Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 983 of the Regular Session
 1   State of Arkansas                   As Engrossed:       H4/19/21
 2   93rd General Assembly                        A Bill
 3   Regular Session, 2021                                                             HOUSE BILL 1827
 4
 5   By: Representatives Beaty Jr., Wardlaw
 6   By: Senators Gilmore, Beckham, Caldwell, D. Sullivan, J. Dismang
 7
 8                                     For An Act To Be Entitled
 9                  AN ACT TO AMEND THE LAW CONCERNING THE SALE OF
10                  SURPLUS HIGHWAY PROPERTY; TO AUTHORIZE THE SALE OF
11                  ROAD MILLINGS; AND FOR OTHER PURPOSES.
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14                                                 Subtitle
15                           TO AMEND THE LAW CONCERNING THE SALE OF
16                           SURPLUS HIGHWAY PROPERTY; AND TO
17                           AUTHORIZE THE SALE OF ROAD MILLINGS.
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20   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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22          SECTION 1.        Arkansas Code Title 27, Chapter 67, Subchapter 3, is
23   amended to add an additional section to read as follows:
24          27-67-324.        Sale of surplus millings material  Definitions.
25          (a)    As used in this section:
26                  (1)      "Highway construction contract" means a contract for the
27   construction, restoration, reconstruction, renovation, or repair of a road,
28   highway, bridge, overpass, interchange, right-of-way, or turnpike that is
29   part of the state highway system;
30                  (2)      "Project terminus" means the starting location and ending
31   location of an Arkansas Department of Transportation highway construction
32   project;
33                  (3)      "Road millings" means recycled asphalt, concrete, or any
34   other type of roadway that has been ground up in a milling machine and
35   restored to the necessary consistency for creating fresh pavement; and
36                  (4)      "Surplus millings material" means excess or unused road
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     As Engrossed:         H4/19/21                                                  HB1827
 1   millings resulting from the construction, improvement, rehabilitation, or
 2   replacement of a state highway.
 3          (b)(1)     For highway construction projects under a highway construction
 4   contract administered by the department in which asphalt cold milling
 5   operations are limited to the project terminus, all road millings generated
 6   from the asphalt cold milling operations at the project terminus shall be
 7   offered at no cost to the county within which the road millings are
 8   generated.
 9                   (2)    For all other highway construction projects under a highway
10   construction contract administered by the department, all or a portion of the
11   surplus millings material generated from the asphalt cold milling operations
12   shall be offered at no cost to the county within which the road millings are
13   generated.
14                   (3)    Road millings and surplus millings material offered to the
15   county under subdivisions (b)(1) and (2) of this section that are not
16   accepted by the county shall be offered by the department at no cost to the
17   counties adjacent to the county within which the road millings and surplus
18   millings material are generated on a first-come, first-served basis.
19                   (4)    Road millings and surplus millings material accepted by a
20   county may be transferred at no cost to any adjacent counties.
21          (c)   Any existing road millings and surplus millings material held by
22   the department may be offered to any county at the request of the county on a
23   first-come, first-served basis.
24          (d)(1)     The receipt by a county of road millings and surplus millings
25   material is without guarantees from or further obligation by the department.
26                   (2)    The county is responsible for determining if the road
27   millings or surplus millings material is suitable for the county's intended
28   use.
29                   (3)    The department is not responsible for inspection of or
30   guarantees as to the condition, state, or suitability of the road millings or
31   surplus millings material for the county's intended use.
32          (e)   This section does not create a cause of action against the
33   department for damages arising from the use of the road millings or
34   surplus millings material accepted by the county under this section.
35          (f)   The county shall retrieve and transport the road millings or
36   surplus millings material as directed by the department.
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     As Engrossed:       H4/19/21                                               HB1827
 1        (g)(1)     Road millings and surplus millings material accepted by the
 2   county shall only be used for projects within the county.
 3                 (2)    The department may decline to offer future road millings or
 4   surplus road millings material to a county that fails to comply with
 5   subdivision (g)(1) of this section.
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 8                                       /s/Beaty Jr.
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11                                     APPROVED: 4/28/21
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