States provide nearly half of all surface transportation funding. The main source of highway funds in about half the states is the state motor vehicle fuel tax, which in seven states is indexed to the consumer price index, average wholesale price or another index. States also provide about 20 percent of the funding for transit systems nationwide and help fund aviation, ports and other elements of the transportation network.
State legislatures exercise significant power over state revenue sources and appropriations. Only five states and the District of Columbia reported that any state funds flow directly from a revenue source to the DOT without legislative appropriation. The real power of legislatures-or DOTs-to allocate state funds, however, is bounded by restrictions on the use of transportation revenues. For example, 23 states have constitutional provisions-and three have statutory provisions-that restrict use of state fuel tax revenues exclusively to highway and road purposes. Most other states dedicate these and other transportation-related revenues to general or multimodal transportation purposes, with a few limited exceptions. In addition, 35 states reported they have provisions that direct use of the funds or accounts to which transportation revenues are deposited. At least six states also explicitly prohibit diversion or transfer of transportation revenues to other purposes. | In about half the states, state fuel tax revenues are restricted exclusively to highway and road purposes; most other states dedicate these and other transportation-related revenues to general or multimodal transportation purposes. |
Dedications, restrictions and prohibitions are not always effective, however. At least seven states reported recent legislative diversions of transportation funds to other uses, despite existing restrictions. In New Jersey, for example, the appropriation act has precedence over statutory dedications, but not over the constitution; the Legislature has chosen not to fully appropriate statutory transportation revenues eight times since 1985.