Section 24-02-37.3 - [Retroactive application - See note] Flexible transportation fund - Budget section approval - ReportThere is created in the state treasury the flexible transportation fund. The fund consists of eligible federal or state funding and any contributed private funds.
1. The flexible transportation fund must be administered and expended by the director and may be used for the following:a. Providing a match for federal funding obtained by the department of transportation.b. State-funded road and bridge construction and maintenance, and transportation support costs including staffing, facilities, and operational expenditures on the state highway system.c. State-funded road and bridge construction and maintenance activities within the state but off of the state highway system. The director shall establish the terms and provisions of the program.2. All money derived from the investment of the flexible transportation fund or any portion of the fund, must be credited to the flexible transportation fund. The director shall monthly transmit all moneys collected and received under this chapter to the state treasurer to be transferred and credited to the flexible transportation fund.3. The director must receive budget section approval for any project that utilizes more than ten million dollars from the fund except for projects that match federal or private funds and the amount utilized from the fund is fifty percent or less of total project costs. Any request considered by the budget section must comply with section 54-35-02.9.4. The director shall allocate at least twenty-five percent of motor vehicle excise tax collections deposited in the flexible transportation fund pursuant to section 57-40.3-10 for non-oil-producing county and township road and bridge projects as follows: a. The funds must be allocated by the department to counties for projects or grants for the benefit of counties and organized and unorganized townships;b. The department shall establish criteria to distribute the funds;c. The funds must be used for the maintenance and improvement of county and township paved and unpaved roads and bridges;d. Priority must be given to projects that match federal funds and to projects that improve roadways that serve as local corridors;e. An organized township is not eligible to receive funding if the township does not maintain any roadways or does not levy at least eighteen mills for general purposes; andf. For purposes of this subsection, "non-oil-producing county" means a county that received no allocation of funding or a total allocation of less than five million dollars under subsection 2 of section 57-51-15 in the most recently completed even-numbered fiscal year before the start of each biennium.5. The director shall provide periodic reports to the budget section regarding the status of the fund and projects receiving allocations from the fund.Amended by S.L. 2023SP1, ch. 636 (HB 1541),§ 6, eff. 10/25/2023.Amended by S.L. 2023, ch. 12 (HB 1012),§ 10, eff. 7/1/2023.Amended by S.L. 2023, ch. 47 (SB 2015),§ 31, eff. 7/1/2023.Added by S.L. 2023 , ch. 266( SB 2113 ), § 1, eff. 8/1/2023.