SB 631-FN - AS AMENDED BY THE SENATE

 

02/05/2026   0350s

02/05/2026   0487s

2026 SESSION

26-2221

06/05

 

SENATE BILL 631-FN

 

AN ACT authorizing the sale of toll credits to fund a newly established noise barrier construction fund for the design and construction of noise barrier projects.

 

SPONSORS: Sen. Carson, Dist 14; Rep. Packard, Rock. 16; Rep. Lundgren, Rock. 16; Rep. W. MacDonald, Rock. 16

 

COMMITTEE: Transportation

 

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AMENDED ANALYSIS

 

This bill authorizes the sale of toll credits to fund a newly established noise barrier construction fund for the design and construction of noise barrier projects, provided that there are sufficient turnpike toll credits for the state match for certain federal apportionment totals.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/19/2026   0350s

02/19/2026   0487s 26-2221

06/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT authorizing the sale of toll credits to fund a newly established noise barrier construction fund for the design and construction of noise barrier projects.

 

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 (410) the following new subparagraph:  

(411)  Moneys in the noise barrier construction fund, established in RSA 228:12-b.

3  Effective Date.  This act shall take effect July 1, 2026.

 

LBA

26-2221

02/24/2026

 

SB 631-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2026-0487s)

 

AN ACT authorizing the sale of toll credits to fund a newly established noise barrier construction fund for the design and construction of noise barrier projects.

 

FISCAL IMPACT:   

 

 

Estimated State Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

Revenue

$0

Indeterminable

Revenue Fund(s)

Noise Barrier Construction Fund

Expenditures*

$0

Indeterminable

Funding Source(s)

Noise Barrier Construction Fund

Appropriations*

$0

Continually Appropriated

Funding Source(s)

Noise Barrier Construction Fund

*Expenditure = Cost of bill                *Appropriation = Authorized funding to cover cost of bill

 

METHODOLOGY:

This bill establishes a dedicated fund for noise barrier construction and authorizes the Department of  Transportation to generate revenue through the sale of Turnpike toll credits, in compliance with federal regulations and Turnpike bond covenants.  The bill limits such sales to no more than $10 million and requires that sufficient credits remain available to support five years of the federal program, based on the current federal fiscal year requirement plus the prior four federal fiscal years.  The Department states the fiscal impact cannot be determined at this time as there is no established market for the sale of Turnpike toll credits, and the federal requirements applicable to any sale are unknown.  Potential variables include restrictions on the allowable use of proceeds, federal participation or revenue-sharing requirements, and additional administrative or reporting obligations.  These factors would affect both the amount of revenue realized and any associated expenditures.

 

AGENCIES CONTACTED:

Department of Transportation