AB 421

Under current law, if a highway that is not on the state trunk highway system

(highway) is damaged by a disaster, the county or municipality having jurisdiction

over the highway may petition the Department of Transportation (DOT) for payment

of disaster damage aid. A "disaster" is defined as any of the following: 1) a severe

storm, flood, fire, tornado, mudslide, or other natural event external to a highway;

2) the sudden failure of a major element or segment of the highway system due to a

cause that is external to a highway (catastrophic highway failure), but not including

any failure primarily attributable to gradual and progressive deterioration or lack

of proper maintenance of a highway; or 3) an event or recurring damage caused by

any governmental unit or person acting under the direction or approval of, or permit

issued by, any governmental unit and in response to an event described in item 1) or

2), above. Upon receipt of a petition, DOT must make an investigation and determine

whether to grant aid, the amount of the aid as determined under specified criteria,

and the conditions under which aid is granted.

Under this bill, any deterioration or other condition of a bridge on a highway

that, if not repaired or rectified, may lead to failure of the bridge in the foreseeable

future is catastrophic highway failure eligible for disaster damage aid.