Senate Bill 3010

(As Passed the Senate)

AN ACT TO AMEND SECTION 65-1-705, MISSISSIPPI CODE OF 1972, TO ABOLISH THE MULTI-MODAL FUND COMMITTEE AND TO REVISE THE MEMBERSHIP OF THE PORT MULTI-MODAL FUND COMMITTEE; TO AMEND SECTION 65-1-707, MISSISSIPPI CODE OF 1972, TO DELETE THE 5% DISCRETIONARY DISTRIBUTION OF MULTI-MODAL FUNDS BY THE DEPARTMENT OF TRANSPORTATION; TO DELETE DISCRETIONARY MULTIYEAR COMMITMENT TO FUNDING; TO AMEND SECTION 65-1-709, MISSISSIPPI CODE OF 1972, TO REVISE THE MEMBERSHIP OF THE JOINT LEGISLATIVE MULTI-MODAL FUND OVERSIGHT COMMITTEE; TO REPEAL SECTION 65-1-711, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE REPEAL OF THE MULTI-MODAL TRANSPORTATION IMPROVEMENT PROGRAM; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 65-1-705, Mississippi Code of 1972, is amended as follows:

65-1-705. * * *

(1) (a) There is hereby created the Port Multi-Modal Fund Committee whose membership shall consist of:

(i) Seven (7) directors of * * * ports, appointed by the President of the Mississippi Water Resources Association, or their designees, as follows: three (3) directors of the coastal ports and four (4) directors of the inland river ports;

(ii) The Executive Director of MDA, or his designee;

(iii) The Executive Director of MDOT, or his designee; and

(iv) The Executive Director of the Mississippi Water Resources Association, or his designee.

(b) A majority of the membership of the committee shall constitute a quorum. MDOT shall call meetings of the committee and shall call a meeting for the purpose of reviewing and approving applications as required in Section 65-1-707 by not later than August 1 of each fiscal year.

(2) (a) There is hereby created an Airport Multi-Modal Fund Committee whose membership shall consist of:

(i) Five (5) directors of airports appointed by the President of the Mississippi Airport Association, or their designees, at least three (3) of whom shall represent airports with commercial passenger service;

(ii) The Executive Director of MDA, or his designee; and

(iii) The Executive Director of MDOT, or his designee.

(3) (a) There is hereby created the Railroad Multi-Modal Fund Committee whose membership shall consist of:

(i) The director of each railroad, or his designee;

(ii) The Executive Director of MDA, or his designee; and

(iii) The Executive Director of MDOT, or his designee.

(4) (a) There is hereby created the Public Transit Multi-Modal Fund Committee whose membership shall consist of:

(i) Three (3) directors of transit systems, other than the Coast Transit Authority and the City of Jackson Transit System serving the greater Jackson urbanized area, appointed by the President of the Mississippi Public Transit Association, or their designees;

(ii) The Executive Director of MDA, or his designee; and

(iii) The Executive Director of MDOT, or his designee.

SECTION 2. Section 65-1-707, Mississippi Code of 1972, is amended as follows:

65-1-707. (1) During each state fiscal year, MDOT shall distribute * * * the money in the fund among the various modes as follows:

(a) Thirty-eight percent (38%) shall be distributed to ports;

(b) Thirty-four percent (34%) shall be distributed to airports;

(d) Twelve percent (12%) shall be distributed to railroads.

* * *

(2) In order for a port to receive money allocated under subsection (1) of this section, the port shall file an application with MDOT describing how the funds will be used and shall provide such other information as MDOT may require. Such applications shall be reviewed by the Port Multi-Modal Fund Committee. The Port Multi-Modal Fund Committee shall decide which applications shall be approved and the amount of funding for each approved application based upon such criteria as it shall consider appropriate; provided, however, that no application shall be approved or funds distributed pursuant to this article unless the expenditure of such funds shall be:

(a) Directly related to dredging, capital improvements or the rebuilding or rehabilitation of basic infrastructure and not for routine maintenance, administrative or operational expenses;

(b) For a project or use directly related to the operation of the port in its modal role; and

(3) In order for an airport to receive money allocated under subsection (1) of this section, the airport shall file an application with MDOT describing how the funds will be used and shall provide such other information as MDOT may require. Such applications shall be reviewed by the Airport Multi-Modal Fund Committee. The Airport Multi-Modal Fund Committee shall decide which applications shall be approved and the amount of funding for each approved application based upon such criteria as it shall consider appropriate; provided, however, that no application shall be approved or funds distributed pursuant to this article unless the expenditure of such funds shall be:

(a) Directly related to capital improvements or the rebuilding or rehabilitation of basic infrastructure and not for routine maintenance, administrative or operational expenses;

(b) For a project or use directly related to the operation of the airport in its modal role; and

(4) In order for a railroad to receive money allocated under subsection (1) of this section, the railroad shall file an application with MDOT describing how the funds will be used and shall provide such other information as MDOT may require. Such applications shall be reviewed by the Railroad Multi-Modal Fund Committee. The Railroad Multi-Modal Fund Committee shall decide which applications shall be approved and the amount of funding for each approved application based upon such criteria as it shall consider appropriate; provided, however, that no application shall be approved or funds distributed pursuant to this article unless the expenditure of such funds shall be:

(a) Directly related to capital improvements or the rebuilding or rehabilitation of basic infrastructure and not for routine maintenance, administrative or operational expenses;

(b) For a project or use directly related to the operation of the railroad in its modal role; and

(5) (a) Thirty percent (30%) of the money allocated for transit systems under subsection (1) of this section shall be distributed by MDOT to Coast Transit Authority.

(b) Thirty percent (30%) of the money allocated for transit systems under subsection (1) of this section shall be distributed by MDOT to the City of Jackson Transit System serving the greater Jackson urbanized area.

(c) The remainder of the money allocated for transit systems under subsection (1) of this section shall be distributed by MDOT among other transit systems. In order to receive funds under subsection (1) of this section, any such transit system shall file an application with MDOT describing how the money will be used and shall provide such other information as MDOT may require. Such applications shall be reviewed by the Public Transit Multi-Modal Fund Committee. The Public Transit Multi-Modal Fund Committee shall decide which applications shall be approved and the amount of funding for each approved application based upon such criteria as it shall consider appropriate.

(6) As a condition for the receipt of any funds distributed under this section, the port, airport, railroad or transit system shall be required to fund, from public or private sources, not more than ten percent (10%) of the total cost of the project or purpose for which the funds are to be spent. The percentage amount of such matching fund requirement shall be determined by MDOT. In addition to such other contributions and expenditures as may be considered acceptable by MDOT, in-kind contributions and expenditures for the following shall be credited toward the above matching requirement:

(a) Pre-construction studies, planning and design;

(b) Personal property acquisition;

(d) Professional services; and

(e) Construction.

(7) In addition to such other expenditures as may be deemed appropriate by MDOT or hereunder, money distributed from the fund may be used to meet federal matching fund requirements and for pre-construction studies, planning and design; personal property acquisition; real property acquisition, reclamation and related relocation costs; professional services; and construction.

* * *

SECTION 3. Section 65-1-709, Mississippi Code of 1972, is amended as follows:

65-1-709. (1) There is hereby created the Joint Legislative Multi-Modal Fund Committee which shall consist of * * * the Chairman of the Senate Highways and Transportation Committee, or his designee; the Chairman of the Senate Ports and Marine Resources Committee, or his designee; * * * the Chairman of the House Transportation Committee, or his designee; and the Chairman of the House Ports, Harbors and Airports Committee, or his designee * * *. Administration of this article shall be subject to oversight by the Joint Legislative Multi-Modal Fund Committee.

(2) MDOT shall annually prepare at its expense a written report on administration of the fund * * * which shall include, without limitation, a description of all applications for funding received under this article, the status of each application, the criteria used to evaluate such application, and an analysis of the return and benefits from funding projects under this article * * *. MDOT shall consult with the committees established in Section 65-1-705 when preparing such report and provide sufficient copies of the report at no cost to such committees. MDOT shall submit such report to the Joint Legislative Multi-Modal Fund Committee by not later than September 1 of each year.

SECTION 4. Section 65-1-711, which provides for the repeal of Sections 65-1-701 through 65-1-709 establishing the Multi-Modal Transportation Improvement Program, is hereby repealed.

SECTION 5. This act shall take effect and be in force from and after July 1, 2004.