Req. No. 50115 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Extraordinary Session of the 59th Legislature (2023) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 1025 By: Wallace and Martinez of the House and Thompson (Roger) and Hall of the Senate COMMITTEE SUBSTITUTE An Act relating to transportation; amending 69 O.S. 2021, Section 1913, which relates to the Rural Economic Transportation Reliability and Optimization Fund; modifying population limitation; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA: SECTION 1. AMENDATORY 69 O.S. 2021, Section 1913, is amended to read as follows: Section 1913. There is hereby estab lished a fund within the State Treasury to be known as the "Rural Economic Transportation Reliability and Optimization Fun d" to be administered by the Oklahoma Department of Transportation. The fund shall be a continuing fund, not subject to fiscal year l imitations, and shall Req. No. 50115 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 consist of any general revenues as may be dir ectly appropriated or otherwise provided by law. Any monies appropriated to the Rural Econo mic Transportation Reliability and Optimization Fund shall n ot result in a decrease in historic and traditional total state transportat ion funding levels or be used to supplant or replace existing state funds used for transportation purposes. In order to ensure that the funds from the Rural Economic Transportation Reliability and Optimization Fund are used to enhance and not supplant stat e funding for the Department o f Transportation, the State Board of Equalization shall examine and investigate the funding levels as described. At the meeting of the State Board of Equalization held within five (5) days after the monthly apportionment in February of each year, the Stat e Board of Equalization shall issue a finding and repor t which shall state whether expenditures from the Rural Economic Transportation Reliability and Optimization Fund were used to enhance or supplant state funding for the De partment of Transportation. I f the State Board of Equalization finds that state fund ing for the Department of Transportation was supplanted by funds from the Rural Economic Transportation Reliability and Optimization F und, the Board shall specify the amount by which such funding was s upplanted. In this event, the Legislature shall not ma ke any appropriations for the Req. No. 50115 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ensuing fiscal year until an appropriation in that amount is made to replenish state funding for the Dep artment of Transportation. All monies accruing to the credit of the Rural Economic Transportation Reliability and Optimiza tion Fund are hereby appropriated and shall be used to assist the Department in the equitable prioritization of construction, repair a nd maintenance of state highways in rural areas where robust econom ic development has resulted in traffic safety and circu lation difficulties attributed to significant and unanticipated increases in traffic volumes and as fully recorded and documented by t he Department. "Robust economic development", as used in this act, shall mean those conditions of the highways of this st ate in counties with a population of less than fifty thousand (50,000) seventy-five thousand (75,000) where traffic volumes have increased to become so impaired or hazardo us as to constitute a threat t o the safety of persons or property traveling over or upon such highways. When such traffic conditi ons as described may ar ise in rural areas, the Department of Transportation shall e ngage the Oklahoma Department of Commerce, t he Oklahoma Tax Commission or other agencies or entities of the state, as necessary, to confirm the relationship of traffic condi tions to robust economi c development. Once said relationship is confirmed and docu mented, the Department of Transportation may utilize any proceeds from the Rural Economic Transportation Reliability and Optimiza tion Fund in an amount not to Req. No. 50115 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 exceed fifty percent (50%) of the tot al project costs to incentivize and leverage the acceleratio n and prioritization of improvement projects existing in or to be incorpor ated into the Department's Eight-Year Construction Work Plan. SECTION 2. This act shall become effective November 1, 2023. 59-1EX-50115 JM 05/23/23