HB 1 — Mississippi Infrastructure Modernization Act of 2018; create.

     (4)  (a)  The commission, at one time, or from time to time, may declare by resolution the necessity for issuance of revenue bonds of the State of Mississippi to provide funds for all costs incurred or to be incurred for the purposes described in subsection (2) of this section, to provide funds for the Emergency Road and Bridge Repair Fund created in Section 89 of this act and/or to provide funds for the 2018 Transportation and Infrastructure Improvements Fund created in Section of this act.  Upon the adoption of a resolution by the Mississippi Transportation Commission, declaring the necessity for the issuance of any part or all of the revenue bonds authorized by this subsection, the Mississippi Transportation Commission shall deliver a certified copy of its resolution or resolutions to the commission.  Upon receipt of such resolution, the commission, in its discretion, may act as the issuing agent, prescribe the form of the bonds, determine the appropriate method for sale of the bonds, advertise for and accept bids or negotiate the sale of the bonds, issue and sell the bonds so authorized to be sold, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds.  The total amount of bonds issued under this section shall not exceed * * * Two Hundred Million Dollars ($200,000,000.00) Five Hundred Million Dollars ($500,000,000.00);

however, of the additional bonds authorized under this section, as amended by this act, not more than Two Hundred Fifty Million Dollars ($250,000,000.00) of such bonds may be issued for the purpose of providing funds for the Emergency Road and Bridge Repair Fund created in Section 89 of this act, and not more than Fifty Million Dollars ($50,000,000.00) of such bonds may be issued for the purpose of providing funds for the 2018 Transportation and Infrastructure Improvements Fund created in Section 910 of this act.           The (b) commission Anyshall investmentutilize earningsa oncompetitive amountsrequest depositedfor intoproposals theprocess specialto fundselect createdany inbond subsectionattorney (2)or ofcounsel thisand section shall benot usedaccept toany payproposal debt service on bonds issued under this section, in accordanceexcess withof theFive proceedingsHundred authorizingThousand issuanceDollars of($500,000.00). such bonds.

          (b)  Any investment earnings on amounts deposited into the special fund created in subsection (2) of this section shall be used to pay debt service on bonds issued under this section, in accordance with the proceedings authorizing issuance of such bonds.

     (10)  Except as otherwise provided in this section, upon the issuance and sale of bonds under the provisions of this section, the commission shall transfer the proceeds of any such sale or sales to the special fund created in subsection (2) of this section.  The proceeds of such bonds shall be disbursed solely upon the order of the Mississippi Transportation Commission under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds.  Upon the issuance and sale of the additional bonds authorized under this section, as amended by this act, the commission shall transfer not more than Fifty Million Dollars ($50,000,000.00) of the proceeds of any such sale to the 2018 Transportation and Infrastructure Improvements Fund created in Section of this act and shall transfer not more than Two Hundred Fifty Million Dollars ($250,000,000.00) of the proceeds of any such sale to the Emergency Road and Bridge Repair Fund created in Section 89 of this act.

     SECTION 8. 9.  (1)  There is created in the State Treasury a special fund to be known as the "Emergency Road and Bridge Repair Fund," into which shall be deposited money appropriated by the Legislature or otherwise made available in any manner, and funds from any other source designated for deposit into such fund.  Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund.  The expenditure of money deposited into the fund shall be under the direction of the Mississippi Department of Transportation, and such funds shall be paid by the Mississippi Department of Transportation upon warrants issued by the Department of Finance and Administration.

     (2)  Money in the fund shall be utilized by the Mississippi Department of Transportation,Transportation with the advice of the Emergency Road and Bridge Repair Fund Advisory Board, to provide funding for emergency repairs to roads, streets and highways in this state and emergency bridge repairs on public roads, streets and highways in this state, as determined by a unanimous vote of the Mississippi Transportation Commission.  However, before the expenditure of money in the fund, the department shall promulgate rules and regulations as authorized in subsection (3) of this section.

     (3)  (a) The ThereMississippi isDepartment createdof theTransportation Emergencyshall Roadhave all powers necessary to implement and Bridgeadminister Repairthe Fundprogram Advisoryestablished Boardunder whichthis section, and the department shall consistpromulgate ofrules and regulations, in accordance with the followingMississippi members:Administrative Procedures Law, necessary for the implementation of this section.

                  (i) SECTION 10.  A special fund, to be designated the "2018 Transportation and Infrastructure Improvements Fund," is created within the State Treasury, which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund.  The Presidentfund shall be maintained by the State Treasurer as a separate and Chiefspecial Executivefund, Officerseparate and apart from the General Fund of the Mississippistate.  EconomicUnexpended Council;amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund.

              * * *Monies (ii) deposited Theinto Presidentthe andfund Chiefshall Executivebe Officerdisbursed, in the discretion of the MississippiDepartment Manufacturersof Association;Finance and Administration, as follows:

               (iii) (a)  TheNot Presidentmore than Eight Million Dollars ($8,000,000.00) to assist in paying the costs associated with preconstruction, design, engineering, land acquisition, right‑of‑way acquisition, construction and development of the MississippiReunion FarmParkway Bureauproject Federation;from Bozeman Road to Parkway East in Madison County, Mississippi.

               (iv) (b)  TheNot Presidentmore than Four Hundred Thousand Dollars ($400,000.00) to assist the City of Hattiesburg, Mississippi, in paying the Mississippicosts Poultryassociated Association;with resurfacing and other improvements to Hardy Street in the City of Hattiesburg from its intersection with U.S.

             Highway (v) 49 TheEast Presidentto ofits intersection with West Pine Street in the MississippiCity Truckingof Association;Hattiesburg.

               (vi) (c)  TheNot Executivemore Directorthan One Hundred Thousand Dollars ($100,000.00) to assist the City of Hattiesburg, Mississippi, in paying the Mississippicosts Associationassociated with resurfacing and other improvements to 38th Avenue in the City of Supervisors;Hattiesburg.    (d)  Not more than Two Million Dollars ($2,000,000.00) to assist Hinds County, Mississippi, in paying the costs of construction and development of the Byram‑Clinton Parkway project in Hinds County.    (e)  Not more than Five Hundred Thousand Dollars ($500,000.00) to assist the City of Louisville, Mississippi, in paying the costs associated with constructing a road and other transportation infrastructure in the City of Louisville that will provide and improve access to land owned by the city designated for an economic development project on or near the location of Winston Plywood & Veneer.

               (vii) (f)  TheNot Executivemore Directorthan Two Million Five Hundred Thousand Dollars ($2,500,000.00) to assist the City of Senatobia, Mississippi, in paying the Mississippicosts Municipalassociated League;with the following purposes, in the following order:

                (viii) (i)  TheConstruction Executiveand Vicedevelopment Presidentof roundabout projects and/or signal improvements and other improvements at the intersection of Main Street and Scott Street and adjoining or related intersections in the MississippiCity Cattlemen'sof Association;Senatobia;

                (ix) (ii)  TheSignal Executiveimprovements Directorand other improvements at the intersection of Front Street and Main Street in the MississippiCity Loggersof Association;Senatobia;

and                 (x) (iii)  TheSignal Executiveimprovements Directorand ofother theimprovements Americanat Councilthe intersection of EngineeringHeard Companies-Mississippi.Street and Main Street in the City of Senatobia.

         Any (b) such Thefunds Governorthat are in excess of that needed to complete the projects described in this paragraph (f) shall appointbe used to assist the chairmanCity of Senatobia in paying the boardcosts associated with making historically relevant infrastructure improvements and historical lighting improvements in the boardcity's shalldowntown electhistoric suchdistrict.  otherIn officersaddition, asthe itscope considersof necessarywork fromfor amongany itsprojects members.described in this paragraph (f) that are located in the city's downtown historic district must be in keeping with the character of the district.

           (c) (g)  ANot majoritymore ofthan theEight membersHundred ofFifty theThousand boardDollars shall($850,000.00) constituteto aassist quorum for the conductCity of meetingsKosciusko, andMississippi, allin actionspaying of the boardcosts shallassociated bewith bymaking aimprovements majorityand vote. upgrades Noto compensation,South perHuntington diemStreet orand mileageother expensestreets shallin bethe providedCity boardof members.Kosciusko, Mississippi.

           (d) (h)  TheNot Governor'smore officethan shallThree provideMillion anyDollars necessary($3,000,000.00) administrativeto supportassist toin paying the board.costs associated with:

            (e) (i)  TheConstructing, boarddeveloping, shallextending meetand atimplementing leastwastewater quarterlyinfrastructure toand conductrelated business.facilities, systems and infrastructure within and/or near Gateway Industrial Park in Pike County, Mississippi;

         and (f)    The(ii)  boardConstructing shallaccess provideroads nonbindingand advicerelated infrastructure within and/or near Gateway Industrial Park in Pike County.    (i)  Not more than Seven Hundred Fifty Thousand Dollars ($750,000.00) to assist the DepartmentCity of TransportationPetal, regardingMississippi, in paying the expenditurecosts associated with (i) the repair, rehabilitation, resurfacing, construction and reconstruction of moneyLeeville Road/Main Street located in Forrest County, Mississippi, in the EmergencyCity Roadof Petal from its intersection with the Evelyn Gandy Parkway southerly to the boundary of the corporate limits of the City of Petal and Bridge(ii) Repairthe Fund.repair, rehabilitation, resurfacing, construction and reconstruction of Smithville Road located in Forrest County, Mississippi, in the City of Petal.

      (4) (j)  TheNot Mississippimore Departmentthan ofFive TransportationHundred shallThousand haveDollars all($500,000.00) powers necessary to implementassist and administer the programTown establishedof underWest, thisMississippi, section,in andpaying the departmentcosts shallassociated promulgatewith rulesresurfacing and regulations,making inother accordanceimprovements withto thestreets Mississippiin Administrative Procedures Law, necessary for the implementationTown of thisWest. section.

      SECTION(k)  9. Not Amore specialthan fund,Five toHundred beThousand designatedDollars the($500,000.00) "2018to Transportationassist andOktibbeha InfrastructureCounty, ImprovementsMississippi, Fund,"in ispaying created within the Statecosts Treasury,associated whichwith shall consist of funds made available by the Legislatureresurfacing in any manner and fundsrepaving from any other source designated for deposit into such fund.  The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of theLongview state. Road Unexpended amounts remaining in theOktibbeha fundCounty. at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund.  Monies deposited into the fund shall be expended, upon appropriation by the Legislature, for infrastructure projects and/or other projects that are economically beneficial that are otherwise provided by law to be funded by monies in this fund.

      SECTION(l)  10. Not Sectionmore 49-17-407,than MississippiFive CodeHundred Fifty Thousand Dollars ($550,000.00) to assist the City of 1972,Carthage, isMississippi, amendedin aspaying follows:the costs associated with making improvements to portions of Valley Street, Williams Street, Franklin Street and McMillan Park Road in the City of Carthage.

  (m)  Not more than Two Million Dollars ($2,000,000.00) to assist in paying the costs associated with the completion of the four‑lane of Mississippi Highway 19 South at the south Philadelphia City boundary intersection at Holland Avenue and extending south along Mississippi Highway 19 South to the intersection of BIA Road 241 (also known as Tucker Road), including but not be limited to, all necessary acquisition, preconstruction and construction activities.

  (n)  Not more than Two Million Dollars ($2,000,000.00)  to assist the City of Pascagoula, Mississippi, in paying the costs associated with construction and development of the East Bank Access Road project in the City of Pascagoula.    (o)  Not more than Two Million Dollars ($2,000,000.00) to assist the Pascagoula Port Authority in paying the costs associated with construction and development of the North Rail Corridor project in Jackson County, Mississippi.

  (p)  Not more than Two Hundred Thousand Dollars ($200,000.00) to assist the Town of Carrollton, Mississippi, in paying the costs associated with making improvements to Washington Street in the Town of Carrollton.

  (q)  Not more than Three Hundred Thousand Dollars ($300,000.00) to assist the City of Winona, Mississippi, in paying the costs associated with making improvements to Powell Street in the City of Winona.

  (r)  Not more than Two Hundred Fifty Thousand Dollars ($250,000.00) to assist the Town of Como, Mississippi, in paying the costs associated with resurfacing and other improvements to roads in the Town of Como.

  (s)  Not more than Two Hundred Fifty Thousand Dollars ($250,000.00) to assist the Town of Sledge, Mississippi, in paying the costs associated with resurfacing and other improvements to roads in the Town of Sledge.

  (t)  Not more than Two Hundred Fifty Thousand Dollars ($250,000.00) to assist the Town of Itta Bena, Mississippi, in paying the costs associated with resurfacing and other improvements to roads in the Town of Itta Bena.

  (u)  Not more than Five Hundred Thousand Dollars ($500,000.00) to assist the City of Grenada, Mississippi, in paying the costs associated with resurfacing and other improvements to roads in the City of Grenada.

  (v)  Not more than Five Hundred Thousand Dollars ($500,000.00) to assist the City of Waynesboro, Mississippi, in paying the costs associated with the Ramey Lane/Martin Luther King, Jr., Drive sewer repair and resurfacing project in the City of Waynesboro.

  (w)  Not more than Five Hundred Thousand Dollars ($500,000.00) to assist the City of Corinth, Mississippi, in paying the costs associated with repair, maintenance and other improvements to roads in the City of Corinth.

  (x) Not more than One Million Dollars ($1,000,000.00) to assist the City of Long Beach, Mississippi, in paying the costs associated with resurfacing and other improvements to roads in the City of Long Beach.

  (y)  Not to exceed One Million Seven Hundred Thousand Dollars ($1,700,000.00) to assist Wilkinson County, Mississippi, in paying the costs associated with the repair, rehabilitation, replacement, reconstruction and/or construction of bridges in Wilkinson County, including those bridges on state designated highways that are maintained by the county.

  (z)  Not to exceed One Million Dollars ($1,000,000.00) to assist the City of Vicksburg, Mississippi, in paying the costs associated with:

   (i)  Transportation infrastructure due diligence to increase multimodal river transportation options in the City of Vicksburg;

and    (ii)  Expanded multimodal layout to provide a combination of rail, interstate, airport, and river access in and to the City of Vicksburg.

  (aa)  Not more than Five Hundred Thousand Dollars ($500,000.00) to assist Benton County, Mississippi, in paying the costs associated with the repair, rehabilitation, replacement, reconstruction and/or construction of bridges in Benton County, including those bridges on state designated highways that are maintained by the county.

  (bb)  Not more than One Million Dollars ($1,000,000.00) to assist in paying the costs associated with making improvements to:

   (i)  The intersection of Mississippi Highway 9W and Mississippi Highway 7 in Lafayette County, Mississippi;

   (ii)  A portion of Mississippi Highway 7 beginning at its intersection with Mississippi Highway 9W and running approximately one (1) mile south of such intersection in Lafayette County;

and    (iii)  A portion of Mississippi Highway 7 beginning at its intersection with Mississippi Highway 9W and running northerly to the boundary of the corporate limits of the City of Oxford, Mississippi.

  (cc)  Not more than One Million Dollars ($1,000,000.00) to assist in paying the costs associated with necessary repairs to Natchez Trace Lake and surrounding roads in Pontotoc County, Mississippi.

  (dd)  Not more than Two Hundred Thousand Dollars ($200,000.00) to assist Chickasaw County, Mississippi, in paying the costs associated with repairs, resurfacing and other improvements to roads in Chickasaw County.

  (ee)  Not more than One Million Dollars ($1,000,000.00) to assist the City of Clinton, Mississippi, in paying the costs associated with repairs, resurfacing and other improvements and upgrades to roads in the City of Clinton.

  (ff)  Not more than One Million Dollars ($1,000,000.00) to assist Tate County, Mississippi, in paying the costs associated with widening, safety improvements, walking and/or bicycle lanes, mill and overlay of Country Club Road south of the Country Club Road/Shands Bottom Road four-way stop.  Any funds that are in excess of that needed to complete such project shall be used to assist Tate County in paying the costs associated with repaving roads in Tate County.

  (gg)  Not more than Two Million Dollars ($2,000,000.00) to assist in paying the costs of construction and development related to the Cook Road Corridor project in Jackson County, Mississippi, and Harrison County, Mississippi.    (hh)  Not more than Two Hundred Thousand Dollars ($200,000.00) to assist the Town of Vaiden, Mississippi, in paying the costs associated with resurfacing and making other improvements to streets in the Town of Vaiden.

  (ii)  Not more than Five Hundred Thousand Dollars ($500,000.00) to assist the City of Crystal Springs, Mississippi, in paying the costs associated with resurfacing and other improvements to roads in the City of Crystal Springs.

  (jj)  Not more than One Hundred Fifty Thousand Dollars ($150,000.000) to assist the Town of Satartia, Mississippi, in paying the costs associated with improvements to a well for the town's water system.    (kk)  Not more than One Hundred Fifty Thousand Dollars ($150,000.00) to assist the City of Utica, Mississippi, in paying the costs associated with improvements to the city's natural gas system.     (ll)  Not more than Three Hundred Thousand Dollars ($300,000.00) to assist the City of Houston, Mississippi, in paying the costs associated with resurfacing and other improvements to roads in the City of Houston.

  (mm)  Not more than One Million Dollars ($1,000,000.00) to assist the Pearl River Valley Water Supply District in paying costs associated with the repair, rehabilitation, reconstruction or replacement of seawalls at the Ross Barnett Reservoir as required by the settlement agreement in the case of Bobby L.

Baker, Jr., et al.

v.

Pearl River Valley Water Supply District, in the Circuit Court of Rankin County, Mississippi, Civil Action No.

212-133E.

  (nn)  Not more than Seven Million Five Hundred Thousand Dollars ($7,500,000.00) to assist the City of Greenwood, Mississippi, in paying the costs associated with the repair, rehabilitation, construction, reconstruction, upgrading and other improvement of a railroad line and related facilities for the purpose of assisting an economic development project in the city.    (oo)  Not more than One Million Dollars ($1,000,000.00) to assist the City of Hernando, Mississippi, in paying the costs associated with construction and construction engineering related to the realignment of McIngvale Road.    (pp)  Not more than One Hundred Fifty Thousand Dollars ($150,000.00) to assist Attala County, Mississippi, in paying the costs associated with rehabilitation and paving on Attala County Road 2221 also known as Airport Road.

Monies deposited into the fund shall be expended, upon appropriation by the Legislature, in equal amounts in each of the eighty-two (82) counties for roads, bridges and other infrastructure projects in the counties except for Lee County which will get One Dollar ($1.00) less than the other eighty-one (81) counties.

     SECTION 11.  Section 49-17-407, Mississippi Code of 1972, is amended as follows:

     (2)  (a)  On or before the fifteenth day of each month the environmental protection fees collected during the previous month shall be deposited into the Mississippi Groundwater Protection Trust Fund established in Section 49-17-405.  When the unobligated balance in the fund reaches or exceeds Ten Million Dollars ($10,000,000.00), the administrator of the fund shall notify in writing the * * *State Tax Commission Department of Revenue no later than the twenty-fifth day of the month * * *month * * *to to abate the environmental protection fee.  The abatement to revise the distribution of the environmental protection fee and the Department of Revenue shall deposit the fee into the State Highway Fund.  Such distribution shall become effective on the last day of the month succeeding the month in which such notice was given.  All environmental protection fees accrued shall be reported and paid.

     SECTION 11. 12.  Section 75-76-129, Mississippi Code of 1972, is amended as follows:

     SECTION 12. 13.  Section 19-11-27, Mississippi Code of 1972, is amended as follows:

     19-11-27.  No board of supervisors of any county shall expend from, or contract an obligation against, the budget estimates for road and bridge construction, maintenance and equipment, made and published by it during the last year of the term of office of such board, between the first day of October and the first day of the following January, a sum exceeding one-fourth (1/4) of such item of the budget made and published by it, except in cases of emergency.  The clerk of any county is prohibited from issuing any warrant contrary to the provisions of this section.  No board of supervisors nor any member thereof shall buy any machinery or equipment in the last six (6) months of their or his term unless or until he has been elected at the general election of that year.  The provisions of this section shall not apply to expenditures during calendar year 2019 on deficient bridges in the State Aid Road System or the Local System Road Program that have a sufficiency rating of less than fifty (50) or to a contract, lease or lease-purchase contract executed pursuant to the bidding requirements in Section 31-7-13 and approved by a unanimous vote of the board.  Such unanimous vote shall include a statement indicating the board's proclamation that the award of the contract is essential to the efficiency and economy of the operation of the county government.

     SECTION 13. 14.  The Department of Audit shall conduct and/or enter into contracts for a performance audit of any projects under the Mississippi Department of Transportation.  In addition to other factors, the audit shall assess the effect of engineering fees on projects and whether the fees are excessive.  The performance audit shall be completed by not later than December 31, 2019.  The Department of Audit shall be reimbursed for all expenses of the audit by the Mississippi Department of Transportation.  If the Department of Audit enters into a contract with a private entity for the audit required under this section, the department shall ensure that such entity is adequately experienced with auditing other state departments of transportation or similar departments or agencies.

     SECTION 14. 15.  This act shall be known and may be cited as the Mississippi Infrastructure Modernization Act of 2018.

     SECTION 15. 16.  SectionsThis and 6 of this act shall take effect and be in force from and afterafter * * *its Octoberpassage September 1, 2018, theand remainder of this act shall takestand effectrepealed and be in force from and after itsAugust passage.31, 2018.