Title XX, Transportation

The commissioner shall have the power to establish, operate, maintain, and improve park and ride facilities that are part of the state highway system and to ascertain what further facilities, improvements, or parking fees may be necessary for the efficient operation of the park a…

I. Park and ride facilities are intended for the short-term use of motorists using carpools, vanpools, public transportation, or intermodal transportation. II. The commissioner may control and manage park and ride facilities to ensure that the intended uses have priority over any…

I. No person shall park or otherwise leave any vehicle, trailer, equipment, or other device at a park and ride facility in violation of any official sign regulating parking at the facility. II. The commissioner may remove, tow, impound, and dispose of, or arrange for or order the…

The commissioner may enter into agreements with federal, state, or local agencies or other entities to assist with the planning, construction, maintenance, and management of park and ride facilities.

There is established a public-private partnership transportation infrastructure oversight commission to consider and recommend to the commissioner of transportation projects that may be suitable for delivery using design-build-finance-operate-maintain or design-build-operate-main…

I. The commission established in RSA 228:107 shall have the following members: 2 members who shall reside in different geographic regions of the state, to be appointed by the governor for terms of 2 years; 2 members to be appointed by the president of the senate for terms of 2 ye…

I. The commission shall: (a) Establish a general framework for public-private partnership contracts that establishes a process for the submission and evaluation of all such projects and provides a format and forms to enable the bidder to comply with the requirements including ter…

I. At the close of each fiscal year, the following shall be transferred to the highway surplus account: (a) All revenues in excess of budget estimates which are derived from registration fees, drivers' licenses, gasoline road tolls or any other special charges or taxes with respe…

Whenever the department notifies the commission that it is contemplating the use of a public-private partnership contract for design-build-finance-operate-maintain or design-build-operate-maintain services, the department shall submit a written request to the commission for its c…

The commission shall issue the following reports: I. Within 6 months of the first meeting of the commission a copy of the framework establishing the process for the submission and evaluation of public-private partnership projects shall be provided to the chairpersons of the publi…

I. For each request to establish a public-private partnership contract for design-build-finance-operate-maintain or design-build-operate-maintain services, the commission shall report on issues surrounding the project including, but not limited to: (a) The impact on current state…

When a project involves one or more other states, the commissioner may receive and accept capital contributions and funding from such other states and may approve the transfer of support personnel and experts.

I. Any public-private partnership projects utilizing federal or state funding shall be approved as part of the state 10-year transportation improvement program in accordance with RSA 240. II. All proceeds or revenues to the state derived from public-private partnerships and inten…

Any contract for public-private design-build-finance-operate-maintain or design-build-operate-maintain services shall provide for securing and maintaining a liability insurance policy for contractors and engineers in the design phase of a project which shall be limited to 10 perc…

If abandonment of any state highway is considered because of sea-level rise, storm surge, and extreme precipitation events, or in anticipation of such events as projected by the Coastal Risk and Hazards Commission final report, "Preparing New Hampshire for Projected Storm Surge, …

If the expenditure of additional funds over budget estimates is necessary for the proper functioning of the department of transportation, the department may request, with prior approval of the legislative fiscal committee, that the governor and council authorize the transfer of f…

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 vehicles on such highways and roads, and the completion of the project development phase of the project named Nash…

Records shall be maintained in the department which will be sufficient to provide statements of revenue and expenditures for each of the following toll roads, the Blue Star memorial highway, the so-called Spaulding turnpike and the Central New Hampshire turnpike.

The department of transportation is hereby authorized to encumber a total amount not to exceed one year of the regular federal aid highway appropriations. This authorization shall be a continuing authorization and shall be utilized to encumber contracts under the direction of the…

The department shall maintain the records of the projects involved under this authorization in the regular federal aid appropriation account already established.

The commissioner shall be provided with suitable quarters for his office and that of the department and may employ such expert, clerical and other assistance as he may deem necessary to carry out the duties incumbent upon his office, subject to the regulations of the state employ…

I. The commissioner shall exercise general supervision, control and direction, on behalf of the state, over all matters pertaining to the location, route, alteration, construction, reconstruction, maintenance and discontinuance of highways constructed or maintained wholly or in p…

I. The general court finds that the recruitment and retention of employees within the department of transportation is necessary to maintain a strong and vital workforce for transportation safety services, especially winter maintenance. The intent of this section is to authorize t…

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 subterr…

The commissioner may conduct traffic survey interviews, truck weight surveys and such other statistical studies as he deems necessary on class I, II, III, IV and V highways for the department's use in the planning and development of the state-wide highway system.

The commissioner of transportation may purchase, through the department of administrative services, division of procurement and support services, such operating materials and supplies as may be necessary for the operation of the department. Materials or supplies requisitioned the…

I. The commissioner of transportation may purchase, through the department of administrative services, division of procurement and support services, such amounts of motor fuels as may be necessary for the operation of an automated state fleet fuel distribution and records managem…

I. The commissioner of transportation, through the department of administrative services, division of procurement and support services, may purchase such equipment as is necessary for the operation of the department's motor vehicle fleet and construction equipment fleet. II. The …

The commissioner of transportation is directed to prepare an equipment acquisition plan each biennium and present such plan with his budget requirements submitted in accordance with RSA 9:4.

There is hereby established an electronic toll collection transponder inventory fund not to exceed $1,000,000, which sum is hereby authorized as a revolving fund comprised of funds in the turnpike fund that are not otherwise appropriated. The commissioner of transportation may pu…

I. There is hereby established an inventory fund in the department of safety consisting of the initial appropriation of $1,000,000 which sum is hereby authorized as a revolving fund comprised of funds in the highway fund that are not otherwise appropriated and into which shall be…

If the moneys in the highway fund are not sufficient to provide the funds authorized by RSA 228:25, the treasurer is authorized to borrow on the state's credit at the lowest rate of interest obtainable, such sums as may be necessary to provide said funds; provided, that at no tim…

With the approval of the governor and council the commissioner may use the funds accruing to the department for construction and reconstruction and maintenance of class I highways and bridges thereon, for aid in construction and reconstruction of class II highways and bridges the…

The commissioner may purchase, take and hold for the state such material or land as may be necessary to secure gravel, stone or other material necessary for the improvement of said highways.

With the approval of the governor and council, the commissioner may use the funds accruing to his or her department for the payment of small claims occasioned by accidents due to the activities of his or her department. No such claim shall be paid to any one person in an amount o…

If the commissioner is unable to purchase such material or land at what he considers a reasonable compensation he shall request the governor and council to appoint a commission to assess the damages sustained by the owner, and thereupon proceedings shall be had in the same manner…

The commissioner may acquire, by agreement with the owner, lands and property or any interest therein for highway purposes in the name of the state at what he considers a reasonable compensation, and, with approval of the governor and council, may sell, convey, or lease, in the n…

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 …

I. For purposes of this section: (a) "Professional real estate services" means those professional services of licensed real estate professionals, as well as incidental services that members of the profession and those in their employ may logically and justifiably perform. These s…

For projects exceeding $5,000,000, the department of transportation shall include in its engineering and design how to mitigate effects on entry, access, or parking.

The commissioner of transportation may sell to other departments and institutions of the state and to subdivisions of the state, materials and supplies purchased for use by the department in connection with their normal operations. He is authorized to assess a fair and equitable …

The commissioner and his agents may enter private lands to make surveys and establish boundaries of highways.

When there is a complaint that privately owned water supplies have been destroyed or rendered unfit for use as water supplies because of construction or maintenance operations on the state highway systems, the commissioner shall investigate and determine the extent, if any, of st…

Whenever in the opinion of the commissioner the boundary lines, limits, or location of any class I or class II highway, or any part thereof, shall have become lost, uncertain, or doubtful, he may reestablish the same as, in his opinion, they were originally established. He shall …

Whenever the commissioner shall alter or relocate any portion of any class I or class II highway and finds that there is further occasion to use such portion for highway purposes, he may reassign such portion to another classification; and upon reassignment of any such portion to…

The commissioner may close, regulate or restrict traffic over any section of any class I, class II or class III highway or bridge thereon when the public welfare or necessity so requires, or in order to perform work on any such highway or bridge by posting notices at each end of …