Enrolled Copy S.B. 174
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Transit and Transportation Governance Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: Kay J. Christofferson
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LONG TITLE
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General Description:
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This bill amends provisions related to the governance of public transit districts.
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Highlighted Provisions:
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This bill:
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▸ amends and reallocates the roles of the board of trustees, executive director, and local
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advisory council of a large public transit district;
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▸ requires all fixed guideway capital development projects of a large public transit district
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to be under the supervision of the Department of Transportation, regardless of whether
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the project includes state funding;
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▸ modifies provisions related to public transit planning;
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▸ requires a large public transit district to provide a report regarding contracting for reduced
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fares;
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▸ amends levels of contracts of a large public transit district that require approval of the
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board of trustees; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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17B-2a-802, as last amended by Laws of Utah 2024, Chapter 498
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17B-2a-808.1, as last amended by Laws of Utah 2024, Chapter 498
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17B-2a-808.2, as last amended by Laws of Utah 2024, Chapter 517 S.B. 174 Enrolled Copy
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17B-2a-810, as last amended by Laws of Utah 2018, Chapter 424
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17B-2a-811.1, as enacted by Laws of Utah 2018, Chapter 424
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72-1-203, as last amended by Laws of Utah 2024, Chapter 517
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 17B-2a-802 is amended to read:
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17B-2a-802 . Definitions.
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As used in this part:
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(1) "Affordable housing" means housing occupied or reserved for occupancy by households
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that meet certain gross household income requirements based on the area median income
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for households of the same size.
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(a) "Affordable housing" may include housing occupied or reserved for occupancy by
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households that meet specific area median income targets or ranges of area median
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income targets.
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(b) "Affordable housing" does not include housing occupied or reserved for occupancy
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by households with gross household incomes that are more than 60% of the area
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median income for households of the same size.
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(2) "Appointing entity" means the person, county, unincorporated area of a county, or
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municipality appointing a member to a public transit district board of trustees.
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(3)(a) "Chief executive officer" means a person appointed by the board of trustees of a
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small public transit district to serve as chief executive officer.
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(b) "Chief executive officer" shall enjoy all the rights, duties, and responsibilities
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defined in Sections 17B-2a-810 and 17B-2a-811 and includes all rights, duties, and
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responsibilities assigned to the general manager but prescribed by the board of
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trustees to be fulfilled by the chief executive officer.
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(4) "Confidential employee" means a person who, in the regular course of the person's
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duties:
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(a) assists in and acts in a confidential capacity in relation to other persons who
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formulate, determine, and effectuate management policies regarding labor relations;
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or
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(b) has authorized access to information relating to effectuating or reviewing the
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employer's collective bargaining policies.
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(5) "Council of governments" means a decision-making body in each county composed of
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membership including the county governing body and the mayors of each municipality
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in the county.
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(6) "Department" means the Department of Transportation created in Section 72-1-201.
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(7) "Executive director" means a person appointed by the board of trustees of a large public
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transit district to serve as executive director.
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(8) "Fixed guideway" means the same as that term is defined in Section 59-12-102.
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(9) "Fixed guideway capital development" means the same as that term is defined in
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Section 72-1-102.
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(10)(a) "General manager" means a person appointed by the board of trustees of a small
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public transit district to serve as general manager.
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(b) "General manager" shall enjoy all the rights, duties, and responsibilities defined in
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Sections 17B-2a-810 and 17B-2a-811 prescribed by the board of trustees of a small
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public transit district.
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(11) "Large public transit district" means a public transit district that provides public transit
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to an area that includes:
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(a) more than 65% of the population of the state based on the most recent official census
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or census estimate of the United States Census Bureau; and
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(b) two or more counties.
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(12) "Local advisory council" means the local advisory council created in accordance with
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Section 17B-2a-808.2.
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[(12)] (13)(a) "Locally elected public official" means a person who holds an elected
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position with a county or municipality.
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(b) "Locally elected public official" does not include a person who holds an elected
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position if the elected position is not with a county or municipality.
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[(13)] (14) "Managerial employee" means a person who is:
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(a) engaged in executive and management functions; and
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(b) charged with the responsibility of directing, overseeing, or implementing the
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effectuation of management policies and practices.
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[(14)] (15) "Metropolitan planning organization" means the same as that term is defined in
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Section 72-1-208.5.
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[(15)] (16) "Multicounty district" means a public transit district located in more than one
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county.
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[(16)] (17) "Operator" means a public entity or other person engaged in the transportation of
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passengers for hire.
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[(17)] (18)(a) "Public transit" means regular, continuing, shared-ride, surface
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transportation services that are open to the general public or open to a segment of the
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general public defined by age, disability, or low income.
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(b) "Public transit" does not include transportation services provided by:
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(i) chartered bus;
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(ii) sightseeing bus;
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(iii) taxi;
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(iv) school bus service;
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(v) courtesy shuttle service for patrons of one or more specific establishments; or
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(vi) intra-terminal or intra-facility shuttle services.
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[(18)] (19) "Public transit district" means a special district that provides public transit
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services.
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[(19)] (20) "Public transit innovation grant" means the same as that term is defined in
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Section 72-2-401.
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[(20)] (21) "Small public transit district" means any public transit district that is not a large
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public transit district.
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[(21)] (22) "Station area plan" means a plan developed and adopted by a municipality in
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accordance with Section 10-9a-403.1.
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[(22)] (23)(a) "Supervisor" means a person who has authority, in the interest of the
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employer, to:
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(i) hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or
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discipline other employees; or
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(ii) adjust another employee's grievance or recommend action to adjust another
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employee's grievance.
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(b) "Supervisor" does not include a person whose exercise of the authority described in
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Subsection [(22)(a)] (23)(a):
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(i) is of a merely routine or clerical nature; and
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(ii) does not require the person to use independent judgment.
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[(23)] (24) "Transit facility" means a transit vehicle, transit station, depot, passenger loading
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or unloading zone, parking lot, or other facility:
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(a) leased by or operated by or on behalf of a public transit district; and
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(b) related to the public transit services provided by the district, including:
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(i) railway or other right-of-way;
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(ii) railway line; and
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(iii) a reasonable area immediately adjacent to a designated stop on a route traveled
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by a transit vehicle.
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[(24)] (25) "Transit vehicle" means a passenger bus, coach, railcar, van, or other vehicle
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operated as public transportation by a public transit district.
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[(25)] (26) "Transit-oriented development" means a mixed use residential or commercial
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area that is designed to maximize access to public transit and includes the development
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of land owned by a large public transit district.
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[(26)] (27) "Transit-supportive development" means a mixed use residential or commercial
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area that is designed to maximize access to public transit and does not include the
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development of land owned by a large public transit district.
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Section 2. Section 17B-2a-808.1 is amended to read:
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17B-2a-808.1 . Large public transit district board of trustees powers and duties --
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Adoption of ordinances, resolutions, or orders -- Effective date of ordinances.
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(1) The powers and duties of a board of trustees of a large public transit district stated in
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this section are in addition to the powers and duties stated in Section 17B-1-301.
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(2) The board of trustees of each large public transit district shall:
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(a) hold public meetings and receive public comment;
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(b) ensure that the policies[, procedures, and management practices] established by the
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public transit district meet state and federal regulatory requirements and federal
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grantee eligibility;
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(c) [create and ]approve an annual budget, including the issuance of bonds and other
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financial instruments, after consultation with the local advisory council;
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(d) approve any interlocal agreement with a local jurisdiction;
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(e) in consultation with the local advisory council, approve contracts and overall
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property acquisitions and dispositions for transit-oriented development;
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[(f) in consultation with constituent counties, municipalities, metropolitan planning
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organizations, and the local advisory council:]
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[(i) develop and approve a strategic plan for development and operations on at least a
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four-year basis; and]
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[(ii) create and pursue funding opportunities for transit capital and service initiatives
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to meet anticipated growth within the public transit district;]
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(f)(i) approve a strategic plan for development and operations proposed by the
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executive director pursuant to Subsection 17B-2a-811.1(2)(j); and
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(ii) in coordination with the executive director, create and pursue funding
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opportunities for transit capital and service initiatives to meet anticipated growth
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within the public transit district and in accordance with the strategic plan;
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(g) create and annually report the public transit district's long-term financial plan to the [
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State Bonding Commission] State Finance Review Commission created in Section
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63C-25-201;
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(h) annually report the public transit district's progress and expenditures related to state
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resources to the Executive Appropriations Committee and the Infrastructure and
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General Government Appropriations Subcommittee;
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(i) annually report to the Transportation Interim Committee the public transit district's
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efforts to engage in public-private partnerships for public transit services;
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(j) hire, set [salaries] salary, [and ]develop performance targets and evaluations for[:] ,
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and supervise the executive director;
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[(i) the executive director; and]
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[(ii) all chief level officers;]
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(k) [supervise and ]regulate each transit facility that the public transit district owns and
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operates, including:
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(i) fix rates, [fares, ]rentals, charges and any classifications of rates, [fares, ]rentals,
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and charges;
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(ii) in consultation with the local advisory council, fix fares; and
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[(ii)] (iii) make [and enforce rules, regulations,] rules and approve contracts, practices,
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and schedules for or in connection with a transit facility that the district owns or
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controls;
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(l) control the investment of all funds assigned to the district for investment, including
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funds:
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(i) held as part of a district's retirement system; and
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(ii) invested in accordance with the participating employees' designation or direction
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pursuant to an employee deferred compensation plan established and operated in
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compliance with Section 457 of the Internal Revenue Code;
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(m) [in consultation with the local advisory council created under Section 17B-2a-808.2, ]
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invest all funds according to the procedures and requirements of Title 51, Chapter 7,
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State Money Management Act;
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(n) if a custodian is appointed under Subsection (3)(d), pay the fees for the custodian's
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services from the interest earnings of the investment fund for which the custodian is
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appointed;
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(o)(i) cause an annual audit of all public transit district books and accounts to be
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made by an independent certified public accountant;
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(ii) as soon as practicable after the close of each fiscal year, submit to each of the
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councils of governments within the public transit district a financial report
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showing:
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(A) the result of district operations during the preceding fiscal year;
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(B) an accounting of the expenditures of all local sales and use tax revenues
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generated under Title 59, Chapter 12, Part 22, Local Option Sales and Use
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Taxes for Transportation Act;
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(C) the district's financial status on the final day of the fiscal year; and
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(D) the district's progress and efforts to improve efficiency relative to the previous
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fiscal year; and
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(iii) supply copies of the report under Subsection (2)(o)(ii) to the general public upon
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request;
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(p) report at least annually to the Transportation Commission created in Section 72-1-301,
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which report shall include:
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(i) the district's short-term and long-range public transit plans, including the portions
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of applicable regional transportation plans adopted by a metropolitan planning
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organization established under 23 U.S.C. Sec. 134; and
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(ii) any [transit] fixed guideway capital development projects that the board of
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trustees would like the Transportation Commission to consider;
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(q)(i) direct the internal auditor appointed under Section 17B-2a-810 to conduct
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audits that the board of trustees determines, in consultation with the local advisory
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council created in Section 17B-2a-808.2, to be the most critical to the success of
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the organization; and
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(ii) if requested by the executive director and approved by the local advisory council,
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direct the internal auditor appointed under Section 17B-2a-810 to conduct an audit
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of an internal issue of the large public transit district;
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(r) [together with the local advisory council created in Section 17B-2a-808.2, ]hear audit
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reports for audits conducted in accordance with Subsection (2)(o);
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(s) review and approve all contracts pertaining to reduced fares, and evaluate existing
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contracts, including review of:
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(i) how negotiations occurred;
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(ii) the rationale for providing a reduced fare; and
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(iii) identification and evaluation of cost shifts to offset operational costs incurred
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and impacted by each contract offering a reduced fare;
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(t) [in consultation with the local advisory council, ]develop and approve other board
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policies, ordinances, and bylaws;
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(u) review and approve any:
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(i) contract or expense exceeding [$200,000] $250,000; or
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(ii) proposed change order to an existing contract if the change order:
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(A) increases the total contract value to [$200,000] $250,000 or more;
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(B) increases a contract of or expense of [$200,000] $250,000 or more by [15%]
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25% or more; or
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(C) has a total change order value of [$200,000] $250,000 or more;[ and]
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(v) coordinate with political subdivisions within the large public transit district and the
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department to coordinate public transit services provided by the large public transit
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district with pilot services related to public transit innovation grants[.] ; and
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(w) at least annually, engage with the safety and security team of the large public transit
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district to ensure coordination with local municipalities and counties.
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(3) A board of trustees of a large public transit district may:
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(a) subject to Subsection (4), make and pass ordinances, resolutions, and orders that are:
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(i) not repugnant to the United States Constitution, the Utah Constitution, or the
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provisions of this part; and
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(ii) necessary for:
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(A) the governance[ and management] of the affairs of the district; and
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[(B) the execution of district powers; and]
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[(C)] (B) carrying into effect the provisions of this part;
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(b) provide by resolution, under terms and conditions the board considers fit, for the
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payment of demands against the district without prior specific approval by the board,
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if the payment is:
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(i) for a purpose for which the expenditure has been previously approved by the
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board;
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(ii) in an amount no greater than the amount authorized; and
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(iii) approved by the executive director or other officer or deputy as the board
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prescribes;
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(c) in consultation with the local advisory council created in Section 17B-2a-808.2:
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(i) hold public hearings and subpoena witnesses; and
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(ii) appoint district officers to conduct a hearing and require the officers to make
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findings and conclusions and report them to the board; and
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(d) appoint a custodian for the funds and securities under its control, subject to
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Subsection (2)(n).
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(4) The board of trustees may not issue a bond unless the board of trustees has consulted
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and received approval from the State Finance Review Commission created in Section
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63C-25-201.
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(5) A member of the board of trustees of a large public transit district or a hearing officer
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designated by the board may administer oaths and affirmations in a district investigation
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or proceeding.
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(6)(a) The vote of the board of trustees on each ordinance or resolution shall be by roll
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call vote with each affirmative and negative vote recorded.
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(b) The board of trustees of a large public transit district may not adopt an ordinance
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unless it is introduced at least 24 hours before the board of trustees adopts it.
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(c) Each ordinance adopted by a large public transit district's board of trustees shall take
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effect upon adoption, unless the ordinance provides otherwise.
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(7)(a) The board of trustees shall provide a report to each city and town within the
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boundary of the large public transit district, that shall provide an accounting of:
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(i) the amount of revenue from local option sales and use taxes under this part that
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was collected within each respective county, city, or town and allocated to the
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large public transit district as provided in this part;
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(ii) how much revenue described in Subsection (7)(a)(i) was allocated to provide
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public transit services utilized by residents of each city and town; and
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(iii) how the revenue described in Subsection [(7)(b)] (7)(a)(i) was spent to provide
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public transit services utilized by residents of each respective city and town.
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(b) The board of trustees shall provide the report described in Subsection (7)(a):
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(i) on or before January 1, 2025; and
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(ii) at least every two years thereafter.
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(c) To provide the report described in this Subsection (7), a board of trustees may
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coordinate with the Department of Transportation to report on relevant public transit
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capital development projects administered by the Department of Transportation.
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Section 3. Section 17B-2a-808.2 is amended to read:
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17B-2a-808.2 . Large public transit district local advisory council -- Powers and
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duties.
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(1) A large public transit district shall create and consult with a local advisory council.
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(2)(a)(i) For a large public transit district in existence as of January 1, 2019, the local
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advisory council shall have membership selected as described in Subsection (2)(b).
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(ii)(A) For a large public transit district created after January 1, 2019, the political
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subdivision or subdivisions forming the large public transit district shall submit
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to the Legislature for approval a proposal for the appointments to the local
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advisory council of the large public transit district similar to the appointment
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process described in Subsection (2)(b).
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(B) Upon approval of the Legislature, each nominating individual or body shall
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appoint individuals to the local advisory council.
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(b)(i) The council of governments of Salt Lake County shall appoint three members
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to the local advisory council.
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(ii) The mayor of Salt Lake City shall appoint one member to the local advisory
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council.
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(iii) The council of governments of Utah County shall appoint two members to the
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local advisory council.
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(iv) The council of governments of Davis County and Weber County shall each
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appoint one member to the local advisory council.
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(v) The councils of governments of Box Elder County and Tooele County shall
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jointly appoint one member to the local advisory council.
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(3) The local advisory council shall meet at least quarterly in a meeting open to the public
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for comment to discuss the service, operations, and any concerns with the public transit
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district operations and functionality.
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(4)(a) The duties of the local advisory council shall include:
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(i) setting the compensation packages of the board of trustees, which salary, except as
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provided in Subsection (4)(b), may not exceed $150,000 for a newly appointed
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board member, plus additional retirement and other standard benefits;
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(ii) [reviewing, approving, and recommending final adoption by] consulting with the
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board of trustees of the large public transit district regarding service plans and
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routes at least every two and one-half years;
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(iii) except for a fixed guideway capital development project under the authority of
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the Department of Transportation as described in Section 72-1-203, [reviewing,
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approving, and recommending final adoption by] consulting with the board of
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trustees of project development plans, including funding, of all new capital
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development projects;
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(iv) reviewing[, approving, and recommending final adoption by the board of trustees
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of any plan] plans for a transit-oriented development where a large public transit
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district is involved;
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(v) consulting the executive director as the executive director creates the budget of
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the large public transit district;
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(vi) consulting with the board of trustees as the board of trustees fixes fares;
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[(v) at least annually, engaging with the safety and security team of the large public
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transit district to ensure coordination with local municipalities and counties;]
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[(vi)] (vii) assisting with coordinated mobility and constituent services provided by
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the public transit district;
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[(vii)] (viii) representing and advocating the concerns of citizens within the public
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transit district to the board of trustees; and
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[(viii)] (ix) other duties described in Section 17B-2a-808.1.
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(b) The local advisory council may approve an increase in the compensation for
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members of the board of trustees based on a cost-of-living adjustment at the same
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rate as government employees of the state for the same year.
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(5) The local advisory council shall meet at least quarterly with and consult with the board
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of trustees and advise regarding the operation and management of the public transit
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district.
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Section 4. Section 17B-2a-810 is amended to read:
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17B-2a-810 . Officers of a public transit district.
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(1)(a) The officers of a public transit district shall consist of:
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(i) the members of the board of trustees;
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(ii) for a small public transit district, a chair and vice chair, appointed by the board of
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trustees, subject to Subsection (1)(c);
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(iii) a secretary, appointed by the board of trustees;
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(iv)(A) for a small public transit district, a general manager, appointed by the
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board of trustees as provided in Section 17B-2a-811, whose duties may be
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allocated by the board of trustees, at the board of trustees' discretion, to a chief
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executive officer, or both; or
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(B) for a large public transit district, an executive director appointed by the board
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of trustees as provided in Section 17B-2a-811.1;
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(v) for a small public transit district, a chief executive officer appointed by the board
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of trustees, as provided in Section 17B-2a-811;
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(vi) for a small public transit district, a general counsel, appointed by the board of
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trustees, subject to Subsection (1)(d);
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(vii) a treasurer, appointed as provided in Section 17B-1-633, except that the
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treasurer of a large public transit district shall be appointed by the executive
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director;
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(viii) a comptroller, appointed by the board of trustees, subject to Subsection (1)(e),
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except that the comptroller of a large public transit district shall be appointed by
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the executive director;
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(ix) for a large public transit district, an internal auditor, appointed by the board of
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trustees, subject to Subsection (1)(f); and
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(x) other officers, assistants, and deputies that the board of trustees considers
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necessary.
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(b) The board of trustees of a small public transit district may, at its discretion, appoint a
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president, who shall also be considered an officer of a public transit district.
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(c) The district chair and vice chair of a small public transit district shall be members of
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the board of trustees.
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(d) The person appointed as general counsel for a small public transit district shall:
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(i) be admitted to practice law in the state; and
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(ii) have been actively engaged in the practice of law for at least seven years next
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preceding the appointment.
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(e) The person appointed as comptroller shall have been actively engaged in the practice
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of accounting for at least seven years next preceding the appointment.
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(f) The person appointed as internal auditor shall be a licensed certified internal auditor
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or certified public accountant with at least five years experience in the auditing or
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public accounting profession, or the equivalent, prior to appointment.
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(2)(a) For a small public transit district, the district's general manager or chief executive
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officer, as the board prescribes, or for a large public transit district, the executive
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director, shall appoint all officers and employees not specified in Subsection (1).
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(b) Each officer and employee appointed by the district's general manager or chief
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executive officer of a small public transit district, or the executive director of a large
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public transit district, serves at the pleasure of the appointing general manager, chief
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executive officer, or executive director.
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(3) The board of trustees shall by ordinance or resolution fix the compensation of all district
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officers and employees, except as otherwise provided in this part.
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(4)(a) Each officer appointed by the board of trustees or by the district's general
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manager, chief executive officer, or executive director shall take the oath of office
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specified in Utah Constitution, Article IV, Section 10.
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(b) Each oath under Subsection (4)(a) shall be subscribed and filed with the district
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secretary no later than 15 days after the commencement of the officer's term of office.
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Section 5. Section 17B-2a-811.1 is amended to read:
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17B-2a-811.1 . Executive director of a large public transit district.
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(1)(a) The board of trustees of a large public transit district shall appoint a person as an
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executive director.
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(b) The appointment of an executive director shall be by the affirmative vote of a
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majority of the board of trustees.
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(c) The board's appointment of a person as executive director shall be based on the
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person's qualifications, with special reference to the person's actual experience in or
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knowledge of accepted practices with respect to the duties of the office.
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(d) A person appointed as executive director of a large public transit district is not
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required to be a resident of the state at the time of appointment.
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(2) An executive director of a large public transit district shall:
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(a) [be] serve as a full-time officer and devote full time to the district's business;
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(b) serve at the pleasure of the board of trustees;
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(c) hold office for an indefinite term;
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(d) ensure that all district ordinances are enforced;
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(e) prepare and submit to the board of trustees, as soon as practical but not less than 45
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days after the end of each fiscal year, a complete report on the district's finances and
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administrative activities for the preceding year;
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(f) advise the board of trustees regarding the needs of the district;
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(g) establish district administrative policies and procedures;
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(h) ensure district compliance with state and federal requirements;
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(i) in consultation with the local advisory council, create and present the budget of the
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large public transit district to the board of trustees for approval;
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(j)(i) at least as frequently as every four years, in consultation with the board of
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trustees, the local advisory council, metropolitan planning organizations,
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operations specialists of the large public transit district, and other relevant
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stakeholders, develop a strategic plan for the district that aligns with relevant
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transportation and public transit plans, including corresponding proposed projects
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on time horizons of five, 10, and 20 years; and
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(ii) present the strategic plan described in Subsection (2)(j)(i) to the board of trustees
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for approval;
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(k) at least as frequently as every five years, perform a cost-effectiveness and
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cost-benefit study for each mode of public transit and develop goals for the large
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public transit district to achieve an effective balance of cost-effective and
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cost-beneficial services;
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[(g)] (l) subject to Section 72-1-203, in consultation with the board of trustees, prepare or
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cause to be prepared all plans and specifications for the construction of district works;
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[(h)] (m) cause to be installed and maintained a system of auditing and accounting that
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completely shows the district's financial condition at all times;
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[(i)] (n) attend meetings of the board of trustees;
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[(j)] (o) [in consultation with the board of trustees,] notwithstanding Subsections
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17B-1-301(2)(l) and (m), have charge of:
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(i) the acquisition, construction, maintenance, and operation of district facilities; and
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(ii) the administration of the district's business affairs; and
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[(k)] (p) be entitled to participate in the deliberations of the board of trustees as to any
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matter before the board.
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(3)(a) On or before October 31, 2025, and each year thereafter, the executive director
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shall prepare and provide a report to the Transportation Interim Committee regarding
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fare contracts and transit pass programs.
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(b) The report described in Subsection (3)(a) shall include information about
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institutional contracts as well as reduced-fare, ticket-as-fare, or other fare event
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contracts, including:
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(i) contribution levels from both the large public transit district and each relevant
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institution or party;
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(ii) projected and observed benefits and costs and return on investment of the
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proposed contract, including increased ridership, traffic congestion reduction,
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operational and customer safety, and net financial gain of the large public transit
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district; and
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(iii) other relevant data used to determine that the contract is in the public's
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transportation interest.
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(4) The executive director shall hire and have supervisory authority over all executive
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officer positions not specifically reserved by the board of trustees.
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[(3)] (5) The board of trustees may not remove the executive director or reduce the
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executive director's salary below the amount fixed at the time of original appointment
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unless:
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(a) the board adopts a resolution by a vote of a majority of all members; and
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(b) if the executive director demands in writing, the board gives the executive director
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the opportunity to be publicly heard at a meeting of the board before the final vote on
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the resolution removing the executive director or reducing the executive director's
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salary.
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[(4)] (6)(a) Before adopting a resolution providing for the removal of the executive
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director or a reduction in the executive director's salary as provided in Subsection [(3)]
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(5), the board shall, if the executive director makes a written demand:
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(i) give the executive director a written statement of the reasons alleged for the
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removal or reduction in salary; and
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(ii) allow the executive director to be publicly heard at a meeting of the board of
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trustees.
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(b) Notwithstanding Subsection [(4)(a)] (6)(a), the board of trustees of a public transit
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district may suspend an executive director from office pending and during a hearing
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under Subsection [(4)(a)(ii)] (6)(a)(ii).
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[(5)] (7) The action of a board of trustees suspending or removing an executive director or
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reducing the executive director's salary is final.
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Section 6. Section 72-1-203 is amended to read:
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72-1-203 . Deputy director -- Appointment -- Qualifications -- Other assistants
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and advisers -- Salaries.
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(1) The executive director shall appoint the following deputy directors, who shall serve at
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the discretion of the executive director:
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(a) the deputy director of engineering and operation, who shall be a registered
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professional engineer in the state, and who shall be the chief engineer of the
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department; and
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(b) the deputy director of planning and investment.
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(2) As assigned by the executive director, the deputy directors described in Subsection (1)
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may assist the executive director with the following departmental responsibilities:
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(a) project development, including statewide standards for project design and
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construction, right-of-way, materials, testing, structures, and construction;
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(b) oversight of the management of the region offices described in Section 72-1-205;
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(c) operations and traffic management;
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(d) oversight of operations of motor carriers and ports;
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(e) transportation systems safety;
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(f) aeronautical operations;
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(g) equipment for department engineering and maintenance functions;
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(h) oversight and coordination of planning, including:
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(i) development of statewide strategic initiatives for planning across all modes of
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transportation;
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(ii) coordination with metropolitan planning organizations and local governments;
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(iii) coordination with a large public transit district, including planning, project
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development, outreach, programming, environmental studies and impact
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statements, construction, and impacts on public transit operations; and
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(iv) corridor and area planning;
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(i) asset management;
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(j) programming and prioritization of transportation projects;
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(k) fulfilling requirements for environmental studies and impact statements;
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(l) resource investment, including identification, development, and oversight of
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public-private partnership opportunities;
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(m) data analytics services to the department;
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(n) corridor preservation;
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(o) employee development;
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(p) maintenance planning;
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(q) oversight and facilitation of the negotiations and integration of public transit
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providers described in Section 17B-2a-827;
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(r) oversight and supervision of any fixed guideway capital development project within
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the boundaries of a large public transit district[ for which any state funds are
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expended], including those responsibilities described in Subsections (2)(a), (h), (j),
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(k), and (l), and the implementation and enforcement of any federal grant obligations
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associated with fixed guideway capital development project funding; and
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(s) other departmental responsibilities as determined by the executive director.
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(3) The executive director shall ensure that the same deputy director does not oversee or
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supervise both the fixed guideway capital development responsibilities described in
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Subsection (2)(r) and the department's fixed guideway rail safety responsibilities,
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including the responsibilities described in Section 72-1-214.
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(4) The executive director may delegate to a large public transit district certain projects or
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acquisitions described in Subsection (2)(r) related to fixed guideway capital
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development if the executive director determines that the large public transit district is
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better positioned or equipped for that particular project or acquisition.
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Section 7. Effective Date.
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This bill takes effect on May 7, 2025.
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