House Bill 584

AN ACT TO CREATE A GRANT PROGRAM TO ASSIST MUNICIPALITIES IN THE CONSTRUCTION, IMPROVEMENT AND MAINTENANCE OF HIGHWAYS, ROADS AND STREETS, INCLUDING GRADE AND DRAINAGE STRUCTURES AND DEVICES AND RELATED INFRASTRUCTURE PROJECTS, WITHIN AND UNDER THE JURISDICTION AND CONTROL OF A MUNICIPALITY; TO PROVIDE THAT THE PROGRAM SHALL BE ADMINISTERED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO REQUIRE CERTAIN INFORMATION TO BE PROVIDED TO THE MISSISSIPPI DEVELOPMENT AUTHORITY BY PROGRAM APPLICANTS; TO ESTABLISH CERTAIN CRITERIA THAT THE MISSISSIPPI DEVELOPMENT AUTHORITY SHALL CONSIDER IN EVALUATING SUCH PROJECTS; TO CREATE A SPECIAL FUND IN THE STATE TREASURY INTO WHICH MONIES APPROPRIATED BY THE LEGISLATURE OR OTHERWISE MADE AVAILABLE FROM ANY OTHER DESIGNATED SOURCE SHALL BE DEPOSITED; TO PROVIDE THAT MONIES IN THE SPECIAL FUND MAY BE DISTRIBUTED AS GRANTS TO APPLICANTS APPROVED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY AND MAY BE EXPENDED BY MUNICIPALITIES FOR THE PURPOSES AUTHORIZED BY THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. For the purposes of this act, the following words shall have the meanings ascribed to them in this section unless the context clearly indicates otherwise:

(a) "MDA" means the Mississippi Development Authority.

(b) "Municipality" means any incorporated municipality within the state.

(c) "Project" means construction, reconstruction, expansion, improvement and/or maintenance and repair of highways, roads and streets (roadways) within and under the jurisdiction and control of a municipality, including attendant grade and drainage structures and devices, location of new and relocation of existing utilities distribution lines and facilities, and related roadway infrastructure improvements. The term "project" also includes planning, design and engineering and the acquisition of real property necessary to accomplish such improvements.

SECTION 2. (1) The MDA shall establish a program to provide grants to municipalities from the special fund created under Section 3 of this act. The governing authorities of a municipality desiring to participate in the grant program may apply to the MDA for a grant under this act by submitting an application to the MDA which shall include, at a minimum:

(a) A detailed description of the project, the project location and the purpose for which the project is proposed;

(b) An estimate of the total cost of the project and the amount and source of all funds, if any, that the municipality has committed or is willing to commit to the project; and

(2) The MDA shall receive, evaluate and assess each application submitted to it and, in determining whether to approve an application, shall consider the following criteria:

(a) The population density within the project area, including past and future estimates of population growth;

(b) The traffic count and traffic congestion within the project area;

(d) The current and future potential for economic, residential, commercial, industrial and recreational growth and development within and surrounding the corporate boundaries of the municipality, and the extent to which the proposed project may have a favorable impact upon such growth and development; and

(e) Any other criteria that the MDA considers relevant.

SECTION 3. (1) There is created in the State Treasury a special fund to be designated as the "Municipal Street, Road and Highway Grant Program Fund," which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into the fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used to make grants to municipalities to assist in them in performing projects under this act.

(2) The MDA may use monies in the fund to pay for the services of engineers, attorneys and such other advisors, consultants and agents that the MDA determines are necessary to review grant applications and to implement and administer the program established under this act.

SECTION 4. The MDA shall have all powers necessary to implement and administer the program established under this act, and the MDA shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, as may be necessary for the implementation of this act.

SECTION 5. This act shall take effect and be in force from and after July 1, 2007.