Bill Text: NH SB188 | 2013 | Regular Session | Amended
Bill Title: Relative to municipally-owned utilities.
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Passed) 2013-07-25 - Signed by the Governor on 07/24/2013; Chapter 0274; Effective 07/24/2013 [SB188 Detail]
Download: New_Hampshire-2013-SB188-Amended.html
SB 188-FN – AS AMENDED BY THE HOUSE
8May2013… 1252h
2013 SESSION
06/04
SENATE BILL 188-FN
AN ACT relative to municipally-owned utilities.
SPONSORS: Sen. Gilmour, Dist 12; Sen. Rausch, Dist 19; Sen. Carson, Dist 14; Sen. Boutin, Dist 16; Sen. Lasky, Dist 13; Sen. Soucy, Dist 18; Rep. Rhodes, Hills 30; Rep. Campbell, Hills 33; Rep. M. O'Brien, Hills 36; Rep. Chandley, Hills 22; Rep. Graham, Hills 7
COMMITTEE: Energy and Natural Resources
This bill defines “municipally-owned utility” for purposes of relocating underground utilities facilities as necessitated by certain highway projects.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8May2013… 1252h
13-0982
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to municipally-owned utilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Transportation; Cost of Retrenching for Relocation of Underground Facilities. Amend RSA 228:22 to read as follows:
228:22 Cost of Trenching for Relocation of Underground Utilities. When the commissioner shall determine that a highway reconstruction, relocation, or maintenance project financed in whole or in part by state funds and conducted under department of transportation supervision or control necessitates the relocation of any municipally-owned subterranean utilities facilities, any trenching and backfilling required for such relocation shall be part of the cost of such reconstruction, relocation, or maintenance and shall be provided by the governmental agency which is carrying out such highway work at no cost to the municipally-owned utility, and the governmental agency shall pay the municipality for the book value (original cost less allowable depreciation) at the time the municipally-owned subterranean facility is retired. Provided, however, that if a public utility other than a municipally-owned utility makes use of a relocation trench provided for in this section, said utility shall pay the governmental agency carrying out such work its proportionate share of the cost of such trenching and backfilling. For purposes of this section, the term “municipally-owned utility” means any utility that is owned in its entirety, directly or indirectly, by a municipality or by a department, instrumentality, company, or corporation that is owned in its entirety, directly or indirectly, by a municipality. For purposes of this section, the term “municipally-owned subterranean facility” means any subterranean facility that is owned, directly or indirectly, by a municipality or by a department, instrumentality, company, or corporation that is owned, directly or indirectly, by a municipality.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
13-0982
Amended 05/15/13
SB 188 FISCAL NOTE
AN ACT relative to municipally-owned utilities.
FISCAL IMPACT:
The Department of Transportation states this bill, as amended by the House (Amendment #2013-1252h), will have an indeterminable impact on state restricted expenditures in FY 2013 and each fiscal year thereafter. There will be no fiscal impact on state, county, and local revenues, or county and local expenditures.
METHODOLOGY:
The Department of Transportation states this bill clarifies the meaning of the phrases “municipally-owned utility” and “municipally-owned subterranean facility” as they apply to the determination of who is responsible for the cost of retrenching for the relocation of underground facilities when it is determined by the Department such relocation is necessary for a highway reconstruction, relocation, or maintenance project financed in whole or in part by the Department. The Department states to the extent the clarified language in the proposed legislation effects the number of highway reconstruction, relocation, or maintenance projects where the costs associated with the retrenching for the relocation of municipally-owned subterranean facilities is the responsibility of the Department, state restricted expenditures will be impacted. The Department is unable to estimate to what extent state highway fund or turnpike fund expenditures will be impacted by this bill in FY 2013 and each fiscal year thereafter.
