Chief Sponsor: Johnny Anderson

Senate Sponsor: Alvin B. Jackson


8     Committee Note:
9          The Transportation Interim Committee recommended this bill.
10     General Description:
11          This bill modifies the Transportation Code by amending provisions relating to funding
12     for class B and class C roads.
13     Highlighted Provisions:
14          This bill:
15          ▸     amends the apportionment formula for funds available for use on class B and class
16     C roads; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides a special effective date.
22          This bill provides for retrospective operation.
23     Utah Code Sections Affected:
24     AMENDS:
25          72-2-108, as last amended by Laws of Utah 2015, Chapter 275

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 72-2-108 is amended to read:
29          72-2-108. Apportionment of funds available for use on class B and class C roads
30     -- Bonds.
31          (1) For purposes of this section:
32          (a) "Graveled road" means a road:
33          (i) that is:
34          (A) graded; and
35          (B) drained by transverse drainage systems to prevent serious impairment of the road
36     by surface water;
37          (ii) that has an improved surface; and
38          (iii) that has a wearing surface made of:
39          (A) gravel;
40          (B) broken stone;
41          (C) slag;
42          (D) iron ore;
43          (E) shale; or
44          (F) other material that is:
45          (I) similar to a material described in Subsection (1)(a)(iii)(A) through (E); and
46          (II) coarser than sand.
47          (b) "Paved road" includes a graveled road with a chip seal surface.
48          (c) "Road mile" means a one-mile length of road, regardless of:
49          (i) the width of the road; or
50          (ii) the number of lanes into which the road is divided.
51          (d) "Weighted mileage" means the sum of the following:
52          (i) paved road miles multiplied by five; and
53          (ii) all other road type road miles multiplied by two.
54          (2) Subject to the provisions of Subsections (3) through (5), funds in the class B and
55     class C roads account shall be apportioned among counties and municipalities in the following
56     manner:
57          (a) 50% in the ratio that the class B roads weighted mileage within each county and
58     class C roads weighted mileage within each municipality bear to the total class B and class C

59     roads weighted mileage within the state; and
60          (b) 50% in the ratio that the population of a county or municipality bears to the total
61     population of the state as of the last official federal census or the United States Bureau of
62     Census estimate, whichever is most recent, except that if population estimates are not available
63     from the United States Bureau of Census, population figures shall be derived from the estimate
64     from the Utah Population Estimates Committee.
65          (3) For purposes of Subsection (2)(b), "the population of a county" means:
66          (a) the population of a county outside the corporate limits of municipalities in that
67     county, if the population of the county outside the corporate limits of municipalities in that
68     county is not less than 14% of the total population of that county, including municipalities; and
69          (b) if the population of a county outside the corporate limits of municipalities in the
70     county is less than 14% of the total population:
71          (i) the aggregate percentage of the population apportioned to municipalities in that
72     county shall be reduced by an amount equal to the difference between:
73          (A) 14%; and
74          (B) the actual percentage of population outside the corporate limits of municipalities in
75     that county; and
76          (ii) the population apportioned to the county shall be 14% of the total population of
77     that county, including incorporated municipalities.
78          (4) (a) If an apportionment under Subsection (2) [for] made in fiscal year [2014]
79     2013-14 to a county or municipality with a population of less than 14,000 is less than 120% of
80     the amount apportioned to the county or municipality from the class B and class C roads
81     account [for] in fiscal year 1996-97, the department shall:
82          (i) reapportion the funds under Subsection (2) to ensure that the county or municipality
83     receives an amount equal to:
84          (A) the amount apportioned to the county or municipality from the class B and class C
85     roads account [for] in fiscal year 1996-97; plus
86          (B) the amount apportioned to the county or municipality from the class B and class C
87     roads account in fiscal year 1996-97 multiplied by the percentage increase in the class B and
88     class C roads account from fiscal year 1996-97 to the most recently completed fiscal year; and
89          (ii) decrease proportionately as provided in Subsection (4)(b) the apportionments to

90     counties and municipalities for which the reapportionment under Subsection (4)(a)(i) does not
91     apply.
92          (b) The aggregate amount of the funds that the department shall decrease
93     proportionately from the apportionments under Subsection (4)(a)(ii) is an amount equal to the
94     aggregate amount reapportioned to counties and municipalities under Subsection (4)(a)(i).
95          (5) (a) In addition to the apportionment adjustments made under Subsection (4), a
96     county or municipality that qualifies for reapportioned money under Subsection (4)(a)(i) shall
97     receive the percentage change in the class B and class C roads account compounded annually
98     beginning in fiscal year 2006-07.
99          (b) The adjustment under Subsection (5)(a) shall be made in the same way as provided
100     in Subsection (4)(a)(ii) and (b).
101          (6) The governing body of any municipality or county may issue bonds redeemable up
102     to a period of 10 years under Title 11, Chapter 14, Local Government Bonding Act, to pay the
103     costs of constructing, repairing, and maintaining class B or class C roads and may pledge class
104     B or class C road funds received pursuant to this section to pay principal, interest, premiums,
105     and reserves for the bonds.
106          Section 2. Effective date.
107          If approved by two-thirds of all the members elected to each house, this bill takes effect
108     upon approval by the governor, or the day following the constitutional time limit of Utah
109     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
110     the date of veto override.
111          Section 3. Retrospective operation.
112          This bill has retrospective operation beginning on January 1, 2016.

Legislative Review Note
Office of Legislative Research and General Counsel