reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7281 - Economic strength projects

28-7281.
Economic strength projects
The following highway projects are economic strength projects pursuant to this article:
1. A project that will retain a significant number of jobs in this state or within a local authority.
2. A project that will significantly increase the number of jobs in this state or within a local authority.
3. A project that will lead to significant capital investment in this state or within a local authority.
4. A project that will make a significant contribution to the economy of this state or within a local authority.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7282 - Economic strength project fund

28-7282.
Economic strength project fund
A. An economic strength project fund is established consisting of the monies allocated for projects listed by the Arizona commerce authority pursuant to section 41-1505,  subsection E.
B. Monies in the economic strength project fund shall be used to fund projects that are recommended by the Arizona commerce authority and that are approved by the transportation board.
C. Monies remaining in the economic strength project fund at the end of a fiscal year do not revert to the state general fund.
D. On notice from the board,  the state treasurer shall invest and divest monies in the economic strength project fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7286 - Board authority; construction standards; priority list date

28-7286.
Board authority;  construction standards;  priority list date
A. The board has final authority to approve an economic strength project recommended by the Arizona commerce authority. The board shall fund an approved economic strength project from the economic strength project fund.
B. Before approving an economic strength project,  the board shall ensure that the project is compatible with other transportation facilities and conforms to applicable construction and engineering standards of the department of transportation or the appropriate local authority.
C. With the advice of the Arizona commerce authority,  the board may set an official date each year on which the economic strength priority list is due to the board. The Arizona commerce authority may provide an updated priority list to the board at any time.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7311 - Urban and rural logo sign programs; rules; definitions

28-7311.
Urban and rural logo sign programs;  rules;  definitions
A. The department may establish an urban and a rural logo sign program. Notwithstanding sections 28-648,  28-7048 and 28-7053,  as part of the program the department may contract with a third party to install and maintain specific services information signs,  known as logo signs,  on any class of state highway or interstate highway system in this state. If the department contracts with a third party,  the third party shall agree in the contract to:
1. Furnish,  install,  maintain and replace signs for the benefit of business advertisers who provide gas,  food,  lodging,  twenty-four hour pharmacy service,  attraction and camping facilities for the general public.
2. Lease advertising space on the signs to operators of the facilities prescribed in paragraph 1 of this subsection.
B. Notwithstanding sections 28-648,  28-7048 and 28-7053,  as part of the rural logo sign program the department may contract with a third party to install and maintain specific services information signs,  known as logo signs,  on any class of state highway or interstate highway system,  located outside of an urbanized area with a population of one hundred thousand or more persons of this state. If the department contracts with a third party,  the third party shall agree in the contract to:
1. Furnish,  install,  maintain and replace signs for the benefit of business advertisers that provide gas,  food,  lodging,  twenty-four hour pharmacy service,  attraction and camping facilities for the general public.
2. Lease advertising space on the signs to operators of the facilities prescribed in paragraph 1 of this subsection.
C. The department shall adopt rules to implement and operate the logo sign programs. Costs incurred under the programs established by this section shall be paid under agreements negotiated between the department or third party and the business advertisers.
D. The department may enter into a revenue sharing agreement with the third party. The department shall deposit,  pursuant to sections 35-146 and 35-147,  revenues generated,  less program operating costs,  in the state highway fund established by section 28-6991.
E. For the purposes of this section:
1. " Population"  means the population determined in the most recent United States decennial census or in the most recent special census as provided in section 28-6532.
2. " Urbanized area"  means an urbanized area as defined in the decennial census by the United States bureau of the census.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7312 - Tourism encouragement; Arizona highways magazine

28-7312.
Tourism encouragement;  Arizona highways magazine
A. The director may spend monies from the state highway fund in the amount prescribed by law to encourage tourist travel to and through this state by giving publicity to points and places of historic interest,  climatic and recreational advantages,  the possibilities of successful pursuits and industrial enterprises and other information that in the opinion of the director tends to attract visitors to this state.
B. The publicity shall be given through the medium of the magazine " Arizona Highways"  and the publication of maps,  pamphlets and other descriptive material designed to carry out the purposes of this article.
C. The director shall determine the price for:
1. Annual subscriptions,  single copies and the discount allowed dealers of " Arizona Highways" .
2. Other material published and offered for sale by the magazine.
D. The director may distribute the magazine free of charge to libraries,  schools,  chambers of commerce,  hotels,  tourist agencies,  visitors,  prospective visitors,  other persons,  agencies and business,  industry or convention organizations in quantities the director deems beneficial in carrying out the purposes of this article. The number of free copies of the magazine each month shall not exceed ten per cent of the total number of paid subscriptions.
E. The director may license the name of the magazine " Arizona highways"  to a private entity for commercial purposes.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7313 - Publication section; publisher

28-7313.
Publication section;  publisher
A. The department shall maintain a section for the publication of the magazine,  maps,  pamphlets and other descriptive material provided by section 28-7312.
B. The director shall appoint a publisher as head of the section.
C. Compensation for the publisher is as established pursuant to section 38-611.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7314 - Publisher powers and duties; award of contract

28-7314.
Publisher powers and duties;  award of contract
A. The publisher may:
1. Subject to approval of the director,  direct the organization of the section of publications and employ or enter into contracts for distribution and wholesale sale of the magazine.
2. Make quarterly reports to the director of expenditures by the section and the work accomplished under the publisher's direction and include other matters as the director deems proper or requires.
3. Make expenditures to advertise and promote the sale and distribution of the publications authorized by this article.
4. Approve claims for expenditures in connection with the publication of the magazine and for expenditures in connection with the publication.
5. Subject to the approval of the director,  contract for the publication,  production,  sale and distribution of sole source creative products. For the purposes of this paragraph,  " sole source creative products"  means items that in the professional judgment of the publisher are available from a single source,  such as material protected by copyright,  specific photographs and original artwork,  for the magazine or maps,  pamphlets and other descriptive material.
6. Accept donations to the Arizona highways magazine to promote tourism in this state as prescribed in section 28-7312.
B. The director may award a contract to the bidder that has the facilities and equipment to perform all phases of production in a workmanlike and timely manner with the quality and workmanship desired in the publication. A contract period for printing and publishing shall not exceed five years.
C. The publisher may refund all canceled purchases and subscriptions on claims signed by the publisher.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7315 - Arizona highways magazine fund

28-7315.
Arizona highways magazine fund
A. An Arizona highways magazine fund is established.
B. The fund consists of monies:
1. Appropriated by the legislature from the state highway fund of not more than $500, 000 annually.
2. Received from the sales of subscriptions,  single copies,  maps,  pamphlets and other descriptive material.
3. Deposited pursuant to section 28-2429.
4. Donated to the Arizona highways magazine to promote tourism in this state as prescribed in section 28-7312.
C. The monies appropriated to the fund shall be spent in conformity with the laws governing state financial operations,  except that:
1. Balances remaining at the end of the fiscal year do not revert to the general or state highway fund.
2. Expenditures are exempt from section 35-173.
D. The state treasurer shall invest and divest monies in the Arizona highways magazine fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7316 - Assets and facilities advertising and sponsorship program; definitions

28-7316.
Assets and facilities advertising and sponsorship program;  definitions
A. In addition to the urban and rural logo sign programs established pursuant to section 28-7311,  the department may establish a program to lease or sell advertising on nonhighway assets of the department and to allow monetary sponsorship of facilities and other assets of the department. The advertising and sponsorship program established pursuant to this section shall be limited to motor vehicle and motorist-related goods and services. The department may adopt rules to implement and administer this section. The department may:
1. Operate,  modify or terminate any advertising and sponsorship program.
2. Generate revenue from any advertising and sponsorship program.
3. Contract with a third party to perform any or all aspects of the advertising and sponsorship program authorized pursuant to this section.
B. The department or a third party may negotiate and execute leases for variable terms,  set lease rates,  establish lease terms and prescribe forms for leases.
C. If the department contracts with a third party,  the third party shall agree in the contract to:
1. The contractor's duties,  including:
(a) Furnishing,  installing,  maintaining and replacing the advertising and sponsorship space or media on the authorized assets and facilities of the department.
(b) Promoting and negotiating the leasing of advertising and sponsorship space or media on the authorized assets and facilities of the department.
2. Compensation.
D. Costs incurred under the program established pursuant to this section shall be paid under agreements negotiated between the department or the third party and the advertisers or sponsors.
E. The department may enter into a revenue sharing agreement with the third party. The department shall deposit,  pursuant to sections 35-146 and 35-147,  revenues generated from the advertising and sponsorship program,  minus program operating costs,  in the state highway fund established by section 28-6991.
F. For the purposes of this section:
1. " Advertising"  means signage or electronic media on department assets that display or promote commercial brands,  products or services through a logo,  message or slogan or other information.
2. " Assets"  means buildings,  transportation infrastructure,  vehicles,  signage,  equipment,  internet or other electronic media or other facilities or items of value that are owned,  maintained or managed by the department.
3. " Facility"  means a building,  room,  center or space or another location in or on an asset that is owned,  leased or controlled by the department and that the department deems suitable for sponsorship.
4. " Sponsorship"  means the act of sponsoring an element of the department's operation of an asset through highway-related services,  products or monetary contributions.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7341 - Agreements between department and federal agencies

28-7341.
Agreements between department and federal agencies
The director may enter into cooperative agreements with the secretary or any authorized officer of the departments constituting the defense establishment of the United States,  the federal highway administrator or any other authorized officer or agency of the United States for construction,  acquisition,  maintenance or improvement of roads and other projects.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7342 - Cooperative agreement provisions

28-7342.
Cooperative agreement provisions
A cooperative agreement entered into under this article:
1. Shall provide that all monies advanced by this state in pursuance of the project shall be promptly reimbursed by the United States agency entering into the agreement to the extent of the agency's participation in the cost of the project.
2. If the agreed participation of the United States agency is one hundred per cent of the cost or under other conditions as the director determines,  may contain a provision that all of the agency's participation cost shall be deposited,  pursuant to sections 35-146 and 35-147,  in advance in a special trust account.
3. If feasible,  shall enumerate as closely as possible all items of costs and expenditures for which the United States agency is obligated to reimburse the department.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7343 - Authority of director relating to monies

28-7343.
Authority of director relating to monies
A. If the director determines it necessary for the expeditious completion of a cooperative agreement undertaken pursuant to this article,  the director may pay from the state highway fund or from any account within the state highway fund all costs of construction,  including the acquisition of lands or property necessary to the project,  engineering costs,  operational expense,  equipment rentals and other costs that have prior approval of the United States department or agency with which the cooperative agreement is made.
B. The department may cause to be set up proper budget items within or outside the state highway fund or special accounts within the fund and may make and certify transfers of monies among or between these accounts and the special trust account referred to in section 28-7342 or any other trust account established by the United States or by the department for carrying out cooperative agreements as provided by this article.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7344 - Reimbursement by federal agency

28-7344.
Reimbursement by federal agency
The United States agency with which a cooperative agreement is entered into shall promptly reimburse the state highway fund or an account within the fund for all expenditures made by the department under the agreement chargeable to the agency at reasonably regular intervals as the work progresses.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7362 - Emergency construction

28-7362.
Emergency construction
A. Notwithstanding any other law,  if the director determines that an emergency exists,  the director may award a contract for the reconstruction of transportation facilities necessary to preserve the health,  welfare or safety of persons or property.
B. The director shall award a contract pursuant to this section with such competition as is practicable under the circumstances.
C. An award under this section shall be limited to the reconstruction necessary to satisfy the emergency need.
D. The director shall include the following in the contract file and in the director's office:
1. A written report describing the basis for the determination that an emergency existed.
2. The process by which the contractor was selected.
E. As soon as practicable,  the director shall make a written report to the governor and to the board describing any awards made pursuant to this section. The report shall include:
1. The written report of the basis for the director's determination that an emergency existed.
2. A description of the reconstruction work needed,  the process of selection of the contractor and the progress of the work under the emergency award.
F. At the conclusion of the work,  the director shall make a final report to the board and the governor describing the project and the performance of the work.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7363 - Design-build method of project delivery

28-7363.
Design-build method of project delivery
A. Notwithstanding any other law,  the department may use the design-build method of project delivery on a project if the department makes a determination in writing that it is appropriate and in the best interests of the department to use the design-build method of project delivery for that project,  except that:
1. The department shall not enter into a contract to operate any structure,  facility or other item pursuant to this article.
2. Each design-build project shall be a specific single project.
3. The department shall not commence any design-build project after December 31,  2025. For the purposes of this paragraph,  a project is commenced on the date the department solicits the contract for the project. If the department solicits a design-build contract on or before December 31,  2025,  the contract may be executed and services and construction under the contract may be rendered in whole or in part after December 31,  2025.
B. The estimated cost of the project shall not include the cost to procure any right-of-way or other cost of condemnation. The cost to procure any right-of-way or other cost of condemnation remains at all times the responsibility of the department. The department shall obtain all necessary rights-of-way.
C. The department is responsible for preparation and acquisition of all environmental documents,  including the scope of any remediation and required clearances.
D. If construction of a design-build project involves railroad facilities,  the railroad shall approve the use of the design-build delivery method before the department awards the design-build contract.
E. To ensure fair,  uniform,  clear and effective procedures that will deliver a quality project on time and within budget,  the director,  in conjunction with the appropriate and affected professionals and contractors,  may adopt procedures for procuring a project using the design-build method of project delivery.
F. The provisions of sections 28-6923 and 28-6924 relating to bid,  performance and payment bonds and to change orders,  progress payments,  contract retentions,  definitions and authority to award contracts apply to department design-build projects for transportation facilities pursuant to this article.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7364 - Design-build criteria

28-7364.
Design-build criteria
The department shall use the following criteria as the minimum basis for determining when to use the design-build method of project delivery:
1. The extent to which it can adequately define the project requirements.
2. The time constraints for delivery of the project.
3. The capability and experience of potential teams with the design-build method of project delivery.
4. The suitability of the project for use of the design-build method of project delivery in the areas of time,  schedule,  costs and quality.
5. The capability of the department to manage the project,  including the employment of experienced personnel or outside consultants.
6. The capability of the department to oversee the project with persons who are familiar with the design-build method of project delivery.
7. Other criteria the department deems relevant.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7368 - Multiterm contracts for job-order-contracting construction services

28-7368.
Multiterm contracts for job-order-contracting construction services
A. A contract for construction services using the job-order-contracting method may be entered into for a period of up to five years,  as deemed to be in the best interest of the department,  if the term of the contract and conditions of renewal or extension,  if any,  are included in the solicitation and monies are available for the first fiscal year at the time of contracting. Payment and performance obligations for succeeding fiscal years are subject to the availability and appropriation of monies.
B. Before the use of a multiterm contract,  the department shall determine in writing that:
1. Estimated requirements cover the period of the contract and are reasonable and continuing.
2. The contract serves the best interests of the department by encouraging effective competition or otherwise promoting economies in the department's procurement.
C. If monies are not appropriated or otherwise made available to support the continuation of performance in a subsequent fiscal year,  the contract shall be canceled and the contractor may only be reimbursed for the reasonable value of any nonrecurring costs that are incurred but not amortized in the price of the construction services delivered under the contract or that are otherwise not recoverable. The cost of cancellation may be paid from any appropriations available for these purposes. Contractors are not entitled to compensation for a decision to not renew or extend a contract.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7369 - Insurance requirements in procurements

28-7369.
Insurance requirements in procurements
If contractor insurance is required for services procured pursuant to this article,  the insurance shall be placed with an insurer authorized to transact insurance in this state pursuant to title 20,  chapter 2,  article 1 or a surplus lines insurer approved and identified by the director of the department of insurance and financial institutions pursuant to title 20,  chapter 2,  article 5.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7381 - Definitions

28-7381.
Definitions
In this article,  unless the context otherwise requires:
1. " Broadband service" :
(a) Means providing access and transport to the internet,  computer processing,  information storage or protocol conversion in either the upstream or downstream direction,  as established by the federal communications commission.
(b) Does not include information content or service applications provided over the access service or any intrastate service that was subject to a tariff as of January 1,  2012.
2. " Longitudinal access"  means access to or use of any part of a right-of-way of a highway that extends generally parallel to the right-of-way for a total of thirty or more linear meters.
3. " Provider" :
(a) Means an entity that provides for the sale or resale of wholesale or retail broadband services in this state and that is recognized as an eligible telecommunications carrier by the Arizona corporation commission or that meets federal communications commission and industry carrier class service guidelines or is a political subdivision that has statutory authority to provide communications services.
(b) Includes a video service provider as defined by section 11-1901.
4. " Telecommunication facility"  means any cable,  line,  fiber,  wire,  conduit,  innerduct,  access manhole,  handhole,  tower,  hut,  pedestal,  pole,  box,  transmitting equipment,  receiving equipment or power equipment or any other equipment,  system or device that is used to transmit,  receive,  produce or distribute by wireless,  wireline,  electronic or optical signal for communication purposes.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7384 - Longitudinal telecommunication access in the highway system; agreements; restrictions; rulemaking

28-7384.
Longitudinal telecommunication access in the highway system;  agreements;  restrictions;  rulemaking
A. Except as provided in subsection E of this section,  the department may allow a provider longitudinal access to the right-of-way of a highway for the installation,  operation and maintenance of a telecommunication facility.
B. The department shall enter into an agreement with a provider and issue a permit before granting the provider any longitudinal access under this section.
C. Except as specifically provided by the agreement,  a property interest in a right-of-way may not be granted under this section.
D. An agreement entered into by the department under this section shall:
1. Specify the terms and conditions for renegotiating the agreement.
2. Specify maintenance responsibilities for each telecommunication facility.
3. Be nonexclusive.
4. Be limited to a maximum term of thirty years.
E. The department may not grant any longitudinal access under this section that results in a significant compromise of the safe,  efficient and convenient use of the highway for the traveling public.
F. The director shall adopt rules that:
1. Govern the installation,  operation and maintenance of a telecommunication facility granted longitudinal access under this section.
2. Specify the procedures for establishing an agreement for longitudinal access for a provider.
3. Provide for the relocation or removal of a telecommunication facility for any of the following:
(a) Needed changes to a highway.
(b) Expiration of an agreement.
(c) Breach of an agreement.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7385 - Longitudinal telecommunication access to highway system right-of-way; compensation

28-7385.
Longitudinal telecommunication access to highway system right-of-way;  compensation
A. The department shall require compensation from a provider for longitudinal access to the right-of-way of a state highway. The compensation shall be all of the following:
1. Fair and reasonable.
2. Competitively neutral.
3. Nondiscriminatory.
4. Open to public inspection.
5. Established to promote access by multiple providers.
6. Established for zones of this state.
7. Established to encourage the deployment of digital infrastructure within this state.
8. A lump sum payment or annual installment,  at the option of the provider.
9. Set pursuant to subsection I of this section.
B. The compensation may be cash,  in-kind compensation or a combination of cash and in-kind compensation.
C. In-kind compensation requires the agreement of both the provider and the department.
D. The department shall determine the present value of any in-kind compensation based on the incremental cost to the provider.
E. The value of in-kind compensation or a combination of cash and in-kind compensation shall be equal to or greater than the amount of cash compensation that would be charged if the compensation is cash only.
F. The department shall provide for the proportionate sharing of costs among the department and providers for joint trenching or trench sharing based on the amount of conduit innerduct space that is authorized in the agreement for the trench.
G. If two or more providers are required to share a single trench,  each provider in the trench shall share the cost and benefits of the trench pursuant to subsection F of this section on a fair,  reasonable,  competitively neutral and nondiscriminatory basis.
H. The department,  by rule,  shall establish a schedule of rates of compensation for any longitudinal access granted under this section.
I. The department may not pay any cost of relocation of a private telecommunication facility granted longitudinal access to the right-of-way of a highway on the interstate system under this section.
J. The department shall deposit,  pursuant to sections 35-146 and 35-147,  monies collected pursuant to this section in the smart highway corridor trust fund established by section 28-7387.
K. Any telecommunications capacity acquired as in-kind compensation shall be used exclusively for the further development of telecommunications that serve state agencies and enhance connectivity for higher and public education and may not be sold or leased in competition with telecommunication or internet service providers.
L. A person may not use compensation paid to the department pursuant to this section as evidence of the market or other value of the access for any other purpose,  including condemnation proceedings,  other litigation,  the application of rates of taxation or the establishment of franchise fees relating to longitudinal access rights.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7386 - Use and access to state-owned conduit; compensation

28-7386.
Use and access to state-owned conduit;  compensation
A. The department may offer a provider use of and access to its spare conduit and related facilities if the department does all of the following:
1. Determines the spare conduit and related facilities are not needed for highway purposes.
2. Receives fair compensation for the use of and access to the spare conduit and related facilities.
3. Offers such use and access in a competitively neutral and nondiscriminatory manner as to all similarly situated providers.
B. The department shall establish rates of compensation for the use of and access to its spare conduit to ensure that the department receives fair compensation for the value of its underground installations of conduit and related facilities. The compensation must be fair and reasonable and charged in a competitively neutral and nondiscriminatory manner to all similarly situated providers.
C. Any compensation pursuant to this section must be set forth in an agreement entered into between the department and the provider.
D. The department shall determine the annual compensation to be paid by each provider for the use of its conduit and related facilities based on the present value of the estimated,  reasonable cost to the department of trenching to place conduit,  fiber and other related facilities.
E. The department may accept in-kind compensation for the use of and access to its spare conduit and related facilities in accordance with the valuation procedures prescribed in section 28-7385.
F. The department shall deposit,  pursuant to sections 35-146 and 35-147,  monies collected pursuant to this section in the smart highway corridor trust fund established by section 28-7387.
G. This section does not require the department to receive compensation from any budget unit of this state for use of and access to conduit and related facilities.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7387 - Smart highway corridor trust fund; purpose

28-7387.
Smart highway corridor trust fund;  purpose
A. The smart highway corridor trust fund is established consisting of the following:
1. Legislative appropriations.
2. Monies received from the sales or leases of rights-of-way,  telecommunication facilities and telecommunication services pursuant to sections 28-7385 and 28-7386.
3. Monies received from providers to reimburse costs for compensation claims pursuant to section 28-7382.
B. Monies in the smart highway corridor trust fund shall be used for the following:
1. The maintenance,  operation and expansion of telecommunication facilities and telecommunication services within rights-of-way that are managed by the department.
2. The payment of compensation pursuant to section 28-7382.
C. The department shall administer the fund. Monies in the fund are continuously appropriated. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
D. On notice from the department,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7501 - Definitions

28-7501.
Definitions
In this article,  unless the context otherwise requires:
1. " Any highway purpose"  includes any one or more of the following purposes:
(a) Payment of highway obligations.
(b) The cost of and cost allocated to construction,  reconstruction,  maintenance and repair of public highways and bridges,  county,  city and town roads and streets.
(c) The acquisition of real property for future highway needs.
(d) The cost of constructing landscape buffers,  noise barriers,  pedestrian bypasses,  multi-use paths and other environmental impact mitigation measures to mitigate the adverse impact of freeways on local neighborhoods.
2. " Bond related expenses"  means:
(a) Printing,  publication or advertising expenses with respect to the sale and issuance of bonds.
(b) Fees,  expenses and costs of registrars.
(c) Fees,  expenses and costs of attorneys,  accountants,  feasibility consultants,  computer programmers or other experts employed to aid in the sale and issuance of the bonds.
(d) Other costs,  fees and expenses incurred or reasonably related to the issuance and sale of the bonds.
3. " Bond related obligation"  means an agreement or contractual relationship between the board and a bank,  trust company,  insurance company,  surety bonding company,  pension fund or other financial institution providing increased credit on or security for the bonds or liquidity for secondary market transactions.
4. " Bonds"  means bonds of the board issued pursuant to this article.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7502 - Bond authority

28-7502.
Bond authority
A. Subject to this article,  the board may:
1. Issue its negotiable bonds in a principal amount that in the opinion of the board is necessary to provide sufficient monies for any highway purpose,  to establish reserves to secure the bonds and to provide for the payment of all other expenditures of the board incidental to and necessary and convenient to carry out these purposes.
2. Issue refunding bonds if the board deems refunding expedient.
3. Refund any bonds issued by the board or by its predecessor in interest,  the Arizona state highway commission,  if these bonds are secured from the same source of revenues as the bonds authorized in this article,  by the issuance of new bonds,  whether or not the bonds to be refunded have matured.
4. Issue bonds partly to refund bonds then outstanding and partly for any highway purpose consistent with this article or as the legislature may authorize.
5. Provide for the registration as to the principal or both principal and interest of the bonds.
B. Regardless of whether or not the bonds are of such form or character as to be negotiable instruments under the terms of the negotiable instruments law,  the bonds are fully negotiable within the meaning of and for all purposes of the negotiable instruments law.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7503 - Bond requirements

28-7503.
Bond requirements
The bonds shall:
1. Be authorized by resolution of the board.
2. Bear such date or dates and mature at such time or times,  not exceeding thirty years from their respective dates,  as the resolution or resolutions may provide.
3. Bear interest at such rate or rates,  including rates that may vary from time to time pursuant to parameters set by the board in the authorizing resolution.
4. Be in the denominations,  be in the form,  either coupon or registered,  be executed in the manner,  be payable in the medium of payment at such place and be subject to the terms of redemption,  at the option of either the board or the owner of the bond,  as the resolution or resolutions provide.
5. Be sold at public or private sale above,  at or below par and on the terms the board determines,  except that bonds to fund or refund other bonds may be exchanged with the holders of bonds being funded or refunded on terms the board determines.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7504 - Bond payment; security

28-7504.
Bond payment;  security
A. In connection with the issuance of the bonds authorized by this article or to secure the payment of the bonds and interest on the bonds,  the board by resolution may:
1. Provide that bonds issued under this article may be secured by a first lien,  subject to section 28-7509,  on all or any part of the monies paid into the state highway fund from the sources specifically collected as prescribed in article IX,  section 14,  Constitution of Arizona,  and the monies distributed pursuant to section 28-5808.
2. Pledge and assign to or in trust with a trustee appointed by the board for the benefit of the holder or the holders of the bonds any part of the state highway fund revenues collected as prescribed in article IX,  section 14,  Constitution of Arizona,  and the monies distributed pursuant to section 28-5808,  as will be necessary to pay the principal of and interest on the bonds as the principal and interest become due.
3. Set aside,  regulate and dispose of reserves and sinking funds.
4. Provide that sufficient amounts of the proceeds from the sale of the bonds may be used to fully or partly fund all reserves or sinking funds set up by the bond resolution.
5. Prescribe the procedure,  if any,  by which the terms of a contract with bondholders may be amended or abrogated,  the amount of bonds the holders of which must consent to and the manner in which the consent may be given.
6. Provide for payment from the proceeds of the sale of the bonds of all fees,  charges and bond related expenses or obligations incurred by the board in the issuance,  sale,  delivery and payment of the bonds.
7. Do any other matters,  of like or different character,  that may in any way affect the security and protection of the bonds.
B. A pledge made pursuant to this article is valid and binding from the time when the pledge is made.
C. The monies pledged pursuant to this article and deposited in the state highway fund are immediately subject to the lien of the pledge without any future physical delivery or further act,  and any lien of any pledge is valid or binding against all parties having claims of any kind in tort,  contract or otherwise against the board regardless of whether the parties have notice of the lien or pledge. When placed in the records of the board,  the official resolution or trust indenture or any instrument by which this pledge is created is notice to all concerned of the creation of the pledge,  and these instruments are not required to be recorded in any other place.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7505 - Liability; bond validity

28-7505.
Liability;  bond validity
A. The members of the board or a person executing the bonds is not personally liable for the payment of the bonds.
B. The bonds are valid and binding obligations of the department notwithstanding the fact that before the delivery of the bonds any of the officers whose signatures appear on the bonds cease to be officers of the department.
C. From and after the sale and delivery of the bonds,  the bonds are incontestable by the board or department.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7506 - Bond purchase; cancellation

28-7506.
Bond purchase;  cancellation
The board may purchase bonds out of any monies available for the purchase,  and these bonds shall then be canceled,  at a price of not more than either of the following:
1. If the bonds are then redeemable,  the redemption price then applicable plus accrued interest to the next interest payment date on the bonds.
2. If the bonds are not then redeemable,  the redemption price applicable on the first date after the purchase on which the bonds become subject to redemption plus accrued interest to that date.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7507 - Notice; bond issuance

28-7507.
Notice;  bond issuance
A. The board shall publish a notice of its intention to issue bonds under this article for at least five consecutive days in a newspaper published in this state. The last day of publication shall be at least ten days before the issuance of the bonds.
B. The notice shall state the amount of the bonds to be sold and the intended date of issuance.
C. A copy of the notice shall be hand delivered or sent by certified mail with return receipt to the director of the department of administration on or before the last day of publication.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7508 - Financial interest prohibited; violation; classification

28-7508.
Financial interest prohibited;  violation;  classification
A. A member of the board or employee of the department shall not have a direct or indirect financial interest in any real property for future highway needs that is purchased from monies made available by the issuance of bonds.
B. A person who violates this section is guilty of a class 2 misdemeanor.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7509 - Highway bond proceeds fund; investment

28-7509.
Highway bond proceeds fund;  investment
A. The highway bond proceeds fund is established. After deducting the necessary fees,  charges and expenses incurred in the issuance and sale of the bonds and any amounts necessary to provide for the payment of refunded bonds,  the department shall promptly deposit,  pursuant to sections 35-146 and 35-147,  the proceeds received from the sale and delivery of the bonds for all purposes in the highway bond proceeds fund. The state treasurer shall maintain the fund separate and apart from all other funds,  except that the treasurer shall first apply those amounts of the bond proceeds provided in the resolution issuing the bonds to all reserve and sinking funds created in the bond resolution. The department may spend monies in the highway bond proceeds fund for any lawful purpose not inconsistent with the resolution or resolutions authorizing the bonds.
B. The board may order the investment of monies in the highway bond proceeds fund by the state treasurer in any of the following:
1. Obligations issued or guaranteed by the United States or any of the senior debt of its agencies,  sponsored agencies,  corporations,  sponsored corporations or instrumentalities and any investments authorized by any other agencies of the United States government that are now authorized for use to secure public deposits.
2. State,  county or municipal bonds issued in this state on which the payments of interest have not been deferred.
C. The order directing the state treasurer to invest the monies shall set forth the specified time when the proceeds from the sale of the bonds shall be used for the purposes directed in the bond resolution,  and the state treasurer shall invest the proceeds from the sale of the bonds in the securities prescribed in subsection B of this section in such a way as to mature at the specified date.
D. The board shall use the monies or securities in the highway bond proceeds fund solely for the purposes provided in the bond resolution,  except that,  if the revenues pledged to secure the bonds ever are insufficient to pay the annual principal and interest on the bonds,  the board shall order:
1. The liquidation of the securities remaining in the fund.
2. The state treasurer to apply all such monies in the fund as necessary to make current all payments then due on the bonds.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7510 - Parity bonds

28-7510.
Parity bonds
A. The board may issue parity bonds only when all of the payments due on the principal and interest on the outstanding bonds are current.
B. The board may not issue parity bonds unless the monies subject to pledge for payment of the bonds for the preceding twelve months exceed by three times the highest annual principal and interest payments on all of the outstanding bonds and the bonds to be issued for the highest one year period during the life of both the outstanding bonds and the bonds to be issued.
C. Notwithstanding subsection B of this section,  the board may issue parity bonds to refund or refinance any outstanding bonds if the board meets the requirements of subsection B of this section or if the board certifies that the principal and interest payments for each fiscal year on all outstanding bonds and the bonds to be issued immediately after the date of issuance of the refunding parity bonds do not exceed one hundred five per cent of the principal and interest payments for each fiscal year on all outstanding bonds immediately before the issuance of the refunding parity bonds.
D. The bonds sought to be issued shall mature and the principal and interest are payable at the same time as bonds then outstanding that have the same priority of lien.
E. All bonds issued under this article are deemed to contain the restrictions against issuance of parity bonds contained in this section,  whether or not the resolution issuing the bonds or the bonds themselves contain covenants to this effect.
F. For the purposes of this section,  amounts subject to pledge shall be presumptively determined by a certificate of the chairman of the board.
G. The pledge of revenues prescribed in section 28-7504,  subsection A,  paragraphs 1 and 2 is not subject to sections 28-6952 through 28-6955,  28-6992,  28-6993 and 28-6995 through 28-7006. The payment of the necessary fees,  charges and expenses incurred in the issuance of the bonds and the principal of and interest on the bonds are not subject to section 28-7007 but shall be made in the manner prescribed in the resolution issuing the bonds.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7511 - Bonds; freeway mitigation; matching amount

28-7511.
Bonds;  freeway mitigation;  matching amount
A. A city or town may issue general obligation bonds for the purpose of planning,  undertaking and carrying out projects for the elimination of present slum and blighted areas and the prevention of the development of those conditions in the future by mitigating the effects of existing and proposed freeway conditions on cities,  towns and neighborhoods. The projects may include acquiring land for recreation,  water,  sewage and drainage facilities,  streets,  sidewalks,  ways and other public places and other projects to develop or redevelop affected areas.
B. The board may use bond monies obtained pursuant to section 28-7510 to match on a one to one basis the city or town general obligation bond monies obtained pursuant to this section to provide funding for expenses related to mitigation measures on property located within the department's right-of-way. If a city or town obtains bond monies pursuant to this section for the purpose of mitigating the effects of proposed freeway conditions on cities,  towns and neighborhoods,  this state shall not construct the freeway unless the board agrees to the mitigation measures proposed by the city or town.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7512 - Agreement of state

28-7512.
Agreement of state
A. This state pledges to and agrees with the holders of the bonds that this state will not limit or alter the rights vested in the board to collect the fees,  excises and taxes as may be necessary to produce sufficient revenue to meet the expense of the state highway system and to fulfill the terms of any agreements made with the holders of the bonds or in any way impair the rights and remedies of the bondholders,  until all bonds issued under this article,  interest on the bonds,  interest on any unpaid installments of interest and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders are fully met and discharged.
B. The board as agent for this state may include this pledge and undertaking by this state in its resolutions and indentures securing its bonds.