Senate Bill 2457

AN ACT TO ENACT THE REPAIR OUR INFRASTRUCTURE (ROI) ACT; TO STATE LEGISLATIVE FINDINGS AND INTENT; TO DEFINE TERMS; TO ESTABLISH THE REPAIR OUR INFRASTRUCTURE (ROI) PROGRAM WITHIN THE DEPARTMENT OF FINANCE AND ADMINISTRATION IN ORDER TO DISTRIBUTE INFRASTRUCTURE FUNDS TO the MUNICIPALITIES AND COUNTIES IN THIS STATE; TO DIRECT MUNICIPALITIES TO EXPEND THE MONIES RECEIVED UNDER THIS ACT TO PAY FOR REPAIR TO ROADS, STREET, BRIDGES, WATER INFRASTRUCTURE, STORMWATER INFRASTRUCTURE AND/OR SEWER INFRASTRUCTURE; TO DIRECT COUNTIES TO EXPEND THE MONIES RECEIVED UNDER THIS ACT TO PAY FOR REPAIR TO ROADS, STREETS, BRIDGES AND/OR STORMWATER INFRASTRUCTURE; TO SET OUT THE FORMULAS BY WHICH THE DEPARTMENT IS TO DISTRIBUTE THE FUNDS UNDER THE PROGRAM; TO PROVIDE THAT THE DEPARTMENT OF AUDIT SHALL HAVE THE NECESSARY POWERS AND IT SHALL BE THE DUTY OF THE DEPARTMENT OF AUDIT TO AUDIT ANY FUNDS DISTRIBUTED TO ANY MUNICIPALITY OR ANY COUNTY UNDER THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the "Repair Our Infrastructure (ROI) Act."

SECTION 2. (1) The Legislature finds:

(a) That reliable infrastructure is critically important to the health of the economy and the state as a whole;

(b) That investment in infrastructure benefits all areas of the economy from transportation, health care and education to opportunities for employment, recreation and tourism; and

(c) That local government is uniquely positioned to assess the needs of their communities and efficiently address those needs.

(2) Therefore, it is the intent of the Legislature to promote the development of local infrastructure projects that serve the needs of the public.

SECTION 3. As used in this act, the following terms have the meaning herein ascribed unless the context clearly requires otherwise:

(a) "County distribution formula" means the formula provided in Section 6(2) of this act.

(b) "Department" means the Department of Finance and Administration.

(d) "Program" means the Repair Our Infrastructure Program established in Section 4 of this act.

SECTION 4. (1) There is established the Repair Our Infrastructure (ROI) Program within the Department of Finance and Administration to distribute infrastructure funds to the municipalities and counties of the state.

(2) Of the funds appropriated to the program, the department shall distribute:

(a) One-half (1/2) to the municipalities according to the municipal distribution formula; and

(b) One-half (1/2) to the counties according to the county distribution formula.

(2) The department shall distribute the monies under this act no later than August 1, 2023.

SECTION 5. (1) A municipality shall expend the monies received from the department under this act in paying costs associated with:

(a) The repair, maintenance and reconstruction of roads, streets and bridges in municipalities; and/or

(b) The repair, maintenance and other improvements to water infrastructure, stormwater infrastructure and sewer infrastructure belonging to, maintained by, or used by the municipality.

(2) A county shall expend the monies received from the department under this act in paying costs associated with:

(a) The repair, maintenance and reconstruction of roads, streets and bridges in counties; and/or

(b) The repair, maintenance and other improvements to stormwater infrastructure belonging to, maintained by, or used by the county.

SECTION 6. (1) The municipal distribution formula shall be as follows:

(a) Three Million Dollars ($3,000,000.00) shall be allocated to all municipalities in equal shares; and

(b) The remainder of the funds shall be allocated as follows:

(i) One-half (1/2) shall be allocated to municipalities based on the proportion that the population of a municipality according to the most recent federal decennial census bears to the total population of all municipalities in the state according to the most recent federal decennial census, and

(ii) One-half (1/2) shall be allocated to municipalities based on the proportion that the amount of sales tax revenue distributed to a municipality during the preceding fiscal year under Section 27-65-75(1)(a) bears to the total amount of sales tax revenue distributed to all municipalities during the preceding fiscal year under Section 27-65-75(1)(a).

(2) The county distribution formula shall be as follows:

(a) One-third (1/3) shall be allocated to all counties in equal shares;

(b) One-third (1/3) shall be allocated to counties based on the proportion that the total number of rural road miles in a county bears to the total number of rural road miles in all counties of the state; and

(c) One-third (1/3) shall be allocated to counties based on the proportion that the rural population of a county bears to the total rural population in all counties of the state, according to the latest federal decennial census. Rural road miles and rural road population in the counties shall be determined in the same manner as they are determined for the purposes of the distribution formula in Section 65-9-3.

(3) The Department of Revenue and the Department of Transportation shall coordinate with the department in implementing the formulas provided in this section if requested by the department.

SECTION 7. The Department of Audit shall have the necessary powers and it shall be the duty of the Department of Audit to audit any funds distributed to any municipality or any county under this act.

SECTION 8. This act shall take effect and be in force from and after July 1, 2023.