fix the width of its right-of-way.
II. Acquire in the name of the state by purchase or by exercise of the right of condemnation as provided by statute such lands, property, rights, easements and interests as may be deemed necessary for carrying out the provisions of this subdivision.
III. Designate the locations and establish, limit and control such points of ingress to and egress from the toll road as may be necessary or desirable to ensure the proper operation of the toll road and to prohibit ingress to or egress from the toll road at any points not so designated.
IV. Permit toll-free use of certain sections of the toll road if it is for the public good.
V. Construct grade separations at intersections of the toll road with public roads and private ways, and change and adjust the lines and grades of such roads and ways so as to accommodate the same to the design of such grade separations and to the design of the toll road.
VI. Construct, operate and maintain the toll road within the compact areas of cities and towns.
VII. Grant permits or licenses to any corporation or person to place and maintain along, on, under or within the toll road ducts, pipes, pipelines, poles, wires or other structures, to be so located as not to be unsightly and not to interfere with the safe and convenient operation and maintenance of the toll road, and may contract with any such corporation or person for such permits or licenses on such terms and conditions as may be deemed necessary for carrying out the provisions of this subdivision. The appearance, construction, maintenance and repairs of any such ducts, pipes, pipelines, poles, wires or other structures shall be subject to such directions and regulations as may be imposed.
VIII. Establish a temporary turnpike engineering section for the period of design and construction of the toll road, 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 design and construction. The costs of said turnpike engineering section shall be a charge against the funds made available under the subdivision.
IX. Enter into contractual relations on behalf of the state.
X. Do and perform all such acts as are necessary for the public good.
XI. Cause periodic traffic and economic studies to be made of the operation of the aforesaid toll road.
XII. Make periodic studies of possible extensions or additions to said toll road.
XIII. Employ such assistants, engineers or consulting services as may be necessary to carry out the provisions of paragraphs XI and XII of this section. The expense of the said studies shall be a charge upon the fund established under RSA 237:24 and, upon approval by the legislature, to extend said turnpike when recommendations of independent recognized consultants indicate that such extensions are economically feasible.
XIV. Construct a service road along the easterly side of the eastern New Hampshire turnpike, at a point commencing at the southerly side of Echo avenue in the city of Portsmouth, and running northerly to the southerly side of Gosling road in said Portsmouth, with access to the service road from land abutting the service road on the east; providing that all land required for such roads shall be provided without cost to the state, that all claims against the state as a result of construction of the Spaulding turnpike and the service road shall also be waived by said landowners and further provided that a sufficient balance from the funds established for the construction of the Spaulding turnpike to provide such access road shall be available on completion of the project;
XV. [Repealed.]
Further provided that upon completion of said service road, it be accepted by the city of Portsmouth and thereafter it will keep and maintain said service road without expense to the state of New Hampshire.

Source. 1947, 295:1, 2, 3. 1951, 21:1. 1953, 237:1, par. 1. RSA 256:1. 1955, 304:1. 1981, 87:1. 1985, 16:4; 402:6, I(b)(8). 1987, 403:5. 1996, 95:1, II. 2004, 257:34, eff. June 15, 2004. 2009, 144:74, eff. July 1, 2009.

Section 237:18

    237:18 Highways Named. – The portion of the toll road from the Massachusetts-New Hampshire boundary in the town of Seabrook to a point on the New Hampshire-Maine boundary in the city of Portsmouth shall be designated as the Blue Star memorial highway as provided in chapter 115, Laws of 1949, and shall be located on the road as now constructed. That part of the said toll road from the Portsmouth traffic circle in the city of Portsmouth to a point in the vicinity of the town of Milton, shall be designated and named Spaulding turnpike.

Source. 1953, 237:1, par. 2. RSA 256:2. 1981, 87:1, eff. April 20, 1981. 2009, 144:75, eff. July 1, 2009.

Section 237:19

    237:19 Highway Patrol. – Law enforcement and public safety services on the turnpike system shall be provided by the department of safety, division of state police. The cost of these services shall be a charge on the fund established under RSA 237:24.

Source. 1950, 8:1. 1953, 237:1, par. 3. RSA 256:3. 1961, 166:3. 1981, 87:1. 1985, 16:3, eff. April 1, 1985.

Section 237:20

    237:20 Funds Provided. – A sum not exceeding $7,000,000 for the construction of the toll road from a point on the Massachusetts-New Hampshire boundary in the town of Seabrook to a point in the city of Portsmouth and a sum not exceeding $14,300,000 for the construction from said point in the city of Portsmouth to a point in the vicinity of the city of Rochester is hereby appropriated as hereinafter provided for the purposes of carrying into effect the provisions of this subdivision.

Source. 1947, 295:4. 1949, 303:1. 1953, 237:1, par. 4. RSA 256:4. 1981, 87:1, eff. April 20, 1981.

Section 237:21

    237:21 Borrowing Power. –
I. The state treasurer is hereby authorized under the direction of the governor and council to borrow upon the credit of the state a sum not exceeding $21,300,000 for the purposes of carrying into effect the provisions of this subdivision and for that purpose may issue bonds in the name and on behalf of the state of New Hampshire at a rate of interest to be determined by the governor and council.
II. The maturity dates of such bonds shall be determined by the governor and council but in no case shall they be later than 30 years from the date of issue and may be redeemable before maturity at the option of the governor and council at such price or prices and under such terms and conditions as may be fixed by the governor and council prior to the issuance of the bonds. Such bonds shall contain an express guarantee which shall be deemed a contract on the part of the state that tolls will be collected in accordance with the provisions of this subdivision until the date of maturity of said bonds or until sufficient money shall have accumulated to pay said bonds and the interest thereon at or prior to dates of maturity. The bonds shall be in such form and such denominations as the governor and council shall determine, may be registerable as to both principal and interest, shall be countersigned by the governor, and shall be deemed a pledge of the full faith and credit of the state. The governor may authorize his countersignature on said bonds to be by facsimile signature.
III. The secretary of state shall keep an account of all such bonds showing the number and amount of each, the time and date of countersigning, the date of delivery to the treasurer, and the date of maturity.
IV. The state treasurer shall keep an account of each bond showing the number thereof, the name of the person to whom sold, the amount received from the same, the date of the sale and the date of maturity.

Source. 1947, 295:5. 1949, 303:2. 1953, 237:1, par. 5. RSA 256:5. 1981, 87:1, eff. April 20, 1981.

Section 237:22

    237:22 Short Term Notes. – Prior to the issuance of the bonds hereunder, the state treasurer with the approval of the governor and council may for the purposes hereof borrow money from time to time on short term loans which may be refunded by the issuance of the bonds hereunder. Provided, however, that at no one time shall the indebtedness of the state on such short term loans exceed the sum of $14,300,000.

Source. 1947, 295:7. 1949, 44:1. 1953, 237:1, par. 6. RSA 256:6. 1981, 87:1, eff. April 20, 1981.

Section 237:23

    237:23 Sale of Bonds or Notes. –
I. All bonds or notes (except short-term loans) issued under the provisions of this subdivision shall be sold (1) at public sealed bidding (2) only after an advertisement calling for bids has been published at least once in each of 2 successive calendar weeks in a newspaper of general circulation in New Hampshire and in a financial publication of national circulation, the first publication being not less than 15 days prior to the day the bids will be received, and (3) to the highest bidder. The governor and council may reject any or all bids, or negotiate with the highest responsible bidder.
II. The proceeds from the sale of such bonds shall be held by the treasurer and paid out by him upon warrants drawn by the governor for the purposes of this subdivision alone, and the governor with the advice and consent of the council shall draw his warrant for the payment from the funds provided by this subdivision of all sums expended or due for the purposes herein authorized, provided, however, that such expenditures or commitments shall not exceed the sum of $5,000,000 prior to July 1, 1955. All interest from such bonds shall be exempt from taxation within the state of New Hampshire.

Source. 1947, 295:6. 1953, 237:1, par. 7. RSA 256:7. 1981, 87:1, eff. April 20, 1981.

Section 237:24

    237:24 Tolls. –
I. The commissioner of transportation, with the approval of the governor and council, shall establish toll rates and other charges for use of the eastern New Hampshire turnpike or any part of the right-of-way and other property acquired in connection therewith. The governor and council shall approve or reject the commissioner's proposed toll rates and other charges within 90 days of receiving them. The tolls collected shall be deposited with the state treasurer who shall keep the same in a separate account, and the operating expenses and maintenance of the turnpike shall be paid from said account. From the balance remaining after payment of operation and maintenance, the governor, with the approval of the council, shall pay the interest and principal on the bonds issued hereunder. Fourteen days previous to the time said interest and principal are payable, the state treasurer shall examine the existing balance and if such balance is insufficient to make the payment, then he shall notify the governor who shall immediately draw his warrant on the highway fund to cover any deficit, and, if the funds in both of the above accounts are insufficient, the governor shall draw his warrant upon the state's general fund to the amount necessary to meet the payments. The full faith and credit of the state is pledged to the payment of the principal of and the interest on the bonds as they become due and payable. Any funds paid out from the state's general fund for the above purposes shall be reimbursed from the collection of tolls as soon as such funds are available. Any funds that have been or may be expended for the completion of the turnpike by the department of transportation shall be repaid to said department when, in the opinion of the governor and council, sufficient funds are available. Any excess income may be used for further toll road extensions in accordance with RSA 237:17, XIII. During the construction of the turnpike the governor may, if necessary, draw his warrant upon the highway fund to pay interest due on any bonds that have been issued in accordance with the provisions of this subdivision; such payment is to be repaid to the highway fund from the collection of tolls.
II. Tolls or charges collected for use of any section of the eastern New Hampshire turnpike, including the so-called Blue Star memorial highway and the so-called Spaulding highway, shall be kept in one account by the state treasurer to be known as the eastern New Hampshire turnpike fund. Payments therefrom shall be made as provided in paragraph I.

Source. 1947, 295:8. 1953, 237:1, par. 8. RSA 256:8; 256:8-a. 1963, 97:3. 1981, 87:1. 1985, 16:5; 402:6, I(a)(8). 1987, 403:6, eff. Jan. 1, 1988.

Section 237:25

    237:25 Repealed by 1988, 83:2, I, eff. June 14, 1988. –

Section 237:26

    237:26 Encumbered Tolls Nonlapsing. – Notwithstanding the provisions of RSA 9:18 any general appropriation of funds collected pursuant to the provisions of this subdivision which have been encumbered shall not lapse until the object for which the encumbrance was made has been accomplished. No later than 2 weeks after the convening of any regular session of the legislature, the commissioner of administrative services shall submit a list of all extensions of the time of lapsing of any such appropriation pursuant to this section to the chairperson of the finance committee of the house of representatives and to the chairperson of the senate finance committee.

Source. RSA 256:8-c. 1971, 32:1. 1981, 87:1. 1985, 399:3, I. 1995, 9:33, eff. June 11, 1995.

Section 237:27

    237:27 Definition. – Said toll road shall be a limited access highway as defined in RSA 230:44, except that RSA 230:52 shall not apply to ducts, pipes, pipelines, poles, wires or other structures permitted under RSA 237:17, VII or to existing facilities on highways, not now restricted as to access, used as toll-free sections of the turnpike.

Source. 1947, 295:10. 1949, 303:3. 1953, 237:1, par. 9. RSA 256:9. 1981, 87:1, eff. April 20, 1981.

Section 237:28

    237:28 Contracts for Construction. – All contracts for the construction of the highway hereunder shall be awarded to the lowest responsible bidder submitting a sealed bid after an advertisement calling for bids has been published at least once in each of 2 successive weeks in a newspaper of general circulation in New Hampshire. The first publication of such advertisement shall be not less than 14 days prior to the date upon which bids are received. Contracts shall be awarded in accordance with RSA 228:4.

Source. 1947, 295:11. 1953, 237:1, par. 10. RSA 256:10. 1981, 87:1, eff. April 20, 1981.

Eastern Turnpike Bridge

Section 237:29

    237:29 Authority Granted. – The commissioner of transportation, with the approval of the governor and council, is hereby authorized to lay out and construct a bridge and the approaches thereto over Great Bay parallel to, on the downstream side of, the General Sullivan bridge. Except as may be inconsistent herewith and except as hereinafter otherwise provided, said bridge shall be laid out, constructed and operated in accordance with, and shall be subject to, the provisions of RSA 237 including, but not limited to, RSA 237:24.

Source. RSA 256-A:1. 1963, 223:1. 1981, 87:1. 1985, 402:6, I(b)(8).

Section 237:30

    237:30 Funds Provided. – A sum not exceeding $3,000,000 is hereby appropriated as hereinafter provided for the purpose of carrying into effect the provisions of this subdivision.

Source. RSA 256-A:2. 1963, 223:1. 1981, 87:1, eff. April 20, 1981.

Section 237:31

    237:31 Borrowing Power. – The state treasurer is hereby authorized with the approval of the governor and council to borrow upon the credit of the state a sum not exceeding $3,000,000 for the purpose of carrying into effect the provisions of this subdivision and for that purpose may issue bonds in the name and on behalf of the state of New Hampshire at a rate of interest to be determined by the governor and council. The maturity dates of such bonds shall be determined by the governor and council but in no case shall they be later than 30 years from the date of issue and may be redeemable before maturity at the option of the governor and council at such price or prices and under such terms and conditions as may be fixed by the governor and council prior to the issuance of the bonds. Such bonds shall contain an express guarantee which shall be deemed a contract on the part of the state that tolls will be collected in accordance with the provisions of this subdivision and RSA 237 until the date of maturity of said bonds or until sufficient money shall have accumulated to pay said bonds and the interest thereon at or prior to the dates of maturity. The bonds shall be in such form and such denominations as the governor and council shall determine, may be registerable as to both principal and interest, shall be countersigned by the governor, and shall be deemed a pledge of the full faith and credit of the state. The governor may authorize his countersignature on said bonds to be by facsimile signature. The secretary of state shall keep an account of all such bonds showing the number and amount of each, the time and date of countersigning, the date of delivery to the treasurer and the date of maturity. The state treasurer shall keep an account of each bond showing the number thereof, the name of the person to whom sold, the amount received from the same, the date of the sale and the date of maturity.

Source. RSA 256-A:3. 1963, 223:1. 1981, 87:1, eff. April 20, 1981.

Section 237:32

    237:32 Short Term Notes. – Prior to the issuance of the bonds hereunder the state treasurer, with the approval of the governor and council, may for the purposes hereof borrow money from time to time on short term loans which may be refunded by the issuance of bonds hereunder. Provided, however, that at no time shall the indebtedness of the state on such short term loans exceed the sum of $3,000,000.

Source. RSA 256-A:4. 1963, 223:1. 1981, 87:1, eff. April 20, 1981.

Section 237:33

    237:33 Sale of Bonds or Notes. – All bonds or notes (except short term loans) issued under the provisions of this subdivision shall be sold (1) at public sealed bidding (2) only after an advertisement calling for bids has been published at least once in each of 2 successive calendar weeks in a newspaper of general circulation in New Hampshire and in a financial publication of national circulation, the first publication being not less than 15 days prior to the day the bids will be received, and (3) to the highest bidder. The governor and council may reject any or all bids, and/or negotiate with the highest responsible bidder. The proceeds from the sale of such bonds shall be held by the treasurer and paid out by him upon warrants drawn by the governor for the purposes of this subdivision alone, and the governor, with the advice and consent of the council, shall draw his warrant for the payment from the funds provided by this subdivision of all sums expended or due for the purposes herein authorized. All interest from such bonds shall be exempt from taxation within the state of New Hampshire.

Source. RSA 256-A:5. 1963, 223:1. 1981, 87:1, eff. April 20, 1981.

Central New Hampshire Turnpike

Section 237:34

    237:34 Authority Granted for Turnpike. –
The commissioner of transportation, with the approval of the governor and council, shall locate and construct a continuous highway from a point on the Massachusetts-New Hampshire boundary in the city of Nashua to a point in the city of Concord and shall operate and maintain said highway as a turnpike as hereinafter provided:
I. Determine the location of the authorized turnpike and fix the width of its right-of-way; provided that the location of the turnpike through the city of Manchester shall be located on the west bank of the Merrimack river.
II. Acquire in the name of the state by purchase or by exercise of the right of condemnation as provided by statute such lands, property, rights, easements and interests as may be deemed necessary for carrying out the provisions of this subdivision.
III. Designate the locations and establish, limit and control such points of ingress to and egress from the turnpike as may be necessary or desirable to ensure the proper operation of the turnpike and to prohibit ingress to or egress from the turnpike at any points not so designated.
IV. Permit toll-free use of certain sections of the turnpike if it is for the public good.
V. Construct grade separations at intersections of the turnpike with public roads and private ways, and change and adjust the lines and grades of such roads and ways so as to accommodate the same to the design of such grade separations to the design of the turnpike.
VI. Construct, operate and maintain the turnpike within the compact areas of cities and towns.
VII. Grant permits or licenses to any corporation or person to place and maintain along, on, under or within the turnpike ducts, pipes, pipelines, poles, wires or other structures, to be so located as not to be unsightly and not to interfere with the safe and convenient operation and maintenance of the turnpike and contract with any such corporation or person for such permit or license on such terms and conditions as may be deemed necessary for carrying out the provisions of this subdivision. The appearance, construction, maintenance and repairs of any such ducts, pipes, pipelines, poles, wires or other structures shall be subject to such directions and regulations as may be imposed.
VIII. Establish a temporary turnpike engineering section for the period of design and construction of the turnpike, 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 design and construction. The costs of said turnpike engineering section shall be a charge against the funds made available hereunder.
IX. Enter into contractual relations on behalf of the state.
X. Do and perform all such acts as are necessary for the public good.
XI. Cause periodic traffic and economic studies to be made of the operation of the aforesaid turnpike.
XII. Make periodic studies of possible extensions or additions to said turnpike.
XIII. Employ such assistants, engineers or consulting services as may be necessary to carry out the provisions of paragraphs XI and XII above. The expense of the said studies shall be a charge upon the funds established under RSA 237:40 and, upon approval by the legislature, extend said turnpike when recommendations of independent recognized consultants indicate that such extensions are economically feasible.
XIV. [Repealed.]

Source. 1953, 238:1. RSA 257:1. 1981, 87:1. 1985, 17:4; 402:6, I(b)(8). 1987, 403:7. 1996, 95:1, III, eff. July 14, 1996.

Section 237:35

    237:35 Highway Patrol. – Law enforcement and public safety services on the turnpike system shall be provided by the department of safety, division of state police. The cost of these services shall be a charge on the fund established under RSA 237:40.

Source. 1953, 238:2. RSA 257:2. 1961, 166:3. 1981, 87:1. 1985, 17:3, eff. April 1, 1985.

Section 237:36

    237:36 Funds Provided. – A sum not exceeding $19,350,000 is hereby appropriated as hereinafter provided for the purposes of carrying into effect the provisions of this subdivision.

Source. 1953, 238:3. RSA 257:3. 1981, 87:1, eff. April 20, 1981.

Section 237:37

    237:37 Borrowing Power. –
I. The state treasurer is hereby authorized with the approval of the governor and council to borrow upon the credit of the state a sum not exceeding $19,350,000 for the purpose of carrying into effect the provisions of this subdivision and for that purpose may issue bonds in the name and on behalf of the state of New Hampshire at a rate of interest to be determined by the governor and council.
II. The maturity dates of such bonds shall be determined by the governor and council but in no case shall they be later than 30 years from the date of issue and may be redeemable before maturity at the option of the governor and council at such price or prices and under such terms and conditions as may be fixed by the governor and council prior to the issuance of the bonds. Such bonds shall contain an express guarantee which shall be deemed a contract on the part of the state that tolls will be collected in accordance with the provisions of this subdivision until the date of maturity of said bonds or until sufficient money shall have accumulated to pay said bonds and the interest thereon at or prior to the dates of maturity. The bonds shall be in such form and such denominations as the governor and council shall determine, may be registerable as to both principal and interest, shall be countersigned by the governor, and shall be deemed a pledge of the full faith and credit of the state. The governor may authorize his countersignature on said bonds to be by facsimile signature.
III. The secretary of state shall keep an account of all such bonds showing the number and amount of each, the time and date of countersigning, the date of delivery to the treasurer and the date of maturity.
IV. The state treasurer shall keep an account of each bond showing the number thereof, the name of the person to whom sold, the amount received from the same, the date of the sale and the date of maturity.

Source. 1953, 238:4. RSA 257:4. 1981, 87:1, eff. April 20, 1981.

Section 237:38

    237:38 Short Term Notes. – Prior to the issuance of the bonds hereunder the state treasurer, with the approval of the governor and council, may for the purposes hereof borrow money from time to time on short term loans which may be refunded by the issuance of the bonds hereunder. Provided, however, that at no one time shall the indebtedness of the state on such short term loans exceed the sum of $19,350,000.

Source. 1953, 238:5. RSA 257:5. 1981, 87:1, eff. April 20, 1981.

Section 237:39

    237:39 Sale of Bonds or Notes. –
I. All bonds or notes (except short term loans) issued under the provisions of this subdivision shall be sold (1) at public sealed bidding (2) only after an advertisement calling for bids has been published at least once in each of 2 successive calendar weeks in a newspaper of general circulation in New Hampshire and in a financial publication of national circulation, the first publication being not less than 15 days prior to the day the bids will be received, and (3) to the highest bidder. The governor and council may reject any or all bids, or negotiate with the highest responsible bidder.
II. The proceeds from the sale of such bonds shall be held by the treasurer and paid out by him upon warrants drawn by the governor for the purposes of this subdivision alone, and the governor, with the advice and consent of the council, shall draw his warrant for the payment from the funds provided by this subdivision of all sums expended or due for the purposes herein authorized, provided, however, that such expenditure or commitments shall not exceed the sum of $15,000,000 prior to July 1, 1955. All interest from such bonds shall be exempt from taxation within the state of New Hampshire.

Source. 1953, 238:6. RSA 257:6. 1981, 87:1, eff. April 20, 1981.

Section 237:40

    237:40 Tolls. – The commissioner of transportation, with the approval of the governor and council, shall establish toll rates and other charges for use of the central New Hampshire turnpike or any part of the right-of-way and other property acquired in connection therewith. The governor and council shall approve or reject the commissioner's proposed toll rates and other charges within 90 days of receiving them. The tolls collected shall be deposited with the state treasurer who shall keep the same in a separate account, and the operating expenses and maintenance of the turnpike shall be paid from said account. From the balance remaining after payment of operation and maintenance, the governor, with the approval of the council, shall pay the interest and principal on the bonds hereunder. Fourteen days previous to the time said interest and principal are payable, the state treasurer shall examine the existing balance and if such balance is insufficient to make the payment, then he shall notify the governor who shall immediately draw his warrant on the highway fund to cover any deficit, and, if the funds in both of the above accounts are insufficient, the governor shall draw his warrant upon the state's general fund to the amount necessary to meet the payments. The full faith and credit of the state is pledged to the payment of the principal of and the interest on the bonds as they become due and payable. Any funds paid out from the state's general fund for the above purposes shall be reimbursed from the collection of tolls as soon as such funds are available. Any funds that have been or may be expended for the completion of the turnpike by the department of transportation shall be repaid to said department when, in the opinion of the governor and council, sufficient funds are available. Any excess income may be used for further turnpike extensions in accordance with RSA 237:34, XIII. During the construction of the turnpike the governor may, if necessary, draw his warrant upon the highway fund to pay interest due on any bonds that have been issued in accordance with the provisions of this subdivision; such payment is to be repaid to the highway fund from the collection of tolls.

Source. 1953, 238:7. RSA 257:7. 1981, 87:1. 1985, 17:5; 402:6, I(a)(8). 1987, 403:8, eff. Jan. 1, 1988.

Section 237:41

    237:41 Repealed by 1988, 83:2, II, eff. June 14, 1988. –

Section 237:42

    237:42 Encumbered Tolls Nonlapsing. – Notwithstanding the provisions of RSA 9:18 any general appropriation of funds collected pursuant to the provisions of this subdivision which have been encumbered shall not lapse until the object for which the encumbrance was made has been accomplished. No later than 2 weeks after the convening of any regular session of the legislature, the commissioner of administrative services shall submit a list of all extensions of the time of lapsing of any such appropriation pursuant to this section to the chairperson of the finance committee of the house of representatives and to the chairperson of the senate finance committee.

Source. RSA 257:7-b. 1971, 31:1. 1981, 87:1. 1985, 399:3, I. 1995, 9:34, eff. June 11, 1995.

Section 237:43

    237:43 Definition. – Said turnpike shall be a limited access highway as defined in RSA 230:44, except that RSA 230:52 shall not apply to ducts, pipes, pipelines, poles, wires or other structures permitted under RSA 237:34, VII or to existing facilities on highways, not now restricted as to access, used as toll-free sections of the turnpike.

Source. 1953, 238:8. RSA 257:8. 1981, 87:1, eff. April 20, 1981.

Section 237:44

    237:44 Contracts for Construction. – All contracts for the construction of the highway hereunder shall be awarded to the lowest responsible bidder submitting a sealed bid after an advertisement calling for bids has been published at least once in each of 2 successive weeks in a newspaper of general circulation in New Hampshire. The first publication of such advertisement shall be not less than 14 days prior to the date upon which bids are received. Contracts shall be awarded in accordance with RSA 228:4.

Source. 1953, 238:9. RSA 257:9. 1981, 87:1, eff. April 20, 1981.

Central New Hampshire Turnpike Connection

Section 237:45

    237:45 Authority Granted. – For the purpose of connecting the central New Hampshire turnpike with the proposed relocation of route U.S. 3 in Massachusetts, at the New Hampshire-Massachusetts boundary, the commissioner of transportation, with the approval of the governor and council, is hereby authorized to lay out and construct a relocation of the central New Hampshire turnpike at a point westerly of the present location of said route in the city of Nashua, and to lay out and construct additional ramps at the interchange of the central New Hampshire turnpike and route 130, and for the acquisition of land necessary for continuation and construction of the F. E. Everett turnpike to the N.H.-Mass. boundary and to provide an access road or ramps north and south at Spitbrook road, provided funds are available for the construction of the additional ramps within the appropriations made hereunder for the purposes of this subdivision. Except as may be inconsistent herewith and except as hereinafter otherwise provided, said relocation shall be laid out, constructed and operated in accordance with, and shall be subject to the provisions of this subdivision including, but not limited to, RSA 237:40. Provided further that said relocation shall not be opened to traffic until relocated route 3 in Massachusetts shall also be opened to traffic.

Source. RSA 257-A:1. 1963, 281:1. 1965, 342:1. 1981, 87:1. 1985, 402:6, I(b)(8).

Section 237:46

    237:46 Funds Provided. – A sum not exceeding $4,000,000 is hereby appropriated for the purposes authorized in this subdivision. The appropriation shall be a continuing appropriation and shall not lapse.

Source. RSA 257-A:2. 1963, 281:1. 1965, 342:2. 1981, 87:1, eff. April 20, 1981.

Section 237:47

    237:47 Borrowing Power. – The state treasurer is hereby authorized with the approval of the governor and council to borrow upon the credit of the state a sum not exceeding $4,000,000 for the purpose of carrying into effect the provisions of this subdivision and for that purpose may issue bonds in the name and on behalf of the state of New Hampshire at a rate of interest to be determined by the governor and council. The maturity dates of such bonds shall be determined by the governor and council but in no case shall they be later than 30 years from the date of issue and may be redeemable before maturity at the option of the governor and council at such price or prices and under such terms and conditions as may be fixed by the governor and council prior to the issuance of the bonds. Such bonds shall contain an express guarantee which shall be deemed a contract on the part of the state that tolls will be collected in accordance with the provisions of this subdivision until the date of maturity of said bonds or until sufficient money shall have accumulated to pay said bonds and the interest thereon at or prior to the dates of maturity. The bonds shall be in such form and such denominations as the governor and council shall determine, may be registerable as to both principal and interest, shall be countersigned by the governor, and shall be deemed a pledge of the full faith and credit of the state. The governor may authorize his countersignature on said bonds to be by facsimile signature. The secretary of state shall keep an account of all such bonds showing the number and amount of each, the time and date of countersigning, the date of delivery to the treasurer and the date of maturity. The state treasurer shall keep an account of each bond showing the number thereof, the name of the person to whom sold, the amount received from the same, the date of the sale and the date of maturity.

Source. RSA 257-A:3. 1963, 281:1. 1965, 342:3. 1981, 87:1, eff. April 20, 1981.

Section 237:48

    237:48 Short Term Notes. – Prior to the issuance of the bonds hereunder the state treasurer, with the approval of the governor and council, may for the purposes hereof borrow money from time to time on short term loans which may be refunded by the issuance of bonds hereunder. Provided, however, that at no time shall the indebtedness of the state on such short term loans exceed the sum of $4,000,000.

Source. RSA 257-A:4. 1963, 281:1. 1965, 342:4. 1981, 87:1, eff. April 20, 1981.

Section 237:49

    237:49 Sale of Bonds or Notes. – All bonds or notes (except short term loans) issued under the provisions of this subdivision shall be sold (1) at public sealed bidding (2) only after an advertisement calling for bids has been published at least once in each of 2 successive calendar weeks in a newspaper of general circulation in New Hampshire and in a financial publication of national circulation, the first publication being not less than 15 days prior to the day the bids will be received, and (3) to the highest bidder. The governor and council may reject any or all bids, or negotiate with the highest responsible bidder. The proceeds from the sale of such bonds shall be held by the treasurer and paid out by him upon warrants drawn by the governor for the purposes of this subdivision alone, and the governor, with the advice and consent of the council, shall draw his warrant for the payment from the funds provided by this subdivision of all sums expended or due for the purposes herein authorized. All interest from such bonds shall be exempt from taxation within the state of New Hampshire.

Source. RSA 257-A:5. 1963, 281:1. 1981, 87:1, eff. April 20, 1981.

Turnpike Renewal and Replacement Accounts

Section 237:49-a

    237:49-a Turnpike Renewal and Replacement Account Established. – There is established the turnpike renewal and replacement account within the department of transportation. At the close of each fiscal year, all surplus renewal and replacement funds shall be carried forward within the turnpike renewal and replacement account.

Source. 1997, 351:3, eff. July 1, 1997. 2019, 134:18, eff. June 25, 2019.

Section 237:50

    237:50 Acquisition; Authority Granted. –
I. The department of transportation, acting by and on behalf of the state, is hereby authorized to convey to the bureau of turnpikes, and the bureau of turnpikes is authorized to acquire from the state, a portion of Interstate Route 95 in the city of Portsmouth for the sum of $120,000,000 and on such other terms and provisions as the commissioner of transportation and the bureau of turnpikes determine are reasonable or necessary to complete the acquisition. The bureau of turnpikes is authorized to acquire, expand, and make improvements to the eastern New Hampshire turnpike from the northerly expansion joint of the Interstate Route 95 bridge over the Spaulding turnpike, U.S. Route 4, and N.H. Route 16 (bridge No. 197/122) north to a point on the New Hampshire-Maine boundary in the city of Portsmouth, such improvements to include the installation of open road tolling for the toll on Interstate Route 95 in Hampton.
II. The bureau of turnpikes shall operate and maintain this section of highway, which shall become part of the eastern New Hampshire turnpike under RSA 237:17 and the Blue Star memorial highway under RSA 237:18.
III. Acquisition and expansion of the eastern New Hampshire turnpike system for $120,000,000 plus interest shall be at the state borrowing rate to be paid over a maximum 20-year term to the highway fund from the New Hampshire turnpike system reserve account as follows: $30,000,000 in fiscal year 2010, $20,000,000 in fiscal year 2011, and the balance to be paid under terms and conditions to be determined by the commissioner of transportation and the state treasurer.
IV. The high level bridge on Interstate Route 95 over the Piscataqua River is eligible for federal funds and state highway funds. In the event of emergency repairs or repair to damage from a catastrophic event, the department of transportation, rather than the bureau of turnpikes, shall remain liable for such repairs to the high level bridge.

Source. 2009, 144:76, eff. July 1, 2009.

All Electronic Tolling

Section 237:51

    237:51 All Electronic Tolling (AET). –
I. The department is authorized to construct and implement all electronic tolling (AET) at or in close proximity to the existing Dover and Rochester toll plaza locations, as part of the project named Dover-Rochester, project number 29440, using project appropriated turnpike funds totaling $11,000,000.
II. Provided the department makes a determination of financial feasibility, the department is further authorized to construct and implement all electronic tolling at or in close proximity to the existing Bedford mainline toll plaza as part of the project named Bedford-Merrimack, project number 16100, using appropriated turnpike funds for project number 16100 totaling $15,300,000.

Source. 2018, 358:4, eff. July 2, 2018.

Section 237:52

    237:52 Anonymous Transponder Option. – In conjunction with the installation and implementation of all electronic tolling under RSA 237:51, the department shall make available an optional system of anonymous transponders, allowing customers to anonymously fund and use a transponder, provided the transponder is properly funded and mounted prior to use. The transponders shall be available at public locations that allow the purchaser to remain anonymous. The department shall retain the least amount of information necessary for auditing purposes on anonymous transponder transactions.

Source. 2018, 358:4, eff. July 2, 2018.