Bill Text: NH HB1426 | 2020 | Regular Session | Introduced
Bill Title: Requiring an off highway recreational vehicle club to have certain tests performed on a rail trail prior to use as an OHRV trail.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-12-03 - Introduced 01/08/2020 and referred to Resources, Recreation and Development House Journal 1 P. 22 [HB1426 Detail]
Download: New_Hampshire-2020-HB1426-Introduced.html
HB 1426 - AS INTRODUCED
2020 SESSION
20-2300
06/04
HOUSE BILL 1426
SPONSORS: Rep. W. Thomas, Hills. 21; Rep. Stack, Hills. 21
COMMITTEE: Resources, Recreation and Development
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ANALYSIS
This bill requires certain tests to be performed on rail trails before they can be used as OHRV trails.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2300
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Bureau of Trails; Responsibilities; Testing and Remediation. Amend RSA 215-A:3 by inserting after paragraph III the following new paragraph:
III-a.(a) The bureau shall, prior to the use of any rail trail as an OHRV trail, cause a certified professional soil scientist to test for fugitive dust, and a certified environmental scientist to test for hazardous materials in the soil. In this paragraph, "fugitive dust" means small particles suspended in the air, the source of which is primarily the soil. The municipality, person, or organization seeking the conversion of a rail trail to OHRV use shall bear the expense of both tests.
(b) Hazardous materials under subparagraph (a) shall include metals, pesticides, petroleum products, oil, petroleum, coal ash, asbestos, creosote, and polynuclear aromatic hydrocarbon.
(c) Where fugitive dust is found, the bureau shall take the following precautions:
(1) The use of water or hydrophilic materials on operations or surfaces, or both.
(2) The construction of wind barriers, application of asphalt, water or hydrophilic material, tarps, or other such covers to material stockpiles.
(d) If hazardous materials are discovered, the bureau shall use the following guidelines:
(1) Within areas designated for recreational use along the trail, such as rest areas, picnic areas, and playgrounds, eliminate contact with potentially contaminated soil by implementing one or more measures, as appropriate:
· (A) Place potentially contaminated soil under pavement or an equivalent layer of compacted stone dust; or
(B) Place potentially contaminated soil under at least 12 inches of clean fill and mark with a geosynthetic barrier immediately above the potentially contaminated soil; or
(C) Remove and appropriately dispose of potentially contaminated soil off-site and replace with clean material such as soil, stone dust, or wood chips to establish the path and maintain grade.
(2) Outside the areas designated for recreational use, control contact with potentially contaminated soil by implementing one or more measures to minimize or eliminate contact with potential residual contamination, including:
(A) Design landscaping, including the nature, location, and density of plantings, that channels recreational users of the trail to the recreational area, and directs users away from potentially contaminated soil;
(B) Create areas of congregation, such as benches, rest areas, and scenic areas, that draw recreational users of the trail and encourage congregation away from potentially contaminated soil;
(C) Install signs informing users of upcoming congregation areas and advising users to remain on the path;
· (D) Stabilize the soil through plantings, grading, or other erosion control measures;
(E) Install guardrails, curbing, or fences in areas to encourage users to stay in the recreational areas; or
(F) Implement other design features that would minimize or eliminate contact with residual contamination in the soil.
2 Effective Date. This act shall take effect 60 days after its passage.
