Title 72 - Transportation Code - Chapter 2 - Transportation Finances Act - Part 1 - Transportation Fund and Highway Finances - Section 108 - Apportionment of funds available for use on class B and class C roads -- Bonds. (Effective 7/1/2021)


Published: 2021-07-01

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Effective 7/1/2021 72-2-108 Apportionment of funds available for use on class B and class C roads -- Bonds. (1) For purposes of this section:

(a) "Eligible county" means a county of the fifth class, as described in Section 17-50-501, that received a distribution for fiscal year 2015 that was reapportioned to include money in addition to the amount calculated under Subsection (2), and the portion of the distribution derived from the calculation under Subsection (2) was less than 60% of the total distribution.

(b) "Graveled road" means a road: (i) that is:

(A) graded; and (B) drained by transverse drainage systems to prevent serious impairment of the road by

surface water; (ii) that has an improved surface; and (iii) that has a wearing surface made of:

(A) gravel; (B) broken stone; (C) slag; (D) iron ore; (E) shale; or (F) other material that is:

(I) similar to a material described in Subsection (1)(b)(iii)(A) through (E); and (II) coarser than sand.

(c) "Paved road" includes: (i) a graveled road with a chip seal surface; and (ii) a circulator alley.

(d) "Road mile" means a one-mile length of road, regardless of: (i) the width of the road; or (ii) the number of lanes into which the road is divided.

(e) "Weighted mileage" means the sum of the following: (i) paved road miles multiplied by five; and (ii) all other road type road miles multiplied by two.

(2) Subject to the provisions of Subsections (3) through (7), funds appropriated for class B and class C roads shall be apportioned among counties and municipalities in the following manner:

(a) 50% in the ratio that the class B roads weighted mileage within each county and class C roads weighted mileage within each municipality bear to the total class B and class C roads weighted mileage within the state; and

(b) 50% in the ratio that the population of a county or municipality bears to the total population of the state as of the last official federal census or the United States Bureau of Census estimate, whichever is most recent, except that if population estimates are not available from the United States Bureau of Census, population figures shall be derived from the estimate from the Utah Population Committee.

(3) For purposes of Subsection (2)(b), "the population of a county" means: (a) for a county of the first class with a metro township, as defined in Section 10-2a-403, within

the boundaries of the county as of January 1, 2020: (i) the population of a county outside the corporate limits of municipalities in that county, if the

population of the county outside the corporate limits of municipalities in that county is not less than 7% of the total population of that county, including municipalities; and

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(ii) if the population of a county outside the corporate limits of municipalities in the county is less than 7% of the total population:

(A) the aggregate percentage of the population apportioned to municipalities in that county shall be reduced by an amount equal to the difference between:

(I) 7%; and (II) the actual percentage of population outside the corporate limits of municipalities in that

county; and (B) the population apportioned to the county shall be 7% of the total population of that county,

including incorporated municipalities; or (b) for any county not described in Subsection (3)(a):

(i) the population of a county outside the corporate limits of municipalities in that county, if the population of the county outside the corporate limits of municipalities in that county is not less than 14% of the total population of that county, including municipalities; and

(ii) if the population of a county outside the corporate limits of municipalities in the county is less than 14% of the total population:

(A) the aggregate percentage of the population apportioned to municipalities in that county shall be reduced by an amount equal to the difference between:

(I) 14%; and (II) the actual percentage of population outside the corporate limits of municipalities in that

county; and (B) the population apportioned to the county shall be 14% of the total population of that

county, including incorporated municipalities. (4) For an eligible county, the department shall reapportion the funds under Subsection (2) to

ensure that the county or municipality receives, for a fiscal year beginning on or after July 1, 2018, an amount equal to the greater of:

(a) the amount apportioned to the county or municipality for class B and class C roads in the current fiscal year under Subsection (2); or

(b) (i) the amount apportioned to the county or municipality for class B and class C roads through

the apportionment formula under Subsection (2) or this Subsection (4) in the prior fiscal year; plus

(ii) the amount calculated as described in Subsection (6). (5)

(a) The department shall decrease proportionately as provided in Subsection (5)(b) the apportionments to counties and municipalities for which the reapportionment under Subsection (4) does not apply.

(b) The aggregate amount of the funds that the department shall decrease proportionately from the apportionments under Subsection (5)(a) is an amount equal to the aggregate amount reapportioned to counties and municipalities under Subsection (4).

(6) (a) In addition to the apportionment adjustments made under Subsection (4), a county or

municipality that qualifies for reapportioned money under Subsection (4) shall receive an amount equal to the amount apportioned to the eligible county or municipality under Subsection (4) for class B and class C roads in the prior fiscal year multiplied by the percentage increase or decrease in the total funds available for class B and class C roads between the prior fiscal year and the fiscal year that immediately preceded the prior fiscal year.

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(b) The adjustment under Subsection (6)(a) shall be made in the same way as provided in Subsections (5)(a) and (b).

(7) (a) If a county or municipality does not qualify for a reapportionment under Subsection (4) in the

current fiscal year but previously qualified for a reapportionment under Subsection (4) on or after July 1, 2017, the county or municipality shall receive an amount equal to the greater of:

(i) the amount apportioned to the county or municipality for class B and class C roads in the current fiscal year under Subsection (2); or

(ii) the amount apportioned to the county or municipality for class B and class C roads in the prior fiscal year.

(b) The adjustment under Subsection (7)(a) shall be made in the same way as provided in Subsections (5)(a) and (b).

(8) The governing body of any municipality or county may issue bonds redeemable up to a period of 10 years under Title 11, Chapter 14, Local Government Bonding Act, to pay the costs of constructing, repairing, and maintaining class B or class C roads and may pledge class B or class C road funds received pursuant to this section to pay principal, interest, premiums, and reserves for the bonds.

Amended by Chapter 377, 2020 General Session