An act relating to the six (6) year road plan. Be it enacted by the General Assembly of the Commonwealth of Kentucky



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UNOFFICIAL COPY AS OF 4/12/2016 1998 REG. SESS. 98 RS HB 655/EN

AN ACT relating to the six (6) year road plan.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Section 1. KRS 176.419 is amended to read as follows:

As used in KRS 45.245, 45.246, 176.420, 176.430, and 176.440:[, 176.460, and 176.470,]

(1) "Project" means the design, right-of-way, utility, or construction phase of a highway construction project; and

(2) "Six (6) year road plan" means the short-term individual transportation projects that are scheduled to be constructed in each county and that are submitted each regular session to the General Assembly by the Department of Highways, including any amendments the General Assembly makes to the projects prior to the plan being enacted. The six (6) year road plan projects with phases scheduled for funding during the ensuing biennium shall be enacted in the budget memorandum and the projects with phases in the last four (4) years of the plan shall be enacted in a joint resolution and shall include, but not be limited to:

(a) The county name;

(b) The Kentucky Transportation Cabinet project identification number;

(c) The route where the project is located;

(d) The length of the project;

(e) A description of the project and the scope of improvement;

(f) The type of local, state, or federal funds to be used on the project;

(g) The stage of development for the design, right-of-way, utility, and construction phase;

(h) The fiscal year in which each phase of the project should commence;

(i) The estimated cost for each phase of the project; and

(j) The estimated cost to complete the project.

Section 2. KRS 176.420 is amended to read as follows:

(1) The Department of Highways shall undertake a continuing study of the needs of the highways under its jurisdiction for the purpose of bringing existing facilities to acceptable standards or for the replacement of existing facilities where required.

(2) The Department of Highways shall submit the six (6) year road plan to[provide] the General Assembly[,] within ten (10) working days of submission of the executive budget by the Governor to each[the] regular session of the General Assembly pursuant to KRS 48.100[, the biennial highway construction program and the additional four (4) year construction plan]. The six (6) year road plan submitted shall be divided into six (6) sections as follows:

(a) The first section shall set forth the cabinet's revenue estimates and assumptions used in developing the six (6) year road plan.

(b) The second section shall list the projects identified in the six (6) year road plan as defined in Section 1 of this Act.

(c) The third section shall be the list of projects targeted for potential advancement, which is identified in subsection (1) of Section 3 of this Act.

(d) The fourth section shall specify statewide projects that are listed under "ZVARIOUS 99" category.

(e) The fifth section shall provide a comparison of the proposed six (6) year road plan to the six (6) year road plan enacted the previous biennium by the General Assembly. The comparison shall include a justification statement documenting the reason any project in the previously enacted six (6) year road plan was deleted from the proposed plan.

(f) The sixth section shall list by county all active road construction projects that are not included in the plan or are not shown in the plan submitted to the General Assembly because funding has been authorized for the project or work has been initiated on the project[biennial highway construction program shall detail those projects that the department shall advance to construction or preconstruction during the ensuing biennium. The Transportation Cabinet shall submit a justification statement for any project changed or deleted, including completed projects in the biennial highway construction program].

(3) The department shall provide the General Assembly an electronic version of the six (6) year road plan as defined in Section 1 of this Act at the same time the department submits the printed six (6) year road plan to the General Assembly under subsection (2) of this section. The information shall be[In addition to the information required to be submitted by subsection (2) of this section, the department shall provide the General Assembly with the computer tapes and file layout for the biennial highway construction program and four (4) year construction plan] in a form cooperatively developed[prescribed] by the Transportation Cabinet and the General Assembly and approved by[or] the Legislative Research Commission[ at the same time as the submission of the information].

Section 3. KRS 176.430 is amended to read as follows:

(1) It is the intent of the General Assembly to direct the cabinet to identify projects in the six (6) year road plan that may, in accordance with this section, be advanced from later years, to maximize the use of all funds available to the cabinet, and to plan for the historical precedent of projects being delayed due to unforeseen circumstances. To accomplish the purpose of this section, the cabinet shall submit to the General Assembly, at the same time the six (6) year road plan is submitted, a list of projects from the last four (4) years of the six (6) year road plan, not to exceed ten percent (10%) of the expected appropriations for the biennium, which can be advanced if additional money is received or if a project in the biennium is delayed.

(2) In addition to the list submitted by the cabinet under subsection (1) of the section, the cabinet shall develop a separate list of projects from the last four (4) years of the six (6) year road plan, not to exceed ten percent (10%) of the actual biennial highway construction appropriation, which can be advanced if additional money is received or if a project in either year of the biennium is delayed. This list shall be reported to the Legislative Research Commission.

(3) Any project that is accelerated under subsections (1) or (2) of this section shall be reported to the Legislative Research Commission.

(4) The cabinet may change the fund source on any project in the six (6) year road plan to maximize the efficient use of federal funds[The recommended biennial highway construction program submitted to the General Assembly as provided by KRS 45.245 and KRS 176.420(2) to be commenced during the ensuing biennium shall not exceed the budget submitted by the Governor for highway construction].

(5)[(2)] The projects to be funded in the last four (4) years of the six (6) year plan[recommended additional four (4) year construction plan submitted to the General Assembly as provided in KRS 176.420(2)] shall not exceed revenue estimates provided by the Transportation Cabinet.[ The cabinet's revenue estimates and assumptions shall be submitted with the plan.]

(6)[(3)] In developing the design, right-of-way, utility, and construction phase of[determining] each project, the following factors shall be considered but are not exclusive:

(a) Alignment of existing roads;

(b) The width or elevation of existing roadways and shoulder surfaces;

(c) The width of rights-of-way;

(d) The cost of each phase of the project plus a separate identification of the cabinet's administrative costs for each phase;

(e) The type and volume of traffic;

(f) The condition of structures and drainage;

(g) The accident rate;

(h) The geographic distribution of roadways to be constructed or reconstructed; and

(i) The social, economic, and environmental impact of the proposed project.

(7)[(4)] The six (6) year road[biennial construction program and the four (4) year construction] plan shall designate the fiscal year each phase is scheduled to commence, a cost estimate for each phase, and[including a separate estimate of the cabinet's administrative costs for each phase,] a projected[ construction] date for each phase to begin[, and construction cost estimate].

(8)[(5)] The Transportation Cabinet shall monthly transmit electronic data[report monthly] to the General Assembly through the Legislative Research Commission on all activity relating to all projects with open activity conducted by the Transportation Cabinet during the biennium. The data for each project shall contain all cabinet activity on projects funded through the road fund including resurfacing and rural and secondary projects, and shall also include but not be limited to the following:

(a) District number and project item number which shall remain in effect throughout the entire life of the project, subject to the following conditions:

1. A project split into more than one (1) project during its life shall maintain the same item number with a suffix;

2. Two (2) or more projects merged shall be identified by the new merged project maintaining the project item number of one (1) of the projects being merged. The total cost of the merged project shall be set forth; and

3. A project that has been merged with another project and all funds authorized for the initial project that is subsequently shifted to the new merged project shall remain in the six (6) year road plan and shall be identified with a cross reference to the superseded project and superseded project item number;

(b) The county name and county number;

(c) The route prefix, route number, and route suffix;

(d) Termini description including beginning milepoint and ending milepoint;

(e) Type of work;

(f) Length of the project in miles;

(g) Project authorization system number, date the project was authorized, the TD-10 number authorizing the project, and the amount authorized;

(h) Year the project was enacted in a six (6) year road plan, and the notation "A" if the project is active and the notation "I" if the project is inactive;

(i) The phase code "P" for the planning phase, "D" for the design phase, "R" for the right-of-way phase, "U" for the utility phase, and "C" for the construction phase;

(j) The original estimate, fund code, and fiscal year each phase is expected to begin as enacted in the six (6) year road plan;

(k) The current estimate, fund code, and fiscal year each phase is expected to begin;

(l) The status of funding for each phase;

(m) The date current information has been changed for each phase;

(n) The letting date for each phase;

(o) Total number of right-of-way parcels, deeds signed, suits filed, and right-of-way entries completed;

(p) The date right-of-way plans are to be submitted to the central office in Frankfort and the status of right-of-way plans;

(q) Total utility relocations to be completed and the actual number completed;

(r) The award date, the construction project code number, and the award amount for the construction phase;

(s) The total number of contract change orders issued for each phase, the date of the most recent change order; and the net change order amount for each phase;

(t) The name of the contractor, the contractor's vendor number in the Statewide Accounting and Reporting System (STARS), current contract amount, and the current amount earned by the contractor;

(u) The estimated date for completion of the project, current percentage of work completed based upon time, and the actual contract completion date;

(v) The department's engineer's estimate for the project; and

(w) Total expenditures by phase.

(9) The department shall monthly transmit electronic data to the General Assembly through the Legislative Research Commission on the activity on all state resurfacing projects and all rural secondary projects that shall include as much applicable information as possible as identified in subsection (8) of this section.

(10) The department shall pursue digitizing all Kentucky roads on a geographic information system as funds are made available by the General Assembly. The digitized maps shall merge map layers and text layers to produce maps that display geographic information and textual information detailing the six (6) year road plan as enacted by the General Assembly[and Transportation Committee on action taken to execute the biennial highway construction program and four (4) year construction plan. The cabinet shall submit a written report as well as an electronic report identifying the following information on projects included in the biennial highway construction program and the four (4) year construction plan:

(a) Advertisements relating to the letting of projects;

(b) The top three (3) bids including the amount of the contract awarded and the contract number;

(c) Final project cost estimates;

(d) Bid rejections;

(e) All contract change orders required to be submitted pursuant to KRS 45.247(2); and

(f) All project authorizations.

(6) The secretary of transportation shall be responsible for the execution of each biennial highway construction program and four (4) year construction plan as approved by the General Assembly and shall through the monthly report required by subsection (5) of this section promptly account for and explain any deviations of funding and schedule to the Interim Joint Committee on Transportation].

Section 4. KRS 176.440 is amended to read as follows:

(1) The state highway engineer shall provide a cost estimate for any project that a member of the General Assembly desires to be considered for advancement or inclusion in the six (6) year road plan if the request is received in writing by the secretary of the Transportation Cabinet no later than November 1 of the year prior to the convening of each regular session of the General Assembly. The cost estimate under this subsection shall be provided prior to January 15 of the following year[No later than July 1 of each odd-numbered year prior to the convening of each regular session of the General Assembly, the cabinet shall furnish the biennial highway construction program, and the additional four (4) year construction plan. The cabinet shall submit the information with accompanying electronic format and file layout in a form prescribed by the General Assembly. If the cabinet fails to submit the information required by this subsection on July 1, the Transportation Committee shall notify the Legislative Research Commission and the Appropriations and Revenue Committee of the cabinet's noncompliance].

(2) [When]The six (6) year road[final biennial highway construction program and the additional four (4) year highway construction] plan[ are] presented to the General Assembly for approval and funding as provided in KRS 45.245, the budget memorandum, Section 2 of this Act, and KRS 176.420(2)[, any project changes, additions, and deletions that the General Assembly determines are not in accordance with the factors stated in KRS 176.430(3)] may be amended by the General Assembly. An amendment by the General Assembly that results in the addition of a new project phase to the six (6) year road plan shall use project phase costs supplied by the state highway engineer.

Section 5. KRS 45.245 is amended to read as follows:

The provision of any other law notwithstanding:

(1) The Governor shall include in the executive branch budget recommendation and in the draft budget bill for the executive branch submitted to each regular session of the General Assembly pursuant to KRS 48.100, the appropriations by each source of funds for a recommended six (6) year road plan[biennial highway construction program].

(2) The Governor shall submit a recommended six (6) year road plan to the General Assembly[biennial highway construction program] within ten (10) working days after submission of the branch budget recommendations pursuant to KRS 48.100.

[(3) The recommended biennial highway construction program shall include:

(a) A complete list and summary description of each specific highway project recommended for funding during the biennium; and

(b) For each project:

1. The county and highway district;

2. The highway department item number for each project which shall remain in effect throughout the entire life of the project, subject to the following conditions:

a. A project split during its life shall maintain the same item number with a suffix; and
b. Merged projects shall be identified with a cross reference to the superseded item number;

3. The route number and total miles to be constructed;

4. A project description;

5. The fiscal year each project phase is to commence and all estimated costs of each project phase including administrative costs of the cabinet; and

6. The source of funding to be used.

(4) During each biennium the amount allotted, from all sources, for expenditure on any project in the highway construction program for that biennium, shall not exceed the appropriation to the project by more than fifteen percent (15%) as shown in the biennial highway construction program, except as provided in KRS 45.247.

(5) Appropriations from the road fund to the recommended biennial highway construction program shall be based on the revenue estimates pursuant to KRS 48.120. In addition, the cabinet shall provide a separate and specific list of projects from the four (4) year plan which may be accelerated in the event biennial projects are delayed pursuant to KRS 176.460. This list shall not be included in the biennial highway construction program and shall not exceed twenty percent (20%) of the total amount appropriated for highway construction projects for the biennium. If additional highway construction projects are proposed that exceed revenue estimates pursuant to KRS 48.120 or that require the suspension or modification of an existing statute, the projects shall be separately stated and categorized with the recommended funding source and account.]

Section 6. KRS 45.246 is amended to read as follows:

The draft branch budget bills and draft bills including an appropriation provision, and the biennial highway construction act or acts submitted to the General Assembly by the Governor, and the act or acts enacted by the General Assembly, shall comply with the provisions of KRS 45.245 to 45.247[45.248]. Expression of general exclusion including, but not limited to, "any act or statute to the contrary notwithstanding," and "the provisions of any other law notwithstanding" shall not be effective as an exemption from the provisions of KRS 45.245 to 45.247[45.248]. Exemptions from the provisions of KRS 45.245 to 45.247[45.248] shall include the specific projects exempted.

Section 7. KRS 45.247 is amended to read as follows:

[(1) The Transportation Cabinet shall, prior to awarding any project phase that exceeded its cost estimate by more than fifteen percent (15%), present the project overrun to the Interim Joint Committee on Transportation for review as provided by KRS 45.248. Presentation of a project overrun shall include written certification to the Interim Joint Committee on Transportation from the state highway engineer of the Transportation Cabinet, that the project overrun is necessitated by cost increases resulting from unanticipated circumstances. This certification shall provide the specific details which have caused the project overrun.

(2) After the Transportation Cabinet has awarded a contract for a project, the cabinet shall submit written notification to the Interim Joint Committee on Transportation of the amount of the contract, the contract number, and the related item number and phase of work. Upon approving a contract change order that exceeds one hundred dollars ($100), the cabinet shall submit a copy of the change order to the Interim Joint Committee on Transportation for information purposes only. If the General Assembly is in session, the cabinet shall submit the contract change order notification to the House and Senate Transportation Committees for information purposes only.

(3)] There is created within the road fund the highway construction contingency account. The account shall consist of moneys appropriated to the account by the General Assembly. The Transportation Cabinet may transfer money from the highway construction contingency account to a highway construction project, for expenditure thereon. These moneys may be authorized by the secretary of the Transportation Cabinet for:

(1) Projects of an emergency nature;[,]

(2) Promotion of[To promote] economic or industrial development;[,]

(3) Relief of[To relieve] a hazardous condition;[, or]

(4) [For]Other purposes that[which] the secretary determines to be a priority;[.]

(5)[(4) Money in the highway construction contingency account may be used for the following purposes:

(a)] Provision of[Providing] required state match for any unanticipated federal funds made available by the Federal Highway Administration to the Commonwealth as a result of other states not utilizing their total federal obligation;

(6)[(b)] The funding of any nonfederal share of a project in a previous or the current biennial highway construction programs that exceeds its cost estimate;

(7)[(c)] The nonfederal share of federal emergency highway projects, federal discretionary projects, and federal demonstration projects; and

(8)[(d)] The nonfederal share of projects due to an increase in the federal apportionment or federal obligation limits.

[(5) The federal share of projects identified in subsection (1) of this section shall be funded through the appropriate federal aid category.]

Section 8. The Transportation Cabinet shall create a new funding code to be used in the six (6) year road plan to be known as state contingency funds and the abbreviation the cabinet shall use for this funding code shall be SC. The state contingency funding code shall be in addition to all other funding codes used by the cabinet in the six (6) year road plan and shall be used to identify all projects funded with state contingency account moneys.

Section 9. The following KRS sections are repealed:

45.2451   Definition of "project" for KRS 45.245, 45.247, and 45.248.

45.248   Approval of proposed contingency account transfer by legislative committee -- Monitoring of costs of state highway construction.

176.435   Electronic information databases on construction programs.

176.460   Project to be commenced in biennium for which it is planned -- Effect of failure to commence -- Exceptions -- Reinstatement of funds for delayed project -- Limitations on application of KRS 176.420 to 176.460.

176.470   Annual report on status of highway projects.


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