Okla. Stat. tit. 69, § 69-1913: Rural Economic Transportation Reliability and

Optimization Fund.

There is hereby established a fund within the State Treasury to

be known as the "Rural Economic Transportation Reliability and

Optimization Fund" to be administered by the Oklahoma Department of

Transportation. The fund shall be a continuing fund, not subject to

fiscal year limitations, and shall consist of any general revenues

as may be directly appropriated or otherwise provided by law.

Any monies appropriated to the Rural Economic Transportation

Reliability and Optimization Fund shall not result in a decrease in

historic and traditional total state transportation funding levels

or be used to supplant or replace existing state funds used for

transportation purposes.

In order to ensure that the funds from the Rural Economic

Transportation Reliability and Optimization Fund are used to enhance

and not supplant state funding for the Department of Transportation,

the State Board of Equalization shall examine and investigate the

funding levels as described. At the meeting of the State Board of

Equalization held within five (5) days after the monthly

apportionment in February of each year, the State Board of

Equalization shall issue a finding and report which shall state

whether expenditures from the Rural Economic Transportation

Reliability and Optimization Fund were used to enhance or supplant

state funding for the Department of Transportation. If the State

Board of Equalization finds that state funding for the Department of

Transportation was supplanted by funds from the Rural Economic

Transportation Reliability and Optimization Fund, the Board shall

specify the amount by which such funding was supplanted. In this

event, the Legislature shall not make any appropriations for the

ensuing fiscal year until an appropriation in that amount is made to

replenish state funding for the Department of Transportation.

All monies accruing to the credit of the Rural Economic

Transportation Reliability and Optimization Fund are hereby

appropriated and shall be used to assist the Department in the

equitable prioritization of construction, repair and maintenance of

state highways in rural areas where robust economic development has

resulted in traffic safety and circulation difficulties attributed

to significant and unanticipated increases in traffic volumes and as

fully recorded and documented by the Department. "Robust economic

development", as used in this act, shall mean those conditions of

the highways of this state in counties with a population of less

than seventy-five thousand (75,000) where traffic volumes have

increased to become so impaired or hazardous as to constitute a

threat to the safety of persons or property traveling over or upon

such highways.

When such traffic conditions as described may arise in rural

areas, the Department of Transportation shall engage the Oklahoma

Department of Commerce, the Oklahoma Tax Commission or other

agencies or entities of the state, as necessary, to confirm the

relationship of traffic conditions to robust economic development.

Once said relationship is confirmed and documented, the Department

of Transportation may utilize any proceeds from the Rural Economic

Transportation Reliability and Optimization Fund in an amount not to

exceed fifty percent (50%) of the total project costs to incentivize

and leverage the acceleration and prioritization of improvement

projects existing in or to be incorporated into the Department's

Eight-Year Construction Work Plan.