1 1-11-32 2 ACT #2019- 3 By Representative Poole 4 RFD: Transportation, Utilities and Infrastructure 5 First Read: 06-MAR—19 Page 0
1 1-11-32
2 ACT #2019-3 By Representative Poole
4 RFD: Transportation, Utilities and Infrastructure
5 First Read: 06-MAR—19
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ENROLLED, An Act,
To levy an additional excise tax on gasoline and
diesel fuel; to provide for the collection and distribution of
the proceeds from the additional excise tax for state, county,
municipal and Alabama State Port Authority transportation
infrastructure purposes; to amend Sections 11-6-4 and ll—6~23,
Code of Alabama 1975, to require the Department of
Transportation contribute to the salary of the county engineer
or chief engineer and modify the Department’s reimbursement
cap for the county engineer trainee's salary; to amend Section
40—12-242, Code of Alabama 1975, to levy an additional
registration fee for certain motor vehicles and provide for
the distribution of the proceeds from the additional
registration fee to the Rebuild Alabama Fund; to amend Section
40-17—331, Code of Alabama 1975, to levy a floor stocks tax;
and to repeal Section 11-6-6, Code of Alabama 1975.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited
as the Rebuild Alabama Act.
Section 2. The Legislature finds all of the
following:
(a) That consistent with the constitutional mandate
that navigable waterways are public highways, the Legislature
hereby finds as a fact that a portion of the gasoline and
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diesel fuel sold in this state is used for marine purposes to
propel vessels on coastal and inland waterways of this state.
(b) That it is the policy of this state to use a
portion of the funds derived from the additional excise tax
levied by this act on each net gallon of gasoline and diesel
fuel for the programs and activities of the Alabama State Port
Authority.
(c) That the development and growth of electric
vehicle transportation infrastructure are considerations in
the construction, reconstruction, maintenance, and repair of a
modern-day public road, highway, and bridge system in this
state. ’
(d) That the State Department of Transportation is
the appropriate agency to initiate the comprehensive planning
and administrative duties associated with the development of
electric vehicle transportation infrastructure as a part of
its regular duties.
(e) That the development of electric vehicle
transportation infrastructure is a cost of construction,
reconstruction, maintenance, and repair of public roads,
highways, and bridges in this state and that the moneys of the
Rebuild Alabama Fund may be lawfully used for such purpose.
(f) It is the intention of the Legislature to
authorize the creation of, and to hereby create, the Electric
Transportation Charging Infrastructure Grant Program as a
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program of the State Department of Transportation for the
purpose of providing grants, funds, and support for the
construction, reconstruction, maintenance, and repair of the
public roads, highways, and bridges in this state through the
procurement, installation, and implementation of electric
vehicle transportation infrastructure.
Section 3. Sections 11—6-4, 11-6—23, 40-12-242, and
40—17—331, Code of Alabama 1975, are amended to read as
follows:
"§11-6—4.
"When any county has established the office of
county engineer or chief engineer of the division of public
roads the Director of the Department of Transportation may
shall, upon application of the county commission, authorize
the expenditure out of the available funds of the State
Department of Transportation , of an amount equal to 70
percent of the annual salary of said engineer to such county,
which shall apply to the payment of the annual salary of said
engineer, with such payments to be made in equal monthly
installments; provided, that the amount contributed or paid by
the State Department of Transportation to any county, not
including retirement contributions, shall not exceed 70
percent of step 18, or the top step, whichever is greater, of
the salary schedule under the pgrofessional Civil Engineer II‘L
Senior classification in any one year. The-Birector—of—the
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"§11-6-23.
"(a) Upon application of the county commission or
like governing body of the several counties of the state, the
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l. 1: ULLCLLUJ— U-LDepartment of Transportation, upon approval uf
Transportationr shall participate in the salary of the
engineer trainee in the county in an amount equal to 50
percent of the annual salary of the engineer trainee. The
amount is to be paid to the county in equal monthly
installments to reimburse the fund of the county from which
the salary of the engineer trainee is paid.
"(b) The amount contributed or paid by the
Department of Transportation to any county under this article
shall not include retirement contributions, Social Security,
unemployment compensation, or other employee benefits, nor
shall the amount contributed or paid exceed +l+ 50 percent of
the annual salary schedule of the Department of Transportation
under the graduate Professional cgivil egngineer ;
classificationL_step 18, or the top step, whichever is
greater, as established by the Department of Transportation
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for the year in WhiCh applied, U]. (2}, 1.11 the: can: uf an
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"§40-12-242.
"lal The following annual license taxes and regis—
tration fees are hereby imposed and shall be charged on each
private passenger automobile operated on the public highways
of this state and on each motorcycle operated on the said pub-
lic highways:
(1) For each private passenger automobile $13.00
(2) For each motorcycle $7.00
" No private passenger automobile and no motorcycle
shall be used on any public highway in the state unless the
proper license tag therefor has been procured and is securely
attached to the rear end thereof, such tag to be so attached
right side up with the number thereof in an upright position
and plainly visible.
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"(b) In addition to the annual license taxes and
registration fees impossd in subsection (a) above and
slsewhere in Article 5 of Chapter 12 of Title 40, there is
hereby imposed and shall be charged;
“(1) an annual license tax and registration fee of
$200.00 on esch battery electric vehicle opesated on the
public highways of thls_state, and
"(2) an annual license tsx and registration fee of
S100.00 on each plsg—in hybrid electric vehicle operated on
the public highways of this stslsl
" A battery electric vehicle is deflned as any motor
vehicle which draws propulslon energy solely or primarily fssm
onboard sogsces of stored electric energy from s plug-in
rechargeable electric energy sporage system and which does not
inclsge an internal combustion or heat englne using
combustible fuel. A plug-in hybrid electric vehicls_ls defined
as any motor vehicle which draws propulsion energy from
gflpoard sources of stored electric energy that can be plugged
into an outlet os_charging station, and which lssludes an
internal combustion or heat engine using combustible fuel.
"(c) Beginning on July 1, 2023 and every fourth year
thereafter, thegsggltional license tax andgssgistration fee
specified in thls_sst shall increase by three dollars ($3).
"(d) The annual battery electslc vehicle fee imposed
in subsection (b)(1) shall be reduced by the amount of any
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future additlonal annual federal sgrchsrge or registration fee
placed on a battery electrlc vehicle, and the annusl_plug-in
hybrld electric vehicle fee imposed_ln subsection (b)(2) shall
be reduced by the amount of any future annual_federal
surcharge or registration fee placed on a plug-in hybrid
electric vehicle, if the federal surcharge or registration fee
is used solely for highway transportation purposes in the
state of Alabama, but in no case shsll the battery electric
vehicle fee be reduced to less than $150 and the plug—in
hybrid electric vehicle fee be reduced to less than $75.
"(e) The Electric Transportsrlon Infrastructure
Grant Program is created_slthin the State Department of
Transportatrgs. The program shall be admrnistered, conducted,
sad managed, and its funds shall be dispersed by, the State
Department of Transportation, which shsll have all the powers,
authorities, rights, privileges, and titles necessary to
enabls_lt to accomplish the purpose of the Electric
Transportation Infrsstructure Grant Progrsm. The State
Deparrment of Transportation rs authorized and directed to
promulgate rdlss for the Electric Transportation
lsfrastructure Grant Program including the solicitation,
appllgation, evaluation, and selection of grsnt applicants,
the distribution of grants for electric vehicle charging
infrastructure, and the dse of grant funds through the Alabama
Administrative Procedures Act.
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"(f) Notwrthstanding any other statute or law to the
contrary, all proceeds of the annual license taxes and
registration fees imposed and chsrged in subsection (b) above,
after deddction pursuant to Section 40—12—269 (a)(1), Code of
Alabama 1975, shall be distributed as follows: I
"(1) The first $150 collected from the annual
license tax and registration fee on each battery electric
vehicle and the first $75 collected from the annual license
tax and registration fee on each plug-in hybrid electric
vehicle shall be distributed sixty-slx and sixty-seven one
hundreths percent (66.67%) to the state, twenty-five percent
(25%) to counties, and eight ssd thirty—three one huedreths
percent (8.33%) to cities.
"(2) The remainder shall be deposited in the Rebuild
Alabama Fund estsblished pursuant to the provisions of this
act, and shall be used by the State Department of
Transportatrep to fund electric vehicle transportation
charging infrastructdre through the Electrre Transportation
Infrsstructure Grant Program established in thisgect until
such time as the total annual registratlpns of battery
electrlc vehicles plus plugjln hybrid electric vehicle exceed
four percent (4%) of the totsl annual registratlens of all
motgr vehicles within the state of Alabama, except trailers
and semitrailers, for which an annual llcense tax and
reglstration fee is pald. Thereafter the annual license taxes
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and registration fees imposed by subsection (b)(ll_end (b)(2)
shall be reduced to $150 end $75, respectively, and after sggg
reduction the receipts shall be deposited into the Rebuild
Alabams_§gnd and distributed sixty-six and sixty-seven one
hundreths percent (66.67%) to the state, twenty-five percent
125%) to the counties, and eight end thirty—three one
hundreths percent (8.33%) to the cities to be used_ln the
constrggrlon, reconstruction, malntensnce, and repair of
public roads, highways, and bridges in the state, and for any
other_purpose for which moneys ln the Rebuild Alabama Fund may
be lawfully used, All previously collected bet unspent funds
dedleated to the Electric Transportation Infrastructure Grant
Program shell continue to be used to fund_the Electric
Transportation Infrssrructure Grant Program.
"(g) The annual license taxes and registratrep fees
pursuant to thls act shall be effective January 1, 2020.
"§40-17-33l.
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"(a) There is hereby imposed a floor-stocks tax on
motor fuel held in inventory ggtside of the bulk
transfer/terminal system
increase and on the date
levied by the amendatory
"lb) Each rate
shallgbe the incremental
on thegerfective date of the tax
of each subsequent tax increase
language of this act.
of the tsx imposed by this segrlge
amount of taxrlmposed under the
smendatoryglenguage or_this act.
"(c) Any wholesale distributor holding motOr gggl in
leyentory outside of the bulk transfer/terminal system on the
effective date of each tax incresse levied_by the amendatory
langgage of this act shell be lisble for the tax.
"ldj The tax imposedrby the amendatory lenguage gr
this act shell be pald on or before the last day of the third
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month following each tax increase and shall be paid_in the
manner prescribed by the department."
Section 4. Definitions. When used in this act, the
following words and phrases shall have the following
respective meanings unless the context clearly indicates
otherwise:
(1) ALDOT. The Alabama State Department of
Transportation provided for in Section 23-1-20, Code of
Alabama 1975, as amended.
(2) ATRIP—II COMMITTEE. The Alabama Transportation
Rehabilitation and Improvement Program Committee—II
established pursuant to this act.
(3) ATRIP-II PROJECTS. Those Road and Bridge
Rehabilitation and Improvement Projects submitted to and
received by the ATRIP—II Committee for funding in accordance
with the provisions of this act.
(4) COSTS. As applied to any road and bridge
project, all costs of construction or acquisition of any part
thereof, including, but without limitation to, the costs of
supervising, inspecting and constructing any such project and
all costs and expenses incidental thereto, the costs of
locating, surveying and mapping, development of engineering
plans and specifications, resurfacing, restoration and
rehabilitation, acquisition of rights—of-way, utility
relocation, and improvements which directly facilitate and
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control traffic flow, including grade separation of
intersections, widening of lanes, channelization of traffic,
and traffic-control systems.
(5) LEGISLATURE. The Legislature of Alabama.
(6) SPECIAL TAXES. (a) The excise taxes levied under
subdivisions (1), (2) and (3) of subsection (a) of Section
40—17—325, as amended hereby, with the exception of those
portions of those taxes levied on aviation fuel and marine
gasoline, and;
(b) the additional annual registration fees imposed
pursuant to Section 40-12-245 40—12—274, as herein provided.
(7) STATE. The State of Alabama.
Section 5. There is hereby created the Rebuild
Alabama Fund in the State Treasury. All proceeds from the
revenues designated to the fund pursuant to this act less the
cost of collection authorized by law shall be deposited into
the fund to be expended only as provided in this act.
Section 6. (a) Effective for tax periods beginning
after August 31, 2019, an additional excise tax of six cents
($0.06) is imposed on each net gallon of gasoline and diesel
fuel.
(b) Effective October 1, 2020, this additional
excise tax is increased by two cents ($.02) to eight cents
($0.08) on each net gallon of gasoline and diesel fuel.
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(c) Effective October 1, 2021, this additional
excise tax is increased by two cents ($.02) to ten cents
($0.10) on each net gallon of gasoline and diesel fuel.
(d) Beginning October 1, 2023, and on dune—1 July 1
of every other year thereafter, the excise tax rate provided
in this section shall be adjusted by the percentage change in
the yearly average of the National Highway Construction Cost
Index (NHCCI) issued by the U. S. Federal Highway
Administration (FHWA) for the most recent 12-month period
ending December 31, compared to the base year average, which
is the average for the 12-month period ending December 31,
2020 and rounded to the nearest whole cent. The maximum amount
of increase or decrease in the excise tax rate shall not
exceed $.01 per net gallon of gasoline or diesel fuel and
shall take effect every other year. The Department of Revenue
shall notify each terminal supplier, position holder, licensed
distributors distributor, and importer of the tax rate
adjustment applicable under this paragraph for-the—ifi-month
perhmidmagrnning on or before March 1.
(e) This additional excise tax shall be levied,
administered, and collected in accordance with the provisions
of Article 12 of Chapter 17 of Title 40 of the Code of Alabama
1975, provided that the due date for payment and filing of
returns for all motor fuel taxes, including the additional
amounts levied in this act, shall be the 20th day of the month
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following the month in which the tax accrues, except as
otherwise provided in Section 40—17-340 (d), and the bond
required under Section 40—17—335 (a)(1) shall not exceed three
million dollars ($3,000,000). The net tax proceeds, after the
cost of collection and distribution to the Alabama Highway
Finance Corporation authorized by this act shall be
distributed to the state and to each county and municipality
for transportation infrastructure purposes in accordance with
the provisions this act.
Section 7. (a) The Alabama Department of Revenue
shall retain one-quarter of one percent (0.25%) of the tax
proceeds, less any refunds, from this additional excise tax on
gasoline and diesel fuel for its cost of collection. The
department is authorized to adopt rules and such forms as may
be necessary for the administration of the excise tax provided
for in this act.
(b) Each month, prior to the remaining payments
provided in this act, up to $750,000 of the tax proceeds from
the additional excise tax on gasoline and up to $230,000 of
the tax proceeds from the additional excise tax on diesel fuel
shall be distributed first to the Alabama Highway Finance
Corporation for the payment of the principal of and interest
on bonds to be issued by it to finance improvements to the
ship channel providing access to the facilities of the Alabama
State Docks, to the extent necessary for such purpose. The
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amount distributed pursuant to this section may be pledged as
security for any loan or debt proceeds as deemed necessary by
the Alabama Highway Finance Corporation to finance said
improvements, but not to exceed one-hundred fifty million
dollars ($150,000,000) in aggregate principal amount to be
used for improvement projects. This distribution of tax
proceeds to the Alabama Highway Finance Corporation shall
terminate at the final maturity of the bonds secured by these
tax proceeds, provided that the bond term shall not exceed
twenty (20) years.
(c) Notwithstanding any other law to the contrary,
the net tax proceeds remaining after any refunds, the cost of
collection and the distribution to the Alabama Highway Finance
Corporation authorized above shall be distributed as follows:
(1) Sixty-six and sixty—seven one hundreths percent
(66.67%), shall be allocated to ALDOT and deposited in the
Rebuild Alabama Fund, to be used for transportation
infrastructure improvement, preservation and maintenance
projects pursuant to the provisions of this act. The net tax
proceeds may be used to match any available federal, state and
local transportation funding. The funds allocated to the
department shall be audited by the Examiners of Public
Accounts in the same manner as all other department funds. The
Director of ALDOT, with approval of the Governor, may also
pledge a share of the net tax proceeds not to exceed fifty
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percent (50%) of said proceeds as security for the issuance or
refinancing of any loan or debt obligation used for
transportation infrastructure improvement, preservation and
maintenance of projects pursuant to the provisions of this
act. This pledge shall be irrevocable for the duration of the
loan or debt obligations for which the net tax proceeds are
pledged.
a. ALDOT shall not use the net tax proceeds for any
of the following purposes:
1. Salaries, benefits, or any other form of
compensation for state or contract employees except as
included as direct project Costs and subject to audit by the
Examiners of Public Accounts.
2. The purchase, lease, or maintenance of equipment,
other than equipment purchased and permanently installed as a
part of a road or bridge project.
3. The maintenance or construction of public
buildings or other structures that are not integral to the
system of roads and bridges.
b. Beginning on Oct. 1, 2019, (and each October 1
thereafter), ALDOT will allocate $400,000 to each county in
exchange for the annual federal allocation of $533,000 which
was being distributed to each county on the effective date of
this act. Nothing in this act shall prohibit ALDOT from
utilizing these exchanged federal funds at its discretion and
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in a manner consistent with Federal Highway Administration
(FHWA) procedures.
c. The $400,000 annual allocation to each county
shall be utilized first as matching funds for any balance in
the county's federal allocation not authorized by Sept. 30,
2019. Once these unexpended funds are authorized for an
individual county, all remaining and future allocations
established herein shall be expended for road and bridge
projects on county roads classified as minor collectors or
higher and/or for bridge structures on the National Bridge
Inspection inventory.
d. The provisions of this section notwithstanding,
counties shall retain the ability to be awarded and utilize
other federal funds or state grants which are or may become
available after the effective date of the exchange of current
federal funds. Further, the exchange of current federal funds
does not preclude a county from the award or utilization of
any federal funds earmarked in the future for local
governments through FHWA and/or any federal appropriation
legislation.
(2) Twenty-five percent (25%) shall be allocated to
counties of the state to be used for transportation
infrastructure improvement, preservation and maintenance as
provided for in this act. It shall be allocated and disbursed
among the 67 counties of the state as follows:
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HB2
a. Forty five percent (45%) of the amount shall be
allocated equally among the 67 counties of the state.
b. Fifty—five percent (55%) of the amount shall be
allocated among the 67 counties of the state on the basis of
the ratio Of the yuyulativu Uf Bach buunty tu thc tvtal
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SICLCLULULC l laid in any county. population of the state
according to population projectipns from the U.S. Census
Bureau Population and Hogsing Estimates Program or any special
federal census hegetofore held in any county. Begipning in
2020, the ratio of the population of each county to the total
pgpglation of the state shall be updated every five years.
c. The net tax proceeds may be used to match any
available federal, state and local transportation funding. The
governing body of a county may also pledge its share of the
net tax proceeds not to exceed fifty percent (50%) of said
proceeds as security for the issuance or refinancing of any
loan or debt obligation used for transportation infrastructure
improvement, preservation and maintenance. This pledge shall
be irrevocable for the duration of the loan or debt
obligations for which the net tax proceeds are pledged.
d. Counties must ensure that at least fifty percent
(50%) of the funds are allocated for projects utilizing
established bidding procedures submitted by the Association of
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County Engineers of Alabama and approved by the Department of
Examiners of Public Accounts. In addition, the county may
utilize such funds to meet any other project matching
requirements associated with other federally or state funded
transportation projects, upon approval of the county
commission. A county may utilize over fifty percent of their
annual allocation of these funds for project match if the
project follows the provisions for bidding herein described or
is let to contract through ALDOT.
(3) Eight and thirty-three one hundreths percent
(8.33%) shall be allocated and disbursed to the municipalities
of the state to be used for transportation infrastructure
improvement, preservation and maintenance, as provided for in
this act, as follows:
a. Twenty—five percent (25%) of this amount shall be
allocated equally among the municipalities of the state.
b. Seventy-five percent (75%) of this amount shall
be allocated among the municipalities of the state on the
basis of the ratio of the population of each municipality to
the total population of all municipalities of the state
_'I‘ L L1. 1 L ._1 1. L t .J 1 1 ' 1
GLLULULLIy LU L11: LGDL GIIU G511 DUMBCHUCIlL LCUCLGJ- UCDCIIIILGL
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according to the population projections from the U.S. Census
Bureau Population and Housing Estimates Program or any special
federal census heretofore held in any municipality. Beginning
Page 19
H82
in 2020, the ratio_of the population of each munigipality to
the total population of the state shall be gpdated every five
years. The population ofgagy municipality incorporated
subsequent to the taking of the last federal decennial census
shall be deemed to be the population shown by the census for
that municipality. Any municipality incorporated after the
effective date of this act shall not participate in the
distribution provided for in this subsection until the fiscal
year next succeeding the fiscal year during which it is
incorporated.
c. The net tax proceeds may be used to match any
available federal, state and local transportation funding. The
governing body of a municipality may also pledge its share of
the net tax proceeds as security for the issuance or
refinancing of any loan or debt obligation used for
transportation infrastructure improvement, preservation and
maintenance. This pledge shall be irrevocable for the duratiOn
of the loan or debt obligations for which the net tax proceeds
are pledged. Any Class 1 through 4 municipality that provides
or operates public transportation services on the effective
date of this act, may utilize an amount not to exceed ten
percent (10%) of the net tax proceeds received annually by
that municipality pursuant to this act to match any available
federal or state transportation funding available for public
transportation infrastructure improvements.
Page 20
H82
(d) The distribution prescribed by Section 7 of this
act shall begin no later than January 2020.
Section 8. The net tax proceeds allocated to ALDOT
in subsection (c) of Section 7 above shall be used for the
following program purposes and ALDOT shall annually report the
results of the programs and itemize the specific projects to
the Permanent Joint Transportation Committee of the Alabama
Legislature in compliance with such procedures established by
or for the committee:
(a) Congestion Relief Program — The purpose of this
program is to add capacity to State, US and Interstate routes
in highly congested areas of the state. ALDOT shall develop an
assessment and prioritization plan to allocate funds for
congestion relief projects on the state's transportation
infrastructure.
(b) Economic Development Roads Program - The purpose
of this program is to develop and improve transportation
infrastructure to enhance economic development efforts in the
State of Alabama. ALDOT shall develop an assessment and
prioritization plan to allocate funds for economic development
road projects with priority given to projects in economically
underserved areas of the state.
(c) System Preservation - The purpose of this
program is to address the ongoing and growing preservation and
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HB2
maintenance needs of the state's transportation
infrastructure.
(d) ALDOT shall create an annual grant program of no
less than ten million dollars ($10,000,000) for use on any
classified system of roads and bridges for which any city
government or county government may apply. All projects
granted under this program are to be bid and let by the
respective county or municipality following procedures
approved by ALDOT. ALDOT shall develop and publish rules to
establish funding criteria and create an application process
to receive and select projects for funding by September 30,
2019. The first round of grant applications shall be due by
November 30, 2019 and award of the grants shall be made by
ALDOT on or before January 15, 2020.
(e) There is hereby created an Alabama
Transportation Rehabilitation and Improvement Program—II
(ATRIPwII) to fund projects of local interest on the state
maintained highway system, which may also include local roads
and bridges essential to such projects. All ATRIPHII Projects
shall be developed and let to contract by ALDOT. The ATRIP-II
program shall be an annual program beginning in fiscal year
2020 and shall be funded at an amount of not less than thirty
million dollars ($30,000,000) and not more than fifty million
dollars ($50,000,000) which amount shall be at the discretion
of the Director of ALDOT.
Page 22
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HB2
"(f) All ALDOT Projecta_funded pursuant to this
sectaon shall be let to contract by ALDOT and subject to the
followinqgrequirements:
a. ALDOT shall establish and apply Disadvantaqed
Business Enterprise (DSEL goals in the same manner and
consistent with the requirements respectinq D§Es of the
Federal Hiqhway Administration (FHWA) for road ang bridqe and
other similar contracts funded with federal funds. The DBE
goal for ALDOT Projects fundeg_pursuant to this section shall,
to the extent reasonably possible, be the same as the qoal
estaplished annually by ALDOTAfpr contractsgfunded with
federal fands and approved by FHWA. ALDOT shall, to the
ggeatest extent possible, ensgre that DB§_firms are included
in the procurement pgocess as eagly as possible with the
gpjective of ensurinq participation levels can be met. ALDOT
will identify qualified DBE vendors during the design process
and communicate that list to the prospective prime contractoga
Egior to the baddinq progaas. ALDOT shall provide, on October
1 of every fiscal year of thegatate, beqinninq Decembe; l,
_921, for the year commencing Octoba; 1, 2020, a report of
ALDOT Projects let to contract pursuant to this sectggn,
includinq information on the established DEE qoals for ALDOT
Projects, to the Chair of the qQant Transportation Committee,
the Governor, the Senate Pro Tempore, the Speaker of the
Alabama House of Representatives, the Alabama Senate Minority
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HB2
Lgader, and the Alabama House of Representatives Minority
Leader.
In the event AQDOT was not successful in meeting
their DBE goalstin_a particulai_fiscal year,taiDOT will be
required to provide to the Joint Tranaportation Committee a
yiitten strategy along with the annual project report that
will outiine how the qgals will be addressed in the coming
iiscal year, inciuding an analysis of the primary reasons that
DBEs were unsuccessful bidders and the impediments to
successfti_pBE bids.
b. ALQOT shall utilize its GFO dated August 14,
2018, fqi_the next fog; years to design eguivaigpt pavement
sections. At that time the Department shall evaluate what
proceduies to adopt going forwatg in consultation with, o_
otherwise informing as soon as practigable, the Peimanent
gaint Transportation Committee. Any exception to the GFO shall
be presented to the Joint Transportation Committee.
c. E9i_the next fog; years, where feasible and
practitai, ALDOT wili_proide alteinative pavement designs
utilizinq asphalt or concrete materiais and shall seek bids."
Section 9. (a) All county and municipal projects let
to contract, as the case may be, shall utilize contractors and
material suppliers listed on the ALDOT's list of approved
contractors and suppliers. ALDOT's list of approved
contractors and material suppliers shall include the ALDOT's
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HBZ
Certified Disadvantaged Business Enterprise List. Beginning
October 1, 2020, and October 1 of every other year, each
county and municipality shall provide a list of all
contractors who have been awarded projects under this section
to the Senate President Pro Tempore, the Speaker of the House,
and the Chair of the Joint Transportation Committee.
Notwithstanding any provision of law to the contrary, no
bidding shall be required by the county for asphalt or other
road construction or repair materials if the county has an
annual contract for providing such materials.
(b) For all municipal projects, the appropriate
plans and bid opening date shall be published in electronic
form no later than the tenth day of the month preceding the
bid opening on a website maintained for that purpose by the
Alabama League of Municipalities.
(c) Bids for county and municipal contracts awarded
under this section shall only be awarded in accordance with
Section 39n2-6, Code of Alabama 1975, as amended, during a
regularly—scheduled meeting of the governmental body of the
county or city, as the case may be. Immediately after the
completion of each project, the publication notifications
required by Section 39-l—l(f), Code of Alabama 1975, as
amended, shall be satisfied by posting on the same website
utilized for the posting of specifications and notice of bid
openings.
Page 26
HBZ
Section 10. (a) There is hereby created the Alabama
Transportation Rehabilitation and Improvement Program—II
(ATRIP—II) Committee. The appointing authorities shall
coordinate their appointments to assure the committee
membership is inclusive and reflects the racial, gender,
geographic, urban, rural, and economic diversity of the state.
All members of the ATRIP—II Committee shall be appointed
within 30 days after the effective date of this act and shall
serve until a successor is named. Members of the ATRIP—II
Committee shall consist of:
(l) The Director of the State Department of
Transportation who shall serve as Chair of the ATRIP—II
Committee.
(2) The Lieutenant Governor or his or her designee.
(3) One member appointed by the President Pro
Tempore of the Senate.
(4) One member appointed by the Speaker of the House
of Representatives.
(5) Three Egg; members appointed by the Governor, at
least one of which shall be a representative of local
governmentST governments,tand at least one of which shall be a
minority.
(b) The ATRIP—II Committee is authorized to enter an
agreement with any funding authority or bank that is
authorized to issue tax exempt debt for infrastructure
Page 27
HB2
purposes to pledge any of the annual revenue proceeds
allocated for its use in subsection (c) of Section 7 above as
payment for any loan or debt indenture.
(C) Within 60 days after the effective date of this
act, the ATRIP-II Committee shall convene to develop and adopt
procedures for the allocation of any revenue proceeds
allocated for its use and for the selection and authorization
of projects to be funded from the revenue dedicated by the
Director of ALDOT for the ATRIP—II program in accordance with
subsection (e) of Section 8. The procedures shall ensure that
project selection shall be for projects related to the state
maintained highway system, which may also include local roads
and bridges essential to such projects, proposed by one or
more local governments. In addition, the policies shall be
developed with an emphasis on the economic growth, public
safety, and stability of this state. The procedures shall also
include provisions to ensure that all projects selected by the
ATRIP—II Committee shall be bid and let to contract by ALDOT
in accordance with any applicable provisions of law. After the
ATRIP—II Committee develops and adopts procedures for the
allocation of any revenue proceeds and the Selection and
authorization of projects to be funded from the revenue
proceeds, a copy of the procedures shall be distributed to
each of the counties and municipalities of the state and shall
be posted on the ALDOT website.
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HBZ
(d) The ATRIP—II Committee, in reviewing ATRIP~II
Projects submitted to it for funding pursuant to the
provisions of this section, shall appraise and consider
information that may be submitted by counties and
municipalities in the applications with respect to those
projects concerning their contracting with businesses or
individuals in carrying out such projects which reflect the
racial and ethnic diversity of the state. A report on the
contracting information submitted by counties and
municipalities shall be distributed by the ATRIP—II Committee
annually to the Governor, the Senate Pro Tempore, the Speaker
of the Alabama House of Representatives, the Chair of the
Joint Transportation Committee, the Alabama Senate Minority
Leader, and the Alabama House of Representatives Minority
Leader no later than October 1 of each year, beginning on
October 1, 2020.
Section 11. (a) The monies paid to counties or
municipalities pursuant to Section 7 of this act shall be
deposited into a separate fund maintained by the county or
municipality and expended only for one or more of the
following:
(1) The maintenance, improvement, replacement, and
construction of roads and bridges maintained by a qualified
county.
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H132
(2) The maintenance, improvement, replacement, and
construction of roads and bridges maintained by a qualified
municipality.
(3) As matching funds for federal road or bridge
projects.
(4) The payment of any debt associated with a road
or bridge project.
(5) For a joint road or bridge project with one or
more adjoining counties pursuant to any agreement executed
under the authority of state law.
(6) For a joint road or bridge project with one or
more municipalities pursuant to any agreement executed under
the authority of state law.
(7) For a joint road or bridge project with one or
more counties and municipalities pursuant to any agreement
executed under the authority of state law.
(b) The county or municipality shall not use any
monies from the fund for any of the following purposes:
(1) Salaries, benefits, or any other form of
compensation for county, municipal, or contract employees or
for county or municipal officials except as included as
project Costs and subject to audit by the Examiners of Public
Accounts.
Page 30
HB2
(2) The purchase, lease, or maintenance of
equipment, other than equipment purchased and permanently
installed as a part of a road or bridge project.
(3) The maintenance or construction of public
buildings or other structures that are not integral to the
system of roads or bridges.
(c) All fund records shall be audited by the
Examiners of Public Accounts in the same manner as all other
county or municipal funds.
(d) The county commission of each qualified county
or municipal governing body of each qualified municipality
shall adopt an annual Transportation Plan no later than August
31 for the next fiscal year, which plan shall be approved by
affirmative vote of a majority of the members of the county
commission or municipal governing body. The plan shall provide
a detailed list of projects f9i_which expenditares are
intended to be made in the next fiscai year and shaii be based
upon an estimate of the revenues anticipated from the fund
during the fiscal year. Once adopted, the annual plan shall at
all times be posted in conspicuous places at the county
courthouse, the county commission office, the county highway
department, municipal hall, the mayor's office, the municipal
highway department, and any other places deemed appropriate by
the county commission or municipal governing body.
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HBZ
Additionally, the plan shall be posted on their respective
official government website, if available.
(e) At the first meeting in January of each year
following the creation of the fund, the county or municipal
engineer or other person designated by the county commission
or municipal governing body shall present to the county
commission or municipal governing body an annual written
report detailing expenditures made from the fund during the
previous fiscal year, which report shall include the status of
each project included in the previous fiscal year's
Transportation Plan. The report shall be entered into the
minutes of the county commission or municipal governing body
meeting and shall be made available to the public for
inspection, including posting on the county's or
municipality's website, if available.
(f) By January 15 of each year, the county engineer
will submit a certificate of compliance verifying that at
least fifty percent (50%) of funding for the last fiscal year
was let to contract, and shall file such certificate with the
Chair of the Joint Transportation Committee, the Alabama
Senate Pro Tempore, and the Speaker of the Alabama House of
Representatives.
Section 12. Section 11-6-6, Code of Alabama 1975 is
hereby repealed.
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HBZ
Section 13. The provisions of this act shall not be
superseded, amended, altered, violated, or overridden by any
provision of the state general fund appropriation act or any
other annual or supplemental appropriation act, administrative
rule, inter—agency transfer, or executive order or directive.
Section 14. Pursuant to Section 1—1—16, Code of
Alabama 1975, if any provision of this act is held by a court
of competent jurisdiction to be invalid, such invalidity shall
not affect the remaining provisions of this act, and to this
end the provisions of this act are declared severable.
Section 15. This act shall become effective
immediately following its passage and approval by the
Governor, or its otherwise becoming law.
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HBZ
777424W
Speaker of the House of Representatives
_/ 4:1:-
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in
and was passed by the House OS-MAR—19, as amended.
Jeff Woodard
Clerk
Senate lZ-MAR~19 Passed
WWW?
TIME 35—0014.
aM/Ve,Alabama Secretary
Of StateG¢VE
Bill Nun...:
Recv'd EBIialIBekzefipIS
LF
Page 34
iSOR
iole,
PONSORS
HOUSEACTION
SENATEACTION
IHEREBYCERTIFYTHATTHE
RESOLUTIONASREQUIRED
IN
SECTIONCOFACT
NO.
81-889
WASADOPTEDAND
ISATTACHED
TOTHE
BILL,H.B.
YEAS
NAYS
JEFFWOODARD,
Clerk
DATE:
3-3
201;:
/
RD1RFD
)4E
IHEREBYCERTIFYTHATTHE
NOTICE
8:PROOF
ISATTACHED
TOTHEBILL
H.B.
ASREQUIRED
INTHEGENERAL
ACTSOFALABAMA,1975ACTNO.
919.
JEFFWOODARD,
Clerk
This
Billwas
referred
totheStanding
Committee
ofthéSenateon
7+
andwasacteduponbysuchCommittee
in
sessionand
isbyorderoftheCommittee
returnedtherefromwithaW
wlamendts)
-wlsub
-byavoteof
yeas_
/2
naysQ
abstainO
tis[tda
201:!
Chairperson
DATE:3
vii
If
RF
(:49
RDZCAL
CONFERENCECOMMITTEE
HouseConferees
DATE:
20—
RE—REFERRED
Ci
RE—COMMITTEDD
Committee
Ihereby
certify
thatthe
Resolutionas
required
inSectionC
ofActNo.81-889
wasadoptedand
isattached
tothe
Bill,
HB
YEAS
NAYS
PATRICKHARRIS,
Secretary