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