Utah 2023 Regular Session

Utah House Bill HB0474 Compare Versions

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11 H.B. 474
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: B. Hess 6
44 6 02-14-23 4:30 PM 6
55 H.B. 474
66 1 PARATRANSIT SERVICES AMENDMENTS
77 2 2023 GENERAL SESSION
88 3 STATE OF UTAH
99 4 Chief Sponsor: Ryan D. Wilcox
1010 5 Senate Sponsor: ____________
1111 6
1212 7LONG TITLE
1313 8General Description:
1414 9 This bill requires a public transit district to provide alternative services if the public
1515 10transit district discontinues paratransit services.
1616 11Highlighted Provisions:
1717 12 This bill:
1818 13 <defines terms;
1919 14 <requires a public transit district to provide alternative services if the public transit
2020 15district discontinues paratransit services; and
2121 16 <makes technical changes.
2222 17Money Appropriated in this Bill:
2323 18 None
2424 19Other Special Clauses:
2525 20 None
2626 21Utah Code Sections Affected:
2727 22AMENDS:
2828 23 17B-2a-802, as last amended by Laws of Utah 2022, Chapters 69, 406
2929 24 17B-2a-823, as last amended by Laws of Utah 2019, Chapter 136
3030 25
3131 26Be it enacted by the Legislature of the state of Utah:
3232 27 Section 1. Section 17B-2a-802 is amended to read:
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3535 28 17B-2a-802. Definitions.
3636 29 As used in this part:
3737 30 (1) "Affordable housing" means housing occupied or reserved for occupancy by
3838 31households that meet certain gross household income requirements based on the area median
3939 32income for households of the same size.
4040 33 (a) "Affordable housing" may include housing occupied or reserved for occupancy by
4141 34households that meet specific area median income targets or ranges of area median income
4242 35targets.
4343 36 (b) "Affordable housing" does not include housing occupied or reserved for occupancy
4444 37by households with gross household incomes that are more than 60% of the area median
4545 38income for households of the same size.
4646 39 (2) "Appointing entity" means the person, county, unincorporated area of a county, or
4747 40municipality appointing a member to a public transit district board of trustees.
4848 41 (3) (a) "Chief executive officer" means a person appointed by the board of trustees of a
4949 42small public transit district to serve as chief executive officer.
5050 43 (b) "Chief executive officer" shall enjoy all the rights, duties, and responsibilities
5151 44defined in Sections 17B-2a-810 and 17B-2a-811 and includes all rights, duties, and
5252 45responsibilities assigned to the general manager but prescribed by the board of trustees to be
5353 46fulfilled by the chief executive officer.
5454 47 (4) "Council of governments" means a decision-making body in each county composed
5555 48of membership including the county governing body and the mayors of each municipality in the
5656 49county.
5757 50 (5) "Department" means the Department of Transportation created in Section 72-1-201.
5858 51 (6) "Executive director" means a person appointed by the board of trustees of a large
5959 52public transit district to serve as executive director.
6060 53 (7) "Fixed guideway" means the same as that term is defined in Section 59-12-102.
6161 54 (8) "Fixed guideway capital development" means the same as that term is defined in
6262 55Section 72-1-102.
6363 56 (9) "Fixed route service" means a transportation service where a public transit vehicle
6464 57travels along a predetermined route and stops at predetermined locations to pick up individuals
6565 58seeking public transportation to be taken to the individual's desired destination along the 02-14-23 4:30 PM H.B. 474
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6767 59predetermined route.
6868 60 [(9)] (10) (a) "General manager" means a person appointed by the board of trustees of a
6969 61small public transit district to serve as general manager.
7070 62 (b) "General manager" shall enjoy all the rights, duties, and responsibilities defined in
7171 63Sections 17B-2a-810 and 17B-2a-811 prescribed by the board of trustees of a small public
7272 64transit district.
7373 65 [(10)] (11) "Large public transit district" means a public transit district that provides
7474 66public transit to an area that includes:
7575 67 (a) more than 65% of the population of the state based on the most recent official
7676 68census or census estimate of the United States Census Bureau; and
7777 69 (b) two or more counties.
7878 70 [(11)] (12) (a) "Locally elected public official" means a person who holds an elected
7979 71position with a county or municipality.
8080 72 (b) "Locally elected public official" does not include a person who holds an elected
8181 73position if the elected position is not with a county or municipality.
8282 74 [(12)] (13) "Metropolitan planning organization" means the same as that term is
8383 75defined in Section 72-1-208.5.
8484 76 [(13)] (14) "Multicounty district" means a public transit district located in more than
8585 77one county.
8686 78 [(14)] (15) "Operator" means a public entity or other person engaged in the
8787 79transportation of passengers for hire.
8888 80 (16) "Paratransit service" means a transportation service provided to an individual with
8989 81physical, cognitive, or visual disabilities who is functionally unable to independently use a
9090 82public transit district's fixed route services either permanently or temporarily.
9191 83 [(15)] (17) (a) "Public transit" means regular, continuing, shared-ride, surface
9292 84transportation services that are open to the general public or open to a segment of the general
9393 85public defined by age, disability, or low income.
9494 86 (b) "Public transit" does not include transportation services provided by:
9595 87 (i) chartered bus;
9696 88 (ii) sightseeing bus;
9797 89 (iii) taxi; H.B. 474 02-14-23 4:30 PM
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9999 90 (iv) school bus service;
100100 91 (v) courtesy shuttle service for patrons of one or more specific establishments; or
101101 92 (vi) intra-terminal or intra-facility shuttle services.
102102 93 [(16)] (18) "Public transit district" means a local district that provides public transit
103103 94services.
104104 95 [(17)] (19) "Small public transit district" means any public transit district that is not a
105105 96large public transit district.
106106 97 [(18)] (20) "Station area plan" means a plan developed and adopted by a municipality
107107 98in accordance with Section 10-9a-403.1.
108108 99 [(19)] (21) "Transit facility" means a transit vehicle, transit station, depot, passenger
109109 100loading or unloading zone, parking lot, or other facility:
110110 101 (a) leased by or operated by or on behalf of a public transit district; and
111111 102 (b) related to the public transit services provided by the district, including:
112112 103 (i) railway or other right-of-way;
113113 104 (ii) railway line; and
114114 105 (iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
115115 106a transit vehicle.
116116 107 [(20)] (22) "Transit vehicle" means a passenger bus, coach, railcar, van, or other
117117 108vehicle operated as public transportation by a public transit district.
118118 109 [(21)] (23) "Transit-oriented development" means a mixed use residential or
119119 110commercial area that is designed to maximize access to public transit and includes the
120120 111development of land owned by a large public transit district.
121121 112 [(22)] (24) "Transit-supportive development" means a mixed use residential or
122122 113commercial area that is designed to maximize access to public transit and does not include the
123123 114development of land owned by a large public transit district.
124124 115 Section 2. Section 17B-2a-823 is amended to read:
125125 116 17B-2a-823. Public transit district special services.
126126 117 (1) As used in this section, "bureau" means a recreational, tourist, or convention bureau
127127 118under Title 17, Chapter 31, Recreational, Tourist, and Convention Bureaus.
128128 119 (2) (a) A public transit district may lease its buses to private certified public carriers or
129129 120operate transit services requested by a public entity if a bureau certifies that privately owned 02-14-23 4:30 PM H.B. 474
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131131 121carriers furnishing like services or operating like equipment within the area served by the
132132 122bureau:
133133 123 (i) have declined to provide the service; or
134134 124 (ii) do not have the equipment necessary to provide the service.
135135 125 (b) A public transit district may lease its buses or operate services as authorized under
136136 126Subsection (2)(a) outside of the area served by the district.
137137 127 (3) If part or all of the transportation services are paid for by public funds, a public
138138 128transit district may:
139139 129 (a) provide school bus services for transportation of pupils and supervisory personnel
140140 130between homes and school and other related school activities within the area served by the
141141 131district; or
142142 132 (b) provide the transportation of passengers covered by a program within the district
143143 133for people who are elderly or who have a disability.
144144 134 (4) (a) If a public transit district provides paratransit services described in Subsection
145145 135(3) to an individual with a disability, and the public transit district discontinues the fixed route
146146 136service for which the individual's paratransit service is dependent, the public transit district
147147 137shall either:
148148 138 (i) continue to provide the individual the same paratransit services; or
149149 139 (ii) provide the individual an alternative form of transportation for the individual.
150150 140 (b) The alternative form of transportation described in Subsection (4)(a)(i), as
151151 141compared to the paratransit service, shall:
152152 142 (i) provide the individual with a form of transportation that:
153153 143 (A) is similar in mode of transit; and
154154 144 (B) the individual is physically and cognitively able to use;
155155 145 (ii) provide the individual the same:
156156 146 (A) origin to destination services; and
157157 147 (B) door to curb services; and
158158 148 (iii) have equal or lesser cost to the individual.
159159 149 [(4)] (5) Notwithstanding the provisions in Subsection (3), a municipality or county is
160160 150not prohibited from providing the transportation services identified in Subsection (3).