HB619 (2015) Detail

Establishing noise barrier programs and making an appropriation therefor.


HB 619-FN-LOCAL - AS INTRODUCED

2015 SESSION

15-0253

06/05

HOUSE BILL 619-FN-LOCAL

AN ACT establishing noise barrier programs and making an appropriation therefor.

SPONSORS: Rep. Murphy, Hills 7; Rep. Pantelakos, Rock 25; Rep. DiFranco, Rock 27; Sen.?Fuller Clark, Dist 21

COMMITTEE: Public Works and Highways

ANALYSIS

This bill:

I. Establishes 2 noise barrier programs.

II. Establishes the noise barrier construction fund.

III. Makes an appropriation to the fund.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0253

06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT establishing noise barrier programs and making an appropriation therefor.

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

1 New Subdivision; Noise Barrier Programs. Amend RSA 228 by inserting after section 106 the following new subdivision:

Noise Barrier Programs

228:107 Programs Established.

I. The commissioner shall establish 2 programs, as follows, for the construction of noise barriers on existing highways where no improvements are programmed, and where long-term highway noise issues are not associated with recent highway projects.

(a) A program using available federal highway money for 80 percent of the cost of the barrier.

(b) A state matching grant program using general fund money for 80 percent of the cost of the barrier.

II. In order to be eligible to participate in either program, any municipality requesting a noise barrier shall be required to fund 20 percent of the cost of the barrier.

III. Municipalities shall be eligible for the state matching grant program without meeting a cost per receptor threshold.

IV. The department shall commence construction of such barriers within 90 days of receipt of confirmation from a municipality that its 20 percent share is committed to the cost of the project, federal or state matching funds are available, and all other program requirements have been satisfied on a first-come-first-served basis.

228:108 Fund Established.

I. There is hereby established a fund to be known as the noise barrier construction fund. The fund shall consist of moneys collected under paragraph II. The fund shall be managed by the state treasurer, shall be nonlapsing, and shall be continually appropriated to the commissioner for the purposes of this subdivision.

II. The program established under RSA 228:107, I(b) shall be funded from funds from the meals and room tax imposed under RSA 78-A, as generated by the revenue from the welcome and information centers on I-93 in Hooksett. Such money shall be deposited on a monthly basis to the fund established in paragraph I to fund the 80 percent state matching grant under RSA 228:107, I(b).

2 Department of Transportation; Appropriation; Noise Barrier Construction Fund. The sum of $1 is hereby appropriated to the department of transportation for the noise barrier construction fund established in RSA 228:108. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

3 New Subparagraph; State Treasurer; Application of Receipts. Amend RSA 6:12, I(b) by inserting after subparagraph (326) the following new subparagraph:

(327) Moneys deposited in the noise barrier construction fund, established under RSA 228:108.

4 Effective Date. This act shall take effect July 1, 2015.

LBAO

15-0253

Revised 01/29/15

HB 619-FN-LOCAL FISCAL NOTE

AN ACT establishing noise barrier programs and making an appropriation therefor.

FISCAL IMPACT:

      The Department of Transportation and the Department of Revenue Administration state this bill, as introduced, will increase state and local expenditures by an indeterminable amount in FY 2016 and each fiscal year thereafter. There will be no impact on county expenditures, or state, county, and local revenue.

      This bill appropriates $1 from the state general fund to the Department of Transportation in FY 2016 for the purposes of this act.

METHODOLOGY:

      The Department of Transportation states this bill redirects Meals and Room tax (M&R) revenue generated by the welcome and information centers on Interstate 93 in Hooksett to a newly established noise barrier construction fund for the purpose of constructing highway noise barriers. The proposed legislation directs the Department to establish two programs for the construction of noise barriers on existing highways where no improvements are programed and where long term noise issues are not associated with recent highway projects. Both programs are directed to require municipalities to provide 20% of the required funding with the remaining 80% to be federally funded in one program, and generally funded for the other program. The Department notes the ground lease contract for the welcome centers estimated gross food sales of $8,500,000 annually which would be subjected to the 9% M&R tax. Based on this estimate, the Department states passage of the proposed legislation would restrict approximately $765,000 ($8,500,000 x 9%) for the purposes of this act in FY 2016 and each fiscal year thereafter. The dedication of M&R tax revenue would decrease state general fund and education trust fund revenue and increase state restricted revenue, but have no impact on the total amount of revenue collected through the tax. The DOT states the subsequent increase in state and local expenditures would be dependent on specific projects that would arise as a result of the bill’s passage, which cannot be determined at this time.

    The Department of Revenue Administration states passage of this bill would require them to incur additional costs for the development and implementation of policies and procedures necessary to accurately and timely identify and restrict prescribed revenues. The Department is unable to estimate to what extent these costs will increase state expenditures in FY 2016. Additionally, whereas the meals and rooms tax revenue generated by the welcome and information centers is generated by a limited number of taxpayers and disclosure of such information may identify, or permit identification of particular tax returns, reports, or related documents, the Department is unable to provide an estimate of the amount of revenue that would become restricted for the purpose of constructing noise barriers as a result of this bill’s passage.