HIGHWAYS AND BRIDGES
40-720. transportation expansion and Congestion mitigation program — fund established. (1) The Idaho transportation department shall establish and maintain a transportation expansion and congestion mitigation program.
(2) The fund established pursuant to this section shall finance projects that expand the state system to address and mitigate transportation congestion. The projects shall be evaluated by the Idaho transportation department and shall be chosen by the Idaho transportation board based on a policy that may include mitigation of traffic times, improvement to traffic flow and mitigation of traffic congestion.
(3) There is hereby established in the state treasury the transportation expansion and congestion mitigation fund, to which shall be deposited:
(a) All moneys distributed pursuant to section 63-2520, Idaho Code;
(b) All moneys distributed pursuant to section 63-3638, Idaho Code; and
(c) Any other appropriated moneys for funding the transportation expansion and congestion mitigation program.
(4) Interest earned on the investment of idle moneys in the fund shall be paid to the fund. All moneys in the fund shall be used for the transportation expansion and congestion mitigation program.
(5) The Idaho housing and finance association is hereby authorized to issue bonds, secured by otherwise unobligated moneys in the fund established in subsection (3) of this section, for the purpose of financing state transportation projects approved by the Idaho transportation board. The Idaho transportation board shall take into consideration the mitigation of traffic congestion from the state campus site located at 11311 West Chinden Boulevard, Boise, as a priority when approving transportation projects. Moneys from the fund established in subsection (3) of this section shall be used to pay any of the principal, interest, and other amounts for state transportation projects approved by the Idaho transportation board and required for bonds issued pursuant to this subsection in accordance with the provisions of chapter 62, title 67, Idaho Code. If such bonds are issued, moneys in the fund shall first be continuously appropriated and used for repayment of said bonds in accordance with subsection (7) of this section.
(6) The authority provided in subsection (5) of this section shall be used only to issue bonds on an approved resolution by the Idaho transportation board requesting that the Idaho housing and finance association issue bonds contingent upon:
(a) The availability of otherwise unobligated moneys in the fund, established in subsection (3)of this section, necessary to meet bond service obligations;
(b) The moneys disbursed being used in accordance with United States treasury regulations to ensure tax-exempt status is retained, unless tax-exempt bonds are not available; and
(c) The issuance of bonds at prevailing market rates of interest.
(7) From moneys in the fund established in this section, there are hereby continuously appropriated first such amounts as from time to time shall be certified by the Idaho housing and finance association to the state controller, the state treasurer, and the Idaho transportation board as necessary for payment of principal, interest, and other amounts required for transportation bonds or notes of the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code, that are issued to finance improvements described in this section, which amounts shall not exceed the amount received and transferred from section 63-3638(16), Idaho Code, which amounts shall be transferred to the transportation expansion and congestion mitigation program debt service fund established in section 40-721(2), Idaho Code.
(8) Moneys in excess of eighty million dollars ($80,000,000) apportioned to local units of government for local highway projects pursuant to section 63-3638(16)(b), Idaho Code, shall be used by local units of government only for the purposes of road and bridge maintenance, the expansion of travel lanes, and congestion mitigation for the primary benefit of motor vehicles to improve traffic flow and traffic travel times.
[40-720, added 2017, ch. 322, sec. 9, p. 845; am. 2019, ch. 307, sec. 1, p. 919; am. 2023, ch. 21, sec. 1, p. 131.]