TITLE XX
TRANSPORTATION

CHAPTER 235
FEDERAL AND STATE HIGHWAY AID

Construction and Reconstruction Aid

Section 235:23-a

    235:23-a Highway and Bridge Betterment Program; Funding. –
I. There is established a highway and bridge betterment program for the purpose of highway construction, reconstruction, and resurfacing, and for bridge construction, bridge reconstruction and bridge maintenance, in each highway district in the state and for the purpose of insuring adequate maintenance and improvement of that portion of the state highway system not supported with federal aid.
II. The program shall be funded from $.03 per gallon of the road toll imposed under RSA 260:32; of these revenues, in each fiscal year 88 percent shall be deposited into a separate account established in the highway fund called the highway and bridge betterment account, to be allocated as provided in paragraph III. The amount deposited into the highway and bridge betterment account is hereby continually appropriated and shall be nonlapsing. The remaining 12 percent shall be distributed in accordance with the formula in RSA 235:23, I, and shall be in addition to any amounts to be allocated under that paragraph.
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(a) [Repealed.]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.
IV. The commissioner shall prepare a report not later than December 1 of each year which details the way in which the transportation department has expended funds for highway construction, reconstruction, and resurfacing, and for bridge construction, bridge reconstruction and bridge maintenance according to the provisions of paragraph III. The report shall also clearly evaluate how well the betterment program is achieving its purpose using quantitative measures wherever practical. The report shall be submitted no later than December 1 of each year to the president of the senate, the speaker of the house, the governor, the senate clerk, the house clerk, the state library, the chairperson of the house public works and highways committee, and the chairperson of the senate capital budget committee.

Source. 1991, 249:2. 1992, 289:64, III. 1994, 155:3; 311:1, 2. 1995, 9:32. 1998, 101:1. 2007, 263:36, eff. July 1, 2007; 263:37, eff. July 1, 2009. 2017, 227:3, eff. July 1, 2017.