Assigned to TPS                                                                                                  AS PASSED BY COMMITTEE

ARIZONA STATE SENATE

Fifty-Fourth Legislature, First Regular Session

AMENDED

FACT SHEET FOR H.B. 2439

highway rest area programs; repeal

(NOW: highway rest area programs; continuation)

Purpose

            Continues, for eight years, the State Certified Rest Area Program (Rest Area Program) and the Rest Area Sponsorship Sign Program (Sign Program).

Background

Current statute allows the Arizona Department of Transportation (ADOT) to privatize any rest area constructed on or adjacent to state highways. Any privatization agreement with a person must include provisions that: 1) prohibit a person from charging fees for the use of a lavatory; and 2) require a person to provide adequate outdoor picnic areas. ADOT is also allowed to establish a Rest Area Program in accordance with federal law and contract with third parties or other government entities to certify and recertify rest areas for the Rest Area Program (A.R.S. § 28‑7058).

Statute also allows for the establishment of a Sign Program, where ADOT may contract with a third party to install, maintain and replace rest area sponsorship signs located in a public right-of-way of the interstate or state highway system. ADOT may enter into a revenue sharing agreement with the third party, and is required to deposit monies received from said revenue sharing agreement into a subaccount of the State Highway Fund for the maintenance, operation and repair of rest areas (A.R.S. § 28-7059).

Federal statute currently prohibits commercial establishments from being constructed on rights-of-way of the Interstate Highway System, except that establishments constructed before January 1, 1960, are permitted to continue operations. The law does not prohibit the use of airspace above and below the established grade line of the highway as long as such use does not impair the flow of traffic (23 U.S.C. § 111).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Continues the Rest Area Program until July 1, 2027.

2. Continues the Sign Program until July 1, 2027.

3. Becomes effective on the general effective date, retroactive to July 1, 2019.

Amendments Adopted by Committee

· Continues the Rest Area Program and Sign Program for eight years, rather than ten years.

House Action Senate Action

TRANS         2/13/19      DP     7-0-0-0                     TPS                3/6/19       DPA     7-0-1

3^rd Read         2/25/19                 60-0-0

Prepared by Senate Research

March 13, 2019

ZD/gs