COMMITTEE ON WAYS AND MEANS
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1147
(Reference to Senate engrossed bill)
Page 1, line 5, after "election" insert "; report"
Line 13, after "election" insert "held on a regularly scheduled countywide general election date pursuant to section 16-211"
Line 30, strike the period insert "for:
(a) Freeways and other routes in the state highway system, including capital expense and maintenance.
(b) Major arterial street and intersection improvements, including capital expenses."
Between lines 37 and 38, insert:
"(e) Shall allocate at least sixty percent of the monies on freeway or highway road projects, including capital expense and maintenance.
(f) May not include any project that will result in a reduction of existing lane miles on a road or street."
Line 39, strike the first "a" insert "Maricopa"; after "county" strike remainder of line
Line 40, strike "42-6105"
Page 2, line 6, after "4." insert "Notwithstanding section 28-6303, subsection D, section 42-6105, subsection D and section 48-5103, subsection A, paragraph 3,"
Line 14, strike "and implementation studies"
Between lines 18 and 19, insert:
"5. The plan shall allocate at least sixty percent of the monies for freeways and other routes in the state highway system, including capital expense and maintenance.
6. The plan may not include any project that will result in a reduction in existing lane miles on a road or street."
Page 2, line 22, strike the second "the" insert "Pima"; after "county" insert ", on a unanimous vote,"
Line 28, after "on" strike remainder of line
Strike line 29, insert "a regularly scheduled countywide general election date pursuant to section 16-211."
Lines 34 and 38, strike "twenty" insert "ten"
Page 3, line 11, after the second "the" insert "exclusive"
Line 13, after the period insert "Monies in the regional transportation fund are not subject to appropriation by the county board of supervisors or subject to use for any purpose except as authorized pursuant to the regional transportation plan. The plan:
(a) Shall allocate at least sixty percent of the monies for freeway or highway road projects, including capital expense and maintenance.
(b) May not include any project that will result in a reduction in existing lane miles on a road or street.
D. On or before January 31 of each year the board of supervisors of any county that levies a transportation tax pursuant to this section and section 42‑6105, 42‑6106 or 42‑6107 shall submit a report to the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state that includes the following information:
1. The date the tax was first levied under this section and the date the tax will expire.
2. The amount of net revenues from the tax collected in the preceding calendar year.
3. The aggregate amount of net revenues collected since the tax was first levied under this section and the projected amount of net revenues that will be collected when the tax expires.
4. An itemized list of the construction projects in process or completed pursuant to the transportation plan under this section.
5. The percentage of revenues spent under each of the following categories since the inception of the tax:
(a) Freeway and highway road projects, including capital expense and maintenance.
(b) Transit, multimodal or public transportation systems, including capital expense and maintenance.
(c) Arterial or collector streets and intersections, including capital expense and maintenance."
Reletter to conform
Page 3, after line 20, insert:
"Sec. 2. Section 28-6308, Arizona Revised Statutes, is amended to read:
28-6308. Regional planning agency transportation policy committee; regional transportation plan; plan review process; committee termination
A. The regional planning agency in the county shall establish a transportation policy committee consisting of twenty‑three members as follows:
1. Seventeen members of the regional planning agency, including one member of the state transportation board who represents the county, one member of the county board of supervisors and one member representing Indian communities in the county.
2. Six members who represent regionwide business interests, one of whom must represent transit interests, one of whom must represent freight interests and one of whom must represent construction interests. The president of the senate and the speaker of the house of representatives shall each appoint three members to the committee pursuant to this paragraph. Members who are appointed pursuant to this paragraph serve six‑year terms. The chairman of the regional planning agency may submit names to the president of the senate and the speaker of the house of representatives for consideration for appointment to the transportation policy committee.
B. Through the regional planning agency, the transportation policy committee shall:
1. By a majority vote of the members, recommend approval of a twenty year comprehensive, performance based, multimodal and coordinated regional transportation plan in the county, including transportation corridors by priority and a schedule indicating the dates that construction will commence for projects contained in the plan.
2. Develop the plan in cooperation with the regional public transportation authority in the county and the department of transportation and in consultation with the county board of supervisors, Indian communities and cities and towns in the county.
3. Submit the plan for review by the regional public transportation authority in the county, the state board of transportation, the county board of supervisors, Indian communities and cities and towns in the county at the alternatives stage of the plan and the final draft stage of the plan. After reviewing the plan, the regional public transportation authority in the county, the county board of supervisors and the state board of transportation, by majority vote of the members of each entity within thirty days after receiving the plan, shall submit a written recommendation to the transportation policy committee that the plan be approved, modified or disapproved. Within thirty days after receiving the plan, Indian communities and cities and towns in the county may submit a written recommendation to the transportation policy committee that the plan be approved, modified or disapproved.
4. Consider plan modifications proposed by any of the entities as prescribed in paragraph 3 of this subsection.
5. By majority vote, approve, disapprove or further modify each proposed plan modification.
6. Provide a written response to the regional public transportation authority, the state board of transportation, the county board of supervisors and the entity that submitted the proposed modification within thirty days after the vote on the proposed modification explaining the affirmation, rejection or further modification of each proposed modification.
7. Recommend the plan to the regional planning agency for approval for an air quality conformity analysis.
C. The regional transportation plan:
1. Shall include the following transportation mode classifications with a revenue allocation to each classification consistent with section 42‑6105, subsection D:
(a) Freeways and other routes in the state highway system.
(b) Major arterial streets and intersection improvements.
(c) Public transportation systems.
2. Shall provide a suggested construction schedule for the transportation projects contained in the plan.
3. May be annually updated to introduce new controlled access highways, related grade separations and transportation projects or to modify the existing plan.
4. Shall be developed to meet federal air quality requirements established for the region in which it is located.
D. Beginning in 2023 and every fifth year thereafter, the transportation policy committee shall:
1. Conduct a formal evaluation of the allocation of assets and resources within the regional transportation plan. The evaluation proceeding shall include meetings and hearings with:
(a) The public.
(b) The governing bodies of the county and the municipalities in the regional public transportation authority.
(c) The regional planning agency and the regional public transportation authority.
2. If necessary, recommend to the regional planning agency modifications to the regional transportation plan to accommodate unserved and underserved areas and other priorities of the regional transportation plan.
D. E. Transportation excise tax revenues that are distributed pursuant to section 42‑6105, subsection D shall not be redistributed or used for other transportation modes. Except as provided by section 28‑6353, subsections D, E and F, transportation excise tax revenues that are dedicated in the plan to a specific project or transportation system may only be redistributed to or otherwise used for another project within the same transportation mode if approved by a majority vote of the transportation policy committee.
E. F. The committee established pursuant to this section ends on July 1, 2024 pursuant to section 41‑3103.
Sec. 3. Section 42-6105, Arizona Revised Statutes, is amended to read:
42-6105. County transportation excise tax; counties with population of one million two hundred thousand or more persons
A. If approved by the qualified electors voting at a countywide election, a county with a population of one million two hundred thousand or more persons shall levy and the department shall collect a tax as provided by this section, in addition to all other taxes.
B. The tax shall be levied and collected:
1. At a rate of not more than ten per cent percent of the transaction privilege tax rate prescribed by section 42‑5010, subsection A applying, as of January 1, 1990, to each person engaging or continuing in the county in a business taxed under chapter 5, article 1 of this title.
2. At a rate of not more than ten per cent percent of the rate prescribed by section 42-5352, subsection A.
3. On the use or consumption of electricity or natural gas by retail electric or natural gas customers in the county who are subject to use tax under section 42‑5155, at a rate equal to the transaction privilege tax rate under paragraph 1 of this subsection applying to persons engaging or continuing in the county in the utilities transaction privilege tax classification.
C. The tax levied under this section shall be in effect for a term of twenty years.
D. The net revenues collected under this section shall be distributed and deposited as follows for use consistent with the regional transportation plan adopted under title 28, chapter 17, article 1:
1. 56.2 per cent percent to the regional area road fund pursuant to section 28‑6303 for freeways and other routes in the state highway system, including capital expense and maintenance.
2. 10.5 per cent percent to the regional area road fund pursuant to section 28‑6303 for major arterial streets and intersection improvements, including capital expense and implementation studies.
3. 33.3 per cent percent to the public transportation fund pursuant to section 48‑5103 for:
(a) Capital costs, maintenance and operation of public transportation classifications.
(b) Capital costs and utility relocation costs associated with a light rail public transit system. From and after December 31, 2022, the allocation of monies under this subdivision shall terminate."
Amend title to conform