Bill Text - HB391 (2009)

(2nd New Title) authorizing the department of transportation to convey a portion of interstate highways to the bureau of turnpikes, redefining the eastern New Hampshire turnpike, providing for the maintenance and funding of a portion of the eastern New Hampshire turnpike, increasing the aggregate amount of bonds the state may issue, and authorizing the department of transportation to install open road tolling.


Revision: June 25, 2009, midnight

HB 391 – VERSION ADOPTED BY BOTH BODIES

04Mar2009… 0300h

09Apr2009… 1137h

05/13/09 1554s

24Jun2009… 2265cofc

2009 SESSION

09-0836

06/04

HOUSE BILL 391

AN ACT authorizing the department of transportation to convey a portion of interstate highways to the bureau of turnpikes, redefining the eastern New Hampshire turnpike, providing for the maintenance and funding of a portion of the eastern New Hampshire turnpike, increasing the aggregate amount of bonds the state may issue, and authorizing the department of transportation to install open road tolling.

SPONSORS: Rep. Bouchard, Merr 11

COMMITTEE: Public Works and Highways

AMENDED ANALYSIS

This bill:

I. Authorizes the department of transportation to convey a portion of interstate highways to the bureau of turnpikes.

II. Defines certain highways.

III. Redefines the eastern New Hampshire turnpike.

IV. Provides for the maintenance and funding for a certain portion of the eastern New Hampshire turnpike.

V. Increases the aggregate amount of bonds the state may issue.

VI. Authorizes the department of transportation to install open road tolling.

This bill is a request of the department of transportation.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04Mar2009… 0300h

09Apr2009… 1137h

05/13/09 1554s

24Jun2009… 2265cofc

09-0836

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT authorizing the department of transportation to convey a portion of interstate highways to the bureau of turnpikes, redefining the eastern New Hampshire turnpike, providing for the maintenance and funding of a portion of the eastern New Hampshire turnpike, increasing the aggregate amount of bonds the state may issue, and authorizing the department of transportation to install open road tolling.

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

1 Acquisition; Authority Granted. The department of transportation acting by and on behalf of the state is hereby authorized to convey to the New Hampshire bureau of turnpikes, and the New Hampshire bureau of turnpikes is authorized to acquire from the state, a portion of I-95 in the city of Portsmouth for the sum of $120,000,000 and on such other terms and provisions as the commissioner of transportation and the New Hampshire bureau of turnpikes determine are reasonable or necessary to complete the acquisition.

2 Highway Definition. The portion of I-95 acquired is from the northerly expansion joint of the I-95 bridge over the Spaulding turnpike, US 4 and N.H. 16 (bridge No. 197/122) north to a point on the NH-ME boundary in the city of Portsmouth. This section of highway will become part of the eastern New Hampshire turnpike as currently defined in RSA 237:17 and Blue Star turnpike as defined in RSA 237:18.

3 New Paragraph; Turnpike System; Authority Granted. Amend RSA 237:2 by inserting after paragraph VIII the following new paragraph:

VIII-a. Acquire, expand, and make improvements to the eastern New Hampshire turnpike from the route 4 bridge northerly expansion joint north to a point on the New Hampshire-Maine boundary in the city of Portsmouth.

4 New Paragraph; Authority Granted. Amend RSA 237:2 by inserting after paragraph IX the following new paragraph:

X. Acquire, expand, and make improvements to the eastern New Hampshire turnpike from the northerly expansion joint of the I-95 bridge over the Spaulding Turnpike, U.S. 4 and N.H. 16 (bridge No. 197/122) north to point on the New Hampshire-Maine boundary in the city of Portsmouth, such improvements to include the installation of open road tolling for the toll on I-95 in the town of Hampton, NH.

5 New Section; Eastern New Hampshire Turnpike; Operation and Funding. Amend RSA 237 by inserting after section 2 the following new section:

237:2-a Operation and Funding.

I. The bureau of turnpikes shall operate and maintain the eastern New Hampshire turnpike from the northerly expansion joint of the I-95 bridge over the Spaulding Turnpike, U.S. 4 and N.H. 16 (bridge No. 197/122) north to point on the New Hampshire-Maine boundary in the city of Portsmouth, which shall become part of the eastern New Hampshire turnpike under RSA 237:17 and the Blue Star turnpike under RSA 237:18.

II. Acquisition and expansion of the eastern New Hampshire turnpike system for $120,000,000 plus interest shall be at the state borrowing rate to be paid over a maximum 20-year term to the highway fund from the New Hampshire turnpike system reserve account as follows: $30,000,000 in fiscal year 2010, $20,000,000 in fiscal year 2011, and the balance to be paid under terms and conditions to be determined by the commissioner of transportation and the state treasurer.

III. The high level bridge on I-95 over the Piscataqua River shall be eligible for federal funds and state highway funds. In the event of emergency repairs or repair to damage from a catastrophic event, the department of transportation, rather than the bureau of turnpikes, shall remain liable for such repairs to the high level bridge.

6 New Subparagraph; Further Authority. Amend RSA 237:5, II by inserting after subparagraph (n) the following new subparagraph:

(o) Install open road tolling for existing tolls on the main lines of the turnpike system.

7 Funds Provided. Amend RSA 237:7, I(a) to read as follows:

(a) Improvements to the Blue Star memorial highway.

RSA 237:2, I, IX. [55,800,000] 70,000,000

8 Funds Provided. Amend RSA 237:7, I(k) to read as follows:

(k) Toll collection equipment. RSA 237:2, VIII, IX. [39,000,000] 119,000,000

9 Funds Provided. Amend RSA 237:7, I(m) to read as follows:

(m) Construction of a second barrel from exits 12 to 16

on the Spaulding Turnpike with related interchange

improvements from exits 11 to 16. RSA 237:2, IX. [138,200,000] 160,000,000

10 New Subparagraphs; Funds Provided. Amend RSA 237:7, I by inserting after subparagraph (o) the following new subparagraphs:

(p) Acquire 1.6 mile section of I-95. 120,000,000

(q) Repair and improve bridge on Route 107 2,000,000 over 1-95 in Seabrook

(r) Construction of the Newington-Dover

Little Bay Bridge project. 275,000,000

(s) Construction of noise barriers along I-95 in Portsmouth. 1,000,000.

11 Eastern New Hampshire Turnpike; Authority Granted. Amend the introductory paragraph of RSA 237:17 to read as follows:

237:17 Authority Granted. The commissioner of transportation, with the approval of the governor and council, shall locate and construct a continuous highway from a point on the Massachusetts-New Hampshire boundary in the town of Seabrook to a point on the New Hampshire-Maine boundary in the city of Portsmouth, and from [said point] the Portsmouth traffic circle in the city of Portsmouth to a point in the vicinity of the [city of Rochester] town of Milton, and shall operate and maintain said highway as a toll road as hereinafter provided.

12 Highways Named. Amend RSA 237:18 to read as follows:

237:18 Highways Named. The portion of the toll road from the Massachusetts-New Hampshire boundary in the town of Seabrook [connecting with route 1 in Maine] to a point on the New Hampshire-Maine boundary in the city of Portsmouth shall be designated as the Blue Star memorial highway as provided in chapter 115, Laws of 1949, and shall be located on the road as now constructed. That part of the said toll road from [a point] the Portsmouth traffic circle in the city of Portsmouth to a point in the vicinity of the [city of Rochester] town of Milton, shall be designated and named Spaulding turnpike.

13 Issuance of Revenue Bonds. Amend RSA 237-A:2 to read as follows:

237-A:2 Issuance of Revenue Bonds. The state may issue bonds under this chapter to be known as “turnpike system revenue bonds.” The bonds may be issued from time to time for the purpose of financing the project costs of construction of any turnpike or of paying or refunding any bonds issued pursuant to RSA 237 or interest thereon. Any such bonds issued to pay or refund bonds issued pursuant to RSA 237 or interest thereon may be issued in sufficient amount to cover items described in RSA 237-A:7. Bonds issued hereunder shall be special obligations of the state and the principal of, premium, if any, and interest on all bonds shall be payable solely from the particular funds provided therefor under this chapter. The bonds shall be issued by the treasurer in such amounts as the governor and council shall determine, not exceeding in the aggregate [$586,050,000] $766,050,000. Bonds of each issue shall be dated, shall bear interest at such rate or rates, including rates variable from time to time as determined by such index, banker's loan rate or other method as may be determined by the treasurer, and shall mature at such time or times as may be determined by the treasurer, except that no bond shall mature more than 40 years from the date of its issue. Bonds may be made redeemable before maturity either at the option of the state or at the option of the holder, or on the occurrence of specified events, at such price or prices and under such terms and conditions as may be fixed by the treasurer prior to the issue of bonds. The treasurer shall determine the form and details of bonds. Subject to RSA 93-A, the bonds shall be signed by the treasurer and countersigned by the governor. The bonds may be sold in such manner, either at public or private sale, for such price, at such rate or rates of interest, or at such discount in lieu of interest, as the treasurer may determine.

14 Effective Date. This act shall take effect upon its passage.

LBAO

09-0836

Amended 03/31/09

HB 391 FISCAL NOTE

AN ACT authorizing the department of transportation to convey a portion of interstate highways to the bureau of turnpikes, redefining the eastern New Hampshire turnpike, increasing the aggregate amount of bonds the state may issue, and authorizing the department of transportation to install open road tolling

FISCAL IMPACT:

      The Department of Transportation states this bill, as amended by the House (Amendment #2009-0300h), will increase highway fund revenue and turnpike fund expenditures by $15,000,000 in FY 2010 and FY 2011 and by $7,500,000 in FY 2012 and FY 2013. This bill will have no fiscal impact on county and local revenues or expenditures.

METHODOLOGY:

      This bill authorizes the Department of Transportation to convey a portion of interstate highways to the Bureau of Turnpikes, redefining the Eastern New Hampshire Turnpike, increasing the aggregate amount of bonds the state may issue, and authorizing the Department of Transportation to install open road tolling. The Department of Transportation states the proposed legislation will increase highway fund revenues and turnpike fund expenditures by amounts associated with the sale of the section of I-95 to the Bureau of Turnpikes.

      This bill proposes that the Turnpike System purchase 1.6 miles of I-95 completing the turnpike coverage over all of I-95 in New Hampshire from the Massachusetts state line to the Maine state line. The value of this segment of I-95 has been established at $120,000,000. The Department assumes that payment to the Highway fund for the conveyance of the segment of I-95 will be made by the Turnpike System from Turnpike System retained earnings at a rate of 4.8%. The Department also assumes that the payments made for FY 2010 and FY 2011 will be $15,000,000 per year and that subsequently, payments of $7,500,000 would be made in FY 2012 and each year thereafter.

    The Department states the aggregate increase in bonding authority of $180,000,000 from $586,050,000 to $766,050,000 will cover the costs associated with the installation of open road tolling on the Turnpike’s main lines in Hampton, Hooksett, and Bedford and the costs associated with the completion of the Newington/Dover NH-16 widening, including the Little Bay Bridges. The Department estimates the costs associated with the installation of open road tolling to be $80,000,000 and the costs associated with the completion of the Newington/Dover NH-16 widening to be $100,000,000.

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