HB 506-FN-A - AS INTRODUCED

2023 SESSION

23-0666

04/08

HOUSE BILL 506-FN-A

AN ACT relative to the construction of a rail trail box tunnel on Exit 4-A in Derry and making an appropriation therefor.

SPONSORS: Rep. S. Pearson, Rock. 13; Rep. T. Dolan, Rock. 16; Rep. Prudhomme-O'Brien, Rock. 13; Rep. Love, Rock. 13; Rep. L. Gould, Hills. 2; Rep. Stapleton, Sull. 6

COMMITTEE: Finance

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ANALYSIS

This bill requires the department of transportation to complete the rail trail box tunnel project in Derry, makes an appropriation for the project, and establishes a criminal penalty for any person who fails to complete or impedes the progress of the project.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0666

04/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to the construction of a rail trail box tunnel on Exit 4-A in Derry and making an appropriation therefor.

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

1  Department of Transportation; Rail Trail Box Tunnel Construction Project.  The department of transportation shall construct the rail trail box tunnel option on  Interstate 93 exit 4A in the town of Derry.  Any person who negligently fails to construct or impedes in any way the completion of the rail trail box tunnel construction project shall be guilty of a class A misdemeanor.  The penalty in this section shall include the project manager, lead project engineer, and the commissioner of the department of transportation.

2  Appropriation.  The sum of $750,000 for the fiscal year ending June 30, 2024 is hereby appropriated to the department of transportation to be used for construction costs related to the rail trail box tunnel construction project under section 1 of this act.  The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

3  Effective Date.  

I.  Section 2 of this act shall take effect July 1, 2023.

II.  The remainder of this act shall take effect upon its passage.

LBA

23-0666

1/5/23

HB 506-FN-A- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the construction of a rail trail box tunnel on Exit 4-A in Derry and making an appropriation therefor.

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

METHODOLOGY:

This bill makes a $750,000 general fund appropriation in FY 2024 to the Department of Transportation to be used for costs related to the rail trail box tunnel construction project. The Department states the tunnel is estimated to cost $1,125,000 to build, and savings from the elimination of the shared use crossing of $375,000, results in a net construction fiscal impact of approximately $750,000. Additionally, the Department states the cost to redesign the project is estimated to be approximately $112,500, for a total net cost of $862,500 (this projection does not include traffic control which will be required). The Department assumes the date for availability of funds (July 2023) would result in construction being delayed one year beyond the specified date.  The current project is scheduled to be advertised for 2023 construction and if the project needs to be re-designed, construction will be delayed approximately one year. Based on this information, it is indeterminable how much of the $750,000 appropriation will be expended in each fiscal year between FY 2024 and FY 2026.

This bill also establishes a class A misdemeanor penalty on any individual who negligently fails to construct or impedes in any way the completion of the rail trail box tunnel construction project, which may have an impact on the New Hampshire judicial and correctional systems. It is not known at this time how many, if any, charges may be brought forward and therefore this bill’s impact on state and county expenditures is indeterminable.

AGENCIES CONTACTED:

Department of Transportation, Judicial Council, Department of Justice, and Judicial Branch