Bill Text: NH SB580 | 2024 | Regular Session | Amended
Bill Title: Authorizing the sale of toll credits to fund a newly established noise barrier construction fund for the design and construction of noise barrier projects.
Spectrum: Bipartisan Bill
Status: (Engrossed) 2024-05-23 - Inexpedient to Legislate: Motion Adopted Voice Vote 05/23/2024 House Journal 14 [SB580 Detail]
Download: New_Hampshire-2024-SB580-Amended.html
SB 580-FN - AS AMENDED BY THE SENATE
02/08/2024 0546s
2024 SESSION
24-3093
11/06
SENATE BILL 580-FN
SPONSORS: Sen. Ricciardi, Dist 9; Sen. Watters, Dist 4; Sen. Murphy, Dist 16; Sen. Chandley, Dist 11; Rep. Gorski, Hills. 2; Rep. Rombeau, Hills. 2
COMMITTEE: Transportation
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ANALYSIS
This bill mandates the construction of a noise barrier on Teaberry Lane, Bedford, NH.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/08/2024 0546s 24-3093
11/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Noise Barrier Construction Fund. Amend RSA 228 by inserting after section 228:12-a the following new section:
228:12-b Noise Barrier Construction Fund.
I. Provided there are sufficient turnpike toll credits for the state match for the federal apportionment totals for 5 years based on the current federal fiscal year and the preceding 4 federal fiscal years, the commissioner is authorized in his or her discretion to sell up to $10,000,000 per year in turnpike toll credits in compliance with federal rules and regulations and turnpike covenants, said sale being subject to the approval of the fiscal committee of the general court and the joint legislative capital project overview committee.
II. The revenue from the sale of the turnpike toll credits shall be deposited into a restricted fund to be established and known as the noise barrier construction fund, said revenue to be nonlapsing and continually appropriated to the department of transportation. Expenditures from the noise barrier construction fund made by the commissioner being subject to the approval of the fiscal committee of the general court and the joint legislative capital project overview committee.
III. The commissioner is authorized to use said revenue for the design and construction of noise barrier projects that meet the Type II noise barrier criteria set forth in the department’s Policy and Procedural Guidelines for the Assessment and Abatement of Highway Traffic Noise for Type I & Type II Projects, as updated and amended. The commissioner may consider additional authorized adjustment factors for the determination of eligibility after consultation with an affected community concerning impacts to the community.
2 New Subparagraph; Dedicated Account; Noise Barrier Construction Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (394) the following new subparagraph:
(395) Moneys in the noise barrier construction fund, established in RSA 228:12-b.
3 Effective Date. This act shall take effect July 1, 2024.
24-3093
Revised 12/20/23
SB 580-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to establishing a noise barrier on Teaberry Lane, Bedford, NH.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures | $0 | $3,600,000 | ||||
Funding Source(s) | Turnpike Fund
| |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] N/A | ||||||
METHODOLOGY:
This bill requires the construction of a noise barrier on Teaberry Lane in Bedford, NH. The Department of Transportation states approximately $3,600,000 is required from the Bureau of Turnpike Capital Program for the engineering and construction (based upon recent bids and adjustments for inflation the Department’s standard noise barrier design is estimated to cost approximately $100 per square foot). It should be noted that this bill does not include an increase to existing funding for the Central New Hampshire Turnpike under RSA 237:2 (accounting unit 75070000) and it is unclear how much in each fiscal year would be expended to complete this project.
The Department has also provided the following additional information relative to this bill:
- The Teaberry Lane neighborhood has been evaluated as part of the F.E. Everett Turnpike Widening project (Nashua-Merrimack-Bedford 13761) noise analysis. Assessment at this location encompassed the neighborhoods of County Road, Teaberry Lane, Heather Drive, Mulberry Lane, and Bayberry Court. Land use in the noise analysis area is mainly residential development. The 2016 and 2044 modeled peak hour noise levels do approach or exceed the noise abatement criteria (NAC) per the Department’s Noise Policy and Federal Highway Administration (FHWA) regulations. Using current policy parameters and modeling software, it was determined that a noise barrier at this location would reduce noise levels, providing benefit to nine (9) residences. A noise barrier would be located between the Turnpike and adjacent residences totaling approximately 36,010 s.f., resulting in an effectiveness calculation of 4,001 s.f. per benefitted residence, which exceeds the 1,500 s.f. effectiveness criteria by a factor of more than 2.5.
- Previously, as part of the Manchester Airport Access Road improvements, Teaberry Lane was evaluated during the preparation of the Airport Access Road Environmental Impact Statement (EIS). At that time the Noise Policy utilized slightly different justification parameters than are currently in place, however the results were consistent with the more recent findings that a noise barrier would not be effective in accordance with the Department’s policy and FHWA requirements.
- Recent environmental impact investigations associated with the F.E. Everett Turnpike Widening project identified an extensive wetland system within the necessary footprint of the Teaberry Lane noise barrier. It is anticipated that construction of this noise barrier would impact a large portion of these wetlands. As such, environmental mitigation costs would likely be substantial and the ability to obtain the necessary permits to construct this noise barrier from the NH Department of Environmental Services and the US Army Corps of Engineers is questionable. The costs of any necessary environmental mitigation have not been included in the above estimate.
AGENCIES CONTACTED:
Department of Transportation
