ARTICLE 22 AS AMENDED

 

RELATING TO TRANSPORTATION FUNDING

 

     SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND

CARRIERS" is hereby amended by adding thereto the following chapter:

 

CHAPTER 39-18.1

TRANSPORTATION INVESTMENT AND DEBT REDUCTION ACT OF 2011

 

     39-18.1-1. Short title. -- This chapter shall be known and may be cited as the

"Transportation and Debt Reduction Act of 2011."

 

     39-18.1-2. Legislative findings. -- The general assembly finds that:

     (1) Rhode Island now has, and for some years has had, a serious shortfall of funds

available for the upkeep, maintenance and repair of the state's highways, roads, and bridges.

     (2) Rhode Island now funds, and for some years has funded, the local twenty percent

(20%) match required to bring federal transportation dollars into the state by means of selling

bonds. This has proven unsustainable and creates unaffordable debt-service obligations for future

generations of Rhode Island taxpayers.

     (3) The health, safety, and convenience of Rhode Island's citizens are seriously and

adversely affected when the state's highways, roads, and bridges are not kept in a proper state of

upkeep, maintenance and repair.

     (4) A critically important function of the state in maintaining the health, safety, and

welfare of all the people of Rhode Island is to ensure the proper upkeep, maintenance and repair

of the state's highways, roads, and bridges.

     (5) Rhode Island must consider all potential sustainable sources as a vehicle for

maintaining and improving the transportation infrastructure of the state.

     (6) Additional stable and secure funding sources are absolutely necessary in order for the

state to carry out its essential functions, including the upkeep, maintenance and repair of the

state's highways, roads, and bridges, and providing for the continued functioning and reliability of

public transit. In order to avoid to the full extent possible the creation of enormous and

unaffordable debt-service obligations for future generations of Rhode Islanders, these funding

sources should be created on a pay-as-you-go basis, and bonding should be reduced to the fullest

extent practicable.

 

     39-18.1-3. Definitions. -- When used in this chapter:

     (1) "Department of Transportation" means the department created by chapter 13 of title

42 of the general laws of Rhode Island.

     (2) "Director" means the director of the Rhode Island department of transportation.

     (3) "Highway maintenance" means the upkeep, maintenance, and repair of the state's

highways, roads, and bridges, including repaving or resurfacing the same.

     (4) "State Planning Council" means the state planning council within the division of

planning of the department of administration, as established by Rhode Island general laws section

42-11-10.

     (5) "Transportation Improvement Program" means the transportation improvement

program that is created and amended from time to time by the state planning council.

 

     39-18.1-4. Rhode Island highway maintenance trust fund created. -- (a) There is

hereby created a special account in the general fund to be known as the Rhode Island Highway

Maintenance Trust Fund.

     (b) The fund shall consist of all those moneys which the state may from time to time

direct to the fund, including, but not necessarily limited to, moneys derived from the following

sources:

     (1) There is imposed a surcharge of thirty dollars ($30.00) per passenger car and light

truck to be paid by each car and light truck owner in order to register that owner's vehicle and

upon each subsequent biennial registration. This surcharge shall be phased in at the rate of ten

dollars ($10.00) each year. The total surcharge will be ten dollars ($10.00) from July 1, 2013

through June 30, 2014, twenty dollars ($20.00) from July 1, 2014 through June 30, 2015, and

thirty dollars ($30.00) from July 1, 2015 through June 30, 2016 and each year thereafter.

     (2) There is imposed a surcharge of fifteen dollars ($15.00) per car and truck, for those

cars and trucks subject to annual registration, to be paid annually by each car and truck owner in

order to register that owner's vehicle and upon each subsequent annual registration. This

surcharge will be phased in at the rate of five dollars ($5.00) each year. The total surcharge will

be five dollars ($5.00) from July 1, 2013 through June 30, 2014, ten dollars ($10.00) from July 1,

2014 through June 30, 2015, and fifteen dollars ($15.00) from July 1, 2015 through June 30, 2016

and each year thereafter.

     (3) There is imposed a surcharge of thirty dollars ($30.00) per operator's license to be

paid every five (5) years by each licensed operator of motor vehicles. This surcharge will be

phased in at the rate of ten dollars ($10.00) each year. The total surcharge will be ten dollars

($10.00) from July 1, 2013 through June 30, 2014, twenty dollars ($20.00) from July 1, 2014

through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015 through June 30, 2016 and

each year thereafter.

     (c) All funds collected pursuant to this section shall be deposited in the highway

maintenance fund and shall be used only for the purposes set forth in this chapter.

     (d) Unexpended balances and any earnings thereon shall not revert to the general fund but

shall remain in the highway maintenance fund. There shall be no requirement that moneys

received into the highway maintenance fund during any given calendar year or fiscal year be

expended during the same calendar year or fiscal year.

     (e) The highway maintenance fund shall be administered by the director, who shall

allocate and spend moneys from the fund only in accordance with the purposes and procedures

set forth in this chapter.

 

     39-18.1-5. Allocation of funds. -- (a) The monies in the highway maintenance fund to

be directed to the department of transportation pursuant to subdivision (a)(1) of this section shall

be allocated through the transportation improvement program process to provide the state match

for federal transportation funds, in place of borrowing, as approved by the state planning council.

The expenditure of moneys in the highway maintenance fund shall only be authorized for projects

that appear in the state's transportation improvement program.

 

     39-18.1-6. Severability. -- If any of the provisions of this chapter or the applicability

thereof is held invalid by any court of competent jurisdiction, the remainder of the provisions of

this chapter shall not be affected thereby.

 

     SECTION 2. This Article shall take effect on July 1, 2011.