CHAPTER 227
SB 38-FN - FINAL VERSION
03/23/2017 0897s
4May2017... 1437h
1Jun2017... 1998h
2017 SESSION
17-0130
06/01
SENATE BILL 38-FN
AN ACT making an appropriation to the department of transportation for local highway aid and aid for municipal bridges, relative to distribution of highway aid, and relative to red list bridges.
SPONSORS: Sen. Morse, Dist 22; Sen. Bradley, Dist 3; Sen. Reagan, Dist 17; Sen. Daniels, Dist 11; Sen. D'Allesandro, Dist 20; Sen. Giuda, Dist 2; Sen. Feltes, Dist 15
COMMITTEE: Finance
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I. Makes an appropriation to the department of transportation for local highway aid and municipal bridge aid.
II. Modifies the distribution of betterment funds.
III. Clarifies the criteria for red list bridges.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/23/2017 0897s
4May2017... 1437h
1Jun2017... 1998h 17-0130
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
Be it Enacted by the Senate and House of Representatives in General Court convened:
227:1 Purpose Statement. The general court recognizes that there is a need to provide targeted funding for local infrastructure projects. Therefore, it is the intent of this act to designate certain surplus funds in the 2016-2017 biennial budget for providing grants to fund local infrastructure projects in accordance with the purposes and provisions of this act and to further clarify the criteria for red list bridges.
227:2 Department of Transportation; Appropriation.
I. There is hereby appropriated to the department of transportation the sum of $36,800,000 for the fiscal year ending June 30, 2017, which shall be nonlapsing and expended pursuant to paragraph II. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
II. The sum appropriated in paragraph I shall be allocated as follows:
(a) $30,000,000 shall be expended for additional “Apportionment A” distributions under RSA 235:23, I.
(b) $6,800,000 shall be expended for state bridge aid for municipal bridges under RSA 234.
III. No funds appropriated in paragraph I shall be used for supplanting locally budgeted and approved funds for road or bridge maintenance or construction. The funds appropriated in paragraph I may be considered unanticipated money under RSA 31:95-b and may be accepted and expended pursuant to RSA 31:95-b, II through IV, whether or not a town has adopted the provisions of RSA 31:95-b.
227:3 Federal and State Highway Aid; Construction and Reconstruction. Amend RSA 235:23-a, III to read as follows:
III. Excluding funds under RSA 260:32-b, III(c) that are used for bridge work, the commissioner, based on budget appropriations, shall allocate and expend at least 70 percent of the funds in the highway and bridge betterment account for the 6 state highway districts in the following priority:
(a) [Repealed.]
(b) For each state highway district in the state, based upon a formula in which 1/2 of the amount of the funds distributed is based upon the proportion which the mileage of state-maintained class I, class II, and class III highways, excluding turnpikes, in each district, as of January 1 of the previous year, bears to the total of such mileage in the state; and 1/2 of the amount of the funds distributed is based upon the proportion which the number of state maintained class I, class II and class III highway bridges, excluding turnpikes, in each district as of January 1 of the previous year bears to the total of such number of bridges in the state. Due to timing of contracted work and actual expenditures, the commissioner shall use a rolling 5-year average to ensure that a minimum of 70 percent of the funds are expended in each district based on the formula. The commissioner shall distribute the remaining funds on a statewide basis to achieve regional equity based on condition, taking into account deviations in bid prices and existing infrastructure condition, excluding funds used for emergency repair.
227:4 Red List Bridges. Amend RSA 234:25-a, I to read as follows:
I. The commissioner of transportation shall establish and maintain a list of highway bridges that are found, after inspection by the department, to be structurally deficient, which shall be known as red list bridges. This list shall also include structurally deficient state-owned railroad bridges over highways.
227:5 New Paragraph; Red List Bridges; Definition. Amend RSA 234:25-a by inserting after paragraph IV the following new paragraph:
V. In this chapter, a structurally deficient bridge means a bridge with a primary element in poor or worse condition (National Bridge Inventory (NBI) rating of 4 or less).
227:6 Inspection of Red List Bridges. Amend RSA 234:25-b to read as follows:
234:25-b Inspection of Red List Bridges; Report.
I. The department of transportation shall inspect every red list state-owned bridge on the red list biannually and every red list municipal bridge annually as a minimum.
II. The department of transportation shall annually provide a complete list of state-owned and municipally-owned red list bridges to the governor, the executive council, the speaker of the house of representatives, the president of the senate, and the house and senate standing committees with jurisdiction over highways and bridges. Additionally the department shall annually notify the governing bodies of municipalities of any red list bridges owned by such municipality and any state-owned red list bridge within such municipality. These reports and notifications shall be provided on or before [February] April 1 of each year.
I. Sections 3 through 6 of this act shall take effect July 1, 2017.
II. The remainder of this act shall take effect upon its passage.
Approved: July 11, 2017
Effective Date:
I. Sections 3-6 effective July 1, 2017
II. Remainder effective July 11, 2017
| Date | Body | Type |
|---|---|---|
| Jan. 17, 2017 | Senate | Hearing |
| March 23, 2017 | Senate | Floor Vote |
| April 11, 2017 | House | Hearing |
| April 11, 2017 | House | Hearing |
| April 18, 2017 | House | Exec Session |
| May 4, 2017 | House | Floor Vote |
| May 24, 2017 | House | Exec Session |
| June 1, 2017 | House | Floor Vote |
July 11, 2017: II. Remainder Effective 07/11/2017
July 1, 2017: I. Section 3-6 Effective 07/01/2017
July 11, 2017: Signed by the Governor on 07/11/2017; Chapter 0227
June 22, 2017: Enrolled (In recess 06/22/2017); SJ 20
June 22, 2017: Enrolled 06/22/2017 HJ 19 P. 23
June 8, 2017: Sen. Daniels Moved to Concur with the House Amendment, MA, VV; 06/08/2017; SJ 19
June 1, 2017: Ought to Pass with Amendment 1998h: MA VV 06/01/2017 HJ 17 P. 120
June 1, 2017: Amendment # 2017-1998h: AA VV 06/01/2017 HJ 17 P. 120
June 1, 2017: Committee Report: Ought to Pass with Amendment # 2017-1998h for 06/01/2017 (Vote 26-0; RC) HC 26 P. 14
May 24, 2017: Executive Session: 05/24/2017 10:00 AM LOB 210-211
May 23, 2017: Division II Work Session: 05/23/2017 10:00 AM LOB 209
May 16, 2017: Division II Work Session: 05/16/2017 11:00 AM LOB 209
May 11, 2017: Division II Work Session: 05/11/2017 10:00 AM LOB 209
May 4, 2017: Referred to Finance 05/04/2017 HJ 15 P. 37
May 4, 2017: Ought to Pass with Amendment 1437h: MA VV 05/04/2017 HJ 15 P. 35
May 4, 2017: Amendment # 2017-1437h: AA VV 05/04/2017 HJ 15 P. 35
May 4, 2017: Committee Report: Ought to Pass with Amendment # 2017-1437h (NT) for 05/04/2017 (Vote 16-1; RC) HC 22 P. 9
April 18, 2017: Executive Session: 04/18/2017 10:00 AM LOB 201
April 11, 2017: Public Hearing on non-germane Amendment # 2017-1311h: 04/11/2017 01:15 PM LOB 201
April 11, 2017: Public Hearing: 04/11/2017 01:00 PM LOB 201
March 23, 2017: Introduced 03/23/2017 and referred to Public Works and Highways HJ 11 P. 26
March 23, 2017: Ought to Pass with Amendment 2017-0897s, RC 23Y-0N, MA; OT3rdg; 03/23/2017; SJ 10
March 23, 2017: Committee Amendment # 2017-0897s, AA, VV; 03/23/2017; SJ 10
March 23, 2017: Committee Report: Ought to Pass with Amendment # 2017-0897s, 03/23/2017; SC 15
Jan. 17, 2017: Hearing: 01/17/2017, Room 103, SH, 01:15 pm; SC 6
Jan. 5, 2017: Introduced 01/05/2017 and Referred to Finance; SJ 4