28-7011. Roads of regional significance congestion mitigation account; program termination

A. The roads of regional significance congestion mitigation account is established as a separate subaccount of the statewide transportation acceleration needs account established by section 28-7009. The subaccount may include:

1. Legislative appropriations.

2. Monies designated for deposit in the account by the transportation board, a state agency or a political subdivision of this state.

3. Monies received from the United States government for the purpose of transportation projects relating to congestion mitigation.

4. Monies received from an Indian tribe, this state, a state agency or a political subdivision of this state for the purpose of transportation projects relating to congestion mitigation.

5. Interest and other income received from investing monies in the account.

6. Gifts, grants, donations or other amounts received from any public source for deposit in the account for the purpose of transportation projects relating to congestion mitigation.

B. On notice from the transportation board, the state treasurer shall invest and divest monies, as provided by section 35-313, in the roads of regional significance congestion mitigation account, and monies earned from investment shall be credited to the account.

C. The transportation board may establish any subaccount in the roads of regional significance congestion mitigation account that the board determines is necessary or appropriate to carry out the purposes of this section.

D. When a governmental entity deposits monies in the roads of regional significance congestion mitigation account for a specific project and the transportation board approves the project, the board shall designate the monies deposited by the governmental entity solely for the project for which the monies are deposited.

E. Notwithstanding sections 28-6993 and 28-7009, and any other agreements entered into by the department of transportation for the distribution and expenditure of monies from the state highway fund, the transportation board shall not approve any expenditures from the roads of regional significance congestion mitigation account unless both:

1. The expenditure is made in accordance with this section and is for the construction, design or planning of roads or bridges that are contained, but not funded, in the transportation plan of a city, town or county.

2. The project receiving the monies is in a regional planning agency's transportation improvement plan or a county transportation improvement plan.

F. To be eligible to receive monies from the account, the city, town or county must identify the participating jurisdictions. Those jurisdictions must include at least one of the following:

1. A county that has an average growth rate that exceeds the average county growth rate in this state by at least fifty per cent in the last five years.

2. A city or town that has an average growth rate that exceeds the average city or town growth rate in this state by at least fifty per cent in the last five years.

G. Each governmental entity that is awarded monies from the account for a project shall enter into a memorandum of understanding with every other governmental entity involved in the project that outlines each entity's fiscal responsibility for the project. The memorandum of understanding shall be entered into before the governmental entity receives funding to begin the project.

H. Except as provided in subsection J of this section, a governmental entity that receives monies from the account pursuant to this section shall reimburse the account the entire amount of the monies received for a project as outlined in the memorandum of understanding.

I. Notwithstanding subsection K of this section and except as provided in subsection J of this section, a city or town that receives monies pursuant to this section must reimburse the statewide transportation acceleration needs account within fifteen years after receiving the monies. This subsection applies to monies that the city or town receives before, on and after September 30, 2009.

J. A city or town that receives monies from the account pursuant to this section before July 1, 2012, is not required to reimburse the account. This subsection applies to monies that the city or town receives before, on and after the effective date of this amendment to this section if the monies are received before July 1, 2012.

K. The program established by this section ends on July 1, 2012 pursuant to section 41-3102.