Ariz. Rev. Stat. § 28-6352 – County transportation excise tax; budget process; annual report

A. The regional planning agency in the county shall develop and adopt a plan. The plan shall be multimodal and shall be developed in cooperation with state and local public transportation authorities and operators and in coordination with the department. The regional planning agency shall consider truck parking availability when considering the construction, expansion or modification of freeways or other routes in the state highway system. On or before December 31, 2045, the regional planning agency shall allocate at least $90,000,000 for the implementation of commercial motor vehicle parking that is consistent with a regionally adopted truck parking plan, including funding for construction, land acquisition, lease, maintenance or operations or entry into a public-private partnership agreement.
B. The plan shall allocate revenue collected under section 42-6105.01 as follows:
1. 1. In the regional area road fund established by section 28-6302 for freeways and other routes in the state highway system, including capital expense and maintenance.
2. 2. In the regional area road fund established by section 28-6302 for major arterial streets, intersection improvements and regional transportation infrastructure, including capital expense and implementation studies.
3. 3. In the public transportation fund established by section 48-5103 for both:
  1. (a) Capital costs, maintenance and operation of public transportation mode classifications.
  2. (b) Capital rehabilitation costs associated with the light rail system.
C. Beginning fiscal year 2023-2024, the regional planning agency shall adopt a budget process that ensures:
1. 1. The estimated cost of the freeways and other routes in the region's state highway system does not exceed the total amount of revenues estimated to be available over the term of the transportation excise tax as prescribed by section 42-6105, subsection C and section 42-6105.01, subsection C.
2. 2. The estimated cost of the public transportation system does not exceed the total amount of revenues estimated to be available over the term of the transportation excise tax as prescribed by section 42-6105, subsection C and section 42-6105.01, subsection C.
3. 3. The estimated cost of major arterial streets, intersection improvements and regional transportation infrastructure does not exceed the total amount of revenues estimated to be available over the term of the transportation excise tax as prescribed by section 42-6105, subsection C and section 42-6105.01, subsection C.
D. The regional planning agency shall coordinate with implementing partners on the budget process prescribed in subsection C of this section, including the department for freeways and other routes in the state highway system and the regional public transportation authority in the county for the public transportation system.
E. The regional planning agency shall determine the use of the revenues collected under sections 42-6105 and 42-6105.01 for capital projects through the transportation improvement program.
F. Any bonds issued against proceeds collected pursuant to sections 42-6105 and 42-6105.01 require consultation with the regional planning agency.
G. The regional planning agency shall annually report on the status of the projects funded pursuant to section 42-6105 or 42-6105.01 and shall post the report on its website.
H. Requests for changes to transportation projects funded in the plan that would materially increase costs shall be submitted to the regional planning agency for approval and submitted by the regional planning agency to the transportation policy committee and the board for consideration and approval.
I. If a local authority requests an enhancement to a transportation project funded in the plan, the local authority shall pay all costs associated with the enhancement.
J. The plan shall reflect the allocation of revenues collected under section 42-6105, subsection D through December 31, 2025.
K. The budget process prescribed in subsection C of this section does not apply to the annual operating budget of the regional public transportation authority in the county.
L. If monies are appropriated by the legislature for a project that is identified in the plan, the use of the monies for construction requires both of the following:
1. 1. The project must be advanced as appropriate to reflect the estimated construction start date.
2. 2. The monies must be used in the same modal classification specified in subsection B of this section.
M. If a municipality pays for public transportation service in an adjacent municipality or unincorporated area of a county, the cost of the service shall be eligible for reimbursement from monies collected under section 42-6105 or 42-6105.01. For the purposes of this subsection:
1. 1. "Municipality" means a city or town.
2. 2. "Public transportation service" includes circulator service.