Utah 2023 Regular Session

Utah House Bill HB0474 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 474
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: B. Hess 6
4	4	6 02-14-23 4:30 PM 6
5	5	H.B. 474
6	6	1 PARATRANSIT SERVICES AMENDMENTS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Ryan D. Wilcox
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill requires a public transit district to provide alternative services if the public
15	15	10transit district discontinues paratransit services.
16	16	11Highlighted Provisions:
17	17	12 This bill:
18	18	13 <defines terms;
19	19	14 <requires a public transit district to provide alternative services if the public transit
20	20	15district discontinues paratransit services; and
21	21	16 <makes technical changes.
22	22	17Money Appropriated in this Bill:
23	23	18 None
24	24	19Other Special Clauses:
25	25	20 None
26	26	21Utah Code Sections Affected:
27	27	22AMENDS:
28	28	23 17B-2a-802, as last amended by Laws of Utah 2022, Chapters 69, 406
29	29	24 17B-2a-823, as last amended by Laws of Utah 2019, Chapter 136
30	30	25
31	31	26Be it enacted by the Legislature of the state of Utah:
32	32	27 Section 1. Section 17B-2a-802 is amended to read:
33	33	HB0474 H.B. 474 02-14-23 4:30 PM
34	34	- 2 -
35	35	28 17B-2a-802. Definitions.
36	36	29 As used in this part:
37	37	30 (1) "Affordable housing" means housing occupied or reserved for occupancy by
38	38	31households that meet certain gross household income requirements based on the area median
39	39	32income for households of the same size.
40	40	33 (a) "Affordable housing" may include housing occupied or reserved for occupancy by
41	41	34households that meet specific area median income targets or ranges of area median income
42	42	35targets.
43	43	36 (b) "Affordable housing" does not include housing occupied or reserved for occupancy
44	44	37by households with gross household incomes that are more than 60% of the area median
45	45	38income for households of the same size.
46	46	39 (2) "Appointing entity" means the person, county, unincorporated area of a county, or
47	47	40municipality appointing a member to a public transit district board of trustees.
48	48	41 (3) (a) "Chief executive officer" means a person appointed by the board of trustees of a
49	49	42small public transit district to serve as chief executive officer.
50	50	43 (b) "Chief executive officer" shall enjoy all the rights, duties, and responsibilities
51	51	44defined in Sections 17B-2a-810 and 17B-2a-811 and includes all rights, duties, and
52	52	45responsibilities assigned to the general manager but prescribed by the board of trustees to be
53	53	46fulfilled by the chief executive officer.
54	54	47 (4) "Council of governments" means a decision-making body in each county composed
55	55	48of membership including the county governing body and the mayors of each municipality in the
56	56	49county.
57	57	50 (5) "Department" means the Department of Transportation created in Section 72-1-201.
58	58	51 (6) "Executive director" means a person appointed by the board of trustees of a large
59	59	52public transit district to serve as executive director.
60	60	53 (7) "Fixed guideway" means the same as that term is defined in Section 59-12-102.
61	61	54 (8) "Fixed guideway capital development" means the same as that term is defined in
62	62	55Section 72-1-102.
63	63	56 (9) "Fixed route service" means a transportation service where a public transit vehicle
64	64	57travels along a predetermined route and stops at predetermined locations to pick up individuals
65	65	58seeking public transportation to be taken to the individual's desired destination along the 02-14-23 4:30 PM H.B. 474
66	66	- 3 -
67	67	59predetermined route.
68	68	60 [(9)] (10) (a) "General manager" means a person appointed by the board of trustees of a
69	69	61small public transit district to serve as general manager.
70	70	62 (b) "General manager" shall enjoy all the rights, duties, and responsibilities defined in
71	71	63Sections 17B-2a-810 and 17B-2a-811 prescribed by the board of trustees of a small public
72	72	64transit district.
73	73	65 [(10)] (11) "Large public transit district" means a public transit district that provides
74	74	66public transit to an area that includes:
75	75	67 (a) more than 65% of the population of the state based on the most recent official
76	76	68census or census estimate of the United States Census Bureau; and
77	77	69 (b) two or more counties.
78	78	70 [(11)] (12) (a) "Locally elected public official" means a person who holds an elected
79	79	71position with a county or municipality.
80	80	72 (b) "Locally elected public official" does not include a person who holds an elected
81	81	73position if the elected position is not with a county or municipality.
82	82	74 [(12)] (13) "Metropolitan planning organization" means the same as that term is
83	83	75defined in Section 72-1-208.5.
84	84	76 [(13)] (14) "Multicounty district" means a public transit district located in more than
85	85	77one county.
86	86	78 [(14)] (15) "Operator" means a public entity or other person engaged in the
87	87	79transportation of passengers for hire.
88	88	80 (16) "Paratransit service" means a transportation service provided to an individual with
89	89	81physical, cognitive, or visual disabilities who is functionally unable to independently use a
90	90	82public transit district's fixed route services either permanently or temporarily.
91	91	83 [(15)] (17) (a) "Public transit" means regular, continuing, shared-ride, surface
92	92	84transportation services that are open to the general public or open to a segment of the general
93	93	85public defined by age, disability, or low income.
94	94	86 (b) "Public transit" does not include transportation services provided by:
95	95	87 (i) chartered bus;
96	96	88 (ii) sightseeing bus;
97	97	89 (iii) taxi; H.B. 474 02-14-23 4:30 PM
98	98	- 4 -
99	99	90 (iv) school bus service;
100	100	91 (v) courtesy shuttle service for patrons of one or more specific establishments; or
101	101	92 (vi) intra-terminal or intra-facility shuttle services.
102	102	93 [(16)] (18) "Public transit district" means a local district that provides public transit
103	103	94services.
104	104	95 [(17)] (19) "Small public transit district" means any public transit district that is not a
105	105	96large public transit district.
106	106	97 [(18)] (20) "Station area plan" means a plan developed and adopted by a municipality
107	107	98in accordance with Section 10-9a-403.1.
108	108	99 [(19)] (21) "Transit facility" means a transit vehicle, transit station, depot, passenger
109	109	100loading or unloading zone, parking lot, or other facility:
110	110	101 (a) leased by or operated by or on behalf of a public transit district; and
111	111	102 (b) related to the public transit services provided by the district, including:
112	112	103 (i) railway or other right-of-way;
113	113	104 (ii) railway line; and
114	114	105 (iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
115	115	106a transit vehicle.
116	116	107 [(20)] (22) "Transit vehicle" means a passenger bus, coach, railcar, van, or other
117	117	108vehicle operated as public transportation by a public transit district.
118	118	109 [(21)] (23) "Transit-oriented development" means a mixed use residential or
119	119	110commercial area that is designed to maximize access to public transit and includes the
120	120	111development of land owned by a large public transit district.
121	121	112 [(22)] (24) "Transit-supportive development" means a mixed use residential or
122	122	113commercial area that is designed to maximize access to public transit and does not include the
123	123	114development of land owned by a large public transit district.
124	124	115 Section 2. Section 17B-2a-823 is amended to read:
125	125	116 17B-2a-823. Public transit district special services.
126	126	117 (1) As used in this section, "bureau" means a recreational, tourist, or convention bureau
127	127	118under Title 17, Chapter 31, Recreational, Tourist, and Convention Bureaus.
128	128	119 (2) (a) A public transit district may lease its buses to private certified public carriers or
129	129	120operate transit services requested by a public entity if a bureau certifies that privately owned 02-14-23 4:30 PM H.B. 474
130	130	- 5 -
131	131	121carriers furnishing like services or operating like equipment within the area served by the
132	132	122bureau:
133	133	123 (i) have declined to provide the service; or
134	134	124 (ii) do not have the equipment necessary to provide the service.
135	135	125 (b) A public transit district may lease its buses or operate services as authorized under
136	136	126Subsection (2)(a) outside of the area served by the district.
137	137	127 (3) If part or all of the transportation services are paid for by public funds, a public
138	138	128transit district may:
139	139	129 (a) provide school bus services for transportation of pupils and supervisory personnel
140	140	130between homes and school and other related school activities within the area served by the
141	141	131district; or
142	142	132 (b) provide the transportation of passengers covered by a program within the district
143	143	133for people who are elderly or who have a disability.
144	144	134 (4) (a) If a public transit district provides paratransit services described in Subsection
145	145	135(3) to an individual with a disability, and the public transit district discontinues the fixed route
146	146	136service for which the individual's paratransit service is dependent, the public transit district
147	147	137shall either:
148	148	138 (i) continue to provide the individual the same paratransit services; or
149	149	139 (ii) provide the individual an alternative form of transportation for the individual.
150	150	140 (b) The alternative form of transportation described in Subsection (4)(a)(i), as
151	151	141compared to the paratransit service, shall:
152	152	142 (i) provide the individual with a form of transportation that:
153	153	143 (A) is similar in mode of transit; and
154	154	144 (B) the individual is physically and cognitively able to use;
155	155	145 (ii) provide the individual the same:
156	156	146 (A) origin to destination services; and
157	157	147 (B) door to curb services; and
158	158	148 (iii) have equal or lesser cost to the individual.
159	159	149 [(4)] (5) Notwithstanding the provisions in Subsection (3), a municipality or county is
160	160	150not prohibited from providing the transportation services identified in Subsection (3).