MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Transportation; Appropriations
By: Representatives Busby, Faulkner
AN ACT TO AMEND SECTION 65-37-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT BRIDGES MUST BE DEFICIENT AS DETERMINED BY THE NATIONAL BRIDGE INSPECTION STANDARDS TO BE ELIGIBLE UNDER THE LOCAL SYSTEM BRIDGE REPLACEMENT AND REHABILITATION PROGRAM; TO AMEND SECTION 65-37-3, MISSISSIPPI CODE OF 1972, TO REVISE AND CREATE CERTAIN DEFINITIONS RELATED TO THE LOCAL SYSTEM BRIDGE REPLACEMENT AND REHABILITATION PROGRAM; TO REVISE THE ALLOCATION FORMULA FOR THE LOCAL SYSTEM BRIDGE REPLACEMENT AND REHABILITATION FUND; TO AMEND SECTIONS 65-37-7, 65-37-11 AND 65-37-15, MISSISSIPPI CODE OF 1972, TO CONFORM; 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 as determined by the National
Bridge Inspection Standards sufficiency rating 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 a
deficient bridge as defined by Section 65-37-3 (1)(a).
(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 * * * with
a condition rating of fair or less for its deck, superstructure or
substructure, as determined by National Bridge Inspection Standards and that is
included on the latest annual bridge inventory prepared by the Office of State
Aid Road Construction.
(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.
(c) "Local system bridge" means a bridge that is included on the latest annual official bridge inventory prepared by the Office of State Aid Road Construction, excluding bridges on the state aid road system, the municipal urban system and the rural major collector system.
(d) "Bridge" means a bridge that is included on the latest annual official bridge inventory prepared by the Office of State Aid Road Construction.
(2) (a) Except as otherwise provided in paragraph (b) of this subsection (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:
( * * *i) 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
( * * *ii) 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.
(b) From the funds on deposit and credited to the Local System Bridge Replacement and Rehabilitation Fund created in Section 65-37-13, which are deposited into this fund after the effective date of this act, each county shall be allocated a percentage of such funds as they become available, which percentage shall be based:
(i) One-half (1/2) on the proportion that the total number of local system bridges in the county bears to the total number of local system bridges in all counties of the state; and
(ii) One-half (1/2) on the proportion that the total square footage of deck area of all local system bridges in the county bears to the total square footage of deck area of all local system bridges 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 * * *
this chapter, 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 * * *
this chapter 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 * * *
this chapter 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 * * *
this chapter and the State Aid Engineer shall not certify the use or
expenditure of such monies on any bridge that * * * is not a
deficient bridge as defined by Section 65-37-3(1)(a), 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 * * *
this chapter * * * 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:
(a) Be eligible
for the expenditure of funds allocated to it * * *
according to the formula established in Section 65-37-3(2)(a) for:
( * * *i) 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;
( * * *ii) The Local System Road Program
established pursuant to Sections 65-18-1 through 65-18-17; and
( * * *iii) The matching of federal funds for
expenditure on state aid roads and bridge replacement in accordance with
Section 65-9-29 * * *;
and
(b) Be eligible for the expenditure of funds allocated to it according to the formula established in Section 65-37-3(2)(b) solely for the preservation, maintenance and rehabilitation of local system bridges of the county which are deficient bridges as defined in Section 65-37-3(1)(a).
(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 * * *
this chapter, 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 this chapter.
(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 this chapter 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, as defined
by Section 65-37-3(1)(a), 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. This act shall take effect and be in force from and after July 1, 2020.