RSA 12-G:2 · Definitions

12-G:2 Definitions. – In this chapter:

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I.

"Airport district" means:

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(a)

The property conveyed, granted, or otherwise transferred to the authority by the federal government or any agency thereof pursuant to section 13(g) of the Surplus Property Act of 1944, as amended, or such other provision of federal law authorizing transfer of federal surplus property for airport purposes. Property conveyed, granted, or otherwise transferred to the authority in this manner shall automatically become part of the airport district, but may be removed from the airport district by the authority in accordance with the procedures prescribed in RSA 12-G:13, II, after the contraction of the airport district has been approved by the governing body of the municipality in which the land sought to be taken from the airport district is located; or

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(b)

Property conveyed, granted, or otherwise transferred to the authority by the federal government or any agency thereof, or otherwise acquired by the authority, and declared or designated by the authority as the "airport district" in accordance with the procedures prescribed in RSA 12-G:13, II, after the expansion of the district has been approved by the governing body of the municipality in which the land sought to be added to or taken from the airport district is located. Such property may be subsequently removed from the airport district by the authority in accordance with the procedures prescribed in RSA 12-G:13, II, after the contraction of the airport district has been approved by the governing body of the municipality in which the land sought to be taken from the airport district is located.

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II.

"Airport project" means the development, construction, reconstruction, maintenance, or operation of any property of the authority or of any airport by the authority, including all real property and tangible and intangible personal property, structures, machinery, equipment, and appurtenances or facilities which are part of such airport or used or useful in connection therewith either as ground facilities for the convenience of handling aviation equipment, passengers, and freight or as part of aviation operation, air navigation, and air safety operation, and excluding any division project.

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III.

"Airport property" means all real property and tangible and intangible personal property, rights, and facilities of the authority excluding division property.

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IV.

"Appointing authorities" means the governor and executive council, the president of the senate, the speaker of the house of representatives, the mayor and city council of the city of Portsmouth, and the board of selectmen of the town of Newington. IV-a. "Associated facilities" means all property owned or operated by the authority in the vicinity of a state-owned commercial pier, including, but not limited to, roadways, access ways, parking lots, buildings and other structures, boat ramps, equipment, and utilities.

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V.

"Authority" means the Pease development authority.

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VI.

"Board" means the board of directors of the authority.

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VII.

"Bond" means any bond, note, or other evidence of indebtedness issued under this chapter. VII-a. "Business-use pier" means:

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(a)

The fixed piers, wharves, docks, and attached floats in Hampton Harbor located southeast of the year-round concrete floats of the Hampton Harbor recreational-use pier;

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(b)

All fixed piers and attached floats located on Pierce Island in Portsmouth owned by the authority; and

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(c)

The fixed piers, wharves, docks, and attached floats south of the state administration building in Rye Harbor.

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VIII.

"Commission" means Pease Air Force Base redevelopment commission established pursuant to 1989, 3:2.

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IX.

"Director" means a member of the board.

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X.

"Division" means the Pease development authority, division of ports and harbors.

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XI.

"Division director" means the director of the division of ports and harbors.

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XII.

"Division project" means the development, construction, reconstruction, maintenance, or operation of any property of the authority related to the ports and state tidal waters under the jurisdiction of the authority, including dredging activities authorized under RSA 12-G:45 and including all real property and tangible and intangible personal property, structures, machinery, equipment, and appurtenances or facilities used or useful in connection therewith and listed on the inventory of division projects maintained pursuant to RSA 12-G:43, I(e).

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XIII.

"Division property" means all real property and tangible and intangible personal property, rights, and facilities of the authority related to ports and state tidal waters administered or operated by the authority through the division and listed on the inventory of division property maintained pursuant to RSA 12-G:43, I(e).

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XIV.

"Division revenues" means any appropriations received by the division and any rents, profits, fees, charges, receipts, and other income derived or to be derived by the authority from the purchase, sale, leasing, development, or operation of division property or projects and the operation of related facilities located thereon.

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XV.

"Excess revenues" means those revenues other than division revenues in excess of the funds identified in the audit performed pursuant to RSA 12-G:29 required (a) to pay the costs of operating, maintaining, and repairing all property and projects of the authority except division property and division projects, (b) to pay the costs of administering and operating the authority, including, but not limited to, all wages, salaries, benefits, and other expenses authorized by the board or the executive director except those costs of administering and operating the division, (c) to pay the principal of, and premium, if any, and the interest on the outstanding bonds of the authority, including bonds relating to Skyhaven airport, except any bonds issued in relation to any division property or project, as the same become due and payable, (d) to create and maintain reserves established pursuant to RSA 12-G:18 or required or provided for in any resolution authorizing, or any security document securing, such bonds of the authority, (e) to create and maintain a capital improvement fund for airport property and airport projects to be established by the board in an amount not more than $10,000,000, and (f) to pay all taxes owed by the authority related to its ownership or operation of airport property or airport projects. Excess revenue shall not include any revenues generated from property transferred or conveyed to the authority pursuant to section 13(g) of the Surplus Property Act of 1944, 50 U.S.C. app. section 1622(g), as amended, within the airport district, unless the board and the Federal Aviation Administration deem, in compliance with applicable federal law, including but not limited to 49 U.S.C. app. section 2210(a)(12), such revenues to be excess revenues within the meaning of this chapter.

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XVI.

"Land use controls" means all municipal ordinances and requirements or rules of the authority regulating the use, development, and improvement of property, including, but not limited to, zoning ordinances, subdivision regulations, site plan review regulations, and building, electric, plumbing, and fire codes.

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XVII.

"Pease Air Force Base" means all land, easements, buildings, structures, and appurtenances owned or controlled by the United States Department of Defense on January 1, 1990, in the towns of Newington and Greenland, or the city of Portsmouth.

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XVIII.

"Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state (including the state of New Hampshire), municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

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XIX.

"Port authority" means the New Hampshire state port authority established pursuant to 1957, 262:1. XIX-a. "Recreational-use pier" means:

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(a)

The fixed pier and attached floats located north of the state administration building at Rye Harbor; and

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(b)

The fixed pier and attached year-round concrete floats located northwest of the business-use pier at Hampton Harbor.

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XX.

"Resolution" means:

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(a)

The statements of intent adopted by formal vote of the commission on the dates set forth below and related to the following:

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(1)

The New Hampshire Air National Guard on August 1, 1989.

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(2)

The Pease Air Force Base trash-to-energy plant on August 15, 1989.

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(3)

The proposed wildlife refuge at Pease Air Force Base on August 29, 1989.

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(4)

Asbestos in housing at Pease Air Force Base on October 10, 1989.

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(5)

The provision of health care for military retirees on October 24, 1989.

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(b)

Any other statement of intent designating a resolution and adopted by the commission since March 20, 1989.

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XXI.

"Revenues" means the gifts, contributions, and appropriations from any source and the rents, profits, fees, charges, receipts, and other income derived or to be derived by the authority from the purchase, sale, leasing, or development of Pease Air Force Base and the operation of related facilities located thereon and all right to receive the same, including investment earnings and the proceeds of any borrowing hereunder or of any sale or disposition or insurance of any assets of the authority, excluding division revenues.

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XXII.

"Security document" means any trust agreement, security agreement, or resolution authorizing the issuance of or securing bonds. XXII-a. "Slip" means a volume of water at least 25 feet long, 8 feet wide, and 3 feet deep as measured at normal high tide and located adjacent to a structure such as a dock, wharf, or pier to which a vessel may be secured.

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XXIII.

"State" means the state of New Hampshire. XXIII-a. "State-owned commercial pier" means any business-use or recreational-use pier owned by the state and located at Portsmouth, Rye Harbor, or Hampton Harbor. XXIII-b. "State tidal waters" means any harbor or other tidal waters within the state.

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XXIV.

"Surplus Property Act" and all references to section 13(g) of the Surplus Property Act of 1944, as amended, mean any provision of federal law authorizing transfer of federal surplus property for airport purposes, including 49 U.S.C. section 47151(a); 50 U.S.C. app. Section 1622(g), as amended, to the extent applicable prior to the enactment of 49 U.S.C. Section 47151(a); and any other provision of federal law that may be subsequently enacted that authorizes the transfer of federal surplus property for airport purposes. XXIV-a. "Tidal waters" means any waters, including rivers, that rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be measured in a predictable rhythm due to masking by hydrologic, wind, or other effects.

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XXV.

"Vessel" means boats of all sizes propelled by sail, machinery, or hand, scows, dredgers, shellfish cars, barges, seaplanes, personal water craft, and craft of every kind, including but not limited to non-displacement craft, used or capable of being used as a means of transportation or storage on water. Source. 2001, 290:6. 2003, 242:2-6. 2005, 269:1-4. 2009, 113:3, eff. June 26, 2009. 2018, 204:7, eff. July 1, 2018.

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