Assigned
to TTMC AS
PASSED BY COW
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
continuation; department of
transportation
(NOW: transportation department; continuation; prohibitions)
Purpose
Continues the Arizona Department of Transportation (ADOT) for five, six, seven or eight years contingent on the percentage of recommendations implemented as determined by the Office of the Auditor General (OAG) and prescribes related requirements. Prohibits ADOT from spending public resources on vehicle charging facilities, a carbon reduction program or plan to reduce greenhouse gas emissions or prohibited employee trainings, except as specified.
Background
Established in 1973 to provide an integrated and balanced state transportation system, ADOT is granted the exclusive control and jurisdiction over state highways and routes, state-owned airports and transportation systems and must register motor vehicles and aircrafts, license drivers, collect revenues, enforce motor vehicle and aviation statutes and perform related transportation planning functions. To carry out these responsibilities, ADOT is organized into six divisions: 1) motor vehicle; 2) transportation planning; 3) highways; 4) aeronautics; 5) public transit; and 6) administrative services. ADOT also works cooperatively with regional transportation planning organizations, as well as county and local authorities, on transportation-related projects and development (A.R.S. §§ 28-331 and 28-332).
ADOT receives funding through legislative appropriation, non-appropriated funds and federal funds, as well as private sources, including donations and fees. ADOT's operating budget for FY 2025 includes $251,996,900 and 3,402 full-time equivalent positions (JLBC).
The Joint Senate Transportation and Technology and House of Representatives Transportation and Infrastructure Committee of Reference (COR) held a public meeting on January 4, 2024, to receive public testimony and review and evaluate ADOT's response to the sunset review factors and special audits conducted by the OAG. The COR recommended that ADOT be continued for four to six years (COR Report). ADOT terminates on July 1, 2024, unless continued by the Legislature (A.R.S. § 41-3024.25).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
ADOT Continuation
1. Conditions the continuation length on ADOT's implementation of the recommendations determined by the OAG in the ADOT performance audit reports issued in August 2023 and the sunset review report issued in September 2023.
2. Continues, retroactive to July 1, 2024, ADOT for:
a) five years, if ADOT has implemented less than 80 percent of the recommendations;
b) six years, if ADOT has implemented at least 80 but less than 90 percent of the recommendations;
c) seven years, if ADOT has implemented at least 90 but less than 100 percent of the recommendations; and
d) eight years, if ADOT has implemented 100 percent of the recommendations.
3. Requires the OAG to write a follow-up report 18 months after publishing the sunset review report that must:
a) state the percentage of recommendations implemented by ADOT; and
b) be provided to the Governor, the Senate President and the Speaker of the House of Representatives.
4. Specifies that the continuation lengths must be based on the information provided by the OAG's follow-up report.
5. Stipulates that a dispute regarding the OAG's determination of the percentage of implemented recommendations may only be overcome by clear and convincing evidence.
6. Contains a purpose statement.
7. Repeals ADOT on January 1 of the year immediately following the termination date, as determined by the OAG.
Prohibitions
8. Prohibits ADOT from spending public resources to develop a carbon reduction plan or a plan or strategy to reduce greenhouse gas emissions, except if necessary to accept federal monies.
9. Prohibits ADOT from implementing strategies identified in a plan developed by ADOT to accept federal monies without express legislative authorization.
10. Prohibits ADOT from spending public resources to build or maintain facilities that charge motor vehicles.
11. Excludes, from the prohibition on charging facilities, the installation of charging equipment on government-owned property for the charging of government-owned motor vehicles.
12. Prohibits ADOT from spending public resources on any training, orientation or therapy that presents any form of blame or judgment on the basis of race, ethnicity or sex.
13. Requires ADOT to pay an aggrieved employee an amount equal to the public resources spent for violating the prohibition on specified training, orientation or therapy.
Miscellaneous
14. Makes technical and conforming changes.
15. Becomes effective on the general effective date, with a retroactive provision as noted.
Amendments Adopted by Committee
1. Reduces the ADOT continuation from four to two years.
2. Adds the outlined restrictions and requirements relating to controlled-access highways and the use of public resources.
3. Adds the state preemption on commuter rails and commuter rail projects, as prescribed.
4. Defines terms.
5. Makes conforming changes.
Amendments Adopted by Committee of the Whole
1. The committee amendment was substituted for the Committee of the Whole amendment.
2. Replaces the four-year continuation with continuing ADOT for five, six, seven or eight years depending on the percentage of recommendations that ADOT implements, as determined by the OAG, and prescribes related requirements.
3. Repeals ADOT on January 1 of the year immediately following the termination date, rather than January 1, 2027.
4. Makes conforming changes.
Senate Action
TTMC 2/12/24 DPA 4-3-0
Prepared by Senate Research
March 21, 2024
KJA/slp