Bill Text: AZ HB2147 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Regional transportation authority; amendments
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-26 - Referred to House TI Committee [HB2147 Detail]
Download: Arizona-2016-HB2147-Introduced.html
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REFERENCE TITLE: regional transportation authority; amendments |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2147 |
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Introduced by Representative Leach
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AN ACT
amending sections 48-5308, 48-5309 and 48-5313, Arizona Revised Statutes; relating to regional transportation authorities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 48-5308, Arizona Revised Statutes, is amended to read:
48-5308. Distribution from regional transportation fund
A. All monies in the bond account of the regional transportation fund shall be held in trust for the owners of the bonds. Monies in the bond account:
1. Shall be paid out to paying agents or directly to the owners of the bonds pursuant to the resolution or resolutions of the board authorizing the issuance of the bonds.
2. May be used to pay bond related expenses or recurring expenses pertaining to administration and payment of the bonds.
B. Monies in the bond proceeds account of the regional transportation fund may be obligated or spent as directed by the board for the purposes provided by subsection C of this section.
C. Except as provided in subsection D of this section, monies in the construction account of the regional transportation fund shall be spent, pledged or accumulated for the design, right‑of‑way purchase, construction, operation, maintenance and contiguous open space preservation purchase compatible with local environmental ordinance of, and within the expenditure limits for, each element of the regional transportation plan.
D. Notwithstanding any other law, from the monies deposited in the construction account of the regional transportation fund in each fiscal year, the board shall distribute:
1. To each municipality, excluding the municipality that has the largest population in the county, the greater amount of one per cent percent of the revenues collected from the transportation excise tax authorized pursuant to section 42‑6106 or three hundred thousand dollars, to be used for purposes consistent with subsection C of this section.
2. An amount of not more than three hundred thousand dollars one percent of the revenues collected from the transportation excise tax authorized PURSUANT to section 42-6106 to the regional council of governments to hire professional planning, technical and administrative staff required to accomplish plan development for the authority pursuant to section 48‑5309 and to perform the responsibilities as the authority may require.
E. The three hundred thousand dollar distributions distribution prescribed by subsection D, paragraph 1 of this section are is subject to:
1. Proration for any fiscal year in which a transportation excise tax authorized pursuant to section 42‑6106 is collected for less than a full fiscal year.
2. Adjustment by the annual percentage change for the previous calendar year in the GDP price deflator, as defined in section 41‑563, for each fiscal year after the first full fiscal year in which the transportation excise tax is collected.
F. Beginning with the first fiscal year following voter approval of the regional transportation plan, monies appropriated for each of the following purposes, if approved by a majority of the qualified electors voting at a special or general election, by each municipality or the county in the authority shall not be less than the total amount of general monies spent for those purposes in that municipality or county for fiscal year 2003‑2004 adjusted by the annual percentage change for the previous calendar year in the GDP price deflator as defined in section 41‑563:
1. Roadway improvements, including controlled access highways, parkways and controlled access arterials, arterial upgrades and related grade separations.
2. Transit improvements for buses, including expansion of the bus fleet and its associated maintenance facility, expansion of express routes and associated connecting terminals, ridesharing, van pool fleet acquisition, including special projects for persons with disabilities and elderly individuals, and park and ride lots.
3. An express and light rail system.
4. Bicycle projects, including striped lanes on arterials, neighborhood bike routes and planning of bikeways focused on major regional activity center destinations.
5. Pedestrian projects on arterial and collector streets, neighborhood walkways and walkways focused on major regional activity center destinations.
Sec. 2. Section 48-5309, Arizona Revised Statutes, is amended to read:
48-5309. Regional transportation plan; definitions
A. The authority shall develop a twenty year regional transportation plan that is subject to approval by the qualified electors of the county and financed by a transportation excise tax approved pursuant to section 42‑6106 and bonds issued pursuant to article 2 of this chapter. The regional transportation plan:
1. May give priority to multimodal transportation operations and improvements along corridors where seventy‑five per cent percent or more of the adjacent census tracts had a population density of at least three thousand persons per square mile according to the most recent United States decennial census.
2. Shall include a public transportation component.
3. May, among other things:
(a) Define and identify regional transportation corridors.
(b) Define the transportation problems, goals and needs for each corridor.
(c) Determine environmental, economic, energy and social policies to guide transportation investment decisions.
(d) Determine the impact of the plan on air quality, with one of the goals of the plan being the improvement of air quality.
(e) Order the priority of regional transportation corridors for development.
(f) Determine the mix of alternative transportation modes appropriate for development consistent with the transportation goals and needs for each corridor. The mix may include sidewalks, rail service, buses, vans, para‑transit, park and ride lots, bicycle facilities and any other facility or service reasonably related to transportation.
(g) Select appropriate public transportation technology.
(h) Determine the capacity for exclusive public transportation technologies.
(i) Determine operating performance criteria and costs for public transportation systems.
(j) Locate routes and access points to the public transportation systems.
(k) Determine the ridership of public transportation systems.
(l) Determine the need for landscape buffers, noise barriers, pedestrian bypasses, multiuse paths and other environmental impact mitigation measures relating to the regional transportation plan.
B. The regional transportation plan may not be amended to add or delete an element or substantially change an element without prior approval of the electorate at a general or special election pursuant to subsection D of this section. The prior approval of the electorate required by this subsection is waived if a political subdivision causing changes within its jurisdiction to the regional transportation plan incurs the incremental costs of implementing the proposed changes.
C. The proposition for a revised regional transportation plan considered at an election held pursuant to subsection D of this section shall adhere to the format applicable to the ballot proposition approved by the qualified electors voting on the initial regional transportation plan.
D. If a substantial change occurs, the board of directors shall request the county board of supervisors to provide a ballot proposition for consideration of a revised regional transportation plan on or before the date of the next general election. The board of supervisors shall provide the proposition at the next general election. If a majority of the qualified electors voting on the issue does not approve a revised regional transportation plan, the board of directors shall continue implementation of the previously approved regional transportation plan and may continue to make expenditures authorized pursuant to section 48‑5308, subsection C, except those obligated as of the date of the general election, are prohibited but may not make expenditures in excess of revenues received pursuant to section 48-5307, subsection A that are available for those purposes.
E. For the purposes of this section: ,
1. "Present worth" means the amount calculated by using The preceding five‑year average of the GDP price deflator as defined in section 41‑563 to discount the respective series of estimated revenues and expenditures.
2. "Substantial change" means a change that, based on data in the transportation improvement program developed pursuant to section 48‑5304, paragraph 3, results in one or more of the following conditions:
1. (a) A present worth of estimated expenditures required to complete all elements of the regional transportation plan that exceeds the greater of:
(i) The present worth of estimated revenues available to the regional transportation fund during the comparable period by ten per cent percent or more.
(ii) The original ESTIMATED revenue amount that was presented to the voters, except that estimated revenues from bond proceeds, if any, shall not exceed the bond capacity, less associated expenses, supported by estimates of unencumbered revenues for the initial ten years of authorization for the transportation excise tax. The preceding five year average of the GDP price deflator as defined in section 41‑563 shall be used to discount the respective series of estimated revenues and expenditures to a present worth.
2. (b) An estimated cost to complete one or more elements of the regional transportation plan that exceeds the expenditure limitations of the plan as adjusted by the GDP price deflator as defined in section 41‑563 by the following or greater percentages:
(a) (i) Ten per cent percent for a single element of the plan.
(b) (ii) Fifteen per cent percent for any two elements of the plan.
(c) (iii) Twenty per cent percent for three or more elements of the plan.
Sec. 3. Section 48-5313, Arizona Revised Statutes, is amended to read:
48-5313. Eminent domain
A. The authority or the cities, and towns or and county may:
1. exercise the right of eminent domain pursuant to title 12, chapter 8, article 2 for the purposes prescribed in this chapter on behalf of the authority.
2. B. The cities, towns and county may sell or lease to the authority property acquired through eminent domain proceedings.
