MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Transportation
By: Representatives Busby, Mangold, Sykes
AN ACT TO AMEND SECTIONS 65-37-1, 65-37-3, 65-37-7, 65-37-11 AND 65-37-15, MISSISSIPPI CODE OF 1972, TO REVISE THE LOCAL SYSTEM BRIDGE REPLACEMENT AND REHABILITATION PROGRAM'S DEFINITION OF DEFICIENT BRIDGE; TO BRING FORWARD SECTIONS 65-37-5, 65-37-9 AND 65-37-13, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 65-37-1, Mississippi Code of 1972, is amended as follows:
65-37-1. (1) There is
established a local system bridge replacement and rehabilitation program to be
administered by the State Aid Engineer for the purpose of assisting counties
and municipalities in the replacement and rehabilitation of certain bridges
located on local road systems in the counties and in incorporated
municipalities within the counties. In order to be eligible under this
program, a bridge must be * * *eligible for replacement or rehabilitation considered
deficient as determined by the National Bridge Inspection Standards * * * and must be included on the
latest annual official bridge inventory maintained by the Office of State Aid
Road Construction, excluding bridge inventories on the state aid road system,
the municipal urban system or the rural major collector system.
(2) In the replacement or rehabilitation of bridges pursuant to this chapter, consideration may be given to utilizing timber products on some projects, provided that such projects using timber products will be comparable in cost to, and can be constructed to meet current standards for, similar projects using concrete and steel.
(3) The provisions of this
chapter shall not be construed to permit routes on which projects are performed
under this chapter to be eligible for inclusion on the state aid road
system except in accordance with the provisions of * * * Section 65-9-1 et seq.
SECTION 2. Section 65-37-3, Mississippi Code of 1972, is amended as follows:
65-37-3. (1) For the purposes of this section, the following terms shall have the meanings ascribed to them in this subsection:
(a) "Deficient
bridge" means a bridge that is eligible for replacement or rehabilitation
as determined by the National Bridge Inspection Standards sufficiency rating
and that is included on the latest annual official bridge inventory prepared by
the Office of State Aid Road Construction as a bridge having a * * * condition
rating of fair or less for its deck, superstructure or substructure,
excluding bridges on the state aid road system, the municipal urban system and
the rural major collector system.
(b) "Local system road miles" means all highways, roads and streets within a county, including highways, roads and streets within incorporated municipalities of the county, that are not included on the designated state highway system.
(2) From the funds on deposit and credited to the Local System Bridge Replacement and Rehabilitation Fund created in Section 65-37-13, each county shall be allocated a percentage of such funds as they become available, which percentage shall be based:
(a) One-half (1/2) on the proportion that the total number of deficient bridges in the county bears to the total number of deficient bridges in all counties of the state; and
(b) One-half (1/2) on the proportion that the total number of local system road miles in the county bears to the total number of local system road miles in all counties of the state.
SECTION 3. Section 65-37-7, Mississippi Code of 1972, is amended as follows:
65-37-7. (1) In order for a county to be eligible for the expenditure of funds under the provisions of Sections 65-37-1 through 65-37-15, the board of supervisors of the county shall meet the following conditions:
(a) On or before January 1, 1995, and on or before January 1 of each year thereafter, the board of supervisors shall present to the State Aid Engineer on a form to be prepared by the State Aid Engineer, a four-year plan of bridge replacement and rehabilitation for the county. The plan shall identify the project or projects and shall contain a detailed plan prepared and approved by the engineer for the county. The plan shall specify the condition of the existing bridges included in the project, the drainage requirements, the type of replacement or rehabilitation to be made and the design and specifications therefor. Four-year plans may be modified each year or more often as necessary provided that the modifications are submitted to the State Aid Engineer.
(b) The county shall agree to employ a qualified engineer and such other technical experts as may be necessary to perform all engineering services required for the projects. The engineer shall be required to inspect the construction of the projects and to approve all estimate payments made on the projects.
(c) The county and municipalities shall agree to construct, at their own expense, the base and surface of all approaches providing necessary connections to each bridge project within their respective jurisdictions, including the base and surface for culvert projects whenever fill material is placed as part of the contract.
(d) The county and municipalities shall agree to acquire all rights-of-way and relocate or make adjustments to public utilities for each bridge project within their respective jurisdictions as may be necessary in the manner provided by law for the acquisition of rights-of-way and the uniform policy for accommodation of utility facilities within the rights-of-way of state aid roads as adopted by the State Aid Engineer under authority of Section 65-9-1 et seq. Rights-of-way may be acquired by gift, purchase, deed, dedication or eminent domain. The only costs that may be paid from funds provided under Sections 65-37-1 through 65-37-15 for right-of-way acquisition shall be the actual cost paid by the county to the landowner for the land acquired as certified to the State Aid Engineer by the attorney for the board of supervisors. The only cost that may be paid from funds provided under Sections 65-37-1 through 65-37-15 for utility adjustments shall be the actual cost paid by the county for utility adjustments pursuant to contract let by the county as certified to the State Aid Engineer by order of the board of supervisors.
(2) A county shall not be
eligible for the expenditure of monies allocated to it under Sections 65-37-1
through 65-37-15 and the State Aid Engineer shall not certify the use or
expenditure of such monies on any bridge that * * *
is not considered deficient as determined by National Bridge Inspection
standards, unless the State Aid Engineer certifies that all bridges on the
local road system within the county for which funds may be made available under
Sections 65-37-1 through 65-37-15 * * * that are deficient are currently under contract
for replacement or rehabilitation. When the State Aid Engineer certifies that
all * * *
deficient bridges within the county * * *
are currently under contract for replacement or rehabilitation, then that
county shall be eligible for the expenditure of funds allocated to it under
Sections 65-37-1 through 65-37-15 for:
(a) The maintenance and replacement of other drainage-related structures in accordance with designs and standards prescribed for such projects by the Office of State Aid Road Construction;
(b) The Local System Road Program established pursuant to Sections 65-18-1 through 65-18-17; and
(c) The matching of federal funds for expenditure on state aid roads and bridge replacement in accordance with Section 65-9-29.
(3) (a) Except as otherwise provided in paragraph (d) of this subsection (3), when a county has failed to expend the monies allocated to it under the Local System Bridge Replacement and Rehabilitation Program, as described in Sections 65-37-1 through 65-37-15, for an uninterrupted period of two (2) successive fiscal years, the county shall forfeit and no longer be entitled to the outstanding cumulative balance on hand of the monies that were allocated to it under the program before that period of time.
(b) The county is eligible to receive funds allocated to it in fiscal years occurring after that period of time that caused a forfeiture under the provisions of paragraph (a) of this subsection (3), unless it so forfeits monies again under that provision.
(c) Monies forfeited each fiscal year under the provisions of this subsection (3) shall be reallocated annually among only those counties that are determined by the State Aid Engineer to have Local System Bridge Replacement and Rehabilitation Program projects that are ready for construction but are not being undertaken due to lack of funds.
(d) Before a forfeiture of funds may occur under the provisions of paragraph (a) of this subsection (3), the State Aid Engineer shall give written notice to the board of supervisors of the county at least ninety (90) days before the forfeiture, and for good cause shown, he may allow the county an additional twelve (12) months to expend the funds subject to the forfeiture.
SECTION 4. Section 65-37-11, Mississippi Code of 1972, is amended as follows:
65-37-11. (1) The board of supervisors of each county and the governing authorities of each municipality shall be responsible for properly maintaining all bridges replaced or repaired in their respective jurisdictions and for performing National Bridge Inspection Standard (NBIS) compliant inspections under the provisions of Sections 65-37-1 through 65-37-15.
(2) The State Aid Engineer
and his assistants shall make annual maintenance inspections of completed
bridge projects and * * * ensure that NBIS compliant inspections are
performed as the State Aid Engineer deems necessary. If at any time the
State Aid Engineer is of the opinion that a county or municipality has not
provided NBIS compliant bridge inspections or proper maintenance as
required by subsection (l) of this section, he shall give written notice
thereof to the board of supervisors of the county or the governing authorities
of the municipality of default and direct such maintenance as may be necessary
to be performed. If within sixty (60) days of the receipt of such notice the
board of supervisors or governing authorities have not performed such maintenance
as may be necessary, then the county or municipality shall not thereafter be
eligible to participate in the Local System Bridge Replacement and
Rehabilitation Program.
(3) Whenever any county fails to be eligible for the expenditure of monies allocated to it under the provisions of Sections 65-37-1 through 65-37-15 for a continuous period of two (2) years because it has failed to properly maintain bridges under the Local System Bridge Replacement and Rehabilitation Program, then the county shall forfeit and no longer be entitled to any part of the monies in the Local System Bridge Replacement and Rehabilitation Fund theretofore allocated to it. The balance of the monies theretofore allocated to it shall be reallocated pro rata among all other eligible counties in accordance with the formula established in Section 65-37-3.
SECTION 5. Section 65-37-15, Mississippi Code of 1972, is amended as follows:
65-37-15. Notwithstanding
any other provisions of this chapter, when all deficient bridges of a county * * *
have been replaced or are under contract for replacement or rehabilitation,
then monies in the Local System Bridge Replacement and Rehabilitation Fund
created under Section 65-37-13, that are allocated to a particular county may
be expended for (a) the purpose of paying the principal, interest and debt
service on any bonds, notes or obligations issued or incurred by that county
before the effective date of this chapter for the purpose of replacing or
rehabilitating any bridge or drainage-related structure on any highway, road or
street under the jurisdiction of that county, (b) on bridges in the State Aid
Road System, or (c) if bridges in the State Aid Road System of that county are
in sufficient repair, such monies may be utilized for the repair of roads on
the State Aid Road System or local system roads, upon presentation to the State
Aid Engineer of a resolution duly adopted and entered on the minutes of the
board of supervisors of such county requesting such expenditure and reciting in
the resolution such information as may be necessary for the State Aid Engineer
to determine that the county is eligible for expenditure of funds under the
provisions of this section.
SECTION 6. Section 65-37-5, Mississippi Code of 1972, is brought forward as follows:
65-37-5. In administering the provisions of this chapter, the State Aid Engineer shall have the following powers and duties:
(a) To supervise the use of all funds made available under this chapter for local bridge replacement and rehabilitation projects on local road systems;
(b) To review and certify all projects for which funds are authorized to be made available under this chapter for local bridge replacement and rehabilitation projects on local road systems;
(c) To requisition monies in the Local System Bridge Replacement and Rehabilitation Fund and pay and distribute those monies on a project-by-project basis in accordance with the allocation formula established by Section 65-37-3;
(d) To insure that each four-year plan submitted by a county to the State Aid Engineer and the funds allocated to a county under this chapter provide for an equitable distribution of projects and funds among the county and incorporated municipalities located therein based upon the number and costs of deficient bridges in both the county and the municipalities;
(e) To establish and require specific designs and standards to be followed by the counties in replacing and rehabilitating bridges under this chapter, which designs and standards shall equal or exceed the design and standards prescribed for bridges on the state aid road system;
(f) To maintain an accurate record of all local bridge replacement and rehabilitation funds allocated to counties and of the number of bridges replaced or rehabilitated, their location and the costs for each project. Such records shall be kept separate from other records of the Office of State Aid Road Construction;
(g) To periodically notify the counties of bridges eligible for replacement and rehabilitation under the provisions of this chapter;
(h) To adopt and promulgate such rules and regulations as may be necessary or desirable for the purpose of implementing the provisions of this chapter; and
(i) To file annually with the Legislature a report detailing how monies in the Local System Bridge Replacement and Rehabilitation Fund were spent during the preceding fiscal year in each county, including in the incorporated municipalities of each county, the number of projects approved and constructed, the length of bridges completed and the cost per foot of each bridge constructed.
SECTION 7. Section 65-37-9, Mississippi Code of 1972, is brought forward as follows:
65-37-9. Engineering costs for any project performed under Sections 65-37-1 through 65-37-15, including the salaries or fees of the engineer, may be paid from the Local Bridge Replacement Rehabilitation Fund allocations to a county; however, the maximum fee paid to an engineer from the fund shall not exceed twelve percent (12%) of the final construction cost, with the methods of payment to be approved by the State Aid Engineer under regulations promulgated by the State Aid Engineer. No such costs shall be paid to an engineer before the letting of the project.
SECTION 8. Section 65-37-13, Mississippi Code of 1972, is brought forward as follows:
65-37-13. (1) There is created in the State Treasury a special fund to be designated as the "Local System Bridge Replacement and Rehabilitation Fund." The fund shall consist of monies that the Legislature appropriates under subsection (2) of this section, the proceeds of bonds issued under Section 10 of Chapter 557, Laws of 2009, and any other monies that the Legislature may designate for deposit into the fund. Monies in the fund may be expended upon legislative appropriation in accordance with the provisions of Sections 65-37-1 through 65-37-15.
(2) (a) During each regular legislative session held in calendar years 1995, 1996, 1997 and 1998, if the official General Fund revenue estimate for the succeeding fiscal year for which appropriations are being made reflects a growth in General Fund revenues of three percent (3%) or more for that succeeding fiscal year, then the Legislature shall appropriate Twenty-five Million Dollars ($25,000,000.00) from the State General Fund for deposit into the Local System Bridge Replacement and Rehabilitation Fund.
(b) During the regular legislative session held in calendar year 1999, if the official General Fund revenue estimate for the succeeding fiscal year for which appropriations are being made reflects a growth in General Fund revenues of two percent (2%) or more for the succeeding fiscal year, then the Legislature shall appropriate Ten Million Dollars ($10,000,000.00) from the State General Fund for deposit into the Local System Bridge Replacement and Rehabilitation Fund.
(c) Except as otherwise provided in this paragraph (c), during each regular legislative session held in calendar years 2001 through 2017, if the official General Fund revenue estimate for the succeeding fiscal year for which appropriations are being made reflects a growth in General Fund revenues of two percent (2%) or more for the succeeding fiscal year, then the Legislature shall appropriate Twenty Million Dollars ($20,000,000.00) from the State General Fund for deposit into the Local System Bridge Replacement and Rehabilitation Fund. However, during the regular legislative sessions held in calendar years 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2014, 2015 and 2016 the Legislature shall not be required to appropriate funds for deposit into the Local System Bridge Replacement and Rehabilitation Fund.
(3) Monies that are deposited into the fund under the provisions of this section may be expended upon requisition therefor by the State Aid Engineer in accordance with the provisions of Sections 65-37-1 through 65-37-15. The Office of State Aid Road Construction shall be entitled to reimbursement from monies in the fund, upon requisitions therefor by the State Aid Engineer, for the actual expenses incurred by the office in administering the provisions of the Local System Bridge Replacement and Rehabilitation Program. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.
(4) Monies in the Local System Bridge Replacement and Rehabilitation Fund shall be allocated and become available for distribution to counties in accordance with the formula prescribed in Section 65-37-3 beginning January 1, 1995, on a project-by-project basis. Monies in the Local System Bridge Replacement and Rehabilitation Fund may not be used or expended for any purpose except as authorized under Sections 65-37-1 through 65-37-15.
(5) Monies in the Local System Bridge Replacement and Rehabilitation Fund may be credited to a county in advance of the normal accrual to finance certain projects, subject to the approval of the State Aid Engineer and subject further to the following limitations:
(a) That the maximum amount of such monies that may be advanced to any county shall not exceed ninety percent (90%) of the funds estimated to accrue to such county during the remainder of the term of office of the board of supervisors of such county;
(b) That no advance credit of funds will be made to any county when the unobligated balance in the Local System Bridge Replacement and Rehabilitation Fund is less than One Million Dollars ($1,000,000.00); and
(c) That such advance crediting of funds be effected by the State Aid Engineer at the time of the approval of the plans and specifications for the proposed projects.
It is the intent of this provision to utilize to the fullest practicable extent the balance of monies in the Local System Bridge Replacement and Rehabilitation Fund on hand at all times.
SECTION 9. This act shall take effect and be in force from and after July 1, 2019.