This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Mar 7, 2016 at 8:33 PM by lpoole.
Senator J. Stuart Adams proposes the following substitute bill:


1     
FUNDING FOR INFRASTRUCTURE REVISIONS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: J. Stuart Adams

5     
House Sponsor: Mike K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill modifies and enacts provisions relating to funding for infrastructure projects.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides definitions;
13          ▸     reduces certain sales and use tax earmarks that are deposited into the Transportation
14     Investment Fund of 2005;
15          ▸     provides that certain sales and use tax revenue shall be deposited into the
16     Throughput Infrastructure Fund;
17          ▸     provides that certain revenues shall be appropriated from the Mineral Lease
18     Account to the Impacted Communities Transportation Development Restricted
19     Account;
20          ▸     creates the Throughput Infrastructure Fund;
21          ▸     enacts provisions related to deposits into and use of funds in the Throughput
22     Infrastructure Fund;
23          ▸     requires the Permanent Community Impact Fund Board to administer the
24     Throughput Infrastructure Fund;
25          ▸     creates the Impacted Communities Transportation Development Restricted

26     Account;
27          ▸     enacts provisions related to deposits into and use of funds in the Impacted
28     Communities Transportation Development Restricted Account; and
29          ▸     makes technical changes.
30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          This bill provides a special effective date.
34     Utah Code Sections Affected:
35     AMENDS:
36          35A-8-302, as last amended by Laws of Utah 2012, Chapter 9 and renumbered and
37     amended by Laws of Utah 2012, Chapter 212
38          59-12-103, as last amended by Laws of Utah 2015, Chapter 283
39          59-12-1201, as last amended by Laws of Utah 2012, Chapter 121
40          59-21-2, as last amended by Laws of Utah 2012, Chapters 212 and 242
41     ENACTS:
42          35A-8-308, Utah Code Annotated 1953
43          35A-8-309, Utah Code Annotated 1953
44          72-2-128, Utah Code Annotated 1953
45     

46     Be it enacted by the Legislature of the state of Utah:
47          Section 1. Section 35A-8-302 is amended to read:
48          35A-8-302. Definitions.
49          As used in this part:
50          (1) "Bonus payments" means that portion of the bonus payments received by the
51     United States government under the Leasing Act paid to the state under Section 35 of the
52     Leasing Act, 30 U.S.C. Sec. 191, together with any interest that had accrued on those
53     payments.
54          (2) "Impact board" means the Permanent Community Impact Fund Board created under
55     Section 35A-8-304.
56          (3) "Impact fund" means the Permanent Community Impact Fund established by this

57     chapter.
58          (4) "Interlocal Agency" means a legal or administrative entity created by a subdivision
59     or combination of subdivisions under the authority of Title 11, Chapter 13, Interlocal
60     Cooperation Act.
61          (5) "Leasing Act" means the Mineral Lands Leasing Act of 1920, 30 U.S.C. Sec. 181 et
62     seq.
63          (6) "Qualifying sales and use tax distribution reduction" means that, for the calendar
64     year beginning on January 1, 2008, the total sales and use tax distributions a city received
65     under Section 59-12-205 were reduced by at least 15% from the total sales and use tax
66     distributions the city received under Section 59-12-205 for the calendar year beginning on
67     January 1, 2007.
68          (7) "Subdivision" means a county, city, town, county service area, special service
69     district, special improvement district, water conservancy district, water improvement district,
70     sewer improvement district, housing authority, building authority, school district, or public
71     postsecondary institution organized under the laws of this state.
72          (8) (a) "Throughput infrastructure project" means the following facilities, whether
73     located within, partially within, or outside of the state:
74          (i) a bulk commodities ocean terminal;
75          (ii) a pipeline for the transportation of liquid or gaseous hydrocarbons;
76          (iii) electric transmission lines and ancillary facilities; or
77          (iv) a shortline freight railroad and ancillary facilities.
78          (b) "Throughput infrastructure project" includes:
79          (i) an ownership interest or a joint or undivided ownership interest in a facility;
80          (ii) a membership interest in the owner of a facility; or
81          (iii) a contractual right, whether secured or unsecured, to use all or a portion of the
82     throughput, transportation, or transmission capacity of a facility.
83          Section 2. Section 35A-8-308 is enacted to read:
84          35A-8-308. Throughput Infrastructure Fund.
85          (1) There is created an enterprise fund known as the Throughput Infrastructure Fund.
86          (2) The fund consists of money generated from the following revenue sources:
87          (a) all amounts transferred to the fund under Subsection 59-12-103(14);

88          (b) any voluntary contributions received;
89          (c) appropriations made to the fund by the Legislature; and
90          (d) all amounts received from the repayment of loans made by the impact board under
91     Section 35A-8-309.
92          (3) The state treasurer shall:
93          (a) invest the money in the fund by following the procedures and requirements of Title
94     51, Chapter 7, State Money Management Act; and
95          (b) deposit all interest or other earnings derived from those investments into the fund.
96          Section 3. Section 35A-8-309 is enacted to read:
97          35A-8-309. Throughput Infrastructure Fund administered by impact board -
98     Uses - Review by board - Annual Report.
99          (1) The impact board shall:
100          (a) make grants and loans from the Throughput Infrastructure Fund created in Section
101     35A-8-308 for a throughput infrastructure project;
102          (b) use money transferred to the Throughput Infrastructure Fund in accordance with
103     Subsection 59-12-103(14) to provide a loan or grant to finance the cost of acquisition or
104     construction of a throughput infrastructure project to one or more local political subdivisions,
105     including a Utah interlocal entity created under the Interlocal Cooperation Act, Title 11,
106     Chapter 13;
107          (c) administer the Throughput Infrastructure Fund in a manner that will keep a portion
108     of the fund revolving;
109          (d) determine provisions for repayment of loans;
110          (e) establish criteria for awarding loans and grants; and
111          (f) establish criteria for determining eligibility for assistance under this section.
112          (2) The cost of acquisition or construction of a throughput infrastructure project
113     includes amounts for working capital, reserves, transaction costs, and other amounts
114     determined by the impact board to be allocable to a throughput infrastructure project.
115          (3) The impact board may restructure or forgive all or part of a local political
116     subdivision's or interlocal entity's obligation to repay loans for extenuating circumstances.
117          (4) In order to receive assistance under this section, a local political subdivision or an
118     interlocal entity shall submit a formal application containing the information that the impact

119     board requires.
120          (5) (a) The impact board shall:
121          (i) review the proposed uses of the Throughput Infrastructure Fund for a loan or grant
122     before approving the loan or grant and may condition its approval on whatever assurances the
123     impact board considers necessary to ensure that proceeds of the loan or grant will be used in
124     accordance with this section;
125          (ii) ensure that each loan specifies terms for interest deferments, accruals, and
126     scheduled principal repayment; and
127          (iii) ensure that repayment terms are evidenced by bonds, notes, or other obligations of
128     the appropriate local political subdivision or interlocal entity issued to the impact board and
129     payable from the net revenues of a throughput infrastructure project.
130          (b) An instrument described in Subsection (5)(a)(iii) Ŝ→ [
(B)] ←Ŝ may be:
131          (i) non-recourse to the local political subdivision or interlocal entity; and
132          (ii) limited to a pledge of the net revenues from a throughput infrastructure project.
133          (6) (a) Subject to the restriction in Subsection (6)(b), the impact board shall allocate
134     from the Throughput Infrastructure Fund to the board those amounts that are appropriated by
135     the Legislature for the administration of the Throughput Infrastructure Fund.
136          (b) The amount described in Subsection (6)(a) may not exceed 2% of the annual
137     receipts to the fund.
138          (7) The board shall include in the annual written report described in Section
139     35A-1-109:
140          (a) the number and type of loans and grants made under this section; and
141          (b) a list of local political subdivisions or interlocal entities that received assistance
142     under this section.
143          Section 4. Section 59-12-103 is amended to read:
144          59-12-103. Sales and use tax base -- Rates -- Effective dates -- Use of sales and use
145     tax revenues.
146          (1) A tax is imposed on the purchaser as provided in this part for amounts paid or
147     charged for the following transactions:
148          (a) retail sales of tangible personal property made within the state;
149          (b) amounts paid for:

150          (i) telecommunications service, other than mobile telecommunications service, that
151     originates and terminates within the boundaries of this state;
152          (ii) mobile telecommunications service that originates and terminates within the
153     boundaries of one state only to the extent permitted by the Mobile Telecommunications
154     Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
155          (iii) an ancillary service associated with a:
156          (A) telecommunications service described in Subsection (1)(b)(i); or
157          (B) mobile telecommunications service described in Subsection (1)(b)(ii);
158          (c) sales of the following for commercial use:
159          (i) gas;
160          (ii) electricity;
161          (iii) heat;
162          (iv) coal;
163          (v) fuel oil; or
164          (vi) other fuels;
165          (d) sales of the following for residential use:
166          (i) gas;
167          (ii) electricity;
168          (iii) heat;
169          (iv) coal;
170          (v) fuel oil; or
171          (vi) other fuels;
172          (e) sales of prepared food;
173          (f) except as provided in Section 59-12-104, amounts paid or charged as admission or
174     user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature,
175     exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries,
176     fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit
177     television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf
178     driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails,
179     tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises,
180     horseback rides, sports activities, or any other amusement, entertainment, recreation,

181     exhibition, cultural, or athletic activity;
182          (g) amounts paid or charged for services for repairs or renovations of tangible personal
183     property, unless Section 59-12-104 provides for an exemption from sales and use tax for:
184          (i) the tangible personal property; and
185          (ii) parts used in the repairs or renovations of the tangible personal property described
186     in Subsection (1)(g)(i), regardless of whether:
187          (A) any parts are actually used in the repairs or renovations of that tangible personal
188     property; or
189          (B) the particular parts used in the repairs or renovations of that tangible personal
190     property are exempt from a tax under this chapter;
191          (h) except as provided in Subsection 59-12-104(7), amounts paid or charged for
192     assisted cleaning or washing of tangible personal property;
193          (i) amounts paid or charged for tourist home, hotel, motel, or trailer court
194     accommodations and services that are regularly rented for less than 30 consecutive days;
195          (j) amounts paid or charged for laundry or dry cleaning services;
196          (k) amounts paid or charged for leases or rentals of tangible personal property if within
197     this state the tangible personal property is:
198          (i) stored;
199          (ii) used; or
200          (iii) otherwise consumed;
201          (l) amounts paid or charged for tangible personal property if within this state the
202     tangible personal property is:
203          (i) stored;
204          (ii) used; or
205          (iii) consumed; and
206          (m) amounts paid or charged for a sale:
207          (i) (A) of a product transferred electronically; or
208          (B) of a repair or renovation of a product transferred electronically; and
209          (ii) regardless of whether the sale provides:
210          (A) a right of permanent use of the product; or
211          (B) a right to use the product that is less than a permanent use, including a right:

212          (I) for a definite or specified length of time; and
213          (II) that terminates upon the occurrence of a condition.
214          (2) (a) Except as provided in Subsections (2)(b) through (e), a state tax and a local tax
215     is imposed on a transaction described in Subsection (1) equal to the sum of:
216          (i) a state tax imposed on the transaction at a tax rate equal to the sum of:
217          (A) 4.70%; and
218          (B) (I) the tax rate the state imposes in accordance with Part 18, Additional State Sales
219     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
220     through 59-12-215 is in a county in which the state imposes the tax under Part 18, Additional
221     State Sales and Use Tax Act; and
222          (II) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales
223     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
224     through 59-12-215 is in a city, town, or the unincorporated area of a county in which the state
225     imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
226          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
227     transaction under this chapter other than this part.
228          (b) Except as provided in Subsection (2)(d) or (e), a state tax and a local tax is imposed
229     on a transaction described in Subsection (1)(d) equal to the sum of:
230          (i) a state tax imposed on the transaction at a tax rate of 2%; and
231          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
232     transaction under this chapter other than this part.
233          (c) Except as provided in Subsection (2)(d) or (e), a state tax and a local tax is imposed
234     on amounts paid or charged for food and food ingredients equal to the sum of:
235          (i) a state tax imposed on the amounts paid or charged for food and food ingredients at
236     a tax rate of 1.75%; and
237          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
238     amounts paid or charged for food and food ingredients under this chapter other than this part.
239          (d) (i) For a bundled transaction that is attributable to food and food ingredients and
240     tangible personal property other than food and food ingredients, a state tax and a local tax is
241     imposed on the entire bundled transaction equal to the sum of:
242          (A) a state tax imposed on the entire bundled transaction equal to the sum of:

243          (I) the tax rate described in Subsection (2)(a)(i)(A); and
244          (II) (Aa) the tax rate the state imposes in accordance with Part 18, Additional State
245     Sales and Use Tax Act, if the location of the transaction as determined under Sections
246     59-12-211 through 59-12-215 is in a county in which the state imposes the tax under Part 18,
247     Additional State Sales and Use Tax Act; and
248          (Bb) the tax rate the state imposes in accordance with Part 20, Supplemental State
249     Sales and Use Tax Act, if the location of the transaction as determined under Sections
250     59-12-211 through 59-12-215 is in a city, town, or the unincorporated area of a county in which
251     the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
252          (B) a local tax imposed on the entire bundled transaction at the sum of the tax rates
253     described in Subsection (2)(a)(ii).
254          (ii) If an optional computer software maintenance contract is a bundled transaction that
255     consists of taxable and nontaxable products that are not separately itemized on an invoice or
256     similar billing document, the purchase of the optional computer software maintenance contract
257     is 40% taxable under this chapter and 60% nontaxable under this chapter.
258          (iii) Subject to Subsection (2)(d)(iv), for a bundled transaction other than a bundled
259     transaction described in Subsection (2)(d)(i) or (ii):
260          (A) if the sales price of the bundled transaction is attributable to tangible personal
261     property, a product, or a service that is subject to taxation under this chapter and tangible
262     personal property, a product, or service that is not subject to taxation under this chapter, the
263     entire bundled transaction is subject to taxation under this chapter unless:
264          (I) the seller is able to identify by reasonable and verifiable standards the tangible
265     personal property, product, or service that is not subject to taxation under this chapter from the
266     books and records the seller keeps in the seller's regular course of business; or
267          (II) state or federal law provides otherwise; or
268          (B) if the sales price of a bundled transaction is attributable to two or more items of
269     tangible personal property, products, or services that are subject to taxation under this chapter
270     at different rates, the entire bundled transaction is subject to taxation under this chapter at the
271     higher tax rate unless:
272          (I) the seller is able to identify by reasonable and verifiable standards the tangible
273     personal property, product, or service that is subject to taxation under this chapter at the lower

274     tax rate from the books and records the seller keeps in the seller's regular course of business; or
275          (II) state or federal law provides otherwise.
276          (iv) For purposes of Subsection (2)(d)(iii), books and records that a seller keeps in the
277     seller's regular course of business includes books and records the seller keeps in the regular
278     course of business for nontax purposes.
279          (e) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(e)(ii)
280     and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a
281     product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental
282     of tangible personal property, other property, a product, or a service that is not subject to
283     taxation under this chapter, the entire transaction is subject to taxation under this chapter unless
284     the seller, at the time of the transaction:
285          (A) separately states the portion of the transaction that is not subject to taxation under
286     this chapter on an invoice, bill of sale, or similar document provided to the purchaser; or
287          (B) is able to identify by reasonable and verifiable standards, from the books and
288     records the seller keeps in the seller's regular course of business, the portion of the transaction
289     that is not subject to taxation under this chapter.
290          (ii) A purchaser and a seller may correct the taxability of a transaction if:
291          (A) after the transaction occurs, the purchaser and the seller discover that the portion of
292     the transaction that is not subject to taxation under this chapter was not separately stated on an
293     invoice, bill of sale, or similar document provided to the purchaser because of an error or
294     ignorance of the law; and
295          (B) the seller is able to identify by reasonable and verifiable standards, from the books
296     and records the seller keeps in the seller's regular course of business, the portion of the
297     transaction that is not subject to taxation under this chapter.
298          (iii) For purposes of Subsections (2)(e)(i) and (ii), books and records that a seller keeps
299     in the seller's regular course of business includes books and records the seller keeps in the
300     regular course of business for nontax purposes.
301          (f) (i) If the sales price of a transaction is attributable to two or more items of tangible
302     personal property, products, or services that are subject to taxation under this chapter at
303     different rates, the entire purchase is subject to taxation under this chapter at the higher tax rate
304     unless the seller, at the time of the transaction:

305          (A) separately states the items subject to taxation under this chapter at each of the
306     different rates on an invoice, bill of sale, or similar document provided to the purchaser; or
307          (B) is able to identify by reasonable and verifiable standards the tangible personal
308     property, product, or service that is subject to taxation under this chapter at the lower tax rate
309     from the books and records the seller keeps in the seller's regular course of business.
310          (ii) For purposes of Subsection (2)(f)(i), books and records that a seller keeps in the
311     seller's regular course of business includes books and records the seller keeps in the regular
312     course of business for nontax purposes.
313          (g) Subject to Subsections (2)(h) and (i), a tax rate repeal or tax rate change for a tax
314     rate imposed under the following shall take effect on the first day of a calendar quarter:
315          (i) Subsection (2)(a)(i)(A);
316          (ii) Subsection (2)(b)(i);
317          (iii) Subsection (2)(c)(i); or
318          (iv) Subsection (2)(d)(i)(A)(I).
319          (h) (i) A tax rate increase takes effect on the first day of the first billing period that
320     begins on or after the effective date of the tax rate increase if the billing period for the
321     transaction begins before the effective date of a tax rate increase imposed under:
322          (A) Subsection (2)(a)(i)(A);
323          (B) Subsection (2)(b)(i);
324          (C) Subsection (2)(c)(i); or
325          (D) Subsection (2)(d)(i)(A)(I).
326          (ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
327     statement for the billing period is rendered on or after the effective date of the repeal of the tax
328     or the tax rate decrease imposed under:
329          (A) Subsection (2)(a)(i)(A);
330          (B) Subsection (2)(b)(i);
331          (C) Subsection (2)(c)(i); or
332          (D) Subsection (2)(d)(i)(A)(I).
333          (i) (i) For a tax rate described in Subsection (2)(i)(ii), if a tax due on a catalogue sale is
334     computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal or
335     change in a tax rate takes effect:

336          (A) on the first day of a calendar quarter; and
337          (B) beginning 60 days after the effective date of the tax rate repeal or tax rate change.
338          (ii) Subsection (2)(i)(i) applies to the tax rates described in the following:
339          (A) Subsection (2)(a)(i)(A);
340          (B) Subsection (2)(b)(i);
341          (C) Subsection (2)(c)(i); or
342          (D) Subsection (2)(d)(i)(A)(I).
343          (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
344     the commission may by rule define the term "catalogue sale."
345          (3) (a) The following state taxes shall be deposited into the General Fund:
346          (i) the tax imposed by Subsection (2)(a)(i)(A);
347          (ii) the tax imposed by Subsection (2)(b)(i);
348          (iii) the tax imposed by Subsection (2)(c)(i); or
349          (iv) the tax imposed by Subsection (2)(d)(i)(A)(I).
350          (b) The following local taxes shall be distributed to a county, city, or town as provided
351     in this chapter:
352          (i) the tax imposed by Subsection (2)(a)(ii);
353          (ii) the tax imposed by Subsection (2)(b)(ii);
354          (iii) the tax imposed by Subsection (2)(c)(ii); and
355          (iv) the tax imposed by Subsection (2)(d)(i)(B).
356          (4) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
357     2003, the lesser of the following amounts shall be expended as provided in Subsections (4)(b)
358     through (g):
359          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
360          (A) by a 1/16% tax rate on the transactions described in Subsection (1); and
361          (B) for the fiscal year; or
362          (ii) $17,500,000.
363          (b) (i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
364     described in Subsection (4)(a) shall be transferred each year as dedicated credits to the
365     Department of Natural Resources to:
366          (A) implement the measures described in Subsections 79-2-303(3)(a) through (d) to

367     protect sensitive plant and animal species; or
368          (B) award grants, up to the amount authorized by the Legislature in an appropriations
369     act, to political subdivisions of the state to implement the measures described in Subsections
370     79-2-303(3)(a) through (d) to protect sensitive plant and animal species.
371          (ii) Money transferred to the Department of Natural Resources under Subsection
372     (4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or any other
373     person to list or attempt to have listed a species as threatened or endangered under the
374     Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
375          (iii) At the end of each fiscal year:
376          (A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
377     Conservation and Development Fund created in Section 73-10-24;
378          (B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
379     Program Subaccount created in Section 73-10c-5; and
380          (C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
381     Program Subaccount created in Section 73-10c-5.
382          (c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
383     Subsection (4)(a) shall be deposited each year in the Agriculture Resource Development Fund
384     created in Section 4-18-106.
385          (d) (i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount described
386     in Subsection (4)(a) shall be transferred each year as dedicated credits to the Division of Water
387     Rights to cover the costs incurred in hiring legal and technical staff for the adjudication of
388     water rights.
389          (ii) At the end of each fiscal year:
390          (A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
391     Conservation and Development Fund created in Section 73-10-24;
392          (B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
393     Program Subaccount created in Section 73-10c-5; and
394          (C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
395     Program Subaccount created in Section 73-10c-5.
396          (e) (i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described
397     in Subsection (4)(a) shall be deposited in the Water Resources Conservation and Development

398     Fund created in Section 73-10-24 for use by the Division of Water Resources.
399          (ii) In addition to the uses allowed of the Water Resources Conservation and
400     Development Fund under Section 73-10-24, the Water Resources Conservation and
401     Development Fund may also be used to:
402          (A) conduct hydrologic and geotechnical investigations by the Division of Water
403     Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
404     quantifying surface and ground water resources and describing the hydrologic systems of an
405     area in sufficient detail so as to enable local and state resource managers to plan for and
406     accommodate growth in water use without jeopardizing the resource;
407          (B) fund state required dam safety improvements; and
408          (C) protect the state's interest in interstate water compact allocations, including the
409     hiring of technical and legal staff.
410          (f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
411     in Subsection (4)(a) shall be deposited in the Utah Wastewater Loan Program Subaccount
412     created in Section 73-10c-5 for use by the Water Quality Board to fund wastewater projects.
413          (g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
414     in Subsection (4)(a) shall be deposited in the Drinking Water Loan Program Subaccount
415     created in Section 73-10c-5 for use by the Division of Drinking Water to:
416          (i) provide for the installation and repair of collection, treatment, storage, and
417     distribution facilities for any public water system, as defined in Section 19-4-102;
418          (ii) develop underground sources of water, including springs and wells; and
419          (iii) develop surface water sources.
420          (5) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
421     2006, the difference between the following amounts shall be expended as provided in this
422     Subsection (5), if that difference is greater than $1:
423          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for the
424     fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); and
425          (ii) $17,500,000.
426          (b) (i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
427          (A) transferred each fiscal year to the Department of Natural Resources as dedicated
428     credits; and

429          (B) expended by the Department of Natural Resources for watershed rehabilitation or
430     restoration.
431          (ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
432     in Subsection (5)(b)(i) shall lapse to the Water Resources Conservation and Development Fund
433     created in Section 73-10-24.
434          (c) (i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
435     remaining difference described in Subsection (5)(a) shall be:
436          (A) transferred each fiscal year to the Division of Water Resources as dedicated
437     credits; and
438          (B) expended by the Division of Water Resources for cloud-seeding projects
439     authorized by Title 73, Chapter 15, Modification of Weather.
440          (ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
441     in Subsection (5)(c)(i) shall lapse to the Water Resources Conservation and Development Fund
442     created in Section 73-10-24.
443          (d) After making the transfers required by Subsections (5)(b) and (c), 94% of the
444     remaining difference described in Subsection (5)(a) shall be deposited into the Water
445     Resources Conservation and Development Fund created in Section 73-10-24 for use by the
446     Division of Water Resources for:
447          (i) preconstruction costs:
448          (A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73, Chapter
449     26, Bear River Development Act; and
450          (B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
451     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
452          (ii) the cost of employing a civil engineer to oversee any project authorized by Title 73,
453     Chapter 26, Bear River Development Act;
454          (iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
455     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
456          (iv) other uses authorized under Sections 73-10-24, 73-10-25.1, 73-10-30, and
457     Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).
458          (e) After making the transfers required by Subsections (5)(b) and (c) and subject to
459     Subsection (5)(f), 6% of the remaining difference described in Subsection (5)(a) shall be

460     transferred each year as dedicated credits to the Division of Water Rights to cover the costs
461     incurred for employing additional technical staff for the administration of water rights.
462          (f) At the end of each fiscal year, any unexpended dedicated credits described in
463     Subsection (5)(e) over $150,000 lapse to the Water Resources Conservation and Development
464     Fund created in Section 73-10-24.
465          (6) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
466     2003, and for taxes listed under Subsection (3)(a), the amount of revenue generated by a 1/16%
467     tax rate on the transactions described in Subsection (1) for the fiscal year shall be deposited in
468     the Transportation Fund created by Section 72-2-102.
469          (7) Notwithstanding Subsection (3)(a), beginning on July 1, 2012, the Division of
470     Finance shall deposit into the Transportation Investment Fund of 2005 created in Section
471     72-2-124 a portion of the taxes listed under Subsection (3)(a) equal to the revenues generated
472     by a 1/64% tax rate on the taxable transactions under Subsection (1).
473          (8) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited in
474     Subsection (7), and subject to Subsection (8)(b), for a fiscal year beginning on or after July 1,
475     2012, the Division of Finance shall deposit into the Transportation Investment Fund of 2005
476     created by Section 72-2-124:
477          (i) a portion of the taxes listed under Subsection (3)(a) in an amount equal to 8.3% of
478     the revenues collected from the following taxes, which represents a portion of the
479     approximately 17% of sales and use tax revenues generated annually by the sales and use tax
480     on vehicles and vehicle-related products:
481          (A) the tax imposed by Subsection (2)(a)(i)(A);
482          (B) the tax imposed by Subsection (2)(b)(i);
483          (C) the tax imposed by Subsection (2)(c)(i); and
484          (D) the tax imposed by Subsection (2)(d)(i)(A)(I); plus
485          (ii) an amount equal to 30% of the growth in the amount of revenues collected in the
486     current fiscal year from the sales and use taxes described in Subsections (8)(a)(i)(A) through
487     (D) that exceeds the amount collected from the sales and use taxes described in Subsections
488     (8)(a)(i)(A) through (D) in the 2010-11 fiscal year.
489          (b) (i) Subject to Subsections (8)(b)(ii) and (iii), in any fiscal year that the portion of
490     the sales and use taxes deposited under Subsection (8)(a) represents an amount that is a total

491     lower percentage of the sales and use taxes described in Subsections (8)(a)(i)(A) through (D)
492     generated in the current fiscal year than the total percentage of sales and use taxes deposited in
493     the previous fiscal year, the Division of Finance shall deposit an amount under Subsection
494     (8)(a) equal to the product of:
495          (A) the total percentage of sales and use taxes deposited under Subsection (8)(a) in the
496     previous fiscal year; and
497          (B) the total sales and use tax revenue generated by the taxes described in Subsections
498     (8)(a)(i)(A) through (D) in the current fiscal year.
499          (ii) In any fiscal year in which the portion of the sales and use taxes deposited under
500     Subsection (8)(a) would exceed 17% of the revenues collected from the sales and use taxes
501     described in Subsections (8)(a)(i)(A) through (D) in the current fiscal year, the Division of
502     Finance shall deposit 17% of the revenues collected from the sales and use taxes described in
503     Subsections (8)(a)(i)(A) through (D) for the current fiscal year under Subsection (8)(a).
504          (iii) In all subsequent fiscal years after a year in which 17% of the revenues collected
505     from the sales and use taxes described in Subsections (8)(a)(i)(A) through (D) was deposited
506     under Subsection (8)(a), the Division of Finance shall annually deposit 17% of the revenues
507     collected from the sales and use taxes described in Subsections (8)(a)(i)(A) through (D) in the
508     current fiscal year under Subsection (8)(a).
509          (9) (a) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited
510     under Subsections (7) and (8), for the 2016-17 fiscal year only, the Division of Finance shall
511     deposit $64,000,000 of the revenues generated by the taxes listed under Subsection (3)(a) into
512     the Transportation Investment Fund of 2005 created by Section 72-2-124.
513          (b) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited under
514     Subsections (7) and (8), for the 2017-18 fiscal year only, the Division of Finance shall deposit
515     $63,000,000 of the revenues generated by the taxes listed under Subsection (3)(a) into the
516     Transportation Investment Fund of 2005 created by Section 72-2-124.
517          [(9)] (c) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited
518     under Subsections (7) and (8), for a fiscal year beginning on or after July 1, [2012] 2018, the
519     Division of Finance shall annually deposit $90,000,000 of the revenues generated by the taxes
520     listed under Subsection (3)(a) into the Transportation Investment Fund of 2005 created by
521     Section 72-2-124.

522          (10) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
523     2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies Fund
524     created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
525          (11) (a) Notwithstanding Subsection (3)(a), except as provided in Subsection (11)(b),
526     and in addition to any amounts deposited under Subsections (7), (8), and (9), beginning on July
527     1, 2012, the Division of Finance shall deposit into the Transportation Investment Fund of 2005
528     created by Section 72-2-124 the amount of tax revenue generated by a .025% tax rate on the
529     transactions described in Subsection (1).
530          (b) For purposes of Subsection (11)(a), the Division of Finance may not deposit into
531     the Transportation Investment Fund of 2005 any tax revenue generated by amounts paid or
532     charged for food and food ingredients, except for tax revenue generated by a bundled
533     transaction attributable to food and food ingredients and tangible personal property other than
534     food and food ingredients described in Subsection (2)(d).
535          (12) (a) Notwithstanding Subsection (3)(a), and except as provided in Subsection
536     (12)(b), beginning on January 1, 2009, the Division of Finance shall deposit into the
537     Transportation Fund created by Section 72-2-102 the amount of tax revenue generated by a
538     .025% tax rate on the transactions described in Subsection (1) to be expended to address
539     chokepoints in construction management.
540          (b) For purposes of Subsection (12)(a), the Division of Finance may not deposit into
541     the Transportation Fund any tax revenue generated by amounts paid or charged for food and
542     food ingredients, except for tax revenue generated by a bundled transaction attributable to food
543     and food ingredients and tangible personal property other than food and food ingredients
544     described in Subsection (2)(d).
545          (13) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the
546     fiscal year during which the Division of Finance receives notice under Subsection
547     63N-2-510(3) that construction on a qualified hotel, as defined in Section 63N-2-502, has
548     begun, the Division of Finance shall, for two consecutive fiscal years, annually deposit
549     $1,900,000 of the revenue generated by the taxes listed under Subsection (3)(a) into the Hotel
550     Impact Mitigation Fund, created in Section 63N-2-512.
551          (14) (a) Notwithstanding Subsection (3)(a), for the 2016-17 fiscal year only, the
552     Division of Finance shall deposit $26,000,000 of the revenues generated by the taxes listed

553     under Subsection (3)(a) into the Throughput Infrastructure Fund created by Section 35A-8-308.
554          (b) Notwithstanding Subsection (3)(a), for the 2017-18 fiscal year only, the Division of
555     Finance shall deposit $27,000,000 of the revenues generated by the taxes listed under
556     Subsection (3)(a) into the Throughput Infrastructure Fund created by Section 35A-8-308.
557          [(14)] (15) Notwithstanding Subsections (4) through [(13)] (14), an amount required to
558     be expended or deposited in accordance with Subsections (4) through [(13)] (14) may not
559     include an amount the Division of Finance deposits in accordance with Section 59-12-103.2.
560          Section 5. Section 59-12-1201 is amended to read:
561          59-12-1201. Motor vehicle rental tax -- Rate -- Exemptions -- Administration,
562     collection, and enforcement of tax -- Administrative charge -- Deposits.
563          (1) (a) Except as provided in Subsection (3), there is imposed a tax of 2.5% on all
564     short-term leases and rentals of motor vehicles not exceeding 30 days.
565          (b) The tax imposed in this section is in addition to all other state, county, or municipal
566     fees and taxes imposed on rentals of motor vehicles.
567          (2) (a) Subject to Subsection (2)(b), a tax rate repeal or tax rate change for the tax
568     imposed under Subsection (1) shall take effect on the first day of a calendar quarter.
569          (b) (i) For a transaction subject to a tax under Subsection (1), a tax rate increase shall
570     take effect on the first day of the first billing period:
571          (A) that begins after the effective date of the tax rate increase; and
572          (B) if the billing period for the transaction begins before the effective date of a tax rate
573     increase imposed under Subsection (1).
574          (ii) For a transaction subject to a tax under Subsection (1), the repeal of a tax or a tax
575     rate decrease shall take effect on the first day of the last billing period:
576          (A) that began before the effective date of the repeal of the tax or the tax rate decrease;
577     and
578          (B) if the billing period for the transaction begins before the effective date of the repeal
579     of the tax or the tax rate decrease imposed under Subsection (1).
580          (3) A motor vehicle is exempt from the tax imposed under Subsection (1) if:
581          (a) the motor vehicle is registered for a gross laden weight of 12,001 or more pounds;
582          (b) the motor vehicle is rented as a personal household goods moving van; or
583          (c) the lease or rental of the motor vehicle is made for the purpose of temporarily

584     replacing a person's motor vehicle that is being repaired pursuant to a repair agreement or an
585     insurance agreement.
586          (4) (a) (i) The tax authorized under this section shall be administered, collected, and
587     enforced in accordance with:
588          (A) the same procedures used to administer, collect, and enforce the tax under Part 1,
589     Tax Collection; and
590          (B) Chapter 1, General Taxation Policies.
591          (ii) Notwithstanding Subsection (4)(a)(i), a tax under this part is not subject to
592     Subsections 59-12-103(4) through [(12)] (14) or Section 59-12-107.1 or 59-12-123.
593          (b) The commission shall retain and deposit an administrative charge in accordance
594     with Section 59-1-306 from the revenues the commission collects from a tax under this part.
595          (c) Except as provided under Subsection (4)(b), all revenue received by the
596     commission under this section shall be deposited daily with the state treasurer and credited
597     monthly to the Marda Dillree Corridor Preservation Fund under Section 72-2-117.
598          Section 6. Section 59-21-2 is amended to read:
599          59-21-2. Mineral Bonus Account created -- Contents -- Use of Mineral Bonus
600     Account money -- Mineral Lease Account created -- Contents -- Appropriation of money
601     from Mineral Lease Account.
602          (1) (a) There is created a restricted account within the General Fund known as the
603     "Mineral Bonus Account."
604          (b) The Mineral Bonus Account consists of federal mineral lease bonus payments
605     deposited pursuant to Subsection 59-21-1(3).
606          (c) The Legislature shall make appropriations from the Mineral Bonus Account in
607     accordance with Section 35 of the Mineral Lands Leasing Act of 1920, 30 U.S.C. Sec. 191.
608          (d) The state treasurer shall:
609          (i) invest the money in the Mineral Bonus Account by following the procedures and
610     requirements of Title 51, Chapter 7, State Money Management Act; and
611          (ii) deposit all interest or other earnings derived from the account into the Mineral
612     Bonus Account.
613          (2) (a) There is created a restricted account within the General Fund known as the
614     "Mineral Lease Account."

615          (b) The Mineral Lease Account consists of federal mineral lease money deposited
616     pursuant to Subsection 59-21-1(1).
617          (c) The Legislature shall make appropriations from the Mineral Lease Account as
618     provided in Subsection 59-21-1(1) and this Subsection (2).
619          (d) [The] (i) Except as provided in Subsections (2)(d)(ii) and (iii), the Legislature shall
620     annually appropriate 32.5% of all deposits made to the Mineral Lease Account to the
621     Permanent Community Impact Fund established by Section 35A-8-303.
622          (ii) For fiscal year 2016-17 only and from the amount required to be deposited under
623     Subsection (2)(d)(i), the Legislature shall appropriate $26,000,000 of the deposits made to the
624     Mineral Lease Account to the Impacted Communities Transportation Development Restricted
625     Account established by Section 72-2-128.
626          (iii) For fiscal year 2017-18 only and from the amount required to be deposited under
627     Subsection (2)(d)(i), the Legislature shall appropriate $27,000,000 of the deposits made to the
628     Mineral Lease Account to the Impacted Communities Transportation Development Restricted
629     Account established by Section 72-2-128.
630          (e) The Legislature shall annually appropriate 2.25% of all deposits made to the
631     Mineral Lease Account to the State Board of Education, to be used for education research and
632     experimentation in the use of staff and facilities designed to improve the quality of education in
633     Utah.
634          (f) The Legislature shall annually appropriate 2.25% of all deposits made to the
635     Mineral Lease Account to the Utah Geological Survey, to be used for activities carried on by
636     the survey having as a purpose the development and exploitation of natural resources in the
637     state.
638          (g) The Legislature shall annually appropriate 2.25% of all deposits made to the
639     Mineral Lease Account to the Water Research Laboratory at Utah State University, to be used
640     for activities carried on by the laboratory having as a purpose the development and exploitation
641     of water resources in the state.
642          (h) (i) The Legislature shall annually appropriate to the Department of Transportation
643     40% of all deposits made to the Mineral Lease Account to be distributed as provided in
644     Subsection (2)(h)(ii) to:
645          (A) counties;

646          (B) special service districts established:
647          (I) by counties;
648          (II) under Title 17D, Chapter 1, Special Service District Act; and
649          (III) for the purpose of constructing, repairing, or maintaining roads; or
650          (C) special service districts established:
651          (I) by counties;
652          (II) under Title 17D, Chapter 1, Special Service District Act; and
653          (III) for other purposes authorized by statute.
654          (ii) The Department of Transportation shall allocate the funds specified in Subsection
655     (2)(h)(i):
656          (A) in amounts proportionate to the amount of mineral lease money generated by each
657     county; and
658          (B) to a county or special service district established by a county under Title 17D,
659     Chapter 1, Special Service District Act, as determined by the county legislative body.
660          (i) (i) The Legislature shall annually appropriate 5% of all deposits made to the
661     Mineral Lease Account to the Department of Workforce Services to be distributed to:
662          (A) special service districts established:
663          (I) by counties;
664          (II) under Title 17D, Chapter 1, Special Service District Act; and
665          (III) for the purpose of constructing, repairing, or maintaining roads; or
666          (B) special service districts established:
667          (I) by counties;
668          (II) under Title 17D, Chapter 1, Special Service District Act; and
669          (III) for other purposes authorized by statute.
670          (ii) The Department of Workforce Services may distribute the amounts described in
671     Subsection (2)(i)(i) only to special service districts established under Title 17D, Chapter 1,
672     Special Service District Act, by counties:
673          (A) of the third, fourth, fifth, or sixth class;
674          (B) in which 4.5% or less of the mineral lease money within the state is generated; and
675          (C) that are significantly socially or economically impacted as provided in Subsection
676     (2)(i)(iii) by the development of minerals under the Mineral Lands Leasing Act, 30 U.S.C. Sec.

677     181 et seq.
678          (iii) The significant social or economic impact required under Subsection (2)(i)(ii)(C)
679     shall be as a result of:
680          (A) the transportation within the county of hydrocarbons, including solid hydrocarbons
681     as defined in Section 59-5-101;
682          (B) the employment of persons residing within the county in hydrocarbon extraction,
683     including the extraction of solid hydrocarbons as defined in Section 59-5-101; or
684          (C) a combination of Subsections (2)(i)(iii)(A) and (B).
685          (iv) For purposes of distributing the appropriations under this Subsection (2)(i) to
686     special service districts established by counties under Title 17D, Chapter 1, Special Service
687     District Act, the Department of Workforce Services shall:
688          (A) (I) allocate 50% of the appropriations equally among the counties meeting the
689     requirements of Subsections (2)(i)(ii) and (iii); and
690          (II) allocate 50% of the appropriations based on the ratio that the population of each
691     county meeting the requirements of Subsections (2)(i)(ii) and (iii) bears to the total population
692     of all of the counties meeting the requirements of Subsections (2)(i)(ii) and (iii); and
693          (B) after making the allocations described in Subsection (2)(i)(iv)(A), distribute the
694     allocated revenues to special service districts established by the counties under Title 17D,
695     Chapter 1, Special Service District Act, as determined by the executive director of the
696     Department of Workforce Services after consulting with the county legislative bodies of the
697     counties meeting the requirements of Subsections (2)(i)(ii) and (iii).
698          (v) The executive director of the Department of Workforce Services:
699          (A) shall determine whether a county meets the requirements of Subsections (2)(i)(ii)
700     and (iii);
701          (B) shall distribute the appropriations under Subsection (2)(i)(i) to special service
702     districts established by counties under Title 17D, Chapter 1, Special Service District Act, that
703     meet the requirements of Subsections (2)(i)(ii) and (iii); and
704          (C) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
705     may make rules:
706          (I) providing a procedure for making the distributions under this Subsection (2)(i) to
707     special service districts; and

708          (II) defining the term "population" for purposes of Subsection (2)(i)(iv).
709          (j) (i) The Legislature shall annually make the following appropriations from the
710     Mineral Lease Account:
711          (A) an amount equal to 52 cents multiplied by the number of acres of school or
712     institutional trust lands, lands owned by the Division of Parks and Recreation, and lands owned
713     by the Division of Wildlife Resources that are not under an in lieu of taxes contract, to each
714     county in which those lands are located;
715          (B) to each county in which school or institutional trust lands are transferred to the
716     federal government after December 31, 1992, an amount equal to the number of transferred
717     acres in the county multiplied by a payment per acre equal to the difference between 52 cents
718     per acre and the per acre payment made to that county in the most recent payment under the
719     federal payment in lieu of taxes program, 31 U.S.C. Sec. 6901 et seq., unless the federal
720     payment was equal to or exceeded the 52 cents per acre, in which case a payment under this
721     Subsection (2)(j)(i)(B) may not be made for the transferred lands;
722          (C) to each county in which federal lands, which are entitlement lands under the federal
723     in lieu of taxes program, are transferred to the school or institutional trust, an amount equal to
724     the number of transferred acres in the county multiplied by a payment per acre equal to the
725     difference between the most recent per acre payment made under the federal payment in lieu of
726     taxes program and 52 cents per acre, unless the federal payment was equal to or less than 52
727     cents per acre, in which case a payment under this Subsection (2)(j)(i)(C) may not be made for
728     the transferred land; and
729          (D) to a county of the fifth or sixth class, an amount equal to the product of:
730          (I) $1,000; and
731          (II) the number of residences described in Subsection (2)(j)(iv) that are located within
732     the county.
733          (ii) A county receiving money under Subsection (2)(j)(i) may, as determined by the
734     county legislative body, distribute the money or a portion of the money to:
735          (A) special service districts established by the county under Title 17D, Chapter 1,
736     Special Service District Act;
737          (B) school districts; or
738          (C) public institutions of higher education.

739          (iii) (A) Beginning in fiscal year 1994-95 and in each year after fiscal year 1994-95, the
740     Division of Finance shall increase or decrease the amounts per acre provided for in Subsections
741     (2)(j)(i)(A) through (C) by the average annual change in the Consumer Price Index for all urban
742     consumers published by the Department of Labor.
743          (B) For fiscal years beginning on or after fiscal year 2001-02, the Division of Finance
744     shall increase or decrease the amount described in Subsection (2)(j)(i)(D)(I) by the average
745     annual change in the Consumer Price Index for all urban consumers published by the
746     Department of Labor.
747          (iv) Residences for purposes of Subsection (2)(j)(i)(D)(II) are residences that are:
748          (A) owned by:
749          (I) the Division of Parks and Recreation; or
750          (II) the Division of Wildlife Resources;
751          (B) located on lands that are owned by:
752          (I) the Division of Parks and Recreation; or
753          (II) the Division of Wildlife Resources; and
754          (C) are not subject to taxation under:
755          (I) Chapter 2, Property Tax Act; or
756          (II) Chapter 4, Privilege Tax.
757          (k) The Legislature shall annually appropriate to the Permanent Community Impact
758     Fund all deposits remaining in the Mineral Lease Account after making the appropriations
759     provided for in Subsections (2)(d) through (j).
760          (3) (a) Each agency, board, institution of higher education, and political subdivision
761     receiving money under this chapter shall provide the Legislature, through the Office of the
762     Legislative Fiscal Analyst, with a complete accounting of the use of that money on an annual
763     basis.
764          (b) The accounting required under Subsection (3)(a) shall:
765          (i) include actual expenditures for the prior fiscal year, budgeted expenditures for the
766     current fiscal year, and planned expenditures for the following fiscal year; and
767          (ii) be reviewed by the Business, Economic Development, and Labor Appropriations
768     Subcommittee as part of its normal budgetary process under Title 63J, Chapter 1, Budgetary
769     Procedures Act.

770          Section 7. Section 72-2-128 is enacted to read:
771          72-2-128. Impacted Communities Transportation Development Restricted
772     Account.
773          (1) There is created a restricted account known as the Impacted Communities
774     Transportation Development Restricted Account within the Transportation Investment Fund of
775     2005 created by Section 72-2-124.
776          (2) The account consists of money generated from the following revenue sources:
777          (a) Mineral Lease Account money deposited into the account in accordance with
778     Section 59-21-2;
779          (b) any voluntary contributions received for the construction, major reconstruction, or
780     major renovation of state or federal highways; and
781          (c) appropriations made to the fund by the Legislature.
782          (3) (a) The fund shall earn interest.
783          (b) All interest earned on fund money shall be deposited into the fund.
784          (4) The executive director may use fund money, as prioritized by the Transportation
785     Commission, only to pay the costs of construction, reconstruction, or renovation to state and
786     federal highways that are qualified projects under the Mineral Lands Leasing Act, 30 U.S.C.
787     Sec. 181 et seq.
788          Section 8. Effective date.
789          This bill takes effect on July 1, 2016.