Text: SSB1103            Text: SSB1105


Senate Study Bill 1104

SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF TRANSPORTATION BILL) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to state department of transportation duties 2 concerning its budget, distribution of state institutional, 3 secondary, and farm=to=market road funds, vehicle weight 4 restrictions, all=terrain vehicle use, and airport transfers 5 to aviation authorities. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1252DP 81 8 eg/gg/14 PAG LIN 1 1 Section 1. Section 307.10, subsection 5, Code 2005, is 1 2 amended by striking the subsection. 1 3 Sec. 2. Section 307.22, Code 2005, is amended to read as 1 4 follows: 1 5 307.22 PLANNING AND RESEARCH. 1 6 The department's administrator of planning and research 1 7 shall: 1 8 1. Assist the director in planning all modes of 1 9 transportation in order to develop an integrated 1 10 transportation system providing adequate transportation 1 11 services for all citizens of the state. 1 12 2. Develop and maintain transportation statistical data 1 13 for the department. 1 14 3. Assist the director in establishing, analyzing and 1 15 evaluating alternative transportation policies for the state. 1 16 4. Coordinate planning and research duties and 1 17 responsibilities with the planning functions carried on by 1 18 other administrators of the department. 1 19 5. Conduct a study of the road and bridge facilities in 1 20 state parks, state institutions, state fairgrounds, and on 1 21 community college property. The study shall evaluate the 1 22 construction and maintenance needs and projected needs based 1 23 upon estimated growth for each type of facility to provide a 1 24 quadrennially updated standard upon which to allocate funds 1 25 appropriated for the purposes of this subsection. 1 26 5. a. Annually report by July 1 of each year, for both 1 27 secondary and farm=to=market systems, miles of earth, 1 28 granular, and paved surface roads; the daily vehicle miles of 1 29 travel; and lineal feet of bridge deck under the jurisdiction 1 30 of each county's secondary road department, as of the 1 31 preceding January 1, taking into account roads whose 1 32 jurisdiction has been transferred from the department to a 1 33 county or from a county to the department during the previous 1 34 year. The annual report shall include those roads transferred 1 35 to a county pursuant to section 306.8A. 2 1 b. Miles of secondary and farm=to=market roads shall not 2 2 include those miles of farm=to=market extensions within cities 2 3 under five hundred population that are placed under county 2 4 secondary road jurisdiction pursuant to section 306.4. 2 5 c. The annual report of updated road and bridge data of 2 6 both the secondary and farm=to=market roads shall be submitted 2 7 to the Iowa county engineers association service bureau. 2 8 6. Prepare, adopt, and cause to be published the results 2 9 of a study of secondary roads in the state. The study shall 2 10 be designed to investigate present deficiencies and future 2 11 twenty=year maintenance and construction needs of the roads. 2 12 The study shall be referred to as the "quadrennial need study" 2 13 for the purposes of this chapter, chapter 307A, and chapter 2 14 312. The department shall report the results of the study to 2 15 the general assembly by July 1, 2002, and the study results 2 16 shall take effect July 1, 2003. 2 17 7. Annually recalculate the construction and maintenance 2 18 needs of roads under the jurisdiction of each county to take 2 19 into account the needs of a road whose jurisdiction has been 2 20 transferred from the department to a county or from a county 2 21 to the department during the previous year. Prior to the 2 22 fiscal year beginning July 1, 2013, the annual recalculation 2 23 shall not include those roads transferred to a county pursuant 2 24 to section 306.8A. The recalculation shall be reported by 2 25 January 1 of the year following the transfer and shall take 2 26 effect the following July 1 for the purposes of allocating 2 27 moneys under sections 312.3 and 312.5. 2 28 8. 6. Perform such other planning functions as may be 2 29 assigned by the director. 2 30 The functions of planning and research do not include the 2 31 detailed design of highways or other modal transportation 2 32 facilities, but are restricted to the needs of this state for 2 33 multimodal transportation systems. 2 34 Sec. 3. Section 307A.2, subsection 11, Code 2005, is 2 35 amended to read as follows: 3 1 11. Construct, reconstruct, improve, and maintain state 3 2 institutional roads and state park roads, which are part of 3 3 the state park, state institution, and other state land road 3 4 system as defined in section 306.3, and bridges on such roads, 3 5 roads located on state fairgrounds as defined in chapter 173, 3 6 and the roads and bridges located on community college 3 7 property as defined in chapter 260C, upon the request of the 3 8 state board, department, or commission which has jurisdiction 3 9 over such roads. This shall be done in such manner as may be 3 10 agreed upon by the state transportation commission and the 3 11 state board, department, or commission which has jurisdiction. 3 12 The commission may contract with any county or municipality 3 13 for the construction, reconstruction, improvement, or 3 14 maintenance of such roads and bridges. Any state park road 3 15 which is an extension of either a primary or secondary highway 3 16 which both enters and exits from a state park at separate 3 17 points shall be constructed, reconstructed, improved, and 3 18 maintained as provided in section 306.4. Funds allocated from 3 19 the road use tax fund for the purposes of this subsection 3 20 shall be apportioned in the ratio that the needs of the state 3 21 institutional roads and bridges, park roads and bridges, or 3 22 community college roads and bridges bear to the total needs of 3 23 these facilities based upon the most recent quadrennial park 3 24 and institution need study. following manner and amounts: 3 25 a. For department of natural resources facility roads, 3 26 forty=five and one=half percent. 3 27 b. For department of human services facility roads, six 3 28 and one=half percent. 3 29 c. For department of corrections facility roads, five and 3 30 one=half percent. 3 31 d. For national guard facility roads, four percent. 3 32 e. For state board of regents facility roads, thirty 3 33 percent. 3 34 f. For state fair board facility roads, two percent. 3 35 g. For department of administrative services facility 4 1 roads, one=half percent. 4 2 h. For department of education facility roads, six 4 3 percent. 4 4 Sec. 4. Section 312.3, subsection 1, Code 2005, is amended 4 5 to read as follows: 4 6 1. Apportion among the counties in the ratio that the 4 7 needs of the secondary roads of each county bear to the total 4 8 needs of the secondary roads of the state for each fiscal year 4 9 based upon the total needs of secondary roads of the state as 4 10 shown in the latest quadrennial need study report developed by 4 11 the state department of transportation, and which is on record 4 12 at the department, seventy percent of the allocation from road 4 13 use tax funds which is credited to the secondary road fund of 4 14 the counties, and apportion among the counties in the ratio 4 15 that the area of each county bears to the total area of the 4 16 state, thirty percent of the allocation from road use tax 4 17 funds which is credited to the secondary road fund of the 4 18 counties. 4 19 For the purposes of this subsection, "latest quadrennial 4 20 need study report" includes the annual recalculation of 4 21 construction and maintenance needs of roads whose jurisdiction 4 22 has been transferred from the department to a county or from a 4 23 county to the department during the previous year as 4 24 recalculated pursuant to section 307.22, subsection 7. 4 25 1. For the fiscal year ending June 30, 2006, apportion 4 26 among the counties the road use tax funds credited to the 4 27 secondary road fund by using the allocation method contained 4 28 in section 312.3, subsection 1, Code 2005. For subsequent 4 29 fiscal years, apportion among the counties the road use tax 4 30 funds credited to the secondary road fund by using the 4 31 distribution methodology adopted pursuant to section 312.3C. 4 32 Sec. 5. Section 312.3B, Code 2005, is amended by adding 4 33 the following new unnumbered paragraph: 4 34 NEW UNNUMBERED PARAGRAPH. The Iowa county engineers 4 35 association service bureau shall annually compute the 5 1 secondary road fund and farm=to=market road distributions 5 2 using the methodology determined by the secondary road fund 5 3 distribution committee pursuant to section 312.3C. The Iowa 5 4 county engineers association service bureau shall report the 5 5 computations to the secondary road fund distribution 5 6 committee, the department, the treasurer of state, and the 5 7 counties. 5 8 Sec. 6. Section 312.3C, Code 2005, is amended to read as 5 9 follows: 5 10 312.3C SECONDARY ROAD FUND DISTRIBUTION ADVISORY 5 11 COMMITTEE. 5 12 A secondary road fund distribution advisory committee is 5 13 established to consider develop one or more alternative 5 14 methodologies for distribution of moneys in the secondary road 5 15 fund and farm=to=market road fund. The committee shall be 5 16 comprised of representatives appointed by the president of the 5 17 Iowa county engineers association, the president of the Iowa 5 18 county supervisors association, and the department. The 5 19 committee shall recommend to the general assembly, for the 5 20 general assembly's consideration and adoption, one or more 5 21 alternative methodologies for distribution of moneys in the 5 22 secondary road fund and the farm=to=market road fund. 5 23 The committee shall determine the methodology to be used 5 24 for distribution of moneys in the secondary road fund and the 5 25 farm=to=market road fund. The methodology shall be phased in 5 26 over a five=year time period, beginning July 1, 2006. 5 27 The committee shall adopt rules pursuant to chapter 17A to 5 28 govern the determination and modification of the methodology 5 29 to be used for distribution of moneys in the secondary road 5 30 fund and the farm=to=market road fund. 5 31 Sec. 7. Section 312.5, Code 2005, is amended to read as 5 32 follows: 5 33 312.5 DIVISION OF FARM=TO=MARKET ROAD FUNDS. 5 34 1. The road use tax funds credited to the farm=to=market 5 35 road fund and federal aid secondary road funds received by the 6 1 state by the treasurer of state are hereby divided as follows, 6 2 and are to be known respectively as: 6 3 a. Need allotment farm=to=market road funds, seventy 6 4 percent; and 6 5 b. Area allotment farm=to=market road funds, thirty 6 6 percent. 6 7 1. For the fiscal year ending June 30, 2006, the treasurer 6 8 of state shall apportion among the counties the road use tax 6 9 funds credited to the farm=to=market road fund by using the 6 10 allocation method contained in section 312.5, subsection 1, 6 11 Code 2005. For subsequent fiscal years, the treasurer of 6 12 state shall apportion among the counties the road use tax 6 13 funds credited to the farm=to=market road fund by using the 6 14 distribution methodology adopted pursuant to section 312.3C. 6 15 2. All farm=to=market road funds, except funds which under 6 16 section 310.20 come from any county's allotment of the road 6 17 use tax funds, shall be allotted apportioned among the 6 18 counties by the department as provided by this section. 6 19 3. Area allotment farm=to=market road funds shall be 6 20 allotted among all the counties of the state in the ratio that 6 21 the area of each county bears to the total area of the whole 6 22 state. 6 23 4. Need allotment farm=to=market road funds shall be 6 24 allotted among the counties in the ratio that the needs of the 6 25 farm=to=market roads in each county bear to the total needs of 6 26 the farm=to=market roads in the state for each fiscal year 6 27 based upon the total needs of the farm=to=market roads in the 6 28 state as shown in the latest quadrennial need study report 6 29 developed by the state department of transportation, and which 6 30 is on record at the department. 6 31 "Latest quadrennial need study report" includes the annual 6 32 recalculation of construction and maintenance needs of roads 6 33 whose jurisdiction has been transferred from the department to 6 34 a county or from a county to the department during the prior 6 35 year as recalculated pursuant to section 307.22, subsection 7. 7 1 Sec. 8. Section 321.463, subsection 5, paragraph a, 7 2 unnumbered paragraph 1, Code 2005, is amended to read as 7 3 follows: 7 4 The maximum gross weight allowed to be carried on a vehicle 7 5 or combination of vehicles on highways which are part of the 7 6 interstate primary system is as follows: 7 7 Sec. 9. Section 321.463, subsection 5, paragraph b, 7 8 unnumbered paragraph 1, Code 2005, is amended to read as 7 9 follows: 7 10 The maximum gross weight allowed to be carried on a vehicle 7 11 or combination of vehicles on noninterstate nonprimary 7 12 highways is as follows: 7 13 Sec. 10. Section 321.463, subsection 8, Code 2005, is 7 14 amended to read as follows: 7 15 8. A vehicle or combination of vehicles transporting 7 16 materials to or from a construction project or commercial 7 17 plant site may operate under the maximum gross weight table 7 18 for interstate primary highways in subsection 5, paragraph 7 19 "a", if the route is approved by the department or appropriate 7 20 local authority. Route approval is not required if the 7 21 vehicle or combination of vehicles transporting materials to 7 22 or from a construction project or commercial plant site 7 23 complies with the maximum gross weight table for noninterstate 7 24 highways in subsection 5, paragraph "c". 7 25 Sec. 11. Section 321I.2, unnumbered paragraph 2, Code 7 26 2005, is amended by striking the unnumbered paragraph. 7 27 Sec. 12. Section 321I.10, Code 2005, is amended by adding 7 28 the following new subsection: 7 29 NEW SUBSECTION. 5. The department of transportation may 7 30 issue a permit to a state agency, a county, or a city to allow 7 31 an all=terrain vehicle trail to cross a primary highway. The 7 32 trail crossing shall be part of an all=terrain vehicle trail 7 33 designated by the state agency, county, or city. A permit 7 34 shall be issued only if the crossing can be accomplished in a 7 35 safe manner and allows for adequate sight distance for both 8 1 motorists and all=terrain vehicle operators. The department 8 2 may adopt rules to administer this subsection. 8 3 Sec. 13. NEW SECTION. 330.23A TRANSFER TO AVIATION 8 4 AUTHORITY. 8 5 Pursuant to an agreement between the political 8 6 subdivisions, an airport commission or joint airport 8 7 commission may be abolished for the purpose of transferring 8 8 management and control of the airport to an aviation authority 8 9 established in accordance with chapter 330A. 8 10 Sec. 14. CODE EDITOR DIRECTIVE. The Code editor shall 8 11 correct the titles of the charts in section 321.463, 8 12 subsection 5, paragraphs "a" and "b", to conform with the 8 13 amendments to those provisions of section 321.463 as contained 8 14 in this Act. 8 15 EXPLANATION 8 16 This bill makes changes to various transportation=related 8 17 provisions of the Code as follows: 8 18 Code section 307.10 is amended to strike the requirement 8 19 that the state transportation commission approve the state 8 20 department of transportation's budget before it is submitted 8 21 to the governor and the general assembly. 8 22 Code sections 307.22 and 307A.2 are amended to strike the 8 23 requirement that the state department of transportation 8 24 conduct a quadrennial need study of state park and institution 8 25 roads. Code section 307A.2 is amended to provide that road 8 26 use tax funds allocated pursuant to Code section 312.2, 8 27 subsection 5, for the purpose of state institutional and park 8 28 roads be apportioned based on specific percentages, e.g., the 8 29 department of natural resources facility roads, 45.5 percent. 8 30 Code sections 312.3, 312.3B, 312.3C, and 312.5 are amended 8 31 to provide a new methodology for distribution to the counties 8 32 of moneys in the secondary road fund and the farm=to=market 8 33 road fund. 8 34 Code sections 312.3 and 312.5 are amended to strike the 8 35 need and area allotments, including the quadrennial need study 9 1 report, used to apportion among the counties the road use tax 9 2 funds credited to the secondary road fund and the farm=to= 9 3 market road fund, respectively. These sections are amended to 9 4 apportion the funds according to the new distribution 9 5 methodology adopted pursuant to Code section 312.3C. 9 6 Code section 312.3C is amended to strike the general 9 7 assembly as the entity designated to consider and adopt a 9 8 method for distribution of moneys in the secondary road fund 9 9 and farm=to=market road fund. Instead, the secondary road 9 10 fund distribution committee, no longer an advisory committee, 9 11 will develop the methodology for distribution of such moneys, 9 12 and is granted rulemaking authority to formally adopt the 9 13 methodology. The application of the new distribution 9 14 methodology is to be phased in over five years, beginning July 9 15 1, 2006. 9 16 Using the new methodology, the Iowa county engineers 9 17 association service bureau computes the distribution. Code 9 18 section 312.3B is amended to direct the Iowa county engineers 9 19 association service bureau to annually compute and report the 9 20 county distributions to the secondary road fund distribution 9 21 committee, the department, the treasurer of state, and the 9 22 counties. 9 23 Code section 321.463 is amended to change the application 9 24 of the vehicle weight tables. The maximum weight table for 9 25 interstate highways is applied to all primary highways. The 9 26 maximum weight table for noninterstate highways applies to all 9 27 nonprimary highways. The bill includes a Code editor 9 28 directive to conform the weight table headings. 9 29 Code section 321I.2 is amended to strike a duplicative 9 30 provision, contained in Code section 321I.10, that cities may 9 31 designate streets for driving all=terrain vehicles. The 9 32 amendment also strikes a provision authorizing the state 9 33 department of transportation to make rules governing the use 9 34 of all=terrain vehicles on streets and highways. 9 35 Code section 321I.10 is amended to allow the state 10 1 department of transportation to issue permits to state 10 2 agencies, counties, or cities for all=terrain vehicles to 10 3 cross primary highways. The department may adopt rules to 10 4 implement such permitting. 10 5 Code section 330.23A is created to allow a joint airport 10 6 commission or airport commission to transfer its airport 10 7 operations to an aviation authority established under Code 10 8 chapter 330A. 10 9 LSB 1252DP 81 10 10 eg:rj/gg/14.1
Text: SSB1103            Text: SSB1105