02-24 08:02 4th Sub. (Pumpkin) S.B. 195
Angela Romero proposes the following substitute bill:
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Transportation 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 transportation items, including road rage, wrong way
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driving, and adherence to proposed phases of certain transportation developments.
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Highlighted Provisions:
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This bill:
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▸ requires cities and metropolitan planning organizations to identify transportation
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connectivity impediments and provide a report on plans to address transportation
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connectivity;
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▸ requires periodic reporting and follow up on certain station area plans;
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▸ requires property acquired by the Department of Transportation for a public transit
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purpose remain under the ownership of the Department of Transportation;
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▸ defines terms and enacts provisions related to electric unicycles and similar devices;
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▸ enhances certain penalties related to wrong-way driving if the offense is related to a road
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rage event;
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▸ designates certain legislative committees as recipients for certain required reports;
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▸ creates requirements for air ambulance dispatch services;
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▸ adjusts an sales and use tax earmark percentage to increase funding for transportation;
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▸ extends a deadline for certain sales and use taxes to be allocated for public transit
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innovation grants;
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▸ reinstates certain funding to the Department of Transportation for litter mitigation that
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was reduced due to the COVID-19 pandemic;
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▸ requires the Department of Transportation to adhere to phasing of projects if required by
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the environmental impact statement;
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▸ repeals certain outdated language and makes other technical changes;
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▸ repeals certain highway-related name designations;
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▸ provides maintenance responsibilities for certain street light infrastructure; and
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▸ makes other technical changes.
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Money Appropriated in this Bill:
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This bill appropriates ($330,000,000) in capital project funds for fiscal year 2026, all of
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which is from the General Fund.
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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10-9a-403.1 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 219
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17B-2a-824 (Effective 05/07/25), as enacted by Laws of Utah 2007, Chapter 329
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41-6a-102 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 236
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41-6a-709 (Effective 05/07/25), as last amended by Laws of Utah 2015, Chapter 412
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41-6a-712 (Effective 05/07/25), as last amended by Laws of Utah 2015, Chapter 412
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41-6a-714 (Effective 05/07/25), as last amended by Laws of Utah 2015, Chapter 412
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41-6a-1102 (Effective 05/07/25), as renumbered and amended by Laws of Utah 2005,
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Chapter 2
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41-6a-1116 (Effective 05/07/25), as last amended by Laws of Utah 2015, Chapter 412
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41-6a-1642 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 459,
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483
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53-2a-1102 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapters 34,
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471
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53-2d-101 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 147,
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438 and 506
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59-12-103 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapters 88, 501
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59-12-2219 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 498
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63B-11-502 (Effective 05/07/25), as last amended by Laws of Utah 2010, Chapter 263
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63B-31-101 (Effective 05/07/25), as last amended by Laws of Utah 2021, First Special
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Session, Chapter 8
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63J-3-103 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 77
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72-1-201 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 517
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72-1-212 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 524
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72-1-213.1 (Effective 05/07/25), as last amended by Laws of Utah 2022, Chapters 56,
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72-1-217 (Effective 05/07/25), as enacted by Laws of Utah 2023, Chapter 366
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72-1-303 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 498
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72-1-304 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 517
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72-1-305 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapters 22, 219
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72-2-106 (Effective 07/01/25), as last amended by Laws of Utah 2023, Chapter 22
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72-2-121 (Effective upon governor's approval), as last amended by Laws of Utah 2024,
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Chapters 300, 498 and 501
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72-2-121.3 (Effective 05/07/25), as last amended by Laws of Utah 2020, Chapter 366
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72-2-123 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 22
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72-2-124 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 498, 501
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72-2-303 (Effective 05/07/25), as enacted by Laws of Utah 2024, Chapter 501
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72-2-402 (Effective 05/07/25), as enacted by Laws of Utah 2024, Chapter 498
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72-3-109 (Effective 05/07/25), as last amended by Laws of Utah 2018, Chapter 403
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72-6-118 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 517
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72-6-206 (Effective 05/07/25), as last amended by Laws of Utah 2016, Chapter 222
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72-10-109 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 483,
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485
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ENACTS:
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10-8-87 (Effective 05/07/25), Utah Code Annotated 1953
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41-6a-1121 (Effective 05/07/25), Utah Code Annotated 1953
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41-6a-1122 (Effective 05/07/25), Utah Code Annotated 1953
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53-2d-517 (Effective 05/07/25), Utah Code Annotated 1953
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REPEALS:
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63B-8-503 (Effective 05/07/25), as enacted by Laws of Utah 1999, Chapter 331
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72-2-118 (Effective 05/07/25), as last amended by Laws of Utah 2018, Chapter 281
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72-4-222 (Effective 05/07/25), as enacted by Laws of Utah 2024, Chapter 435
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 10-8-87 is enacted to read:
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10-8-87 (Effective 05/07/25). Transportation connectivity plan -- Reporting.
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(1) On or before July 1, 2027, a municipality within a metropolitan planning organization
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boundary shall, in consultation with relevant stakeholders, update the transportation and
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traffic circulation element of the municipality's general plan as described in Subsection
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10-9a-403(2)(a)(ii) to identify priority connections to remedy physical impediments,
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including water conveyances, that would improve circulation and enhance vehicle,
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transit, bicycle, or pedestrian access to significant economic, educational, recreational,
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and other priority destinations.
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(2) For a priority connection identified pursuant to Subsection (1), a municipality shall
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identify:
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(a) cost estimates;
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(b) potential funding sources, including state, local, federal, and private funding; and
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(c) impediments to constructing the connections.
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(3)(a) A metropolitan planning organization, in consultation with each affected
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municipality, shall report to the Transportation Interim Committee regarding:
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(i) the status of the required municipal modifications to general plans required by
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Subsection (2);
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(ii) the status of a regional roadway grid network study;
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(iii) physical and other impediments to constructing priority transportation
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connections; and
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(iv) potential funding sources, including state, local, federal, and private funding, to
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make transportation connectivity improvements.
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(b) The metropolitan planning organization shall provide the report described in
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Subsection (3)(a) on or before November 1 of 2025, 2026, and 2027.
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(4) Enhancement of transportation connectivity as described in Subsection (1) shall be
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given consideration in the prioritization processes described in Sections 72-1-304 and
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72-2-302.
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Section 2. Section 10-9a-403.1 is amended to read:
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10-9a-403.1 (Effective 05/07/25). Station area plan requirements -- Contents --
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Review and certification by applicable metropolitan planning organization.
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(1) As used in this section:
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(a) "Applicable metropolitan planning organization" means the metropolitan planning
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organization that has jurisdiction over the area in which a fixed guideway public
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transit station is located.
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(b) "Applicable public transit district" means the public transit district, as defined in
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Section 17B-2a-802, of which a fixed guideway public transit station is included.
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(c) "Existing fixed guideway public transit station" means a fixed guideway public
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transit station for which construction begins before June 1, 2022.
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(d) "Fixed guideway" means the same as that term is defined in Section 59-12-102.
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(e) "Metropolitan planning organization" means an organization established under 23
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U.S.C. Sec. 134.
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(f) "New fixed guideway public transit station" means a fixed guideway public transit
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station for which construction begins on or after June 1, 2022.
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(g) "Qualifying land use petition" means a petition:
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(i) that involves land located within a station area for an existing public transit station
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that provides rail services;
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(ii) that involves land located within a station area for which the municipality has not
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yet satisfied the requirements of Subsection (2)(a);
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(iii) that proposes the development of an area greater than five contiguous acres, with
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no less than 51% of the acreage within the station area;
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(iv) that would require the municipality to amend the municipality's general plan or
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change a zoning designation for the land use application to be approved;
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(v) that would require a higher density than the density currently allowed by the
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municipality;
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(vi) that proposes the construction of new residential units, at least 10% of which are
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dedicated to moderate income housing; and
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(vii) for which the land use applicant requests the municipality to initiate the process
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of satisfying the requirements of Subsection (2)(a) for the station area in which the
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development is proposed, subject to Subsection (3)(d).
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(h)(i) "Station area" means:
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(A) for a fixed guideway public transit station that provides rail services, the area
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within a one-half mile radius of the center of the fixed guideway public transit
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station platform; or
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(B) for a fixed guideway public transit station that provides bus services only, the
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area within a one-fourth mile radius of the center of the fixed guideway public
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transit station platform.
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(ii) "Station area" includes any parcel bisected by the radius limitation described in
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Subsection (1)(h)(i)(A) or (B).
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(i) "Station area plan" means a plan that:
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(i) establishes a vision, and the actions needed to implement that vision, for the
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development of land within a station area; and
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(ii) is developed and adopted in accordance with this section.
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(2)(a) Subject to the requirements of this section, a municipality that has a fixed
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guideway public transit station located within the municipality's boundaries shall, for
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the station area:
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(i) develop and adopt a station area plan; and
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(ii) adopt any appropriate land use regulations to implement the station area plan.
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(b) The requirements of Subsection (2)(a) shall be considered satisfied if:
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(i)(A) the municipality has already adopted plans or ordinances, approved land use
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applications, approved agreements or financing, or investments have been
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made, before June 1, 2022, that substantially promote each of the objectives in
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Subsection (7)(a) within the station area, and can demonstrate that such plans,
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ordinances, approved land use applications, approved agreements or financing,
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or investments are still relevant to making meaningful progress towards
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achieving such objectives; and
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(B) the municipality adopts a resolution finding that the objectives of Subsection
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(7)(a) have been substantially promoted.
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(ii)(A) the municipality has determined that conditions exist that make satisfying a
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portion or all of the requirements of Subsection (2)(a) for a station area
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impracticable, including conditions that relate to existing development,
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entitlements, land ownership, land uses that make opportunities for new
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development and long-term redevelopment infeasible, environmental
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limitations, market readiness, development impediment conditions, or other
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similar conditions; and
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(B) the municipality adopts a resolution describing the conditions that exist to
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make satisfying the requirements of Subsection (2)(a) impracticable.
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(c) To the extent that previous actions by a municipality do not satisfy the requirements
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of Subsection (2)(a) for a station area, the municipality shall take the actions
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necessary to satisfy those requirements.
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(3)(a) A municipality that has a new fixed guideway public transit station located within
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the municipality's boundaries shall satisfy the requirements of Subsection (2)(a) for
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the station area surrounding the new fixed guideway public transit station before the
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new fixed guideway public transit station begins transit services.
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(b) Except as provided in Subsections (3)(c) and (d), a municipality that has an existing
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fixed guideway public transit station located within the municipality's boundaries
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shall satisfy the requirements of Subsection (2)(a) for the station area surrounding the
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existing fixed guideway public transit station on or before December 31, 2025.
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(c) If a municipality has more than four existing fixed guideway public transit stations
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located within the municipality's boundaries, the municipality shall:
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(i) on or before December 31, 2025, satisfy the requirements of Subsection (2)(a) for
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four or more station areas located within the municipality; and
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(ii) on or before December 31 of each year thereafter, satisfy the requirements of
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Subsection (2)(a) for no less than two station areas located within the municipality
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until the municipality has satisfied the requirements of Subsection (2)(a) for each
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station area located within the municipality.
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(d)(i) Subject to Subsection (3)(d)(ii):
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(A) if a municipality receives a complete qualifying land use petition on or before
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July 1, 2022, the municipality shall satisfy the requirements of Subsection
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(2)(a) for the station area in which the development is proposed on or before
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July 1, 2023; and
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(B) if a municipality receives a complete qualifying land use petition after July 1,
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2022, the municipality shall satisfy the requirements of Subsection (2)(a) for
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the station area in which the development is proposed within a 12-month
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period beginning on the first day of the month immediately following the
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month in which the qualifying land use petition is submitted to the
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municipality, and shall notify the applicable metropolitan planning
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organization of the receipt of the qualified land use petition within 45 days of
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the date of receipt.
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(ii)(A) A municipality is not required to satisfy the requirements of Subsection
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(2)(a) for more than two station areas under Subsection (3)(d)(i) within any
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12-month period.
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(B) If a municipality receives more than two complete qualifying land use
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petitions on or before July 1, 2022, the municipality shall select two station
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areas for which the municipality will satisfy the requirements of Subsection
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(2)(a) in accordance with Subsection (3)(d)(i)(A).
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(iii) A municipality shall process on a first priority basis a land use application,
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including an application for a building permit, if:
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(A) the land use application is for a residential use within a station area for which
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the municipality has not satisfied the requirements of Subsection (2)(a); and
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(B) the municipality would be required to change a zoning designation for the
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land use application to be approved.
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(e) Notwithstanding Subsections (3)(a) through (d), the time period for satisfying the
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requirements of Subsection (2)(a) for a station area may be extended once for a
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period of 12 months if:
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(i) the municipality demonstrates to the applicable metropolitan planning
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organization that conditions exist that make satisfying the requirements of
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Subsection (2)(a) within the required time period infeasible, despite the
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municipality's good faith efforts; and
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(ii) the applicable metropolitan planning organization certifies to the municipality in
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writing that the municipality satisfied the demonstration in Subsection (3)(e)(i).
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(4)(a) Except as provided in Subsection (4)(b), if a station area is included within the
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boundaries of more than one municipality, each municipality with jurisdiction over
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the station area shall satisfy the requirements of Subsection (2)(a) for the portion of
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the station area over which the municipality has jurisdiction.
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(b) Two or more municipalities with jurisdiction over a station area may coordinate to
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develop a shared station area plan for the entire station area.
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(5) A municipality that has more than one fixed guideway public transit station located
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within the municipality may, through an integrated process, develop station area plans
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for multiple station areas if the station areas are within close proximity of each other.
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(6)(a) A municipality that is required to develop and adopt a station area plan under this
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section may request technical assistance from the applicable metropolitan planning
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organization.
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(b) An applicable metropolitan planning organization that receives funds from the
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Governor's Office of Economic Opportunity under Section 63N-3-113 shall, when
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utilizing the funds, give priority consideration to requests for technical assistance for
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station area plans required under Subsection (3)(d).
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(7)(a) A station area plan shall promote the following objectives within the station area:
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(i) increasing the availability and affordability of housing, including moderate
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income housing;
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(ii) promoting sustainable environmental conditions;
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(iii) enhancing access to opportunities; and
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(iv) increasing transportation choices and connections.
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(b)(i) To promote the objective described in Subsection (7)(a)(i), a municipality may
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consider implementing the following actions:
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(A) aligning the station area plan with the moderate income housing element of
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the municipality's general plan;
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(B) providing for densities necessary to facilitate the development of moderate
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income housing;
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(C) providing for affordable costs of living in connection with housing,
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transportation, and parking; or
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(D) any other similar action that promotes the objective described in Subsection
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(7)(a)(i).
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(ii) To promote the objective described in Subsection (7)(a)(ii), a municipality may
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consider implementing the following actions:
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(A) conserving water resources through efficient land use;
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(B) improving air quality by reducing fuel consumption and motor vehicle trips;
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(C) establishing parks, open spaces, and recreational opportunities; or
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(D) any other similar action that promotes the objective described in Subsection
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(7)(a)(ii).
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(iii) To promote the objective described in Subsection (7)(a)(iii), a municipality may
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consider the following actions:
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(A) maintaining and improving the connections between housing, transit,
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employment, education, recreation, and commerce;
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(B) encouraging mixed-use development;
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(C) enabling employment and educational opportunities within the station area;
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(D) encouraging and promoting enhanced broadband connectivity; or
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(E) any other similar action that promotes the objective described in Subsection
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(7)(a)(iii).
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(iv) To promote the objective described in Subsection (7)(a)(iv), a municipality may
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consider the following:
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(A) supporting investment in infrastructure for all modes of transportation;
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(B) increasing utilization of public transit;
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(C) encouraging safe streets through the designation of pedestrian walkways and
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bicycle lanes;
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(D) encouraging manageable and reliable traffic conditions;
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(E) aligning the station area plan with the regional transportation plan of the
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applicable metropolitan planning organization; or
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(F) any other similar action that promotes the objective described in Subsection
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(7)(a)(iv).
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(8) A station area plan shall include the following components:
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(a) a station area vision that:
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(i) is consistent with Subsection (7); and
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(ii) describes the following:
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(A) opportunities for the development of land within the station area under
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existing conditions;
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(B) constraints on the development of land within the station area under existing
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conditions;
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(C) the municipality's objectives for the transportation system within the station
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area and the future transportation system that meets those objectives;
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(D) the municipality's objectives for land uses within the station area and the
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future land uses that meet those objectives;
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(E) the municipality's objectives for public and open spaces within the station area
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and the future public and open spaces that meet those objectives; and
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(F) the municipality's objectives for the development of land within the station
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area and the future development standards that meet those objectives;
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(b) a map that depicts:
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(i) the station area;
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(ii) the area within the station area to which the station area plan applies, provided
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that the station area plan may apply to areas outside the station area, and the
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station area plan is not required to apply to the entire station area; and
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(iii) the area where each action is needed to implement the station area plan;
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(c) an implementation plan that identifies and describes each action needed within the
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next five years to implement the station area plan, and the party responsible for
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taking each action, including any actions to:
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(i) modify land use regulations;
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(ii) make infrastructure improvements;
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(iii) modify deeds or other relevant legal documents;
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(iv) secure funding or develop funding strategies;
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(v) establish design standards for development within the station area; or
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(vi) provide environmental remediation;
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(d) a statement that explains how the station area plan promotes the objectives described
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in Subsection (7)(a); and
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(e) as an alternative or supplement to the requirements of Subsection (7) or this
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Subsection (8), and for purposes of Subsection (2)(b)(ii), a statement that describes
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any conditions that would make the following impracticable:
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(i) promoting the objectives described in Subsection (7)(a); or
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(ii) satisfying the requirements of this Subsection (8).
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(9) A municipality shall develop a station area plan with the involvement of all relevant
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stakeholders that have an interest in the station area through public outreach and
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community engagement, including:
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(a) other impacted communities;
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(b) the applicable public transit district;
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(c) the applicable metropolitan planning organization;
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(d) the Department of Transportation;
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(e) owners of property within the station area; and
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(f) the municipality's residents and business owners.
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(10)(a) A municipality that is required to develop and adopt a station area plan for a
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station area under this section shall submit to the applicable metropolitan planning
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organization and the applicable public transit district documentation evidencing that
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the municipality has satisfied the requirement of Subsection (2)(a)(i) for the station
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area, including:
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(i) a station area plan; or
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(ii) a resolution adopted under Subsection (2)(b)(i) or (ii).
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(b) The applicable metropolitan planning organization, in consultation with the
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applicable public transit district, shall:
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(i) review the documentation submitted under Subsection (10)(a) to determine the
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municipality's compliance with this section; and
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(ii) provide written certification to the municipality if the applicable metropolitan
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planning organization determines that the municipality has satisfied the
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requirement of Subsection (2)(a)(i) for the station area.
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(c) The municipality shall include the certification described in Subsection (10)(b)(ii) in
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the municipality's report to the Department of Workforce Services under Section
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10-9a-408.
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(11)(a) Following certification by a metropolitan planning organization of a
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municipality's station area plan under Subsection (10)(b)(ii), the municipality shall
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provide a report to the applicable metropolitan planning organization on or before
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December 31 of the fifth year after the year in which the station area plan was
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certified, and every five years thereafter for a period not to exceed 15 years.
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(b) The report described in Subsection (11)(a) shall:
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(i) contain the status of advancing the station area plan objectives, including, if
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applicable, actions described in the implementation plan required in Subsection
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(8)(c); and
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(ii) identify potential actions over the next five years that would advance the station
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area plan objectives.
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(c) If a municipality has multiple certified station area plans, the municipality may
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consolidate the reports required in Subsection (11)(a) for the purpose of submitting
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reports to the metropolitan planning organization.
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Section 3. Section 17B-2a-824 is amended to read:
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17B-2a-824 (Effective 05/07/25). Property acquired on behalf of a public transit
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district.
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(1) [Title] Except as provided in Subsection (3), title to property acquired on behalf of a
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public transit district under this part immediately and by operation of law vests in the
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public transit district.
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(2) Property described in Subsection (1) is dedicated and set apart for the purposes set forth
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in this part.
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(3) Any property purchased or acquired by the Department of Transportation for public
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transit purposes:
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(a) does not vest in the public transit district; and
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(b) remains under the ownership of the Department of Transportation.
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(4) The Department of Transportation may sell, donate, exchange, or otherwise convey in
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fee simple property described in Subsection (3) to a public transit district if:
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(a)(i) the property is adjacent or ancillary to property the public transit district utilizes
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for the operation of a fixed guideway; and
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(ii) the Department of Transportation determines that the conveyance of the property
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to the public transit district provides a benefit to the state;
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(b) the conveyance is necessary to fulfilling federal grant or other funding requirements;
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or
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(c) the conveyance is made in accordance with an administrative rule enacted pursuant
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to Section 72-5-117.
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Section 4. Section 41-6a-102 is amended to read:
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41-6a-102 (Effective 05/07/25). Definitions.
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403
As used in this chapter:
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(1) "Alley" means a street or highway intended to provide access to the rear or side of lots
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or buildings in urban districts and not intended for through vehicular traffic.
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(2) "All-terrain type I vehicle" means the same as that term is defined in Section 41-22-2.
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(3) "All-terrain type II vehicle" means the same as that term is defined in Section 41-22-2.
408
(4) "All-terrain type III vehicle" means the same as that term is defined in Section 41-22-2.
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(5) "Authorized emergency vehicle" includes:
410
(a) a fire department vehicle;
411
(b) a police vehicle;
412
(c) an ambulance; and
413
(d) other publicly or privately owned vehicles as designated by the commissioner of the
414
Department of Public Safety.
415
(6) "Autocycle" means the same as that term is defined in Section 53-3-102.
416
(7)(a) "Bicycle" means a wheeled vehicle:
417
(i) propelled by human power by feet or hands acting upon pedals or cranks;
418
(ii) with a seat or saddle designed for the use of the operator;
419
(iii) designed to be operated on the ground; and
420
(iv) whose wheels are not less than 14 inches in diameter.
421
(b) "Bicycle" includes an electric assisted bicycle.
422
(c) "Bicycle" does not include scooters and similar devices.
423
(8)(a) "Bus" means a motor vehicle:
424
(i) designed for carrying more than 15 passengers and used for the transportation of
425
persons; or
426
(ii) designed and used for the transportation of persons for compensation.
427
(b) "Bus" does not include a taxicab.
428
(9)(a) "Circular intersection" means an intersection that has an island, generally circular
429
in design, located in the center of the intersection where traffic passes to the right of
430
the island.
431
(b) "Circular intersection" includes:
432
(i) roundabouts;
433
(ii) rotaries; and
434
(iii) traffic circles.
435
(10) "Class 1 electric assisted bicycle" means an electric assisted bicycle equipped with a
436
motor or electronics that:
- 13 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
437
(a) provides assistance only when the rider is pedaling; and
438
(b) ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
439
(11) "Class 2 electric assisted bicycle" means an electric assisted bicycle equipped with a
440
motor or electronics that:
441
(a) may be used exclusively to propel the bicycle; and
442
(b) is not capable of providing assistance when the bicycle reaches the speed of 20 miles
443
per hour.
444
(12) "Class 3 electric assisted bicycle" means an electric assisted bicycle equipped with a
445
motor or electronics that:
446
(a) provides assistance only when the rider is pedaling;
447
(b) ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour;
448
and
449
(c) is equipped with a speedometer.
450
(13) "Commissioner" means the commissioner of the Department of Public Safety.
451
(14) "Controlled-access highway" means a highway, street, or roadway:
452
(a) designed primarily for through traffic; and
453
(b) to or from which owners or occupants of abutting lands and other persons have no
454
legal right of access, except at points as determined by the highway authority having
455
jurisdiction over the highway, street, or roadway.
456
(15) "Crosswalk" means:
457
(a) that part of a roadway at an intersection included within the connections of the lateral
458
lines of the sidewalks on opposite sides of the highway measured from:
459
(i)(A) the curbs; or
460
(B) in the absence of curbs, from the edges of the traversable roadway; and
461
(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
462
included within the extension of the lateral lines of the existing sidewalk at right
463
angles to the centerline; or
464
(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
465
pedestrian crossing by lines or other markings on the surface.
466
(16) "Department" means the Department of Public Safety.
467
(17) "Direct supervision" means oversight at a distance within which:
468
(a) visual contact is maintained; and
469
(b) advice and assistance can be given and received.
470
(18) "Divided highway" means a highway divided into two or more roadways by:
- 14 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
471
(a) an unpaved intervening space;
472
(b) a physical barrier; or
473
(c) a clearly indicated dividing section constructed to impede vehicular traffic.
474
(19) "Echelon formation" means the operation of two or more snowplows arranged
475
side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to
476
clear snow from two or more lanes at once.
477
(20)(a) "Electric assisted bicycle" means a bicycle with an electric motor that:
478
(i) has a power output of not more than 750 watts;
479
(ii) has fully operable pedals;
480
(iii) has permanently affixed cranks that were installed at the time of the original
481
manufacture;
482
(iv) is fully operable as a bicycle without the use of the electric motor; and
483
(v) is one of the following:
484
(A) a class 1 electric assisted bicycle;
485
(B) a class 2 electric assisted bicycle;
486
(C) a class 3 electric assisted bicycle; or
487
(D) a programmable electric assisted bicycle.
488
(b) "Electric assisted bicycle" does not include:
489
(i) a moped;
490
(ii) a motor assisted scooter;
491
(iii) a motorcycle;
492
(iv) a motor-driven cycle; or
493
(v) any other vehicle with less than four wheels that is designed, manufactured,
494
intended, or advertised by the seller to have any of the following capabilities or
495
features, or that is modifiable or is modified to have any of the following
496
capabilities or features:
497
(A) has the ability to attain the speed of 20 miles per hour or greater on motor
498
power alone;
499
(B) is equipped with a continuous rated motor power of 750 watts or greater;
500
(C) is equipped with foot pegs for the operator at the time of manufacture, or
501
requires installation of a pedal kit to have operable pedals; or
502
(D) if equipped with multiple operating modes and a throttle, has one or more
503
modes that exceed 20 miles per hour on motor power alone.
504
(21)(a) "Electric personal assistive mobility device" means a self-balancing device with:
- 15 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
505
(i) two nontandem wheels in contact with the ground;
506
(ii) a system capable of steering and stopping the unit under typical operating
507
conditions;
508
(iii) an electric propulsion system with average power of one horsepower or 750
509
watts;
510
(iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
511
(v) a deck design for a person to stand while operating the device.
512
(b) "Electric personal assistive mobility device" does not include a wheelchair.
513
(22) "Electric unicycle" means a self-balancing personal transportation device that:
514
(a) has a single wheel;
515
(b) is powered by an electric motor that utilizes gyroscopes and accelerometers to
516
stabilize the rider; and
517
(c) is designed for the operator to face in the direction of travel while operating the
518
device.
519
[(22)] (23) "Explosives" means a chemical compound or mechanical mixture commonly
520
used or intended for the purpose of producing an explosion and that contains any
521
oxidizing and combustive units or other ingredients in proportions, quantities, or
522
packing so that an ignition by fire, friction, concussion, percussion, or detonator of any
523
part of the compound or mixture may cause a sudden generation of highly heated gases,
524
and the resultant gaseous pressures are capable of producing destructive effects on
525
contiguous objects or of causing death or serious bodily injury.
526
[(23)] (24) "Farm tractor" means a motor vehicle designed and used primarily as a farm
527
implement, for drawing plows, mowing machines, and other implements of husbandry.
528
[(24)] (25) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
529
as determined by a Tagliabue or equivalent closed-cup test device.
530
[(25)] (26) "Freeway" means a controlled-access highway that is part of the interstate system
531
as defined in Section 72-1-102.
532
[(26)] (27)(a) "Golf cart" means a device that:
533
(i) is designed for transportation by players on a golf course;
534
(ii) has not less than three wheels in contact with the ground;
535
(iii) has an unladen weight of less than 1,800 pounds;
536
(iv) is designed to operate at low speeds; and
537
(v) is designed to carry not more than six persons including the driver.
538
(b) "Golf cart" does not include:
- 16 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
539
(i) a low-speed vehicle or an off-highway vehicle;
540
(ii) a motorized wheelchair;
541
(iii) an electric personal assistive mobility device;
542
(iv) an electric assisted bicycle;
543
(v) a motor assisted scooter;
544
(vi) a personal delivery device, as defined in Section 41-6a-1119; or
545
(vii) a mobile carrier, as defined in Section 41-6a-1120.
546
[(27)] (28) "Gore area" means the area delineated by two solid white lines that is between a
547
continuing lane of a through roadway and a lane used to enter or exit the continuing lane
548
including similar areas between merging or splitting highways.
549
[(28)] (29) "Gross weight" means the weight of a vehicle without a load plus the weight of
550
any load on the vehicle.
551
[(29)] (30) "Hi-rail vehicle" means a roadway maintenance vehicle that is:
552
(a) manufactured to meet Federal Motor Vehicle Safety Standards; and
553
(b) equipped with retractable flanged wheels that allow the vehicle to travel on a
554
highway or railroad tracks.
555
[(30)] (31) "Highway" means the entire width between property lines of every way or place
556
of any nature when any part of it is open to the use of the public as a matter of right for
557
vehicular travel.
558
[(31)] (32) "Highway authority" means the same as that term is defined in Section 72-1-102.
559
[(32)] (33)(a) "Intersection" means the area embraced within the prolongation or
560
connection of the lateral curb lines, or, if none, then the lateral boundary lines of the
561
roadways of two or more highways that join one another.
562
(b) Where a highway includes two roadways 30 feet or more apart:
563
(i) every crossing of each roadway of the divided highway by an intersecting
564
highway is a separate intersection; and
565
(ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
566
every crossing of two roadways of the highways is a separate intersection.
567
(c) "Intersection" does not include the junction of an alley with a street or highway.
568
[(33)] (34) "Island" means an area between traffic lanes or at an intersection for control of
569
vehicle movements or for pedestrian refuge designated by:
570
(a) pavement markings, which may include an area designated by two solid yellow lines
571
surrounding the perimeter of the area;
572
(b) channelizing devices;
- 17 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
573
(c) curbs;
574
(d) pavement edges; or
575
(e) other devices.
576
[(34)] (35) "Lane filtering" means, when operating a motorcycle other than an autocycle, the
577
act of overtaking and passing another vehicle that is stopped in the same direction of
578
travel in the same lane.
579
[(35)] (36) "Law enforcement agency" means the same as that term is as defined in Section
580
53-1-102.
581
[(36)] (37) "Limited access highway" means a highway:
582
(a) that is designated specifically for through traffic; and
583
(b) over, from, or to which neither owners nor occupants of abutting lands nor other
584
persons have any right or easement, or have only a limited right or easement of
585
access, light, air, or view.
586
[(37)] (38) "Local highway authority" means the legislative, executive, or governing body of
587
a county, municipal, or other local board or body having authority to enact laws relating
588
to traffic under the constitution and laws of the state.
589
[(38)] (39)(a) "Low-speed vehicle" means a four wheeled motor vehicle that:
590
(i) is designed to be operated at speeds of not more than 25 miles per hour; and
591
(ii) has a capacity of not more than six passengers, including a conventional driver or
592
fallback-ready user if on board the vehicle, as those terms are defined in Section
593
41-26-102.1.
594
(b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
595
[(39)] (40) "Metal tire" means a tire, the surface of which in contact with the highway is
596
wholly or partly of metal or other hard nonresilient material.
597
[(40)] (41)(a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a
598
seat or saddle that is less than 24 inches from the ground as measured on a level
599
surface with properly inflated tires.
600
(b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
601
(c) "Mini-motorcycle" does not include a motorcycle that is:
602
(i) designed for off-highway use; and
603
(ii) registered as an off-highway vehicle under Section 41-22-3.
604
[(41)] (42) "Mobile home" means:
605
(a) a trailer or semitrailer that is:
606
(i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
- 18 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
607
place either permanently or temporarily; and
608
(ii) equipped for use as a conveyance on streets and highways; or
609
(b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed
610
for use as a mobile home, as defined in Subsection [(41)(a)] (42)(a), but that is instead
611
used permanently or temporarily for:
612
(i) the advertising, sale, display, or promotion of merchandise or services; or
613
(ii) any other commercial purpose except the transportation of property for hire or the
614
transportation of property for distribution by a private carrier.
615
[(42)] (43) "Mobility disability" means the inability of a person to use one or more of the
616
person's extremities or difficulty with motor skills, that may include limitations with
617
walking, grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other
618
condition.
619
[(43)] (44)(a) "Moped" means a motor-driven cycle having:
620
(i) pedals to permit propulsion by human power; and
621
(ii) a motor that:
622
(A) produces not more than two brake horsepower; and
623
(B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour
624
on level ground.
625
(b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
626
centimeters and the moped shall have a power drive system that functions directly or
627
automatically without clutching or shifting by the operator after the drive system is
628
engaged.
629
(c) "Moped" does not include:
630
(i) an electric assisted bicycle; or
631
(ii) a motor assisted scooter.
632
[(44)] (45)(a) "Motor assisted scooter" means a self-propelled device with:
633
(i) at least two wheels in contact with the ground;
634
(ii) a braking system capable of stopping the unit under typical operating conditions;
635
(iii) an electric motor not exceeding 2,000 watts;
636
(iv) either:
637
(A) handlebars and a deck design for a person to stand while operating the device;
638
or
639
(B) handlebars and a seat designed for a person to sit, straddle, or stand while
640
operating the device;
- 19 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
641
(v) a design for the ability to be propelled by human power alone; and
642
(vi) a maximum speed of 20 miles per hour on a paved level surface.
643
(b) "Motor assisted scooter" does not include:
644
(i) an electric assisted bicycle; or
645
(ii) a motor-driven cycle.
646
[(45)] (46)(a) "Motor vehicle" means a vehicle that is self-propelled and a vehicle that is
647
propelled by electric power obtained from overhead trolley wires, but not operated
648
upon rails.
649
(b) "Motor vehicle" does not include:
650
(i) vehicles moved solely by human power;
651
(ii) motorized wheelchairs;
652
(iii) an electric personal assistive mobility device;
653
(iv) an electric assisted bicycle;
654
(v) a motor assisted scooter;
655
(vi) a personal delivery device, as defined in Section 41-6a-1119; or
656
(vii) a mobile carrier, as defined in Section 41-6a-1120.
657
[(46)] (47) "Motorcycle" means:
658
(a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
659
and designed to travel with not more than three wheels in contact with the ground; or
660
(b) an autocycle.
661
[(47)] (48)(a) "Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle
662
having:
663
(i) an engine with less than 150 cubic centimeters displacement; or
664
(ii) a motor that produces not more than five horsepower.
665
(b) "Motor-driven cycle" does not include:
666
(i) an electric personal assistive mobility device;
667
(ii) a motor assisted scooter; or
668
(iii) an electric assisted bicycle.
669
[(48)] (49) "Off-highway implement of husbandry" means the same as that term is defined
670
under Section 41-22-2.
671
[(49)] (50) "Off-highway vehicle" means the same as that term is defined under Section
672
41-22-2.
673
[(50)] (51) "Operate" means the same as that term is defined in Section 41-1a-102.
674
[(51)] (52) "Operator" means:
- 20 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
675
(a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
676
(b) an automated driving system, as defined in Section 41-26-102.1, that operates a
677
vehicle.
678
[(52)] (53) "Other on-track equipment" means a railroad car, hi-rail vehicle, rolling stock, or
679
other device operated, alone or coupled with another device, on stationary rails.
680
[(53)] (54)(a) "Park" or "parking" means the standing of a vehicle, whether the vehicle is
681
occupied or not.
682
(b) "Park" or "parking" does not include:
683
(i) the standing of a vehicle temporarily for the purpose of and while actually
684
engaged in loading or unloading property or passengers; or
685
(ii) a motor vehicle with an engaged automated driving system that has achieved a
686
minimal risk condition, as those terms are defined in Section 41-26-102.1.
687
[(54)] (55) "Peace officer" means a peace officer authorized under Title 53, Chapter 13,
688
Peace Officer Classifications, to direct or regulate traffic or to make arrests for
689
violations of traffic laws.
690
[(55)] (56) "Pedestrian" means a person traveling:
691
(a) on foot; or
692
(b) in a wheelchair.
693
[(56)] (57) "Pedestrian traffic-control signal" means a traffic-control signal used to regulate
694
pedestrians.
695
[(57)] (58) "Person" means a natural person, firm, copartnership, association, corporation,
696
business trust, estate, trust, partnership, limited liability company, association, joint
697
venture, governmental agency, public corporation, or any other legal or commercial
698
entity.
699
[(58)] (59) "Pole trailer" means a vehicle without motive power:
700
(a) designed to be drawn by another vehicle and attached to the towing vehicle by means
701
of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle;
702
and
703
(b) that is ordinarily used for transporting long or irregular shaped loads including poles,
704
pipes, or structural members generally capable of sustaining themselves as beams
705
between the supporting connections.
706
[(59)] (60) "Private road or driveway" means every way or place in private ownership and
707
used for vehicular travel by the owner and those having express or implied permission
708
from the owner, but not by other persons.
- 21 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
709
[(60)] (61) "Programmable electric assisted bicycle" means an electric assisted bicycle with
710
capability to switch or be programmed to function as a class 1 electric assisted bicycle,
711
class 2 electric assisted bicycle, or class 3 electric assisted bicycle, provided that the
712
electric assisted bicycle fully conforms with the respective requirements of each class of
713
electric assisted bicycle when operated in that mode.
714
[(61)] (62) "Railroad" means a carrier of persons or property upon cars operated on
715
stationary rails.
716
[(62)] (63) "Railroad sign or signal" means a sign, signal, or device erected by authority of a
717
public body or official or by a railroad and intended to give notice of the presence of
718
railroad tracks or the approach of a railroad train.
719
[(63)] (64) "Railroad train" means a locomotive propelled by any form of energy, coupled
720
with or operated without cars, and operated upon rails.
721
[(64)] (65) "Restored-modified vehicle" means the same as the term defined in Section
722
41-1a-102.
723
[(65)] (66) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
724
lawful manner in preference to another vehicle or pedestrian approaching under
725
circumstances of direction, speed, and proximity that give rise to danger of collision
726
unless one grants precedence to the other.
727
[(66)] (67)(a) "Roadway" means that portion of highway improved, designed, or
728
ordinarily used for vehicular travel.
729
(b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
730
them are used by persons riding bicycles or other human-powered vehicles.
731
(c) "Roadway" refers to any roadway separately but not to all roadways collectively, if a
732
highway includes two or more separate roadways.
733
[(67)] (68) "Safety zone" means the area or space officially set apart within a roadway for
734
the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
735
signs as to be plainly visible at all times while set apart as a safety zone.
736
[(68)] (69)(a) "School bus" means a motor vehicle that:
737
(i) complies with the color and identification requirements of the most recent edition
738
of "Minimum Standards for School Buses"; and
739
(ii) is used to transport school children to or from school or school activities.
740
(b) "School bus" does not include a vehicle operated by a common carrier in
741
transportation of school children to or from school or school activities.
742
(70) "Self-balancing electric skateboard" means a device similar to a skateboard that:
- 22 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
743
(a) has a single wheel;
744
(b) is powered by an electric motor; and
745
(c) is designed for the operator to face perpendicular to the direction of travel while
746
operating the device.
747
[(69)] (71)(a) "Semitrailer" means a vehicle with or without motive power:
748
(i) designed for carrying persons or property and for being drawn by a motor vehicle;
749
and
750
(ii) constructed so that some part of its weight and that of its load rests on or is
751
carried by another vehicle.
752
(b) "Semitrailer" does not include a pole trailer.
753
[(70)] (72) "Shoulder area" means:
754
(a) that area of the hard-surfaced highway separated from the roadway by a pavement
755
edge line as established in the current approved "Manual on Uniform Traffic Control
756
Devices"; or
757
(b) that portion of the road contiguous to the roadway for accommodation of stopped
758
vehicles, for emergency use, and for lateral support.
759
[(71)] (73) "Sidewalk" means that portion of a street between the curb lines, or the lateral
760
lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
761
[(72)] (74)(a) "Soft-surface trail" means a marked trail surfaced with sand, rock, or dirt
762
that is designated for the use of a bicycle.
763
(b) "Soft-surface trail" does not mean a trail:
764
(i) where the use of a motor vehicle or an electric assisted bicycle is prohibited by a
765
federal law, regulation, or rule; or
766
(ii) located in whole or in part on land granted to the state or a political subdivision
767
subject to a conservation easement that prohibits the use of a motorized vehicle.
768
[(73)] (75) "Solid rubber tire" means a tire of rubber or other resilient material that does not
769
depend on compressed air for the support of the load.
770
[(74)] (76) "Stand" or "standing" means the temporary halting of a vehicle, whether
771
occupied or not, for the purpose of and while actually engaged in receiving or
772
discharging passengers.
773
[(75)] (77) "Stop" when required means complete cessation from movement.
774
[(76)] (78) "Stop" or "stopping" when prohibited means any halting even momentarily of a
775
vehicle, whether occupied or not, except when:
776
(a) necessary to avoid conflict with other traffic; or
- 23 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
777
(b) in compliance with the directions of a peace officer or traffic-control device.
778
[(77)] (79) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain type I
779
vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
780
the requirements of Section 41-6a-1509 to operate on highways in the state in
781
accordance with Section 41-6a-1509.
782
[(78)] (80) "Street-legal novel vehicle" means a vehicle registered as a novel vehicle under
783
Section 41-27-201 that is modified to meet the requirements of Section 41-6a-1509 to
784
operate on highways in the state in accordance with [with ]Section 41-6a-1509.
785
[(79)] (81) "Tow truck operator" means the same as that term is defined in Section 72-9-102.
786
[(80)] (82) "Tow truck motor carrier" means the same as that term is defined in Section
787
72-9-102.
788
[(81)] (83) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
789
conveyances either singly or together while using any highway for the purpose of travel.
790
[(82)] (84) "Traffic signal preemption device" means an instrument or mechanism designed,
791
intended, or used to interfere with the operation or cycle of a traffic-control signal.
792
[(83)] (85) "Traffic-control device" means a sign, signal, marking, or device not inconsistent
793
with this chapter placed or erected by a highway authority for the purpose of regulating,
794
warning, or guiding traffic.
795
[(84)] (86) "Traffic-control signal" means a device, whether manually, electrically, or
796
mechanically operated, by which traffic is alternately directed to stop and permitted to
797
proceed.
798
[(85)] (87)(a) "Trailer" means a vehicle with or without motive power designed for
799
carrying persons or property and for being drawn by a motor vehicle and constructed
800
so that no part of its weight rests upon the towing vehicle.
801
(b) "Trailer" does not include a pole trailer.
802
[(86)] (88) "Truck" means a motor vehicle designed, used, or maintained primarily for the
803
transportation of property.
804
[(87)] (89) "Truck tractor" means a motor vehicle:
805
(a) designed and used primarily for drawing other vehicles; and
806
(b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
807
tractor.
808
[(88)] (90) "Two-way left turn lane" means a lane:
809
(a) provided for vehicle operators making left turns in either direction;
810
(b) that is not used for passing, overtaking, or through travel; and
- 24 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
811
(c) that has been indicated by a lane traffic-control device that may include lane
812
markings.
813
[(89)] (91) "Urban district" means the territory contiguous to and including any street, in
814
which structures devoted to business, industry, or dwelling houses are situated at
815
intervals of less than 100 feet, for a distance of a quarter of a mile or more.
816
[(90)] (92) "Vehicle" means a device in, on, or by which a person or property is or may be
817
transported or drawn on a highway, except a mobile carrier, as defined in Section
818
41-6a-1120, or a device used exclusively on stationary rails or tracks.
819
Section 5. Section 41-6a-709 is amended to read:
820
41-6a-709 (Effective 05/07/25). One-way traffic.
821
(1) A highway authority may designate any highway, roadway, part of a roadway, or
822
specific lanes under the highway authority's jurisdiction for one direction of vehicle
823
travel at all times as indicated by traffic-control devices.
824
(2) On a roadway designated for one-way traffic, a person operating a vehicle shall operate
825
the vehicle in the direction indicated by traffic-control devices.
826
(3) A person operating a vehicle in a roundabout shall operate the vehicle only to the right
827
of the roundabout island.
828
(4)(a) [A] Except as provided in Subsection (4)(b), a violation of Subsection (2) or (3) is
829
an infraction.
830
(b) If the violation of Subsection (2) or (3) occurred as part of a road rage event, as that
831
term is defined in Section 41-1a-1101, a violation of Subsection (2) or (3) is a class C
832
misdemeanor.
833
Section 6. Section 41-6a-712 is amended to read:
834
41-6a-712 (Effective 05/07/25). Divided highway -- Use of right-hand side --
835
Crossing only where permitted.
836
(1) A person operating a vehicle on a divided highway shall use the right-hand roadway
837
unless directed or permitted to use another roadway by a traffic-control device or a
838
peace officer.
839
(2) A person operating a vehicle may not operate the vehicle over, across, or within any
840
dividing space, median, or barrier of a divided highway, except when:
841
(a) authorized by a traffic-control device or a peace officer; or
842
(b) operating a tow truck in response to a customer service call and the tow truck motor
843
carrier has already received authorization from the local law enforcement agency in
844
the jurisdiction where the vehicle to be towed is located.
- 25 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
845
(3)(a) [A ] Except as provided in Subsection (3)(b), a violation of this section is an
846
infraction.
847
(b) If the violation of this section occurred as part of a road rage event, as that term is
848
defined in Section 41-1a-1101, a violation of this section is a class C misdemeanor.
849
Section 7. Section 41-6a-714 is amended to read:
850
41-6a-714 (Effective 05/07/25). Freeway and controlled-access highways --
851
Driving onto and from highways where permitted.
852
(1) A person may not operate a vehicle onto or from any freeway or other controlled-access
853
highway except at entrances and exits established by the highway authority having
854
jurisdiction over the highway.
855
(2)(a) [A] Except as provided in Subsection (2)(b), a violation of Subsection (1) is an
856
infraction.
857
(b) If the violation of this section occurred as part of a road rage event, as that term is
858
defined in Section 41-1a-1101, a violation of this section is a class C misdemeanor.
859
Section 8. Section 41-6a-1102 is amended to read:
860
41-6a-1102 (Effective 05/07/25). Bicycle and device propelled by human power
861
and moped riders subject to chapter -- Exception.
862
(1) Except as provided under Subsection (2) or as otherwise specified under this part, a
863
person operating a bicycle, a vehicle or device propelled by human power, an electric
864
unicycle, or a moped has all the rights and is subject to the provisions of this chapter
865
applicable to the operator of any other vehicle.
866
(2) A person operating a nonmotorized bicycle or a vehicle or device propelled by human
867
power is not subject to the penalties related to operator licenses under alcohol and
868
drug-related traffic offenses.
869
Section 9. Section 41-6a-1116 is amended to read:
870
41-6a-1116 (Effective 05/07/25). Electric personal assistive mobility devices --
871
Conflicting provisions -- Restrictions -- Penalties.
872
(1)(a) Except as otherwise provided in this section, an electric personal assistive
873
mobility device is subject to the provisions under this chapter for a bicycle, moped,
874
or a motor-driven cycle.
875
(b) For a person operating an electric personal assistive mobility device, the following
876
provisions do not apply:
877
(i) seating positions under Section 41-6a-1501;
878
(ii) required lights, horns, and mirrors under Section 41-6a-1506;
- 26 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
879
(iii) entitlement to full use of a lane under Subsection 41-6a-1502(1); and
880
(iv) driver licensing requirements under Section 53-3-202.
881
(2) A person under 15 years[ of age ] old may not operate an electric personal assistive
882
mobility device using the motor unless the person is under the direct supervision of the
883
person's parent or guardian.
884
(3) A person may not operate an electric personal assistive mobility device:
885
(a) on a highway consisting of a total of four or more lanes designated for regular
886
vehicular traffic, except when operating in a lane designated for bicycle traffic;
887
(b) on a highway with a posted speed limit greater than 35 miles per hour, except when
888
operating in a lane designated for bicycle traffic; or
889
(c) that has been structurally or mechanically altered from the original manufacturer's
890
design.
891
(4) An owner may not authorize or knowingly permit a person to operate an electric
892
personal assistive mobility device in violation of this section.
893
(5) A person may operate an electric personal assistive mobility device on a sidewalk if the
894
operation does not:
895
(a) exceed a speed which is greater than is reasonable or prudent having due regard for
896
weather, visibility, and pedestrians; or
897
(b) endanger the safety of other persons or property.
898
(6) A person operating an electric personal assistive mobility device shall yield to a
899
pedestrian or other person using a mobility aid.
900
(7)(a) An electric personal assistive mobility device may be operated on:
901
(i) a path or trail designed for the use of a bicycle; or
902
(ii) on a highway where a bicycle is allowed[ if the speed limit on the highway does
903
not exceed 35 miles per hour.] , including any lane designated for bicycle traffic
904
regardless of the posted speed limit or number of general purpose lanes.
905
(b) A person operating an electric personal assistive mobility device in an area described
906
in Subsection (7)(a)(i) or (ii) is subject to the laws governing bicycles.
907
(8) A person may operate an electric personal assistive mobility device at night if the device
908
is equipped with or the operator is wearing:
909
(a) a lamp pointing to the front that emits a white light visible from a distance of not less
910
than 300 feet in front of the device; and
911
(b) front, rear, and side reflectors.
912
(9) A person may not operate an electric personal assistive mobility device while carrying
- 27 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
913
an article that prevents the person from keeping both hands on the handlebars or
914
interferes with the person's ability to safely operate the electric personal assistive
915
mobility device.
916
(10) Only one person may operate an electric personal assistive mobility device at a time.
917
(11) A person may not park an electric personal assistive mobility device on a highway or
918
sidewalk in a manner that obstructs vehicular or pedestrian traffic.
919
(12) A person who violates this section is guilty of an infraction.
920
Section 10. Section 41-6a-1121 is enacted to read:
921
41-6a-1121 (Effective 05/07/25). Electric unicycles.
922
(1)(a) Except as otherwise provided in this section, an electric unicycle is subject to the
923
provisions under this chapter for a bicycle.
924
(b) For a individual operating an electric unicycle, the following provisions do not apply:
925
(i) seating positions and handle bar usage under Sections 41-6a-1112 and 41-6a-1501;
926
(ii) required lights, horns, and mirrors under Section 41-6a-1506; and
927
(iii) driver licensing requirements under Section 53-3-202.
928
(c) A individual may operate an electric unicycle across a roadway in a crosswalk,
929
except that the individual may not operate the electric unicycle in a negligent manner
930
in the crosswalk:
931
(i) so as to collide with a:
932
(A) pedestrian; or
933
(B) individual operating a bicycle, vehicle, or device propelled by human power;
934
or
935
(ii) at a speed greater than is reasonable and prudent under the existing conditions,
936
giving regard to the actual and potential hazards then existing.
937
(2) A individual under eight years old may not operate an electric unicycle on any public
938
property, highway, path, or sidewalk.
939
(3) A individual may not operate an electric unicycle:
940
(a) on public property posted as an area prohibiting bicycles;
941
(b) while carrying more individuals at one time than the number for which the electric
942
unicycle is designed;
943
(c) that has been structurally or mechanically altered from the original manufacturer's
944
design, except for an alteration by, or done at the request of, a individual who rents
945
the electric unicycle to lower the maximum speed for the electric unicycle; or
946
(d) at a speed of greater than 28 miles per hour or in violation of Subsection
- 28 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
947
41-6a-1115.1(3).
948
(4) An owner may not authorize or knowingly permit a individual under 18 years old to
949
operate an electric unicycle in violation of this section.
950
(5) A individual who violates this section is guilty of an infraction.
951
Section 11. Section 41-6a-1122 is enacted to read:
952
41-6a-1122 (Effective 05/07/25). Self-balancing electric skateboards.
953
(1)(a) Except as otherwise provided in this section, a self-balancing electric skateboard
954
is subject to the provisions under this chapter for a bicycle.
955
(b) A person may not operate a self-balancing electric skateboard on a roadway, except
956
while operating in a lane designated for bicycle traffic.
957
(c) For a person operating a self-balancing electric skateboard, the following provisions
958
do not apply:
959
(i) any reference to seating positions and handle bar usage, including under Sections
960
41-6a-1112 and 41-6a-1501;
961
(ii) required lights, horns, and mirrors under Section 41-6a-1506; and
962
(iii) driver licensing requirements under Section 53-3-202.
963
(d) A person may operate a self-balancing electric skateboard across a roadway in a
964
crosswalk, except that the person may not operate the self-balancing electric
965
skateboard in a negligent manner in the crosswalk:
966
(i) so as to collide with a:
967
(A) pedestrian; or
968
(B) person operating a bicycle, vehicle, or device propelled by human power; or
969
(ii) at a speed greater than is reasonable and prudent under the existing conditions,
970
giving regard to the actual and potential hazards then existing.
971
(2) A person under eight years old may not operate a self-balancing electric skateboard on
972
any public property, highway, path, or sidewalk.
973
(3) A person may not operate a self-balancing electric skateboard:
974
(a) on public property posted as an area prohibiting bicycles;
975
(b) while carrying more persons at one time than the number for which the
976
self-balancing electric skateboard is designed;
977
(c) that has been structurally or mechanically altered from the original manufacturer's
978
design, except for an alteration by, or done at the request of, a person who rents the
979
self-balancing electric skateboard to lower the maximum speed for the self-balancing
980
electric skateboard; or
- 29 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
981
(d) at a speed of greater than 15 miles per hour or in violation of Subsection
982
41-6a-1115.1(3).
983
(4) An owner may not authorize or knowingly permit a person under 18 years old to operate
984
a self-balancing electric skateboard in violation of this section.
985
(5) A person who violates this section is guilty of an infraction.
986
Section 12. Section 41-6a-1642 is amended to read:
987
41-6a-1642 (Effective 05/07/25). Emissions inspection -- County program.
988
(1) The legislative body of each county required under federal law to utilize a motor vehicle
989
emissions inspection and maintenance program or in which an emissions inspection and
990
maintenance program is necessary to attain or maintain any national ambient air quality
991
standard shall require:
992
(a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle is
993
exempt from emissions inspection and maintenance program requirements be
994
presented:
995
(i) as a condition of registration or renewal of registration; and
996
(ii) at other times as the county legislative body may require to enforce inspection
997
requirements for individual motor vehicles, except that the county legislative body
998
may not routinely require a certificate of emissions inspection, or waiver of the
999
certificate, more often than required under Subsection (9); and
1000
(b) compliance with this section for a motor vehicle registered or principally operated in
1001
the county and owned by or being used by a department, division, instrumentality,
1002
agency, or employee of:
1003
(i) the federal government;
1004
(ii) the state and any of its agencies; or
1005
(iii) a political subdivision of the state, including school districts.
1006
(2)(a) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
1007
inspection and maintenance program certificate of emissions inspection as described
1008
in Subsection (1), but the program may not deny vehicle registration based solely on
1009
the presence of a defeat device covered in the Volkswagen partial consent decrees or
1010
a United States Environmental Protection Agency-approved vehicle modification in
1011
the following vehicles:
1012
(i) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1013
emissions are mitigated in the state pursuant to a partial consent decree, including:
1014
(A) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
- 30 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
1015
(B) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013,
1016
and 2014;
1017
(C) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
1018
(D) Volkswagen Golf Sportwagen, model year 2015;
1019
(E) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
1020
(F) Volkswagen Beetle, model years 2013, 2014, and 2015;
1021
(G) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
1022
(H) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
1023
(ii) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1024
emissions are mitigated in the state to a settlement, including:
1025
(A) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015,
1026
and 2016;
1027
(B) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
1028
(C) Audi A6 Quattro, model years 2014, 2015, and 2016;
1029
(D) Audi A7 Quattro, model years 2014, 2015, and 2016;
1030
(E) Audi A8, model years 2014, 2015, and 2016;
1031
(F) Audi A8L, model years 2014, 2015, and 2016;
1032
(G) Audi Q5, model years 2014, 2015, and 2016; and
1033
(H) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
1034
(b)(i) An owner of a restored-modified vehicle subject to Subsection (1) shall obtain
1035
a motor vehicle emissions inspection and maintenance program certificate of
1036
emissions inspection as described in Subsection (1).
1037
(ii) A county emissions program may not refuse to perform an emissions inspection
1038
or indicate a failed emissions test of the vehicle based solely on a modification to
1039
the engine or component of the motor vehicle if:
1040
(A) the modification is not likely to result in the motor vehicle having increased
1041
emissions relative to the emissions of the motor vehicle before the
1042
modification; and
1043
(B) the motor vehicle modification is a change to an engine that is newer than the
1044
engine with which the motor vehicle was originally equipped, or the engine
1045
includes technology that increases the facility of the administration of an
1046
emissions test, such as an on-board diagnostics system.
1047
(iii) The first time an owner seeks to obtain an emissions inspection as a prerequisite
1048
to registration of a restored-modified vehicle:
- 31 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
1049
(A) the owner shall present the signed statement described in Subsection
1050
41-1a-226(4); and
1051
(B) the county emissions program shall perform the emissions test.
1052
(iv) If a motor vehicle is registered as a restored-modified vehicle and the registration
1053
certificate is notated as described in Subsection 41-1a-226(4), a county emissions
1054
program may not refuse to perform an emissions test based solely on the
1055
restored-modified status of the motor vehicle.
1056
(3)(a) The legislative body of a county identified in Subsection (1), in consultation with
1057
the Air Quality Board created under Section 19-1-106, shall make regulations or
1058
ordinances regarding:
1059
(i) emissions standards;
1060
(ii) test procedures;
1061
(iii) inspections stations;
1062
(iv) repair requirements and dollar limits for correction of deficiencies; and
1063
(v) certificates of emissions inspections.
1064
(b) In accordance with Subsection (3)(a), a county legislative body:
1065
(i) shall make regulations or ordinances to attain or maintain ambient air quality
1066
standards in the county, consistent with the state implementation plan and federal
1067
requirements;
1068
(ii) may allow for a phase-in of the program by geographical area; and
1069
(iii) shall comply with the analyzer design and certification requirements contained in
1070
the state implementation plan prepared under Title 19, Chapter 2, Air
1071
Conservation Act.
1072
(c) The county legislative body and the Air Quality Board shall give preference to an
1073
inspection and maintenance program that:
1074
(i) is decentralized, to the extent the decentralized program will attain and maintain
1075
ambient air quality standards and meet federal requirements;
1076
(ii) is the most cost effective means to achieve and maintain the maximum benefit
1077
with regard to ambient air quality standards and to meet federal air quality
1078
requirements as related to vehicle emissions; and
1079
(iii) provides a reasonable phase-out period for replacement of air pollution emission
1080
testing equipment made obsolete by the program.
1081
(d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
1082
(i) may be accomplished in accordance with applicable federal requirements; and
- 32 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
1083
(ii) does not otherwise interfere with the attainment and maintenance of ambient air
1084
quality standards.
1085
(4) The following vehicles are exempt from an emissions inspection program and the
1086
provisions of this section:
1087
(a) an implement of husbandry as defined in Section 41-1a-102;
1088
(b) a motor vehicle that:
1089
(i) meets the definition of a farm truck under Section 41-1a-102; and
1090
(ii) has a gross vehicle weight rating of 12,001 pounds or more;
1091
(c) a vintage vehicle as defined in Section 41-21-1:
1092
(i) if the vintage vehicle has a model year of 1982 or older; or
1093
(ii) for a vintage vehicle that has a model year of 1983 or newer, if the owner
1094
provides proof of vehicle insurance that is a type specific to a vehicle collector;
1095
(d) a custom vehicle as defined in Section 41-6a-1507;
1096
(e) a vehicle registered as a novel vehicle under Section 41-27-201;
1097
(f) to the extent allowed under the current federally approved state implementation plan,
1098
in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
1099
vehicle that is less than two years old on January 1 based on the age of the vehicle as
1100
determined by the model year identified by the manufacturer;
1101
(g) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating of
1102
12,000 pounds or less, if the registered owner of the pickup truck provides a signed
1103
statement to the legislative body stating the truck is used:
1104
(i) by the owner or operator of a farm located on property that qualifies as land in
1105
agricultural use under Sections 59-2-502 and 59-2-503; and
1106
(ii) exclusively for the following purposes in operating the farm:
1107
(A) for the transportation of farm products, including livestock and its products,
1108
poultry and its products, floricultural and horticultural products; and
1109
(B) in the transportation of farm supplies, including tile, fence, and every other
1110
thing or commodity used in agricultural, floricultural, horticultural, livestock,
1111
and poultry production and maintenance;
1112
(h) a motorcycle as defined in Section 41-1a-102;
1113
(i) an electric motor vehicle as defined in Section 41-1a-102;
1114
(j) a motor vehicle with a model year of 1967 or older; and
1115
(k) a roadable aircraft as defined in Section 72-10-102.
1116
(5) The county shall issue to the registered owner who signs and submits a signed statement
- 33 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
1117
under Subsection (4)(g) a certificate of exemption from emissions inspection
1118
requirements for purposes of registering the exempt vehicle.
1119
(6) A legislative body of a county described in Subsection (1) may exempt from an
1120
emissions inspection program a diesel-powered motor vehicle with a:
1121
(a) gross vehicle weight rating of more than 14,000 pounds; or
1122
(b) model year of 1997 or older.
1123
(7) The legislative body of a county required under federal law to utilize a motor vehicle
1124
emissions inspection program shall require:
1125
(a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
1126
(i) a model year of 2007 or newer;
1127
(ii) a gross vehicle weight rating of 14,000 pounds or less; and
1128
(iii) a model year that is five years old or older; and
1129
(b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
1130
(i) with a gross vehicle weight rating of 14,000 pounds or less;
1131
(ii) that has a model year of 1998 or newer; and
1132
(iii) that has a model year that is five years old or older.
1133
(8)(a) Subject to Subsection (8)(c), the legislative body of each county required under
1134
federal law to utilize a motor vehicle emissions inspection and maintenance program
1135
or in which an emissions inspection and maintenance program is necessary to attain
1136
or maintain any national ambient air quality standard may require each college or
1137
university located in a county subject to this section to require its students and
1138
employees who park a motor vehicle not registered in a county subject to this section
1139
to provide proof of compliance with an emissions inspection accepted by the county
1140
legislative body if the motor vehicle is parked on the college or university campus or
1141
property.
1142
(b) College or university parking areas that are metered or for which payment is required
1143
per use are not subject to the requirements of this Subsection (8).
1144
(c) The legislative body of a county shall make the reasons for implementing the
1145
provisions of this Subsection (8) part of the record at the time that the county
1146
legislative body takes its official action to implement the provisions of this
1147
Subsection (8).
1148
(9)(a) An emissions inspection station shall issue a certificate of emissions inspection for
1149
each motor vehicle that meets the inspection and maintenance program requirements
1150
established in regulations or ordinances made under Subsection (3).
- 34 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
1151
(b) The frequency of the emissions inspection shall be determined based on the age of
1152
the vehicle as determined by model year and shall be required annually subject to the
1153
provisions of Subsection (9)(c).
1154
(c)(i) To the extent allowed under the current federally approved state
1155
implementation plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec.
1156
7401 et seq., the legislative body of a county identified in Subsection (1) shall
1157
only require the emissions inspection every two years for each vehicle.
1158
(ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
1159
years old on January 1.
1160
(iii) For a county required to implement a new vehicle emissions inspection and
1161
maintenance program on or after December 1, 2012, under Subsection (1), but for
1162
which no current federally approved state implementation plan exists, a vehicle
1163
shall be tested at a frequency determined by the county legislative body, in
1164
consultation with the Air Quality Board created under Section 19-1-106, that is
1165
necessary to comply with federal law or attain or maintain any national ambient
1166
air quality standard.
1167
(iv) If a county legislative body establishes or changes the frequency of a vehicle
1168
emissions inspection and maintenance program under Subsection (9)(c)(iii), the
1169
establishment or change shall take effect on January 1 if the State Tax
1170
Commission receives notice meeting the requirements of Subsection (9)(c)(v)
1171
from the county before October 1.
1172
(v) The notice described in Subsection (9)(c)(iv) shall:
1173
(A) state that the county will establish or change the frequency of the vehicle
1174
emissions inspection and maintenance program under this section;
1175
(B) include a copy of the ordinance establishing or changing the frequency; and
1176
(C) if the county establishes or changes the frequency under this section, state how
1177
frequently the emissions testing will be required.
1178
(d) If an emissions inspection is only required every two years for a vehicle under
1179
Subsection (9)(c), the inspection shall be required for the vehicle in:
1180
(i) odd-numbered years for vehicles with odd-numbered model years; or
1181
(ii) in even-numbered years for vehicles with even-numbered model years.
1182
(10)(a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
1183
required under this section may be made no more than two months before the
1184
renewal of registration.
- 35 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
1185
(b)(i) If the title of a used motor vehicle is being transferred, the owner may use an
1186
emissions inspection certificate issued for the motor vehicle during the previous
1187
11 months to satisfy the requirement under this section.
1188
(ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner
1189
may use an emissions inspection certificate issued for the motor vehicle in a
1190
licensed and bonded motor vehicle dealer's name during the previous 11 months to
1191
satisfy the requirement under this section.
1192
(c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
1193
lessee may use an emissions inspection certificate issued during the previous 11
1194
months to satisfy the requirement under this section.
1195
(d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not use
1196
an emissions inspection made more than 11 months before the renewal of registration
1197
to satisfy the requirement under this section.
1198
(e) If the application for renewal of registration is for a six-month registration period
1199
under Section 41-1a-215.5, the owner may use an emissions inspection certificate
1200
issued during the previous eight months to satisfy the requirement under this section.
1201
(11)(a) A county identified in Subsection (1) shall collect information about and monitor
1202
the program.
1203
(b) A county identified in Subsection (1) shall supply this information to[ an appropriate
1204
legislative committee, as designated by the Legislative Management Committee,
1205
at times determined by the designated committee ] the Transportation Interim
1206
Committee to identify program needs, including funding needs.
1207
(12) If approved by the county legislative body, a county that had an established emissions
1208
inspection fee as of January 1, 2002, may increase the established fee that an emissions
1209
inspection station may charge by $2.50 for each year that is exempted from emissions
1210
inspections under Subsection (9)(c) up to a $7.50 increase.
1211
(13)(a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
1212
Subsection (1) may impose a local emissions compliance fee on each motor vehicle
1213
registration within the county in accordance with the procedures and requirements of
1214
Section 41-1a-1223.
1215
(b) A county that imposes a local emissions compliance fee may use revenues generated
1216
from the fee for the establishment and enforcement of an emissions inspection and
1217
maintenance program in accordance with the requirements of this section.
1218
(c) A county that imposes a local emissions compliance fee may use revenues generated
- 36 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
1219
from the fee to promote programs to maintain a local, state, or national ambient air
1220
quality standard.
1221
(14)(a) If a county has reason to believe that a vehicle owner has provided an address as
1222
required in Section 41-1a-209 to register or attempt to register a motor vehicle in a
1223
county other than the county of the bona fide residence of the owner in order to avoid
1224
an emissions inspection required under this section, the county may investigate and
1225
gather evidence to determine whether the vehicle owner has used a false address or
1226
an address other than the vehicle owner's bona fide residence or place of business.
1227
(b) If a county conducts an investigation as described in Subsection (14)(a) and
1228
determines that the vehicle owner has used a false or improper address in an effort to
1229
avoid an emissions inspection as required in this section, the county may impose a
1230
civil penalty of $1,000.
1231
(15) A county legislative body described in Subsection (1) may exempt a motor vehicle
1232
from an emissions inspection if:
1233
(a) the motor vehicle is 30 years old or older;
1234
(b) the county determines that the motor vehicle was driven less than 1,500 miles during
1235
the preceding 12-month period; and
1236
(c) the owner provides to the county legislative body a statement signed by the owner
1237
that states the motor vehicle:
1238
(i) is primarily a collector's item used for:
1239
(A) participation in club activities;
1240
(B) exhibitions;
1241
(C) tours; or
1242
(D) parades; or
1243
(ii) is only used for occasional transportation.
1244
Section 13. Section 53-2a-1102 is amended to read:
1245
53-2a-1102 (Effective 05/07/25). Search and Rescue Financial Assistance
1246
Program -- Uses -- Rulemaking -- Distribution.
1247
(1) As used in this section:
1248
(a) "Assistance card program" means the Utah Search and Rescue Assistance Card
1249
Program created within this section.
1250
(b) "Card" means the Search and Rescue Assistance Card issued under this section to a
1251
participant.
1252
(c) "Participant" means an individual, family, or group who is registered pursuant to this
- 37 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
1253
section as having a valid card at the time search, rescue, or both are provided.
1254
(d) "Program" means the Search and Rescue Financial Assistance Program created
1255
within this section.
1256
(e)(i) "Reimbursable base expenses" means those reasonable expenses incidental to
1257
search and rescue activities.
1258
(ii) "Reimbursable base expenses" include:
1259
(A) rental for fixed wing aircraft, snowmobiles, boats, and generators;
1260
(B) replacement and upgrade of search and rescue equipment;
1261
(C) training of search and rescue volunteers;
1262
(D) costs of providing life insurance and workers' compensation benefits for
1263
volunteer search and rescue team members under Section 67-20-7.5; and
1264
(E) any other equipment or expenses necessary or appropriate for conducting
1265
search and rescue activities.
1266
(iii) "Reimbursable base expenses" do not include any salary or overtime paid to an
1267
individual on a regular or permanent payroll, including permanent part-time
1268
employees of any agency of the state.
1269
(f) "Rescue" means search services, rescue services, or both search and rescue services.
1270
(2) There is created the Search and Rescue Financial Assistance Program within the
1271
division.
1272
(3)(a) The financial program and the assistance card program shall be funded from the
1273
following revenue sources:
1274
(i) any voluntary contributions to the state received for search and rescue operations;
1275
(ii) money received by the state under Subsection (11) and under Sections 23A-4-209,
1276
41-22-34, and 73-18-24;
1277
(iii) money deposited under [Subsection 59-12-103(13)] Section 59-12-103 as a
1278
dedicated credit for the sole use of the Search and Rescue Financial Assistance
1279
Program;
1280
(iv) contributions deposited in accordance with Section 41-1a-230.7; and
1281
(v) appropriations made to the program by the Legislature.
1282
(b) Money received from the revenue sources in Subsections (3)(a)(i), (ii), and (iv), and
1283
90% of the money described in Subsection (3)(a)(iii), shall be deposited into the
1284
General Fund as a dedicated credit to be used solely for the program.
1285
(c) Ten percent of the money described in Subsection (3)(a)(iii) shall be deposited into
1286
the General Fund as a dedicated credit to be used solely to promote the assistance
- 38 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
1287
card program.
1288
(d) Funding for the program is nonlapsing.
1289
(4) Subject to Subsections (3)(b) and (c), the director shall use the money described in this
1290
section to reimburse counties for all or a portion of each county's reimbursable base
1291
expenses for search and rescue operations, subject to:
1292
(a) the approval of the Search and Rescue Advisory Board as provided in Section
1293
53-2a-1104;
1294
(b) money available in the program; and
1295
(c) rules made under Subsection (7).
1296
(5) Money described in Subsection (3) may not be used to reimburse for any paid personnel
1297
costs or paid man hours spent in emergency response and search and rescue related
1298
activities.
1299
(6) The Legislature finds that these funds are for a general and statewide public purpose.
1300
(7) The division, with the approval of the Search and Rescue Advisory Board, shall make
1301
rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1302
and consistent with this section:
1303
(a) specifying the costs that qualify as reimbursable base expenses;
1304
(b) defining the procedures of counties to submit expenses and be reimbursed;
1305
(c) defining a participant in the assistance card program, including:
1306
(i) individuals; and
1307
(ii) families and organized groups who qualify as participants;
1308
(d) defining the procedure for issuing a card to a participant;
1309
(e) defining excluded expenses that may not be reimbursed under the program, including
1310
medical expenses;
1311
(f) establishing the card renewal cycle for the Utah Search and Rescue Assistance Card
1312
Program;
1313
(g) establishing the frequency of review of the fee schedule;
1314
(h) providing for the administration of the program; and
1315
(i) providing a formula to govern the distribution of available money among the counties
1316
for uncompensated search and rescue expenses based on:
1317
(i) the total qualifying expenses submitted;
1318
(ii) the number of search and rescue incidents per county population;
1319
(iii) the number of victims that reside outside the county; and
1320
(iv) the number of volunteer hours spent in each county in emergency response and
- 39 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
1321
search and rescue related activities per county population.
1322
(8)(a) The division shall, in consultation with the Division of Outdoor Recreation,
1323
establish the fee schedule of the Utah Search and Rescue Assistance Card Program
1324
under Subsection 63J-1-504(7).
1325
(b) The division shall provide a discount of not less than 10% of the card fee under
1326
Subsection (8)(a) to a person who has paid a fee under Section 23A-4-209, 41-22-34,
1327
or 73-18-24 during the same calendar year in which the person applies to be a
1328
participant in the assistance card program.
1329
(9) Counties may not bill reimbursable base expenses to an individual for costs incurred for
1330
the rescue of an individual, if the individual is a current participant in the Utah Search
1331
and Rescue Assistance Card Program at the time of rescue, unless:
1332
(a) the rescuing county finds that the participant acted recklessly in creating a situation
1333
resulting in the need for the county to provide rescue services; or
1334
(b) the rescuing county finds that the participant intentionally created a situation
1335
resulting in the need for the county to provide rescue services.
1336
(10)(a) There is created the Utah Search and Rescue Assistance Card Program. The
1337
program is located within the division.
1338
(b) The program may not be used to cover any expenses, such as medically related
1339
expenses, that are not reimbursable base expenses related to the rescue.
1340
(11)(a) To participate in the program, a person shall purchase a search and rescue
1341
assistance card from the division by paying the fee as determined by the division in
1342
Subsection (8).
1343
(b) The money generated by the fees shall be deposited into the General Fund as a
1344
dedicated credit for the Search and Rescue Financial Assistance Program created in
1345
this section.
1346
(c) Participation and payment of fees by a person under Sections 23A-4-209, 41-22-34,
1347
and 73-18-24 do not constitute purchase of a card under this section.
1348
(12) The division shall consult with the Division of Outdoor Recreation regarding:
1349
(a) administration of the assistance card program; and
1350
(b) outreach and marketing strategies.
1351
(13) Pursuant to Subsection 31A-1-103(7), the Utah Search and Rescue Assistance Card
1352
Program under this section is exempt from being considered insurance as that term is
1353
defined in Section 31A-1-301.
1354
Section 14. Section 53-2d-101 is amended to read:
- 40 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
1355
53-2d-101 (Effective 05/07/25). Definitions.
1356
As used in this chapter:
1357
(1)(a)[(a)] (i) "911 ambulance or paramedic services" means:
1358
[(i)] (A) either:
1359
[(A)] (I) 911 ambulance service;
1360
[(B)] (II) 911 paramedic service; or
1361
[(C)] (III) both 911 ambulance and paramedic service; and
1362
[(ii)] (B) a response to a 911 call received by a designated dispatch center that
1363
receives 911 or E911 calls.
1364
[(b)] (ii) "911 ambulance or paramedic services" does not mean a seven or 10 digit
1365
telephone call received directly by an ambulance provider licensed under this
1366
chapter.
1367
(2) "Air ambulance" means an ambulance that operates through air flight.
1368
(3) "Air ambulance provider" means an ambulance provider that provides emergency
1369
medical services using an air ambulance.
1370
[(2)] (4) "Ambulance" means a ground, air, or water vehicle that:
1371
(a) transports patients and is used to provide emergency medical services; and
1372
(b) is required to obtain a permit under Section 53-2d-404 to operate in the state.
1373
[(3)] (5) "Ambulance provider" means an emergency medical service provider that:
1374
(a) transports and provides emergency medical care to patients; and
1375
(b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
1376
[(4)] (6) "Automatic external defibrillator" or "AED" means an automated or automatic
1377
computerized medical device that:
1378
(a) has received pre-market notification approval from the United States Food and Drug
1379
Administration, pursuant to 21 U.S.C. Sec. 360(k);
1380
(b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid
1381
ventricular tachycardia;
1382
(c) is capable of determining, without intervention by an operator, whether defibrillation
1383
should be performed; and
1384
(d) upon determining that defibrillation should be performed, automatically charges,
1385
enabling delivery of, or automatically delivers, an electrical impulse through the
1386
chest wall and to an individual's heart.
1387
[(5)] (7)(a) "Behavioral emergency services" means delivering a behavioral health
1388
intervention to a patient in an emergency context within a scope and in accordance
- 41 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
1389
with guidelines established by the department.
1390
(b) "Behavioral emergency services" does not include engaging in the:
1391
(i) practice of mental health therapy as defined in Section 58-60-102;
1392
(ii) practice of psychology as defined in Section 58-61-102;
1393
(iii) practice of clinical social work as defined in Section 58-60-202;
1394
(iv) practice of certified social work as defined in Section 58-60-202;
1395
(v) practice of marriage and family therapy as defined in Section 58-60-302;
1396
(vi) practice of clinical mental health counseling as defined in Section 58-60-402; or
1397
(vii) practice as a substance use disorder counselor as defined in Section 58-60-502.
1398
[(6)] (8) "Bureau" means the Bureau of Emergency Medical Services created in Section
1399
53-2d-102.
1400
[(7)] (9) "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external
1401
chest compression applied to a person who is unresponsive and not breathing.
1402
[(8)] (10) "Committee" means the Trauma System and Emergency Medical Services
1403
Committee created by Section 53-2d-104.
1404
[(9)] (11) "Community paramedicine" means medical care:
1405
(a) provided by emergency medical service personnel; and
1406
(b) provided to a patient who is not:
1407
(i) in need of ambulance transportation; or
1408
(ii) located in a health care facility as defined in Section 26B-2-201.
1409
[(10)] (12) "Direct medical observation" means in-person observation of a patient by a
1410
physician, registered nurse, physician's assistant, or individual licensed under Section
1411
26B-4-116.
1412
[(11)] (13) "Emergency medical condition" means:
1413
(a) a medical condition that manifests itself by symptoms of sufficient severity,
1414
including severe pain, that a prudent layperson, who possesses an average knowledge
1415
of health and medicine, could reasonably expect the absence of immediate medical
1416
attention to result in:
1417
(i) placing the individual's health in serious jeopardy;
1418
(ii) serious impairment to bodily functions; or
1419
(iii) serious dysfunction of any bodily organ or part; or
1420
(b) a medical condition that in the opinion of a physician or the physician's designee
1421
requires direct medical observation during transport or may require the intervention
1422
of an individual licensed under Section 53-2d-402 during transport.
- 42 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
1423
[(12)] (14) "Emergency medical dispatch center" means a public safety answering point, as
1424
defined in Section 63H-7a-103, that is designated as an emergency medical dispatch
1425
center by the bureau.
1426
[(13)] (15)(a) "Emergency medical service personnel" means an individual who provides
1427
emergency medical services or behavioral emergency services to a patient and is
1428
required to be licensed or certified under Section 53-2d-402.
1429
(b) "Emergency medical service personnel" includes a paramedic, medical director of a
1430
licensed emergency medical service provider, emergency medical service instructor,
1431
behavioral emergency services technician, other categories established by the
1432
committee, and a certified emergency medical dispatcher.
1433
[(14)] (16) "Emergency medical service providers" means:
1434
(a) licensed ambulance providers and paramedic providers;
1435
(b) a facility or provider that is required to be designated under Subsection 53-2d-403
1436
(1)(a); and
1437
(c) emergency medical service personnel.
1438
[(15)] (17) "Emergency medical services" means:
1439
(a) medical services;
1440
(b) transportation services;
1441
(c) behavioral emergency services; or
1442
(d) any combination of the services described in Subsections [(15)(a)] (17)(a) through (c).
1443
[(16)] (18) "Emergency medical service vehicle" means a land, air, or water vehicle that is:
1444
(a) maintained and used for the transportation of emergency medical personnel,
1445
equipment, and supplies to the scene of a medical emergency; and
1446
(b) required to be permitted under Section 53-2d-404.
1447
[(17)] (19) "Governing body":
1448
(a) means the same as that term is defined in Section 11-42-102; and
1449
(b) for purposes of a "special service district" under Section 11-42-102, means a special
1450
service district that has been delegated the authority to select a provider under this
1451
chapter by the special service district's legislative body or administrative control
1452
board.
1453
[(18)] (20) "Interested party" means:
1454
(a) a licensed or designated emergency medical services provider that provides
1455
emergency medical services within or in an area that abuts an exclusive geographic
1456
service area that is the subject of an application submitted pursuant to Part 5,
- 43 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
1457
Ambulance and Paramedic Providers;
1458
(b) any municipality, county, or fire district that lies within or abuts a geographic service
1459
area that is the subject of an application submitted pursuant to Part 5, Ambulance and
1460
Paramedic Providers; or
1461
(c) the department when acting in the interest of the public.
1462
[(19)] (21) "Level of service" means the level at which an ambulance provider type of
1463
service is licensed as:
1464
(a) emergency medical technician;
1465
(b) advanced emergency medical technician; or
1466
(c) paramedic.
1467
[(20)] (22) "Medical control" means a person who provides medical supervision to an
1468
emergency medical service provider.
1469
[(21)] (23) "Non-911 service" means transport of a patient that is not 911 transport under
1470
Subsection (1).
1471
[(22)] (24) "Nonemergency secured behavioral health transport" means an entity that:
1472
(a) provides nonemergency secure transportation services for an individual who:
1473
(i) is not required to be transported by an ambulance under Section 53-2d-405; and
1474
(ii) requires behavioral health observation during transport between any of the
1475
following facilities:
1476
(A) a licensed acute care hospital;
1477
(B) an emergency patient receiving facility;
1478
(C) a licensed mental health facility; and
1479
(D) the office of a licensed health care provider; and
1480
(b) is required to be designated under Section 53-2d-403.
1481
[(23)] (25) "Paramedic provider" means an entity that:
1482
(a) employs emergency medical service personnel; and
1483
(b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
1484
[(24)] (26) "Patient" means an individual who, as the result of illness, injury, or a behavioral
1485
emergency condition, meets any of the criteria in Section 26B-4-119.
1486
[(25)] (27) "Political subdivision" means:
1487
(a) a city or town;
1488
(b) a county;
1489
(c) a special service district created under Title 17D, Chapter 1, Special Service District
1490
Act, for the purpose of providing fire protection services under Subsection 17D-1-201
- 44 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
1491
(9);
1492
(d) a special district created under Title 17B, Limited Purpose Local Government
1493
Entities - Special Districts, for the purpose of providing fire protection, paramedic,
1494
and emergency services;
1495
(e) areas coming together as described in Subsection 53-2d-505.2(2)(b)(ii); or
1496
(f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act.
1497
[(26)] (28) "Sudden cardiac arrest" means a life-threatening condition that results when a
1498
person's heart stops or fails to produce a pulse.
1499
[(27)] (29) "Trauma" means an injury requiring immediate medical or surgical intervention.
1500
[(28)] (30) "Trauma system" means a single, statewide system that:
1501
(a) organizes and coordinates the delivery of trauma care within defined geographic
1502
areas from the time of injury through transport and rehabilitative care; and
1503
(b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
1504
delivering care for trauma patients, regardless of severity.
1505
[(29)] (31) "Triage" means the sorting of patients in terms of disposition, destination, or
1506
priority. For prehospital trauma victims, triage requires a determination of injury
1507
severity to assess the appropriate level of care according to established patient care
1508
protocols.
1509
[(30)] (32) "Triage, treatment, transportation, and transfer guidelines" means written
1510
procedures that:
1511
(a) direct the care of patients; and
1512
(b) are adopted by the medical staff of an emergency patient receiving facility, trauma
1513
center, or an emergency medical service provider.
1514
[(31)] (33) "Type of service" means the category at which an ambulance provider is licensed
1515
as:
1516
(a) ground ambulance transport;
1517
(b) ground ambulance interfacility transport; or
1518
(c) both ground ambulance transport and ground ambulance interfacility transport.
1519
Section 15. Section 53-2d-517 is enacted to read:
1520
53-2d-517 (Effective 05/07/25). Air ambulance requirements.
1521
(1) A licensed air ambulance provider shall provide to all emergency medical dispatch
1522
centers the real-time location and availability of the air ambulance using statewide
1523
software that updates from a location transponder or computer-aided dispatch interface.
1524
(2) An emergency medical dispatch center shall dispatch an air ambulance that the
- 45 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
1525
emergency medical dispatch center determines:
1526
(a) is nearest to the location requiring emergency medical services;
1527
(b) is readily available; and
1528
(c) is the most appropriate air ambulance provider for the particular emergency
1529
circumstance based on the needs of the patient and the capabilities of the air
1530
ambulance provider.
1531
(3) An air ambulance that is currently transporting a patient may not:
1532
(a) be dispatched for a different emergency medical situation; or
1533
(b) deviate from the current emergency service and patient to respond to a different
1534
emergency medical dispatch communication.
1535
Section 16. Section 59-12-103 is amended to read:
1536
59-12-103 (Effective 07/01/25). Sales and use tax base -- Rates -- Effective dates
1537
-- Use of sales and use tax revenue.
1538
(1) A tax is imposed on the purchaser as provided in this part on the purchase price or sales
1539
price for amounts paid or charged for the following transactions:
1540
(a) retail sales of tangible personal property made within the state;
1541
(b) amounts paid for:
1542
(i) telecommunications service, other than mobile telecommunications service, that
1543
originates and terminates within the boundaries of this state;
1544
(ii) mobile telecommunications service that originates and terminates within the
1545
boundaries of one state only to the extent permitted by the Mobile
1546
Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
1547
(iii) an ancillary service associated with a:
1548
(A) telecommunications service described in Subsection (1)(b)(i); or
1549
(B) mobile telecommunications service described in Subsection (1)(b)(ii);
1550
(c) sales of the following for commercial use:
1551
(i) gas;
1552
(ii) electricity;
1553
(iii) heat;
1554
(iv) coal;
1555
(v) fuel oil; or
1556
(vi) other fuels;
1557
(d) sales of the following for residential use:
1558
(i) gas;
- 46 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
1559
(ii) electricity;
1560
(iii) heat;
1561
(iv) coal;
1562
(v) fuel oil; or
1563
(vi) other fuels;
1564
(e) sales of prepared food;
1565
(f) except as provided in Section 59-12-104, amounts paid or charged as admission or
1566
user fees for theaters, movies, operas, museums, planetariums, shows of any type or
1567
nature, exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses,
1568
menageries, fairs, races, contests, sporting events, dances, boxing matches, wrestling
1569
matches, closed circuit television broadcasts, billiard parlors, pool parlors, bowling
1570
lanes, golf, miniature golf, golf driving ranges, batting cages, skating rinks, ski lifts,
1571
ski runs, ski trails, snowmobile trails, tennis courts, swimming pools, water slides,
1572
river runs, jeep tours, boat tours, scenic cruises, horseback rides, sports activities, or
1573
any other amusement, entertainment, recreation, exhibition, cultural, or athletic
1574
activity;
1575
(g) amounts paid or charged for services for repairs or renovations of tangible personal
1576
property, unless Section 59-12-104 provides for an exemption from sales and use tax
1577
for:
1578
(i) the tangible personal property; and
1579
(ii) parts used in the repairs or renovations of the tangible personal property described
1580
in Subsection (1)(g)(i), regardless of whether:
1581
(A) any parts are actually used in the repairs or renovations of that tangible
1582
personal property; or
1583
(B) the particular parts used in the repairs or renovations of that tangible personal
1584
property are exempt from a tax under this chapter;
1585
(h) except as provided in Subsection 59-12-104(7), amounts paid or charged for assisted
1586
cleaning or washing of tangible personal property;
1587
(i) amounts paid or charged for short-term rentals of tourist home, hotel, motel, or trailer
1588
court accommodations and services;
1589
(j) amounts paid or charged for laundry or dry cleaning services;
1590
(k) amounts paid or charged for leases or rentals of tangible personal property if within
1591
this state the tangible personal property is:
1592
(i) stored;
- 47 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
1593
(ii) used; or
1594
(iii) otherwise consumed;
1595
(l) amounts paid or charged for tangible personal property if within this state the tangible
1596
personal property is:
1597
(i) stored;
1598
(ii) used; or
1599
(iii) consumed;
1600
(m) amounts paid or charged for a sale:
1601
(i)(A) of a product transferred electronically; or
1602
(B) of a repair or renovation of a product transferred electronically; and
1603
(ii) regardless of whether the sale provides:
1604
(A) a right of permanent use of the product; or
1605
(B) a right to use the product that is less than a permanent use, including a right:
1606
(I) for a definite or specified length of time; and
1607
(II) that terminates upon the occurrence of a condition; and
1608
(n) sales of leased tangible personal property from the lessor to the lessee made in the
1609
state.
1610
(2)(a) Except as provided in Subsections (2)(b) through (f), a state tax and a local tax are
1611
imposed on a transaction described in Subsection (1) equal to the sum of:
1612
(i) a state tax imposed on the transaction at a tax rate equal to the sum of:
1613
(A) 4.70% plus the rate specified in Subsection (11)(a); and
1614
(B)(I) the tax rate the state imposes in accordance with Part 18, Additional
1615
State Sales and Use Tax Act, if the location of the transaction as determined
1616
under Sections 59-12-211 through 59-12-215 is in a county in which the
1617
state imposes the tax under Part 18, Additional State Sales and Use Tax Act;
1618
and
1619
(II) the tax rate the state imposes in accordance with Part 20, Supplemental
1620
State Sales and Use Tax Act, if the location of the transaction as determined
1621
under Sections 59-12-211 through 59-12-215 is in a city, town, or the
1622
unincorporated area of a county in which the state imposes the tax under
1623
Part 20, Supplemental State Sales and Use Tax Act; and
1624
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1625
transaction under this chapter other than this part.
1626
(b) Except as provided in Subsection (2)(f) or (g) and subject to Subsection (2)(l), a state
- 48 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
1627
tax and a local tax are imposed on a transaction described in Subsection (1)(d) equal
1628
to the sum of:
1629
(i) a state tax imposed on the transaction at a tax rate of 2%; and
1630
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1631
transaction under this chapter other than this part.
1632
(c) Except as provided in Subsection (2)(f) or (g), a state tax and a local tax are imposed
1633
on amounts paid or charged for food and food ingredients equal to the sum of:
1634
(i) a state tax imposed on the amounts paid or charged for food and food ingredients
1635
at a tax rate of 1.75%; and
1636
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1637
amounts paid or charged for food and food ingredients under this chapter other
1638
than this part.
1639
(d) Except as provided in Subsection (2)(f) or (g), a state tax is imposed on amounts paid
1640
or charged for fuel to a common carrier that is a railroad for use in a locomotive
1641
engine at a rate of 4.85%.
1642
(e)(i)(A) If a shared vehicle owner certifies to the commission, on a form
1643
prescribed by the commission, that the shared vehicle is an individual-owned
1644
shared vehicle, a tax imposed under Subsection (2)(a)(i)(A) does not apply to
1645
car sharing, a car-sharing program, a shared vehicle driver, or a shared vehicle
1646
owner.
1647
(B) A shared vehicle owner's certification described in Subsection (2)(e)(i)(A) is
1648
required once during the time that the shared vehicle owner owns the shared
1649
vehicle.
1650
(C) The commission shall verify that a shared vehicle is an individual-owned
1651
shared vehicle by verifying that the applicable Utah taxes imposed under this
1652
chapter were paid on the purchase of the shared vehicle.
1653
(D) The exception under Subsection (2)(e)(i)(A) applies to a certified
1654
individual-owned shared vehicle shared through a car-sharing program even if
1655
non-certified shared vehicles are also available to be shared through the same
1656
car-sharing program.
1657
(ii) A tax imposed under Subsection (2)(a)(i)(B) or (2)(a)(ii) applies to car sharing.
1658
(iii)(A) A car-sharing program may rely in good faith on a shared vehicle owner's
1659
representation that the shared vehicle is an individual-owned shared vehicle
1660
certified with the commission as described in Subsection (2)(e)(i).
- 49 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
1661
(B) If a car-sharing program relies in good faith on a shared vehicle owner's
1662
representation that the shared vehicle is an individual-owned shared vehicle
1663
certified with the commission as described in Subsection (2)(e)(i), the
1664
car-sharing program is not liable for any tax, penalty, fee, or other sanction
1665
imposed on the shared vehicle owner.
1666
(iv) If all shared vehicles shared through a car-sharing program are certified as
1667
described in Subsection (2)(e)(i)(A) for a tax period, the car-sharing program has
1668
no obligation to collect and remit the tax under Subsection (2)(a)(i)(A) for that tax
1669
period.
1670
(v) A car-sharing program is not required to list or otherwise identify an
1671
individual-owned shared vehicle on a return or an attachment to a return.
1672
(vi) A car-sharing program shall:
1673
(A) retain tax information for each car-sharing program transaction; and
1674
(B) provide the information described in Subsection (2)(e)(vi)(A) to the
1675
commission at the commission's request.
1676
(f)(i) For a bundled transaction that is attributable to food and food ingredients and
1677
tangible personal property other than food and food ingredients, a state tax and a
1678
local tax is imposed on the entire bundled transaction equal to the sum of:
1679
(A) a state tax imposed on the entire bundled transaction equal to the sum of:
1680
(I) the tax rate described in Subsection (2)(a)(i)(A); and
1681
(II)(Aa) the tax rate the state imposes in accordance with Part 18,
1682
Additional State Sales and Use Tax Act, if the location of the transaction
1683
as determined under Sections 59-12-211 through 59-12-215 is in a
1684
county in which the state imposes the tax under Part 18, Additional State
1685
Sales and Use Tax Act; and
1686
(Bb) the tax rate the state imposes in accordance with Part 20, Supplemental
1687
State Sales and Use Tax Act, if the location of the transaction as
1688
determined under Sections 59-12-211 through 59-12-215 is in a city,
1689
town, or the unincorporated area of a county in which the state imposes
1690
the tax under Part 20, Supplemental State Sales and Use Tax Act; and
1691
(B) a local tax imposed on the entire bundled transaction at the sum of the tax
1692
rates described in Subsection (2)(a)(ii).
1693
(ii) If an optional computer software maintenance contract is a bundled transaction
1694
that consists of taxable and nontaxable products that are not separately itemized
- 50 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
1695
on an invoice or similar billing document, the purchase of the optional computer
1696
software maintenance contract is 40% taxable under this chapter and 60%
1697
nontaxable under this chapter.
1698
(iii) Subject to Subsection (2)(f)(iv), for a bundled transaction other than a bundled
1699
transaction described in Subsection (2)(f)(i) or (ii):
1700
(A) if the sales price of the bundled transaction is attributable to tangible personal
1701
property, a product, or a service that is subject to taxation under this chapter
1702
and tangible personal property, a product, or service that is not subject to
1703
taxation under this chapter, the entire bundled transaction is subject to taxation
1704
under this chapter unless:
1705
(I) the seller is able to identify by reasonable and verifiable standards the
1706
tangible personal property, product, or service that is not subject to taxation
1707
under this chapter from the books and records the seller keeps in the seller's
1708
regular course of business; or
1709
(II) state or federal law provides otherwise; or
1710
(B) if the sales price of a bundled transaction is attributable to two or more items
1711
of tangible personal property, products, or services that are subject to taxation
1712
under this chapter at different rates, the entire bundled transaction is subject to
1713
taxation under this chapter at the higher tax rate unless:
1714
(I) the seller is able to identify by reasonable and verifiable standards the
1715
tangible personal property, product, or service that is subject to taxation
1716
under this chapter at the lower tax rate from the books and records the seller
1717
keeps in the seller's regular course of business; or
1718
(II) state or federal law provides otherwise.
1719
(iv) For purposes of Subsection (2)(f)(iii), books and records that a seller keeps in the
1720
seller's regular course of business includes books and records the seller keeps in
1721
the regular course of business for nontax purposes.
1722
(g)(i) Except as otherwise provided in this chapter and subject to Subsections
1723
(2)(g)(ii) and (iii), if a transaction consists of the sale, lease, or rental of tangible
1724
personal property, a product, or a service that is subject to taxation under this
1725
chapter, and the sale, lease, or rental of tangible personal property, other property,
1726
a product, or a service that is not subject to taxation under this chapter, the entire
1727
transaction is subject to taxation under this chapter unless the seller, at the time of
1728
the transaction:
- 51 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
1729
(A) separately states the portion of the transaction that is not subject to taxation
1730
under this chapter on an invoice, bill of sale, or similar document provided to
1731
the purchaser; or
1732
(B) is able to identify by reasonable and verifiable standards, from the books and
1733
records the seller keeps in the seller's regular course of business, the portion of
1734
the transaction that is not subject to taxation under this chapter.
1735
(ii) A purchaser and a seller may correct the taxability of a transaction if:
1736
(A) after the transaction occurs, the purchaser and the seller discover that the
1737
portion of the transaction that is not subject to taxation under this chapter was
1738
not separately stated on an invoice, bill of sale, or similar document provided
1739
to the purchaser because of an error or ignorance of the law; and
1740
(B) the seller is able to identify by reasonable and verifiable standards, from the
1741
books and records the seller keeps in the seller's regular course of business, the
1742
portion of the transaction that is not subject to taxation under this chapter.
1743
(iii) For purposes of Subsections (2)(g)(i) and (ii), books and records that a seller
1744
keeps in the seller's regular course of business includes books and records the
1745
seller keeps in the regular course of business for nontax purposes.
1746
(h)(i) If the sales price of a transaction is attributable to two or more items of tangible
1747
personal property, products, or services that are subject to taxation under this
1748
chapter at different rates, the entire purchase is subject to taxation under this
1749
chapter at the higher tax rate unless the seller, at the time of the transaction:
1750
(A) separately states the items subject to taxation under this chapter at each of the
1751
different rates on an invoice, bill of sale, or similar document provided to the
1752
purchaser; or
1753
(B) is able to identify by reasonable and verifiable standards the tangible personal
1754
property, product, or service that is subject to taxation under this chapter at the
1755
lower tax rate from the books and records the seller keeps in the seller's regular
1756
course of business.
1757
(ii) For purposes of Subsection (2)(h)(i), books and records that a seller keeps in the
1758
seller's regular course of business includes books and records the seller keeps in
1759
the regular course of business for nontax purposes.
1760
(i) Subject to Subsections (2)(j) and (k), a tax rate repeal or tax rate change for a tax rate
1761
imposed under the following shall take effect on the first day of a calendar quarter:
1762
(i) Subsection (2)(a)(i)(A);
- 52 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
1763
(ii) Subsection (2)(b)(i);
1764
(iii) Subsection (2)(c)(i); or
1765
(iv) Subsection (2)(f)(i)(A)(I).
1766
(j)(i) A tax rate increase takes effect on the first day of the first billing period that
1767
begins on or after the effective date of the tax rate increase if the billing period for
1768
the transaction begins before the effective date of a tax rate increase imposed
1769
under:
1770
(A) Subsection (2)(a)(i)(A);
1771
(B) Subsection (2)(b)(i);
1772
(C) Subsection (2)(c)(i); or
1773
(D) Subsection (2)(f)(i)(A)(I).
1774
(ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
1775
statement for the billing period is rendered on or after the effective date of the
1776
repeal of the tax or the tax rate decrease imposed under:
1777
(A) Subsection (2)(a)(i)(A);
1778
(B) Subsection (2)(b)(i);
1779
(C) Subsection (2)(c)(i); or
1780
(D) Subsection (2)(f)(i)(A)(I).
1781
(k)(i) For a tax rate described in Subsection (2)(k)(ii), if a tax due on a catalogue sale
1782
is computed on the basis of sales and use tax rates published in the catalogue, a
1783
tax rate repeal or change in a tax rate takes effect:
1784
(A) on the first day of a calendar quarter; and
1785
(B) beginning 60 days after the effective date of the tax rate repeal or tax rate
1786
change.
1787
(ii) Subsection (2)(k)(i) applies to the tax rates described in the following:
1788
(A) Subsection (2)(a)(i)(A);
1789
(B) Subsection (2)(b)(i);
1790
(C) Subsection (2)(c)(i); or
1791
(D) Subsection (2)(f)(i)(A)(I).
1792
(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1793
the commission may by rule define the term "catalogue sale."
1794
(l)(i) For a location described in Subsection (2)(l)(ii), the commission shall determine
1795
the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel
1796
based on the predominant use of the gas, electricity, heat, coal, fuel oil, or other
- 53 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
1797
fuel at the location.
1798
(ii) Subsection (2)(l)(i) applies to a location where gas, electricity, heat, coal, fuel oil,
1799
or other fuel is furnished through a single meter for two or more of the following
1800
uses:
1801
(A) a commercial use;
1802
(B) an industrial use; or
1803
(C) a residential use.
1804
(3)(a) The following state taxes shall be deposited into the General Fund:
1805
(i) the tax imposed by Subsection (2)(a)(i)(A);
1806
(ii) the tax imposed by Subsection (2)(b)(i);
1807
(iii) the tax imposed by Subsection (2)(c)(i); and
1808
(iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
1809
(b) The following local taxes shall be distributed to a county, city, or town as provided
1810
in this chapter:
1811
(i) the tax imposed by Subsection (2)(a)(ii);
1812
(ii) the tax imposed by Subsection (2)(b)(ii);
1813
(iii) the tax imposed by Subsection (2)(c)(ii); and
1814
(iv) the tax imposed by Subsection (2)(f)(i)(B).
1815
(c) The state tax imposed by Subsection (2)(d) shall be deposited into the General Fund.
1816
(4)(a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
1817
2003, the lesser of the following amounts shall be expended as provided in
1818
Subsections (4)(b) through (g):
1819
(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
1820
(A) by a 1/16% tax rate on the transactions described in Subsection (1); and
1821
(B) for the fiscal year; or
1822
(ii) $17,500,000.
1823
(b)(i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
1824
described in Subsection (4)(a) shall be transferred each year as designated sales
1825
and use tax revenue to the Division of Wildlife Resources to:
1826
(A) implement the measures described in Subsections 23A-3-214(3)(a) through
1827
(d) to protect sensitive plant and animal species; or
1828
(B) award grants, up to the amount authorized by the Legislature in an
1829
appropriations act, to political subdivisions of the state to implement the
1830
measures described in Subsections 23A-3-214(3)(a) through (d) to protect
- 54 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
1831
sensitive plant and animal species.
1832
(ii) Money transferred to the Division of Wildlife Resources under Subsection
1833
(4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or
1834
any other person to list or attempt to have listed a species as threatened or
1835
endangered under the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et
1836
seq.
1837
(iii) At the end of each fiscal year:
1838
(A) 50% of any unexpended designated sales and use tax revenue shall lapse to
1839
the Water Resources Conservation and Development Fund created in Section
1840
73-10-24;
1841
(B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1842
Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
1843
(C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1844
Drinking Water Loan Program Subaccount created in Section 73-10c-5.
1845
(c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
1846
Subsection (4)(a) shall be deposited each year in the Agriculture Resource
1847
Development Fund created in Section 4-18-106.
1848
(d)(i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount
1849
described in Subsection (4)(a) shall be transferred each year as designated sales
1850
and use tax revenue to the Division of Water Rights to cover the costs incurred in
1851
hiring legal and technical staff for the adjudication of water rights.
1852
(ii) At the end of each fiscal year:
1853
(A) 50% of any unexpended designated sales and use tax revenue shall lapse to
1854
the Water Resources Conservation and Development Fund created in Section
1855
73-10-24;
1856
(B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1857
Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
1858
(C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1859
Drinking Water Loan Program Subaccount created in Section 73-10c-5.
1860
(e)(i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount
1861
described in Subsection (4)(a) shall be deposited into the Water Resources
1862
Conservation and Development Fund created in Section 73-10-24 for use by the
1863
Division of Water Resources.
1864
(ii) In addition to the uses allowed of the Water Resources Conservation and
- 55 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
1865
Development Fund under Section 73-10-24, the Water Resources Conservation
1866
and Development Fund may also be used to:
1867
(A) conduct hydrologic and geotechnical investigations by the Division of Water
1868
Resources in a cooperative effort with other state, federal, or local entities, for
1869
the purpose of quantifying surface and ground water resources and describing
1870
the hydrologic systems of an area in sufficient detail so as to enable local and
1871
state resource managers to plan for and accommodate growth in water use
1872
without jeopardizing the resource;
1873
(B) fund state required dam safety improvements; and
1874
(C) protect the state's interest in interstate water compact allocations, including the
1875
hiring of technical and legal staff.
1876
(f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described in
1877
Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program
1878
Subaccount created in Section 73-10c-5 for use by the Water Quality Board to fund
1879
wastewater projects.
1880
(g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
1881
in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program
1882
Subaccount created in Section 73-10c-5 for use by the Division of Drinking Water to:
1883
(i) provide for the installation and repair of collection, treatment, storage, and
1884
distribution facilities for any public water system, as defined in Section 19-4-102;
1885
(ii) develop underground sources of water, including springs and wells; and
1886
(iii) develop surface water sources.
1887
(5)(a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
1888
2006, the difference between the following amounts shall be expended as provided in
1889
this Subsection (5), if that difference is greater than $1:
1890
(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for
1891
the fiscal year by a 1/16% tax rate on the transactions described in Subsection (1);
1892
and
1893
(ii) $17,500,000.
1894
(b)(i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
1895
(A) transferred each fiscal year to the Department of Natural Resources as
1896
designated sales and use tax revenue; and
1897
(B) expended by the Department of Natural Resources for watershed rehabilitation
1898
or restoration.
- 56 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
1899
(ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
1900
tax revenue described in Subsection (5)(b)(i) shall lapse to the Water Resources
1901
Conservation and Development Fund created in Section 73-10-24.
1902
(c)(i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
1903
remaining difference described in Subsection (5)(a) shall be:
1904
(A) transferred each fiscal year to the Division of Water Resources as designated
1905
sales and use tax revenue; and
1906
(B) expended by the Division of Water Resources for cloud-seeding projects
1907
authorized by Title 73, Chapter 15, Modification of Weather.
1908
(ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
1909
tax revenue described in Subsection (5)(c)(i) shall lapse to the Water Resources
1910
Conservation and Development Fund created in Section 73-10-24.
1911
(d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
1912
remaining difference described in Subsection (5)(a) shall be deposited into the Water
1913
Resources Conservation and Development Fund created in Section 73-10-24 for use
1914
by the Division of Water Resources for:
1915
(i) preconstruction costs:
1916
(A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73,
1917
Chapter 26, Bear River Development Act; and
1918
(B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
1919
authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
1920
(ii) the cost of employing a civil engineer to oversee any project authorized by Title
1921
73, Chapter 26, Bear River Development Act;
1922
(iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline
1923
project authorized by Title 73, Chapter 28, Lake Powell Pipeline Development
1924
Act; and
1925
(iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and
1926
Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i)
1927
through (iii).
1928
(e) After making the transfers required by Subsections (5)(b) and (c), 15% of the
1929
remaining difference described in Subsection (5)(a) shall be deposited each year into
1930
the Water Rights Restricted Account created by Section 73-2-1.6.
1931
(6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), each
1932
fiscal year, the commission shall deposit into the Water Infrastructure Restricted
- 57 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
1933
Account created in Section 73-10g-103 the amount of revenue generated by a 1/16% tax
1934
rate on the transactions described in Subsection (1) for the fiscal year.
1935
(7)(a) Notwithstanding Subsection (3)(a) and subject to Subsections (7)(b), (c), and (d),
1936
for a fiscal year beginning on or after July 1, 2023, the commission shall deposit into
1937
the Transportation Investment Fund of 2005 created by Section 72-2-124 a portion of
1938
the taxes listed under Subsection (3)(a) equal to [17%] 24% of the revenue collected
1939
from the following sales and use taxes:
1940
(i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1941
(ii) the tax imposed by Subsection (2)(b)(i);
1942
(iii) the tax imposed by Subsection (2)(c)(i); and
1943
(iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
1944
(b)(i) For a fiscal year beginning on or after July 1, 2024, the commission shall
1945
annually reduce the deposit under Subsection (7)(a) into the Transportation
1946
Investment Fund of 2005 by an amount equal to .44% of the revenue collected
1947
from the following sales and use taxes:
1948
(A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1949
(B) the tax imposed by Subsection (2)(b)(i);
1950
(C) the tax imposed by Subsection (2)(c)(i); and
1951
(D) the tax imposed by Subsection (2)(f)(i)(A)(I).
1952
(ii) The commission shall annually deposit the amount described in Subsection
1953
(7)(b)(i) into the Cottonwood Canyons Transportation Investment Fund created in
1954
Section 72-2-124.
1955
(c)(i) Subject to Subsection (7)(c)(ii), for a fiscal year beginning on or after July 1,
1956
2023, the commission shall annually reduce the deposit into the Transportation
1957
Investment Fund of 2005 under Subsections (7)(a) and (7)(b) by an amount that is
1958
equal to 5% of:
1959
(A) the amount of revenue generated in the current fiscal year by the portion of
1960
taxes listed under Subsection (3)(a) that equals 20.68% of the revenue
1961
collected from taxes described in Subsections (7)(a)(i) through (iv);
1962
(B) the amount of revenue generated in the current fiscal year by registration fees
1963
designated under Section 41-1a-1201 to be deposited into the Transportation
1964
Investment Fund of 2005; and
1965
(C) revenue transferred by the Division of Finance to the Transportation
1966
Investment Fund of 2005 in accordance with Section 72-2-106 in the current
- 58 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
1967
fiscal year.
1968
(ii) The amount described in Subsection (7)(c)(i) may not exceed $45,000,000 in a
1969
given fiscal year.
1970
(iii) The commission shall annually deposit the amount described in Subsection
1971
(7)(c)(i) into the Active Transportation Investment Fund created in Subsection
1972
72-2-124(11).
1973
(d)(i) For a fiscal year beginning on or after July 1, 2024, the commission shall
1974
annually reduce the deposit into the Transportation Investment Fund of 2005
1975
under this Subsection (7) by an amount that is equal to 1% of the revenue
1976
collected from the following sales and use taxes:
1977
(A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1978
(B) the tax imposed by Subsection (2)(b)(i);
1979
(C) the tax imposed by Subsection (2)(c)(i); and
1980
(D) the tax imposed by Subsection (2)(f)(i)(A)(I).
1981
(ii) The commission shall annually deposit the amount described in Subsection
1982
(7)(d)(i) into the Commuter Rail Subaccount created in Section 72-2-124.
1983
(8)(a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under
1984
Subsection (7), and subject to [Subsections (8)(b) and (d)(ii)] Subsection (8)(b), for a
1985
fiscal year beginning on or after July 1, 2018, the commission shall annually deposit
1986
into the Transportation Investment Fund of 2005 created by Section 72-2-124 a
1987
portion of the taxes listed under Subsection (3)(a) in an amount equal to 3.68% of the
1988
revenue collected from the following taxes:
1989
(i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1990
(ii) the tax imposed by Subsection (2)(b)(i);
1991
(iii) the tax imposed by Subsection (2)(c)(i); and
1992
(iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
1993
(b) For a fiscal year beginning on or after July 1, 2019, the commission shall annually
1994
reduce the deposit into the Transportation Investment Fund of 2005 under Subsection
1995
(8)(a) by an amount that is equal to 35% of the amount of revenue generated in the
1996
current fiscal year by the portion of the tax imposed on motor and special fuel that is
1997
sold, used, or received for sale or use in this state that exceeds 29.4 cents per gallon.
1998
(c) The commission shall annually deposit the amount described in Subsection (8)(b)
1999
into the Transit Transportation Investment Fund created in Section 72-2-124.
2000
(9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
- 59 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
2001
2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies
2002
Fund created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
2003
(10) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the fiscal
2004
year during which the commission receives notice under Section 63N-2-510 that
2005
construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the
2006
commission shall, for two consecutive fiscal years, annually deposit $1,900,000 of the
2007
revenue generated by the taxes listed under Subsection (3)(a) into the Hotel Impact
2008
Mitigation Fund, created in Section 63N-2-512.
2009
(11)(a) The rate specified in this subsection is 0.15%.
2010
(b) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year beginning
2011
on or after July 1, 2019, annually transfer the amount of revenue collected from the
2012
rate described in Subsection (11)(a) on the transactions that are subject to the sales
2013
and use tax under Subsection (2)(a)(i)(A) into the Medicaid ACA Fund created in
2014
Section 26B-1-315.
2015
(12) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
2016
2020-21, the commission shall deposit $200,000 into the General Fund as a dedicated
2017
credit solely for use of the Search and Rescue Financial Assistance Program created in,
2018
and expended in accordance with, Title 53, Chapter 2a, Part 11, Search and Rescue Act.
2019
[(13)(a) For each fiscal year beginning with fiscal year 2020-21, the commission shall
2020
annually transfer $1,813,400 of the revenue deposited into the Transportation
2021
Investment Fund of 2005 under Subsections (7) and (8) to the General Fund.]
2022
[(b) If the total revenue deposited into the Transportation Investment Fund of 2005
2023
under Subsections (7) and (8) is less than $1,813,400 for a fiscal year, the
2024
commission shall transfer the total revenue deposited into the Transportation
2025
Investment Fund of 2005 under Subsections (7) and (8) during the fiscal year to the
2026
General Fund.]
2027
[(14)] (13) Notwithstanding Subsection (3)(a), and as described in Section 63N-3-610,
2028
beginning the first day of the calendar quarter one year after the sales and use tax
2029
boundary for a housing and transit reinvestment zone is established, the commission, at
2030
least annually, shall transfer an amount equal to 15% of the sales and use tax increment
2031
within an established sales and use tax boundary, as defined in Section 63N-3-602, into
2032
the Transit Transportation Investment Fund created in Section 72-2-124.
2033
[(15)] (14) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year
2034
beginning on or after July 1, 2022, transfer into the Outdoor Adventure Infrastructure
- 60 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
2035
Restricted Account, created in Section 51-9-902, a portion of the taxes listed under
2036
Subsection (3)(a) equal to 1% of the revenue collected from the following sales and use
2037
taxes:
2038
(a) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
2039
(b) the tax imposed by Subsection (2)(b)(i);
2040
(c) the tax imposed by Subsection (2)(c)(i); and
2041
(d) the tax imposed by Subsection (2)(f)(i)(A)(I).
2042
[(16)] (15) Notwithstanding Subsection (3)(a), beginning October 1, 2024 the commission
2043
shall transfer to the Utah Fairpark Area Investment and Restoration District, created in
2044
Section 11-70-201, the revenue from the sales and use tax imposed by Subsection
2045
(2)(a)(i)(A) at a 4.7% rate, on transactions occurring within the district sales tax area, as
2046
defined in Section 11-70-101.
2047
[(17)] (16)(a) As used in this Subsection [(17)] (16):
2048
(i) "Additional land" means point of the mountain state land described in Subsection
2049
11-59-102(6)(b) that the point of the mountain authority acquires after the point of
2050
the mountain authority provides the commission a map under Subsection (17)(c).
2051
(ii) "Point of the mountain authority" means the Point of the Mountain State Land
2052
Authority, created in Section 11-59-201.
2053
(iii) "Point of the mountain state land" means the same as that term is defined in
2054
Section 11-59-102.
2055
(b) Notwithstanding Subsection (3)(a), the commission shall distribute to the point of the
2056
mountain authority 50% of the revenue from the sales and use tax imposed by
2057
Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring on the point of the
2058
mountain state land.
2059
(c) The distribution under Subsection [(17)(b)] (16)(b) shall begin the next calendar
2060
quarter that begins at least 90 days after the point of the mountain authority provides
2061
the commission a map that:
2062
(i) accurately describes the point of the mountain state land; and
2063
(ii) the point of the mountain authority certifies as accurate.
2064
(d) A distribution under Subsection [(17)(b)] (16)(b) with respect to additional land shall
2065
begin the next calendar quarter that begins at least 90 days after the point of the
2066
mountain authority provides the commission a map of point of the mountain state
2067
land that:
2068
(i) accurately describes the point of the mountain state land, including the additional
- 61 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
2069
land; and
2070
(ii) the point of the mountain authority certifies as accurate.
2071
(e)(i) Upon the payment in full of bonds secured by the sales and use tax revenue
2072
distributed to the point of the mountain authority under Subsection [(17)(b)] (16)(b),
2073
the point of the mountain authority shall immediately notify the commission in
2074
writing that the bonds are paid in full.
2075
(ii) The commission shall discontinue distributions of sales and use tax revenue under
2076
Subsection [(17)(b)] (16)(b) at the beginning of the calendar quarter that begins at
2077
least 90 days after the date that the commission receives the written notice under
2078
Subsection [(17)(e)(i)] (16)(e)(i).
2079
Section 17. Section 59-12-2219 is amended to read:
2080
59-12-2219 (Effective 05/07/25). County option sales and use tax for highways
2081
and public transit -- Base -- Rate -- Distribution and expenditure of revenue -- Revenue
2082
may not supplant existing budgeted transportation revenue.
2083
(1) Subject to the other provisions of this part, and subject to Subsection (13), a county
2084
legislative body may impose a sales and use tax of .25% on the transactions described in
2085
Subsection 59-12-103(1) within the county, including the cities and towns within the
2086
county.
2087
(2) Subject to Subsection (9), the commission shall distribute sales and use tax revenue
2088
collected under this section as provided in Subsections (3) through (8).
2089
(3) If the entire boundary of a county that imposes a sales and use tax under this section is
2090
annexed into a single public transit district, the commission shall distribute the sales and
2091
use tax revenue collected within the county as follows:
2092
(a) .10% shall be transferred to the public transit district in accordance with Section
2093
59-12-2206;
2094
(b) .10% shall be distributed as provided in Subsection (6); and
2095
(c) .05% shall be distributed to the county legislative body.
2096
(4) If the entire boundary of a county that imposes a sales and use tax under this section is
2097
not annexed into a single public transit district, but a city or town within the county is
2098
annexed into a single large public transit district, the commission shall distribute the
2099
sales and use tax revenue collected within the county as follows:
2100
(a) for a city or town within the county that is annexed into a single public transit
2101
district, the commission shall distribute the sales and use tax revenue collected within
2102
that city or town as follows:
- 62 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
2103
(i) .10% shall be transferred to the public transit district in accordance with Section
2104
59-12-2206;
2105
(ii) .10% shall be distributed as provided in Subsection (6); and
2106
(iii) .05% shall be distributed to the county legislative body;
2107
(b) for an eligible political subdivision within the county, the commission shall
2108
distribute the sales and use tax revenue collected within that eligible political
2109
subdivision as follows:
2110
(i) .10% shall be transferred to the eligible political subdivision in accordance with
2111
Section 59-12-2206;
2112
(ii) .10% shall be distributed as provided in Subsection (6); and
2113
(iii) .05% shall be distributed to the county legislative body; and
2114
(c) the commission shall distribute the sales and use tax revenue, except for the sales and
2115
use tax revenue described in Subsections (4)(a) and (b), as follows:
2116
(i) .10% shall be distributed as provided in Subsection (6); and
2117
(ii) .15% shall be distributed to the county legislative body.
2118
(5) For a county not described in Subsection (3) or (4), if a county of the second, third,
2119
fourth, fifth, or sixth class imposes a sales and use tax under this section, the
2120
commission shall distribute the sales and use tax revenue collected within the county as
2121
follows:
2122
(a) for a city or town within the county that is annexed into a single public transit
2123
district, the commission shall distribute the sales and use tax revenue collected within
2124
that city or town as follows:
2125
(i) .10% shall be distributed as provided in Subsection (6);
2126
(ii) .10% shall be distributed as provided in Subsection (7); and
2127
(iii) .05% shall be distributed to the county legislative body;
2128
(b) for an eligible political subdivision within the county, the commission shall
2129
distribute the sales and use tax revenue collected within that eligible political
2130
subdivision as follows:
2131
(i) .10% shall be distributed as provided in Subsection (6);
2132
(ii) .10% shall be distributed as provided in Subsection (7); and
2133
(iii) .05% shall be distributed to the county legislative body; and
2134
(c) the commission shall distribute the sales and use tax revenue, except for the sales and
2135
use tax revenue described in Subsections (5)(a) and (b), as follows:
2136
(i) .10% shall be distributed as provided in Subsection (6); and
- 63 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
2137
(ii) .15% shall be distributed to the county legislative body.
2138
(6)(a) Subject to Subsection (6)(b), the commission shall make the distributions required
2139
by Subsections (3)(b), (4)(a)(ii), (4)(b)(ii), (4)(c)(i), (5)(a)(i), (5)(b)(i), (5)(c)(i), and
2140
(7)(d)(ii)(A) as follows:
2141
(i) 50% of the total revenue collected under Subsections (3)(b), (4)(a)(ii), (4)(b)(ii),
2142
(4)(c)(i), (5)(a)(i), (5)(b)(i), (5)(c)(i), and (7)(d)(ii)(A) within the counties and
2143
cities that impose a tax under this section shall be distributed to the
2144
unincorporated areas, cities, and towns within those counties and cities on the
2145
basis of the percentage that the population of each unincorporated area, city, or
2146
town bears to the total population of all of the counties and cities that impose a tax
2147
under this section; and
2148
(ii) 50% of the total revenue collected under Subsections (3)(b), (4)(a)(ii), (4)(b)(ii),
2149
(4)(c)(i), (5)(a)(i), (5)(b)(i), (5)(c)(i), and (7)(d)(ii)(A) within the counties and
2150
cities that impose a tax under this section shall be distributed to the
2151
unincorporated areas, cities, and towns within those counties and cities on the
2152
basis of the location of the transaction as determined under Sections 59-12-211
2153
through 59-12-215.
2154
(b)(i) Population for purposes of this Subsection (6) shall be determined on the basis
2155
of the most recent official census or census estimate of the United States Bureau
2156
of the Census.
2157
(ii) If a needed population estimate is not available from the United States Bureau of
2158
the Census, population figures shall be derived from an estimate from the Utah
2159
Population Committee.
2160
(7)(a)(i) Subject to the requirements in Subsections (7)(b) and (c), a county
2161
legislative body:
2162
(A) for a county that obtained approval from a majority of the county's registered
2163
voters voting on the imposition of a sales and use tax under this section prior to
2164
May 10, 2016, may, in consultation with any cities, towns, or eligible political
2165
subdivisions within the county, and in compliance with the requirements for
2166
changing an allocation under Subsection (7)(e), allocate the revenue under
2167
Subsection (5)(a)(ii) or (5)(b)(ii) by adopting a resolution specifying the
2168
percentage of revenue under Subsection (5)(a)(ii) or (5)(b)(ii) that will be
2169
allocated to a public transit district or an eligible political subdivision; or
2170
(B) for a county that imposes a sales and use tax under this section on or after
- 64 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
2171
May 10, 2016, shall, in consultation with any cities, towns, or eligible political
2172
subdivisions within the county, allocate the revenue under Subsection (5)(a)(ii)
2173
or (5)(b)(ii) by adopting a resolution specifying the percentage of revenue
2174
under Subsection (5)(a)(ii) or (5)(b)(ii) that will be allocated to a public transit
2175
district or an eligible political subdivision.
2176
(ii) If a county described in Subsection (7)(a)(i)(A) does not allocate the revenue
2177
under Subsection (5)(a)(ii) or (5)(b)(ii) in accordance with Subsection (7)(a)(i)(A),
2178
the commission shall distribute 100% of the revenue under Subsection (5)(a)(ii) or
2179
(5)(b)(ii) to:
2180
(A) a public transit district for a city or town within the county that is annexed into
2181
a single public transit district; or
2182
(B) an eligible political subdivision within the county.
2183
(b) If a county legislative body allocates the revenue as described in Subsection (7)(a)(i),
2184
the county legislative body shall allocate not less than 25% of the revenue under
2185
Subsection (5)(a)(ii) or (5)(b)(ii) to:
2186
(i) a public transit district for a city or town within the county that is annexed into a
2187
single public transit district; or
2188
(ii) an eligible political subdivision within the county.
2189
(c) Notwithstanding Section 59-12-2208, the opinion question described in Section
2190
59-12-2208 shall state the allocations the county legislative body makes in
2191
accordance with this Subsection (7).
2192
(d) The commission shall make the distributions required by Subsection (5)(a)(ii) or
2193
(5)(b)(ii) as follows:
2194
(i) the percentage specified by a county legislative body shall be distributed in
2195
accordance with a resolution adopted by a county legislative body under
2196
Subsection (7)(a) to an eligible political subdivision or a public transit district
2197
within the county; and
2198
(ii) except as provided in Subsection (7)(a)(ii), if a county legislative body allocates
2199
less than 100% of the revenue under Subsection (5)(a)(ii) or (5)(b)(ii) to a public
2200
transit district or an eligible political subdivision, the remainder of the revenue
2201
under Subsection (5)(a)(ii) or (5)(b)(ii) not allocated by a county legislative body
2202
through a resolution under Subsection (7)(a) shall be distributed as follows:
2203
(A) 50% of the revenue as provided in Subsection (6); and
2204
(B) 50% of the revenue to the county legislative body.
- 65 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
2205
(e) If a county legislative body seeks to change an allocation specified in a resolution
2206
under Subsection (7)(a), the county legislative body may change the allocation by:
2207
(i) adopting a resolution in accordance with Subsection (7)(a) specifying the
2208
percentage of revenue under Subsection (5)(a)(ii) or (5)(b)(ii) that will be
2209
allocated to a public transit district or an eligible political subdivision;
2210
(ii) obtaining approval to change the allocation of the sales and use tax by a majority
2211
of all the members of the county legislative body; and
2212
(iii) subject to Subsection (7)(f):
2213
(A) in accordance with Section 59-12-2208, submitting an opinion question to the
2214
county's registered voters voting on changing the allocation so that each
2215
registered voter has the opportunity to express the registered voter's opinion on
2216
whether the allocation should be changed; and
2217
(B) in accordance with Section 59-12-2208, obtaining approval to change the
2218
allocation from a majority of the county's registered voters voting on changing
2219
the allocation.
2220
(f) Notwithstanding Section 59-12-2208, the opinion question required by Subsection
2221
(7)(e)(iii)(A) shall state the allocations specified in the resolution adopted in
2222
accordance with Subsection (7)(e) and approved by the county legislative body in
2223
accordance with Subsection (7)(e)(ii).
2224
(g)(i) If a county makes an allocation by adopting a resolution under Subsection
2225
(7)(a) or changes an allocation by adopting a resolution under Subsection (7)(e),
2226
the allocation shall take effect on the first distribution the commission makes
2227
under this section after a 90-day period that begins on the date the commission
2228
receives written notice meeting the requirements of Subsection (7)(g)(ii) from the
2229
county.
2230
(ii) The notice described in Subsection (7)(g)(i) shall state:
2231
(A) that the county will make or change the percentage of an allocation under
2232
Subsection (7)(a) or (e); and
2233
(B) the percentage of revenue under Subsection (5)(a)(ii) or (5)(b)(ii) that will be
2234
allocated to a public transit district or an eligible political subdivision.
2235
(8)(a) If a public transit district is organized after the date a county legislative body first
2236
imposes a tax under this section, a change in a distribution required by this section
2237
may not take effect until the first distribution the commission makes under this
2238
section after a 90-day period that begins on the date the commission receives written
- 66 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
2239
notice from the public transit district of the organization of the public transit district.
2240
(b) If an eligible political subdivision intends to provide public transit service within a
2241
county after the date a county legislative body first imposes a tax under this section, a
2242
change in a distribution required by this section may not take effect until the first
2243
distribution the commission makes under this section after a 90-day period that
2244
begins on the date the commission receives written notice from the eligible political
2245
subdivision stating that the eligible political subdivision intends to provide public
2246
transit service within the county.
2247
(9)(a)(i) Notwithstanding Subsections (3) through (8), for a county that has not
2248
imposed a sales and use tax under this section before May 8, 2018, and if the
2249
county imposes a sales and use tax under this section before June 30, 2019, the
2250
commission shall distribute all of the sales and use tax revenue collected by the
2251
county before June 30, 2019, to the county for the purposes described in
2252
Subsection (9)(a)(ii).
2253
(ii) For any revenue collected by a county pursuant to Subsection (9)(a)(i) before
2254
June 30, 2019, the county may expend that revenue for:
2255
(A) reducing transportation related debt;
2256
(B) a regionally significant transportation facility; or
2257
(C) a public transit project of regional significance.
2258
(b) For a county that has not imposed a sales and use tax under this section before May
2259
8, 2018, and if the county imposes a sales and use tax under this section before June
2260
30, 2019, the commission shall distribute the sales and use tax revenue collected by
2261
the county on or after July 1, 2019, as described in Subsections (3) through (8).
2262
(c) For a county that has not imposed a sales and use tax under this section before June
2263
30, 2019, if the entire boundary of that county is annexed into a large public transit
2264
district, and if the county imposes a sales and use tax under this section on or after
2265
July 1, 2019, the commission shall distribute the sales and use tax revenue collected
2266
by the county as described in Subsections (3) through (8).
2267
(10) A county, city, or town may expend revenue collected from a tax under this section,
2268
except for revenue the commission distributes in accordance with Subsection (3)(a),
2269
(4)(a)(i), (4)(b)(i), or (7)(d)(i), for a purpose described in Section 59-12-2212.2.
2270
(11)(a) A public transit district or an eligible political subdivision may expend revenue
2271
the commission distributes in accordance with Subsection (3)(a), (4)(a)(i), (4)(b)(i),
2272
or (7)(d)(i) for capital expenses and service delivery expenses of the public transit
- 67 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
2273
district or eligible political subdivision.
2274
(b) As provided in Section 59-12-2212.2, for the .10% designated for public transit
2275
described in Subsection (3)(a) that is not contractually obligated for debt service,
2276
beginning on July 1, [2025] 2026, a public transit district shall make available to the
2277
Department of Transportation an amount equal to 10% of the .10% to be used for
2278
public transit innovation grants as provided in Title 72, Chapter 2, Part 3, Public
2279
Transit Innovation Grants.
2280
(12) Notwithstanding Section 59-12-2208, a county, city, or town legislative body may, but
2281
is not required to, submit an opinion question to the county's, city's, or town's registered
2282
voters in accordance with Section 59-12-2208 to impose a sales and use tax under this
2283
section.
2284
(13)(a)(i) Notwithstanding any other provision in this section, if the entire boundary
2285
of a county is annexed into a large public transit district, if the county legislative
2286
body wishes to impose a sales and use tax under this section, the county
2287
legislative body shall pass the ordinance to impose a sales and use tax under this
2288
section on or before June 30, 2022.
2289
(ii) If the entire boundary of a county is annexed into a large public transit district,
2290
the county legislative body may not pass an ordinance to impose a sales and use
2291
tax under this section on or after July 1, 2022.
2292
(b) Notwithstanding the deadline described in Subsection (13)(a), any sales and use tax
2293
imposed under this section by passage of a county ordinance on or before June 30,
2294
2022, may remain in effect.
2295
(14)(a) Beginning on July 1, 2020, and subject to Subsection (15), if a county has not
2296
imposed a sales and use tax under this section, subject to the provisions of this part,
2297
the legislative body of a city or town described in Subsection (14)(b) may impose a
2298
.25% sales and use tax on the transactions described in Subsection 59-12-103(1)
2299
within the city or town.
2300
(b) The following cities or towns may impose a sales and use tax described in
2301
Subsection (14)(a):
2302
(i) a city or town that has been annexed into a public transit district; or
2303
(ii) an eligible political subdivision.
2304
(c) If a city or town imposes a sales and use tax as provided in this section, the
2305
commission shall distribute the sales and use tax revenue collected by the city or
2306
town as follows:
- 68 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
2307
(i) .125% to the city or town that imposed the sales and use tax, to be distributed as
2308
provided in Subsection (6); and
2309
(ii) .125%, as applicable, to:
2310
(A) the public transit district in which the city or town is annexed; or
2311
(B) the eligible political subdivision for public transit services.
2312
(d) If a city or town imposes a sales and use tax under this section and the county
2313
subsequently imposes a sales and use tax under this section, the commission shall
2314
distribute the sales and use tax revenue collected within the city or town as described
2315
in Subsection (14)(c).
2316
(15)(a)(i) Notwithstanding any other provision in this section, if a city or town
2317
legislative body wishes to impose a sales and use tax under this section, the city or
2318
town legislative body shall pass the ordinance to impose a sales and use tax under
2319
this section on or before June 30, 2022.
2320
(ii) A city or town legislative body may not pass an ordinance to impose a sales and
2321
use tax under this section on or after July 1, 2022.
2322
(b) Notwithstanding the deadline described in Subsection (15)(a), any sales and use tax
2323
imposed under this section by passage of an ordinance by a city or town legislative
2324
body on or before June 30, 2022, may remain in effect.
2325
Section 18. Section 63B-11-502 is amended to read:
2326
63B-11-502 (Effective 05/07/25). Maximum amount -- Projects authorized.
2327
(1) The total amount of bonds issued under this part may not exceed $52,101,800.
2328
(2)(a)(i) Proceeds from the issuance of bonds shall be provided to the Department of
2329
Transportation to provide funds to pay all or part of the costs of accelerating any
2330
of the following state highway construction or reconstruction projects in Salt Lake
2331
County:
2332
(A) I-15: 10600 South to the Utah County line;
2333
(B) Final Environmental Impact Statement for Western Transportation Corridor:
2334
I-80 to Utah County;
2335
(C) I-215: Redwood Road to 4700 South;
2336
(D) State Street Reconstruction: 9000 South to 10600 South; and
2337
(E) except as provided in Subsection (2)(d), State Street Reconstruction: 7800
2338
South to 8000 South.
2339
(ii) If the Department of Transportation is unable to begin or complete a project
2340
authorized by this Subsection (2)(a) because of a court order, the Department of
- 69 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
2341
Transportation, with the approval of Salt Lake County, may expend bond
2342
proceeds to construct one or more projects identified in Subsection (2)(e).
2343
(b) When the Utah Transit Authority certifies to the Transportation Commission that the
2344
Utah Transit Authority will pay half the costs of reconstruction of the Utah Transit
2345
Authority railroad overpass on 8000 South State Street, the Department of
2346
Transportation may provide funds from bond proceeds to pay the other half of the
2347
costs of reconstruction of the Utah Transit Authority railroad overpass on 8000 South.
2348
(c) As used in Subsections (2)(a) and (b), "costs" may include the cost of acquiring land,
2349
interests in land, easements and rights-of-way, improving sites, and making all
2350
improvements necessary, incidental, or convenient to the facilities, interest estimated
2351
to accrue on these bonds during the period to be covered by construction of the
2352
projects plus a period of six months after the end of the construction period, interest
2353
estimated to accrue on any bond anticipation notes issued under the authority of
2354
Chapter 11, Part 6, 2002 Highway General Obligation Bond Anticipation Notes for
2355
Salt Lake County, and all related engineering, architectural, and legal fees.
2356
(d) Bond proceeds may not be expended on the State Street Reconstruction: 7800 to
2357
8000 South project until the Transportation Commission has received the
2358
certification required by Subsection (2)(b) from the Utah Transit Authority.
2359
(e) As the following projects or future projects identified by Salt Lake County and the
2360
Legislature are prepared and ready for construction by the Department of
2361
Transportation, it is the intent of the Legislature that they will be accelerated and
2362
funded from future general obligation bonds issued in anticipation of receiving debt
2363
service funds from the amount described in Subsection 59-12-2214(3)(b) and from
2364
other funding sources available to the Department of Transportation[, including
2365
money available from the Centennial Highway Fund and the Statewide
2366
Transportation Improvement Plan]:
2367
(i) 5600 West Reconstruction: 4500 South to 7000 South;
2368
(ii) Redwood Road: 12600 South to Bangerter Highway;
2369
(iii) I-15: Beck Street Overpass;
2370
(iv) I-215: 4700 South to SR-201;
2371
(v) acquisition of rights-of-way for the Western Transportation Corridor;
2372
(vi) 11400 South: I-15 to Redwood Road; and
2373
(vii) State Street Reconstruction 6400 South to 7800 South and 8000 South to 9000
2374
South.
- 70 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
2375
(3) If any portion of the proceeds of the tax paid to the state are not required to pay
2376
principal, interest, and issuance costs of the bonds and the principal, interest, and
2377
issuance costs of the bond have been paid off, or if, after completion of the projects
2378
authorized under Subsection (2)(a) and payment of the costs of issuing and selling the
2379
bonds under Section 63B-11-503, any bond proceeds remain unexpended, the
2380
Department of Transportation may use those unexpended proceeds to pay all or part of
2381
the costs of construction projects in Salt Lake County that have been approved and
2382
prioritized by the Transportation Commission.
2383
(4) The commission, by resolution, or the state treasurer may make any statement of intent
2384
relating to a reimbursement that is necessary or desirable to comply with federal tax law.
2385
(5) The Department of Transportation may enter into agreements related to the projects
2386
before the receipt of proceeds of bonds issued under this chapter.
2387
Section 19. Section 63B-31-101 is amended to read:
2388
63B-31-101 (Effective 05/07/25). General obligation bonds -- Maximum amount
2389
-- Use of proceeds for projects.
2390
(1)(a) Subject to the restriction in Subsection (1)(c), the total amount of bonds issued
2391
under this section may not exceed $264,000,000 for acquisition and construction
2392
proceeds, plus additional amounts as provided in Subsection (1)(b).
2393
(b) When the Department of Transportation certifies to the commission the amount of
2394
bond proceeds needed to provide funding for the projects described in this section,
2395
the commission may issue and sell general obligation bonds in an amount equal to
2396
the certified amount, plus additional amounts necessary to pay costs of issuance, to
2397
pay capitalized interest, and to fund any existing debt service reserve requirements,
2398
not to exceed 1% of the certified amount.
2399
(c) The commission may not issue general obligation bonds authorized under this
2400
section if the issuance of the general obligation bonds would result in the total current
2401
outstanding general obligation debt of the state exceeding 50% of the limitation
2402
described in the Utah Constitution, Article XIV, Section 1.
2403
(2) Proceeds from the bonds issued under this section shall be provided to the Department
2404
of Transportation to pay for, or to provide funds in accordance with this section to pay
2405
for, the costs of right-of-way acquisition, construction, reconstruction, renovations, or
2406
improvements with respect to projects described in this section.
2407
(3) It is the intent of the Legislature that as transportation projects are prioritized under
2408
Section 72-2-124, the Transportation Commission give consideration to projects beyond
- 71 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
2409
the normal programming horizon.
2410
(4)(a) Two hundred thirty-two million dollars of the proceeds of bonds issued under this
2411
section shall be used to double track strategic sections of the FrontRunner commuter
2412
rail system, to be repaid from the Transit Transportation Investment Fund under
2413
Subsection [72-2-124(9)] 72-2-124(10).
2414
(b) The issuance of the bonds for the purpose described in Subsection (4)(a) is
2415
contingent upon the establishment of an agreement between the Department of
2416
Transportation and the Utah Transit Authority whereby the Utah Transit Authority
2417
agrees to pay $5,000,000 per year for 15 years toward repayment of the bonds.
2418
(5)(a) Twenty-nine million dollars of the proceeds of bonds issued under this section
2419
shall be provided to the Department of Transportation to pass through to Brigham
2420
City to be used for a Forest Street rail bridge project in Brigham City.
2421
(b) Payments shall be made from the Rail Transportation Restricted Account created in
2422
Section 72-2-131, from the amount designated under Subsection 72-2-131(4)(c), in
2423
the amount per year of the principal and interest payments due under the bonds
2424
issued under Subsection (5)(a) until those bonds have been repaid in full.
2425
(6)(a) Three million dollars of the proceeds of bonds issued under this section shall be
2426
provided to the Department of Transportation to pass through to the city of North Salt
2427
Lake for an environmental study for a grade separation at 1100 North in North Salt
2428
Lake.
2429
(b) Payments shall be made from the Rail Transportation Restricted Account created in
2430
Section 72-2-131, from the amount designated under Subsection 72-2-131(4)(b), in
2431
the amount per year of the principal and interest payments due under the bonds
2432
issued under Subsection (6)(a) until those bonds have been repaid in full.
2433
(7) The costs under Subsection (2) may include the costs of studies necessary to make
2434
transportation infrastructure improvements, the costs of acquiring land, interests in land,
2435
and easements and rights-of-way, the costs of improving sites and making all
2436
improvements necessary, incidental, or convenient to the facilities, and the costs of
2437
interest estimated to accrue on these bonds during the period to be covered by
2438
construction of the projects plus a period of six months after the end of the construction
2439
period, interest estimated to accrue on any bond anticipation notes issued under the
2440
authority of this title, and all related engineering, architectural, and legal fees.
2441
(8) The commission or the state treasurer may make any statement of intent relating to a
2442
reimbursement that is necessary or desirable to comply with federal tax law.
- 72 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
2443
(9) The Department of Transportation may enter into agreements related to the projects
2444
described in Subsection (4) before the receipt of proceeds of bonds issued under this
2445
section.
2446
Section 20. Section 63J-3-103 is amended to read:
2447
63J-3-103 (Effective 05/07/25). Definitions.
2448
As used in this chapter:
2449
(1)(a) "Appropriations" means actual unrestricted capital and operating appropriations
2450
from unrestricted General Fund and Income Tax Fund sources.
2451
(b) "Appropriations" includes appropriations that are contingent upon available
2452
surpluses in the General Fund and Income Tax Fund.
2453
(c) "Appropriations" does not mean:
2454
(i) public education expenditures;
2455
(ii) Utah Education and Telehealth Network expenditures in support of public
2456
education;
2457
(iii) Utah Board of Higher Education expenditures in support of public education;
2458
(iv) State Tax Commission expenditures related to collection of income taxes in
2459
support of public education;
2460
(v) debt service expenditures;
2461
(vi) emergency expenditures;
2462
(vii) expenditures from all other fund or subfund sources;
2463
(viii) transfers or appropriations from the Income Tax Fund to the Uniform School
2464
Fund;
2465
(ix) transfers into, or appropriations made to, the General Fund Budget Reserve
2466
Account established in Section 63J-1-312;
2467
(x) transfers into, or appropriations made to, the Income Tax Fund Budget Reserve
2468
Account established in Section 63J-1-313;
2469
(xi) transfers in accordance with Section 63J-1-314 into, or appropriations made to
2470
the Wildland Fire Suppression Fund created in Section 65A-8-204, the
2471
Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund created
2472
in Section 65A-8-215, or the State Disaster Recovery Restricted Account created
2473
in Section 53-2a-603;
2474
(xii) money appropriated to fund the total one-time project costs for the construction
2475
of capital development projects as defined in Section 63A-5b-401;
2476
[(xiii) transfers or deposits into or appropriations made to the Centennial Highway
- 73 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
2477
Fund created by Section 72-2-118;]
2478
[(xiv)] (xiii) transfers or deposits into or appropriations made to the Transportation
2479
Investment Fund of 2005 created by Section 72-2-124;
2480
[(xv)] (xiv) transfers or deposits into or appropriations made to:
2481
(A) the Department of Transportation from any source; or
2482
(B) any transportation-related account or fund from any source; or
2483
[(xvi)] (xv) supplemental appropriations from the General Fund to the Division of
2484
Forestry, Fire, and State Lands to provide money for wildland fire control
2485
expenses incurred during the current or previous fire years.
2486
(2) "Base year real per capita appropriations" means the result obtained for the state by
2487
dividing the fiscal year 1985 actual appropriations of the state less debt money by:
2488
(a) the state's July 1, 1983 population; and
2489
(b) the fiscal year 1983 inflation index divided by 100.
2490
(3) "Calendar year" means the time period beginning on January 1 of any given year and
2491
ending on December 31 of the same year.
2492
(4) "Fiscal emergency" means an extraordinary occurrence requiring immediate
2493
expenditures and includes the settlement under Laws of Utah 1988, Fourth Special
2494
Session, Chapter 4.
2495
(5) "Fiscal year" means the time period beginning on July 1 of any given year and ending
2496
on June 30 of the subsequent year.
2497
(6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual capital
2498
and operations appropriations from General Fund and non-Uniform School Fund income
2499
tax revenue sources, less debt money.
2500
(7) "Inflation index" means the change in the general price level of goods and services as
2501
measured by the Gross National Product Implicit Price Deflator of the Bureau of
2502
Economic Analysis, U.S. Department of Commerce calculated as provided in Section
2503
63J-3-202.
2504
(8)(a) "Maximum allowable appropriations limit" means the appropriations that could
2505
be, or could have been, spent in any given year under the limitations of this chapter.
2506
(b) "Maximum allowable appropriations limit" does not mean actual appropriations
2507
spent or actual expenditures.
2508
(9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two
2509
fiscal years previous to the fiscal year for which the maximum allowable inflation and
2510
population appropriations limit is being computed under this chapter.
- 74 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
2511
(10) "Most recent fiscal year's population" means the fiscal year population two fiscal years
2512
previous to the fiscal year for which the maximum allowable inflation and population
2513
appropriations limit is being computed under this chapter.
2514
(11) "Population" means the number of residents of the state as of July 1 of each year as
2515
calculated by the Governor's Office of Planning and Budget according to the procedures
2516
and requirements of Section 63J-3-202.
2517
(12) "Revenues" means the revenues of the state from every tax, penalty, receipt, and other
2518
monetary exaction and interest connected with it that are recorded as unrestricted
2519
revenue of the General Fund and from non-Uniform School Fund income tax revenues,
2520
except as specifically exempted by this chapter.
2521
(13) "Security" means any bond, note, warrant, or other evidence of indebtedness, whether
2522
or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an
2523
"indebtedness" within the meaning of any provision of the constitution or laws of this
2524
state.
2525
Section 21. Section 72-1-201 is amended to read:
2526
72-1-201 (Effective 05/07/25). Creation of Department of Transportation --
2527
Functions, powers, duties, rights, and responsibilities.
2528
(1) There is created the Department of Transportation which shall:
2529
(a) have the general responsibility for planning, research, design, construction,
2530
maintenance, security, and safety of state transportation systems;
2531
(b) provide administration for state transportation systems and programs;
2532
(c) implement the transportation policies of the state;
2533
(d) plan, develop, construct, and maintain state transportation systems that are safe,
2534
reliable, environmentally sensitive, and serve the needs of the traveling public,
2535
commerce, and industry;
2536
(e) establish standards and procedures regarding the technical details of administration
2537
of the state transportation systems as established by statute and administrative rule;
2538
(f) advise the governor and the Legislature about state transportation systems needs;
2539
(g) coordinate with utility companies for the reasonable, efficient, and cost-effective
2540
installation, maintenance, operation, relocation, and upgrade of utilities within state
2541
highway rights-of-way;
2542
(h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2543
make rules for the administration of the department, state transportation systems, and
2544
programs;
- 75 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
2545
(i) jointly with the commission annually report to the Transportation Interim Committee,
2546
by November 30 of each year, as to the operation, maintenance, condition, mobility,
2547
safety needs, and wildlife and livestock mitigation for state transportation systems;
2548
(j) ensure that any training or certification required of a public official or public
2549
employee, as those terms are defined in Section 63G-22-102, complies with Title
2550
63G, Chapter 22, State Training and Certification Requirements, if the training or
2551
certification is required:
2552
(i) under this title;
2553
(ii) by the department; or
2554
(iii) by an agency or division within the department;
2555
(k) study and make recommendations to the Legislature on potential managed lane use
2556
and implementation on selected transportation systems within the state;
2557
(l) before July 1 of each year, coordinate with the Utah Highway Patrol Division created
2558
in Section 53-8-103 regarding:
2559
(i) future highway projects that will add additional capacity to the state transportation
2560
system;
2561
(ii) potential changes in law enforcement responsibilities due to future highway
2562
projects; and
2563
(iii) incident management services on state highways; and
2564
(m) provide public transit services, in consultation with any relevant public transit
2565
provider.
2566
(2) If the department constructs a project that requires an environmental impact statement,
2567
the department may only construct the project as provided in the record of decision
2568
associated with the environmental impact statement.
2569
[(2)] (3)(a) The department shall exercise reasonable care in designing, constructing, and
2570
maintaining a state highway in a reasonably safe condition for travel.
2571
(b) Nothing in this section shall be construed as:
2572
(i) creating a private right of action; or
2573
(ii) expanding or changing the department's common law duty as described in
2574
Subsection [(2)(a)] (3)(a) for liability purposes.
2575
Section 22. Section 72-1-212 is amended to read:
2576
72-1-212 (Effective 05/07/25). Special use permitting -- Rulemaking.
2577
(1) As used in this section:
2578
(a) "Law enforcement agency" means the same as that term is defined in Section [
- 76 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
2579
53-3-102] 53-1-102.
2580
(b) "Special use permit" means a permit issued:
2581
(i) for a special use or a special event that takes place on a highway; or
2582
(ii) to a law enforcement agency to install an automatic license plate reader on a state
2583
highway for the purpose of capturing license plate data of vehicles traveling on a
2584
state highway, regardless of whether the device is installed on property owned by
2585
the department or the law enforcement agency.
2586
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in
2587
consultation with representatives of the Utah League of Cities and Towns and the Utah
2588
Association of Counties, the department shall make rules that are not inconsistent with
2589
this chapter or the constitution and laws of this state or of the United States governing
2590
the issuance of a special use permit to maintain public safety and serve the needs of the
2591
traveling public.
2592
(3) The rules described in Subsection (2) may:
2593
(a) establish the highways for which the highest number of special use permits are
2594
issued;
2595
(b) develop, in consultation with municipalities, a limit on the number of special use
2596
permits that may be issued in any calendar year on a particular highway;
2597
(c) require a person to submit an application designated by the department before the
2598
department issues a special use permit;
2599
(d) limit the number of special use permits issued on any one day for any specified
2600
location based on a first-come, first-served basis for completed applications;
2601
(e) establish criteria for evaluating completed applications, such as historic use, potential
2602
economic benefit, or other relevant factors;
2603
(f) specify conditions that are required to be met before a special use permit may be
2604
issued;
2605
(g) establish a penalty for failure to fulfill conditions required by the special use permit,
2606
including suspension of the special use permit or suspension of a future special use
2607
permit;
2608
(h) require an applicant to obtain insurance for certain special uses or special events; or
2609
(i) provide other requirements to maintain public safety and serve the needs of the
2610
traveling public.
2611
(4) The limit on the number of special use permits described in Subsection (3)(b) may not
2612
include:
- 77 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
2613
(a) a special use permit issued for a municipality-sponsored special use or special event
2614
on a highway within the jurisdiction of the municipality; or
2615
(b) a special use permit issued to a law enforcement agency to install a device as part of
2616
an automatic license plate reader system authorized by Section 41-6a-2003.
2617
(5) The rules described in Subsection (2) shall consider:
2618
(a) traveler safety and mobility;
2619
(b) the safety of special use or special event participants;
2620
(c) emergency access;
2621
(d) the mobility of residents close to the event or use;
2622
(e) access and economic impact to businesses affected by changes to the normal
2623
operation of highway traffic;
2624
(f) past performance of an applicant's adherence to special use permit requirements; and
2625
(g) whether a law enforcement agency applying for a special use permit has published a
2626
policy online as required by Section 41-6a-2003.
2627
(6) Notwithstanding any other provision of this chapter, the department may also require a
2628
law enforcement agency applying for a special use permit described in this section to
2629
obtain an encroachment permit.
2630
(7) The department shall adopt a fee schedule in accordance with Section 63J-1-504 that
2631
reflects the cost of services provided by the department associated with special use
2632
permits and with special uses or special events that take place on a highway.
2633
(8) For a device installed in accordance with Section 41-6a-2003, the installation,
2634
maintenance, data collection, and removal are the responsibility of the law enforcement
2635
agency that obtains the special use permit.
2636
(9)(a) The department shall preserve a record of special use permits issued to a law
2637
enforcement agency, including the stated purpose for each permit.
2638
(b) The department shall preserve a record identified in Subsection (9)(a) for at least five
2639
years.
2640
Section 23. Section 72-1-213.1 is amended to read:
2641
72-1-213.1 (Effective 05/07/25). Road usage charge program.
2642
(1) As used in this section:
2643
(a) "Account manager" means an entity under contract with the department to administer
2644
and manage the road usage charge program.
2645
(b) "Alternative fuel vehicle" means:
2646
(i) an electric motor vehicle as defined in Section 41-1a-102; or
- 78 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
2647
(ii) a motor vehicle powered exclusively by a fuel other than:
2648
(A) motor fuel;
2649
(B) diesel fuel;
2650
(C) natural gas; or
2651
(D) propane.
2652
(c) "Payment period" means the interval during which an owner is required to report
2653
mileage and pay the appropriate road usage charge according to the terms of the
2654
program.
2655
(d) "Program" means the road usage charge program established and described in this
2656
section.
2657
(e) "Road usage charge cap" means the maximum fee charged to a participant in the
2658
program for a registration period.
2659
(f) "Road usage charge rate" means the per-mile usage fee charged to a participant in the
2660
program.
2661
(2) There is established a road usage charge program as described in this section.
2662
(3)(a) The department shall implement and oversee the administration of the program,
2663
which shall begin on January 1, 2020.
2664
(b) To implement and administer the program, the department may contract with an
2665
account manager.
2666
(4)(a) The owner or lessee of an alternative fuel vehicle may apply for enrollment of the
2667
alternative fuel vehicle in the program.
2668
(b) If an application for enrollment into the program is approved by the department, the
2669
owner or lessee of an alternative fuel vehicle may participate in the program in lieu of
2670
paying the fee described in Subsection 41-1a-1206(1)(h) or (2)(b).
2671
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
2672
consistent with this section, the department:
2673
(a) shall make rules to establish:
2674
(i) processes and terms for enrollment into and withdrawal or removal from the
2675
program;
2676
(ii) payment periods and other payment methods and procedures for the program;
2677
(iii) standards for mileage reporting mechanisms for an owner or lessee of an
2678
alternative fuel vehicle to report mileage as part of participation in the program;
2679
(iv) standards for program functions for mileage recording, payment processing,
2680
account management, and other similar aspects of the program;
- 79 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
2681
(v) contractual terms between an owner or lessee of an alternative fuel vehicle owner
2682
and an account manager for participation in the program;
2683
(vi) contractual terms between the department and an account manager, including
2684
authority for an account manager to enforce the terms of the program;
2685
(vii) procedures to provide security and protection of personal information and data
2686
connected to the program, and penalties for account managers for violating
2687
privacy protection rules;
2688
(viii) penalty procedures for a program participant's failure to pay a road usage
2689
charge or tampering with a device necessary for the program; and
2690
(ix) department oversight of an account manager, including privacy protection of
2691
personal information and access and auditing capability of financial and other
2692
records related to administration of the program; and
2693
(b) may make rules to establish:
2694
(i) an enrollment cap for certain alternative fuel vehicle types to participate in the
2695
program;
2696
(ii) a process for collection of an unpaid road usage charge or penalty; or
2697
(iii) integration of the program with other similar programs, such as tolling.
2698
(6) Revenue generated by the road usage charge program and relevant penalties shall be
2699
deposited into the Road Usage Charge Program Special Revenue Fund.
2700
(7)(a) The department may:
2701
(i)(A) impose a penalty for failure to timely pay a road usage charge according to
2702
the terms of the program or tampering with a device necessary for the program;
2703
and
2704
(B) request that the Division of Motor Vehicles place a hold on the registration of
2705
the owner's or lessee's alternative fuel vehicle for failure to pay a road usage
2706
charge or penalty according to the terms of the program;
2707
(ii) send correspondence to the owner of an alternative fuel vehicle to inform the
2708
owner or lessee of:
2709
(A) the road usage charge program, implementation, and procedures;
2710
(B) an unpaid road usage charge and the amount of the road usage charge to be
2711
paid to the department;
2712
(C) the penalty for failure to pay a road usage charge within the time period
2713
described in Subsection (7)(a)(iii); and
2714
(D) a hold being placed on the owner's or lessee's registration for the alternative
- 80 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
2715
fuel vehicle, if the road usage charge and penalty are not paid within the time
2716
period described in Subsection (7)(a)(iii), which would prevent the renewal of
2717
the alternative fuel vehicle's registration; and
2718
(iii) require that the owner or lessee of the alternative fuel vehicle pay the road usage
2719
charge to the department within 30 days of the date when the department sends
2720
written notice of the road usage charge to the owner or lessee.
2721
(b) The department shall send the correspondence and notice described in Subsection (7)
2722
(a) to the owner of the alternative fuel vehicle according to the terms of the program.
2723
(8)(a) The Division of Motor Vehicles and the department shall share and provide access
2724
to information pertaining to an alternative fuel vehicle and participation in the
2725
program including:
2726
(i) registration and ownership information pertaining to an alternative fuel vehicle;
2727
(ii) information regarding the failure of an alternative fuel vehicle owner or lessee to
2728
pay a road usage charge or penalty imposed under this section within the time
2729
period described in Subsection (7)(a)(iii); and
2730
(iii) the status of a request for a hold on the registration of an alternative fuel vehicle.
2731
(b) If the department requests a hold on the registration in accordance with this section,
2732
the Division of Motor Vehicles may not renew the registration of a motor vehicle
2733
under Title 41, Chapter 1a, Part 2, Registration, until the department withdraws the
2734
hold request.
2735
(9) The owner of an alternative fuel vehicle may apply for enrollment in the program or
2736
withdraw from the program according to the terms established by the department
2737
pursuant to rules made under Subsection (5).
2738
(10) If enrolled in the program, the owner or lessee of an alternative fuel vehicle shall:
2739
(a) report mileage driven as required by the department pursuant to Subsection (5);
2740
(b) pay the road usage fee for each payment period in accordance with Subsection (5);
2741
and
2742
(c) comply with all other provisions of this section and other requirements of the
2743
program.
2744
(11) The department shall submit annually, on or before October 1, to the Transportation
2745
Interim Committee, an electronic report that:
2746
(a) states for the preceding fiscal year:
2747
(i) the amount of revenue collected from the program;
2748
(ii) the participation rate in the program; and
- 81 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
2749
(iii) the department's costs to administer the program; and
2750
(b) provides for the current fiscal year, an estimate of:
2751
(i) the revenue that will be collected from the program;
2752
(ii) the participation rate in the program; and
2753
(iii) the department's costs to administer the program.
2754
(12)(a) Beginning on January 1, 2023:
2755
(i) the road usage charge rate is 1.0 cent per mile; and
2756
(ii) the road usage charge cap is:
2757
(A) $130.25 for an annual registration period; and
2758
(B) $100.75 for a six-month registration period.
2759
(b) Beginning on January 1, 2026:
2760
(i) the road usage charge rate is 1.25 cents per mile; and
2761
(ii) the road usage charge cap is:
2762
(A) $180 for an annual registration period; and
2763
(B) $139 for a six-month registration period.
2764
(c) Beginning on January 1, 2032:
2765
(i) the road usage charge rate is 1.5 cents per mile, unless the commission establishes
2766
a different road usage charge rate in accordance with Subsection (13); and
2767
(ii) the road usage charge cap is:
2768
(A) $240 for an annual registration period; and
2769
(B) $185 for a six-month registration period.
2770
(d) Beginning in 2024, the department shall, on January 1, annually adjust the road
2771
usage charge rates described in this Subsection (12) by taking the road usage charge
2772
rate for the previous year and adding an amount equal to the greater of:
2773
(i) an amount calculated by multiplying the road usage charge rate of the previous
2774
year by the actual percentage change during the previous fiscal year in the
2775
Consumer Price Index as determined by the State Tax Commission; and
2776
(ii) 0.
2777
(e) Beginning in 2024, the State Tax Commission shall, on January 1, annually adjust
2778
the road usage charge caps described in this Subsection (12) by taking the road usage
2779
charge cap for the previous year and adding an amount equal to the greater of:
2780
(i) an amount calculated by multiplying the road usage charge cap of the previous
2781
year by the actual percentage change during the previous fiscal year in the
2782
Consumer Price Index; and
- 82 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
2783
(ii) 0.
2784
(f) The amounts calculated as described in Subsection (12)(d) shall be rounded up to the
2785
nearest .01 cent.
2786
(g) The amounts calculated as described in Subsection (12)(e) shall be rounded up to the
2787
nearest 25 cents.
2788
(h) On or before January 1 of each year, the department shall publish:
2789
(i) the adjusted road usage charge rate described in Subsection (12)(d); and
2790
(ii) adjusted road usage charge cap described in Subsection (12)(e).
2791
(13)(a) Beginning January 1, 2032, the commission may establish by rule made in
2792
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the road
2793
usage charge rate for each type of alternative fuel vehicle.
2794
(b)(i) Before making rules in accordance with Subsection (13)(a), the commission
2795
shall consult with the department regarding the road usage charge rate for each
2796
type of alternative fuel vehicle.
2797
(ii) The department shall cooperate with and make recommendations to the
2798
commission regarding the road usage charge rate for each type of alternative fuel
2799
vehicle.
2800
Section 24. Section 72-1-217 is amended to read:
2801
72-1-217 (Effective 05/07/25). Department of Transportation study items.
2802
(1) The department shall carry out transportation studies described in this section as
2803
resources allow.
2804
(2)(a) The department shall study items related to advanced air mobility as described in
2805
this Subsection (2).
2806
(b) The department shall study vertiport locations and infrastructure, including:
2807
(i) identification of suitable locations for vertiport infrastructure and parking
2808
infrastructure for vertiports in metropolitan areas;
2809
(ii) identification of commuter rail stations that may be suitable for vertiport
2810
placement; and
2811
(iii) identification of underutilized parking lots and parking structures for vertiport
2812
infrastructure placement.
2813
(c) The department shall study best practices and implementation of advanced air
2814
mobility technologies, including:
2815
(i) seeking input through community engagement;
2816
(ii) state and local regulations;
- 83 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
2817
(iii) unmanned aircraft system traffic management; and
2818
(iv) weather reporting and monitoring for advanced air mobility safety.
2819
(d) The department shall study unmanned aircraft traffic management infrastructure,
2820
including:
2821
(i) unmanned aircraft system traffic management development, implementation,
2822
procedures, policies, and infrastructure; and
2823
(ii) obtaining a full understanding of unmanned aircraft system traffic management,
2824
including:
2825
(A) designation of airspace for advanced air mobility;
2826
(B) creation of geographic categorical areas;
2827
(C) identifying the appropriate number and location of advanced air mobility
2828
sensors; and
2829
(D) other state specific details regarding unmanned aircraft system traffic
2830
management.
2831
(e) The department shall study the creation of an advanced air mobility sandbox,
2832
including:
2833
(i) potential locations for the sandbox testing area and desirable attributes of a
2834
suitable sandbox location;
2835
(ii) requirements to create a geographical advanced air mobility testing area and the
2836
parameters for the types of technology that may be utilized in the testing area; and
2837
(iii) testing and studying different types of advanced air mobility transportation of
2838
manned and unmanned aerial vehicles, including:
2839
(A) aerial vehicle size;
2840
(B) aerial vehicles that carry cargo, including medical cargo;
2841
(C) commercial aerial vehicles; and
2842
(D) public transportation aerial vehicles.
2843
(f) On or before September 30, 2023, the department shall provide a report to the
2844
Transportation Interim Committee of the department's findings from the study items
2845
described in Subsections (2)(b) through (2)(e).
2846
(g) The department may only use existing funds to cover the expenses incurred from the
2847
study of items described in Subsections (2)(b) through (2)(e).
2848
(3)(a) The department and a large public transit district shall jointly study programs
2849
offered by government entities related to human services transportation, including:
2850
(i) coordinated mobility services;
- 84 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
2851
(ii) paratransit services;
2852
(iii) nonemergency medical transportation;
2853
(iv) youth transportation programs, excluding school bus transportation; and
2854
(v) other similar fare-based or fee-based programs provided or coordinated within the
2855
boundary of the large public transit district, including those involving the
2856
department, a large public transit district, local governments, or other government
2857
agencies and nonprofit entities that provide similar services.
2858
(b) The study shall evaluate strategies to consolidate the transportation services
2859
described in Subsection (3)(a) to improve efficiency and service.
2860
(c) The department and large public transit district shall:
2861
(i) provide a preliminary report on the study to the Transportation Interim Committee
2862
on or before November 1, 2025; and
2863
(ii) prepare and present recommendations to the Transportation Interim Committee
2864
on or before November 1, 2026, for the consolidation of the services described in
2865
Subsection (3)(a).
2866
Section 25. Section 72-1-303 is amended to read:
2867
72-1-303 (Effective 05/07/25). Duties of commission.
2868
(1) The commission has the following duties:
2869
(a) determining priorities and funding levels of projects and programs in the state
2870
transportation systems and the capital development of new public transit facilities for
2871
each fiscal year based on project lists compiled by the department and taking into
2872
consideration the strategic initiatives described in Section 72-1-211;
2873
(b) determining additions and deletions to state highways under Chapter 4, Designation
2874
of State Highways Act;
2875
(c) holding public meetings and otherwise providing for public input in transportation
2876
matters;
2877
(d) making policies and rules in accordance with Title 63G, Chapter 3, Utah
2878
Administrative Rulemaking Act, necessary to perform the commission's duties
2879
described under this section;
2880
(e) in accordance with Section 63G-4-301, reviewing orders issued by the executive
2881
director in adjudicative proceedings held in accordance with Title 63G, Chapter 4,
2882
Administrative Procedures Act;
2883
(f) advising the department on state transportation systems policy;
2884
(g) approving settlement agreements of condemnation cases subject to Section
- 85 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
2885
63G-10-401;
2886
(h) in accordance with Section 17B-2a-807, appointing a commissioner to serve as a
2887
nonvoting member or a voting member on the board of trustees of a public transit
2888
district;
2889
(i) in accordance with Section 17B-2a-808, reviewing, at least annually, the short-term
2890
and long-range public transit plans;
2891
(j) determining the priorities and funding levels of public transit innovation grants, as
2892
defined in Section 72-2-401; and
2893
(k) reviewing administrative rules made, substantively amended, or repealed by the
2894
department.
2895
(2)(a) For projects prioritized with funding provided under Sections 72-2-124 and
2896
72-2-125, the commission shall annually report to[ a committee designated by the
2897
Legislative Management Committee] the Transportation and Infrastructure
2898
Appropriations Subcommittee:
2899
(i) a prioritized list of the new transportation capacity projects in the state
2900
transportation system and the funding levels available for those projects; and
2901
(ii) the unfunded highway construction and maintenance needs within the state.
2902
(b) The [committee designated by the Legislative Management Committee under
2903
Subsection (2)(a)] Transportation and Infrastructure Appropriations Subcommittee
2904
shall:
2905
(i) review the list reported by the Transportation Commission; and
2906
(ii) make a recommendation to the Legislature on:
2907
(A) the amount of additional funding to allocate to transportation; and
2908
(B) the source of revenue for the additional funding allocation under Subsection
2909
(2)(b)(ii)(A).
2910
(3) The commission shall review and may approve plans for the construction of a highway
2911
facility over sovereign lakebed lands in accordance with Chapter 6, Part 3, Approval of
2912
Highway Facilities on Sovereign Lands Act.
2913
(4) One or more associations representing airport operators or pilots in the state shall
2914
annually report to the commission recommended airport improvement projects and any
2915
other information related to the associations' expertise and relevant to the commission's
2916
duties.
2917
Section 26. Section 72-1-304 is amended to read:
2918
72-1-304 (Effective 05/07/25). Written project prioritization process for new
- 86 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
2919
transportation capacity projects -- Rulemaking.
2920
(1)(a) The Transportation Commission, in consultation with the department and the
2921
metropolitan planning organizations as defined in Section 72-1-208.5, shall develop a
2922
written prioritization process for the prioritization of:
2923
(i) new transportation capacity projects that are or will be part of the state highway
2924
system under Chapter 4, Part 1, State Highways;
2925
(ii) paved pedestrian or paved nonmotorized transportation projects described in
2926
Section 72-2-124;
2927
(iii) public transit projects that directly add capacity to the public transit systems
2928
within the state, not including facilities ancillary to the public transit system; and
2929
(iv) pedestrian or nonmotorized transportation projects that provide connection to a
2930
public transit system.
2931
(b)(i) A local government or public transit district may nominate a project for
2932
prioritization in accordance with the process established by the commission in rule.
2933
(ii) If a local government or public transit district nominates a project for
2934
prioritization by the commission, the local government or public transit district
2935
shall provide data and evidence to show that:
2936
(A) the project will advance the purposes and goals described in Section 72-1-211;
2937
(B) for a public transit project, the local government or public transit district has
2938
an ongoing funding source for operations and maintenance of the proposed
2939
development; and
2940
(C) the local government or public transit district will provide the percentage of
2941
the costs for the project as required by Subsection 72-2-124(4)(a)(viii) or [
2942
72-2-124(9)(e)] 72-2-124(10)(e).
2943
(2) The following shall be included in the written prioritization process under Subsection
2944
(1):
2945
(a) a description of how the strategic initiatives of the department adopted under Section
2946
72-1-211 are advanced by the written prioritization process;
2947
(b) a definition of the type of projects to which the written prioritization process applies;
2948
(c) specification of a weighted criteria system that is used to rank proposed projects and
2949
how it will be used to determine which projects will be prioritized;
2950
(d) specification of the data that is necessary to apply the weighted ranking criteria; and
2951
(e) any other provisions the commission considers appropriate, which may include
2952
consideration of:
- 87 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
2953
(i) regional and statewide economic development impacts, including improved local
2954
access to:
2955
(A) employment;
2956
(B) educational facilities;
2957
(C) recreation;
2958
(D) commerce; and
2959
(E) residential areas, including moderate income housing as demonstrated in the
2960
local government's or public transit district's general plan pursuant to Section
2961
10-9a-403 or 17-27a-403;
2962
(ii) the extent to which local land use plans relevant to a project support and
2963
accomplish the strategic initiatives adopted under Section 72-1-211; and
2964
(iii) any matching funds provided by a political subdivision or public transit district
2965
in addition to the percentage of costs required by Subsections 72-2-124(4)(a)(viii)
2966
and [72-2-124(9)(e)] 72-2-124(10)(e).
2967
(3)(a) When prioritizing a public transit project that increases capacity, the commission:
2968
(i) may give priority consideration to projects that are part of a transit-oriented
2969
development or transit-supportive development as defined in Section 17B-2a-802;
2970
and
2971
(ii) shall give priority consideration to projects that are within the boundaries of a
2972
housing and transit reinvestment zone created pursuant to Title 63N, Chapter 3,
2973
Part 6, Housing and Transit Reinvestment Zone Act.
2974
(b) When prioritizing a transportation project that increases capacity, the commission
2975
may give priority consideration to projects that are:
2976
(i) part of a transportation reinvestment zone created under Section 11-13-227 if:
2977
(A) the state is a participant in the transportation reinvestment zone; or
2978
(B) the commission finds that the transportation reinvestment zone provides a
2979
benefit to the state transportation system; or
2980
(ii) within the boundaries of a housing and transit reinvestment zone created pursuant
2981
to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act.
2982
(c) If the department receives a notice of prioritization for a municipality as described in
2983
Subsection 10-9a-408(5), or a notice of prioritization for a county as described in
2984
Subsection 17-27a-408(5), the commission may give priority consideration to
2985
transportation projects that are within the boundaries of the municipality or the
2986
unincorporated areas of the county until the department receives notification from the
- 88 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
2987
Housing and Community Development Division within the Department of Workforce
2988
Services that the municipality or county no longer qualifies for prioritization under
2989
this Subsection (3)(c).
2990
(d) When prioritizing a transportation project described in Subsection (1)(a)(ii) or (iv),
2991
the commission may give priority consideration to projects that improve connectivity
2992
pursuant to Section 10-8-87.
2993
(4) In developing the written prioritization process, the commission:
2994
(a) shall seek and consider public comment by holding public meetings at locations
2995
throughout the state; and
2996
(b) may not consider local matching dollars as provided under Section 72-2-123 unless
2997
the state provides an equal opportunity to raise local matching dollars for state
2998
highway improvements within each county.
2999
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3000
Transportation Commission, in consultation with the department, shall make rules
3001
establishing the written prioritization process under Subsection (1).
3002
(6) The commission shall submit the proposed rules under this section to [a committee or
3003
task force designated by the Legislative Management Committee ] the Transportation
3004
Interim Committee for review prior to taking final action on the proposed rules or any
3005
proposed amendment to the rules described in Subsection (5).
3006
Section 27. Section 72-1-305 is amended to read:
3007
72-1-305 (Effective 05/07/25). Project selection using the written prioritization
3008
process -- Public comment -- Report.
3009
(1) Except as provided in Subsection (4), in determining priorities and funding levels of
3010
projects in the state transportation system under Subsection 72-1-303(1)(a) that are new
3011
transportation capacity projects, the commission shall use the weighted criteria system
3012
adopted in the written prioritization process under Section 72-1-304.
3013
(2) Prior to finalizing priorities and funding levels of projects in the state transportation
3014
system, the commission shall conduct public meetings at locations around the state and
3015
accept public comments on:
3016
(a) the written prioritization process;
3017
(b) the merits of new transportation capacity projects that will be prioritized under this
3018
section; and
3019
(c) the merits of new transportation capacity projects as recommended by a consensus of
3020
local elected officials participating in a metropolitan planning organization as defined
- 89 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
3021
in Section 72-1-208.5.
3022
(3) The commission shall make the weighted criteria system ranking for each project
3023
publicly available prior to the public meetings held under Subsection (2).
3024
(4)(a) If the commission prioritizes a project over another project with a higher rank
3025
under the weighted criteria system, the commission shall identify the change and
3026
accept public comment at a meeting held under this section on the merits of
3027
prioritizing the project above higher ranked projects.
3028
(b) The commission shall make the reasons for the prioritization under Subsection (4)(a)
3029
publicly available.
3030
(5)(a) The executive director or the executive director's designee shall report annually to
3031
the governor and [a committee designated by the Legislative Management Committee]
3032
the Transportation Interim Committee no later than the last day of October:
3033
(i) the projects prioritized under this section during the year prior to the report; and
3034
(ii) the status and progress of all projects prioritized under this section.
3035
(b) Annually, before any funds are programmed and allocated from the Transit
3036
Transportation Investment Fund created in Section 72-2-124 for each fiscal year, the
3037
executive director or the executive director's designee, along with the executive
3038
director of a large public transit district as described in Section 17B-2a-802, shall
3039
report to the governor and [a committee designated by the Legislative Management
3040
Committee ] the Transportation Interim Committee no later than the last day of
3041
October:
3042
(i) the public transit projects prioritized under this section during the year prior to the
3043
report; and
3044
(ii) the status and progress of all public transit projects prioritized under this section.
3045
(6) The department shall annually report to the Transportation Commission on the status of
3046
new capacity transportation projects, including projects that were funded by the
3047
Legislature in an appropriations act.
3048
Section 28. Section 72-2-106 is amended to read:
3049
72-2-106 (Effective 07/01/25). Appropriation and transfers from Transportation
3050
Fund.
3051
(1) On and after July 1, 1981, there is appropriated from the Transportation Fund to the use
3052
of the department an amount equal to two-elevenths of the taxes collected from the
3053
motor fuel tax and the special fuel tax, exclusive of the formula amount appropriated for
3054
class B and class C roads, to be used for highway rehabilitation.
- 90 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
3055
[(2) For a fiscal year beginning on or after July 1, 2016, the Division of Finance shall
3056
annually transfer an amount equal to the amount of revenue generated by a tax imposed
3057
on motor and special fuel that is sold, used, or received for sale or used in this state at a
3058
rate of 1.8 cents per gallon to the Transportation Investment Fund of 2005 created by
3059
Section 72-2-124.]
3060
[(3)] (2) For a fiscal year beginning on or after July 1, 2019, the Division of Finance shall
3061
annually transfer to the Transportation Investment Fund of 2005 created by Section
3062
72-2-124 an amount that is equal to 35% of the amount of revenue generated in the
3063
current fiscal year by the portion of the tax imposed on motor and special fuel that is
3064
sold, used, or received for sale or use in this state that exceeds 29.4 cents per gallon.
3065
[(4)] (3) For purposes of the calculation described in Subsection 59-12-103(7)(c), the
3066
Division of Finance shall notify the State Tax Commission of the amount of any transfer
3067
made under [Subsections (2) and (3)] Subsection (2).
3068
Section 29. Section 72-2-121 is amended to read:
3069
72-2-121 (Effective upon governor's approval). County of the First Class
3070
Highway Projects Fund.
3071
(1) There is created a special revenue fund within the Transportation Fund known as the
3072
"County of the First Class Highway Projects Fund."
3073
(2) The fund consists of money generated from the following revenue sources:
3074
(a) any voluntary contributions received for new construction, major renovations, and
3075
improvements to highways within a county of the first class;
3076
(b) the portion of the sales and use tax described in Subsection 59-12-2214(3)(b)
3077
deposited into or transferred to the fund;
3078
(c) the portion of the sales and use tax described in Section 59-12-2217 deposited into or
3079
transferred to the fund;
3080
(d) a portion of the local option highway construction and transportation corridor
3081
preservation fee imposed in a county of the first class under Section 41-1a-1222
3082
deposited into or transferred to the fund; and
3083
(e) the portion of the sales and use tax transferred into the fund as described in
3084
Subsections 59-12-2220(4)(a) and 59-12-2220(11)(b).
3085
(3)(a) The fund shall earn interest.
3086
(b) All interest earned on fund money shall be deposited into the fund.
3087
(4) Subject to Subsection (11), the executive director shall use the fund money only:
3088
(a) to pay debt service and bond issuance costs for bonds issued under Sections
- 91 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
3089
63B-16-102, 63B-18-402, and 63B-27-102;
3090
(b) for right-of-way acquisition, new construction, major renovations, and improvements
3091
to highways within a county of the first class and to pay any debt service and bond
3092
issuance costs related to those projects, including improvements to a highway located
3093
within a municipality in a county of the first class where the municipality is located
3094
within the boundaries of more than a single county;
3095
(c) for the construction, acquisition, use, maintenance, or operation of:
3096
(i) an active transportation facility for nonmotorized vehicles;
3097
(ii) multimodal transportation that connects an origin with a destination; or
3098
(iii) a facility that may include a:
3099
(A) pedestrian or nonmotorized vehicle trail;
3100
(B) nonmotorized vehicle storage facility;
3101
(C) pedestrian or vehicle bridge; or
3102
(D) vehicle parking lot or parking structure;
3103
(d) to transfer to the 2010 Salt Lake County Revenue Bond Sinking Fund created by
3104
Section 72-2-121.3 the amount required in Subsection 72-2-121.3(4)(c) minus the
3105
amounts transferred in accordance with Subsection [72-2-124(4)(a)(iv)]
3106
72-2-124(4)(a)(v);
3107
(e) for a fiscal year beginning on or after July 1, 2013, to pay debt service and bond
3108
issuance costs for $30,000,000 of the bonds issued under Section 63B-18-401 for the
3109
projects described in Subsection 63B-18-401(4)(a);
3110
(f) for a fiscal year beginning on or after July 1, 2013, and after the department has
3111
verified that the amount required under Subsection 72-2-121.3(4)(c) is available in
3112
the fund, to transfer an amount equal to 50% of the revenue generated by the local
3113
option highway construction and transportation corridor preservation fee imposed
3114
under Section 41-1a-1222 in a county of the first class:
3115
(i) to the legislative body of a county of the first class; and
3116
(ii) to be used by a county of the first class for:
3117
(A) highway construction, reconstruction, or maintenance projects; or
3118
(B) the enforcement of state motor vehicle and traffic laws;
3119
(g) for a fiscal year beginning on or after July 1, 2015, after the department has verified
3120
that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund
3121
and the transfer under Subsection (4)(e) has been made, to annually transfer an
3122
amount of the sales and use tax revenue imposed in a county of the first class and
- 92 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
3123
deposited into the fund in accordance with Subsection 59-12-2214(3)(b) equal to an
3124
amount needed to cover the debt to:
3125
(i) the appropriate debt service or sinking fund for the repayment of bonds issued
3126
under Section 63B-27-102; and
3127
(ii) the appropriate debt service or sinking fund for the repayment of bonds issued
3128
under Sections 63B-31-102 and 63B-31-103;
3129
(h) after the department has verified that the amount required under Subsection
3130
72-2-121.3(4)(c) is available in the fund and after the transfer under Subsection
3131
(4)(d), the payment under Subsection (4)(e), and the transfer under Subsection
3132
(4)(g)(i) has been made, to annually transfer $2,000,000 to a public transit district in
3133
a county of the first class to fund a system for public transit;
3134
(i) for a fiscal year beginning on or after July 1, 2018, after the department has verified
3135
that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund
3136
and after the transfer under Subsection (4)(d), the payment under Subsection (4)(e),
3137
and the transfer under Subsection (4)(g)(i) has been made, to annually transfer 20%
3138
of the amount deposited into the fund under Subsection (2)(b):
3139
(i) to the legislative body of a county of the first class; and
3140
(ii) to fund parking facilities in a county of the first class that facilitate significant
3141
economic development and recreation and tourism within the state;
3142
(j) subject to Subsection (5), for a fiscal year beginning on or after July 1, 2021, and for
3143
15 years thereafter, to annually transfer the following amounts to the following cities
3144
and the county of the first class for priority projects to mitigate congestion and
3145
improve transportation safety:
3146
(i) $2,000,000 to Sandy;
3147
(ii) $2,300,000 to Taylorsville;
3148
(iii) $1,100,000 to Salt Lake City;
3149
(iv) $1,100,000 to West Jordan;
3150
(v) $1,100,000 to West Valley City;
3151
(vi) $800,000 to Herriman;
3152
(vii) $700,000 to Draper;
3153
(viii) $700,000 to Riverton;
3154
(ix) $700,000 to South Jordan;
3155
(x) $500,000 to Bluffdale;
3156
(xi) $500,000 to Midvale;
- 93 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
3157
(xii) $500,000 to Millcreek;
3158
(xiii) $500,000 to Murray;
3159
(xiv) $400,000 to Cottonwood Heights; and
3160
(xv) $300,000 to Holladay; and
3161
(k) for the 2024-25 and 2025-26 fiscal years, and subject to revenue balances after the
3162
distributions under Subsection (4)(j), to reimburse the following municipalities for
3163
the amounts and projects indicated, as each project progresses and as revenue
3164
balances allow:
3165
(i) $3,200,000 to South Jordan for improvements to Bingham Rim Road from
3166
Grandville Avenue to Mountain View Corridor;
3167
(ii) $1,960,000 to Midvale for improvements to Center Street between State Street
3168
and 700 West;
3169
(iii) $3,500,000 to Salt Lake City for first and last mile public transit improvements
3170
throughout Salt Lake City;
3171
(iv) $1,500,000 to Cottonwood Heights for improvements to Fort Union Boulevard
3172
and 2300 East;
3173
(v) $3,450,000 to Draper for improvements to Bangerter Highway between 13800
3174
South and I-15;
3175
(vi) $10,500,000 to Herriman to construct a road between U-111 and 13200 South;
3176
(vii) $3,000,000 to West Jordan for improvements to 1300 West;
3177
(viii) $1,050,000 to Riverton for improvements to the Welby Jacob Canal trail
3178
between 11800 South and 13800 South;
3179
(ix) $3,500,000 to Taylorsville for improvements to Bangerter Highway and 4700
3180
South;
3181
(x) $470,000 to the department for construction of a sound wall on Bangerter
3182
Highway at approximately 11200 South;
3183
(xi) $1,250,000 to Murray for improvements to Murray Boulevard between 4800
3184
South and 5300 South;
3185
[(xii) $1,450,000 to West Valley for construction of a road connecting 5400 South to
3186
U-111;]
3187
[(xiii)] (xii) $1,840,000 to Magna for construction and improvements to 8400 West
3188
and 4100 South;
3189
[(xiv)] (xiii) $1,000,000 to South Jordan for construction of arterial roads connecting
3190
U-111 and Old Bingham Highway;
- 94 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
3191
[(xv)] (xiv) $1,200,000 to Millcreek for reconstruction of and improvements to 2000
3192
East between 3300 South and Atkin Avenue;
3193
[(xvi)] (xv) $1,230,000 to Holladay for improvements to Highland Drive between
3194
Van Winkle Expressway and Arbor Lane;
3195
[(xvii)] (xvi) [$1,800,000 ] $3,250,000 to West Valley City for improvements to 4000
3196
West between 4100 South and 4700 South and improvements to 4700 South from
3197
4000 West to Bangerter Highway; and
3198
[(xviii)] (xvii) $1,000,000 to Taylorsville for improvements to 4700 South at the I-215
3199
interchange.
3200
(5)(a) If revenue in the fund is insufficient to satisfy all of the transfers described in
3201
Subsection (4)(j), the executive director shall proportionately reduce the amounts
3202
transferred as described in Subsection (4)(j).
3203
(b) A local government may not use revenue described in Subsection (4)(j) to supplant
3204
existing class B or class C road funds that a local government has budgeted for
3205
transportation projects.
3206
(6) The revenues described in Subsections (2)(b), (c), and (d) that are deposited into the
3207
fund and bond proceeds from bonds issued under Sections 63B-16-102, 63B-18-402,
3208
and 63B-27-102 are considered a local matching contribution for the purposes described
3209
under Section 72-2-123.
3210
(7) The department may expend up to $3,000,000 of revenue deposited into the account as
3211
described in Subsection 59-12-2220(11)(b) for public transit innovation grants, as
3212
provided in Part 3, Public Transit Innovation Grants.
3213
(8) The additional administrative costs of the department to administer this fund shall be
3214
paid from money in the fund.
3215
(9) Subject to Subsection (11), and notwithstanding any statutory or other restrictions on
3216
the use or expenditure of the revenue sources deposited into this fund, the Department of
3217
Transportation may use the money in this fund for any of the purposes detailed in
3218
Subsection (4).
3219
(10) Subject to Subsection (11), any revenue deposited into the fund as described in
3220
Subsection (2)(e) shall be used to provide funding or loans for public transit projects,
3221
operations, and supporting infrastructure in the county of the first class.
3222
(11) For the first three years after a county of the first class imposes a sales and use tax
3223
authorized in Section 59-12-2220, revenue deposited into the fund as described in
3224
Subsection (2)(e) shall be allocated as follows:
- 95 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
3225
(a) 10% to the department to construct an express bus facility on 5600 West; and
3226
(b) 90% into the County of the First Class Infrastructure Bank Fund created in Section
3227
72-2-302.
3228
Section 30. Section 72-2-121.3 is amended to read:
3229
72-2-121.3 (Effective 05/07/25). Special revenue fund -- 2010 Salt Lake County
3230
Revenue Bond Sinking Fund.
3231
(1) There is created a special revenue fund within the County of the First Class Highway
3232
Projects Fund entitled "2010 Salt Lake County Revenue Bond Sinking Fund."
3233
(2) The fund consists of:
3234
(a) money transferred into the fund from the County of the First Class Highway Projects
3235
Fund in accordance with Subsection 72-2-121(4)(d); and
3236
(b) for a fiscal year beginning on or after July 1, 2013, money transferred into the fund
3237
from the Transportation Investment Fund of 2005 in accordance with Subsection [
3238
72-2-124(4)(a)(iv)] 72-2-124(4)(a)(v).
3239
(3)(a) The fund shall earn interest.
3240
(b) All interest earned on fund money shall be deposited into the fund.
3241
(4)(a) The director of the Division of Finance may use fund money only as provided in
3242
this section.
3243
(b) The director of the Division of Finance may not distribute any money from the fund
3244
under this section until the director has received a formal opinion from the attorney
3245
general that Salt Lake County has entered into a binding agreement with the state of
3246
Utah containing all of the terms required by Section 72-2-121.4.
3247
(c) Except as provided in Subsection (4)(b), and until the bonds issued by Salt Lake
3248
County as provided in the interlocal agreement required by Section 72-2-121.4 are
3249
paid off, on July 1 of each year beginning July 1, 2011, the director of the Division of
3250
Finance shall transfer from the County of the First Class Highway Projects Fund and
3251
the Transportation Investment Fund of 2005 to the 2010 Salt Lake County Revenue
3252
Bond Sinking Fund the amount certified by Salt Lake County that is necessary to pay:
3253
(i) up to two times the debt service requirement necessary to pay debt service on the
3254
revenue bonds issued by Salt Lake County for that fiscal year; and
3255
(ii) any additional amounts necessary to pay costs of issuance, pay capitalized
3256
interest, and fund any debt service reserve requirements.
3257
(d) Except as provided in Subsection (4)(b), and until the bonds issued by Salt Lake
3258
County as provided in the interlocal agreement required by Section 72-2-121.4 are
- 96 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
3259
paid off, the director of the Division of Finance shall, upon request from Salt Lake
3260
County, transfer to Salt Lake County or its designee from the 2010 Salt Lake County
3261
Revenue Bond Sinking Fund the amount certified by Salt Lake County as necessary
3262
to pay:
3263
(i) the debt service on the revenue bonds issued by Salt Lake County as provided in
3264
the interlocal agreement required by Section 72-2-121.4; and
3265
(ii) any additional amounts necessary to pay costs of issuance, pay capitalized
3266
interest, and fund any debt service reserve requirements.
3267
(5) Any money remaining in the 2010 Salt Lake County Revenue Bond Sinking Fund at the
3268
end of the fiscal year lapses to the County of the First Class Highway Projects Fund.
3269
Section 31. Section 72-2-123 is amended to read:
3270
72-2-123 (Effective 05/07/25). Rules adopting guidelines -- Partnering to finance
3271
state highway capacity improvements -- Partnering proposals.
3272
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3273
commission, in consultation with representatives of local government, shall make rules
3274
adopting guidelines for partnering with counties and municipalities for their help to
3275
finance state highway improvement projects through:
3276
(a) local matching dollars;
3277
(b) agreements regarding new revenue a county or municipality expects will be
3278
generated as a result of the construction of a state highway improvement project; or
3279
(c) other local participation methods.
3280
(2) The guidelines described in Subsection (1) shall encourage partnering to help finance
3281
state highway improvement projects and provide for:
3282
(a) the consideration of factors relevant to a decision to make a program adjustment
3283
including the potential to:
3284
(i) extend department resources to other needed projects;
3285
(ii) alleviate significant existing or future congestion or hazards to the traveling
3286
public; and
3287
(iii) address a need that is widely recognized by the public, elected officials, and
3288
transportation planners;
3289
(b) a process for submitting, evaluating, and hearing partnering proposals; and
3290
(c) the creation of a public record of each proposal from initial submission to final
3291
disposition.
3292
(3) The commission shall submit the proposed rules under this section to [a committee or
- 97 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
3293
task force designated by the Legislative Management Committee] the Transportation
3294
Interim Committee for review prior to taking final action on the proposed rules or any
3295
proposed amendment to the rules.
3296
Section 32. Section 72-2-124 is amended to read:
3297
72-2-124 (Effective 05/07/25). Transportation Investment Fund of 2005.
3298
(1) There is created a capital projects fund entitled the Transportation Investment Fund of
3299
2005.
3300
(2) The fund consists of money generated from the following sources:
3301
(a) any voluntary contributions received for the maintenance, construction,
3302
reconstruction, or renovation of state and federal highways;
3303
(b) appropriations made to the fund by the Legislature;
3304
(c) registration fees designated under Section 41-1a-1201;
3305
(d) the sales and use tax revenues deposited into the fund in accordance with Section
3306
59-12-103; and
3307
(e) revenues transferred to the fund in accordance with Section 72-2-106.
3308
(3)(a) The fund shall earn interest.
3309
(b) All interest earned on fund money shall be deposited into the fund.
3310
(4)(a) Except as provided in Subsection (4)(b), the executive director may only use fund
3311
money to pay:
3312
(i) the costs of maintenance, construction, reconstruction, or renovation to state and
3313
federal highways prioritized by the Transportation Commission through the
3314
prioritization process for new transportation capacity projects adopted under
3315
Section 72-1-304;
3316
(ii) the costs of maintenance, construction, reconstruction, or renovation to the
3317
highway projects described in Subsections 63B-18-401(2), (3), and (4);
3318
(iii) subject to Subsection (9), costs of corridor preservation, as that term is defined in
3319
Section 72-5-401;
3320
[(iii)] (iv) principal, interest, and issuance costs of bonds authorized by Section
3321
63B-18-401 minus the costs paid from the County of the First Class Highway
3322
Projects Fund in accordance with Subsection 72-2-121(4)(e);
3323
[(iv)] (v) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010
3324
Salt Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the
3325
amount certified by Salt Lake County in accordance with Subsection 72-2-121.3
3326
(4)(c) as necessary to pay the debt service on $30,000,000 of the revenue bonds
- 98 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
3327
issued by Salt Lake County;
3328
[(v)] (vi) principal, interest, and issuance costs of bonds authorized by Section
3329
63B-16-101 for projects prioritized in accordance with Section 72-2-125;
3330
[(vi) all highway general obligation bonds that are intended to be paid from revenues
3331
in the Centennial Highway Fund created by Section 72-2-118;]
3332
(vii) for fiscal year 2015-16 only, to transfer $25,000,000 to the County of the First
3333
Class Highway Projects Fund created in Section 72-2-121 to be used for the
3334
purposes described in Section 72-2-121;
3335
(viii) if a political subdivision provides a contribution equal to or greater than 40% of
3336
the costs needed for construction, reconstruction, or renovation of paved
3337
pedestrian or paved nonmotorized transportation for projects that:
3338
(A) mitigate traffic congestion on the state highway system;
3339
(B) are part of an active transportation plan approved by the department; and
3340
(C) are prioritized by the commission through the prioritization process for new
3341
transportation capacity projects adopted under Section 72-1-304;
3342
(ix) $705,000,000 for the costs of right-of-way acquisition, construction,
3343
reconstruction, or renovation of or improvement to the following projects:
3344
(A) the connector road between Main Street and 1600 North in the city of
3345
Vineyard;
3346
(B) Geneva Road from University Parkway to 1800 South;
3347
(C) the SR-97 interchange at 5600 South on I-15;
3348
(D) subject to Subsection (4)(c), two lanes on U-111 from Herriman Parkway to
3349
South Jordan Parkway;
3350
(E) widening I-15 between mileposts 10 and 13 and the interchange at milepost 11;
3351
(F) improvements to 1600 North in Orem from 1200 West to State Street;
3352
(G) widening I-15 between mileposts 6 and 8;
3353
(H) widening 1600 South from Main Street in the city of Spanish Fork to SR-51;
3354
(I) widening US 6 from Sheep Creek to Mill Fork between mileposts 195 and 197
3355
in Spanish Fork Canyon;
3356
(J) I-15 northbound between mileposts 43 and 56;
3357
(K) a passing lane on SR-132 between mileposts 41.1 and 43.7 between mileposts
3358
43 and 45.1;
3359
(L) east Zion SR-9 improvements;
3360
(M) Toquerville Parkway;
- 99 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
3361
(N) an environmental study on Foothill Boulevard in the city of Saratoga Springs;
3362
(O) using funds allocated in this Subsection (4)(a)(ix), and other sources of funds,
3363
for construction of an interchange on Bangerter Highway at 13400 South; and
3364
(P) an environmental impact study for Kimball Junction in Summit County; and
3365
(x) $28,000,000 as pass-through funds, to be distributed as necessary to pay project
3366
costs based upon a statement of cash flow that the local jurisdiction where the
3367
project is located provides to the department demonstrating the need for money
3368
for the project, for the following projects in the following amounts:
3369
(A) $5,000,000 for Payson Main Street repair and replacement;
3370
(B) $8,000,000 for a Bluffdale 14600 South railroad bypass;
3371
(C) $5,000,000 for improvements to 4700 South in Taylorsville; and
3372
(D) $10,000,000 for improvements to the west side frontage roads adjacent to U.S.
3373
40 between mile markers 7 and 10.
3374
(b) The executive director may use fund money to exchange for an equal or greater
3375
amount of federal transportation funds to be used as provided in Subsection (4)(a).
3376
(c)(i) Construction related to the project described in Subsection (4)(a)(ix)(D) may
3377
not commence until a right-of-way not owned by a federal agency that is required
3378
for the realignment and extension of U-111, as described in the department's 2023
3379
environmental study related to the project, is dedicated to the department.
3380
(ii) Notwithstanding Subsection (4)(c)(i), if a right-of-way is not dedicated for the
3381
project as described in Subsection (4)(c)(i) on or before October 1, 2024, the
3382
department may proceed with the project, except that the project will be limited to
3383
two lanes on U-111 from Herriman Parkway to 11800 South.
3384
(5)(a) Except as provided in Subsection (5)(b), if the department receives a notice of
3385
ineligibility for a municipality as described in Subsection 10-9a-408(7), the executive
3386
director may not program fund money to a project prioritized by the commission
3387
under Section 72-1-304, including fund money from the Transit Transportation
3388
Investment Fund, within the boundaries of the municipality until the department
3389
receives notification from the Housing and Community Development Division within
3390
the Department of Workforce Services that ineligibility under this Subsection (5) no
3391
longer applies to the municipality.
3392
(b) Within the boundaries of a municipality described in Subsection (5)(a), the executive
3393
director:
3394
(i) may program fund money in accordance with Subsection (4)(a) for a
- 100 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
3395
limited-access facility or interchange connecting limited-access facilities;
3396
(ii) may not program fund money for the construction, reconstruction, or renovation
3397
of an interchange on a limited-access facility;
3398
(iii) may program Transit Transportation Investment Fund money for a
3399
multi-community fixed guideway public transportation project; and
3400
(iv) may not program Transit Transportation Investment Fund money for the
3401
construction, reconstruction, or renovation of a station that is part of a fixed
3402
guideway public transportation project.
3403
(c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive
3404
director before July 1, 2022, for projects prioritized by the commission under Section
3405
72-1-304.
3406
(6)(a) Except as provided in Subsection (6)(b), if the department receives a notice of
3407
ineligibility for a county as described in Subsection 17-27a-408(7), the executive
3408
director may not program fund money to a project prioritized by the commission
3409
under Section 72-1-304, including fund money from the Transit Transportation
3410
Investment Fund, within the boundaries of the unincorporated area of the county until
3411
the department receives notification from the Housing and Community Development
3412
Division within the Department of Workforce Services that ineligibility under this
3413
Subsection (6) no longer applies to the county.
3414
(b) Within the boundaries of the unincorporated area of a county described in Subsection
3415
(6)(a), the executive director:
3416
(i) may program fund money in accordance with Subsection (4)(a) for a
3417
limited-access facility to a project prioritized by the commission under Section
3418
72-1-304;
3419
(ii) may not program fund money for the construction, reconstruction, or renovation
3420
of an interchange on a limited-access facility;
3421
(iii) may program Transit Transportation Investment Fund money for a
3422
multi-community fixed guideway public transportation project; and
3423
(iv) may not program Transit Transportation Investment Fund money for the
3424
construction, reconstruction, or renovation of a station that is part of a fixed
3425
guideway public transportation project.
3426
(c) Subsections (6)(a) and (b) do not apply to a project programmed by the executive
3427
director before July 1, 2022, for projects prioritized by the commission under Section
3428
72-1-304.
- 101 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
3429
(7)(a) Before bonds authorized by Section 63B-18-401 or 63B-27-101 may be issued in
3430
any fiscal year, the department and the commission shall appear before the Executive
3431
Appropriations Committee of the Legislature and present the amount of bond
3432
proceeds that the department needs to provide funding for the projects identified in
3433
Subsections 63B-18-401(2), (3), and (4) or Subsection 63B-27-101(2) for the current
3434
or next fiscal year.
3435
(b) The Executive Appropriations Committee of the Legislature shall review and
3436
comment on the amount of bond proceeds needed to fund the projects.
3437
(8) The Division of Finance shall, from money deposited into the fund, transfer the amount
3438
of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
3439
Section 63B-18-401 or 63B-27-101 in the current fiscal year to the appropriate debt
3440
service or sinking fund.
3441
(9) The executive director may only use money in the fund for corridor preservation as
3442
described in Subsection (4)(a)(iii):
3443
(a) if the project has been prioritized by the commission, including the use of fund
3444
money for corridor preservation; or
3445
(b) for a project that has not been prioritized by the commission, if the commission:
3446
(i) approves the use of fund money for the corridor preservation; and
3447
(ii) finds that the use of fund money for corridor preservation will not result in any
3448
delay to a project that has been prioritized by the commission.
3449
[(9)] (10)(a) There is created in the Transportation Investment Fund of 2005 the Transit
3450
Transportation Investment Fund.
3451
(b) The fund shall be funded by:
3452
(i) contributions deposited into the fund in accordance with Section 59-12-103;
3453
(ii) appropriations into the account by the Legislature;
3454
(iii) deposits of sales and use tax increment related to a housing and transit
3455
reinvestment zone as described in Section 63N-3-610;
3456
(iv) transfers of local option sales and use tax revenue as described in Subsection
3457
59-12-2220(11)(b) or (c);
3458
(v) private contributions; and
3459
(vi) donations or grants from public or private entities.
3460
(c)(i) The fund shall earn interest.
3461
(ii) All interest earned on fund money shall be deposited into the fund.
3462
(d) Subject to Subsection [(9)(e)] (10)(e), the commission may prioritize money from the
- 102 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
3463
fund:
3464
(i) for public transit capital development of new capacity projects and fixed guideway
3465
capital development projects to be used as prioritized by the commission through
3466
the prioritization process adopted under Section 72-1-304;
3467
(ii) to the department for oversight of a fixed guideway capital development project
3468
for which the department has responsibility; or
3469
(iii) up to $500,000 per year, to be used for a public transit study.
3470
(e)(i) Subject to Subsections [(9)(g)] (10)(g), (h), and (i), the commission may only
3471
prioritize money from the fund for a public transit capital development project or
3472
pedestrian or nonmotorized transportation project that provides connection to the
3473
public transit system if the public transit district or political subdivision provides
3474
funds of equal to or greater than 30% of the costs needed for the project.
3475
(ii) A public transit district or political subdivision may use money derived from a
3476
loan granted pursuant to[ Title 72, Chapter 2,] Part 2, State Infrastructure Bank
3477
Fund, to provide all or part of the 30% requirement described in Subsection [
3478
(9)(e)(i)] (10)(e)(i) if:
3479
(A) the loan is approved by the commission as required in[ Title 72, Chapter 2,]
3480
Part 2, State Infrastructure Bank Fund; and
3481
(B) the proposed capital project has been prioritized by the commission pursuant
3482
to Section 72-1-303.
3483
(f) Before July 1, 2022, the department and a large public transit district shall enter into
3484
an agreement for a large public transit district to pay the department $5,000,000 per
3485
year for 15 years to be used to facilitate the purchase of zero emissions or low
3486
emissions rail engines and trainsets for regional public transit rail systems.
3487
(g) For any revenue transferred into the fund pursuant to Subsection 59-12-2220(11)(b):
3488
(i) the commission may prioritize money from the fund for public transit projects,
3489
operations, or maintenance within the county of the first class; and
3490
(ii) Subsection [(9)(e)] (10)(e) does not apply.
3491
(h) For any revenue transferred into the fund pursuant to Subsection 59-12-2220(11)(c):
3492
(i) the commission may prioritize public transit projects, operations, or maintenance
3493
in the county from which the revenue was generated; and
3494
(ii) Subsection [(9)(e)] (10)(e) does not apply.
3495
(i) The requirement to provide funds equal to or greater than 30% of the costs needed for
3496
the project described in Subsection [(9)(e)] (10)(e) does not apply to a public transit
- 103 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
3497
capital development project or pedestrian or nonmotorized transportation project that
3498
the department proposes.
3499
(j) In accordance with Part [3] 4, Public Transit Innovation Grants, the commission may
3500
prioritize money from the fund for public transit innovation grants, as defined in
3501
Section 72-2-401, for public transit capital development projects requested by a
3502
political subdivision within a public transit district.
3503
[(10)] (11)(a) There is created in the Transportation Investment Fund of 2005 the
3504
Cottonwood Canyons Transportation Investment Fund.
3505
(b) The fund shall be funded by:
3506
(i) money deposited into the fund in accordance with Section 59-12-103;
3507
(ii) appropriations into the account by the Legislature;
3508
(iii) private contributions; and
3509
(iv) donations or grants from public or private entities.
3510
(c)(i) The fund shall earn interest.
3511
(ii) All interest earned on fund money shall be deposited into the fund.
3512
(d) The Legislature may appropriate money from the fund for public transit or
3513
transportation projects in the Cottonwood Canyons of Salt Lake County.
3514
(e) The department may use up to 2% of the revenue deposited into the account under
3515
Subsection 59-12-103(7)(b) to contract with local governments as necessary for
3516
public safety enforcement related to the Cottonwood Canyons of Salt Lake County.
3517
[(11)] (12)(a) There is created in the Transportation Investment Fund of 2005 the Active
3518
Transportation Investment Fund.
3519
(b) The fund shall be funded by:
3520
(i) money deposited into the fund in accordance with Section 59-12-103;
3521
(ii) appropriations into the account by the Legislature; and
3522
(iii) donations or grants from public or private entities.
3523
(c)(i) The fund shall earn interest.
3524
(ii) All interest earned on fund money shall be deposited into the fund.
3525
(d) The executive director may only use fund money to pay the costs needed for:
3526
(i) the planning, design, construction, maintenance, reconstruction, or renovation of
3527
paved pedestrian or paved nonmotorized trail projects that:
3528
(A) are prioritized by the commission through the prioritization process for new
3529
transportation capacity projects adopted under Section 72-1-304;
3530
(B) serve a regional purpose; and
- 104 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
3531
(C) are part of an active transportation plan approved by the department or the
3532
plan described in Subsection [(11)(d)(ii)] (12)(d)(ii);
3533
(ii) the development of a plan for a statewide network of paved pedestrian or paved
3534
nonmotorized trails that serve a regional purpose; and
3535
(iii) the administration of the fund, including staff and overhead costs.
3536
[(12)] (13)(a) As used in this Subsection [(12)] (13), "commuter rail" means the same as
3537
that term is defined in Section 63N-3-602.
3538
(b) There is created in the Transit Transportation Investment Fund the Commuter Rail
3539
Subaccount.
3540
(c) The subaccount shall be funded by:
3541
(i) contributions deposited into the subaccount in accordance with Section 59-12-103;
3542
(ii) appropriations into the subaccount by the Legislature;
3543
(iii) private contributions; and
3544
(iv) donations or grants from public or private entities.
3545
(d)(i) The subaccount shall earn interest.
3546
(ii) All interest earned on money in the subaccount shall be deposited into the
3547
subaccount.
3548
(e) As prioritized by the commission through the prioritization process adopted under
3549
Section 72-1-304 or as directed by the Legislature, the department may only use
3550
money from the subaccount for projects that improve the state's commuter rail
3551
infrastructure, including the building or improvement of grade-separated crossings
3552
between commuter rail lines and public highways.
3553
(f) Appropriations made in accordance with this section are nonlapsing in accordance
3554
with Section 63J-1-602.1.
3555
Section 33. Section 72-2-303 is amended to read:
3556
72-2-303 (Effective 05/07/25). Loans and assistance -- Authority -- Rulemaking.
3557
(1) Money in the fund may be used by the department, as prioritized by the commission or
3558
as directed by the Legislature, to make infrastructure loans or to provide infrastructure
3559
assistance to any public entity for any purpose consistent with any applicable
3560
constitutional limitation.
3561
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3562
commission shall make rules providing procedures and standards for making
3563
infrastructure loans and providing infrastructure assistance and a process for
3564
prioritization of requests for loans and assistance.
- 105 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
3565
(3) The prioritization process, procedures, and standards for making an infrastructure loan
3566
or providing infrastructure assistance may include consideration of the following:
3567
(a) availability of money in the fund;
3568
(b) credit worthiness of the project;
3569
(c) demonstration that the project will encourage, enhance, or create economic benefits
3570
to the state or political subdivision;
3571
(d) likelihood that assistance would enable the project to proceed at an earlier date than
3572
would otherwise be possible;
3573
(e) the extent to which assistance would foster innovative public-private partnerships
3574
and attract private debt or equity investment;
3575
(f) demonstration that the project provides a benefit to the state highway system,
3576
including safety or mobility improvements;
3577
(g) the amount of proposed assistance as a percentage of the overall project costs with
3578
emphasis on local and private participation;
3579
(h) demonstration that the project provides intermodal connectivity with public
3580
transportation, pedestrian, or nonmotorized transportation facilities;[ and]
3581
(i) improvement of transportation connectivity pursuant to Section 10-8-87; and
3582
[(i)] (j) other provisions the commission considers appropriate.
3583
Section 34. Section 72-2-402 is amended to read:
3584
72-2-402 (Effective 05/07/25). Public transit innovation grant funding sources.
3585
(1) In accordance with Section 72-2-403, the commission, in coordination with the
3586
department, may rank, prioritize, and provide public transit innovation grants with
3587
money derived from the following sources:
3588
(a) certain local option sales and use tax revenue as described in Subsection 59-12-2219
3589
(11)(b); and
3590
(b) revenue deposited in accordance with Subsection 59-12-2220(11) into the County of
3591
the First Class Highway Projects Fund created in Section 72-2-121.
3592
(2) In accordance with Section 72-2-124, the department may rank and prioritize public
3593
transit innovation grants for capital development to the commission, to be funded with
3594
money derived from the Transit Transportation Investment Fund as described in
3595
Subsection [72-2-124(9)] 72-2-124(10).
3596
(3) Administrative costs of the department to administer public transit innovation grants
3597
under this part shall be paid from the funds described in Subsection (1)(a).
3598
Section 35. Section 72-3-109 is amended to read:
- 106 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
3599
72-3-109 (Effective 05/07/25). Division of responsibility with respect to state
3600
highways in cities and towns.
3601
(1) Except as provided in Subsection (3), the jurisdiction and responsibility of the
3602
department and the municipalities for state highways within municipalities is as follows:
3603
(a) The department has jurisdiction over and is responsible for the construction and
3604
maintenance of:
3605
(i) the portion of the state highway located between the back of the curb on either
3606
side of the state highway; or
3607
(ii) if there is no curb, the traveled way, its contiguous shoulders, and appurtenances.
3608
(b) The department may widen or improve state highways within municipalities.
3609
(c)(i) A municipality has jurisdiction over all other portions of the right-of-way and is
3610
responsible for construction and maintenance of the right-of-way.
3611
(ii) If a municipality grants permission for the installation of any pole, pipeline,
3612
conduit, sewer, ditch, culvert, billboard, advertising sign, or any other structure or
3613
object of any kind or character within the portion of the right-of-way under its
3614
jurisdiction:
3615
(A) the permission shall contain the condition that any installation will be
3616
removed from the right-of-way at the request of the municipality; and
3617
(B) the municipality shall cause any installation to be removed at the request of
3618
the department when the department finds the removal necessary:
3619
(I) to eliminate a hazard to traffic safety;
3620
(II) for the construction and maintenance of the state highway; or
3621
(III) to meet the requirements of federal regulations.
3622
(iii) Except as provided in Subsection (1)(h), a municipality may not install or grant
3623
permission for the installation of any pole, pipeline, conduit, sewer, ditch, culvert,
3624
billboard, advertising sign, or any other structure or object of any kind or
3625
character within the portion of the state highway right-of-way under its
3626
jurisdiction without the prior written approval of the department.
3627
(iv) The department may, by written agreement with a municipality, waive the
3628
requirement of its approval under Subsection (1)(c)(iii) for certain types and
3629
categories of installations.
3630
(d) If it is necessary that a utility, as defined in Section 72-6-116, be relocated,
3631
reimbursement shall be made for the relocation as provided for in Section 72-6-116.
3632
(e)(i) The department shall construct curbs, gutters, and sidewalks on the state
- 107 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
3633
highways if necessary for the proper control of traffic, driveway entrances, or
3634
drainage.
3635
(ii) If a state highway is widened or altered and existing curbs, gutters, or sidewalks
3636
are removed, the department shall replace the curbs, gutters, or sidewalks.
3637
(f)(i) The department may furnish and install street lighting systems for state
3638
highways[, but their operation and maintenance is the responsibility of the
3639
municipality].
3640
(ii) (ii) The municipality is responsible for the operation and maintenance of a street
3641
lighting system furnished and installed by the department, except that the
3642
department shall operate and maintain street lighting that the department furnishes
3643
and installs:
3644
(A) along an interstate highway; or
3645
(B) at a signalized intersection that includes a state highway.
3646
(iii) Notwithstanding Subsection (1)(f)(ii)(B), the municipality is responsible for the
3647
installation costs, operation, and maintenance of decorative lighting installed at
3648
the request of a municipality.
3649
(g) If new storm sewer facilities are necessary in the construction and maintenance of
3650
the state highways, the cost of the storm sewer facilities shall be borne by the state
3651
and the municipality in a proportion mutually agreed upon between the department
3652
and the municipality.
3653
(h)(i) For a portion of a state highway right-of-way for which a municipality has
3654
jurisdiction, and upon request of the municipality, the department shall grant
3655
permission for the municipality to issue permits within the state highway
3656
right-of-way, provided that:
3657
(A) the municipality gives the department seven calendar days to review and
3658
provide comments on the permit; and
3659
(B) upon the request of the department, the municipality incorporates changes to
3660
the permit as jointly agreed upon by the municipality and the department.
3661
(ii) If the department fails to provide a response as described in Subsection (1)(h)(i)
3662
within seven calendar days, the municipality may issue the permit.
3663
(2)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3664
the department shall make rules governing the location and construction of approach
3665
roads and driveways entering the state highway. The rules shall:
3666
(i) include criteria for the design, location, and spacing of approach roads and
- 108 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
3667
driveways based on the functional classification of the adjacent highway,
3668
including the urban or rural nature of the area;
3669
(ii) be consistent with the "Manual on Uniform Traffic Control Devices" and the
3670
model access management policy or ordinance developed by the department under
3671
Subsection 72-2-117(8);
3672
(iii) include procedures for:
3673
(A) the application and review of a permit for approach roads and driveways
3674
including review of related site plans that have been recommended according
3675
to local ordinances; and
3676
(B) approving, modifying, denying, or appealing the modification or denial of a
3677
permit for approach roads and driveways within 45 days of receipt of the
3678
application; and
3679
(iv) require written justifications for modifying or denying a permit.
3680
(b) The department may delegate the administration of the rules to the highway
3681
authorities of a municipality.
3682
(c) In accordance with this section and Section 72-7-104, an approach road or driveway
3683
may not be constructed on a state highway without a permit issued under this section.
3684
(3) The department has jurisdiction and control over the entire right-of-way of interstate
3685
highways within municipalities and is responsible for the construction, maintenance, and
3686
regulation of the interstate highways within municipalities.
3687
Section 36. Section 72-6-118 is amended to read:
3688
72-6-118 (Effective 05/07/25). Definitions -- Establishment and operation of
3689
tollways -- Imposition and collection of tolls -- Amount of tolls -- Rulemaking.
3690
(1) As used in this section:
3691
(a) "High occupancy toll lane" means a high occupancy vehicle lane designated under
3692
Section 41-6a-702 that may be used by an operator of a vehicle carrying less than the
3693
number of persons specified for the high occupancy vehicle lane if the operator of the
3694
vehicle pays a toll or fee.
3695
(b) "Toll" means any tax, fee, or charge assessed for the specific use of a tollway.
3696
(c) "Toll lane" means a designated new highway or additional lane capacity that is
3697
constructed, operated, or maintained for which a toll is charged for its use.
3698
(d)(i) "Tollway" means a highway, highway lane, bridge, path, tunnel, or
3699
right-of-way designed and used as a transportation route that is constructed,
3700
operated, or maintained through the use of toll revenues.
- 109 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
3701
(ii) "Tollway" includes a high occupancy toll lane and a toll lane.
3702
(e) "Tollway development agreement" has the same meaning as defined in Section
3703
72-6-202.
3704
(2) Subject to the provisions of Subsection (3), the department may:
3705
(a) establish, expand, and operate tollways and related facilities for the purpose of
3706
funding in whole or in part the acquisition of right-of-way and the design,
3707
construction, reconstruction, operation, enforcement, and maintenance of or impacts
3708
from a transportation route for use by the public;
3709
(b) enter into contracts, agreements, licenses, franchises, tollway development
3710
agreements, or other arrangements to implement this section;
3711
(c) impose and collect tolls on any tollway established under this section, including
3712
collection of past due payment of a toll or penalty;
3713
(d) grant exclusive or nonexclusive rights to a private entity to impose and collect tolls
3714
pursuant to the terms and conditions of a tollway development agreement;
3715
(e) use technology to automatically monitor a tollway and collect payment of a toll,
3716
including:
3717
(i) license plate reading technology; and
3718
(ii) photographic or video recording technology; and
3719
(f) in accordance with Subsection (5), request that the Division of Motor Vehicles deny
3720
a request for registration of a motor vehicle if the motor vehicle owner has failed to
3721
pay a toll or penalty imposed for usage of a tollway involving the motor vehicle for
3722
which registration renewal has been requested.
3723
(3)(a) The department may establish or operate a tollway on an existing highway if
3724
approved by the commission in accordance with the terms of this section.
3725
(b) To establish a tollway on an existing highway, the department shall submit a
3726
proposal to the commission including:
3727
(i) a description of the tollway project;
3728
(ii) projected traffic on the tollway;
3729
(iii) the anticipated amount of the toll to be charged; and
3730
(iv) projected toll revenue.
3731
(4)(a) For a tollway established under this section, the department may:
3732
(i) according to the terms of each tollway, impose the toll upon the owner of a motor
3733
vehicle using the tollway according to the terms of the tollway;
3734
(ii) send [correspondence] notice to the owner of the motor vehicle to inform the
- 110 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
3735
owner of:
3736
(A) an unpaid toll and the amount of the toll to be paid to the department;
3737
(B) the penalty for failure to pay the toll timely;[ and]
3738
(C) [a] any hold being placed on the owner's registration for the motor vehicle if
3739
the toll and penalty are not paid timely, which would prevent the renewal of the
3740
motor vehicle's registration; and
3741
(D) any other information required by the terms of the tollway;
3742
(iii) require that the owner of the motor vehicle pay the toll to the department within
3743
30 days of the date when the department sends written notice of the toll to the
3744
owner; and
3745
(iv) impose a penalty for failure to pay a toll timely.
3746
(b) The department shall [mail the correspondence and ] provide the notice described in
3747
Subsection (4)(a) to the owner of the motor vehicle according to the terms of a
3748
tollway.
3749
(5)(a) The Division of Motor Vehicles and the department shall share and provide access
3750
to information pertaining to a motor vehicle and tollway enforcement including:
3751
(i) registration and ownership information pertaining to a motor vehicle;
3752
(ii) information regarding the failure of a motor vehicle owner to timely pay a toll or
3753
penalty imposed under this section; and
3754
(iii) the status of a request for a hold on the registration of a motor vehicle.
3755
(b) If the department requests a hold on the registration in accordance with this section,
3756
the Division of Motor Vehicles may not renew the registration of a motor vehicle
3757
under Title 41, Chapter 1a, Part 2, Registration, if the owner of the motor vehicle has
3758
failed to pay a toll or penalty imposed under this section for usage of a tollway
3759
involving the motor vehicle for which registration renewal has been requested until
3760
the department withdraws the hold request.
3761
(6)(a) Except as provided in Subsection (6)(b), in accordance with Title 63G, Chapter 3,
3762
Utah Administrative Rulemaking Act, the commission shall:
3763
(i) set the amount of any toll imposed or collected on a tollway on a state highway;
3764
and
3765
(ii) for tolls established under Subsection (6)(b), set:
3766
(A) an increase in a toll rate or user fee above an increase specified in a tollway
3767
development agreement; or
3768
(B) an increase in a toll rate or user fee above a maximum toll rate specified in a
- 111 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
3769
tollway development agreement.
3770
(b) A toll or user fee and an increase to a toll or user fee imposed or collected on a
3771
tollway on a state highway that is the subject of a tollway development agreement
3772
shall be set in the tollway development agreement.
3773
(7)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3774
the department shall make rules:
3775
(i) necessary to establish and operate tollways on state highways;
3776
(ii) that establish standards and specifications for automatic tolling systems and
3777
automatic tollway monitoring technology; and
3778
(iii) to set the amount of a penalty for failure to pay a toll under this section.
3779
(b) The rules shall:
3780
(i) include minimum criteria for having a tollway; and
3781
(ii) conform to regional and national standards for automatic tolling.
3782
(8)(a) The commission may provide funds for public or private tollway pilot projects or
3783
high occupancy toll lanes from General Fund money appropriated by the Legislature
3784
to the commission for that purpose.
3785
(b) The commission may determine priorities and funding levels for tollways designated
3786
under this section.
3787
(9)(a) Except as provided in Subsection (9)(b), all revenue generated from a tollway on a
3788
state highway shall be deposited into the Tollway Special Revenue Fund created in
3789
Section 72-2-120 and used for any state transportation purpose.
3790
(b) Revenue generated from a tollway that is the subject of a tollway development
3791
agreement shall be deposited into the Tollway Special Revenue Fund and used in
3792
accordance with Subsection (9)(a) unless:
3793
(i) the revenue is to a private entity through the tollway development agreement; or
3794
(ii) the revenue is identified for a different purpose under the tollway development
3795
agreement.
3796
(10) Data described in Subsection (2)(e) obtained for the purposes of this section:
3797
(a) in accordance with Section 63G-2-305, is a protected record under Title 63G,
3798
Chapter 2, Government Records Access and Management Act, if the photographic or
3799
video data is maintained by a governmental entity;
3800
(b) may not be used or shared for any purpose other than the purposes described in this
3801
section;
3802
(c) may only be preserved:
- 112 - 02-24 08:02 4th Sub. (Pumpkin) S.B. 195
3803
(i) so long as necessary to collect the payment of a toll or penalty imposed in
3804
accordance with this section; or
3805
(ii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
3806
equivalent federal warrant; and
3807
(d) may only be disclosed:
3808
(i) in accordance with the disclosure requirements for a protected record under
3809
Section 63G-2-202; or
3810
(ii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
3811
equivalent federal warrant.
3812
(11)(a) The department may not sell for any purpose photographic or video data
3813
captured under Subsection (2)(e)(ii).
3814
(b) The department may not share captured photographic or video data for a purpose not
3815
authorized under this section.
3816
Section 37. Section 72-6-206 is amended to read:
3817
72-6-206 (Effective 05/07/25). Commission approval and legislative review of
3818
tollway development agreement provisions.
3819
(1) Prior to the department entering into a tollway development agreement under Section
3820
72-6-203, the department shall submit to the commission for approval the tollway
3821
development agreement, including:
3822
(a) a description of the tollway facility, including the conceptual design of the facility
3823
and all proposed interconnections with other transportation facilities;
3824
(b) the proposed date for development, operation, or both of the tollway facility;
3825
(c) the proposed term of the tollway development agreement;
3826
(d) the proposed method to determine toll rates or user fees, including:
3827
(i) identification of vehicle or user classifications, or both, for toll rates;
3828
(ii) the original proposed toll rate or user fee for the tollway facility;
3829
(iii) proposed toll rate or user fee increases; and
3830
(iv) a maximum toll rate or user fee for the tollway facility; and
3831
(e) any proposed revenue, public or private, or proposed debt or equity investment that
3832
will be used for the design, construction, financing, acquisition, maintenance, or
3833
operation of the tollway facility.
3834
(2) Prior to amending or modifying a tollway development agreement, the department shall
3835
submit the proposed amendment or modification to the commission for approval.
3836
(3) The department shall annually report to the Transportation Interim Committee [or
- 113 - 4th Sub. (Pumpkin) S.B. 195 02-24 08:02
3837
another committee designated by the Legislative Management Committee ]on the status
3838
and progress of a tollway subject to a tollway development agreement under Section
3839
72-6-203.
3840
Section 38. Section 72-10-109 is amended to read:
3841
72-10-109 (Effective 05/07/25). Certificate of registration of aircraft required --
3842
Exceptions.
3843
(1) Except as provided in Subsection (2), a person may not operate, pilot, or navigate, or
3844
cause or authorize to be operated, piloted, or navigated within this state any civil aircraft [
3845
operating] based in this state for 181 or more days within any consecutive 12-month
3846
period unless the aircraft has a current certificate of registration issued by the department.
3847
(2) The state registration requirement under Subsection (1) does not apply to:
3848
(a) aircraft licensed by a foreign country with which the United States has a reciprocal
3849
agreement covering the operations of the registered aircraft;
3850
(b) a non-passenger-carrying flight solely for inspection or test purposes authorized by
3851
the Federal Aviation Administration to be made without the certificate of registration;
3852
or
3853
(c) aircraft operating under 14 C.F.R. Part 121, with a maximum takeoff weight
3854
exceeding 35,000 pounds.
3855
(3) Beginning on January 1, 2025, a person may not operate in this state an unmanned
3856
aircraft system or an advanced air mobility aircraft for commercial operation for which
3857
certification is required under 14 C.F.R. Part 107 or 135 unless the aircraft has a current
3858
certificate of registration issued by the department.
3859
(4) The department shall, on or before December 31 of each calendar year, provide to the
3860
State Tax Commission a list of each aircraft for which a current certificate of registration
3861
is issued by the department under Subsection (1).
3862
Section 39. Repealer.
3863
This bill repeals:
3864
Section 63B-8-503, Highway intent language.
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Section 72-2-118, Centennial Highway Fund.
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Section 72-4-222, Governor Scott Matheson and Senator Jake Garn Rest Area.
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Section 40. FY 2026 Appropriations.
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The following sums of money are appropriated for the fiscal year beginning July 1,
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2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
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fiscal year 2026.
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Subsection 40(a). Capital Project Funds
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The Legislature has reviewed the following capital project funds. The Legislature
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authorizes the State Division of Finance to transfer amounts between funds and accounts as
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indicated.
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ITEM 1 To Transportation - Transportation Investment Fund of 2005
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From General Fund (330,000,000)
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Schedule of Programs:
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Transportation Investment Fund (330,000,000)
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Section 41. Effective Date.
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(1) Except as provided in Subsections (2) and (3), this bill takes effect May 7, 2025.
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(2) The actions affecting Section 72-2-121 take effect:
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(a) except as provided in Subsection (2)(b), May 7, 2025; or
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(b) if approved by two-thirds of all members elected to each house:
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(i) upon approval by the governor;
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(ii) without the governor's signature, the day following the constitutional time limit of
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Utah Constitution, Article VII, Section 8; or
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(iii) in the case of a veto, the date of veto override.
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(3) The actions affecting Section 59-12-103 (Effective 07/01/25) and Section 72-2-106
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(Effective 07/01/25) take effect on July 1, 2025.
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