House Engrossed

 

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

Second Regular Session

2018

 

 

 

HOUSE BILL 2514

 

 

 

AN ACT

 

amending title 28, chapter 18, article 2, Arizona Revised Statutes, by adding section 28‑6535; amending section 28‑6538, Arizona Revised Statutes; amending section 28-6538, Arizona Revised Statutes, as amended by section 2 of this act; repealing section 28-6535, Arizona Revised Statutes, as added by this act; relating to the distribution of highway user revenues.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 28, chapter 18, article 2, Arizona Revised Statutes, is amended by adding section 28-6535, to read:

START_STATUTE28-6535.  Arizona highway user revenue fund distribution; counties, cities and towns; population

A.  In addition to any other monies distributed to counties, cities and towns pursuant to this article, in fiscal year 2019‑2020, the department shall allocate and the state treasurer shall distribute eighteen million dollars from revenues of the Arizona highway user revenue fund as follows:

1.  Nine million dollars to counties with a population of less than two hundred fifteen thousand persons as follows:

(a)  Two hundred thousand dollars to each individual county.

(b)  The remainder of the monies apportioned to each individual county based on population.

2.  Nine million dollars to cities and towns with a population of less than seven thousand five hundred persons as follows:

(a)  One hundred thousand dollars to each individual city or town.

(b)  The remainder of the monies apportioned to each individual city or town based on population.

B.  Notwithstanding section 28‑6532, for the purposes of this section the department shall use the 2016 population estimates from the United States bureau of the census.END_STATUTE

Sec. 2.  Section 28-6538, Arizona Revised Statutes, is amended to read:

START_STATUTE28-6538.  Arizona highway user revenue fund distribution; remaining monies; highway fund distribution; contract authorization; regional transportation plan requirements

A.  Each fiscal year the department shall allocate and the state treasurer shall distribute revenues of the Arizona highway user revenue fund remaining after the distribution provided in sections 28‑6534, 28‑6535 and 28‑6537 as follows:

1.  To the state highway fund, fifty and one‑half per cent percent.

2.  To the counties, nineteen per cent percent.

3.  To the incorporated cities and towns, twenty‑seven and one‑half per cent percent.

4.  To incorporated cities with a population of three hundred thousand or more persons, three per cent percent.

B.  At least twelve and six‑tenths per cent percent of the revenues allocated each year to the state highway fund pursuant to subsection A of this section shall be further distributed in the following proportions and for the following purposes:

1.  Seventy‑five per cent percent of the revenues shall be spent, pledged or accumulated in counties with a population of one million five hundred thousand or more persons for the design, right‑of‑way purchase or construction of controlled access highways that are included in the regional transportation plan of the county and that are accepted into the state highway system either as a state route or as a state highway.

2.  Twenty‑five per cent percent of the revenues shall be spent, pledged or accumulated in counties with a population of more than eight hundred thousand but less than one million five hundred thousand persons for:

(a)  The design, right‑of‑way purchase or construction of controlled access highways that are included in the regional transportation plan of the county and that are accepted into the state highway system either as a state route or as a state highway or related grade separations of controlled access highways that are included in the regional transportation plan of the county.

(b)  Notwithstanding sections 28‑6993 and 28‑6995, the design, right‑of‑way purchase, construction, standard and reduced clearance grade separation, extension and widening of arterial streets and highways that are included in the regional transportation plan of the county.

C.  Of the monies allocated to the state highway fund pursuant to subsection A of this section, not more than five million dollars annually shall be spent for the acquisition, construction or improvement of entry roads to state parks or roads in state parks.

D.  Expenditures for state matching monies for the federal interstate system shall be in addition to the amount provided in subsection B of this section.

E.  The department may contract with a county, city or town to allow the county, city or town to construct the streets or highways prescribed in subsection B of this section.

F.  A county described in subsection B of this section and the cities and towns in the county, through their regional planning agency, shall list transportation corridors by priority in the regional transportation plan.  The regional transportation plan may also provide a suggested construction schedule for the transportation corridors contained in the plan. END_STATUTE

Sec. 3.  Section 28-6538, Arizona Revised Statutes, as amended by section 2 of this act, is amended to read:

START_STATUTE28-6538.  Arizona highway user revenue fund distribution; remaining monies; highway fund distribution; contract authorization; regional transportation plan requirements

A.  Each fiscal year the department shall allocate and the state treasurer shall distribute revenues of the Arizona highway user revenue fund remaining after the distribution provided in sections 28‑6534, 28‑6535 and 28‑6537 as follows:

1.  To the state highway fund, fifty and one‑half percent.

2.  To the counties, nineteen percent.

3.  To the incorporated cities and towns, twenty‑seven and one‑half percent.

4.  To incorporated cities with a population of three hundred thousand or more persons, three percent.

B.  At least twelve and six‑tenths percent of the revenues allocated each year to the state highway fund pursuant to subsection A of this section shall be further distributed in the following proportions and for the following purposes:

1.  Seventy‑five percent of the revenues shall be spent, pledged or accumulated in counties with a population of one million five hundred thousand or more persons for the design, right‑of‑way purchase or construction of controlled access highways that are included in the regional transportation plan of the county and that are accepted into the state highway system either as a state route or as a state highway.

2.  Twenty‑five percent of the revenues shall be spent, pledged or accumulated in counties with a population of more than eight hundred thousand but less than one million five hundred thousand persons for:

(a)  The design, right‑of‑way purchase or construction of controlled access highways that are included in the regional transportation plan of the county and that are accepted into the state highway system either as a state route or as a state highway or related grade separations of controlled access highways that are included in the regional transportation plan of the county.

(b)  Notwithstanding sections 28‑6993 and 28‑6995, the design, right‑of‑way purchase, construction, standard and reduced clearance grade separation, extension and widening of arterial streets and highways that are included in the regional transportation plan of the county.

C.  Of the monies allocated to the state highway fund pursuant to subsection A of this section, not more than five million dollars annually shall be spent for the acquisition, construction or improvement of entry roads to state parks or roads in state parks.

D.  Expenditures for state matching monies for the federal interstate system shall be in addition to the amount provided in subsection B of this section.

E.  The department may contract with a county, city or town to allow the county, city or town to construct the streets or highways prescribed in subsection B of this section.

F.  A county described in subsection B of this section and the cities and towns in the county, through their regional planning agency, shall list transportation corridors by priority in the regional transportation plan.  The regional transportation plan may also provide a suggested construction schedule for the transportation corridors contained in the plan. END_STATUTE

Sec. 4.  Delayed repeal

Section 28-6535, Arizona Revised Statutes, as added by this act, is repealed from and after October 31, 2020.

Sec. 5.  Legislative intent

It is the legislature's intent that the eighteen million dollars distributed pursuant to section 28‑6535, Arizona Revised Statutes, as added by this act, be distributed from the anticipated increase in Arizona highway user revenue fund monies in fiscal year 2019‑2020.

Sec. 6.  Effective date

A.  Section 28-6535, Arizona Revised Statutes, as added by this act, and section 28-6538, Arizona Revised Statutes, as amended by section 2 of this act, are effective from and after June 30, 2019.

B.  Section 28-6538, Arizona Revised Statutes, as amended by section 3 of this act, is effective from and after October 31, 2020.