Bill Text: MS HB1022 | 2017 | Regular Session | Introduced
Bill Title: Mississippi Department of Transportation; provide that Legislature shall not appropriate state funds for new construction projects for a period of 10 years.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2017-01-31 - Died In Committee [HB1022 Detail]
Download: Mississippi-2017-HB1022-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Transportation; Revenue and Expenditure General Bills
By: Representatives Turner, Arnold, Foster
House Bill 1022
AN ACT TO PROVIDE THAT THE LEGISLATURE SHALL NOT APPROPRIATE ANY STATE FUNDS TO THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF EXPENDITURE ON ANY NEW STATE HIGHWAY OR BRIDGE CONSTRUCTION PROJECT FOR A PERIOD OF TEN YEARS; TO PROVIDE THAT THE LEGISLATURE SHALL NOT BE PROHIBITED FROM APPROPRIATING STATE FUNDS TO THE DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF ANY EXISTING STATE HIGHWAY OR BRIDGE; TO PROVIDE THAT THE LEGISLATURE MAY APPROPRIATE FUNDS FOR NEW CONSTRUCTION PROJECTS UNDER CERTAIN CONDITIONS; AMEND SECTION 65-1-145, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE MISSISSIPPI TRANSPORTATION COMMISSION FROM EXPENDING FUNDS FOR NEW CONSTRUCTION PROJECTS UNLESS AUTHORIZED UNDER THIS ACT; TO AMEND SECTION 65-3-97, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY FUNDS DESIGNATED FOR THE FOUR-LANE HIGHWAY PROGRAM SHALL BE USED FOR THE MAINTENANCE OF EXISTING HIGHWAYS AND BRIDGES FOR A PERIOD OF TEN YEARS; TO BRING FORWARD SECTION 65-1-141, 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. (1) Except as provided in subsection (2) of this section, the Legislature, from July 1, 2017, until July 1, 2027, shall not appropriate any state funds to the Mississippi Department of Transportation for the purpose of expenditure on any new state highway or bridge construction projects that were not let prior to July 1, 2017. Nothing in this subsection (1) shall be construed as prohibiting the Legislature from appropriating funds for the maintenance of any existing state highways and bridges or from appropriating any funds received by the state from the federal government for purposes of new construction.
(2) The Legislature may appropriate the following state funds to the Mississippi Department of Transportation for expenditure on any new highway or bridge construction project let after July 1, 2017:
(a) Funds for use on specific projects authorized in an appropriation bill, which shall include a description of the project and the amount of funds appropriated to it.
(b) Funds from the proceeds of bonds that have been issued for the purpose of expenditure on any new construction project.
(b) Funds that the Legislature is specifically required to appropriate under any general law that does not include a provision that limits the appropriation or use of funds to maintenance purposes.
(3) It is the intent of the Legislature that the funds previously used for new construction shall be used for maintenance.
SECTION 2. Section 65-1-145, Mississippi Code of 1972, is amended as follows:
65-1-145. (1) The expenditure of funds now or hereafter available for the construction and reconstruction of primary and secondary roads by the Mississippi Transportation Commission, after having determined the priority in accordance with the requirements of Section 65-1-141 hereof, shall be as follows:
(a) Four-lane roads shall be constructed using the existing two-lane roads as part of such construction along portions of highways where the most recent average daily traffic count exceeds thirty percent (30%) of the route segment's capacity.
(b) Along such portions of highways where the most recent average daily traffic count does not exceed thirty percent (30%) of the capacity, two-lane roads shall be constructed, or existing two (2) lanes shall be widened, overlayed and reconstructed. Along such two-lane portions of highways passing lanes may be constructed where traffic congestion or special hazards dictate, or, where such two-lane segment connects two (2) existing four-lane roads, such segment may be constructed as a four-lane road for road continuity, using the existing two-lane road as part of such construction.
(c) Four-lane, full-control or limited access highways bypassing municipalities shall not be constructed until the Transportation Commission determines that the most recent average daily traffic count exceeds sixty percent (60%) of an existing two-lane route's capacity or determines that within a reasonable period of time after construction of such a four-lane, full-control or limited access municipal bypass the average daily traffic count will exceed sixty percent (60%) of an existing two-lane route's capacity. In no event shall such a bypass be constructed until approved by the Legislature by an appropriation of highway funds for a specific bypass, the construction of which has been recommended by the Executive Director of the Transportation Department pursuant to an order of the Transportation Commission duly recorded in the minutes of the commission and included in the three-year plan prepared pursuant to Section 65-1-141.
(d) Four-lane facilities may be constructed without using existing roadways as a part of such construction where it is necessary to construct four-lanes on new location because of bad alignment of existing roadway or where it is necessary to relocate or realign such roadway so as to connect with a four-lane facility in an adjoining state.
(e) Any four-lane bypass project of which all, or any portion thereof, is presently under construction, or let to contract, or which has been partially completed, except where right-of-way only has been acquired, may be completed in its entirety.
(f) Notwithstanding any limitation imposed above on the construction of four-lane roads, through June 30, 2007, contracts to construct four-lane roads may be let when (i) the federal government has provided money for four-laning a specific highway project, (ii) four-laning will enhance the current economic development of the area in which the four-lane road will be constructed, or (iii) the four-lane road to be constructed will connect with an existing four-lane road.
Before a route location is submitted to the Federal Highway Administration for approval, appropriate identification of the proposed route must be spread upon the minutes of the Mississippi Transportation Commission and approved by an affirmative vote of all three (3) transportation commissioners. Where a route location has been approved by the Federal Highway Administration and a relocation of the route is contemplated, the same procedure of advertisement and hearings upon request must be followed which is used in reaching an initial route location. Any change in location must be spread upon the minutes of the Mississippi Transportation Commission and be approved by an affirmative vote of all three (3) commissioners. The Mississippi Transportation Commission may alter construction standards of an approved route by an affirmative vote of all three (3) commissioners; provided that such change is in conformity with items (a), (b), (c), (d), (e) and (f) of this subsection.
(2) No state monies shall be expended on any construction project unless a Transportation Department engineer shall be assigned to such project.
(3) Notwithstanding any provision of this section to the contrary, no state monies shall be expended on any new state highway or bridge construction project let after July 1, 2017, unless such project is either specifically appropriated funds by the Legislature or is not required to be specifically appropriated funds in accordance with Section 1 of this act.
SECTION 3. Section 65-3-97, Mississippi Code of 1972, is amended as follows:
65-3-97. (1) In addition to and including all other highways designated as a part of the state highway system, there is hereby designated as a part thereof a four-lane highway system to connect various areas of the state with interstate and primary highways. For the segments described in subsection (3) of this section, the Mississippi Department of Transportation shall construct and reconstruct four-lane highways, that is, not less than two (2) lanes for traffic flowing in each direction, along the routes designated in this section.
(2) In the construction and reconstruction of the four-lane highway system designated in subsection (3) of this section, the Mississippi Department of Transportation may utilize the roadway of any existing highway under its jurisdiction and control and shall do so when such utilization is feasible, provided that such highways which are utilized shall be constructed to current standards for such roadways. When it is not feasible to utilize existing designated highways, the Transportation Department shall relocate such highways and construct entirely new facilities whether in urban or rural areas.
(3) Construction of the four-lane highway system designated in this subsection shall commence, proceed and be performed by the Mississippi Department of Transportation strictly in accordance with the following set of priorities established for the letting of contracts on and along various segments thereof:
(a) Of the following group of highway segments not less than fifteen percent (15%) of all contracts necessary to be let for completion of all segments within the group shall be let by June 30, 1988, not less than thirty percent (30%) of such contracts shall be let by June 30, 1989, not less than fifty percent (50%) of such contracts shall be let by June 30, 1990, not less than seventy percent (70%) of such contracts shall be let by June 30, 1991, not less than ninety percent (90%) of such contracts shall be let by June 30, 1992, and one hundred percent (100%) of such contracts shall be let by June 30, 1993:
(i) Highway segments along or near U.S. 45 beginning at the Clarke/Lauderdale county line and extending northerly to I-59; then beginning at Macon and extending northerly to Brooksville; then beginning at Columbus Air Force Base and extending northerly to Aberdeen; then beginning at U.S. 278 and extending northerly to Shannon; then beginning at Saltillo and extending northerly to Corinth.
(ii) Highway segments along or near U.S. 45A beginning at U.S. 82 and extending northerly to West Point; then beginning four (4) miles south of Okolona and extending northerly to Shannon.
(iii) A highway segment along or near U.S. 49W beginning at U.S. 49 and extending westerly through Yazoo City to the Yazoo River.
(iv) A highway segment along or near U.S. 49W beginning at Inverness and extending northerly to Indianola.
(v) A highway segment along or near U.S. 61 beginning at Port Gibson and extending northerly to the four-lane south of Vicksburg.
(vi) Highway segments along or near U.S. 72 beginning at or near Mt. Pleasant and extending southeasterly to Mississippi 5; then beginning at Walnut and extending southeasterly to Corinth; then beginning at Strickland and extending southeasterly to Burnsville.
(vii) Highway segments along or near U.S. 78 beginning at Holly Springs and extending southeasterly to the New Albany bypass; then beginning at Mississippi 25 and extending southeasterly to Tremont.
(viii) Highway segments along or near U.S. 82 beginning at I-55 and extending easterly to Kilmichael; then beginning at Eupora and extending easterly to Mathiston; then beginning at Mississippi 12 and extending easterly to the Alabama state line.
(ix) A highway segment along or near U.S. 84 beginning at I-59 and extending easterly to the Jones/Wayne county line.
(x) Highway segments along or near U.S. 98 beginning at Columbia and extending easterly to the Marion/Lamar county line; then beginning at U.S. 49 and extending southeasterly to the Alabama state line.
(b) Of the following group of highway segments not less than five percent (5%) of all contracts necessary to be let for completion of all segments within the group shall be let by June 30, 1991, not less than ten percent (10%) of such contracts shall be let by June 30, 1992, not less than twenty-five percent (25%) of such contracts shall be let by June 30, 1993, not less than forty percent (40%) of such contracts shall be let by June 30, 1994, not less than fifty-five percent (55%) of such contracts shall be let by June 30, 1995, not less than seventy percent (70%) of such contracts shall be let by June 30, 1996, not less than eighty-five percent (85%) of such contracts shall be let by June 30, 1997, and one hundred percent (100%) of such contracts shall be let by June 30, 1998:
(i) Highway segments along or near Mississippi 25 beginning at Mississippi 471 and extending northeasterly to Mississippi 43; then beginning at the Winston/Oktibbeha county line and extending northeasterly to Starkville.
(ii) A highway segment along or near Mississippi 63 beginning at the Jackson/George county line and extending northerly to Lucedale.
(iii) A highway segment along or near Mississippi 302 beginning at I-55 in Southaven and extending easterly to U.S. 72 at or near Mt. Pleasant.
(iv) Highway segments along or near U.S. 45 beginning at the Alabama state line and extending northerly to the Clarke/Lauderdale county line; then beginning at Lauderdale and extending northerly to Macon; then beginning at Aberdeen and extending northerly to U.S. 278.
(v) A highway segment along or near U.S. 45A beginning at West Point and extending northerly to four (4) miles south of Okolona.
(vi) A highway
segment beginning at Brooksville along or near U.S. 45 or U.S. 45A and
extending northerly to U.S. 82 * * *.
(vii) A highway segment along or near U.S. 49W beginning at the Yazoo River and extending northerly to Inverness.
(viii) Highway segments along or near U.S. 61 beginning at the Louisiana state line and extending northerly to the Wilkinson/Adams county line; then beginning at Washington and extending northerly to Port Gibson; then beginning at Merigold and extending northerly to Shelby; then beginning at the north end of the Clarksdale bypass and extending northerly to the Tennessee state line.
(ix) A highway segment along or near U.S. 72 beginning at Mississippi 5 and extending southeasterly to Walnut.
(x) A highway segment along or near U.S. 78 beginning at Tremont and extending southeasterly to the Alabama state line.
(xi) Highway segments along or near U.S. 82 beginning at the Montgomery/Webster county line and extending easterly to Eupora; then beginning at Mathiston and extending easterly to Starkville.
(xii) Highway segments along or near U.S. 84 beginning at Leesdale and extending easterly to Roxie; then beginning at Auburn Road and extending easterly to I-55; then beginning at the east end of the Brookhaven bypass and extending easterly to Prentiss; then beginning at the Jones/Covington county line and extending easterly to Horse Creek; then beginning at the Jones/Wayne county line and extending easterly to Waynesboro.
(xiii) Highway segments along or near U.S. 98 beginning at the Pike/Walthall county line and extending easterly to Columbia; then beginning at the Marion/Lamar county line and extending easterly to the four-lane west of Hattiesburg.
(c) Of the following group of highway segments not less than ten percent (10%) of all contracts necessary to be let for completion of all segments within the group shall be let by June 30, 1996, not less than twenty percent (20%) of such contracts shall be let by June 30, 1997, not less than forty percent (40%) of such contracts shall be let by June 30, 1998, and one hundred percent (100%) of such contracts shall be let by June 30, 1999:
(i) A highway segment along or near Mississippi 25 beginning at Mississippi 43 and extending northeasterly to the Winston/Oktibbeha county line.
(ii) A highway segment along or near Mississippi 63 beginning at Lucedale and extending northerly to U.S. 45 at State Line.
(iii) A highway segment along or near U.S. 61 beginning at Shelby and extending northerly to U.S. 49.
(iv) A highway segment along or near U.S. 82 beginning at Kilmichael and extending easterly to the Montgomery/Webster county line.
(v) Highway segments along or near U.S. 84 beginning at Eddiceton and extending easterly to Auburn Road; then beginning at Prentiss and extending easterly to Collins; then beginning at Waynesboro and extending easterly to the Alabama state line.
(4) (a) The Mississippi Department of Transportation shall construct and reconstruct four-lane highways, that is, not less than two (2) lanes for traffic flowing in each direction along the following routes:
(i) Highway segments along or near Mississippi 15 beginning at I-10 and extending northerly to the Mississippi/Tennessee state line.
(ii) A highway segment along or near Mississippi 6 beginning at or near U.S. 61 and extending easterly to or near I-55 at or near Batesville.
(iii) A highway segment along or near Mississippi 6 beginning at or near Mississippi 9 and extending easterly to U.S. 45.
(iv) A highway segment along or near Mississippi 25 beginning at or near U.S. 45 and extending northerly to or near Iuka, and the portion of such segment that is described in Section 65-3-137 shall be constructed in compliance with such section.
(v) A highway segment along or near Mississippi 43 beginning at or near the Stennis Airport and extending northerly and northwesterly to the Hancock/Pearl River county line.
(b) (i) Contracts for the highway segments designated in this subsection and subsection (5) of this section may be let after the letting of all contracts necessary for completion of the highway segments designated in subsection (3) of this section; however, contracts for the highway segments described in this subsection may be let concurrently with the letting of contracts for highway segments designated in subsection (3) of this section if funds are available and are not necessary to be utilized for the segments designated in subsection (3) of this section.
(ii) Contracts for highway segments designated in this subsection shall have priority over contracts for highway segments that have the same level of service in any priority schedule adopted by the Transportation Commission under subsection (5) of this section.
(iii) It is the intention of the Legislature that no contracts for highway segments in subsections (4) and (5) of this section may be let before all highway segments under subsection (3) of this section have been let for contract.
(c) In the construction and reconstruction of the four-lane highway segments designated in this subsection, the Mississippi Department of Transportation may utilize the roadway of any existing highway under its jurisdiction and control and shall do so when such utilization is feasible, provided that such highways which are utilized shall be constructed to current standards for such roadways. When it is not feasible to utilize existing designated highways, the Transportation Department shall relocate such highways and construct entirely new facilities whether in urban or rural areas.
(5) (a) (i) The Transportation Commission shall construct, upgrade or improve the segments described in paragraphs (f), (g) and (h) of this subsection, the projects described in Section 65-39-1 and other highway construction under its jurisdiction, in accordance with a priority schedule based upon a needs analysis performed by the Mississippi Department of Transportation. The priority schedule shall be reviewed annually by the Department of Transportation to determine if the priority schedule is in need of revision. The analytic methods and procedures utilized by the Mississippi Department of Transportation to perform the needs analysis shall conform to current standards and practices of the transportation sciences and industry as promulgated in appropriate documentation of the United States Department of Transportation, the Transportation Research Board, the American Association of Highway and Transportation Officials, and other recognized and relevant bodies. Such conforming methodologies shall be applied utilizing considerations appropriate to the specific situation and may include capacity analysis, traffic counting, traffic projection, cost estimation, benefit-cost analysis, user cost analysis, land use projections and similar analyses and projections, so that all analyses are completed with the best tools available at the time of the analysis. The Transportation Commission may establish and publish standards for setting the priorities and in so doing shall consider other factors, not in violation of federal law, as the Transportation Commission may consider relevant, including, but not limited to, economic development, safety and highways that may serve as hurricane evacuation routes. The first determinant for construction of highway segments shall be the year of need. "Year of need" for purposes of this section is the year in which the level of service on a segment is projected to deteriorate to an unacceptable level. For segments with the same year of need, prioritization shall be based on the volume to capacity ratio and the daily traffic volume. In the event that the Transportation Commission deviates from the recommended priorities presented through the needs analysis, the commission shall spread the specific reasons for the deviation on its minutes. The priority schedule shall reflect immediate needs which shall be construction, upgrades and improvements to the state highway system needed over a five-year period based upon the criteria established in this paragraph which shall be reviewed annually by the Mississippi Department of Transportation. The priority schedule shall project mid-range needs which shall include highway corridors that are projected to reach an unacceptable level of service within ten (10) years after each annual review of the priority schedule. The priority schedule shall project long-range needs which shall include highway corridors that are projected to reach an unacceptable level of service ten (10) years or more after each annual review of the priority schedule.
(ii) Notwithstanding any other provisions of this section to the contrary, projects for the construction, reconstruction, improvement or modification of any highway or highway segment required to be performed by the Mississippi Transportation Commission and/or the Mississippi Department of Transportation by any act of the Legislature that was enacted and became effective before July 1, 2002, shall be given priority over any other projects that are authorized or directed to be performed by the Mississippi Transportation Commission and/or the Mississippi Department of Transportation under the provisions of this section or under the provisions of any other legislation that is enacted or becomes effective after July 1, 2002.
(b) On or before October 1, 2005, and on or before October 1 of each year thereafter, the Transportation Commission shall present to the Highways and Transportation Committee of the Senate and the Transportation Committee of the House of Representatives the schedule of priorities developed as provided for in paragraph (a) of this subsection reflecting the proposed schedule of construction for segments. The proposed schedule shall be followed until later modified based on the criteria established in paragraph (a) of this subsection.
(c) The Transportation Commission shall begin letting projects based upon the prioritized schedule of need not later than January 1, 2006; however, the commission shall have the
flexibility to adjust the sequencing of projects as may be required in order to maximize the utilization of available funding or to accommodate the relative requirement of each individual project. Nothing in this section shall be construed to authorize the Transportation Commission to let contracts for projects based upon the prioritized schedule of need before completion of the letting of contracts under subsection (3)(c) of this section.
(d) Funds deposited into the special funds created in Section 65-39-3 or 65-39-17 may only be expended as provided for in Sections 65-39-1 through 65-39-37; however, funds otherwise generated may be expended on segments included in Section 65-39-1 that are in the prioritized schedule established pursuant to this subsection, as well as other projects included in such schedule.
(e) For fiscal year 2006 and each fiscal year thereafter, the Transportation Commission shall dedicate not less than Two Hundred Million Dollars ($200,000,000.00) in state and/or federal funds to fund the program established by subsections (4) and (5) of this section.
(f) The Transportation Commission and the Mississippi Department of Transportation shall, in addition to all other projects, consider the following as immediate needs when establishing the initial priority schedule pursuant to paragraph (a) of this subsection:
(i) An Interstate highway segment along or near I-55 beginning at or near Hernando and extending northerly to the Tennessee state line.
(ii) A highway segment along or near Mississippi 304 beginning at or near U.S. 61 and extending easterly to or near I-55.
(iii) A highway segment along or near U.S. 82 beginning at the east end of the proposed Greenville River Bridge and extending northeasterly to or near Stoneville.
(iv) A highway segment along or near Mississippi 278 beginning at or near Amory and extending westerly to U.S. 45.
(v) A highway segment along or near Mississippi 41 beginning at U.S. 45 and extending westerly to or near Okolona.
(vi) A highway segment along or near Mississippi 9 beginning at Mississippi 6 north of Pontotoc and extending northerly to U.S. 78.
(vii) A highway segment along or near Mississippi 25 beginning at or near Itawamba county line and extending northerly to or near U.S. 72.
(viii) A highway segment along or near Mississippi 35 beginning at the end of the existing four-lane at Forest and extending northerly to or near Hillsboro.
(ix) A highway segment along or near Mississippi 35 beginning at or near Mississippi 487 and extending northerly to or near Mississippi 25.
(x) A highway segment along or near Mississippi 16 beginning at or near I-55 and extending easterly to or near Philadelphia.
(xi) An Interstate highway segment along or near I-20 beginning at the Mississippi River Bridge and extending easterly to or near U.S. 61 north.
(xii) A highway segment consisting of two (2) lanes of construction and two (2) lanes of right-of-way acquisition beginning at the Port of Vicksburg and extending easterly to or near U.S. 61.
(xiii) An Interstate highway segment along or near I-20 beginning at or near the Clinton Raymond Road Interchange and extending easterly to or near the Mississippi 18 Interchange.
(xiv) An Interstate highway segment along or near I-20 beginning at or near I-55 south and extending easterly to or near I-55 north.
(xv) An Interstate highway segment along or near I-55 beginning at or near I-20 and extending northerly to or near the High Street Interchange.
(xvi) An Interstate highway segment along or near I-55 beginning at or near the Elton Road Interchange and extending northerly to or near I-20.
(xvii) An Interstate highway segment along or near I-59 beginning at or near U.S. 98 and extending northerly to or near U.S. 49.
(xviii) A highway segment along or near Mississippi 43 beginning at or near the Hancock county line and extending westerly to or near I-59.
(xix) An Interstate highway segment along or near Canal Road (Mississippi 601) beginning at or near U.S. 90 and extending northerly to or near I-10.
(xx) An Interstate highway segment consisting of four (4) lanes along or near U.S. 49 beginning at or near I-10 and extending northerly to or near Lyman; then beginning at or near I-59 and extending westerly to or near U.S. 49; then beginning at or near I-59 and extending northwesterly to U.S. 49; then beginning at or near Florence and extending northerly to or near I-20.
(xxi) A highway segment along or near U.S. 49 beginning along or near Lyman and extending northerly to I-20 with geometric type improvements along the entire corridor at or near the One Hundred Million Dollar ($100,000,000.00) estimate.
(xxii) An Interstate highway along or near I-20/59 beginning at or near the merger of I-20 and I-59 and extending easterly to or near Mississippi 39.
(xxiii) A highway segment along or near Mississippi 67 beginning at or near I-10 and extending northwesterly to or near U.S. 49.
(xxiv) A highway segment along or near Mississippi 605 beginning at or near I-10 and extending northerly to or near Mississippi 67.
(xxv) A highway segment along or near Mississippi 43 beginning at the end of the existing four-lane and extending northerly to or near Kiln.
(xxvi) A highway segment along or near Mississippi 24/Mississippi 48 beginning at or near Mississippi 33 south and extending easterly to or near Mississippi 33 north.
(xxvii) A highway segment along or near Mississippi 24/Mississippi 48 beginning at or near Mississippi 569 and extending easterly to or near I-55.
(xxviii) A highway segment along or near Mississippi 27 beginning at or near I-55 and extending northerly to or near I-20.
(xxix) A highway segment along or near Mississippi 57 beginning at or near I-10 and extending northerly to or near Vancleave.
(xxx) A highway segment along or near Mississippi 19 beginning at or near Collinsville and extending northerly to or near Philadelphia.
(xxxi) A highway segment along or near Mississippi 12 beginning at or near I-55 and extending to or near U.S. 51.
(xxxii) A highway segment along or near Mississippi 18 beginning at or near Mississippi 27 and extending northerly to or near the end of the four-lane at or near Raymond.
(xxxiii) A highway segment along or near Mississippi 28 beginning at or near Fayette and extending easterly to I-55.
(xxxiv) A highway segment along or near U.S. 61 beginning at or near Redwood and extending northerly to or near Leland.
(xxxv) A highway segment along or near Mississippi 24/Mississippi 48 beginning at or near Woodville and extending easterly to or near Mississippi 569.
(xxxvi) A highway segment along or near Mississippi 18 beginning at or near U.S. 61 and extending northerly to or near Mississippi 27.
(xxxvii) A highway segment consisting of four (4) lanes along or near Mississippi 12 beginning at or near U.S. 51 and extending to or near Kosciusko.
(xxxviii) A highway segment along or near Mississippi 25 beginning at Iuka and extending northerly to the Mississippi/Tennessee state line.
(xxxix) A highway segment along or near Mississippi 25 beginning at U.S. 45 Alternate and extending northeasterly to or near Aberdeen.
(xl) A highway segment along or near Mississippi 7 beginning at I-55 and extending northeasterly to Mississippi 9W.
(xli) A highway segment along or near Mississippi 7 beginning at Greenwood and extending northeasterly to Grenada.
(xlii) A highway segment along or near U.S. 98 beginning at or near U.S. 84 at or near Meadville and extending easterly to or near I-55.
(xliii) A highway segment along or near Mississippi 35 beginning at the Mississippi/Louisiana state line and extending northerly to or near U.S. 98 at or near Foxworth.
(xliv) A highway segment along or near Mississippi 53 beginning at or near U.S. 49 and extending northwesterly to or near I-59.
(xlv) A highway segment along or near Mississippi 603 beginning at or near Mississippi 43 and extending northerly to or near Mississippi 53.
(g) The Transportation Commission and the Mississippi Department of Transportation shall, in addition to all other projects, consider the following as mid-range needs when establishing the initial priority schedule pursuant to paragraph (a) of this section:
(i) A highway segment along or near U.S. 49 beginning at U.S. 61 and extending northwesterly to the Arkansas state line.
(ii) A highway segment along or near Mississippi 8 beginning at or near Rosedale and extending easterly to or near Grenada.
(iii) A highway segment along or near Mississippi 25 beginning at the end of the existing four-lane and extending northerly to or near the Tishomingo county line.
(iv) A highway segment along or near Mississippi 25 beginning at or near Mississippi 23 and extending northerly to or near U.S. 78.
(v) A highway segment along or near Mississippi 12 beginning at or near Kosciusko and extending northeasterly to or near Ethel; then beginning at or near Weir and extending northeasterly to or near Mississippi 15; then beginning at or near Longview and extending northeasterly to or near Starkville.
(vi) A highway segment along or near Mississippi 35 beginning at or near Hillsboro and extending northerly to or near Mississippi 487.
(vii) A highway segment along or near Mississippi 35 beginning at or near Mississippi 25 and extending northerly to or near I-55.
(viii) A highway segment along or near Mississippi 16 beginning at or near Mississippi 25 and extending easterly to or near BIA 22.
(ix) A highway segment along or near Mississippi 22 beginning at or near Edwards and extending northeasterly to or near Canton.
(x) An Interstate highway segment along or near I-55 beginning at or near I-220 and extending northerly to or near Canton.
(xi) An Interstate highway segment along or near I-20 beginning at or near U.S. 61 north and extending easterly to or near the Flowers Interchange.
(xii) An Interstate highway segment along or near I-20 beginning at or near the Mississippi 18 Interchange and extending easterly to or near I-55 south.
(xiii) An Interstate highway segment along or near I-20 beginning at or near I-55 north and extending easterly to or near U.S. 49.
(xiv) A highway segment along or near Mississippi 43 beginning at or near Kiln and extending northwesterly to or near the Pearl River county line.
(xv) A highway segment along or near Mississippi 12 beginning at or near Ethel and extending northeasterly to or near Weir; then beginning at or near Mississippi 15 and extending northeasterly to Longview.
(xvi) A highway segment along or near Mississippi 27 beginning at the Mississippi/Louisiana state line and extending northerly to or near Crystal Springs.
(xvii) A highway segment along or near Mississippi 33 beginning at or near Fayette and extending southerly to or near the Mississippi/Louisiana state line.
(xviii) A highway segment along or near Mississippi 18 beginning at or near Bay Springs and extending northeasterly to or near Brandon.
(xix) A highway segment along or near Mississippi 24 beginning at or near Gloster and extending to or near Liberty.
(h) The Transportation Commission and the Mississippi Department of Transportation shall, in addition to all other projects, consider the following as long-range needs when establishing the initial priority schedule pursuant to paragraph (a) of this section:
(i) A highway segment along or near Mississippi 19 beginning at or near Mississippi 15 and extending northwesterly to or near Kosciusko.
(ii) An Interstate highway segment along or near I-55 beginning at or near Senatobia and extending northerly to Hernando.
(iii) An Interstate highway segment along or near I-20 beginning at or near the Flowers Interchange and extending easterly to or near Clinton Raymond Road Interchange.
(iv) An Interstate highway segment along or near I-20 beginning at or near the Brandon Crossgates Interchange and extending easterly to or near the Pelahatchie Mississippi 43 Interchange.
(v) An Interstate highway segment along or near I-55 beginning at or near the High Street Interchange and extending northerly to or near Mississippi 25.
(vi) An Interstate highway segment along or near I-55 beginning at or near Terry and extending northerly to or near the Elton Road Interchange.
(vii) An Interstate highway along or near I-20 beginning at or near Chunky and extending easterly to or near I-59.
(viii) An Interstate highway along or near I-20/59 beginning at or near Mississippi 39 and extending easterly to or near Toomsuba.
(ix) A highway segment along or near Mississippi 16 beginning at or near I-55 and extending to or near U.S. 49.
(x) A highway segment along or near Mississippi 4 beginning at or near U.S. 61 and extending easterly to or near I-55 at or near Senatobia.
(xi) A roadway segment along or near Lakeshore Road beginning at or near U.S. 90 and extending northerly to or near South Beach Boulevard.
(xii) A highway segment beginning at or near Ellisville and extending northerly to or near the northern city limits of Laurel.
(xiii) An Interstate highway segment along or near I-110 beginning at or near U.S. 90 and extending northerly to or near I-10.
(xiv) A highway segment along or near Mississippi 16 beginning at or near Scooba and extending westerly to or near DeKalb.
(xv) A highway segment along or near U.S. 49 East beginning at or near Yazoo City and extending northerly to or near U.S. 82.
(xvi) A highway segment along or near Mississippi 7 beginning at or near Oxford and extending northerly to the Mississippi/Tennessee state line.
(xvii) A highway segment along or near Mississippi 57 beginning at or near Vancleave and extending northerly to or near U.S. 98.
(xviii) A highway segment along or near Mississippi 35 beginning at or near I-55 and extending northerly to Mississippi 6.
(xix) A highway segment along or near Mississippi 35 beginning at or near U.S. 98 and extending northerly to I-20.
(6) The commission shall, in addition to other projects, consider the following highway segments for improvements and highway modifications, including, but not limited to, straightening and realignment of the existing roadway, the addition of passing lanes and the widening of existing lanes, the addition of turn lanes and improvement of shoulders:
(a) Mississippi 3 from U.S. 61 to U.S. 49 West.
(b) Mississippi 3 from Tutwiler to U.S. 61.
(c) Mississippi 7 from Mississippi 9 West to I-55.
(d) Mississippi 7 from U.S. 82 to I-55.
(e) Mississippi 8 from U.S. 49 West to I-55.
(f) Mississippi 9 from Mississippi 7 to U.S. Highway 82.
(g) Mississippi 9 from Mississippi 6 to U.S. 78.
(h) Mississippi 9 from Mississippi 7 to Mississippi 300.
(i) Mississippi 12 from U.S. 61 to I-55.
(j) Mississippi 12 from U.S. 82 to the Mississippi/Alabama state line.
(k) Mississippi 12 from the city limits of Ackerman to the city limits of Sturgis.
(l) Mississippi 12 from U.S. 49 West to U.S. 61.
(m) Mississippi 12 from Kosciusko to I-55.
(n) Mississippi 15 from I-10 to U.S. 98.
(o) Mississippi 15 from Mississippi 18 to I-20.
(p) Mississippi 16 from Mississippi 39 to U.S. 45.
(q) Mississippi 16 from Mississippi 39 to Philadelphia.
(r) Mississippi 18 from U.S. 61 to the city limits of Utica.
(s) Mississippi 18 from U.S. 45 to U.S. 80.
(t) Mississippi 24 from Mississippi 33 to Mississippi 48.
(u) Mississippi 24 from U.S. 61 to Fort Adams.
(v) Mississippi 26 from Mississippi 43 to Mississippi 63.
(w) Mississippi 27 from the Mississippi/Louisiana state line to I-55.
(x) Mississippi 28 from Mississippi 33 to I-55.
(y) Mississippi 28 from U.S. 51 to U.S. 49.
(z) Mississippi 28 from U.S. 84 to U.S. 49.
(aa) Mississippi 33 from U.S. 61 to the Mississippi/Louisiana state line.
(bb) Mississippi 35 from U.S. 98 to I-20.
(cc) Mississippi 39 from DeKalb to the Meridian Naval Air Station.
(dd) Mississippi 42 from U.S. 84 to U.S. 49.
(ee) Mississippi 43 from Mississippi 26 to Picayune.
(ff) Mississippi 48 from Mississippi 35 to U.S. 51.
(gg) Mississippi 50 from Mississippi 15 to the Mississippi/Alabama state line.
(hh) Mississippi 69 from Columbus to the Mississippi/Alabama state line.
(ii) Mississippi 389 from Starkville to Mississippi 15.
(jj) Mississippi 469 from U.S. 49 to Mississippi 28.
(kk) Mississippi 469 from U.S. 49 to Mississippi 468.
(ll) Mississippi 547 from Mississippi 28 to U.S. 61.
(mm) Mississippi 550 from Mississippi 28 to I-55.
(nn) Mississippi 563 from U.S. 61 to Mississippi 33.
(oo) Mississippi 567 from Mississippi 24 to U.S. 98.
(pp) Mississippi 569 from Liberty to Mississippi 570.
(qq) Mississippi 570 from Summitt to Smithdale.
(rr) Mississippi 589 from Liberty to I-55.
(ss) Mississippi 589 from U.S. 98 to I-59.
(tt) Mississippi 603 from I-10 to Kiln/Delisle Road.
(uu) Old U.S. 45 beginning in the City of Meridian at or near the old Coca-Cola Company and extending northerly approximately two (2) miles to just beyond the Town of Marion.
(vv) U.S. 49 East from Yazoo City to Tutwiler.
(ww) U.S. 49 from Tutwiler to Clarksdale.
(xx) U.S. 49 from Indianola to Clarksdale.
(7) The Mississippi Transportation Commission shall conduct a feasibility study and prepare a conceptual design for a thoroughfare that encircles the City of Hattiesburg.
(8) The construction priorities established in this section shall not be construed as prohibiting the completion of highway segments which, on July 1, 1987, are included in the current three-year plan under Section 65-1-141, and for which, on July 1, 1987, grade and drainage has been completed or contracts for grade and drainage have been let. Nothing shall preclude the construction of fully controlled access highways.
(9) Contracts may be let and construction may commence and be performed concurrently on any of the highway segments designated in subsections (3), (4) and (5) of this section, notwithstanding the priorities established for the letting of contracts on the various segments designated therein, provided that funds are available and, provided that, at all times, the percentages of all contracts required to be let on the segments designated in subsection (3) of this section are, in fact, let no later than the dates established therein.
(10) (a) All highway construction and reconstruction authorized under this section shall be performed by contract let on competitive bid in the manner provided by statute; however, highway segments shall be constructed in lengths of not less than ten (10) miles.
(b) It is the intent of the Legislature that not less than ten percent (10%) of the amounts authorized to be expended for construction and reconstruction of the four-lane highway segments designated in this section shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals. The term "socially and economically disadvantaged individuals" shall have the meaning ascribed to such term under Section 8(d) of the Small Business Act (15 USCS, Section 637(d)) and relevant subcontracting regulations promulgated pursuant thereto; except that women shall be presumed to be socially and economically disadvantaged individuals for the purposes of this paragraph (b).
(11) (a) Notwithstanding the provisions of subsection (10)(a) of this section, the Mississippi Transportation Commission may construct highway segments of less than ten (10) miles in length if:
(i) The segment as described in subsection (3) or (4) of this section or the schedule of priorities established in subsection (5) of this section is less than ten (10) miles in length;
(ii) The segment will connect two (2) existing four-lane highways;
(iii) The segment will connect an existing four-lane highway with an incorporated municipality;
(iv) The segment will connect an existing four-lane highway with a river, the state boundary or any other natural or man-made barrier;
(v) For a particular project, the costs of constructing a single segment of at least ten (10) miles in length would greatly exceed the aggregate costs of constructing two (2) or more segments; or
(vi) The segment is in an urban area and involves the completion of bypasses or other construction which will facilitate and accommodate major traffic movement.
(b) In any case in which the Transportation Commission authorizes the construction of a highway segment of less than ten (10) miles in length, the commission shall set forth and record in its official minutes explanation and justification therefor based upon one or more of the conditions prescribed in paragraph (a) of this subsection.
(12) (a) To assist in defraying the costs and expenses for construction, reconstruction and relocation of the four-lane highway system described in this section, the following revenues shall be paid out of such funds made available to the Transportation Commission and the Mississippi Department of Transportation:
(i) From matched federal funds or other federal funds, Thirty-two Million Dollars ($32,000,000.00) for fiscal year 1988, Twenty-five Million Dollars ($25,000,000.00) for fiscal year 1989, Thirty Million Dollars ($30,000,000.00) for fiscal year 1990 and fifty percent (50%) of such federal funds for fiscal year 1991 and each fiscal year thereafter; and
(ii) Five Million Dollars ($5,000,000.00) from matched federal bridge replacement funds for fiscal year 1988 and each fiscal year thereafter when the segments proposed for construction contain bridges that are eligible for replacement under the Federal Aid Bridge Replacement Program.
(b) Federal funds in addition to the federal funds specified in paragraph (a) of this subsection may be used for the construction, reconstruction and relocation of the four-lane highway system described in this section. Such federal funds may be utilized in lieu of state funding that would otherwise be utilized for such system; provided, however, that the annual total amount of funding for the construction, reconstruction and relocation of the highway system described in this section shall not be less than it would have otherwise been without the utilization of such additional federal funds.
(13) The Transportation Department shall submit a report to the Legislature by January 10 of each calendar year setting forth the current status of the construction program set forth in this section to include, but not be limited to, the following information:
(a) Specific segments on which engineering is being performed or has been completed;
(b) Specific segments for which right-of-way has been acquired or is being acquired;
(c) Specific segments for which construction contracts have been let;
(d) Specific segments on which construction is in progress;
(e) Specific segments on which construction has been completed;
(f) Projections for completion of the next step on each segment;
(g) Revenue derived for such construction program from each revenue source contained in Chapter 322, Laws of 1987, and in Chapter 557, Laws of 1994;
(h) For each fiscal year beginning in 1994, a detailed cash flow projection by source of program activities and an estimate of when the program will encounter a funding shortage due to costs exceeding original projections;
(i) A schedule of all complete and open-to-traffic highway segments and the related total cost of each segment;
(j) A schedule of all highway segments on which all contracts necessary for completion of the segments were not let as of the date required by law;
(k) A complete recap of all program receipts by source, and of all disbursements for the prior fiscal year and cumulative totals since the inception of the program as compared to projections; and
(l) A statement from the Department of Transportation regarding the status of the funding of the program based on agency cost experience and projections for the future.
The report shall be deemed submitted when ten (10) copies are submitted to the Clerk of the House of Representatives and ten (10) copies are submitted to the Secretary of the Senate.
(14) Notwithstanding any other provisions of this section to the contrary any state funds dedicated to the four-lane highway program described in this section after July 1, 2017, and until July 1, 2027, shall be used exclusively for the maintenance of existing highways and bridges under the program and shall not be used for the construction of any new highways and bridges unless such new construction project is either specifically appropriated funds by the Legislature or is not required to be specifically appropriated funds in accordance with Section 1 of this act.
SECTION 4. Section 65-1-141, Mississippi Code of 1972, is brought forward as follows:
65-1-141. (1) (a) The Highway Commission shall annually have the Highway Department prepare a three-year plan for the maintenance, construction, reconstruction and relocation of the State Highway System. The plan shall include:
(i) For each interstate, primary, secondary and other highway or road system under the jurisdiction of the Highway Commission, a list and detailed description of those highways, or segments thereof, on the highway system which are determined to have the highest priority for maintenance and which can be maintained within the three-year period from funds available or estimated to be made available for such purpose;
(ii) For each interstate, primary, secondary and other highway or road system under the jurisdiction of the Highway Commission, a list and detailed description of those highways, or segments thereof, on the highway system which are determined to have the highest priority for construction, reconstruction or relocation and for which contracts can be let for construction, reconstruction or relocation within the three-year period from funds available or estimated to be available for such purpose;
(iii) The reasons for the priority assigned to highways, or segments thereof, pursuant to the criteria established in the following subsection (1)(b), and the annual cost and total estimated cost of completion for each such project; and
(iv) A synopsis of any analyses or studies considered by the commission to develop the criteria in determining priorities.
(b) The Highway Commission shall determine the criteria on which the Highway Department shall assign priority for maintenance, construction, reconstruction and relocation of highways, or segments thereof, on each highway or road system under its jurisdiction, taking into consideration all of the following criteria:
(i) Public necessity and public safety;
(ii) Present and future economic benefit and commercial value;
(iii) Present and future traffic census; and
(iv) Route continuity.
Additionally, the Highway Commission shall take into consideration conditions potentially hazardous to the public safety at points on highways having substantial truck traffic entering and leaving the highway. In setting priorities for construction, the department shall take into consideration the construction of turning lanes at such points on highways to facilitate the safe movement of traffic.
(c) To develop the criteria to be used in determining priorities, the State Highway Commission may conduct public hearings; shall conduct analyses or studies of highway needs, utilizing highway department personnel; and shall consider highway needs analyses or studies submitted to them by the University Research Center, which is hereby directed to develop such highway needs analyses or studies with respect to the criteria set forth in subsection (1)(b)(ii) above and to timely submit or present such analyses or studies to the State Highway Commission.
(2) All funds appropriated and made available to the State Highway Department from any source within the state for maintenance, construction, reconstruction and relocation of the state highway system shall be expended on order of the State Highway Commission according to the priorities herein set forth and without regard to the provisions of Sections 65-3-29 through 65-3-33. The commission shall spread upon its minutes, from time to time, the priority of roads for application of such funds, the specific reasons for each priority so assigned, and the source and amount of funds applied to each project.
(a) All interstate funds apportioned to the State Highway Commission under the Federal Aid Highway Act of 1956 shall be allocated on the basis of need to complete the interstate system of highways to provide for the maximum commercial benefit to the state.
(b) All primary road construction money shall be used in the priorities established pursuant to subsection (1)(b) hereof.
(c) The State Highway Department shall match all available federal money for highways.
(d) Federal aid primary system as constituted. Priority of use of these funds shall be determined by roads meeting most of the criteria receiving priority established pursuant to subsection (1)(b) hereof.
(e) Secondary road construction money shall be used with priorities established by roads meeting most of the following criteria receiving priority:
(i) Roads in the order of the relative use and importance of such highways, as may be determined by the present and future traffic censuses thereof, taking into consideration their present and future use, convenience, public necessity and public safety, the connecting of Mississippi towns, cities and population centers and the economic contribution to the state should a specific highway be improved, the recorded maintenance expense and their continuity as highways through the state.
(ii) Roads which carry the most traffic.
(iii) Roads which connect the federal aid primary or interstate system in a uniform manner.
(iv) Roads which serve the most commercial value.
(v) Roads which are arterial in nature.
(vi) Roads which connect the major rural communities with similar communities in adjoining counties.
(f) The State Highway Department shall when funds are available match all available federal money for highways.
(3) Projects eligible for reimbursement under the provisions of Public Law 97-424 shall be exempt from the requirements of subsection (1)(a) of this section, but the State Highway Commission shall expend funds available to it for such projects in the priorities established pursuant to subsection (1)(b) hereof.
(4) All highway construction, reconstruction and relocation shall be by contract, let on competitive bid in the manner provided by statute. On any one (1) reconstruction project the total cost of which does not exceed Two Hundred Thousand Dollars ($200,000.00), reconstruction may be accomplished by highway department labor, equipment or materials. Nothing herein shall be construed to affect maintenance and repair work done or to be done on existing roads. When new programs require the utilization of professional services, the Mississippi State Highway Department may contract with, engage, or retain available, competent firms actively offering such professional services as a primary source of livelihood. "Professional services" is defined as services normally performed on a fee basis or contract by engineers, architects, business management, administrative and consulting firms.
SECTION 5. This act shall take effect and be in force from and after July 1, 2017.
