Part 1 Transportation Fund and Highway Finances



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Chapter 2
Transportation Finances Act



Part 1
Transportation Fund and Highway Finances



72-2-101 Title.

          This chapter is known as the “Transportation Finances Act.”




Enacted by Chapter 270, 1998 General Session



72-2-102 Transportation Fund.

(1) There is created a fund entitled the “Transportation Fund.”

(2) Transportation Fund money shall be used exclusively for highway purposes as provided in this title.


Enacted by Chapter 270, 1998 General Session



72-2-103 Limitations on Transportation Fund appropriations to agencies not a part of the Department of Transportation -- Exceptions.

(1) Except as provided under Subsection (2), the amount appropriated or transferred from the Transportation Fund each year may not exceed a combined total of $11,600,000 to:

(a) the Department of Public Safety;

(b) the State Tax Commission;

(c) the Division of Finance; and

(d) any other state agency that is not a part of the Department of Transportation.

(2) The following amounts are exempt from the appropriation and transfer limitations of Subsection (1):

(a) amounts deposited in the Department of Public Safety Restricted Account created under Section 53-3-106;

(b) revenue generated by the uninsured motorist identification fee under Section 41-1a-1218;

(c) revenue generated by the motor carrier fee under Section 41-1a-1219 or Section 72-9-706; and

(d) revenue generated by the Motorcycle Rider Education Program under Section 53-3-905.


Amended by Chapter 13, 2002 Special Session 5
Amended by Chapter 13, 2002 Special Session 5



72-2-104 Budget.

(1) The department shall prepare and submit to the governor, to be included in his budget to be submitted to the Legislature, a budget of the requirements for the operation of the department for the fiscal year following the convening of the Legislature.

(2) This budget shall be so separated, in relation to the various functions of the department, so as to allow the separate determination of funds for deposit into the Transportation Fund and into any other special funds which are required by law to be utilized for specific purposes and which are separately maintained by the department for those purposes.


Renumbered and Amended by Chapter 270, 1998 General Session



72-2-105 Budgetary accounts within Transportation Fund -- Disposition of unexpended balances.

(1) The amount designated by the Legislature, out of which the items budgeted shall be paid, shall be established in appropriation and allotment accounts within the Transportation Fund.

(2) At the close of the biennium all unexpended balances remaining in the accounts so budgeted shall be closed to the fund balance account of the Transportation Fund.


Renumbered and Amended by Chapter 270, 1998 General Session



72-2-106 Appropriation from Transportation Fund.

          On and after July 1, 1981, there is appropriated from the Transportation Fund to the use of the department an amount equal to two-elevenths of the taxes collected from the motor fuel tax and the special fuel tax, exclusive of the formula amount appropriated to the B and C road fund and the collector road fund, to be used for highway rehabilitation.




Amended by Chapter 278, 2010 General Session



72-2-107 Appropriation from Transportation Fund -- Deposit in class B and class C roads account.

(1) There is appropriated to the department from the Transportation Fund annually an amount equal to 30% of an amount which the director of finance shall compute in the following manner: The total revenue deposited into the Transportation Fund during the fiscal year from state highway-user taxes and fees, minus:

(a) those amounts appropriated or transferred from the Transportation Fund during the same fiscal year to:

(i) the Department of Public Safety;

(ii) the State Tax Commission;

(iii) the Division of Finance;

(iv) the Utah Travel Council; and

(v) any other amounts appropriated or transferred for any other state agencies not a part of the department; and

(b) the amount of sales and use tax revenue deposited in the Transportation Fund in accordance with Section 59-12-103.

(2)

(a) Except as provided in Subsection (2)(b), all of this money shall be placed in an account to be known as the class B and class C roads account to be used as provided in this title.

(b) The director of finance shall annually transfer $500,000 of the amount calculated under Subsection (1) to the department as dedicated credits for the State Park Access Highways Improvement Program created in Section 72-3-207.

(3) Each quarter of every year the director of finance shall make the necessary accounting entries to transfer the money appropriated under this section to the class B and class C roads account.

(4) The funds in the class B and class C roads account shall be expended under the direction of the department as the Legislature shall provide.


Amended by Chapter 391, 2010 General Session



72-2-108 Apportionment of funds available for use on class B and class C roads -- Bonds.

(1) For purposes of this section:

(a) “Graveled road” means a road:

(i) that is:

(A) graded; and

(B) drained by transverse drainage systems to prevent serious impairment of the road by surface water;

(ii) that has an improved surface; and

(iii) that has a wearing surface made of:

(A) gravel;

(B) broken stone;

(C) slag;

(D) iron ore;

(E) shale; or

(F) other material that is:

(I) similar to a material described in Subsection (1)(a)(iii)(A) through (E); and

(II) coarser than sand.

(b) “Paved road” includes a graveled road with a chip seal surface.

(c) “Road mile” means a one-mile length of road, regardless of:

(i) the width of the road; or

(ii) the number of lanes into which the road is divided.

(d) “Weighted mileage” means the sum of the following:

(i) paved road miles multiplied by five; and

(ii) all other road type road miles multiplied by two.

(2) Subject to the provisions of Subsections (3) through (5), funds in the class B and class C roads account shall be apportioned among counties and municipalities in the following manner:

(a) 50% in the ratio that the class B roads weighted mileage within each county and class C roads weighted mileage within each municipality bear to the total class B and class C roads weighted mileage within the state; and

(b) 50% in the ratio that the population of a county or municipality bears to the total population of the state as of the last official federal census or the United States Bureau of Census estimate, whichever is most recent, except that if population estimates are not available from the United States Bureau of Census, population figures shall be derived from the estimate from the Utah Population Estimates Committee.

(3) For purposes of Subsection (2)(b), “the population of a county” means:

(a) the population of a county outside the corporate limits of municipalities in that county, if the population of the county outside the corporate limits of municipalities in that county is not less than 14% of the total population of that county, including municipalities; and

(b) if the population of a county outside the corporate limits of municipalities in the county is less than 14% of the total population:

(i) the aggregate percentage of the population apportioned to municipalities in that county shall be reduced by an amount equal to the difference between:

(A) 14%; and

(B) the actual percentage of population outside the corporate limits of municipalities in that county; and

(ii) the population apportioned to the county shall be 14% of the total population of that county, including incorporated municipalities.

(4)

(a) If an apportionment under Subsection (2) for fiscal year 2014 to a county or municipality with a population of less than 14,000 is less than 120% of the amount apportioned to the county or municipality from the class B and class C roads account for fiscal year 1996-97, the department shall:

(i) reapportion the funds under Subsection (2) to ensure that the county or municipality receives an amount equal to the amount apportioned to the county or municipality from the class B and class C roads account for fiscal year 1996-97 multiplied by the percentage increase in the class B and class C roads account from fiscal year 1996-97 to the most recently completed fiscal year; and

(ii) decrease proportionately as provided in Subsection (4)(b) the apportionments to counties and municipalities for which the reapportionment under Subsection (4)(a)(i) does not apply.

(b) The aggregate amount of the funds that the department shall decrease proportionately from the apportionments under Subsection (4)(a)(ii) is an amount equal to the aggregate amount reapportioned to counties and municipalities under Subsection (4)(a)(i).

(5)

(a) In addition to the apportionment adjustments made under Subsection (4), a county or municipality that qualifies for reapportioned money under Subsection (4)(a)(i) shall receive the percentage change in the class B and class C roads account compounded annually beginning in fiscal year 2006-07.

(b) The adjustment under Subsection (5)(a) shall be made in the same way as provided in Subsection (4)(a)(ii) and (b).

(6) The governing body of any municipality or county may issue bonds redeemable up to a period of 10 years under Title 11, Chapter 14, Local Government Bonding Act, to pay the costs of constructing, repairing, and maintaining class B or class C roads and may pledge class B or class C road funds received pursuant to this section to pay principal, interest, premiums, and reserves for the bonds.


Amended by Chapter 275, 2015 General Session



72-2-109 Rules for uniform accounting -- Apportionment and use of class B and class C road funds -- Compliance with federal-aid provisions -- Duties of department.

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules providing for uniform accounting of funds to be expended upon class B and C roads as required by the federal government under Title 23, United States Code Annotated, relating to federal aid for highway purposes together with all amendatory acts.

(2) The department shall cooperate with the county governing bodies and the governing officials of the cities and towns in the apportionment and use of class B and C road funds.


Amended by Chapter 382, 2008 General Session



72-2-110 Funds allocated to class B and class C roads -- Matching federal funds -- R.S. 2477 rights.

          A county or municipality may:

(1) use funds which are allocated to class B and class C roads for matching federal funds for the construction of secondary roads now available or which may later become available in accordance with the provisions of law; and

(2) use up to 30% of the class B and class C roads account funds allocated to the county or municipality to pay the costs of asserting, defending, or litigating local government rights under R.S. 2477 on class B, class C, or class D roads.


Amended by Chapter 71, 2009 General Session



72-2-111 Assent to federal acts on federal aid for highway purposes -- Department to represent state -- Pledge of funds -- Rulemaking authority -- Contracts for energy conservation.

(1)

(a) The Legislature assents to all the provisions of Title 23, Highways, U.S.C., relating to federal aid for highway purposes, and all amendatory acts.

(b) The department may:

(i) enter into a contract or agreement with the United States government relating to the survey, construction, and maintenance of highways under a federal act;

(ii) submit a scheme or program of construction and maintenance required by a federal agency; and

(iii) do any other thing necessary to fully carry out the cooperation contemplated and provided for by a federal act.

(c) The good faith of the state is pledged to make available sufficient funds to match the sums apportioned to the state by the United States government:

(i) for the construction of federal-aid highways; and

(ii) to provide adequate maintenance for federal-aid highways.

(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to encourage car pools and van pools in order to save energy.

(3) The department may contract with individuals, associations, or corporations to accomplish energy conservation and encouragement of car and van pooling.


Amended by Chapter 382, 2008 General Session



72-2-112 Transportation department authorized to participate in federal program -- Prohibition against spending certain transportation funds.

(1) Notwithstanding any law to the contrary, the department is empowered to participate in the deferred payment program authorized by Congress in Public Law 94-30.

(2) Any indebtedness incurred by the department under this section shall be paid from state transportation funds as appropriated.

(3)

(a) As used in this Subsection (3):

(i) “Apportioned” means divided or assigned among the states based on a prescribed formula established in 23 U.S.C.

(ii) “Authorization act” means an act of Congress enacted after July 1, 2009 that authorizes transportation programs from the Highway Trust Fund established in 26 U.S.C. Sec. 9503.

(b) The state, including any agency, department, or division of the state, may not spend project-specific funds that are allocated through an authorization act for a transportation-related project that is eligible for funds apportioned to the state in support of the statewide transportation improvement program unless the specified project is included on the statewide transportation improvement program.


Amended by Chapter 332, 2009 General Session



72-2-113 Rulemaking for cost limitations on contracts -- Auditing for compliance -- Federal accounting and audit standards.

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules for determining the allowability of costs included in contracts entered into by the department for engineering and design services. The rules shall comply with the provisions of 23 U.S.C. Section 112.

(2) The department may require a provider of engineering or design services to submit annual audits or to submit to audits to determine compliance with the rules made under Subsection (1). The audits may not be duplicative of federal audits under the Federal Acquisition Regulations System, 48 C.F.R. Part 31.

(3) All engineering and design contracts and subcontracts entered into by the department shall be accounted for and audited in compliance with the Federal Acquisition Regulations System, 48 C.F.R. Part 31.


Amended by Chapter 382, 2008 General Session



72-2-114 Transfer of money -- Debt service.

(1) When there are insufficient appropriations or money available from other legal sources to pay interest on any bond anticipation notes issued under the authority of Title 63B, Chapter 6, Part 3, 1997 Highway Bond Anticipation Note Authorization, the Division of Finance shall inform the department of the amount necessary to pay that interest.

(2) After receiving notice under Subsection (1), the department shall transfer money from any available source other than the Transportation Fund to the Division of Finance for deposit into the Debt Service Fund to pay interest on bond anticipation notes issued under the authority of Title 63B, Chapter 6, Part 3, 1997 Highway Bond Anticipation Note Authorization.


Renumbered and Amended by Chapter 270, 1998 General Session



72-2-115 Transportation Fund balance -- Income -- Allocation.

          All interest and earnings and other income derived from the Transportation Fund balance shall be credited to the Transportation Fund, including the collector road and B and C road accounts in proportion to the various fund account balances on an average monthly balance basis.




Renumbered and Amended by Chapter 270, 1998 General Session



72-2-116 Gifts, bequests, and donations part of Transportation Fund -- Expenditure.

(1) Gifts, bequests, and donations by individuals, corporations, or societies to the state for road building purposes shall become part of the Transportation Fund, and shall be expended for state highway purposes.

(2) Gifts, bequests, or donations made to any county shall be expended under the direction of the county legislative body.


Renumbered and Amended by Chapter 270, 1998 General Session



72-2-117 Marda Dillree Corridor Preservation Fund -- Distribution -- Repayment -- Rulemaking.

(1) There is created the Marda Dillree Corridor Preservation Fund within the Transportation Fund.

(2) The fund shall be funded from the following sources:

(a) motor vehicle rental tax imposed under Section 59-12-1201;

(b) appropriations made to the fund by the Legislature;

(c) contributions from other public and private sources for deposit into the fund;

(d) interest earnings on cash balances;

(e) all money collected for repayments and interest on fund money;

(f) all money collected from rents and sales of real property acquired with fund money; and

(g) proceeds from general obligation bonds, revenue bonds, or other obligations as authorized by Title 63B, Bonds.

(3)

(a) The commission shall authorize the expenditure of fund money to allow the department to acquire real property or any interests in real property for state, county, and municipal transportation corridors subject to:

(i) money available in the fund;

(ii) rules made under Subsection (6); and

(iii) Subsection (8).

(b) Fund money may be used to pay interest on debts incurred in accordance with this section.

(4) Administrative costs for transportation corridor preservation shall be paid from the fund.

(5) The department:

(a) may apply to the commission under this section for money from the Marda Dillree Corridor Preservation Fund for a specified transportation corridor project, including for county and municipal projects; and

(b) shall repay the fund money authorized for the project to the fund as required under Subsection (6).

(6) The commission shall:

(a) administer the Marda Dillree Corridor Preservation Fund to:

(i) preserve transportation corridors;

(ii) promote long-term statewide transportation planning;

(iii) save on acquisition costs; and

(iv) promote the best interests of the state in a manner which minimizes impact on prime agricultural land;

(b) prioritize fund money based on considerations, including:

(i) areas with rapidly expanding population;

(ii) the willingness of local governments to complete studies and impact statements that meet department standards;

(iii) the preservation of corridors by the use of local planning and zoning processes;

(iv) the availability of other public and private matching funds for a project; and

(v) the cost-effectiveness of the preservation projects;

(c) designate high priority corridor preservation projects in cooperation with a metropolitan planning organization;

(d) administer the program for the purposes provided in this section;

(e) prioritize fund money in accordance with this section; and

(f) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing:

(i) the procedures for the awarding of fund money;

(ii) the procedures for the department to apply for transportation corridor preservation money for projects; and

(iii) repayment conditions of the money to the fund from the specified project funds.

(7)

(a) The proceeds from any bonds or other obligations secured by revenues of the Marda Dillree Corridor Preservation Fund shall be used for:

(i) the acquisition of real property in hardship cases; and

(ii) any of the purposes authorized for funds in the Marda Dillree Corridor Preservation Fund under this section.

(b) The commission shall pledge the necessary part of the revenues of the Marda Dillree Corridor Preservation Fund to the payment of principal of and interest on the bonds or other obligations.

(8)

(a) The department may not apply for money under this section unless the highway authority has an access management policy or ordinance in effect that meets the requirements under Subsection (8)(b).

(b) The access management policy or ordinance shall:

(i) be for the purpose of balancing the need for reasonable access to land uses with the need to preserve the smooth flow of traffic on the highway system in terms of safety, capacity, and speed; and

(ii) include provisions:

(A) limiting the number of conflict points at driveway locations;

(B) separating conflict areas;

(C) reducing the interference of through traffic;

(D) spacing at-grade signalized intersections; and

(E) providing for adequate on-site circulation and storage.

(c) The department shall develop a model access management policy or ordinance that meets the requirements of this Subsection (8) for the benefit of a county or municipality under this section.

(9)

(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules establishing a corridor preservation advisory council.

(b) The corridor preservation advisory council shall:

(i) assist with and help coordinate the corridor preservation efforts of the department and local governments;

(ii) provide recommendations and priorities concerning corridor preservation and the use of fund money to the department and to the commission; and

(iii) include members designated by each metropolitan planning organization in the state to represent local governments that are involved with corridor preservation through official maps and planning.


Amended by Chapter 121, 2012 General Session



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