A group representing New Hampshire truckers filed suit against the state yesterday.
The suit claims the state violated the New Hampshire constitution by spending designated highway funds on a commuter rail project.
NHPR's David Darman has more.
The New Hampshire Motor Transport Association filed the suit in Merrimack Superior Court in Concord.
Association president Bob Scully says the state has spent more than a million dollars of highway funds on the Nashua rail project.
It doesn't matter that it represents less than one half percent of the total D-O-T budget.
Scully says spending highway money on a rail project is a clear violation of the state constitution.
02 27 our issue is article 6a of the constitution prohibits the use of that highway fund money for that purpose. It should be used for construction, reconstruction and maintenance on the highways. 02 39
NH Transportation officials say they?re not surprised by the lawsuit.
In fact, Commissioner Carol Murray has already outlined her case if and when the suit goes to court.
21 31 our likely response is going to be that the passenger rail service to Nashua would in fact be mitigation for significant highway projects that have already been done and are being contemplated. 21 45
I mean the fe Everett expansion, 93, to a certain extent, the airport access road. 21 52
D-O-T can use highway funds to compensate for any environmental damage caused by roads.
The Department is arguing a rail system is just another form of compensation.
But the truckers backing the suit say the state should pay for rail with other funds.
Roadbuilders agree.
They say they want the state to spend highway money on nothing but highways.
Gary Abbott of the Associated General Contractors of New Hampshire.
11 13 There?s only so much money collected for the highway trust fund. And with that, you can only do so much on any transportation effort, whether its fixing roads, repairing the bridges. If you start to utilize that money for rail and other purposes, it appears that the constitututional amendment does not allow, then you will be doing less road construction?.
Proponents of a more diverse transportation system say the trucking industry?s view of highway funding is too narrow.
Peter Griffin, president of New Hampshire Railroad Revitalization Association, says the state needs to look beyond highways, to a more diverse transportation system.
15 19 roads being balanced by rail being balanced by other intermodal components. Recreational opportunities, bicycle opportunities, things that would enhance the quality of life in nh, and the opportunities for economic development. 15 36
The court may rule against D-O-T?s using highway funds for rail.
But Commissionor Carol Murray says she is not worried about the court?s decision.
21 106 ?what ever way they go, they?re going to give us a black and white decision about whether we can use gas tax dollars to invest in commuter railroad or not. 21 124
If the court does rule against D-O-T, Murray plans to go to the state legislature for funds.
But Governor Elect Craig Benson is already calling for budget cuts.
Funding for a commuter rail system will probably be a tough sell.
