Introduced Version
HOUSE BILL No. 1429
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-14-9; IC 8-23; IC 36-9-42.2-4.5.
Synopsis: Low water crossings. Defines "low water crossing" as a
place where a road crosses a stream having a water level that is
normally well below the level of the road but may in times of heavy
rain rise above the level of the road to a depth that is difficult for the
driver of an oncoming automobile to judge, creating the risk that the
driver will attempt to cross at the crossing and the driver's automobile
will become buoyant and be swept off the road. Defines "low water
crossing project" as a project that consists of installing appropriate road
signs to warn automobile drivers as they approach a low water
crossing, replacing damaged or undersized road culverts in a low water
crossing with culverts that will accommodate a greater quantity of
stream flow under the road, or replacing a low water crossing with a
bridge. Authorizes a local county road and bridge board to undertake
low water crossing projects. Requires the commissioner of the
department of transportation (department) to ensure that the department
makes information available to county boards of commissioners and
county highway departments about funding from federal and private
sources that might be available to the counties for low water crossing
projects. Amends the law on the local road and bridge matching grant
fund: (1) to allow grants to local units to be used for low water crossing
projects; and (2) to provide that funds allocated for grants to local units
having a population of less than 50,000 can be used to make grants to
counties below the population limit as well as to municipalities located
in counties that are below the population limit.
Effective: July 1, 2024.
Patterson
January 16, 2024, read first time and referred to Committee on Roads and Transportation.
2024 IN 1429—LS 6601/DI 55 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1429
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 8-14-9-2.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 2.5. (a) As used in this chapter, "low water crossing"
4 means a place where a road crosses a stream having a water level
5 that:
6 (1) is normally well below the level of the road; but
7 (2) may in times of heavy rain rise above the level of the road
8 to a depth that is difficult for the driver of an oncoming
9 automobile to judge, creating the risk that the driver will
10 attempt to cross at the crossing and the driver's automobile
11 will become buoyant and be swept off the road.
12 (b) As used in this chapter, "low water crossing project" means
13 a project that may consist of one (1) or more of the following:
14 (1) Installing appropriate road signs to warn automobile
15 drivers as they approach a low water crossing.
16 (2) Replacing damaged, undersized, perched, and blocked
17 road culverts in a low water crossing with culverts that will
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1 accommodate a greater quantity of stream flow under the
2 road.
3 (3) Replacing a low water crossing with a bridge.
4 SECTION 2. IC 8-14-9-5 IS AMENDED TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Whenever the local county
6 road and bridge board determines that it is necessary for the general
7 welfare of the persons residing within the local county road and bridge
8 district and that it will be of public utility and benefit to the property in
9 the district to carry out:
10 (1) a project of construction, reconstruction, or operation:
11 (A) of roads; or
12 (B) of bridges; or
13 (C) of both roads and bridges; or
14 (2) a low water crossing project;
15 within the district, the board shall adopt a resolution stating the
16 necessity of the project and the intent of the district to proceed with the
17 project.
18 (b) As a part of the resolution, the local county road and bridge
19 board shall:
20 (1) adopt preliminary or final plans and specifications for the
21 entire project; and
22 (2) determine the estimated cost of all work and all acquisitions
23 necessary to carry out the project.
24 SECTION 3. IC 8-23-23-5 IS ADDED TO THE INDIANA CODE
25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
26 1, 2024]: Sec. 5. (a) The commissioner shall ensure that the
27 department makes information available to county boards of
28 commissioners and county highway departments about funding
29 from federal and private sources that might be available to the
30 counties for projects involving the reconstruction or replacement
31 of low water crossings (as defined in IC 8-23-30-1(d)), including the
32 following:
33 (1) The federal Surface Transportation Block Grant Program
34 (23 U.S.C. 133).
35 (2) The National Oceanic and Atmospheric Administration
36 (NOAA) Community-based Habitat Restoration Program.
37 (3) The United States Fish and Wildlife Service.
38 (4) The Nature Conservancy.
39 (b) The department shall offer assistance to counties in applying
40 for funding from these sources.
41 SECTION 4. IC 8-23-30-1, AS ADDED BY P.L.146-2016,
42 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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1 JULY 1, 2024]: Sec. 1. (a) The following definitions apply throughout
2 As used in this chapter, (1) "eligible project" means either of the
3 following:
4 (1) A project:
5 (A) that is undertaken by a local unit;
6 (B) that repairs or increases the capacity of local roads and
7 bridges; and
8 (C) that is part of the local unit's transportation asset
9 management plan.
10 (2) A project that:
11 (A) is undertaken by a local unit; and
12 (B) reduces the risk to human life from low water
13 crossings.
14 (2) (b) As used in this chapter, "fund" refers to the local road and
15 bridge matching grant fund established by section 2 of this chapter.
16 (3) (c) As used in this chapter, "local unit" means a county or
17 municipality.
18 (d) As used in this chapter, "low water crossing" means a place
19 where a road crosses a stream having a water level that:
20 (1) is normally well below the level of the road; but
21 (2) may in times of heavy rain rise above the level of the road
22 to a depth that is difficult for the driver of an oncoming
23 automobile to judge, creating the risk that the driver will
24 attempt to cross at the crossing and the driver's automobile
25 will become buoyant and be swept off the road.
26 (4) (e) As used in this chapter, "transportation asset management
27 plan" includes planning for drainage systems and rights-of-way that
28 affect transportation assets.
29 SECTION 5. IC 8-23-30-1.5 IS ADDED TO THE INDIANA CODE
30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
31 1, 2024]: Sec. 1.5. A project described in section 1(a)(2) of this
32 chapter may consist of one (1) or more of the following:
33 (1) Installing appropriate road signs to warn automobile
34 drivers as they approach low water crossings.
35 (2) Replacing damaged, undersized, perched, and blocked
36 road culverts with culverts that will accommodate a greater
37 quantity of stream flow under the road.
38 (3) Replacing low water crossings with bridges.
39 SECTION 6. IC 8-23-30-5, AS ADDED BY P.L.146-2016,
40 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 5. (a) In the evaluation of an application for a
42 grant applications for grants from the fund for projects described in
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1 section 1(a)(1) of this chapter, the department shall give preference
2 to projects that are anticipated by the department to have the greatest
3 regional economic significance for the region in which the local unit is
4 located.
5 (b) In the evaluation of applications for grants from the fund for
6 projects described in section 1(a)(2) of this chapter, the department
7 shall give preference to projects that can be expected to have the
8 greatest effect in reducing the risk of low water crossings to human
9 life in the areas of the local unit in which the low water crossings
10 are located.
11 SECTION 7. IC 8-23-30-7, AS AMENDED BY P.L.218-2017,
12 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 7. The department shall allocate at least fifty
14 percent (50%) of the amount available to the department to make
15 grants in a state fiscal year to:
16 (1) local units that are counties having a population of less
17 than fifty thousand (50,000); and
18 (2) local units that are municipalities located in counties having
19 a population of less than fifty thousand (50,000).
20 SECTION 8. IC 36-9-42.2-4.5, AS ADDED BY P.L.218-2017,
21 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 4.5. As used in this chapter, "transportation asset
23 management plan" has the meaning set forth in IC 8-23-30-1(4).
24 IC 8-23-30-1(e).
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