A. While the legislative intent of the County Bridge Improvement Act is to replace or repair structurally obsolete bridges on the county major collector system, it is recognized that specific conditions may exist in a county justifying the need to repair or replace a bridge on a road section not included in the county major collector system. In such specific instance, the Oklahoma Department of Transportation may approve a project not on the county major collector system. Justification for such projects shall include use of the bridge for school bus routes, mail routes, heavy and extensive industrial or agricultural operations, or such other unique purposes as may be acceptable to the Department of Transportation. However, in all instances projects located on school bus routes shall have priority on funds provided for the implementation of this act. Right-of-way acquisition and utility relocation shall be the responsibility of the county in which the project is located. Monies received by counties pursuant to the County Bridge Improvement Act may be used for right-of-way acquisition and utility relocation. B. To receive monies pursuant to the County Bridge Improvement Act, a county shall give priority to repairing, replacing, or closing those bridges in the county that are rated less than three (3) tons or ten (10) tons or less for those bridges on school bus routes. Each county shall submit to the Department of Transportation a plan to repair, replace, or close the types of bridges specified in this subsection within the county before January 1 of each year. Bridge replacement or repair projects shall be selected by the individual boards of county commissioners with the concurrence of the Department of Transportation and shall be based on a countywide assessment of bridge repair and replacement needs. Each request for project funds will be transmitted to the Department of Transportation in the form of an official programming resolution bearing the signatures of a majority of the county commissioners. Where more than one project is programmed in a single county, the board of county commissioners shall designate the priority in which it wishes the projects to be undertaken. C. These funds shall be apportioned among the various counties by the Transportation Commission on an equitable basis consistent with the identifiable bridge needs on the major collector system in each county. D. On or before July 1 of each year, the Department of Transportation shall review the County Bridge Program in each county. Said review shall examine the status of all programmed projects, funds carried over from previous fiscal year allocations, and funds anticipated to be available from future allocations. The purpose of said review is to estimate the rate of County Bridge Fund utilization by the various counties and to assess the progress of the County Bridge Program throughout the state. Upon completion of the review, in instances when it is determined by the Department that existing funds cannot be used in a timely manner, the Transportation Commission may approve the reallocation of those funds to other counties in order to ensure that all available funds are efficiently utilized for the construction of bridges on county roads throughout the state. No such reallocation shall be made which would deprive any county of the ability to construct any previously approved project when the Department has determined that a viable effort is being made to pursue the project to completion. E. Prior to July 1 of each year, the Department of Transportation shall review the County Bridge Program in each county. If the Department of Transportation determines that the county has not complied with the provisions of the County Bridge Improvement Act during the current fiscal year, the county shall not receive any monies pursuant to the County Bridge Improvement Act during the next fiscal year.

Added by Laws 1980, HB 1819, c. 307, § 5, emerg. eff. June 17, 1980; Amended by Laws 1981, HB 1115, c. 68, § 2, emerg. eff. April 16, 1981; Amended by Laws 1984, HB 1534, c. 239, § 15, emerg. eff. July 1, 1984; Amended by Laws 1989, HB 1038, c. 44, § 3, emerg. eff. July 1, 1989; Amended by Laws 1989, HB 1613, c. 352, § 4, emerg. eff. July 1, 1989; Amended by Laws 1995, HB 1950, c. 25, § 1, eff. November 1, 1995.