Enrolled Copy H.B. 502 1 Transportation and Infrastructure Funding Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Jordan D. Teuscher Senate Sponsor: Kirk A. Cullimore 2 3 LONG TITLE 4 General Description: 5 This bill allocates funds in the County of the First Class Highway Projects Fund and 6 provides other transportation funding. 7 Highlighted Provisions: 8 This bill: 9 ▸ allocates funds in the County of the First Class Highway Projects Fund to various projects 10 and purposes; 11 ▸ authorizes the Department of Transportation to issue a general obligation bond, with the 12 bond proceeds being distributed to a grant program, and provides revenue to service the 13 bond; 14 ▸ creates an affordable housing infrastructure grant program to provide grants to local 15 governments to construct infrastructure to facilitate affordable housing projects in a 16 county of the first class; 17 ▸ provides funding, loans, and grants to certain transportation projects; and 18 ▸ makes technical changes. 19 Money Appropriated in this Bill: 20 None 21 Other Special Clauses: 22 None 23 Utah Code Sections Affected: 24 AMENDS: 25 59-12-2220, as last amended by Laws of Utah 2024, Chapters 498, 501 26 72-2-121, as last amended by Laws of Utah 2024, Chapters 300, 498 and 501 27 72-2-124, as last amended by Laws of Utah 2024, Chapters 498, 501 H.B. 502 Enrolled Copy 28 72-2-302, as enacted by Laws of Utah 2024, Chapter 501 29 72-2-306, as enacted by Laws of Utah 2024, Chapter 501 30 ENACTS: 31 63B-34-101, Utah Code Annotated 1953 32 72-2-501, Utah Code Annotated 1953 33 72-2-502, Utah Code Annotated 1953 34 72-2-503, Utah Code Annotated 1953 35 72-2-504, Utah Code Annotated 1953 36 37 Be it enacted by the Legislature of the state of Utah: 38 Section 1. Section 59-12-2220 is amended to read: 39 59-12-2220 . County option sales and use tax to fund highways or a system for 40 public transit -- Base -- Rate. 41 (1) Subject to the other provisions of this part and subject to the requirements of this 42 section, the following counties may impose a sales and use tax under this section: 43 (a) a county legislative body may impose the sales and use tax on the transactions 44 described in Subsection 59-12-103(1) located within the county, including the cities 45 and towns within the county if: 46 (i) the entire boundary of a county is annexed into a large public transit district; and 47 (ii) the maximum amount of sales and use tax authorizations allowed pursuant to 48 Section 59-12-2203 and authorized under the following sections has been imposed: 49 (A) Section 59-12-2213; 50 (B) Section 59-12-2214; 51 (C) Section 59-12-2215; 52 (D) Section 59-12-2216; 53 (E) Section 59-12-2217; 54 (F) Section 59-12-2218; and 55 (G) Section 59-12-2219; 56 (b) if the county is not annexed into a large public transit district, the county legislative 57 body may impose the sales and use tax on the transactions described in Subsection 58 59-12-103(1) located within the county, including the cities and towns within the 59 county if: 60 (i) the county is an eligible political subdivision; or 61 (ii) a city or town within the boundary of the county is an eligible political - 2 - Enrolled Copy H.B. 502 62 subdivision; or 63 (c) a county legislative body of a county not described in Subsection (1)(a) or (1)(b) may 64 impose the sales and use tax on the transactions described in Subsection 59-12-103(1) 65 located within the county, including the cities and towns within the county. 66 (2) For purposes of Subsection (1) and subject to the other provisions of this section, a 67 county legislative body that imposes a sales and use tax under this section may impose 68 the tax at a rate of .2%. 69 (3)(a) The commission shall distribute sales and use tax revenue collected under this 70 section as determined by a county legislative body as described in Subsection (3)(b). 71 (b) If a county legislative body imposes a sales and use tax as described in this section, 72 the county legislative body may elect to impose a sales and use tax revenue 73 distribution as described in Subsection (4), (5), (6), or (7), depending on the class of 74 county, and presence and type of a public transit provider in the county. 75 (4) [If ] Subject to Subsection (11), if a county legislative body imposes a sales and use tax 76 as described in this section, and the entire boundary of the county is annexed into a large 77 public transit district, and the county is a county of the first class, the commission shall 78 distribute the sales and use tax revenue as follows: 79 (a) .10% to a public transit district as described in Subsection (11); 80 (b) .05% to the cities and towns as provided in Subsection (8); and 81 (c) .05% to the county legislative body. 82 (5) [If ] Subject to Subsection (11), if a county legislative body imposes a sales and use tax 83 as described in this section and the entire boundary of the county is annexed into a large 84 public transit district, and the county is a county not described in Subsection (4), the 85 commission shall distribute the sales and use tax revenue as follows: 86 (a) .10% to a public transit district as described in Subsection (11); 87 (b) .05% to the cities and towns as provided in Subsection (8); and 88 (c) .05% to the county legislative body. 89 (6)(a) Except as provided in Subsection [(12)(c)] (13)(c), if the entire boundary of a 90 county that imposes a sales and use tax as described in this section is not annexed 91 into a single public transit district, but a city or town within the county is annexed 92 into a single public transit district, or if the city or town is an eligible political 93 subdivision, the commission shall distribute the sales and use tax revenue collected 94 within the county as provided in Subsection (6)(b) or (c). 95 (b) For a city, town, or portion of the county described in Subsection (6)(a) that is - 3 - H.B. 502 Enrolled Copy 96 annexed into the single public transit district, or an eligible political subdivision, the 97 commission shall distribute the sales and use tax revenue collected within the portion 98 of the county that is within a public transit district or eligible political subdivision as 99 follows: 100 (i) .05% to a public transit provider as described in Subsection (11); 101 (ii) .075% to the cities and towns as provided in Subsection (8); and 102 (iii) .075% to the county legislative body. 103 (c) Except as provided in Subsection [(12)(c)] (13)(c), for a city, town, or portion of the 104 county described in Subsection (6)(a) that is not annexed into a single public transit 105 district or eligible political subdivision in the county, the commission shall distribute 106 the sales and use tax revenue collected within that portion of the county as follows: 107 (i) .08% to the cities and towns as provided in Subsection (8); and 108 (ii) .12% to the county legislative body. 109 (7) For a county without a public transit service that imposes a sales and use tax as 110 described in this section, the commission shall distribute the sales and use tax revenue 111 collected within the county as follows: 112 (a) .08% to the cities and towns as provided in Subsection (8); and 113 (b) .12% to the county legislative body. 114 (8)(a) Subject to Subsections (8)(b) and (c), the commission shall make the distributions 115 required by Subsections (4)(b), (5)(b), (6)(b)(ii), (6)(c)(i), and (7)(a) as follows: 116 (i) 50% of the total revenue collected under Subsections (4)(b), (5)(b), (6)(b)(ii), 117 (6)(c)(i), and (7)(a) within the counties that impose a tax under Subsections (4) 118 through (7) shall be distributed to the unincorporated areas, cities, and towns 119 within those counties on the basis of the percentage that the population of each 120 unincorporated area, city, or town bears to the total population of all of the 121 counties that impose a tax under this section; and 122 (ii) 50% of the total revenue collected under Subsections (4)(b), (5)(b), (6)(b)(ii), 123 (6)(c)(i), and (7)(a) within the counties that impose a tax under Subsections (4) 124 through (7) shall be distributed to the unincorporated areas, cities, and towns 125 within those counties on the basis of the location of the transaction as determined 126 under Sections 59-12-211 through 59-12-215. 127 (b)(i) Population for purposes of this Subsection (8) shall be determined on the basis 128 of the most recent official census or census estimate of the United States Census 129 Bureau. - 4 - Enrolled Copy H.B. 502 130 (ii) If a needed population estimate is not available from the United States Census 131 Bureau, population figures shall be derived from an estimate from the Utah 132 Population Estimates Committee created by executive order of the governor. 133 (c)(i) Beginning on January 1, 2024, if the Housing and Community Development 134 Division within the Department of Workforce Services determines that a city or 135 town is ineligible for funds in accordance with Subsection 10-9a-408(7), 136 beginning the first day of the calendar quarter after receiving 90 days' notice, the 137 commission shall distribute the distribution that city or town would have received 138 under Subsection (8)(a) to cities or towns to which Subsection 10-9a-408(7) does 139 not apply. 140 (ii) Beginning on January 1, 2024, if the Housing and Community Development 141 Division within the Department of Workforce Services determines that a county is 142 ineligible for funds in accordance with Subsection 17-27a-408(7), beginning the 143 first day of the calendar quarter after receiving 90 days' notice, the commission 144 shall distribute the distribution that county would have received under Subsection 145 (8)(a) to counties to which Subsection 17-27a-408(7) does not apply. 146 (9) If a public transit service is organized after the date a county legislative body first 147 imposes a tax under this section, a change in a distribution required by this section may 148 not take effect until the first distribution the commission makes under this section after a 149 90-day period that begins on the date the commission receives written notice from the 150 public transit provider that the public transit service has been organized. 151 (10)(a) Except as provided in Subsection (10)(b), a county, city, or town that received 152 distributions described in Subsections (4)(b), (4)(c), (5)(b), (5)(c), (6)(b)(ii), 153 (6)(b)(iii), (6)(c), and (7) may only expend those funds for a purpose described in 154 Section 59-12-2212.2. 155 (b) If a county described in Subsection (1)(a) that is a county of the first class imposes 156 the sales and use tax authorized in this section, the county may also use funds 157 distributed in accordance with Subsection (4)(c) for public safety purposes. 158 (11)(a) Subject to Subsections (11)(b), (c), and (d), revenue designated for public transit 159 as described in this section may be used for capital expenses and service delivery 160 expenses of: 161 (i) a public transit district; 162 (ii) an eligible political subdivision; or 163 (iii) another entity providing a service for public transit or a transit facility within the - 5 - H.B. 502 Enrolled Copy 164 relevant county, as those terms are defined in Section 17B-2a-802. 165 (b)(i)(A) If a county of the first class imposes a sales and use tax described in this 166 section, [for a three-year period following] beginning on the date on which the 167 county imposes the sales and use tax under this section, and for a three-year 168 period after at least three counties described in Subsections (4) and (5) have 169 imposed a tax under this section, or until June 30, 2030, whichever comes first, 170 revenue designated for public transit within a county of the first class as 171 described in Subsection (4)(a) shall be transferred to the County of the First 172 Class Highway Projects Fund created in Section 72-2-121. 173 (B) Revenue deposited into the County of the First Class Highway Projects Fund 174 created in Section 72-2-121 as described in Subsection (11)(b)(i)(A) may be 175 used for public transit innovation grants as provided in Title 72, Chapter 2, Part [ 176 3] 4, Public Transit Innovation Grants. 177 (ii) If a county of the first class imposes a sales and use tax described in this section, 178 beginning on the day three years after the date on which [the county imposed the 179 tax as described in Subsection (11)(b)(i)] at least three counties described in 180 Subsections (4) and (5) have imposed a tax under this section, or beginning on 181 July 1, 2030, whichever comes first, for revenue designated for public transit as 182 described in Subsection (4)(a): 183 (A) 50% of the revenue from a sales and use tax imposed under this section in a 184 county of the first class shall be transferred to the County of the First Class 185 Highway Projects Fund created in Section 72-2-121; and 186 (B) 50% of the revenue from a sales and use tax imposed under this section in a 187 county of the first class shall be transferred to the Transit Transportation 188 Investment Fund created in Subsection 72-2-124(9). 189 (c)(i) If a county that is not a county of the first class for which the entire boundary of 190 the county is annexed into a large public transit district imposes a sales and use 191 tax described in this section, beginning on the date on which the county imposes 192 the sales and use tax under this section, and for a three-year period following the 193 date on which [the county imposes the sales and use tax under this section,] at least 194 three counties described in Subsections (4) and (5) have imposed a tax under this 195 section, or until June 30, 2030, whichever comes first, revenue designated for 196 public transit as described in Subsection (5)(a) shall be transferred to the relevant 197 county legislative body to be used for a purpose described in Subsection (11)(a). - 6 - Enrolled Copy H.B. 502 198 (ii) If a county that is not a county of the first class for which the entire boundary of 199 the county is annexed into a large public transit district imposes a sales and use 200 tax described in this section, beginning on the day three years after the date on 201 which [the county imposed the tax as described in Subsection (11)(c)(i)] at least 202 three counties described in Subsections (4) and (5) have imposed a tax under this 203 section, or beginning on July 1, 2030, whichever comes first, for the revenue that 204 is designated for public transit in Subsection (5)(a): 205 (A) 50% shall be transferred to the Transit Transportation Investment Fund 206 created in Subsection 72-2-124(9); and 207 (B) 50% shall be transferred to the relevant county legislative body to be used for 208 a purpose described in Subsection (11)(a). 209 (d) Except as provided in Subsection [(12)(c)] (13)(c), for a county that imposes a sales 210 and use tax under this section, for revenue designated for public transit as described 211 in Subsection (6)(b)(i), the revenue shall be transferred to the relevant county 212 legislative body to be used for a purpose described in Subsection (11)(a). 213 (12) A large public transit district shall send notice to the commission at least 90 days 214 before the earlier of: 215 (a) the date that is three years after the date on which at least three counties described in 216 Subsections (4) and (5) have imposed a tax under this section; or 217 (b) June 30, 2030. 218 [(12)] (13)(a) Notwithstanding Section 59-12-2208, a county legislative body may, but is 219 not required to, submit an opinion question to the county's registered voters in 220 accordance with Section 59-12-2208 to impose a sales and use tax under this section. 221 (b) If a county passes an ordinance to impose a sales and use tax as described in this 222 section, the sales and use tax shall take effect on the first day of the calendar quarter 223 after a 90-day period that begins on the date the commission receives written notice 224 from the county of the passage of the ordinance. 225 (c) A county that imposed the local option sales and use tax described in this section 226 before January 1, 2023, may maintain that county's distribution allocation in place as 227 of January 1, 2023. 228 [(13)] (14)(a) Revenue collected from a sales and use tax under this section may not be 229 used to supplant existing General Fund appropriations that a county, city, or town 230 budgeted for transportation or public transit as of the date the tax becomes effective 231 for a county, city, or town. - 7 - H.B. 502 Enrolled Copy 232 (b) The limitation under Subsection [(13)(a)] (14)(a) does not apply to a designated 233 transportation or public transit capital or reserve account a county, city, or town 234 established before the date the tax becomes effective. 235 Section 2. Section 63B-34-101 is enacted to read: 236 CHAPTER 34. 2025 BONDING AND FINANCING AUTHORIZATIONS 237 Part 1. 2025 General Obligation Bonding Authorizations 238 63B-34-101 . Transportation bonds -- Maximum amount -- Use for 239 transportation projects related to affordable housing initiatives. 240 (1)(a) Subject to the restriction in Subsection (1)(c), the total amount of bonds issued 241 under this section may not exceed $70,000,000. 242 (b) When the Department of Transportation certifies to the commission the amount of 243 bond proceeds that the commission needs to provide funding for the projects 244 described in Subsection (2), the commission may issue and sell general obligation 245 bonds in an amount equal to the certified amount plus costs of issuance. 246 (c) The commission may not issue general obligation bonds authorized under this 247 section if the issuance for general obligation bonds would result in the total current 248 outstanding general obligation debt of the state exceeding 50% of the limitation 249 described in Utah Constitution, Article XIV, Section 1. 250 (2)(a) Proceeds from the bonds issued under this section shall be provided to the 251 Department of Transportation through the Transportation Investment Fund of 2005 252 created in Section 72-2-124 to pay for or to provide funds to public entities for costs 253 related to affordable housing initiatives as described in Subsection (2)(b). 254 (b) Bond proceeds described under Subsection (2)(a) shall be used to pay for 255 infrastructure to assist in affordable housing related grants and allocated as described 256 in Title 72, Chapter 2, Part 5, Affordable Housing Infrastructure Grants. 257 (c) The costs under this Subsection (2) may include the costs of acquiring land, interests 258 in land, easements and rights-of-way, the costs of improving sites, making all 259 improvements necessary, incidental, or convenient to the facilities, and the costs of 260 interest estimated to accrue on these bonds during the period to be covered by 261 construction of the projects plus a period of six months after the end of the 262 construction period, interest estimated to accrue on any bond anticipation notes 263 issued under the authority of this title, and all related engineering, architectural, and 264 legal fees. - 8 - Enrolled Copy H.B. 502 265 (3) The executive director of the Department of Transportation may allocate bond proceeds 266 under this section as provided in Title 72, Chapter 2, Part 5, Affordable Housing 267 Infrastructure Grants. 268 Section 3. Section 72-2-121 is amended to read: 269 72-2-121 . County of the First Class Highway Projects Fund. 270 (1) There is created a special revenue fund within the Transportation Fund known as the 271 "County of the First Class Highway Projects Fund." 272 (2) The fund consists of money generated from the following revenue sources: 273 (a) any voluntary contributions received for new construction, major renovations, and 274 improvements to highways within a county of the first class; 275 (b) the portion of the sales and use tax described in Subsection 59-12-2214(3)(b) 276 deposited into or transferred to the fund; 277 (c) the portion of the sales and use tax described in Section 59-12-2217 deposited into or 278 transferred to the fund; 279 (d) a portion of the local option highway construction and transportation corridor 280 preservation fee imposed in a county of the first class under Section 41-1a-1222 281 deposited into or transferred to the fund; and 282 (e) the portion of the sales and use tax transferred into the fund as described in 283 Subsections 59-12-2220(4)(a) and 59-12-2220(11)(b). 284 (3)(a) The fund shall earn interest. 285 (b) All interest earned on fund money shall be deposited into the fund. 286 (4) Subject to Subsection (11), the executive director shall use the fund money only: 287 (a) to pay debt service and bond issuance costs for bonds issued under Sections 288 63B-16-102, 63B-18-402, and 63B-27-102; 289 (b) for right-of-way acquisition, new construction, major renovations, and improvements 290 to highways within a county of the first class and to pay any debt service and bond 291 issuance costs related to those projects, including improvements to a highway located 292 within a municipality in a county of the first class where the municipality is located 293 within the boundaries of more than a single county; 294 (c) for the construction, acquisition, use, maintenance, or operation of: 295 (i) an active transportation facility for nonmotorized vehicles; 296 (ii) multimodal transportation that connects an origin with a destination; or 297 (iii) a facility that may include a: 298 (A) pedestrian or nonmotorized vehicle trail; - 9 - H.B. 502 Enrolled Copy 299 (B) nonmotorized vehicle storage facility; 300 (C) pedestrian or vehicle bridge; or 301 (D) vehicle parking lot or parking structure; 302 (d) to transfer to the 2010 Salt Lake County Revenue Bond Sinking Fund created by 303 Section 72-2-121.3 the amount required in Subsection 72-2-121.3(4)(c) minus the 304 amounts transferred in accordance with Subsection 72-2-124(4)(a)(iv); 305 (e) for a fiscal year beginning on or after July 1, 2013, to pay debt service and bond 306 issuance costs for $30,000,000 of the bonds issued under Section 63B-18-401 for the 307 projects described in Subsection 63B-18-401(4)(a); 308 (f) for a fiscal year beginning on or after July 1, 2013, and after the department has 309 verified that the amount required under Subsection 72-2-121.3(4)(c) is available in 310 the fund, to transfer an amount equal to 50% of the revenue generated by the local 311 option highway construction and transportation corridor preservation fee imposed 312 under Section 41-1a-1222 in a county of the first class: 313 (i) to the legislative body of a county of the first class; and 314 (ii) to be used by a county of the first class for: 315 (A) highway construction, reconstruction, or maintenance projects; or 316 (B) the enforcement of state motor vehicle and traffic laws; 317 (g) for a fiscal year beginning on or after July 1, 2015, after the department has verified 318 that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund 319 and the transfer under Subsection (4)(e) has been made, to annually transfer an 320 amount of the sales and use tax revenue imposed in a county of the first class and 321 deposited into the fund in accordance with Subsection 59-12-2214(3)(b) equal to an 322 amount needed to cover the debt to: 323 (i) the appropriate debt service or sinking fund for the repayment of bonds issued 324 under Section 63B-27-102; and 325 (ii) the appropriate debt service or sinking fund for the repayment of bonds issued 326 under Sections 63B-31-102 and 63B-31-103; 327 (h) after the department has verified that the amount required under Subsection 328 72-2-121.3(4)(c) is available in the fund and after the transfer under Subsection (4)(d), 329 the payment under Subsection (4)(e), and the transfer under Subsection (4)(g)(i) has 330 been made, to annually transfer $2,000,000 to a public transit district in a county of 331 the first class to fund a system for public transit; 332 (i) for a fiscal year beginning on or after July 1, 2018, after the department has verified - 10 - Enrolled Copy H.B. 502 333 that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund 334 and after the transfer under Subsection (4)(d), the payment under Subsection (4)(e), 335 and the transfer under Subsection (4)(g)(i) has been made, through fiscal year 2027, 336 to annually transfer 20%, and beginning with fiscal year 2028, and each year 337 thereafter for 20 years, to annually transfer 33% of the amount deposited into the 338 fund under Subsection (2)(b)[:] 339 [(i)] to the legislative body of a county of the first class[; and] for the following 340 purposes: 341 [(ii)] (i) to fund parking facilities in a county of the first class that facilitate significant 342 economic development and recreation and tourism within the state; and 343 (ii) to be used for purposes allowed in Section 17-31-2; 344 (j) subject to Subsection (5), for a fiscal year beginning on or after July 1, 2021, and for 345 15 years thereafter, to annually transfer the following amounts to the following cities 346 and the county of the first class for priority projects to mitigate congestion and 347 improve transportation safety: 348 (i) $2,000,000 to Sandy; 349 (ii) $2,300,000 to Taylorsville; 350 (iii) $1,100,000 to Salt Lake City; 351 (iv) $1,100,000 to West Jordan; 352 (v) $1,100,000 to West Valley City; 353 (vi) $800,000 to Herriman; 354 (vii) $700,000 to Draper; 355 (viii) $700,000 to Riverton; 356 (ix) $700,000 to South Jordan; 357 (x) $500,000 to Bluffdale; 358 (xi) $500,000 to Midvale; 359 (xii) $500,000 to Millcreek; 360 (xiii) $500,000 to Murray; 361 (xiv) $400,000 to Cottonwood Heights; and 362 (xv) $300,000 to Holladay;[ and] 363 (k) for the 2024-25[ and] , 2025-26, and 2026-27 fiscal years, and subject to revenue 364 balances after the distributions under Subsection (4)(j), to reimburse the following 365 municipalities for the amounts and projects indicated, as each project progresses and 366 as revenue balances allow: - 11 - H.B. 502 Enrolled Copy 367 (i) $3,200,000 to South Jordan for improvements to Bingham Rim Road from 368 Grandville Avenue to Mountain View Corridor; 369 (ii) $1,960,000 to Midvale for improvements to Center Street between State Street 370 and 700 West; 371 (iii) $3,500,000 to Salt Lake City for first and last mile public transit improvements 372 throughout Salt Lake City; 373 (iv) $1,500,000 to Cottonwood Heights for improvements to Fort Union Boulevard 374 and 2300 East; 375 (v) $3,450,000 to Draper for improvements to Bangerter Highway between 13800 376 South and I-15; 377 (vi) $10,500,000 to Herriman to construct a road between U-111 and 13200 South; 378 (vii) $3,000,000 to West Jordan for improvements to 1300 West; 379 (viii) $1,050,000 to Riverton for improvements to the Welby Jacob Canal trail 380 between 11800 South and 13800 South; 381 (ix) $3,500,000 to Taylorsville for improvements to Bangerter Highway and 4700 382 South; 383 (x) $470,000 to the department for construction of a sound wall on Bangerter 384 Highway at approximately 11200 South; 385 (xi) $1,250,000 to Murray for improvements to Murray Boulevard between 4800 386 South and 5300 South; 387 [(xii) $1,450,000 to West Valley for construction of a road connecting 5400 South to 388 U-111;] 389 [(xiii)] (xii) $1,840,000 to Magna for construction and improvements to 8400 West 390 and 4100 South; 391 [(xiv)] (xiii) $1,000,000 to South Jordan for construction of arterial roads connecting 392 U-111 and Old Bingham Highway; 393 [(xv)] (xiv) $1,200,000 to Millcreek for reconstruction of and improvements to 2000 394 East between 3300 South and Atkin Avenue; 395 [(xvi)] (xv) $1,230,000 to Holladay for improvements to Highland Drive between 396 Van Winkle Expressway and Arbor Lane; 397 [(xvii) $1,800,000 to West Valley City for improvements to 4000 West between 4100 398 South and 4700 South and improvements to 4700 South from 4000 West to 399 Bangerter Highway; and] 400 [(xviii)] (xvi) $1,000,000 to Taylorsville for improvements to 4700 South at the I-215 - 12 - Enrolled Copy H.B. 502 401 interchange[.] ; 402 (xvii) $3,750,000 to West Valley City for improvements to 4000 West between 4100 403 South and 4700 South and improvements to 4700 South from 4000 West to 404 Bangerter Highway; 405 (xviii) $1,700,000 to South Jordan for improvements to Prosperity Road between 406 Crimson View Drive and Copper Hawk Drive; 407 (xix) $2,300,000 to West Valley City for a road connecting U-111 at approximately 408 6200 South, then east and turning north and connecting to 5400 South; 409 (xx) $1,400,000 to Magna for improvements to 8000 West between 3500 South to 410 4100 South; 411 (xxi) $1,300,000 to Taylorsville for improvements on 4700 South between Redwood 412 Road and 2700 West; and 413 (xxii) $3,000,000 to West Jordan for improvements to 1300 West between 6600 414 South and 7800 South; and 415 (l) for a fiscal year beginning on or after July 1, 2026, and for 15 years thereafter, to pay 416 debt service and bond issuance costs for $70,000,000 of the bonds issued under 417 Section 63B-34-101 for the grants awarded under Part 5, Affordable Housing 418 Infrastructure Grants. 419 (5)(a) If revenue in the fund is insufficient to satisfy all of the transfers described in 420 Subsection (4)(j), the executive director shall proportionately reduce the amounts 421 transferred as described in Subsection (4)(j). 422 (b) A local government may not use revenue described in Subsection (4)(j) to supplant 423 existing class B or class C road funds that a local government has budgeted for 424 transportation projects. 425 (6) The revenues described in Subsections (2)(b), (c), and (d) that are deposited into the 426 fund and bond proceeds from bonds issued under Sections 63B-16-102, 63B-18-402, 427 and 63B-27-102 are considered a local matching contribution for the purposes described 428 under Section 72-2-123. 429 (7) The department may expend up to $3,000,000 of revenue deposited into the account as 430 described in Subsection 59-12-2220(11)(b) for public transit innovation grants, as 431 provided in Part [3] 4, Public Transit Innovation Grants. 432 (8) The additional administrative costs of the department to administer this fund shall be 433 paid from money in the fund. 434 (9) Subject to Subsection (11), and notwithstanding any statutory or other restrictions on - 13 - H.B. 502 Enrolled Copy 435 the use or expenditure of the revenue sources deposited into this fund, the Department of 436 Transportation may use the money in this fund for any of the purposes detailed in 437 Subsection (4). 438 (10) Subject to Subsection (11), any revenue deposited into the fund as described in 439 Subsection (2)(e) shall be used to provide funding or loans for public transit projects, 440 operations, and supporting infrastructure in the county of the first class. 441 (11) For the first three years after a county of the first class imposes a sales and use tax 442 authorized in Section 59-12-2220, revenue deposited into the fund as described in 443 Subsection (2)(e) shall be allocated as follows: 444 (a) 10% to the department to construct an express bus facility on 5600 West; and 445 (b) 90% into the County of the First Class Infrastructure Bank Fund created in Section 446 72-2-302. 447 Section 4. Section 72-2-124 is amended to read: 448 72-2-124 . Transportation Investment Fund of 2005. 449 (1) There is created a capital projects fund entitled the Transportation Investment Fund of 450 2005. 451 (2) The fund consists of money generated from the following sources: 452 (a) any voluntary contributions received for the maintenance, construction, 453 reconstruction, or renovation of state and federal highways; 454 (b) appropriations made to the fund by the Legislature; 455 (c) registration fees designated under Section 41-1a-1201; 456 (d) the sales and use tax revenues deposited into the fund in accordance with Section 457 59-12-103;[ and] 458 (e) revenues transferred to the fund in accordance with Section 72-2-106[.] ; 459 (f) revenues transferred into the fund in accordance with Subsection 72-2-121(4)(l); and 460 (g) revenue from bond proceeds described in Section 63B-34-101. 461 (3)(a) The fund shall earn interest. 462 (b) All interest earned on fund money shall be deposited into the fund. 463 (4)(a) Except as provided in Subsection (4)(b), the executive director may only use fund 464 money to pay: 465 (i) the costs of maintenance, construction, reconstruction, or renovation to state and 466 federal highways prioritized by the Transportation Commission through the 467 prioritization process for new transportation capacity projects adopted under 468 Section 72-1-304; - 14 - Enrolled Copy H.B. 502 469 (ii) the costs of maintenance, construction, reconstruction, or renovation to the 470 highway projects described in Subsections 63B-18-401(2), (3), and (4); 471 (iii) principal, interest, and issuance costs of bonds authorized by Section 63B-18-401 472 minus the costs paid from the County of the First Class Highway Projects Fund in 473 accordance with Subsection 72-2-121(4)(e); 474 (iv) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010 Salt 475 Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the 476 amount certified by Salt Lake County in accordance with Subsection 72-2-121.3 477 (4)(c) as necessary to pay the debt service on $30,000,000 of the revenue bonds 478 issued by Salt Lake County; 479 (v) principal, interest, and issuance costs of bonds authorized by Section 63B-16-101 480 for projects prioritized in accordance with Section 72-2-125; 481 (vi) all highway general obligation bonds that are intended to be paid from revenues 482 in the Centennial Highway Fund created by Section 72-2-118; 483 (vii) for fiscal year 2015-16 only, to transfer $25,000,000 to the County of the First 484 Class Highway Projects Fund created in Section 72-2-121 to be used for the 485 purposes described in Section 72-2-121; 486 (viii) if a political subdivision provides a contribution equal to or greater than 40% of 487 the costs needed for construction, reconstruction, or renovation of paved 488 pedestrian or paved nonmotorized transportation for projects that: 489 (A) mitigate traffic congestion on the state highway system; 490 (B) are part of an active transportation plan approved by the department; and 491 (C) are prioritized by the commission through the prioritization process for new 492 transportation capacity projects adopted under Section 72-1-304; 493 (ix) $705,000,000 for the costs of right-of-way acquisition, construction, 494 reconstruction, or renovation of or improvement to the following projects: 495 (A) the connector road between Main Street and 1600 North in the city of 496 Vineyard; 497 (B) Geneva Road from University Parkway to 1800 South; 498 (C) the SR-97 interchange at 5600 South on I-15; 499 (D) subject to Subsection (4)(c), two lanes on U-111 from Herriman Parkway to 500 South Jordan Parkway; 501 (E) widening I-15 between mileposts 10 and 13 and the interchange at milepost 11; 502 (F) improvements to 1600 North in Orem from 1200 West to State Street; - 15 - H.B. 502 Enrolled Copy 503 (G) widening I-15 between mileposts 6 and 8; 504 (H) widening 1600 South from Main Street in the city of Spanish Fork to SR-51; 505 (I) widening US 6 from Sheep Creek to Mill Fork between mileposts 195 and 197 506 in Spanish Fork Canyon; 507 (J) I-15 northbound between mileposts 43 and 56; 508 (K) a passing lane on SR-132 between mileposts 41.1 and 43.7 between mileposts 509 43 and 45.1; 510 (L) east Zion SR-9 improvements; 511 (M) Toquerville Parkway; 512 (N) an environmental study on Foothill Boulevard in the city of Saratoga Springs; 513 (O) using funds allocated in this Subsection (4)(a)(ix), and other sources of funds, 514 for construction of an interchange on Bangerter Highway at 13400 South; and 515 (P) an environmental impact study for Kimball Junction in Summit County; [and] 516 (x) $28,000,000 as pass-through funds, to be distributed as necessary to pay project 517 costs based upon a statement of cash flow that the local jurisdiction where the 518 project is located provides to the department demonstrating the need for money 519 for the project, for the following projects in the following amounts: 520 (A) $5,000,000 for Payson Main Street repair and replacement; 521 (B) $8,000,000 for a Bluffdale 14600 South railroad bypass; 522 (C) $5,000,000 for improvements to 4700 South in Taylorsville; and 523 (D) $10,000,000 for improvements to the west side frontage roads adjacent to U.S. 524 40 between mile markers 7 and 10[.] ; and 525 (xi) $13,000,000 as pass-through funds to Spanish Fork for the costs of right-of-way 526 acquisition, construction, reconstruction, or renovation to connect Fingerhut Road 527 over the railroad and to U.S. Highway 6. 528 (b) The executive director may use fund money to exchange for an equal or greater 529 amount of federal transportation funds to be used as provided in Subsection (4)(a). 530 (c)(i) Construction related to the project described in Subsection (4)(a)(ix)(D) may 531 not commence until a right-of-way not owned by a federal agency that is required 532 for the realignment and extension of U-111, as described in the department's 2023 533 environmental study related to the project, is dedicated to the department. 534 (ii) Notwithstanding Subsection (4)(c)(i), if a right-of-way is not dedicated for the 535 project as described in Subsection (4)(c)(i) on or before October 1, 2024, the 536 department may proceed with the project, except that the project will be limited to - 16 - Enrolled Copy H.B. 502 537 two lanes on U-111 from Herriman Parkway to 11800 South. 538 (5)(a) Except as provided in Subsection (5)(b), if the department receives a notice of 539 ineligibility for a municipality as described in Subsection 10-9a-408(7), the executive 540 director may not program fund money to a project prioritized by the commission 541 under Section 72-1-304, including fund money from the Transit Transportation 542 Investment Fund, within the boundaries of the municipality until the department 543 receives notification from the Housing and Community Development Division within 544 the Department of Workforce Services that ineligibility under this Subsection (5) no 545 longer applies to the municipality. 546 (b) Within the boundaries of a municipality described in Subsection (5)(a), the executive 547 director: 548 (i) may program fund money in accordance with Subsection (4)(a) for a 549 limited-access facility or interchange connecting limited-access facilities; 550 (ii) may not program fund money for the construction, reconstruction, or renovation 551 of an interchange on a limited-access facility; 552 (iii) may program Transit Transportation Investment Fund money for a 553 multi-community fixed guideway public transportation project; and 554 (iv) may not program Transit Transportation Investment Fund money for the 555 construction, reconstruction, or renovation of a station that is part of a fixed 556 guideway public transportation project. 557 (c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive 558 director before July 1, 2022, for projects prioritized by the commission under Section 559 72-1-304. 560 (6)(a) Except as provided in Subsection (6)(b), if the department receives a notice of 561 ineligibility for a county as described in Subsection 17-27a-408(7), the executive 562 director may not program fund money to a project prioritized by the commission 563 under Section 72-1-304, including fund money from the Transit Transportation 564 Investment Fund, within the boundaries of the unincorporated area of the county until 565 the department receives notification from the Housing and Community Development 566 Division within the Department of Workforce Services that ineligibility under this 567 Subsection (6) no longer applies to the county. 568 (b) Within the boundaries of the unincorporated area of a county described in Subsection 569 (6)(a), the executive director: 570 (i) may program fund money in accordance with Subsection (4)(a) for a - 17 - H.B. 502 Enrolled Copy 571 limited-access facility to a project prioritized by the commission under Section 572 72-1-304; 573 (ii) may not program fund money for the construction, reconstruction, or renovation 574 of an interchange on a limited-access facility; 575 (iii) may program Transit Transportation Investment Fund money for a 576 multi-community fixed guideway public transportation project; and 577 (iv) may not program Transit Transportation Investment Fund money for the 578 construction, reconstruction, or renovation of a station that is part of a fixed 579 guideway public transportation project. 580 (c) Subsections (6)(a) and (b) do not apply to a project programmed by the executive 581 director before July 1, 2022, for projects prioritized by the commission under Section 582 72-1-304. 583 (7)(a) Before bonds authorized by Section 63B-18-401 or 63B-27-101 may be issued in 584 any fiscal year, the department and the commission shall appear before the Executive 585 Appropriations Committee of the Legislature and present the amount of bond 586 proceeds that the department needs to provide funding for the projects identified in 587 Subsections 63B-18-401(2), (3), and (4) or Subsection 63B-27-101(2) for the current 588 or next fiscal year. 589 (b) The Executive Appropriations Committee of the Legislature shall review and 590 comment on the amount of bond proceeds needed to fund the projects. 591 (8) The Division of Finance shall, from money deposited into the fund, transfer the amount 592 of funds necessary to pay principal, interest, and issuance costs of bonds authorized by 593 Section 63B-18-401 or 63B-27-101 in the current fiscal year to the appropriate debt 594 service or sinking fund. 595 (9)(a) There is created in the Transportation Investment Fund of 2005 the Transit 596 Transportation Investment Fund. 597 (b) The fund shall be funded by: 598 (i) contributions deposited into the fund in accordance with Section 59-12-103; 599 (ii) appropriations into the account by the Legislature; 600 (iii) deposits of sales and use tax increment related to a housing and transit 601 reinvestment zone as described in Section 63N-3-610; 602 (iv) transfers of local option sales and use tax revenue as described in Subsection 603 59-12-2220(11)(b) or (c); 604 (v) private contributions; and - 18 - Enrolled Copy H.B. 502 605 (vi) donations or grants from public or private entities. 606 (c)(i) The fund shall earn interest. 607 (ii) All interest earned on fund money shall be deposited into the fund. 608 (d) Subject to Subsection (9)(e), the commission may prioritize money from the fund: 609 (i) for public transit capital development of new capacity projects and fixed guideway 610 capital development projects to be used as prioritized by the commission through 611 the prioritization process adopted under Section 72-1-304; 612 (ii) to the department for oversight of a fixed guideway capital development project 613 for which the department has responsibility; or 614 (iii) up to $500,000 per year, to be used for a public transit study. 615 (e)(i) Subject to Subsections (9)(g), (h), and (i), the commission may only prioritize 616 money from the fund for a public transit capital development project or pedestrian 617 or nonmotorized transportation project that provides connection to the public 618 transit system if the public transit district or political subdivision provides funds of 619 equal to or greater than 30% of the costs needed for the project. 620 (ii) A public transit district or political subdivision may use money derived from a 621 loan granted pursuant to [Title 72, Chapter 2, ]Part 2, State Infrastructure Bank 622 Fund, to provide all or part of the 30% requirement described in Subsection 623 (9)(e)(i) if: 624 (A) the loan is approved by the commission as required in [Title 72, Chapter 2, ] 625 Part 2, State Infrastructure Bank Fund; and 626 (B) the proposed capital project has been prioritized by the commission pursuant 627 to Section 72-1-303. 628 (f) Before July 1, 2022, the department and a large public transit district shall enter into 629 an agreement for a large public transit district to pay the department $5,000,000 per 630 year for 15 years to be used to facilitate the purchase of zero emissions or low 631 emissions rail engines and trainsets for regional public transit rail systems. 632 (g) For any revenue transferred into the fund pursuant to Subsection 59-12-2220(11)(b): 633 (i) the commission may prioritize money from the fund for public transit projects, 634 operations, or maintenance within the county of the first class; and 635 (ii) Subsection (9)(e) does not apply. 636 (h) For any revenue transferred into the fund pursuant to Subsection 59-12-2220(11)(c): 637 (i) the commission may prioritize public transit projects, operations, or maintenance 638 in the county from which the revenue was generated; and - 19 - H.B. 502 Enrolled Copy 639 (ii) Subsection (9)(e) does not apply. 640 (i) The requirement to provide funds equal to or greater than 30% of the costs needed for 641 the project described in Subsection (9)(e) does not apply to a public transit capital 642 development project or pedestrian or nonmotorized transportation project that the 643 department proposes. 644 (j) In accordance with Part [3] 4, Public Transit Innovation Grants, the commission may 645 prioritize money from the fund for public transit innovation grants, as defined in 646 Section 72-2-401, for public transit capital development projects requested by a 647 political subdivision within a public transit district. 648 (10)(a) There is created in the Transportation Investment Fund of 2005 the Cottonwood 649 Canyons Transportation Investment Fund. 650 (b) The fund shall be funded by: 651 (i) money deposited into the fund in accordance with Section 59-12-103; 652 (ii) appropriations into the account by the Legislature; 653 (iii) private contributions; and 654 (iv) donations or grants from public or private entities. 655 (c)(i) The fund shall earn interest. 656 (ii) All interest earned on fund money shall be deposited into the fund. 657 (d) The Legislature may appropriate money from the fund for public transit or 658 transportation projects in the Cottonwood Canyons of Salt Lake County. 659 (e) The department may use up to 2% of the revenue deposited into the account under 660 Subsection 59-12-103(7)(b) to contract with local governments as necessary for 661 public safety enforcement related to the Cottonwood Canyons of Salt Lake County. 662 (f) Beginning with fiscal year beginning on July 1, 2025, the department shall use any 663 sales and use tax growth over sales and use tax collections during the 2025 fiscal year 664 to fund projects to provide ingress and egress for a public transit hub, including 665 construction of the public transit hub, in the Big Cottonwood Canyon area. 666 (11)(a) There is created in the Transportation Investment Fund of 2005 the Active 667 Transportation Investment Fund. 668 (b) The fund shall be funded by: 669 (i) money deposited into the fund in accordance with Section 59-12-103; 670 (ii) appropriations into the account by the Legislature; and 671 (iii) donations or grants from public or private entities. 672 (c)(i) The fund shall earn interest. - 20 - Enrolled Copy H.B. 502 673 (ii) All interest earned on fund money shall be deposited into the fund. 674 (d) The executive director may only use fund money to pay the costs needed for: 675 (i) the planning, design, construction, maintenance, reconstruction, or renovation of 676 paved pedestrian or paved nonmotorized trail projects that: 677 (A) are prioritized by the commission through the prioritization process for new 678 transportation capacity projects adopted under Section 72-1-304; 679 (B) serve a regional purpose; and 680 (C) are part of an active transportation plan approved by the department or the 681 plan described in Subsection (11)(d)(ii); 682 (ii) the development of a plan for a statewide network of paved pedestrian or paved 683 nonmotorized trails that serve a regional purpose; and 684 (iii) the administration of the fund, including staff and overhead costs. 685 (12)(a) As used in this Subsection (12), "commuter rail" means the same as that term is 686 defined in Section 63N-3-602. 687 (b) There is created in the Transit Transportation Investment Fund the Commuter Rail 688 Subaccount. 689 (c) The subaccount shall be funded by: 690 (i) contributions deposited into the subaccount in accordance with Section 59-12-103; 691 (ii) appropriations into the subaccount by the Legislature; 692 (iii) private contributions; and 693 (iv) donations or grants from public or private entities. 694 (d)(i) The subaccount shall earn interest. 695 (ii) All interest earned on money in the subaccount shall be deposited into the 696 subaccount. 697 (e) As prioritized by the commission through the prioritization process adopted under 698 Section 72-1-304 or as directed by the Legislature, the department may only use 699 money from the subaccount for projects that improve the state's commuter rail 700 infrastructure, including the building or improvement of grade-separated crossings 701 between commuter rail lines and public highways. 702 (f) Appropriations made in accordance with this section are nonlapsing in accordance 703 with Section 63J-1-602.1. 704 Section 5. Section 72-2-302 is amended to read: 705 72-2-302 . County of the First Class Infrastructure Bank Fund -- Creation -- Use 706 of money. - 21 - H.B. 502 Enrolled Copy 707 (1) There is created a revolving loan fund entitled the County of the First Class 708 Infrastructure Bank Fund. 709 (2)(a) The fund consists of money generated from the following revenue sources: 710 (i) deposits into the fund in accordance with Subsection 72-2-121(9); 711 (ii) appropriations made to the fund by the Legislature; 712 (iii) federal money and grants that are deposited into the fund; 713 (iv) money transferred to the fund by the commission from other money available to 714 the department; 715 (v) state grants that are deposited into the fund; 716 (vi) contributions or grants from any other private or public sources for deposit into 717 the fund; and 718 (vii) subject to Subsection (2)(b) and Section 72-2-306, all money collected from 719 repayments of fund money used for infrastructure loans or infrastructure 720 assistance. 721 (b) When a loan from the fund is repaid, the department may request and the Legislature 722 may transfer from the fund to the source from which the money originated an amount 723 equal to the repaid loan. 724 (3)(a) The fund shall earn interest. 725 (b) All interest earned on fund money shall be deposited into the fund. 726 (4)(a) [Money ] Except as provided in Subsection (4)(b), money in the fund shall be used 727 by the department, as prioritized by the commission, only to: 728 [(a)] (i) provide infrastructure loans or infrastructure assistance; and 729 [(b)] (ii) pay the department for the costs of administering the fund, providing 730 infrastructure loans or infrastructure assistance, monitoring transportation projects 731 and publicly owned infrastructure projects, and obtaining repayments of 732 infrastructure loans or infrastructure assistance. 733 (b) Notwithstanding Subsection (4)(a), money in the fund shall be used by the 734 department to provide funds in the following order of priority: 735 (i) a $20,000,000 loan to Draper for the renovation of existing water pipelines and the 736 expansion of drinking water infrastructure; 737 (ii) a $5,000,000 loan to Herriman for the mitigation and replacement of impacted 738 soils; 739 (iii) a $9,000,000 grant to the County of the First Class Highway Projects Fund 740 created in Section 72-2-121; - 22 - Enrolled Copy H.B. 502 741 (iv) a $4,000,000 grant to Metropolitan Water District of Salt Lake and Sandy for the 742 Little Cottonwood Creek conduit connecting to the water treatment plant; 743 (v) a $2,000,000 grant to Draper for construction, expansion, and renovation of new 744 and existing drinking water infrastructure; 745 (vi) a $2,000,000 grant to West Jordan for improvements to 6700 West between 9000 746 South and New Bingham Highway; 747 (vii) a $2,500,000 grant to Riverton for improvements to 2700 West between 13400 748 South and Bangerter Highway; and 749 (viii) a $30,000,000 grant to Bluffdale for construction of a multiple lane, 750 grade-separated rail crossing at 1000 West and 14600 South. 751 (5)(a) The department may establish separate accounts in the fund for infrastructure 752 loans, infrastructure assistance, administrative and operating expenses, or any other 753 purpose to implement this part. 754 (b) Prioritization of infrastructure loans described in Subsection (5)(a) shall follow the 755 same process as described in Section 72-2-303. 756 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 757 department may make rules governing how the fund and its accounts may be held by 758 an escrow agent. 759 (6) Fund money shall be invested by the state treasurer as provided in Title 51, Chapter 7, 760 State Money Management Act, and the earnings from the investments shall be credited 761 to the fund. 762 Section 6. Section 72-2-306 is amended to read: 763 72-2-306 . Distribution of funds after repayment. 764 (1) Any money deposited into the fund from repayment of a loan or interest issued under 765 this part shall be distributed as described in this section. 766 (2) As the department receives repayment of a loan and interest issued under this part, the 767 department shall distribute: 768 (a) [50%] 95% of the money to Sandy, for a bridge connecting a commuter rail station on 769 the west side of I-15 with property owned by Sandy City at approximately 10240 770 South Monroe Street on the east side of I-15; and 771 (b) 5% to the department for improvements to 12600 South in Riverton to facilitate a 772 jurisdictional transfer of the road from Riverton to the state. 773 [(b) 30% of the money to Bluffdale, for construction of a multiple lane, grade-separated 774 rail crossing at 1000 West and 14600 South; and] - 23 - H.B. 502 Enrolled Copy 775 [(c) 20% of the money to the department, to construct and provide enhanced ingress and 776 egress to a transit mobility center on property north of Big Cottonwood Canyon.] 777 Section 7. Section 72-2-501 is enacted to read: 778 Part 5. Affordable Housing Infrastructure Grants 779 72-2-501 . Definitions. 780 As used in this part: 781 (1) "Affordable housing unit" means a dwelling that: 782 (a) is offered for rent at a rental price affordable to a household with a gross income of 783 no more than 80% of the area median income for the county in which the residential 784 unit is offered for rent; or 785 (b) is offered for sale to an owner-occupier at a purchase price affordable to a household 786 with a gross income of no more than 120% of the area median income for the county 787 in which the residential unit is offered for sale and is deed restricted for no fewer than 788 five years. 789 (2) "Board" means the affordable housing infrastructure grant board created in Section 790 72-2-503. 791 (3) "Grant" means a grant issued to a public entity in a county of the first class as provided 792 in this part. 793 Section 8. Section 72-2-502 is enacted to read: 794 72-2-502 . Affordable housing infrastructure grant funding sources. 795 (1) In accordance with Section 72-2-503, the board may rank, prioritize, and award 796 affordable housing infrastructure grants to public entities within a county of the first 797 class with money derived from the following sources: 798 (a) bond proceeds deposited into the Transportation Investment Fund of 2005 created in 799 Section 72-2-124 in accordance with a bond issued under Section 63B-34-101; 800 (b) appropriations by the Legislature; and 801 (c) any other transfers or contributions. 802 (2) Administrative costs of the department to administer affordable housing infrastructure 803 grants under this part shall be paid from the funds described in Subsection (1). 804 Section 9. Section 72-2-503 is enacted to read: 805 72-2-503 . Board creation -- Duties -- Grant administration. 806 (1) There is created the affordable housing infrastructure grant board consisting of the 807 following members: 808 (a) the executive director of the department, or the executive director's designee; - 24 - Enrolled Copy H.B. 502 809 (b) the executive director of the Governor's Office of Economic Opportunity appointed 810 under Section 63N-1a-302, or the executive director's designee; and 811 (c) an employee of the governor's office that is an expert or advisor on housing strategy, 812 appointed by the governor. 813 (2)(a) The Governor's Office of Economic Opportunity shall provide staff support for 814 the board and the grant program. 815 (b) The Governor's Office of Economic Opportunity may use and the department shall 816 transfer grant funds for the costs of the Governor's Office of Economic Opportunity 817 to administer the grant program under this part. 818 (c) The Governor's Office of Economic Opportunity and the department shall enter into 819 a memorandum of understanding to facilitate the calculation and transfer of funds for 820 the administrative costs described in Subsection (2)(b). 821 (3) The Governor's Office of Economic Opportunity, in consultation with the board, shall 822 develop a process for the prioritization of grant proposals that includes: 823 (a) instructions on making and submitting a grant proposal; 824 (b) methodology for selecting grants; and 825 (c) methodology for awarding grants. 826 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 827 Governor's Office of Economic Opportunity shall make rules to establish the process 828 described in Subsection (3) and as otherwise necessary to implement this part. 829 (5) The board shall: 830 (a) accept grant applications; 831 (b) rank grant proposals; and 832 (c) award grants in accordance with this part. 833 (6) A grant applicant shall ensure that each grant proposal includes: 834 (a) information about the proposed project, including the projected number of affordable 835 housing units, which may not be less than 50 units of affordable housing; 836 (b) the projected time line of the proposed project; 837 (c) data and information regarding the proposed types of affordable housing; and 838 (d) information about the public infrastructure and other improvements needed. 839 (7)(a) In considering a grant proposal, the board shall consider criteria including: 840 (i) the value and number of housing units the project will produce; 841 (ii) the value of any matching contribution from the grant applicant, including 842 information about how the public entity determined the value of the matching - 25 - H.B. 502 Enrolled Copy 843 assets; and 844 (iii) any other criteria the board determines relevant. 845 (b) For a grant proposal including highway infrastructure, the board may not award a 846 grant unless the grant applicant provides a minimum matching contribution of the 847 right-of-way needed for the highway improvements. 848 (c) If a grant proposal includes highway infrastructure, the board shall give priority to 849 the construction of public highways that are highways of regional significance that 850 connect to other highways or points of regional significance. 851 (8)(a) Subject to available funding, and subject to Subsection (8)(b), the board may 852 award a grant to a recipient that the board determines advisable. 853 (b) For every $20,000 of grant funding awarded to a recipient, the infrastructure shall 854 support at least one unit of affordable housing. 855 (c) The board may not award a grant to a recipient if the board determines that the 856 recipient will not be able to satisfy the requirement under Subsection (8)(b). 857 (9) If the board approves the award of a grant as provided in this part, the department shall 858 transfer the money to the grant recipient in accordance with Subsection (10). 859 (10)(a) Before the department may provide grant money to a public entity for a project 860 related to a grant awarded by the board, the public entity shall provide a detailed cost 861 estimate of costs to complete the planning and design of the project. 862 (b) If the executive director approves the cost estimate described in Subsection (10)(a), 863 the department may provide to the public entity grant money reasonably necessary to 864 complete the planning and design of the project. 865 (c) After completion of the planning and design of a project related to a grant awarded 866 by the board, the public entity shall provide to the department a detailed estimate of 867 the costs to construct and complete the project described in Subsection (10)(b). 868 (d) If the executive director approves the cost estimates described in Subsection (10)(c), 869 the department may provide grant money to a public entity to construct and complete 870 the project described in Subsection (10)(b). 871 Section 10. Section 72-2-504 is enacted to read: 872 72-2-504 . Report. 873 (1) On or before September 1 of each year during the life of a project related to a grant 874 awarded by the board, a recipient of grant money under this part shall provide a written 875 report to the board. 876 (2) The report described in Subsection (1) shall include: - 26 - Enrolled Copy H.B. 502 877 (a) the amount of money provided through the grant; 878 (b) an accounting of how the grant money has been utilized; 879 (c) the progress of the project; and 880 (d) the number of affordable housing units completed or under construction. 881 Section 11. Effective Date. 882 This bill takes effect on May 7, 2025. - 27 -