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Committee clarifies town-highway aid escalator; one-time additions to be treated as onetime appropriations

2602999 · March 13, 2025
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Summary

Legislative staff and the Joint Business Office told the transportation committee that one-time appropriations added to town‑highway aid should not become the new base for the automatic escalator. The committee directed staff to add 'notwithstanding' language and to make escalator language consistent across sections.

A legislative transportation committee on Thursday clarified how one-time appropriations affect town‑highway aid and instructed staff to add language making such additions onetime only, not a reset to the base used by the automatic escalator.

The change matters because some committee members raised concerns that if the committee or administration adds a one‑time appropriation, the current drafting could cause that amount to become the new base and therefore be subject to the automatic inflator in future years.

Committee and staff discussion distinguished two calculations in the bill: the minimum grant amount and the appropriation amount. Staff explained the bill treats the minimum grant as persistent while the appropriation amount is based on the prior fiscal year’s appropriation and then increased by whatever percentage the escalator specifies. Staff said a one‑time appropriation would show up in that year’s appropriation total and therefore would need an explicit "notwithstanding" clause to prevent it becoming part of the ongoing base.

Staff gave a numerical example to illustrate the point. If a program starts at $7,200,000, next year’s appropriation under the draft would be the $7.2 million increased by the CPI or the chosen escalator; an additional one‑time $2,000,000 added in the interim would not automatically carry forward into the next base if the appropriation is set aside by explicit language. A staff speaker told the committee, "So you just say notwithstanding this section, the appropriation for this year shall be x amount." (timecode: 277.625)

Logan of the Joint Business Office told members that, historically, when committees add money they explicitly specify whether the addition becomes part of the base or should be treated as a one‑time appropriation; the committee can adopt the same approach in statute or include automatic "notwithstanding" language.

The committee directed bill drafters to standardize the escalator language across affected sections and to insert the notwithstanding clause for appropriation resets. Staff said they would return a revised draft with those changes for the committee’s next review.

No formal vote was taken during the discussion; members agreed to bring edited language forward for review before the committee signs off.