2023 Utah Code › Title 63B - Bonds › Chapter 27 - 2017 Bonding and Financing Authorizations › Part 1 - 2017 Highway General Obligation Bonds › Section 101 - Highway bonds -- Maximum amount -- Use of proceeds for highway projects.

Effective 3/14/2023
63B-27-101.
Highway bonds -- Maximum amount -- Use of proceeds for highway projects.
(1)
(a) Subject to the restriction in Subsection (1)(c), the total amount of bonds issued under this section may not exceed $1,000,000,000 for acquisition and construction proceeds , plus additional amounts necessary to pay costs of issuance, to pay capitalized interest, and to fund any existing debt service reserve requirements, with the total amount of the bonds not to exceed $1,010,000,000 .
(b) When the Department of Transportation certifies to the commission that the requirements of Subsection 72-2-124(7) have been met and certifies the amount of bond proceeds that the commission needs to provide funding for the projects described in Subsection (2) for the current or next fiscal year, the commission may issue and sell general obligation bonds in an amount equal to the certified amount, plus additional amounts necessary to pay costs of issuance , to pay capitalized interest, and to fund any existing debt service reserve requirements, not to exceed 1% of the certified amount .
(c) The commission may not issue general obligation bonds authorized under this section if the issuance of the general obligation bonds would result in the total current outstanding general obligation debt of the state exceeding 50% of the limitation described in the Utah Constitution, Article XIV, Section 1.
(2) Except as provided in Subsections (3) and (4), proceeds from the issuance of bonds shall be provided to the Department of Transportation to pay all or part of the costs of the following state highway construction or reconstruction projects:
(a) state and federal highways prioritized by the Transportation Commission through the prioritization process for new transportation capacity projects adopted under Section 72-1-304, giving priority consideration for projects with a regional significance or that support economic development within the state, including:
(i) projects that are prioritized but exceed available cash flow beyond the normal programming horizon; or
(ii) projects prioritized in the state highway construction program; and
(b) $100,000,000 to be used by the Department of Transportation for transportation improvements as prioritized by the Transportation Commission for projects that:
(i) have a significant economic development impact associated with recreation and tourism within the state; and
(ii) address significant needs for congestion mitigation.
(3)
(a) Forty-six million dollars of the bond proceeds issued under this section shall be provided to the State Infrastructure Bank Fund created by Section 72-2-202 to make funds available for a transportation infrastructure loan or transportation infrastructure assistance under Title 72, Chapter 2, Part 2, State Infrastructure Bank Fund, including the amounts as follows:
(i) subject to Subsection (3)(b), $14,000,000 to the military installation development authority created in Section 63H-1-201;
(ii) $5,000,000 to the Inland Port Authority created in Section 11-58-201, for highway, infrastructure, and rail right-of-way acquisition, design, engineering, and construction, to be repaid through tax differential; and
(iii) $7,000,000 to Midvale City for a parking structure in proximity to an intermodal transportation facility that enhances economic development within the city.
(b) When the loan described in Subsection (3)(a)(i) is transferred in accordance with Section 72-2-202, the bond proceeds for the loan shall be provided to the military development infrastructure revolving loan fund created in Section 63A-3-402.
(c) When the funds described in Subsection (3)(a)(ii) are transferred in accordance with Subsection 72-2-202(8), the funds shall be provided to the inland port infrastructure revolving loan fund created in Section 63A-3-402.
(4)
(a) Four million dollars of the bond proceeds issued under this section shall be used for a public transit fixed guideway rail station associated with or adjacent to an institution of higher education.
(b) Nineteen million dollars of the bond proceeds issued under this section shall be used by the Department of Transportation for the design, engineering, construction, or reconstruction of underpasses under a state highway connecting a state park and a project area created by a military installation development authority created in Section 63H-1-201.
(c) Nine million dollars of the bond proceeds issued under this section shall be used by the Department of Transportation for infrastructure improvements related to the Provo Airport.
(d) If project savings are identified by the Department of Transportation from the funds provided to the Department of Transportation as described in this section, the Department of Transportation may use available funding to study, design, engineer, and construct rail access through I-80 in western Salt Lake County.
(5) The bond proceeds issued under this section shall be provided to the Department of Transportation.
(6) The costs under Subsection (2) may include the costs of studies necessary to make transportation infrastructure improvements, the costs of acquiring land, interests in land, and easements and rights-of-way, the costs of improving sites, and making all improvements necessary, incidental, or convenient to the facilities, and the costs of interest estimated to accrue on these bonds during the period to be covered by construction of the projects plus a period of six months after the end of the construction period, interest estimated to accrue on any bond anticipation notes issued under the authority of this title, and all related engineering, architectural, and legal fees.
(7) The commission or the state treasurer may make any statement of intent relating to a reimbursement that is necessary or desirable to comply with federal tax law.
(8) The Department of Transportation may enter into agreements related to the projects described in Subsection (2) before the receipt of proceeds of bonds issued under this section.
Amended by Chapter 259, 2023 General Session