2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Transportation Code by amending provisions relating to funding
10 for class B and class C roads.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends the apportionment formula for funds available for use on class B and class
14 C roads; and
15 ▸ makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill provides a special effective date.
20 This bill provides for retrospective operation.
21 Utah Code Sections Affected:
22 AMENDS:
23 72-2-108, as last amended by Laws of Utah 2015, Chapter 275
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 72-2-108 is amended to read:
27 72-2-108. Apportionment of funds available for use on class B and class C roads
28 -- Bonds.
29 (1) For purposes of this section:
30 (a) "Graveled road" means a road:
31 (i) that is:
32 (A) graded; and
33 (B) drained by transverse drainage systems to prevent serious impairment of the road
34 by surface water;
35 (ii) that has an improved surface; and
36 (iii) that has a wearing surface made of:
37 (A) gravel;
38 (B) broken stone;
39 (C) slag;
40 (D) iron ore;
41 (E) shale; or
42 (F) other material that is:
43 (I) similar to a material described in Subsection (1)(a)(iii)(A) through (E); and
44 (II) coarser than sand.
45 (b) "Paved road" includes a graveled road with a chip seal surface.
46 (c) "Road mile" means a one-mile length of road, regardless of:
47 (i) the width of the road; or
48 (ii) the number of lanes into which the road is divided.
49 (d) "Weighted mileage" means the sum of the following:
50 (i) paved road miles multiplied by five; and
51 (ii) all other road type road miles multiplied by two.
52 (2) Subject to the provisions of Subsections (3) through (5), funds in the class B and
53 class C roads account shall be apportioned among counties and municipalities in the following
54 manner:
55 (a) 50% in the ratio that the class B roads weighted mileage within each county and
56 class C roads weighted mileage within each municipality bear to the total class B and class C
57 roads weighted mileage within the state; and
58 (b) 50% in the ratio that the population of a county or municipality bears to the total
59 population of the state as of the last official federal census or the United States Bureau of
60 Census estimate, whichever is most recent, except that if population estimates are not available
61 from the United States Bureau of Census, population figures shall be derived from the estimate
62 from the Utah Population Estimates Committee.
63 (3) For purposes of Subsection (2)(b), "the population of a county" means:
64 (a) the population of a county outside the corporate limits of municipalities in that
65 county, if the population of the county outside the corporate limits of municipalities in that
66 county is not less than 14% of the total population of that county, including municipalities; and
67 (b) if the population of a county outside the corporate limits of municipalities in the
68 county is less than 14% of the total population:
69 (i) the aggregate percentage of the population apportioned to municipalities in that
70 county shall be reduced by an amount equal to the difference between:
71 (A) 14%; and
72 (B) the actual percentage of population outside the corporate limits of municipalities in
73 that county; and
74 (ii) the population apportioned to the county shall be 14% of the total population of
75 that county, including incorporated municipalities.
76 (4) (a) If an apportionment under Subsection (2) [
77 2013-14 to a county or municipality with a population of less than 14,000 is less than 120% of
78 the amount apportioned to the county or municipality from the class B and class C roads
79 account [
80 (i) reapportion the funds under Subsection (2) to ensure that the county or municipality
81 receives an amount equal to:
82 (A) the amount apportioned to the county or municipality from the class B and class C
83 roads account [
84 (B) the amount apportioned to the county or municipality from the class B and class C
85 roads account in fiscal year 1996-97 multiplied by the percentage increase in the class B and
86 class C roads account from fiscal year 1996-97 to the most recently completed fiscal year; and
87 (ii) decrease proportionately as provided in Subsection (4)(b) the apportionments to
88 counties and municipalities for which the reapportionment under Subsection (4)(a)(i) does not
89 apply.
90 (b) The aggregate amount of the funds that the department shall decrease
91 proportionately from the apportionments under Subsection (4)(a)(ii) is an amount equal to the
92 aggregate amount reapportioned to counties and municipalities under Subsection (4)(a)(i).
93 (5) (a) In addition to the apportionment adjustments made under Subsection (4), a
94 county or municipality that qualifies for reapportioned money under Subsection (4)(a)(i) shall
95 receive the percentage change in the class B and class C roads account compounded annually
96 beginning in fiscal year 2006-07.
97 (b) The adjustment under Subsection (5)(a) shall be made in the same way as provided
98 in Subsection (4)(a)(ii) and (b).
99 (6) The governing body of any municipality or county may issue bonds redeemable up
100 to a period of 10 years under Title 11, Chapter 14, Local Government Bonding Act, to pay the
101 costs of constructing, repairing, and maintaining class B or class C roads and may pledge class
102 B or class C road funds received pursuant to this section to pay principal, interest, premiums,
103 and reserves for the bonds.
104 Section 2. Effective date.
105 If approved by two-thirds of all the members elected to each house, this bill takes effect
106 upon approval by the governor, or the day following the constitutional time limit of Utah
107 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
108 the date of veto override.
109 Section 3. Retrospective operation.
110 This bill has retrospective operation beginning on January 1, 2016.