Bill Text - HB1665 (2022)

Establishing a municipal road and bridge disaster relief fund.


Revision: Dec. 30, 2021, 11:19 a.m.

HB 1665-FN-A-LOCAL - AS INTRODUCED

 

 

2022 SESSION

22-2482

10/08

 

HOUSE BILL 1665-FN-A-LOCAL

 

AN ACT establishing a municipal road and bridge disaster relief fund.

 

SPONSORS: Rep. Aron, Sull. 7; Rep. Stapleton, Sull. 5; Rep. Edwards, Rock. 4; Rep. Pearl, Merr. 26; Rep. Rollins, Sull. 6; Rep. Rhodes, Ches. 15; Rep. Weyler, Rock. 13; Sen. Kahn, Dist 10; Sen. Ward, Dist 8; Sen. Giuda, Dist 2

 

COMMITTEE: Municipal and County Government

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill establishes a municipal road and bridge disaster relief fund in the division of homeland security and emergency management to be used for temporary infrastructure repairs in order to facilitate the safe passage and access on municipal roads and bridges.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2482

10/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT establishing a municipal road and bridge disaster relief fund.

 

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

 

1  New Section; Homeland Security and Emergency Management; Municipal Road and Bridge Disaster Relief Fund.  Amend RSA 21-P by inserting after section 37-c the following new section:

21-P:37-d  Municipal Road and Bridge Disaster Relief Fund.  

I. A municipal road and bridge disaster relief fund is established in order to provide gap funding to municipalities that have experienced damage to their roads and bridges due to a natural disaster (a) while they wait for federal emergency assistance from the Federal Emergency Management Administration (FEMA), or (b) while they wait for other funding sources that will be used to more permanently rebuild their roads and bridges.  This gap funding shall be used for temporary infrastructure repairs in order to facilitate the safe passage and access on municipal roads and bridges. The fund shall be nonlapsing and continually appropriated to the department of safety, division of homeland security and emergency management.

II.  The municipal road and bridge disaster relief fund shall be used for the purposes described in paragraph I and shall be funded in the following manner:

(a)  Municipalities wishing to draw from this fund in the future shall pay into the fund annually in an amount equal to .005 percent of their municipal budget.

(b)  The sum of up to $5,000,000 annually is hereby appropriated to this fund, until the funding reaches $30,000,000.  The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

(c)  Any federal grant money received for purposes of municipal road and bridge disaster relief by the division of homeland security and emergency management may be deposited to this fund.

III.  A municipality may draw from the municipal road and bridge disaster relief fund more than once in a calendar year.

IV.  A municipality may only draw from the municipal road and bridge disaster relief fund if the amount of the total damage is greater than the municipality's annual municipal budget and the amount needed for temporary repairs is greater than what is available in the municipality's fund balance.

V.  The division of homeland security and emergency management shall administer the expenditures from this fund.  The department shall authorize municipal road and bridge disaster relief funds to the affected municipality upon receipt of:

(a)  An assessment report prepared by a certified road engineer outlining the costs of temporary repairs intended to make the roads and/or bridges damaged by a natural disaster safely passable.

(b)  A letter to the commissioner of the department of safety and the director of the division of homeland security and emergency management from the municipality’s governing body and budget committee, if any, requesting the amount needed to temporarily repair damage to roads and bridges resulting from a natural disaster.

(c)  Demonstration that the roads and/or bridges which were damaged due to natural disaster are of significant and/or critical importance to commerce, or provides access into or out of the municipality.  

VI.  The director of the division of homeland security and emergency management shall adopt rules pursuant to RSA 541-A on procedures for municipal participation, applications, compliance requirements, and withdrawal requests, and for other matters necessary for the administration of this section.

2  Rulemaking; Municipal Road and Bridge Disaster Relief Fund.  The director of the division of homeland security and emergency management shall adopt interim rules under RSA 541-A within 30 days of the effective date of this act for the expeditious implementation of RSA 21-P:37-d.

3  New Subparagraph; State Treasury; Dedicated Funds.  Amend RSA 6:12, I(b) by inserting after subparagraph (382) the following new subparagraph:

(383)  Moneys in the municipal road and bridge disaster relief fund established in RSA 21-P:37-d.

4  Effective Date.  This act shall take effect 45 days after its passage.

 

LBA

22-2482

Redraft 12/27/21

 

HB 1665-FN-A-LOCAL- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing a municipal road and bridge disaster relief fund.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

   Appropriation

$5,000,000

$5,000,000

$5,000,000

$5,000,000

   Revenue

$0

$0

$0

$0

   Expenditures

$0

 

In excess of $30,000

In excess of $30,000

In excess of $30,000

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill establishes a municipal road and bridge disaster relief fund in the division of homeland

security and emergency management to be used for temporary infrastructure repairs in order to

facilitate the safe passage and access on municipal roads and bridges.

 

The Department of Safety indicates state revenue and expenditures would increase by an indeterminable amount based on the number of municipalities participating in the fund. Participation in the fund may impact FEMA reimbursable revenue and expenditures by an indeterminable amount.  The Department assumed it would need $30,000 in annual funding for a part-time Program Planner II to administer the fund.  Local revenues and expenditures are interminable.  Local expenditures would increase by annual payment of .005 percent of the municipal budget for those entities that choose to participate.  Local revenues would increase by amount of any draws on the fund.  There would be no impact to county revenue or expenditures.

 

The New Hampshire Municipal Association indicates, if every municipality in the state participates, the fund would receive approximately $8,000,000 in annual revenue.  Municipal expenditures and revenue will depend on participation in the program and the occurrence of future natural disasters.

 

This bill makes an annual general fund appropriation of $5,000,000 into the municipal road and bridge disaster relief fund until the fund balance reaches $30,000,000.

 

With an effective date of 45 days after passage, it is assumed that the Department of Safety's expenditures and municipal participation would occur after FY 2022.

 

This bill does not appropriate funds for or authorize any positions.

 

AGENCIES CONTACTED:

Department of Safety and New Hampshire Municipal Association