AB 1025

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

is damaged by a disaster, the county or municipality that has jurisdiction over the

highway may petition the Department of Transportation for payment of disaster

damage aid. A “disaster” is 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, 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). Upon receipt of a petition, DOT must make an

investigation and determine whether to grant aid, the amount of the aid, and the

conditions under which aid is granted. For an event described in item 1) or 2), the

amount of aid is 75 percent of the repair or replacement cost and, if reconstructing

improved facilities is warranted, an additional 50 percent of the increased cost of

constructing the improved facilities.

Under this bill, for an event described in item 1) or 2), the amount of aid for

constructing improved facilities is increased from 50 percent to 75 percent of the

increased cost resulting from the improvement not to exceed $75,000.