HB567: relative to telecommunications infrastructure in state-owned rights-of-way.

HB 567-FN-LOCAL - AS INTRODUCED

2003 SESSION

03-0384

06/10

HOUSE BILL 567-FN-LOCAL

AN ACT relative to telecommunications infrastructure in state-owned rights-of-way.

SPONSORS: Rep. Thomas, Belk 31

COMMITTEE: Public Works and Highways

ANALYSIS

This bill adds commercial mobile radio service devices, cellular telephone towers, personal wireless service facilities, internet service provider infrastructure, and emergency service devices to the telecommunications-related uses allowed in state highway rights-of-way.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0384

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to telecommunications infrastructure in state-owned rights-of-way.

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

1 Agreements for Telecommunications-Related Uses of the State Highway System and State-Owned Railroad Rights-of-Way; Other Telecommunications Services Added. Amend RSA 228:31-a to read as follows:

228:31-a Agreements for Telecommunications-Related Uses of the State Highway System and State-Owned Railroad Rights-of-Way. The commissioner may, with the approval of the governor and council, execute contracts, leases, licenses, and other agreements relating to the use or occupation of state-owned rights-of-way, whether easement or fee-owned, for purposes of allowing the installation and maintenance of all telecommunications infrastructure including but not limited to commercial mobile radio service devices, cellular telephone towers, personal wireless service facilities, internet service provider infrastructure, and emergency service devices. Such agreements, which shall be for commercially reasonable value, shall not extend for a period of more than 10 years. Any leases executed pursuant to this section shall be subject to the requirements of RSA 72:23 with regard to properly assessed real estate taxes and subject to local zoning and planning requirements. Said devices shall take into consideration the scenic beauty of the landscape. There shall be no advertising signs on these devices. The provisions of RSA 4:40 shall not apply to this section.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

03-0384

1/24/03

HB 567-FN-LOCAL - FISCAL NOTE

AN ACT relative to telecommunications infrastructure in state-owned right-of-way.

FISCAL IMPACT:

The Department of Transportation stated this bill will increase state and local revenue and state expenditures by an indeterminable amount in FY 2003 and each year thereafter. There will be no fiscal impact on county revenue or county and local expenditures.

METHODOLOGY:

The Department assumed there will be an increase in state revenue due to leasing sites, however, they are unable to determine the number or term of leases, the location or value of the sites, or type of utilities and facilities required. The Department assumed the state would incur costs for engineering review and supervision that would vary by site based on location and use. The Department stated local revenue would increase through property taxes by an indeterminable amount.