Indiana 2024 Regular Session

Indiana House Bill HB1429 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1429
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 8-14-9; IC 8-23; IC 36-9-42.2-4.5.
7	7	Synopsis: Low water crossings. Defines "low water crossing" as a
8	8	place where a road crosses a stream having a water level that is
9	9	normally well below the level of the road but may in times of heavy
10	10	rain rise above the level of the road to a depth that is difficult for the
11	11	driver of an oncoming automobile to judge, creating the risk that the
12	12	driver will attempt to cross at the crossing and the driver's automobile
13	13	will become buoyant and be swept off the road. Defines "low water
14	14	crossing project" as a project that consists of installing appropriate road
15	15	signs to warn automobile drivers as they approach a low water
16	16	crossing, replacing damaged or undersized road culverts in a low water
17	17	crossing with culverts that will accommodate a greater quantity of
18	18	stream flow under the road, or replacing a low water crossing with a
19	19	bridge. Authorizes a local county road and bridge board to undertake
20	20	low water crossing projects. Requires the commissioner of the
21	21	department of transportation (department) to ensure that the department
22	22	makes information available to county boards of commissioners and
23	23	county highway departments about funding from federal and private
24	24	sources that might be available to the counties for low water crossing
25	25	projects. Amends the law on the local road and bridge matching grant
26	26	fund: (1) to allow grants to local units to be used for low water crossing
27	27	projects; and (2) to provide that funds allocated for grants to local units
28	28	having a population of less than 50,000 can be used to make grants to
29	29	counties below the population limit as well as to municipalities located
30	30	in counties that are below the population limit.
31	31	Effective: July 1, 2024.
32	32	Patterson
33	33	January 16, 2024, read first time and referred to Committee on Roads and Transportation.
34	34	2024 IN 1429—LS 6601/DI 55 Introduced
35	35	Second Regular Session of the 123rd General Assembly (2024)
36	36	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
37	37	Constitution) is being amended, the text of the existing provision will appear in this style type,
38	38	additions will appear in this style type, and deletions will appear in this style type.
39	39	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
40	40	provision adopted), the text of the new provision will appear in this style type. Also, the
41	41	word NEW will appear in that style type in the introductory clause of each SECTION that adds
42	42	a new provision to the Indiana Code or the Indiana Constitution.
43	43	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
44	44	between statutes enacted by the 2023 Regular Session of the General Assembly.
45	45	HOUSE BILL No. 1429
46	46	A BILL FOR AN ACT to amend the Indiana Code concerning
47	47	transportation.
48	48	Be it enacted by the General Assembly of the State of Indiana:
49	49	1 SECTION 1. IC 8-14-9-2.5 IS ADDED TO THE INDIANA CODE
50	50	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
51	51	3 1, 2024]: Sec. 2.5. (a) As used in this chapter, "low water crossing"
52	52	4 means a place where a road crosses a stream having a water level
53	53	5 that:
54	54	6 (1) is normally well below the level of the road; but
55	55	7 (2) may in times of heavy rain rise above the level of the road
56	56	8 to a depth that is difficult for the driver of an oncoming
57	57	9 automobile to judge, creating the risk that the driver will
58	58	10 attempt to cross at the crossing and the driver's automobile
59	59	11 will become buoyant and be swept off the road.
60	60	12 (b) As used in this chapter, "low water crossing project" means
61	61	13 a project that may consist of one (1) or more of the following:
62	62	14 (1) Installing appropriate road signs to warn automobile
63	63	15 drivers as they approach a low water crossing.
64	64	16 (2) Replacing damaged, undersized, perched, and blocked
65	65	17 road culverts in a low water crossing with culverts that will
66	66	2024 IN 1429—LS 6601/DI 55 2
67	67	1 accommodate a greater quantity of stream flow under the
68	68	2 road.
69	69	3 (3) Replacing a low water crossing with a bridge.
70	70	4 SECTION 2. IC 8-14-9-5 IS AMENDED TO READ AS FOLLOWS
71	71	5 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Whenever the local county
72	72	6 road and bridge board determines that it is necessary for the general
73	73	7 welfare of the persons residing within the local county road and bridge
74	74	8 district and that it will be of public utility and benefit to the property in
75	75	9 the district to carry out:
76	76	10 (1) a project of construction, reconstruction, or operation:
77	77	11 (A) of roads; or
78	78	12 (B) of bridges; or
79	79	13 (C) of both roads and bridges; or
80	80	14 (2) a low water crossing project;
81	81	15 within the district, the board shall adopt a resolution stating the
82	82	16 necessity of the project and the intent of the district to proceed with the
83	83	17 project.
84	84	18 (b) As a part of the resolution, the local county road and bridge
85	85	19 board shall:
86	86	20 (1) adopt preliminary or final plans and specifications for the
87	87	21 entire project; and
88	88	22 (2) determine the estimated cost of all work and all acquisitions
89	89	23 necessary to carry out the project.
90	90	24 SECTION 3. IC 8-23-23-5 IS ADDED TO THE INDIANA CODE
91	91	25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
92	92	26 1, 2024]: Sec. 5. (a) The commissioner shall ensure that the
93	93	27 department makes information available to county boards of
94	94	28 commissioners and county highway departments about funding
95	95	29 from federal and private sources that might be available to the
96	96	30 counties for projects involving the reconstruction or replacement
97	97	31 of low water crossings (as defined in IC 8-23-30-1(d)), including the
98	98	32 following:
99	99	33 (1) The federal Surface Transportation Block Grant Program
100	100	34 (23 U.S.C. 133).
101	101	35 (2) The National Oceanic and Atmospheric Administration
102	102	36 (NOAA) Community-based Habitat Restoration Program.
103	103	37 (3) The United States Fish and Wildlife Service.
104	104	38 (4) The Nature Conservancy.
105	105	39 (b) The department shall offer assistance to counties in applying
106	106	40 for funding from these sources.
107	107	41 SECTION 4. IC 8-23-30-1, AS ADDED BY P.L.146-2016,
108	108	42 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
109	109	2024 IN 1429—LS 6601/DI 55 3
110	110	1 JULY 1, 2024]: Sec. 1. (a) The following definitions apply throughout
111	111	2 As used in this chapter, (1) "eligible project" means either of the
112	112	3 following:
113	113	4 (1) A project:
114	114	5 (A) that is undertaken by a local unit;
115	115	6 (B) that repairs or increases the capacity of local roads and
116	116	7 bridges; and
117	117	8 (C) that is part of the local unit's transportation asset
118	118	9 management plan.
119	119	10 (2) A project that:
120	120	11 (A) is undertaken by a local unit; and
121	121	12 (B) reduces the risk to human life from low water
122	122	13 crossings.
123	123	14 (2) (b) As used in this chapter, "fund" refers to the local road and
124	124	15 bridge matching grant fund established by section 2 of this chapter.
125	125	16 (3) (c) As used in this chapter, "local unit" means a county or
126	126	17 municipality.
127	127	18 (d) As used in this chapter, "low water crossing" means a place
128	128	19 where a road crosses a stream having a water level that:
129	129	20 (1) is normally well below the level of the road; but
130	130	21 (2) may in times of heavy rain rise above the level of the road
131	131	22 to a depth that is difficult for the driver of an oncoming
132	132	23 automobile to judge, creating the risk that the driver will
133	133	24 attempt to cross at the crossing and the driver's automobile
134	134	25 will become buoyant and be swept off the road.
135	135	26 (4) (e) As used in this chapter, "transportation asset management
136	136	27 plan" includes planning for drainage systems and rights-of-way that
137	137	28 affect transportation assets.
138	138	29 SECTION 5. IC 8-23-30-1.5 IS ADDED TO THE INDIANA CODE
139	139	30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
140	140	31 1, 2024]: Sec. 1.5. A project described in section 1(a)(2) of this
141	141	32 chapter may consist of one (1) or more of the following:
142	142	33 (1) Installing appropriate road signs to warn automobile
143	143	34 drivers as they approach low water crossings.
144	144	35 (2) Replacing damaged, undersized, perched, and blocked
145	145	36 road culverts with culverts that will accommodate a greater
146	146	37 quantity of stream flow under the road.
147	147	38 (3) Replacing low water crossings with bridges.
148	148	39 SECTION 6. IC 8-23-30-5, AS ADDED BY P.L.146-2016,
149	149	40 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
150	150	41 JULY 1, 2024]: Sec. 5. (a) In the evaluation of an application for a
151	151	42 grant applications for grants from the fund for projects described in
152	152	2024 IN 1429—LS 6601/DI 55 4
153	153	1 section 1(a)(1) of this chapter, the department shall give preference
154	154	2 to projects that are anticipated by the department to have the greatest
155	155	3 regional economic significance for the region in which the local unit is
156	156	4 located.
157	157	5 (b) In the evaluation of applications for grants from the fund for
158	158	6 projects described in section 1(a)(2) of this chapter, the department
159	159	7 shall give preference to projects that can be expected to have the
160	160	8 greatest effect in reducing the risk of low water crossings to human
161	161	9 life in the areas of the local unit in which the low water crossings
162	162	10 are located.
163	163	11 SECTION 7. IC 8-23-30-7, AS AMENDED BY P.L.218-2017,
164	164	12 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
165	165	13 JULY 1, 2024]: Sec. 7. The department shall allocate at least fifty
166	166	14 percent (50%) of the amount available to the department to make
167	167	15 grants in a state fiscal year to:
168	168	16 (1) local units that are counties having a population of less
169	169	17 than fifty thousand (50,000); and
170	170	18 (2) local units that are municipalities located in counties having
171	171	19 a population of less than fifty thousand (50,000).
172	172	20 SECTION 8. IC 36-9-42.2-4.5, AS ADDED BY P.L.218-2017,
173	173	21 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
174	174	22 JULY 1, 2024]: Sec. 4.5. As used in this chapter, "transportation asset
175	175	23 management plan" has the meaning set forth in IC 8-23-30-1(4).
176	176	24 IC 8-23-30-1(e).
177	177	2024 IN 1429—LS 6601/DI 55