Revision: June 14, 2016, midnight
\t \t\tHB 2016 - VERSION ADOPTED BY BOTH BODIES
10Mar2016... 0903h
10Mar2016... 0941h
05/12/2016 1832s
05/12/2016 1928s
1June2016... 2055CofC
1June2016... 2156EBA
2016 SESSION
\t16-2989
\t06/09
HOUSE BILL\t2016
AN ACT\trelative to the state 10-year transportation improvement program.
SPONSORS:\tRep. Chandler, Carr. 1
COMMITTEE:\tPublic Works and Highways
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AMENDED ANALYSIS
\tThis bill:
\tI. Adopts the 10-year transportation improvement plan for 2017-2026.
\tII. Adds purposes for which the state may issue GARVEE bonds.
\tIII. Modifies funding for projects on the central New Hampshire turnpike and the Spaulding turnpike.
\tIV. Authorizes the department of transportation to expend certain funds for the purchase of fleet vehicles, for the state bridge aid program, and for highway bridge and betterment district resurfacing and rehabilitation programs.
\tV. Transfers certain funds under the state aid highway program to the Littleton Saranac Street project.
\tVI. Deletes the Nashua-Manchester-Concord Capitol Corridor Rail project, project number 40818, from the 10-year transportation improvement plan 2017-2026.
\tVII. Advances the Milford safety improvements project, the Northfield-Tilton bridge rehabilitation project, and the East Kingston bridge deck replacement project to the 2016 transportation improvement plan.
\tVIII. Adds Salem-Manchester projects to pave a 4th lane along I-93 and to construct a 4th lane on I-93 to the state border to the 10-year transportation improvement plan 2017-2026.
\tIX. Modifies funding for the park and ride project in Windham and for the reconstruction of the intersection of NH 28 and NH 97.
\tX. Modifies provisions of projects to make improvements to Ocean Boulevard in Hampton, a railroad crossing upgrade in Portsmouth, and a highway intersection in Salem.
\tXI. Limits the use of toll credits to certain projects.
\tXII. Prohibits the department of transportation from expending any funds on the Dixville-Colebrook road project until all approvals for the Balsams project are complete.
\tXIII. Adds the study of a possible location for a wildlife crossing to the Jefferson-Randolph project, project number 13602.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10Mar2016... 0903h\t16-2989
10Mar2016... 0941h\t06/09
05/12/2016 1832s
05/12/2016 1928s
1June2016... 2055CofC
1June2016... 2156EBA
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the state 10-year transportation improvement program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 State 10-Year Transportation Improvement Plan. The legislature hereby adopts the plan known as the “Ten Year Transportation Improvement Plan 2017-2026 Submitted by the Governor to the Legislature Pursuant to RSA 228:99 and RSA 240 of the Laws of New Hampshire” and encourages expeditious implementation of the projects shown therein.
\t2 Issuance of Revenue Bonds. Amend RSA 228-A:2 to read as follows:
\t228-A:2 Issuance of Revenue Bonds. The state may issue bonds under this chapter to be known as "federal highway grant anticipation bonds.'' The bonds may be issued from time to time for the purpose of financing project costs related to the widening of Interstate 93 from Manchester to the Massachusetts border, the replacement of the Sarah Mildred Long Bridge in Portsmouth, New Hampshire, and any other federally aided highway project hereafter authorized by the general court to be financed under this chapter. 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 issuing of bonds shall be contingent upon the availability of sufficient anticipated federal aid over the term of the bonds. The bonds shall be issued by the treasurer in such amounts as the fiscal committee of the general court and the governor and council shall determine, and shall not exceed $490,000,000. Debt service for federal highway grant anticipation bonds (GARVEE bonds) for the projects shall be paid from a portion of future federal funds. 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 15 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, including above or below par value, at such rate or rates of interest, or at such discount in lieu of interest, as the treasurer may determine. The state may further issue GARVEE bonds for the purpose of financing the project costs related to the replacement and/or rehabilitation of 2 Connecticut River bridges, located in Lebanon, New Hampshire and Hinsdale, New Hampshire, pursuant to the issuance process in this section.
\t3 Turnpike System; Authority Granted. Amend RSA 237:2, VII(b) and (c) to read as follows:
\t\t\t(b) Plan [and], engineer, and construct improvements [to], and acquire land as necessary for the central New Hampshire turnpike, including, but not limited to the addition of a traffic lane or lanes in each direction from the junction of interstate 89 in the city of Concord to the northerly expansion joint of the Interstate 93 bridge over Loudon Road and N.H. Route 9 (bridge no. 163/106).
\t\t\t(c) Plan [and], engineer, and construct improvements [to], and acquire land as necessary for the central New Hampshire turnpike, including, but not limited to the addition of a traffic lane or lanes in each direction from exit 6 to exit 7 in the city of Manchester, as well as the reconstruction of the exit 6 and exit 7 interchanges.
\t4 Turnpike System; Funds Provided. Amend RSA 237:7, I(h) to read as follows:
\t\t\t(h) Improvements to central New Hampshire turnpike.
\t\t\t\tRSA 237:2, IV(h), VII, VII(b), VII(c), IX.\t[$574,900,000] \t$697,000,000
\t5 Turnpike System; Funds Provided. Amend RSA 237:7, I(j) to read as follows:
\t\t\t(j) Study of exit 10 on Spaulding turnpike.
\t\t\t\tRSA 237:2 II-a.\t[$1,100,000]\t$3,500,000
\t6 Department of Transportation; Transportation Infrastructure Finance and Innovation Act. In accordance with RSA 6:13-d, the department of transportation anticipates securing a loan of $200,000,000 through the federal Transportation Infrastructure Finance and Innovation Act (TIFIA), 23 U.S.C. sections 601-609, to complete the widening of Interstate 93 from Salem to Manchester. It is anticipated that the loan will be structured to require revenue collected under 2014, 17 (SB 367-FN-A), to be used for the improvement of approximately 1,160 miles of rural roads ($12,000,000 per year) and approximately 23 red list bridges ($8,000,000 per year) during the first 9 years of the loan. Subsequent to the ninth year, funds collected under 2014, 17 shall be used to make interest and principal payments on the loan. Consequently, the department will no longer be able to invest in rural roads and red list bridges at the same levels. The state 10-year transportation improvement plan sets forth projects to improve roads and bridges in accordance with the conditions of the loan.
\t7 Department of Transportation; Grants. If the department of transportation or any municipality is successful in obtaining additional grant funding (such as TIGER grants) for projects in the state 10-year transportation improvement plan, the department may modify and/or advance project funding, as practical, for such projects in order to leverage these additional grant funds.
\t8 Department of Transportation; Purchase of Fleet Vehicles. The department of transportation may expend up to $2,500,000 in excess funds from the winter maintenance accounting unit (2928) from fiscal year 2016 for the purchase of fleet vehicles. Eighty-five percent of said funds shall be appropriated for trucks and heavy equipment. Fifteen percent of said funds shall be appropriated for light trucks and passenger vehicles. Said funds shall be appropriated from the undesignated highway surplus account and shall be continually appropriated and nonlapsing.
\t9 Department of Transportation; Expenditure for State Bridge Aid Program. The department of transportation may expend up to $2,500,000 in excess funds from the winter maintenance accounting unit (2928) from fiscal year 2016 for the state bridge aid program under RSA 234:5. Said funds shall be appropriated from the undesignated highway surplus account and shall be continually appropriated and nonlapsing.
\t10 Department of Transportation; Highway Bridge and Betterment. Pursuant to the intent of 2014, 17 (SB 367-FN-A), excess funds in highway maintenance accounting unit (3007) should be spent on roads and bridges. Notwithstanding any law to the contrary, any lapsing funds up to $4,000,000 in the highway maintenance accounting unit (3007) from fiscal year 2016 shall be appropriated to the department of transportation from the undesignated highway surplus account and shall be continually appropriated for use in class 400 in accounting unit 8910 for highway bridge and betterment district resurfacing and district rehabilitation programs. Said funds shall be nonlapsing.
\t11 Department of Transportation: Transfer of Funds: $200,000 of the undesignated programmatic funds under the State Aid Highway Program (SAH) in 2018 shall be designated to the Littleton Saranac Street project.
\t12 Department of Transportation; Nashua-Manchester-Concord. Funding for the Nashua-Manchester-Concord Capitol Corridor Rail project, project number 40818, is deleted from the "Ten Year Transportation Improvement Plan 2017-2026 Submitted by the Governor to the Legislature Pursuant to RSA 228:99 and RSA 240 of the Laws of New Hampshire.”
\t13 Department of Transportation; Milford; Northfield-Tilton; East Kingston. The following projects shall be removed from the 10-year transportation improvement plan 2017-2026 and shall be advanced to fiscal year 2016:
\t\tI. The project named Milford, project number 13692B, which consists of safety improvements to NH 101.
\t\tII. The project named Northfield-Tilton, project number 16147, which consists of bridge rehabilitation on I-93 over the Winnipesaukee River.
\t\tIII. The project named East Kingston, project number 26942, which consists of bridge deck replacement and rehabilitation on NH 107A over the B&M Railroad.
\t14 Department of Transportation; Salem-Manchester. The following projects shall be added to the 10-year transportation improvement plan 2017-2026:
\t\tI. Salem-Manchester, project number 14633J, pavement of a 4th lane from Salem to Manchester along I-93, shall be funded with federal funds and remaining TIFIA funds, totaling $11,700,000.
\t\tII. Salem-Manchester, project number 13933A, construction of a 4th lane along I-93 at the state border, shall be funded with federal funds totaling $15,700.000.
\t15 Department of Transportation; Salem-Manchester. The funding for the project named Salem-Manchester, project number 10418H, for the I-93 exit 3 park and ride in Windham, shall be modified to fully fund the project under the federal Congestion Mitigation Air Quality (CMAQ) improvement program.
\t16 Department of Transportation; Hampton. The preliminary engineering for the project named Hampton, project number 40797, which consists of improvements to Ocean Boulevard, shall be advanced from the fiscal year ending June 30, 2022 to the fiscal year ending June 30, 2020.
\t17 Department of Transportation; Portsmouth. The project named Portsmouth, project number 40644, which consists of a railroad crossing upgrade, shall be relocated from Maplewood Avenue to Market Street.
\t18 Department of Transportation; Salem. The funding for the project named Salem, project number 12334, which consists of reconstruction of an intersection at NH 28 and NH 97, shall be modified to include $2,900,000 for right of way acquisitions (ROW).
\t19 Administration of Transportation Laws; Use of Toll Credits. RSA 228:12-a is repealed and reenacted to read as follows:
\t228:12-a Use of Toll Credits. The department may use toll credits as a match for federal highway funds solely for the funding of highway and road projects or projects concerning the travel of motor vehicles on such highways and roads. Any other use of toll credits shall require approval of the joint legislative capital budget overview committee, established in RSA 17-J:1, prior to moving the project forward for approval in the state 10-year transportation improvement program.
\t20 Department of Transportation. The department of transportation shall not commence construction on the road project named Dixville-Colebrook, project number 40518, until such time as all approvals necessary for the road project are received and the financing required for commencement of commercial operations at the facility on the east side of NH 26 at the Balsams is secured. Project number 40518 shall be contingent upon an agreement between the towns and/or county to take ownership of the road prior to construction. Construction costs shall not exceed $2,500,000.
\t21 Department of Transportation; Jefferson-Randolph. The project named Jefferson-Randolph, project number 13602C, shall include the study of a possible location for a wildlife crossing on route 2.
\t\tI. Sections 8, 9, and 10 of this act shall take effect July 1, 2016.
\t\tII. The remainder of this act shall take effect upon its passage.