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RSA 228:1 · Definitions
228:1 Definitions. – In this chapter:
Copy link"Commissioner" means the commissioner of transportation. I-a. "Construction management" means a method of contracting where the state engages the services of a contractor to work with an architect or engineer. The contractor assumes risk for construction and is required to provide design phase consultation, including the evaluation of costs, schedules, implication of alternative designs, systems, and materials.
Copy link"Contract construction" means all construction performed in whole or in part by an independent contractor.
Copy link"Cost-plus contract" means one under which the payment for the work is the actual cost, plus either a fixed fee or a percentage of the cost as profit.
Copy link"Department" means the department of transportation. IV-a. "Design build" means a method of contracting where the state engages the professional services of a single entity designer/builder who is responsible for the provision of the design and construction of a project. The designer/builder can be either a single firm or a team of architect, engineer, and builder. The designer/builder contracts directly with all subcontractors and is responsible for the delivery of the completed project.
Copy link"Force account basis" means use of a work force directly on the state payroll, rather than an independent contractor.
Copy link"Registered architect or professional engineer" means a person licensed in the state as an architect or engineer.
Copy link"Project" means any construction, reconstruction, alteration, or maintenance of any highway, bridge, building, plant, fixture, facility or other item directly related to transportation. The term shall not include construction, reconstruction, alteration, or maintenance of buildings, plants, fixtures, or facilities formerly administered through the department of transportation, division of public works, or matters managed by the department of administrative services, division of public works design and construction.
Copy link"Toll credits" means credits generated by previous state-funded construction, maintenance, or improvement of highways, bridges, or tunnels that may be used as a match for federal highway funds. Source. 1950, 5:1, part 9:1, par. 1. RSA 228:1. 1981, 87:1; 558:1. 1985, 402:6, I(a)(1), (b)(1). 2005, 55:1, 2, eff. May 23, 2005; 291:16, 27, II, eff. July 25, 2005. 2012, 73:1, eff. July 22, 2012. 2017, 156:119, eff. July 1, 2017.
Copy linkSource note
Source. 1950, 5:1, part 9:1, par. 1. RSA 228:1. 1981, 87:1; 558:1. 1985, 402:6, I(a)(1), (b)(1). 2005, 55:1, 2, eff. May 23, 2005; 291:16, 27, II, eff. July 25, 2005. 2012, 73:1, eff. July 22, 2012. 2017, 156:119, eff. July 1, 2017.
Source history
- 1950, 5:1, part 9:1, par. 1. RSA 228:1
- 1981, 87:1; 558:1
- 1985, 402:6, I(a)(1), (b)(1)
- 2005, 55:1, 2, eff. May 23, 2005; 291:16, 27, II, eff. July 25, 2005
- 2012, 73:1, eff. July 22, 2012
- 2017, 156:119, eff. July 1, 2017
Related materials
Bill relationships
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2026 HB100
amend
n, or management of passenger rail projects, including the project named Nashua-Manchester-Concord, project number 40818, in the 2019-2028 Ten Year Transportation Improvement Plan. 2 Use of Toll Credits. Amend RSA 228:12-a to read as follows: 228:12-a Use of Toll Credits. The department may use toll credits as a match for federal highway funds solely for the funding of highway and road projects, projects concerning the travel of
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2026 HB100-FN
amend
l projects, including the project named Nashua-Manchester-Concord, project number 40818, in the 2019-2028 Ten Year Transportation Improvement Plan. 2 Use of Toll Credits. Amend RSA 228:12-a to read as follows: 228:12-a Use of Toll Credits. The department may use toll credits as a match for federal highway funds solely for the funding of highway and road projects, projects concerning the travel of motor
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2026 SB152
amend · effective 2025-07-01
onstruction Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (399) the following new subparagraph: (400) Moneys in the noise barrier construction fund, established in RSA 228:12-b. 3 Effective Date. This act shall take effect July 1, 2025. LBA 25-1107 Revised 2/3/25 SB 152-FN- FISCAL NOTE AS INTRODUCED AN ACT authorizing the sale of toll credits to fund a newly established noise
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2026 SB152
amend · effective 2025-07-01
tion of noise barrier projects. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Noise Barrier Construction Fund. Amend RSA 228 by inserting after section 228:12-a the following new section: 228:12-b Noise Barrier Construction Fund. I. Provided there are sufficient turnpike toll credits for the state match for the federal apportionment total
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2026 SB152-FN
amend
tion of noise barrier projects. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Noise Barrier Construction Fund. Amend RSA 228 by inserting after section 228:12-a the following new section: 228:12-b Noise Barrier Construction Fund. I. Provided there are sufficient turnpike toll credits for the state match for the federal apportionment total
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2026 SB152-FN
amend
onstruction Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (399) the following new subparagraph: (400) Moneys in the noise barrier construction fund, established in RSA 228:12-b. 3 Effective Date. This act shall take effect July 1, 2025. LBA 25-1107 Revised 2/3/25 SB 152-FN- FISCAL NOTE AS INTRODUCED AN ACT authorizing the sale of toll credits to fund a newly established noise
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2026 SB155
amend
way toll credits. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Administration of Transportation Laws; Use of Toll Credits. Amend RSA 228:12-a to read as follows: 228:12-a Use of Toll Credits. The department may use toll credits as a match for federal highway funds solely for the funding of highway and road projects, projects concerning the travel of motor ve
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2026 SB155-FN
amend
way toll credits. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Administration of Transportation Laws; Use of Toll Credits. Amend RSA 228:12-a to read as follows: 228:12-a Use of Toll Credits. The department may use toll credits as a match for federal highway funds solely for the funding of highway and road projects, projects concerning the travel of motor ve
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2026 SB458
amend
of toll credits. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Administration of Transportation Laws; Use of Toll Credits. Amend RSA 228:12-a to read as follows: 228:12-a Use of Toll Credits. The department may use toll credits as a match for federal highway funds solely for the funding of highway and road projects, projects concerning the travel of motor ve
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2026 SB458-FN
amend
of toll credits. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Administration of Transportation Laws; Use of Toll Credits. Amend RSA 228:12-a to read as follows: 228:12-a Use of Toll Credits. The department may use toll credits as a match for federal highway funds solely for the funding of highway and road projects, projects concerning the travel of motor ve
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2026 SB631
amend · effective 2026-07-01
struction Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (410) the following new subparagraph: (411) Moneys in the noise barrier construction fund, established in RSA 228:12-b. 3 Effective Date. This act shall take effect July 1, 2026. LBA 26-2221 02/24/2026 SB 631-FN- FISCAL NOTE AS AMENDED BY THE SENATE (AMENDMENT #2026-0487s) AN ACT authorizing the sale of toll credits to
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2026 SB631
amend · effective 2026-07-01
tion of noise barrier projects. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Noise Barrier Construction Fund. Amend RSA 228 by inserting after section 228:12-a the following new section: 228:12-b Noise Barrier Construction Fund. I. Provided there are sufficient turnpike toll credits for the state match for the federal apportionment t
Opinions and discipline decisions mentioning this RSA
- 2017-0548, Conduent State & Local Solutions, Inc. v. New Hampshire Department of Transportation & a. Supreme Court opinion · October 16, 2018