HB 1504 – FINAL VERSION
HOUSE BILL 1504
This bill reinstates the Maine-New Hampshire Interstate Bridge Authority.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT reinstating the Maine-New Hampshire Interstate Bridge Authority.
Be it Enacted by the Senate and House of Representatives in General Court convened:
37:1 New Sections; Department of Transportation; Interstate Bridge Authority. Amend RSA 234 by inserting after section 66 the following new sections:
234:67 Statement of Purpose.
Whereas, the state of New Hampshire and the state of Maine jointly own the Sarah Mildred Long Bridge, the Memorial Bridge and the I-95 High Level Bridge (Piscataqua River Bridge) over the Piscataqua river between the city of Portsmouth in New Hampshire and the town of Kittery in Maine; and
Whereas, the state of New Hampshire and the state of Maine passed legislation to form an Interstate Compact and the Interstate Bridge Authority in 1936, as amended in 1981 and 1985; and
Whereas, the state of New Hampshire and the state of Maine decided to repeal the legislation establishing the Interstate Bridge Authority; and
Whereas, New Hampshire submitted legislation specifying that the Interstate Bridge Authority would be dissolved 6 months after approval of Congress (2008, 3:2); and
Whereas, New Hampshire did not seek or receive Congressional approval and the Interstate Bridge Authority was not effectively dissolved; and
Whereas, due to required maintenance, repairs, rehabilitation, and/or replacement of the Sarah Mildred Long Bridge, the Memorial Bridge, and the I-95 High Level Bridge, which are jointly owned by New Hampshire and Maine, both states seek to continue the Interstate Bridge Authority in order to obtain and properly administer funds for the benefit of these jointly owned bridges; and
Whereas, New Hampshire and Maine intend to re-establish the Interstate Bridge Authority, as previously authorized in 1936, and amended in 1981 and 1985, with updated and amended authority.
234:68 Scope of Authority Relative to Sarah Mildred Long Bridge, I-95 High Level Bridge, and Memorial Bridge.
I. The Authority's role is amended from operation of the Sarah Mildred Long Bridge to administration of funds for the Sarah Mildred Long Bridge and the I-95 High Level Bridge.
II. The Authority is further authorized to pursue sustainable funding sources and properly administer and invest funds in a sinking fund for the construction, reconstruction, and rehabilitation of the Sarah Mildred Long Bridge and the I-95 High Level Bridge (Piscataqua River Bridge), such construction, reconstruction, and rehabilitation to be agreed upon by the states of New Hampshire and Maine. The Authority shall serve as a financial vehicle to hold, invest, and distribute the sinking fund. Funds received for the benefit of the Sarah Mildred Long Bridge or the I-95 High Level Bridge shall be deposited with the Authority and invested in a separate sinking fund, said funds to be continuously appropriated and nonlapsing, and shall be expended by the Authority for the construction, reconstruction, and rehabilitation of the main spans of the Sarah Mildred Long Bridge and the I-95 High Level Bridge. In the event that sufficient funds are available, the Authority is authorized to use the funds for improvements to the bridge approach spans to the main spans of the 2 bridges.
III. The responsibilities of the Authority are further expanded to include the Memorial Bridge and the Authority shall facilitate cooperative solutions between the 2 states and coordinate the efforts of the respective states’ transportation agencies in the repair, rehabilitation, reconstruction, or replacement of the Memorial Bridge.
IV. The Authority shall make a biennial report to the legislatures of both states, setting forth the operations, transactions, and investments conducted by the Authority regarding the Sarah Mildred Long, I-95 High Level, and Memorial bridges.
V. This section is effective contingent upon the state of Maine passing similar legislation to re-establish the Authority as a joint effort between the 2 states.
VI. The re-establishment of the Authority and subsequent amendments do not impinge upon federal powers, and, therefore, Congressional approval is not required for this section.
234:69 Tolling Prohibited. The Authority shall not collect any tolls on the Sarah Mildred Long Bridge, the Memorial Bridge, or the I-95 High Level Bridge after the effective date of this act without the express authorization of the legislature.
37:2 Repeal. The following are repealed:
I. RSA 234:66, relative to establishment of the Portsmouth-Kittery Bridge fund.
II. RSA 6:12, I(b)(269), relative to the Portsmouth Kittery Bridge fund.
37:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 2, 2012
Effective Date: July 1, 2012