Utah 2025 Regular Session

Utah Senate Bill SB0195 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy S.B. 195
	1	+	03-06 08:58 7th Sub. (Buff) S.B. 195
	2	+	Kay J. Christofferson proposes the following substitute bill:
2	3		1
3	4		Transportation Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Wayne A. Harper
7	8		House Sponsor: Kay J. Christofferson
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill amends provisions related to transportation items, transportation mobility plans,
16	17		6
17	18		and adherence to proposed phases of certain transportation developments.
18	19		7
19	20		Highlighted Provisions:
20	21		8
21	22		This bill:
22	23		9
23	24		▸ requires cities and metropolitan planning organizations to identify transportation
24	25		10
25	26		connectivity impediments and provide a report on plans to address transportation
26	27		11
27	28		connectivity;
28	29		12
29	30		▸ requires periodic reporting and follow up on certain station area plans;
30	31		13
31	32		▸ requires property acquired by the Department of Transportation for a public transit
32	33		14
33	34		purpose remain under the ownership of the Department of Transportation;
34	35		15
35	36		▸ designates certain legislative committees as recipients for certain required reports;
36	37		16
37	38		▸ creates requirements for air ambulance dispatch services;
38	39		17
39	40		▸ adjusts a sales and use tax earmark percentage to increase funding for transportation;
40	41		18
41	42		▸ extends a deadline for certain sales and use taxes to be allocated for public transit
42	43		19
43	44		innovation grants;
44	45		20
45	46		▸ reinstates certain funding to the Department of Transportation for litter mitigation that
46	47		21
47	48		was reduced due to the COVID-19 pandemic;
48	49		22
49	50		▸ requires the Department of Transportation to adhere to phasing of projects if required by
50	51		23
51	52		the environmental impact statement;
52	53		24
53	54		▸ repeals certain outdated language and makes other technical changes;
54	55		25
55	56		▸ allocates revenue for certain road projects;
56	57		26
57	58		▸ requires the Department of Transportation and Salt Lake City to coordinate on certain
58	59		27
59		-	traffic studies and planning; ~~S.B. 195 Enrolled Copy~~
	60	+	traffic studies and planning;
60	61		28
61	62		▸ repeals certain highway-related name designations;
	63	+	7th Sub. S.B. 195 7th Sub. (Buff) S.B. 195 03-06 08:58
62	64		29
63	65		▸ provides maintenance responsibilities for certain street light infrastructure; and
64	66		30
65	67		▸ makes other technical changes.
66	68		31
67	69		Money Appropriated in this Bill:
68	70		32
69	71		This bill appropriates ($330,000,000) in capital project funds for fiscal year 2026, all of
70	72		33
71	73		which is from the General Fund.
72	74		34
73	75		Other Special Clauses:
74	76		35
75	77		This bill provides a special effective date.
76	78		36
77	79		Utah Code Sections Affected:
78	80		37
79	81		AMENDS:
80	82		38
81	83		10-9a-403.1 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 219
82	84		39
83	85		17B-2a-824 (Effective 05/07/25), as enacted by Laws of Utah 2007, Chapter 329
84	86		40
85	87		41-6a-102 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 236
86	88		41
87	89		41-6a-1102 (Effective 05/07/25), as renumbered and amended by Laws of Utah 2005,
88	90		42
89	91		Chapter 2
90	92		43
91	93		41-6a-1116 (Effective 05/07/25), as last amended by Laws of Utah 2015, Chapter 412
92	94		44
93	95		41-6a-1642 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 459,
94	96		45
95	97		483
96	98		46
97	99		53-2a-1102 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapters 34,
98	100		47
99	101		471
100	102		48
101	103		53-2d-101 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 147,
102	104		49
103	105		438 and 506
104	106		50
105	107		59-12-103 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapters 88, 501
106	108		51
107	109		59-12-2212.2 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 498
108	110		52
109	111		59-12-2219 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 498
110	112		53
111	113		59-12-2220 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 498,
112	114		54
113	115		501
114	116		55
115	117		63B-11-502 (Effective 05/07/25), as last amended by Laws of Utah 2010, Chapter 263
116	118		56
117	119		63B-31-101 (Effective 05/07/25), as last amended by Laws of Utah 2021, First Special
118	120		57
119	121		Session, Chapter 8
120	122		58
121	123		63I-1-272 (Effective 05/07/25), as last amended by Laws of Utah 2024, Third Special
122	124		59
123	125		Session, Chapter 5
124	126		60
125	127		63J-3-103 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 77
126	128		61
127	129		72-1-201 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 517
128		-	- 2 - Enrolled Copy S.B. 195
129	130		62
130	131		72-1-212 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 524
	132	+	- 2 - 03-06 08:58 7th Sub. (Buff) S.B. 195
131	133		63
132	134		72-1-213.1 (Effective 05/07/25), as last amended by Laws of Utah 2022, Chapters 56,
133	135		64
134	136		259
135	137		65
136	138		72-1-217 (Effective upon governor's approval), as enacted by Laws of Utah 2023,
137	139		66
138	140		Chapter 366
139	141		67
140	142		72-1-303 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 498
141	143		68
142	144		72-1-304 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 517
143	145		69
144	146		72-1-305 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapters 22, 219
145	147		70
146	148		72-2-106 (Effective 07/01/25), as last amended by Laws of Utah 2023, Chapter 22
147	149		71
148	150		72-2-121 (Effective upon governor's approval), as last amended by Laws of Utah 2024,
149	151		72
150	152		Chapters 300, 498 and 501
151	153		73
152	154		72-2-121.3 (Effective 05/07/25), as last amended by Laws of Utah 2020, Chapter 366
153	155		74
154	156		72-2-123 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 22
155	157		75
156	158		72-2-124 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 498, 501
157	159		76
158	160		72-2-303 (Effective 05/07/25), as enacted by Laws of Utah 2024, Chapter 501
159	161		77
160	162		72-2-401 (Effective 05/07/25), as enacted by Laws of Utah 2024, Chapter 498
161	163		78
162	164		72-2-402 (Effective 05/07/25), as enacted by Laws of Utah 2024, Chapter 498
163	165		79
164	166		72-2-403 (Effective 05/07/25), as enacted by Laws of Utah 2024, Chapter 498
165	167		80
166	168		72-3-109 (Effective 05/07/25), as last amended by Laws of Utah 2018, Chapter 403
167	169		81
168	170		72-6-118 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 517
169	171		82
170	172		72-6-206 (Effective 05/07/25), as last amended by Laws of Utah 2016, Chapter 222
171	173		83
172	174		72-10-109 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 483,
173	175		84
174	176		485
175	177		85
176	178		ENACTS:
177	179		86
178	180		10-8-87 (Effective 05/07/25), Utah Code Annotated 1953
179	181		87
180	182		41-6a-1121 (Effective 05/07/25), Utah Code Annotated 1953
181	183		88
182	184		41-6a-1122 (Effective 05/07/25), Utah Code Annotated 1953
183	185		89
184	186		53-2d-517 (Effective 05/07/25), Utah Code Annotated 1953
185	187		90
186	188		REPEALS:
187	189		91
188	190		63B-8-503 (Effective 05/07/25), as enacted by Laws of Utah 1999, Chapter 331
189	191		92
190	192		72-2-118 (Effective 05/07/25), as last amended by Laws of Utah 2018, Chapter 281
191	193		93
192	194		72-4-222 (Effective 05/07/25), as enacted by Laws of Utah 2024, Chapter 435
193	195		94
194	196
195	197		95
196	198		Be it enacted by the Legislature of the state of Utah:
197		-	- 3 - S.B. 195 Enrolled Copy
198	199		96
199	200		Section 1. Section 10-8-87 is enacted to read:
	201	+	- 3 - 7th Sub. (Buff) S.B. 195 03-06 08:58
200	202		97
201	203		10-8-87 (Effective 05/07/25). Transportation connectivity plan -- Reporting.
202	204		98
203	205		(1) On or before July 1, 2027, a municipality within a metropolitan planning organization
204	206		99
205	207		boundary shall, in consultation with relevant stakeholders, update the transportation and
206	208		100
207	209		traffic circulation element of the municipality's general plan as described in Subsection
208	210		101
209	211		10-9a-403(2)(a)(ii) to identify priority connections to remedy physical impediments,
210	212		102
211	213		including water conveyances, that would improve circulation and enhance vehicle,
212	214		103
213	215		transit, bicycle, or pedestrian access to significant economic, educational, recreational,
214	216		104
215	217		and other priority destinations.
216	218		105
217	219		(2) For a priority connection identified pursuant to Subsection (1), a municipality shall
218	220		106
219	221		identify:
220	222		107
221	223		(a) cost estimates;
222	224		108
223	225		(b) potential funding sources, including state, local, federal, and private funding; and
224	226		109
225	227		(c) impediments to constructing the connections.
226	228		110
227	229		(3)(a) A metropolitan planning organization, in consultation with each affected
228	230		111
229	231		municipality, shall report to the Transportation Interim Committee regarding:
230	232		112
231	233		(i) the status of the required municipal modifications to general plans required by
232	234		113
233	235		Subsection (2);
234	236		114
235	237		(ii) the status of a regional roadway grid network study;
236	238		115
237	239		(iii) physical and other impediments to constructing priority transportation
238	240		116
239	241		connections; and
240	242		117
241	243		(iv) potential funding sources, including state, local, federal, and private funding, to
242	244		118
243	245		make transportation connectivity improvements.
244	246		119
245	247		(b) The metropolitan planning organization shall provide the report described in
246	248		120
247	249		Subsection (3)(a) on or before November 1 of 2025, 2026, and 2027.
248	250		121
249	251		(4) Enhancement of transportation connectivity as described in Subsection (1) shall be
250	252		122
251	253		given consideration in the prioritization processes described in Sections 72-1-304 and
252	254		123
253	255		72-2-302.
254	256		124
255	257		Section 2. Section 10-9a-403.1 is amended to read:
256	258		125
257	259		10-9a-403.1 (Effective 05/07/25). Station area plan requirements -- Contents --
258	260		126
259	261		Review and certification by applicable metropolitan planning organization.
260	262		127
261	263		(1) As used in this section:
262	264		128
263	265		(a) "Applicable metropolitan planning organization" means the metropolitan planning
264	266		129
265	267		organization that has jurisdiction over the area in which a fixed guideway public
266		-	- 4 - Enrolled Copy S.B. 195
267	268		130
268	269		transit station is located.
	270	+	- 4 - 03-06 08:58 7th Sub. (Buff) S.B. 195
269	271		131
270	272		(b) "Applicable public transit district" means the public transit district, as defined in
271	273		132
272	274		Section 17B-2a-802, of which a fixed guideway public transit station is included.
273	275		133
274	276		(c) "Existing fixed guideway public transit station" means a fixed guideway public
275	277		134
276	278		transit station for which construction begins before June 1, 2022.
277	279		135
278	280		(d) "Fixed guideway" means the same as that term is defined in Section 59-12-102.
279	281		136
280	282		(e) "Metropolitan planning organization" means an organization established under 23
281	283		137
282	284		U.S.C. Sec. 134.
283	285		138
284	286		(f) "New fixed guideway public transit station" means a fixed guideway public transit
285	287		139
286	288		station for which construction begins on or after June 1, 2022.
287	289		140
288	290		(g) "Qualifying land use petition" means a petition:
289	291		141
290	292		(i) that involves land located within a station area for an existing public transit station
291	293		142
292	294		that provides rail services;
293	295		143
294	296		(ii) that involves land located within a station area for which the municipality has not
295	297		144
296	298		yet satisfied the requirements of Subsection (2)(a);
297	299		145
298	300		(iii) that proposes the development of an area greater than five contiguous acres, with
299	301		146
300	302		no less than 51% of the acreage within the station area;
301	303		147
302	304		(iv) that would require the municipality to amend the municipality's general plan or
303	305		148
304	306		change a zoning designation for the land use application to be approved;
305	307		149
306	308		(v) that would require a higher density than the density currently allowed by the
307	309		150
308	310		municipality;
309	311		151
310	312		(vi) that proposes the construction of new residential units, at least 10% of which are
311	313		152
312	314		dedicated to moderate income housing; and
313	315		153
314	316		(vii) for which the land use applicant requests the municipality to initiate the process
315	317		154
316	318		of satisfying the requirements of Subsection (2)(a) for the station area in which the
317	319		155
318	320		development is proposed, subject to Subsection (3)(d).
319	321		156
320	322		(h)(i) "Station area" means:
321	323		157
322	324		(A) for a fixed guideway public transit station that provides rail services, the area
323	325		158
324	326		within a one-half mile radius of the center of the fixed guideway public transit
325	327		159
326	328		station platform; or
327	329		160
328	330		(B) for a fixed guideway public transit station that provides bus services only, the
329	331		161
330	332		area within a one-fourth mile radius of the center of the fixed guideway public
331	333		162
332	334		transit station platform.
333	335		163
334	336		(ii) "Station area" includes any parcel bisected by the radius limitation described in
335		-	- 5 - S.B. 195 Enrolled Copy
336	337		164
337	338		Subsection (1)(h)(i)(A) or (B).
	339	+	- 5 - 7th Sub. (Buff) S.B. 195 03-06 08:58
338	340		165
339	341		(i) "Station area plan" means a plan that:
340	342		166
341	343		(i) establishes a vision, and the actions needed to implement that vision, for the
342	344		167
343	345		development of land within a station area; and
344	346		168
345	347		(ii) is developed and adopted in accordance with this section.
346	348		169
347	349		(2)(a) Subject to the requirements of this section, a municipality that has a fixed
348	350		170
349	351		guideway public transit station located within the municipality's boundaries shall, for
350	352		171
351	353		the station area:
352	354		172
353	355		(i) develop and adopt a station area plan; and
354	356		173
355	357		(ii) adopt any appropriate land use regulations to implement the station area plan.
356	358		174
357	359		(b) The requirements of Subsection (2)(a) shall be considered satisfied if:
358	360		175
359	361		(i)(A) the municipality has already adopted plans or ordinances, approved land use
360	362		176
361	363		applications, approved agreements or financing, or investments have been
362	364		177
363	365		made, before June 1, 2022, that substantially promote each of the objectives in
364	366		178
365	367		Subsection (7)(a) within the station area, and can demonstrate that such plans,
366	368		179
367	369		ordinances, approved land use applications, approved agreements or financing,
368	370		180
369	371		or investments are still relevant to making meaningful progress towards
370	372		181
371	373		achieving such objectives; and
372	374		182
373	375		(B) the municipality adopts a resolution finding that the objectives of Subsection
374	376		183
375	377		(7)(a) have been substantially promoted.
376	378		184
377	379		(ii)(A) the municipality has determined that conditions exist that make satisfying a
378	380		185
379	381		portion or all of the requirements of Subsection (2)(a) for a station area
380	382		186
381	383		impracticable, including conditions that relate to existing development,
382	384		187
383	385		entitlements, land ownership, land uses that make opportunities for new
384	386		188
385	387		development and long-term redevelopment infeasible, environmental
386	388		189
387	389		limitations, market readiness, development impediment conditions, or other
388	390		190
389	391		similar conditions; and
390	392		191
391	393		(B) the municipality adopts a resolution describing the conditions that exist to
392	394		192
393	395		make satisfying the requirements of Subsection (2)(a) impracticable.
394	396		193
395	397		(c) To the extent that previous actions by a municipality do not satisfy the requirements
396	398		194
397	399		of Subsection (2)(a) for a station area, the municipality shall take the actions
398	400		195
399	401		necessary to satisfy those requirements.
400	402		196
401	403		(3)(a) A municipality that has a new fixed guideway public transit station located within
402	404		197
403	405		the municipality's boundaries shall satisfy the requirements of Subsection (2)(a) for
404		-	- 6 - Enrolled Copy S.B. 195
405	406		198
406	407		the station area surrounding the new fixed guideway public transit station before the
	408	+	- 6 - 03-06 08:58 7th Sub. (Buff) S.B. 195
407	409		199
408	410		new fixed guideway public transit station begins transit services.
409	411		200
410	412		(b) Except as provided in Subsections (3)(c) and (d), a municipality that has an existing
411	413		201
412	414		fixed guideway public transit station located within the municipality's boundaries
413	415		202
414	416		shall satisfy the requirements of Subsection (2)(a) for the station area surrounding the
415	417		203
416	418		existing fixed guideway public transit station on or before December 31, 2025.
417	419		204
418	420		(c) If a municipality has more than four existing fixed guideway public transit stations
419	421		205
420	422		located within the municipality's boundaries, the municipality shall:
421	423		206
422	424		(i) on or before December 31, 2025, satisfy the requirements of Subsection (2)(a) for
423	425		207
424	426		four or more station areas located within the municipality; and
425	427		208
426	428		(ii) on or before December 31 of each year thereafter, satisfy the requirements of
427	429		209
428	430		Subsection (2)(a) for no less than two station areas located within the municipality
429	431		210
430	432		until the municipality has satisfied the requirements of Subsection (2)(a) for each
431	433		211
432	434		station area located within the municipality.
433	435		212
434	436		(d)(i) Subject to Subsection (3)(d)(ii):
435	437		213
436	438		(A) if a municipality receives a complete qualifying land use petition on or before
437	439		214
438	440		July 1, 2022, the municipality shall satisfy the requirements of Subsection
439	441		215
440	442		(2)(a) for the station area in which the development is proposed on or before
441	443		216
442	444		July 1, 2023; and
443	445		217
444	446		(B) if a municipality receives a complete qualifying land use petition after July 1,
445	447		218
446	448		2022, the municipality shall satisfy the requirements of Subsection (2)(a) for
447	449		219
448	450		the station area in which the development is proposed within a 12-month
449	451		220
450	452		period beginning on the first day of the month immediately following the
451	453		221
452	454		month in which the qualifying land use petition is submitted to the
453	455		222
454	456		municipality, and shall notify the applicable metropolitan planning
455	457		223
456	458		organization of the receipt of the qualified land use petition within 45 days of
457	459		224
458	460		the date of receipt.
459	461		225
460	462		(ii)(A) A municipality is not required to satisfy the requirements of Subsection
461	463		226
462	464		(2)(a) for more than two station areas under Subsection (3)(d)(i) within any
463	465		227
464	466		12-month period.
465	467		228
466	468		(B) If a municipality receives more than two complete qualifying land use
467	469		229
468	470		petitions on or before July 1, 2022, the municipality shall select two station
469	471		230
470	472		areas for which the municipality will satisfy the requirements of Subsection
471	473		231
472	474		(2)(a) in accordance with Subsection (3)(d)(i)(A).
473		-	- 7 - S.B. 195 Enrolled Copy
474	475		232
475	476		(iii) A municipality shall process on a first priority basis a land use application,
	477	+	- 7 - 7th Sub. (Buff) S.B. 195 03-06 08:58
476	478		233
477	479		including an application for a building permit, if:
478	480		234
479	481		(A) the land use application is for a residential use within a station area for which
480	482		235
481	483		the municipality has not satisfied the requirements of Subsection (2)(a); and
482	484		236
483	485		(B) the municipality would be required to change a zoning designation for the
484	486		237
485	487		land use application to be approved.
486	488		238
487	489		(e) Notwithstanding Subsections (3)(a) through (d), the time period for satisfying the
488	490		239
489	491		requirements of Subsection (2)(a) for a station area may be extended once for a
490	492		240
491	493		period of 12 months if:
492	494		241
493	495		(i) the municipality demonstrates to the applicable metropolitan planning
494	496		242
495	497		organization that conditions exist that make satisfying the requirements of
496	498		243
497	499		Subsection (2)(a) within the required time period infeasible, despite the
498	500		244
499	501		municipality's good faith efforts; and
500	502		245
501	503		(ii) the applicable metropolitan planning organization certifies to the municipality in
502	504		246
503	505		writing that the municipality satisfied the demonstration in Subsection (3)(e)(i).
504	506		247
505	507		(4)(a) Except as provided in Subsection (4)(b), if a station area is included within the
506	508		248
507	509		boundaries of more than one municipality, each municipality with jurisdiction over
508	510		249
509	511		the station area shall satisfy the requirements of Subsection (2)(a) for the portion of
510	512		250
511	513		the station area over which the municipality has jurisdiction.
512	514		251
513	515		(b) Two or more municipalities with jurisdiction over a station area may coordinate to
514	516		252
515	517		develop a shared station area plan for the entire station area.
516	518		253
517	519		(5) A municipality that has more than one fixed guideway public transit station located
518	520		254
519	521		within the municipality may, through an integrated process, develop station area plans
520	522		255
521	523		for multiple station areas if the station areas are within close proximity of each other.
522	524		256
523	525		(6)(a) A municipality that is required to develop and adopt a station area plan under this
524	526		257
525	527		section may request technical assistance from the applicable metropolitan planning
526	528		258
527	529		organization.
528	530		259
529	531		(b) An applicable metropolitan planning organization that receives funds from the
530	532		260
531	533		Governor's Office of Economic Opportunity under Section 63N-3-113 shall, when
532	534		261
533	535		utilizing the funds, give priority consideration to requests for technical assistance for
534	536		262
535	537		station area plans required under Subsection (3)(d).
536	538		263
537	539		(7)(a) A station area plan shall promote the following objectives within the station area:
538	540		264
539	541		(i) increasing the availability and affordability of housing, including moderate
540	542		265
541	543		income housing;
542		-	- 8 - Enrolled Copy S.B. 195
543	544		266
544	545		(ii) promoting sustainable environmental conditions;
	546	+	- 8 - 03-06 08:58 7th Sub. (Buff) S.B. 195
545	547		267
546	548		(iii) enhancing access to opportunities; and
547	549		268
548	550		(iv) increasing transportation choices and connections.
549	551		269
550	552		(b)(i) To promote the objective described in Subsection (7)(a)(i), a municipality may
551	553		270
552	554		consider implementing the following actions:
553	555		271
554	556		(A) aligning the station area plan with the moderate income housing element of
555	557		272
556	558		the municipality's general plan;
557	559		273
558	560		(B) providing for densities necessary to facilitate the development of moderate
559	561		274
560	562		income housing;
561	563		275
562	564		(C) providing for affordable costs of living in connection with housing,
563	565		276
564	566		transportation, and parking; or
565	567		277
566	568		(D) any other similar action that promotes the objective described in Subsection
567	569		278
568	570		(7)(a)(i).
569	571		279
570	572		(ii) To promote the objective described in Subsection (7)(a)(ii), a municipality may
571	573		280
572	574		consider implementing the following actions:
573	575		281
574	576		(A) conserving water resources through efficient land use;
575	577		282
576	578		(B) improving air quality by reducing fuel consumption and motor vehicle trips;
577	579		283
578	580		(C) establishing parks, open spaces, and recreational opportunities; or
579	581		284
580	582		(D) any other similar action that promotes the objective described in Subsection
581	583		285
582	584		(7)(a)(ii).
583	585		286
584	586		(iii) To promote the objective described in Subsection (7)(a)(iii), a municipality may
585	587		287
586	588		consider the following actions:
587	589		288
588	590		(A) maintaining and improving the connections between housing, transit,
589	591		289
590	592		employment, education, recreation, and commerce;
591	593		290
592	594		(B) encouraging mixed-use development;
593	595		291
594	596		(C) enabling employment and educational opportunities within the station area;
595	597		292
596	598		(D) encouraging and promoting enhanced broadband connectivity; or
597	599		293
598	600		(E) any other similar action that promotes the objective described in Subsection
599	601		294
600	602		(7)(a)(iii).
601	603		295
602	604		(iv) To promote the objective described in Subsection (7)(a)(iv), a municipality may
603	605		296
604	606		consider the following:
605	607		297
606	608		(A) supporting investment in infrastructure for all modes of transportation;
607	609		298
608	610		(B) increasing utilization of public transit;
609	611		299
610	612		(C) encouraging safe streets through the designation of pedestrian walkways and
611		-	- 9 - S.B. 195 Enrolled Copy
612	613		300
613	614		bicycle lanes;
	615	+	- 9 - 7th Sub. (Buff) S.B. 195 03-06 08:58
614	616		301
615	617		(D) encouraging manageable and reliable traffic conditions;
616	618		302
617	619		(E) aligning the station area plan with the regional transportation plan of the
618	620		303
619	621		applicable metropolitan planning organization; or
620	622		304
621	623		(F) any other similar action that promotes the objective described in Subsection
622	624		305
623	625		(7)(a)(iv).
624	626		306
625	627		(8) A station area plan shall include the following components:
626	628		307
627	629		(a) a station area vision that:
628	630		308
629	631		(i) is consistent with Subsection (7); and
630	632		309
631	633		(ii) describes the following:
632	634		310
633	635		(A) opportunities for the development of land within the station area under
634	636		311
635	637		existing conditions;
636	638		312
637	639		(B) constraints on the development of land within the station area under existing
638	640		313
639	641		conditions;
640	642		314
641	643		(C) the municipality's objectives for the transportation system within the station
642	644		315
643	645		area and the future transportation system that meets those objectives;
644	646		316
645	647		(D) the municipality's objectives for land uses within the station area and the
646	648		317
647	649		future land uses that meet those objectives;
648	650		318
649	651		(E) the municipality's objectives for public and open spaces within the station area
650	652		319
651	653		and the future public and open spaces that meet those objectives; and
652	654		320
653	655		(F) the municipality's objectives for the development of land within the station
654	656		321
655	657		area and the future development standards that meet those objectives;
656	658		322
657	659		(b) a map that depicts:
658	660		323
659	661		(i) the station area;
660	662		324
661	663		(ii) the area within the station area to which the station area plan applies, provided
662	664		325
663	665		that the station area plan may apply to areas outside the station area, and the
664	666		326
665	667		station area plan is not required to apply to the entire station area; and
666	668		327
667	669		(iii) the area where each action is needed to implement the station area plan;
668	670		328
669	671		(c) an implementation plan that identifies and describes each action needed within the
670	672		329
671	673		next five years to implement the station area plan, and the party responsible for
672	674		330
673	675		taking each action, including any actions to:
674	676		331
675	677		(i) modify land use regulations;
676	678		332
677	679		(ii) make infrastructure improvements;
678	680		333
679	681		(iii) modify deeds or other relevant legal documents;
680		-	- 10 - Enrolled Copy S.B. 195
681	682		334
682	683		(iv) secure funding or develop funding strategies;
	684	+	- 10 - 03-06 08:58 7th Sub. (Buff) S.B. 195
683	685		335
684	686		(v) establish design standards for development within the station area; or
685	687		336
686	688		(vi) provide environmental remediation;
687	689		337
688	690		(d) a statement that explains how the station area plan promotes the objectives described
689	691		338
690	692		in Subsection (7)(a); and
691	693		339
692	694		(e) as an alternative or supplement to the requirements of Subsection (7) or this
693	695		340
694	696		Subsection (8), and for purposes of Subsection (2)(b)(ii), a statement that describes
695	697		341
696	698		any conditions that would make the following impracticable:
697	699		342
698	700		(i) promoting the objectives described in Subsection (7)(a); or
699	701		343
700	702		(ii) satisfying the requirements of this Subsection (8).
701	703		344
702	704		(9) A municipality shall develop a station area plan with the involvement of all relevant
703	705		345
704	706		stakeholders that have an interest in the station area through public outreach and
705	707		346
706	708		community engagement, including:
707	709		347
708	710		(a) other impacted communities;
709	711		348
710	712		(b) the applicable public transit district;
711	713		349
712	714		(c) the applicable metropolitan planning organization;
713	715		350
714	716		(d) the Department of Transportation;
715	717		351
716	718		(e) owners of property within the station area; and
717	719		352
718	720		(f) the municipality's residents and business owners.
719	721		353
720	722		(10)(a) A municipality that is required to develop and adopt a station area plan for a
721	723		354
722	724		station area under this section shall submit to the applicable metropolitan planning
723	725		355
724	726		organization and the applicable public transit district documentation evidencing that
725	727		356
726	728		the municipality has satisfied the requirement of Subsection (2)(a)(i) for the station
727	729		357
728	730		area, including:
729	731		358
730	732		(i) a station area plan; or
731	733		359
732	734		(ii) a resolution adopted under Subsection (2)(b)(i) or (ii).
733	735		360
734	736		(b) The applicable metropolitan planning organization, in consultation with the
735	737		361
736	738		applicable public transit district, shall:
737	739		362
738	740		(i) review the documentation submitted under Subsection (10)(a) to determine the
739	741		363
740	742		municipality's compliance with this section; and
741	743		364
742	744		(ii) provide written certification to the municipality if the applicable metropolitan
743	745		365
744	746		planning organization determines that the municipality has satisfied the
745	747		366
746	748		requirement of Subsection (2)(a)(i) for the station area.
747	749		367
748	750		(c) The municipality shall include the certification described in Subsection (10)(b)(ii) in
749		-	- 11 - S.B. 195 Enrolled Copy
750	751		368
751	752		the municipality's report to the Department of Workforce Services under Section
	753	+	- 11 - 7th Sub. (Buff) S.B. 195 03-06 08:58
752	754		369
753	755		10-9a-408.
754	756		370
755	757		(11)(a) Following certification by a metropolitan planning organization of a
756	758		371
757	759		municipality's station area plan under Subsection (10)(b)(ii), the municipality shall
758	760		372
759	761		provide a report to the applicable metropolitan planning organization on or before
760	762		373
761	763		December 31 of the fifth year after the year in which the station area plan was
762	764		374
763	765		certified, and every five years thereafter for a period not to exceed 15 years.
764	766		375
765	767		(b) The report described in Subsection (11)(a) shall:
766	768		376
767	769		(i) contain the status of advancing the station area plan objectives, including, if
768	770		377
769	771		applicable, actions described in the implementation plan required in Subsection
770	772		378
771	773		(8)(c); and
772	774		379
773	775		(ii) identify potential actions over the next five years that would advance the station
774	776		380
775	777		area plan objectives.
776	778		381
777	779		(c) If a municipality has multiple certified station area plans, the municipality may
778	780		382
779	781		consolidate the reports required in Subsection (11)(a) for the purpose of submitting
780	782		383
781	783		reports to the metropolitan planning organization.
782	784		384
783	785		Section 3. Section 17B-2a-824 is amended to read:
784	786		385
785	787		17B-2a-824 (Effective 05/07/25). Property acquired on behalf of a public transit
786	788		386
787	789		district.
788	790		387
789	791		(1) [Title] Except as provided in Subsection (3), title to property acquired on behalf of a
790	792		388
791	793		public transit district under this part immediately and by operation of law vests in the
792	794		389
793	795		public transit district.
794	796		390
795	797		(2) Property described in Subsection (1) is dedicated and set apart for the purposes set forth
796	798		391
797	799		in this part.
798	800		392
799	801		(3) Any property purchased or acquired by the Department of Transportation for public
800	802		393
801	803		transit purposes:
802	804		394
803	805		(a) does not vest in the public transit district; and
804	806		395
805	807		(b) remains under the ownership of the Department of Transportation.
806	808		396
807	809		(4) The Department of Transportation may sell, donate, exchange, or otherwise convey in
808	810		397
809	811		fee simple property described in Subsection (3) to a public transit district if:
810	812		398
811	813		(a)(i) the property is adjacent or ancillary to property the public transit district utilizes
812	814		399
813	815		for the operation of a fixed guideway; and
814	816		400
815	817		(ii) the Department of Transportation determines that the conveyance of the property
816	818		401
817	819		to the public transit district provides a benefit to the state;
818		-	- 12 - Enrolled Copy S.B. 195
819	820		402
820	821		(b) the conveyance is necessary to fulfilling federal grant or other funding requirements;
	822	+	- 12 - 03-06 08:58 7th Sub. (Buff) S.B. 195
821	823		403
822	824		or
823	825		404
824	826		(c) the conveyance is made in accordance with an administrative rule enacted pursuant
825	827		405
826	828		to Section 72-5-117.
827	829		406
828	830		(5) If the Department of Transportation purchases one or more transit vehicles for public
829	831		407
830	832		transit purposes, the Department of Transportation may sell, donate, exchange, or
831	833		408
832	834		otherwise convey the transit vehicles to a public transit district if:
833	835		409
834	836		(a) the Department of Transportation determines that the conveyance of the transit
835	837		410
836	838		vehicles to the public transit district provides a benefit to the state; or
837	839		411
838	840		(b) the conveyance is necessary to fulfill federal grant or other funding requirements.
839	841		412
840	842		Section 4. Section 41-6a-102 is amended to read:
841	843		413
842	844		41-6a-102 (Effective 05/07/25). Definitions.
843	845		414
844	846		As used in this chapter:
845	847		415
846	848		(1) "Alley" means a street or highway intended to provide access to the rear or side of lots
847	849		416
848	850		or buildings in urban districts and not intended for through vehicular traffic.
849	851		417
850	852		(2) "All-terrain type I vehicle" means the same as that term is defined in Section 41-22-2.
851	853		418
852	854		(3) "All-terrain type II vehicle" means the same as that term is defined in Section 41-22-2.
853	855		419
854	856		(4) "All-terrain type III vehicle" means the same as that term is defined in Section 41-22-2.
855	857		420
856	858		(5) "Authorized emergency vehicle" includes:
857	859		421
858	860		(a) a fire department vehicle;
859	861		422
860	862		(b) a police vehicle;
861	863		423
862	864		(c) an ambulance; and
863	865		424
864	866		(d) other publicly or privately owned vehicles as designated by the commissioner of the
865	867		425
866	868		Department of Public Safety.
867	869		426
868	870		(6) "Autocycle" means the same as that term is defined in Section 53-3-102.
869	871		427
870	872		(7)(a) "Bicycle" means a wheeled vehicle:
871	873		428
872	874		(i) propelled by human power by feet or hands acting upon pedals or cranks;
873	875		429
874	876		(ii) with a seat or saddle designed for the use of the operator;
875	877		430
876	878		(iii) designed to be operated on the ground; and
877	879		431
878	880		(iv) whose wheels are not less than 14 inches in diameter.
879	881		432
880	882		(b) "Bicycle" includes an electric assisted bicycle.
881	883		433
882	884		(c) "Bicycle" does not include scooters and similar devices.
883	885		434
884	886		(8)(a) "Bus" means a motor vehicle:
885	887		435
886	888		(i) designed for carrying more than 15 passengers and used for the transportation of
887		-	- 13 - S.B. 195 Enrolled Copy
888	889		436
889	890		persons; or
	891	+	- 13 - 7th Sub. (Buff) S.B. 195 03-06 08:58
890	892		437
891	893		(ii) designed and used for the transportation of persons for compensation.
892	894		438
893	895		(b) "Bus" does not include a taxicab.
894	896		439
895	897		(9)(a) "Circular intersection" means an intersection that has an island, generally circular
896	898		440
897	899		in design, located in the center of the intersection where traffic passes to the right of
898	900		441
899	901		the island.
900	902		442
901	903		(b) "Circular intersection" includes:
902	904		443
903	905		(i) roundabouts;
904	906		444
905	907		(ii) rotaries; and
906	908		445
907	909		(iii) traffic circles.
908	910		446
909	911		(10) "Class 1 electric assisted bicycle" means an electric assisted bicycle equipped with a
910	912		447
911	913		motor or electronics that:
912	914		448
913	915		(a) provides assistance only when the rider is pedaling; and
914	916		449
915	917		(b) ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
916	918		450
917	919		(11) "Class 2 electric assisted bicycle" means an electric assisted bicycle equipped with a
918	920		451
919	921		motor or electronics that:
920	922		452
921	923		(a) may be used exclusively to propel the bicycle; and
922	924		453
923	925		(b) is not capable of providing assistance when the bicycle reaches the speed of 20 miles
924	926		454
925	927		per hour.
926	928		455
927	929		(12) "Class 3 electric assisted bicycle" means an electric assisted bicycle equipped with a
928	930		456
929	931		motor or electronics that:
930	932		457
931	933		(a) provides assistance only when the rider is pedaling;
932	934		458
933	935		(b) ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour;
934	936		459
935	937		and
936	938		460
937	939		(c) is equipped with a speedometer.
938	940		461
939	941		(13) "Commissioner" means the commissioner of the Department of Public Safety.
940	942		462
941	943		(14) "Controlled-access highway" means a highway, street, or roadway:
942	944		463
943	945		(a) designed primarily for through traffic; and
944	946		464
945	947		(b) to or from which owners or occupants of abutting lands and other persons have no
946	948		465
947	949		legal right of access, except at points as determined by the highway authority having
948	950		466
949	951		jurisdiction over the highway, street, or roadway.
950	952		467
951	953		(15) "Crosswalk" means:
952	954		468
953	955		(a) that part of a roadway at an intersection included within the connections of the lateral
954	956		469
955	957		lines of the sidewalks on opposite sides of the highway measured from:
956		-	- 14 - Enrolled Copy S.B. 195
957	958		470
958	959		(i)(A) the curbs; or
	960	+	- 14 - 03-06 08:58 7th Sub. (Buff) S.B. 195
959	961		471
960	962		(B) in the absence of curbs, from the edges of the traversable roadway; and
961	963		472
962	964		(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
963	965		473
964	966		included within the extension of the lateral lines of the existing sidewalk at right
965	967		474
966	968		angles to the centerline; or
967	969		475
968	970		(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
969	971		476
970	972		pedestrian crossing by lines or other markings on the surface.
971	973		477
972	974		(16) "Department" means the Department of Public Safety.
973	975		478
974	976		(17) "Direct supervision" means oversight at a distance within which:
975	977		479
976	978		(a) visual contact is maintained; and
977	979		480
978	980		(b) advice and assistance can be given and received.
979	981		481
980	982		(18) "Divided highway" means a highway divided into two or more roadways by:
981	983		482
982	984		(a) an unpaved intervening space;
983	985		483
984	986		(b) a physical barrier; or
985	987		484
986	988		(c) a clearly indicated dividing section constructed to impede vehicular traffic.
987	989		485
988	990		(19) "Echelon formation" means the operation of two or more snowplows arranged
989	991		486
990	992		side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to
991	993		487
992	994		clear snow from two or more lanes at once.
993	995		488
994	996		(20)(a) "Electric assisted bicycle" means a bicycle with an electric motor that:
995	997		489
996	998		(i) has a power output of not more than 750 watts;
997	999		490
998	1000		(ii) has fully operable pedals;
999	1001		491
1000	1002		(iii) has permanently affixed cranks that were installed at the time of the original
1001	1003		492
1002	1004		manufacture;
1003	1005		493
1004	1006		(iv) is fully operable as a bicycle without the use of the electric motor; and
1005	1007		494
1006	1008		(v) is one of the following:
1007	1009		495
1008	1010		(A) a class 1 electric assisted bicycle;
1009	1011		496
1010	1012		(B) a class 2 electric assisted bicycle;
1011	1013		497
1012	1014		(C) a class 3 electric assisted bicycle; or
1013	1015		498
1014	1016		(D) a programmable electric assisted bicycle.
1015	1017		499
1016	1018		(b) "Electric assisted bicycle" does not include:
1017	1019		500
1018	1020		(i) a moped;
1019	1021		501
1020	1022		(ii) a motor assisted scooter;
1021	1023		502
1022	1024		(iii) a motorcycle;
1023	1025		503
1024	1026		(iv) a motor-driven cycle; or
1025		-	- 15 - S.B. 195 Enrolled Copy
1026	1027		504
1027	1028		(v) any other vehicle with less than four wheels that is designed, manufactured,
	1029	+	- 15 - 7th Sub. (Buff) S.B. 195 03-06 08:58
1028	1030		505
1029	1031		intended, or advertised by the seller to have any of the following capabilities or
1030	1032		506
1031	1033		features, or that is modifiable or is modified to have any of the following
1032	1034		507
1033	1035		capabilities or features:
1034	1036		508
1035	1037		(A) has the ability to attain the speed of 20 miles per hour or greater on motor
1036	1038		509
1037	1039		power alone;
1038	1040		510
1039	1041		(B) is equipped with a continuous rated motor power of 750 watts or greater;
1040	1042		511
1041	1043		(C) is equipped with foot pegs for the operator at the time of manufacture, or
1042	1044		512
1043	1045		requires installation of a pedal kit to have operable pedals; or
1044	1046		513
1045	1047		(D) if equipped with multiple operating modes and a throttle, has one or more
1046	1048		514
1047	1049		modes that exceed 20 miles per hour on motor power alone.
1048	1050		515
1049	1051		(21)(a) "Electric personal assistive mobility device" means a self-balancing device with:
1050	1052		516
1051	1053		(i) two nontandem wheels in contact with the ground;
1052	1054		517
1053	1055		(ii) a system capable of steering and stopping the unit under typical operating
1054	1056		518
1055	1057		conditions;
1056	1058		519
1057	1059		(iii) an electric propulsion system with average power of one horsepower or 750
1058	1060		520
1059	1061		watts;
1060	1062		521
1061	1063		(iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
1062	1064		522
1063	1065		(v) a deck design for a person to stand while operating the device.
1064	1066		523
1065	1067		(b) "Electric personal assistive mobility device" does not include a wheelchair.
1066	1068		524
1067	1069		(22) "Electric unicycle" means a self-balancing personal transportation device that:
1068	1070		525
1069	1071		(a) has a single wheel;
1070	1072		526
1071	1073		(b) is powered by an electric motor that utilizes gyroscopes and accelerometers to
1072	1074		527
1073	1075		stabilize the rider; and
1074	1076		528
1075	1077		(c) is designed for the operator to face in the direction of travel while operating the
1076	1078		529
1077	1079		device.
1078	1080		530
1079	1081		[(22)] (23) "Explosives" means a chemical compound or mechanical mixture commonly
1080	1082		531
1081	1083		used or intended for the purpose of producing an explosion and that contains any
1082	1084		532
1083	1085		oxidizing and combustive units or other ingredients in proportions, quantities, or
1084	1086		533
1085	1087		packing so that an ignition by fire, friction, concussion, percussion, or detonator of any
1086	1088		534
1087	1089		part of the compound or mixture may cause a sudden generation of highly heated gases,
1088	1090		535
1089	1091		and the resultant gaseous pressures are capable of producing destructive effects on
1090	1092		536
1091	1093		contiguous objects or of causing death or serious bodily injury.
1092	1094		537
1093	1095		[(23)] (24) "Farm tractor" means a motor vehicle designed and used primarily as a farm
1094		-	- 16 - Enrolled Copy S.B. 195
1095	1096		538
1096	1097		implement, for drawing plows, mowing machines, and other implements of husbandry.
	1098	+	- 16 - 03-06 08:58 7th Sub. (Buff) S.B. 195
1097	1099		539
1098	1100		[(24)] (25) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
1099	1101		540
1100	1102		as determined by a Tagliabue or equivalent closed-cup test device.
1101	1103		541
1102	1104		[(25)] (26) "Freeway" means a controlled-access highway that is part of the interstate system
1103	1105		542
1104	1106		as defined in Section 72-1-102.
1105	1107		543
1106	1108		[(26)] (27)(a) "Golf cart" means a device that:
1107	1109		544
1108	1110		(i) is designed for transportation by players on a golf course;
1109	1111		545
1110	1112		(ii) has not less than three wheels in contact with the ground;
1111	1113		546
1112	1114		(iii) has an unladen weight of less than 1,800 pounds;
1113	1115		547
1114	1116		(iv) is designed to operate at low speeds; and
1115	1117		548
1116	1118		(v) is designed to carry not more than six persons including the driver.
1117	1119		549
1118	1120		(b) "Golf cart" does not include:
1119	1121		550
1120	1122		(i) a low-speed vehicle or an off-highway vehicle;
1121	1123		551
1122	1124		(ii) a motorized wheelchair;
1123	1125		552
1124	1126		(iii) an electric personal assistive mobility device;
1125	1127		553
1126	1128		(iv) an electric assisted bicycle;
1127	1129		554
1128	1130		(v) a motor assisted scooter;
1129	1131		555
1130	1132		(vi) a personal delivery device, as defined in Section 41-6a-1119; or
1131	1133		556
1132	1134		(vii) a mobile carrier, as defined in Section 41-6a-1120.
1133	1135		557
1134	1136		[(27)] (28) "Gore area" means the area delineated by two solid white lines that is between a
1135	1137		558
1136	1138		continuing lane of a through roadway and a lane used to enter or exit the continuing lane
1137	1139		559
1138	1140		including similar areas between merging or splitting highways.
1139	1141		560
1140	1142		[(28)] (29) "Gross weight" means the weight of a vehicle without a load plus the weight of
1141	1143		561
1142	1144		any load on the vehicle.
1143	1145		562
1144	1146		[(29)] (30) "Hi-rail vehicle" means a roadway maintenance vehicle that is:
1145	1147		563
1146	1148		(a) manufactured to meet Federal Motor Vehicle Safety Standards; and
1147	1149		564
1148	1150		(b) equipped with retractable flanged wheels that allow the vehicle to travel on a
1149	1151		565
1150	1152		highway or railroad tracks.
1151	1153		566
1152	1154		[(30)] (31) "Highway" means the entire width between property lines of every way or place
1153	1155		567
1154	1156		of any nature when any part of it is open to the use of the public as a matter of right for
1155	1157		568
1156	1158		vehicular travel.
1157	1159		569
1158	1160		[(31)] (32) "Highway authority" means the same as that term is defined in Section 72-1-102.
1159	1161		570
1160	1162		[(32)] (33)(a) "Intersection" means the area embraced within the prolongation or
1161	1163		571
1162	1164		connection of the lateral curb lines, or, if none, then the lateral boundary lines of the
1163		-	- 17 - S.B. 195 Enrolled Copy
1164	1165		572
1165	1166		roadways of two or more highways that join one another.
	1167	+	- 17 - 7th Sub. (Buff) S.B. 195 03-06 08:58
1166	1168		573
1167	1169		(b) Where a highway includes two roadways 30 feet or more apart:
1168	1170		574
1169	1171		(i) every crossing of each roadway of the divided highway by an intersecting
1170	1172		575
1171	1173		highway is a separate intersection; and
1172	1174		576
1173	1175		(ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
1174	1176		577
1175	1177		every crossing of two roadways of the highways is a separate intersection.
1176	1178		578
1177	1179		(c) "Intersection" does not include the junction of an alley with a street or highway.
1178	1180		579
1179	1181		[(33)] (34) "Island" means an area between traffic lanes or at an intersection for control of
1180	1182		580
1181	1183		vehicle movements or for pedestrian refuge designated by:
1182	1184		581
1183	1185		(a) pavement markings, which may include an area designated by two solid yellow lines
1184	1186		582
1185	1187		surrounding the perimeter of the area;
1186	1188		583
1187	1189		(b) channelizing devices;
1188	1190		584
1189	1191		(c) curbs;
1190	1192		585
1191	1193		(d) pavement edges; or
1192	1194		586
1193	1195		(e) other devices.
1194	1196		587
1195	1197		[(34)] (35) "Lane filtering" means, when operating a motorcycle other than an autocycle, the
1196	1198		588
1197	1199		act of overtaking and passing another vehicle that is stopped in the same direction of
1198	1200		589
1199	1201		travel in the same lane.
1200	1202		590
1201	1203		[(35)] (36) "Law enforcement agency" means the same as that term is as defined in Section
1202	1204		591
1203	1205		53-1-102.
1204	1206		592
1205	1207		[(36)] (37) "Limited access highway" means a highway:
1206	1208		593
1207	1209		(a) that is designated specifically for through traffic; and
1208	1210		594
1209	1211		(b) over, from, or to which neither owners nor occupants of abutting lands nor other
1210	1212		595
1211	1213		persons have any right or easement, or have only a limited right or easement of
1212	1214		596
1213	1215		access, light, air, or view.
1214	1216		597
1215	1217		[(37)] (38) "Local highway authority" means the legislative, executive, or governing body of
1216	1218		598
1217	1219		a county, municipal, or other local board or body having authority to enact laws relating
1218	1220		599
1219	1221		to traffic under the constitution and laws of the state.
1220	1222		600
1221	1223		[(38)] (39)(a) "Low-speed vehicle" means a four wheeled motor vehicle that:
1222	1224		601
1223	1225		(i) is designed to be operated at speeds of not more than 25 miles per hour; and
1224	1226		602
1225	1227		(ii) has a capacity of not more than six passengers, including a conventional driver or
1226	1228		603
1227	1229		fallback-ready user if on board the vehicle, as those terms are defined in Section
1228	1230		604
1229	1231		41-26-102.1.
1230	1232		605
1231	1233		(b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
1232		-	- 18 - Enrolled Copy S.B. 195
1233	1234		606
1234	1235		[(39)] (40) "Metal tire" means a tire, the surface of which in contact with the highway is
	1236	+	- 18 - 03-06 08:58 7th Sub. (Buff) S.B. 195
1235	1237		607
1236	1238		wholly or partly of metal or other hard nonresilient material.
1237	1239		608
1238	1240		[(40)] (41)(a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a
1239	1241		609
1240	1242		seat or saddle that is less than 24 inches from the ground as measured on a level
1241	1243		610
1242	1244		surface with properly inflated tires.
1243	1245		611
1244	1246		(b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
1245	1247		612
1246	1248		(c) "Mini-motorcycle" does not include a motorcycle that is:
1247	1249		613
1248	1250		(i) designed for off-highway use; and
1249	1251		614
1250	1252		(ii) registered as an off-highway vehicle under Section 41-22-3.
1251	1253		615
1252	1254		[(41)] (42) "Mobile home" means:
1253	1255		616
1254	1256		(a) a trailer or semitrailer that is:
1255	1257		617
1256	1258		(i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
1257	1259		618
1258	1260		place either permanently or temporarily; and
1259	1261		619
1260	1262		(ii) equipped for use as a conveyance on streets and highways; or
1261	1263		620
1262	1264		(b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed
1263	1265		621
1264	1266		for use as a mobile home, as defined in Subsection [(41)(a)] (42)(a), but that is instead
1265	1267		622
1266	1268		used permanently or temporarily for:
1267	1269		623
1268	1270		(i) the advertising, sale, display, or promotion of merchandise or services; or
1269	1271		624
1270	1272		(ii) any other commercial purpose except the transportation of property for hire or the
1271	1273		625
1272	1274		transportation of property for distribution by a private carrier.
1273	1275		626
1274	1276		[(42)] (43) "Mobility disability" means the inability of a person to use one or more of the
1275	1277		627
1276	1278		person's extremities or difficulty with motor skills, that may include limitations with
1277	1279		628
1278	1280		walking, grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other
1279	1281		629
1280	1282		condition.
1281	1283		630
1282	1284		[(43)] (44)(a) "Moped" means a motor-driven cycle having:
1283	1285		631
1284	1286		(i) pedals to permit propulsion by human power; and
1285	1287		632
1286	1288		(ii) a motor that:
1287	1289		633
1288	1290		(A) produces not more than two brake horsepower; and
1289	1291		634
1290	1292		(B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour
1291	1293		635
1292	1294		on level ground.
1293	1295		636
1294	1296		(b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
1295	1297		637
1296	1298		centimeters and the moped shall have a power drive system that functions directly or
1297	1299		638
1298	1300		automatically without clutching or shifting by the operator after the drive system is
1299	1301		639
1300	1302		engaged.
1301		-	- 19 - S.B. 195 Enrolled Copy
1302	1303		640
1303	1304		(c) "Moped" does not include:
	1305	+	- 19 - 7th Sub. (Buff) S.B. 195 03-06 08:58
1304	1306		641
1305	1307		(i) an electric assisted bicycle; or
1306	1308		642
1307	1309		(ii) a motor assisted scooter.
1308	1310		643
1309	1311		[(44)] (45)(a) "Motor assisted scooter" means a self-propelled device with:
1310	1312		644
1311	1313		(i) at least two wheels in contact with the ground;
1312	1314		645
1313	1315		(ii) a braking system capable of stopping the unit under typical operating conditions;
1314	1316		646
1315	1317		(iii) an electric motor not exceeding 2,000 watts;
1316	1318		647
1317	1319		(iv) either:
1318	1320		648
1319	1321		(A) handlebars and a deck design for a person to stand while operating the device;
1320	1322		649
1321	1323		or
1322	1324		650
1323	1325		(B) handlebars and a seat designed for a person to sit, straddle, or stand while
1324	1326		651
1325	1327		operating the device;
1326	1328		652
1327	1329		(v) a design for the ability to be propelled by human power alone; and
1328	1330		653
1329	1331		(vi) a maximum speed of 20 miles per hour on a paved level surface.
1330	1332		654
1331	1333		(b) "Motor assisted scooter" does not include:
1332	1334		655
1333	1335		(i) an electric assisted bicycle; or
1334	1336		656
1335	1337		(ii) a motor-driven cycle.
1336	1338		657
1337	1339		[(45)] (46)(a) "Motor vehicle" means a vehicle that is self-propelled and a vehicle that is
1338	1340		658
1339	1341		propelled by electric power obtained from overhead trolley wires, but not operated
1340	1342		659
1341	1343		upon rails.
1342	1344		660
1343	1345		(b) "Motor vehicle" does not include:
1344	1346		661
1345	1347		(i) vehicles moved solely by human power;
1346	1348		662
1347	1349		(ii) motorized wheelchairs;
1348	1350		663
1349	1351		(iii) an electric personal assistive mobility device;
1350	1352		664
1351	1353		(iv) an electric assisted bicycle;
1352	1354		665
1353	1355		(v) a motor assisted scooter;
1354	1356		666
1355	1357		(vi) a personal delivery device, as defined in Section 41-6a-1119; or
1356	1358		667
1357	1359		(vii) a mobile carrier, as defined in Section 41-6a-1120.
1358	1360		668
1359	1361		[(46)] (47) "Motorcycle" means:
1360	1362		669
1361	1363		(a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
1362	1364		670
1363	1365		and designed to travel with not more than three wheels in contact with the ground; or
1364	1366		671
1365	1367		(b) an autocycle.
1366	1368		672
1367	1369		[(47)] (48)(a) "Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle
1368	1370		673
1369	1371		having:
1370		-	- 20 - Enrolled Copy S.B. 195
1371	1372		674
1372	1373		(i) an engine with less than 150 cubic centimeters displacement; or
	1374	+	- 20 - 03-06 08:58 7th Sub. (Buff) S.B. 195
1373	1375		675
1374	1376		(ii) a motor that produces not more than five horsepower.
1375	1377		676
1376	1378		(b) "Motor-driven cycle" does not include:
1377	1379		677
1378	1380		(i) an electric personal assistive mobility device;
1379	1381		678
1380	1382		(ii) a motor assisted scooter; or
1381	1383		679
1382	1384		(iii) an electric assisted bicycle.
1383	1385		680
1384	1386		[(48)] (49) "Off-highway implement of husbandry" means the same as that term is defined
1385	1387		681
1386	1388		under Section 41-22-2.
1387	1389		682
1388	1390		[(49)] (50) "Off-highway vehicle" means the same as that term is defined under Section
1389	1391		683
1390	1392		41-22-2.
1391	1393		684
1392	1394		[(50)] (51) "Operate" means the same as that term is defined in Section 41-1a-102.
1393	1395		685
1394	1396		[(51)] (52) "Operator" means:
1395	1397		686
1396	1398		(a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
1397	1399		687
1398	1400		(b) an automated driving system, as defined in Section 41-26-102.1, that operates a
1399	1401		688
1400	1402		vehicle.
1401	1403		689
1402	1404		[(52)] (53) "Other on-track equipment" means a railroad car, hi-rail vehicle, rolling stock, or
1403	1405		690
1404	1406		other device operated, alone or coupled with another device, on stationary rails.
1405	1407		691
1406	1408		[(53)] (54)(a) "Park" or "parking" means the standing of a vehicle, whether the vehicle is
1407	1409		692
1408	1410		occupied or not.
1409	1411		693
1410	1412		(b) "Park" or "parking" does not include:
1411	1413		694
1412	1414		(i) the standing of a vehicle temporarily for the purpose of and while actually
1413	1415		695
1414	1416		engaged in loading or unloading property or passengers; or
1415	1417		696
1416	1418		(ii) a motor vehicle with an engaged automated driving system that has achieved a
1417	1419		697
1418	1420		minimal risk condition, as those terms are defined in Section 41-26-102.1.
1419	1421		698
1420	1422		[(54)] (55) "Peace officer" means a peace officer authorized under Title 53, Chapter 13,
1421	1423		699
1422	1424		Peace Officer Classifications, to direct or regulate traffic or to make arrests for
1423	1425		700
1424	1426		violations of traffic laws.
1425	1427		701
1426	1428		[(55)] (56) "Pedestrian" means a person traveling:
1427	1429		702
1428	1430		(a) on foot; or
1429	1431		703
1430	1432		(b) in a wheelchair.
1431	1433		704
1432	1434		[(56)] (57) "Pedestrian traffic-control signal" means a traffic-control signal used to regulate
1433	1435		705
1434	1436		pedestrians.
1435	1437		706
1436	1438		[(57)] (58) "Person" means a natural person, firm, copartnership, association, corporation,
1437	1439		707
1438	1440		business trust, estate, trust, partnership, limited liability company, association, joint
1439		-	- 21 - S.B. 195 Enrolled Copy
1440	1441		708
1441	1442		venture, governmental agency, public corporation, or any other legal or commercial
	1443	+	- 21 - 7th Sub. (Buff) S.B. 195 03-06 08:58
1442	1444		709
1443	1445		entity.
1444	1446		710
1445	1447		[(58)] (59) "Pole trailer" means a vehicle without motive power:
1446	1448		711
1447	1449		(a) designed to be drawn by another vehicle and attached to the towing vehicle by means
1448	1450		712
1449	1451		of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle;
1450	1452		713
1451	1453		and
1452	1454		714
1453	1455		(b) that is ordinarily used for transporting long or irregular shaped loads including poles,
1454	1456		715
1455	1457		pipes, or structural members generally capable of sustaining themselves as beams
1456	1458		716
1457	1459		between the supporting connections.
1458	1460		717
1459	1461		[(59)] (60) "Private road or driveway" means every way or place in private ownership and
1460	1462		718
1461	1463		used for vehicular travel by the owner and those having express or implied permission
1462	1464		719
1463	1465		from the owner, but not by other persons.
1464	1466		720
1465	1467		[(60)] (61) "Programmable electric assisted bicycle" means an electric assisted bicycle with
1466	1468		721
1467	1469		capability to switch or be programmed to function as a class 1 electric assisted bicycle,
1468	1470		722
1469	1471		class 2 electric assisted bicycle, or class 3 electric assisted bicycle, provided that the
1470	1472		723
1471	1473		electric assisted bicycle fully conforms with the respective requirements of each class of
1472	1474		724
1473	1475		electric assisted bicycle when operated in that mode.
1474	1476		725
1475	1477		[(61)] (62) "Railroad" means a carrier of persons or property upon cars operated on
1476	1478		726
1477	1479		stationary rails.
1478	1480		727
1479	1481		[(62)] (63) "Railroad sign or signal" means a sign, signal, or device erected by authority of a
1480	1482		728
1481	1483		public body or official or by a railroad and intended to give notice of the presence of
1482	1484		729
1483	1485		railroad tracks or the approach of a railroad train.
1484	1486		730
1485	1487		[(63)] (64) "Railroad train" means a locomotive propelled by any form of energy, coupled
1486	1488		731
1487	1489		with or operated without cars, and operated upon rails.
1488	1490		732
1489	1491		[(64)] (65) "Restored-modified vehicle" means the same as the term defined in Section
1490	1492		733
1491	1493		41-1a-102.
1492	1494		734
1493	1495		[(65)] (66) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
1494	1496		735
1495	1497		lawful manner in preference to another vehicle or pedestrian approaching under
1496	1498		736
1497	1499		circumstances of direction, speed, and proximity that give rise to danger of collision
1498	1500		737
1499	1501		unless one grants precedence to the other.
1500	1502		738
1501	1503		[(66)] (67)(a) "Roadway" means that portion of highway improved, designed, or
1502	1504		739
1503	1505		ordinarily used for vehicular travel.
1504	1506		740
1505	1507		(b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
1506	1508		741
1507	1509		them are used by persons riding bicycles or other human-powered vehicles.
1508		-	- 22 - Enrolled Copy S.B. 195
1509	1510		742
1510	1511		(c) "Roadway" refers to any roadway separately but not to all roadways collectively, if a
	1512	+	- 22 - 03-06 08:58 7th Sub. (Buff) S.B. 195
1511	1513		743
1512	1514		highway includes two or more separate roadways.
1513	1515		744
1514	1516		[(67)] (68) "Safety zone" means the area or space officially set apart within a roadway for
1515	1517		745
1516	1518		the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
1517	1519		746
1518	1520		signs as to be plainly visible at all times while set apart as a safety zone.
1519	1521		747
1520	1522		[(68)] (69)(a) "School bus" means a motor vehicle that:
1521	1523		748
1522	1524		(i) complies with the color and identification requirements of the most recent edition
1523	1525		749
1524	1526		of "Minimum Standards for School Buses"; and
1525	1527		750
1526	1528		(ii) is used to transport school children to or from school or school activities.
1527	1529		751
1528	1530		(b) "School bus" does not include a vehicle operated by a common carrier in
1529	1531		752
1530	1532		transportation of school children to or from school or school activities.
1531	1533		753
1532	1534		(70) "Self-balancing electric skateboard" means a device similar to a skateboard that:
1533	1535		754
1534	1536		(a) has a single wheel;
1535	1537		755
1536	1538		(b) is powered by an electric motor; and
1537	1539		756
1538	1540		(c) is designed for the operator to face perpendicular to the direction of travel while
1539	1541		757
1540	1542		operating the device.
1541	1543		758
1542	1544		[(69)] (71)(a) "Semitrailer" means a vehicle with or without motive power:
1543	1545		759
1544	1546		(i) designed for carrying persons or property and for being drawn by a motor vehicle;
1545	1547		760
1546	1548		and
1547	1549		761
1548	1550		(ii) constructed so that some part of its weight and that of its load rests on or is
1549	1551		762
1550	1552		carried by another vehicle.
1551	1553		763
1552	1554		(b) "Semitrailer" does not include a pole trailer.
1553	1555		764
1554	1556		[(70)] (72) "Shoulder area" means:
1555	1557		765
1556	1558		(a) that area of the hard-surfaced highway separated from the roadway by a pavement
1557	1559		766
1558	1560		edge line as established in the current approved "Manual on Uniform Traffic Control
1559	1561		767
1560	1562		Devices"; or
1561	1563		768
1562	1564		(b) that portion of the road contiguous to the roadway for accommodation of stopped
1563	1565		769
1564	1566		vehicles, for emergency use, and for lateral support.
1565	1567		770
1566	1568		[(71)] (73) "Sidewalk" means that portion of a street between the curb lines, or the lateral
1567	1569		771
1568	1570		lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
1569	1571		772
1570	1572		[(72)] (74)(a) "Soft-surface trail" means a marked trail surfaced with sand, rock, or dirt
1571	1573		773
1572	1574		that is designated for the use of a bicycle.
1573	1575		774
1574	1576		(b) "Soft-surface trail" does not mean a trail:
1575	1577		775
1576	1578		(i) where the use of a motor vehicle or an electric assisted bicycle is prohibited by a
1577		-	- 23 - S.B. 195 Enrolled Copy
1578	1579		776
1579	1580		federal law, regulation, or rule; or
	1581	+	- 23 - 7th Sub. (Buff) S.B. 195 03-06 08:58
1580	1582		777
1581	1583		(ii) located in whole or in part on land granted to the state or a political subdivision
1582	1584		778
1583	1585		subject to a conservation easement that prohibits the use of a motorized vehicle.
1584	1586		779
1585	1587		[(73)] (75) "Solid rubber tire" means a tire of rubber or other resilient material that does not
1586	1588		780
1587	1589		depend on compressed air for the support of the load.
1588	1590		781
1589	1591		[(74)] (76) "Stand" or "standing" means the temporary halting of a vehicle, whether
1590	1592		782
1591	1593		occupied or not, for the purpose of and while actually engaged in receiving or
1592	1594		783
1593	1595		discharging passengers.
1594	1596		784
1595	1597		[(75)] (77) "Stop" when required means complete cessation from movement.
1596	1598		785
1597	1599		[(76)] (78) "Stop" or "stopping" when prohibited means any halting even momentarily of a
1598	1600		786
1599	1601		vehicle, whether occupied or not, except when:
1600	1602		787
1601	1603		(a) necessary to avoid conflict with other traffic; or
1602	1604		788
1603	1605		(b) in compliance with the directions of a peace officer or traffic-control device.
1604	1606		789
1605	1607		[(77)] (79) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain type I
1606	1608		790
1607	1609		vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
1608	1610		791
1609	1611		the requirements of Section 41-6a-1509 to operate on highways in the state in
1610	1612		792
1611	1613		accordance with Section 41-6a-1509.
1612	1614		793
1613	1615		[(78)] (80) "Street-legal novel vehicle" means a vehicle registered as a novel vehicle under
1614	1616		794
1615	1617		Section 41-27-201 that is modified to meet the requirements of Section 41-6a-1509 to
1616	1618		795
1617	1619		operate on highways in the state in accordance with [with ]Section 41-6a-1509.
1618	1620		796
1619	1621		[(79)] (81) "Tow truck operator" means the same as that term is defined in Section 72-9-102.
1620	1622		797
1621	1623		[(80)] (82) "Tow truck motor carrier" means the same as that term is defined in Section
1622	1624		798
1623	1625		72-9-102.
1624	1626		799
1625	1627		[(81)] (83) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
1626	1628		800
1627	1629		conveyances either singly or together while using any highway for the purpose of travel.
1628	1630		801
1629	1631		[(82)] (84) "Traffic signal preemption device" means an instrument or mechanism designed,
1630	1632		802
1631	1633		intended, or used to interfere with the operation or cycle of a traffic-control signal.
1632	1634		803
1633	1635		[(83)] (85) "Traffic-control device" means a sign, signal, marking, or device not inconsistent
1634	1636		804
1635	1637		with this chapter placed or erected by a highway authority for the purpose of regulating,
1636	1638		805
1637	1639		warning, or guiding traffic.
1638	1640		806
1639	1641		[(84)] (86) "Traffic-control signal" means a device, whether manually, electrically, or
1640	1642		807
1641	1643		mechanically operated, by which traffic is alternately directed to stop and permitted to
1642	1644		808
1643	1645		proceed.
1644	1646		809
1645	1647		[(85)] (87)(a) "Trailer" means a vehicle with or without motive power designed for
1646		-	- 24 - Enrolled Copy S.B. 195
1647	1648		810
1648	1649		carrying persons or property and for being drawn by a motor vehicle and constructed
	1650	+	- 24 - 03-06 08:58 7th Sub. (Buff) S.B. 195
1649	1651		811
1650	1652		so that no part of its weight rests upon the towing vehicle.
1651	1653		812
1652	1654		(b) "Trailer" does not include a pole trailer.
1653	1655		813
1654	1656		[(86)] (88) "Truck" means a motor vehicle designed, used, or maintained primarily for the
1655	1657		814
1656	1658		transportation of property.
1657	1659		815
1658	1660		[(87)] (89) "Truck tractor" means a motor vehicle:
1659	1661		816
1660	1662		(a) designed and used primarily for drawing other vehicles; and
1661	1663		817
1662	1664		(b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
1663	1665		818
1664	1666		tractor.
1665	1667		819
1666	1668		[(88)] (90) "Two-way left turn lane" means a lane:
1667	1669		820
1668	1670		(a) provided for vehicle operators making left turns in either direction;
1669	1671		821
1670	1672		(b) that is not used for passing, overtaking, or through travel; and
1671	1673		822
1672	1674		(c) that has been indicated by a lane traffic-control device that may include lane
1673	1675		823
1674	1676		markings.
1675	1677		824
1676	1678		[(89)] (91) "Urban district" means the territory contiguous to and including any street, in
1677	1679		825
1678	1680		which structures devoted to business, industry, or dwelling houses are situated at
1679	1681		826
1680	1682		intervals of less than 100 feet, for a distance of a quarter of a mile or more.
1681	1683		827
1682	1684		[(90)] (92) "Vehicle" means a device in, on, or by which a person or property is or may be
1683	1685		828
1684	1686		transported or drawn on a highway, except a mobile carrier, as defined in Section
1685	1687		829
1686	1688		41-6a-1120, or a device used exclusively on stationary rails or tracks.
1687	1689		830
1688	1690		Section 5. Section 41-6a-1102 is amended to read:
1689	1691		831
1690	1692		41-6a-1102 (Effective 05/07/25). Bicycle and device propelled by human power
1691	1693		832
1692	1694		and moped riders subject to chapter -- Exception.
1693	1695		833
1694	1696		(1) Except as provided under Subsection (2) or as otherwise specified under this part, a
1695	1697		834
1696	1698		person operating a bicycle, a vehicle or device propelled by human power, an electric
1697	1699		835
1698	1700		unicycle, or a moped has all the rights and is subject to the provisions of this chapter
1699	1701		836
1700	1702		applicable to the operator of any other vehicle.
1701	1703		837
1702	1704		(2) A person operating a nonmotorized bicycle or a vehicle or device propelled by human
1703	1705		838
1704	1706		power is not subject to the penalties related to operator licenses under alcohol and
1705	1707		839
1706	1708		drug-related traffic offenses.
1707	1709		840
1708	1710		Section 6. Section 41-6a-1116 is amended to read:
1709	1711		841
1710	1712		41-6a-1116 (Effective 05/07/25). Electric personal assistive mobility devices --
1711	1713		842
1712	1714		Conflicting provisions -- Restrictions -- Penalties.
1713	1715		843
1714	1716		(1)(a) Except as otherwise provided in this section, an electric personal assistive
1715		-	- 25 - S.B. 195 Enrolled Copy
1716	1717		844
1717	1718		mobility device is subject to the provisions under this chapter for a bicycle, moped,
	1719	+	- 25 - 7th Sub. (Buff) S.B. 195 03-06 08:58
1718	1720		845
1719	1721		or a motor-driven cycle.
1720	1722		846
1721	1723		(b) For a person operating an electric personal assistive mobility device, the following
1722	1724		847
1723	1725		provisions do not apply:
1724	1726		848
1725	1727		(i) seating positions under Section 41-6a-1501;
1726	1728		849
1727	1729		(ii) required lights, horns, and mirrors under Section 41-6a-1506;
1728	1730		850
1729	1731		(iii) entitlement to full use of a lane under Subsection 41-6a-1502(1); and
1730	1732		851
1731	1733		(iv) driver licensing requirements under Section 53-3-202.
1732	1734		852
1733	1735		(2) A person under 15 years[ of age ] old may not operate an electric personal assistive
1734	1736		853
1735	1737		mobility device using the motor unless the person is under the direct supervision of the
1736	1738		854
1737	1739		person's parent or guardian.
1738	1740		855
1739	1741		(3) A person may not operate an electric personal assistive mobility device:
1740	1742		856
1741	1743		(a) on a highway consisting of a total of four or more lanes designated for regular
1742	1744		857
1743	1745		vehicular traffic, except when operating in a lane designated for bicycle traffic;
1744	1746		858
1745	1747		(b) on a highway with a posted speed limit greater than 35 miles per hour, except when
1746	1748		859
1747	1749		operating in a lane designated for bicycle traffic; or
1748	1750		860
1749	1751		(c) that has been structurally or mechanically altered from the original manufacturer's
1750	1752		861
1751	1753		design.
1752	1754		862
1753	1755		(4) An owner may not authorize or knowingly permit a person to operate an electric
1754	1756		863
1755	1757		personal assistive mobility device in violation of this section.
1756	1758		864
1757	1759		(5) A person may operate an electric personal assistive mobility device on a sidewalk if the
1758	1760		865
1759	1761		operation does not:
1760	1762		866
1761	1763		(a) exceed a speed which is greater than is reasonable or prudent having due regard for
1762	1764		867
1763	1765		weather, visibility, and pedestrians; or
1764	1766		868
1765	1767		(b) endanger the safety of other persons or property.
1766	1768		869
1767	1769		(6) A person operating an electric personal assistive mobility device shall yield to a
1768	1770		870
1769	1771		pedestrian or other person using a mobility aid.
1770	1772		871
1771	1773		(7)(a) An electric personal assistive mobility device may be operated on:
1772	1774		872
1773	1775		(i) a path or trail designed for the use of a bicycle; or
1774	1776		873
1775	1777		(ii) on a highway where a bicycle is allowed[ if the speed limit on the highway does
1776	1778		874
1777	1779		not exceed 35 miles per hour.] , including any lane designated for bicycle traffic
1778	1780		875
1779	1781		regardless of the posted speed limit or number of general purpose lanes.
1780	1782		876
1781	1783		(b) A person operating an electric personal assistive mobility device in an area described
1782	1784		877
1783	1785		in Subsection (7)(a)(i) or (ii) is subject to the laws governing bicycles.
1784		-	- 26 - Enrolled Copy S.B. 195
1785	1786		878
1786	1787		(8) A person may operate an electric personal assistive mobility device at night if the device
	1788	+	- 26 - 03-06 08:58 7th Sub. (Buff) S.B. 195
1787	1789		879
1788	1790		is equipped with or the operator is wearing:
1789	1791		880
1790	1792		(a) a lamp pointing to the front that emits a white light visible from a distance of not less
1791	1793		881
1792	1794		than 300 feet in front of the device; and
1793	1795		882
1794	1796		(b) front, rear, and side reflectors.
1795	1797		883
1796	1798		(9) A person may not operate an electric personal assistive mobility device while carrying
1797	1799		884
1798	1800		an article that prevents the person from keeping both hands on the handlebars or
1799	1801		885
1800	1802		interferes with the person's ability to safely operate the electric personal assistive
1801	1803		886
1802	1804		mobility device.
1803	1805		887
1804	1806		(10) Only one person may operate an electric personal assistive mobility device at a time.
1805	1807		888
1806	1808		(11) A person may not park an electric personal assistive mobility device on a highway or
1807	1809		889
1808	1810		sidewalk in a manner that obstructs vehicular or pedestrian traffic.
1809	1811		890
1810	1812		(12) A person who violates this section is guilty of an infraction.
1811	1813		891
1812	1814		Section 7. Section 41-6a-1121 is enacted to read:
1813	1815		892
1814	1816		41-6a-1121 (Effective 05/07/25). Electric unicycles.
1815	1817		893
1816	1818		(1)(a) Except as otherwise provided in this section, an electric unicycle is subject to the
1817	1819		894
1818	1820		provisions under this chapter for a bicycle.
1819	1821		895
1820		-	(b) For an individual operating an electric unicycle, the following provisions do not
	1822	+	(b) For a individual operating an electric unicycle, the following provisions do not apply:
1821	1823		896
1822		-	~~apply:~~
	1824	+	(i) seating positions and handle bar usage under Sections 41-6a-1112 and 41-6a-1501;
1823	1825		897
1824		-	(i) ~~seating positions~~ and ~~handle bar usage~~ under ~~Sections~~ 41-6a-~~1112~~ and ~~41-6a-1501;~~
	1826	+	(ii) required lights, horns, and mirrors under Section 41-6a-1506; and
1825	1827		898
1826		-	(ii) ~~required lights,~~ ~~horns, and mirrors~~ under Section ~~41-6a-1506; and~~
	1828	+	(iii) driver licensing requirements under Section 53-3-202.
1827	1829		899
1828		-	(~~iii~~) ~~driver licensing requirements under Section 53-3-202.~~
	1830	+	(c) A individual may operate an electric unicycle across a roadway in a crosswalk,
1829	1831		900
1830		-	~~(c) A~~ individual may operate an electric unicycle ~~across a roadway~~ in a ~~crosswalk,~~
	1832	+	except that the individual may not operate the electric unicycle in a negligent manner
1831	1833		901
1832		-	~~except that~~ the ~~individual may not operate the electric unicycle in a negligent manner~~
	1834	+	in the crosswalk:
1833	1835		902
1834		-	~~in the crosswalk~~:
	1836	+	(i) so as to collide with a:
1835	1837		903
1836		-	(i) ~~so as to collide with a:~~
	1838	+	(A) pedestrian; or
1837	1839		904
1838		-	(A) ~~pedestrian;~~ or
	1840	+	(B) individual operating a bicycle, vehicle, or device propelled by human power;
1839	1841		905
1840		-	~~(B) individual operating a bicycle, vehicle,~~ or ~~device propelled by human power;~~
	1842	+	or
1841	1843		906
1842		-	or
	1844	+	(ii) at a speed greater than is reasonable and prudent under the existing conditions,
1843	1845		907
1844		-	~~(ii) at a speed greater than is reasonable~~ and ~~prudent under the~~ existing ~~conditions,~~
	1846	+	giving regard to the actual and potential hazards then existing.
1845	1847		908
	1848	+	(2) A individual may not operate an electric unicycle:
	1849	+	909
	1850	+	(a) on public property posted as an area prohibiting bicycles;
	1851	+	910
	1852	+	(b) that has been structurally or mechanically altered from the original manufacturer's
	1853	+	911
	1854	+	design, except for an alteration by, or done at the request of, a individual who rents
	1855	+	912
	1856	+	the electric unicycle to lower the maximum speed for the electric unicycle; or
	1857	+	- 27 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	1858	+	913
	1859	+	(c) at a speed of greater than 28 miles per hour or in violation of Subsection
	1860	+	914
	1861	+	41-6a-1115.1(3).
	1862	+	915
	1863	+	(3) A individual who violates this section is guilty of an infraction.
	1864	+	916
	1865	+	Section 8. Section 41-6a-1122 is enacted to read:
	1866	+	917
	1867	+	41-6a-1122 (Effective 05/07/25). Self-balancing electric skateboards.
	1868	+	918
	1869	+	(1) Except as otherwise provided in this section, a self-balancing electric skateboard is
	1870	+	919
	1871	+	subject to the provisions under this chapter for a bicycle.
	1872	+	920
	1873	+	(2) For a person operating a self-balancing electric skateboard, the following provisions do
	1874	+	921
	1875	+	not apply:
	1876	+	922
	1877	+	(a) any reference to seating positions and handle bar usage, including under Sections
	1878	+	923
	1879	+	41-6a-1112 and 41-6a-1501;
	1880	+	924
	1881	+	(b) required lights, horns, and mirrors under Section 41-6a-1506; and
	1882	+	925
	1883	+	(c) driver licensing requirements under Section 53-3-202.
	1884	+	926
	1885	+	(3) A person may operate a self-balancing electric skateboard across a roadway in a
	1886	+	927
	1887	+	crosswalk, except that the person may not operate the self-balancing electric skateboard
	1888	+	928
	1889	+	in a negligent manner in the crosswalk:
	1890	+	929
	1891	+	(a) so as to collide with a:
	1892	+	930
	1893	+	(i) pedestrian; or
	1894	+	931
	1895	+	(ii) person operating a bicycle, vehicle, or device propelled by human power; or
	1896	+	932
	1897	+	(b) at a speed greater than is reasonable and prudent under the existing conditions,
	1898	+	933
1846	1899		giving regard to the actual and potential hazards then existing.
1847		-	909
1848		-	(2) An individual may not operate an electric unicycle:
1849		-	910
1850		-	(a) on public property posted as an area prohibiting bicycles;
1851		-	911
1852		-	(b) that has been structurally or mechanically altered from the original manufacturer's
1853		-	- 27 - S.B. 195 Enrolled Copy
1854		-	912
1855		-	design, except for an alteration by, or done at the request of, an individual who rents
1856		-	913
1857		-	the electric unicycle to lower the maximum speed for the electric unicycle; or
1858		-	914
1859		-	(c) at a speed of greater than 28 miles per hour or in violation of Subsection
1860		-	915
1861		-	41-6a-1115.1(3).
1862		-	916
1863		-	(3) A individual who violates this section is guilty of an infraction.
1864		-	917
1865		-	Section 8. Section 41-6a-1122 is enacted to read:
1866		-	918
1867		-	41-6a-1122 (Effective 05/07/25). Self-balancing electric skateboards.
1868		-	919
1869		-	(1) Except as otherwise provided in this section, a self-balancing electric skateboard is
1870		-	920
1871		-	subject to the provisions under this chapter for a bicycle.
1872		-	921
1873		-	(2) For a person operating a self-balancing electric skateboard, the following provisions do
1874		-	922
1875		-	not apply:
1876		-	923
1877		-	(a) any reference to seating positions and handle bar usage, including under Sections
1878		-	924
1879		-	41-6a-1112 and 41-6a-1501;
1880		-	925
1881		-	(b) required lights, horns, and mirrors under Section 41-6a-1506; and
1882		-	926
1883		-	(c) driver licensing requirements under Section 53-3-202.
1884		-	927
1885		-	(3) A person may operate a self-balancing electric skateboard across a roadway in a
1886		-	928
1887		-	crosswalk, except that the person may not operate the self-balancing electric skateboard
1888		-	929
1889		-	in a negligent manner in the crosswalk:
1890		-	930
1891		-	(a) so as to collide with a:
1892		-	931
1893		-	(i) pedestrian; or
1894		-	932
1895		-	(ii) person operating a bicycle, vehicle, or device propelled by human power; or
1896		-	933
1897		-	(b) at a speed greater than is reasonable and prudent under the existing conditions,
1898	1900		934
1899		-	~~giving regard~~ to ~~the actual and potential hazards then existing.~~
	1901	+	Section 9. Section 41-6a-1642 is amended to read:
1900	1902		935
1901		-	~~Section 9. Section~~ 41-6a-1642 ~~is amended to read:~~
	1903	+	41-6a-1642 (Effective 05/07/25). Emissions inspection -- County program.
1902	1904		936
1903		-	~~41-6a-1642 (Effective~~ ~~05/07/25). Emissions inspection --~~ County ~~program.~~
	1905	+	(1) The legislative body of each county required under federal law to utilize a motor vehicle
1904	1906		937
1905		-	~~(1) The legislative body of each county required under federal law to utilize a motor vehicle~~
	1907	+	emissions inspection and maintenance program or in which an emissions inspection and
1906	1908		938
1907		-	~~emissions inspection and~~ maintenance program or ~~in which an emissions inspection and~~
	1909	+	maintenance program is necessary to attain or maintain any national ambient air quality
1908	1910		939
1909		-	~~maintenance program is necessary to attain or maintain any national ambient air quality~~
	1911	+	standard shall require:
1910	1912		940
1911		-	~~standard shall require:~~
	1913	+	(a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle is
1912	1914		941
1913		-	~~(a) a certificate of~~ emissions inspection~~, a waiver,~~ ~~or other evidence the motor vehicle is~~
	1915	+	exempt from emissions inspection and maintenance program requirements be
1914	1916		942
1915		-	~~exempt from emissions inspection and maintenance program requirements be~~
	1917	+	presented:
1916	1918		943
1917		-	~~presented:~~
	1919	+	(i) as a condition of registration or renewal of registration; and
1918	1920		944
1919		-	(i) as ~~a condition of registration or renewal of registration;~~ ~~and~~
	1921	+	(ii) at other times as the county legislative body may require to enforce inspection
1920	1922		945
1921		-	(ii) at other times as the county legislative body may require to enforce inspection
1922		-	- 28 - Enrolled Copy S.B. 195
	1923	+	requirements for individual motor vehicles, except that the county legislative body
1923	1924		946
1924		-	requirements for individual motor vehicles, except that the county legislative body
	1925	+	may not routinely require a certificate of emissions inspection, or waiver of the
	1926	+	- 28 - 03-06 08:58 7th Sub. (Buff) S.B. 195
1925	1927		947
1926		-	~~may not routinely require a~~ certificate ~~of emissions inspection~~, ~~or waiver of the~~
	1928	+	certificate, more often than required under Subsection (9); and
1927	1929		948
1928		-	~~certificate, more often than required under Subsection (9); and~~
	1930	+	(b) compliance with this section for a motor vehicle registered or principally operated in
1929	1931		949
1930		-	~~(b) compliance with this section for~~ a ~~motor vehicle registered or principally operated in~~
	1932	+	the county and owned by or being used by a department, division, instrumentality,
1931	1933		950
1932		-	~~the county and owned by~~ or ~~being used by a department, division, instrumentality,~~
	1934	+	agency, or employee of:
1933	1935		951
1934		-	~~agency, or employee of:~~
	1936	+	(i) the federal government;
1935	1937		952
1936		-	(i) the ~~federal government~~;
	1938	+	(ii) the state and any of its agencies; or
1937	1939		953
1938		-	(ii) the state ~~and any of its agencies; or~~
	1940	+	(iii) a political subdivision of the state, including school districts.
1939	1941		954
1940		-	(~~iii~~) a ~~political subdivision of the state,~~ ~~including school districts.~~
	1942	+	(2)(a) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
1941	1943		955
1942		-	~~(2)(a) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle~~ emissions
	1944	+	inspection and maintenance program certificate of emissions inspection as described
1943	1945		956
1944		-	~~inspection and maintenance~~ program ~~certificate of emissions inspection as described~~
	1946	+	in Subsection (1), but the program may not deny vehicle registration based solely on
1945	1947		957
1946		-	in ~~Subsection (1), but~~ the ~~program may not deny vehicle registration based solely on~~
	1948	+	the presence of a defeat device covered in the Volkswagen partial consent decrees or
1947	1949		958
1948		-	~~the presence of~~ a ~~defeat device covered~~ in ~~the Volkswagen partial consent decrees or~~
	1950	+	a United States Environmental Protection Agency-approved vehicle modification in
1949	1951		959
1950		-	~~a United States Environmental Protection Agency-approved vehicle modification in~~
	1952	+	the following vehicles:
1951	1953		960
1952		-	~~the following vehicles:~~
	1954	+	(i) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1953	1955		961
1954		-	~~(i)~~ a ~~2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide~~
	1956	+	emissions are mitigated in the state pursuant to a partial consent decree, including:
1955	1957		962
1956		-	~~emissions are mitigated in the state pursuant to a partial consent decree~~, ~~including:~~
	1958	+	(A) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
1957	1959		963
1958		-	(A) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, ~~2014, and 2015;~~
	1960	+	(B) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013,
1959	1961		964
1960		-	~~(B) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013,~~
	1962	+	and 2014;
1961	1963		965
1962		-	and ~~2014~~;
	1964	+	(C) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
1963	1965		966
1964		-	(C) Volkswagen Golf, model ~~years 2010, 2011, 2012, 2013, 2014, and~~ 2015;
	1966	+	(D) Volkswagen Golf Sportwagen, model year 2015;
1965	1967		967
1966		-	(D) Volkswagen ~~Golf Sportwagen~~, model ~~year~~ 2015;
	1968	+	(E) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
1967	1969		968
1968		-	(E) Volkswagen ~~Passat~~, model years ~~2012,~~ 2013, 2014, and 2015;
	1970	+	(F) Volkswagen Beetle, model years 2013, 2014, and 2015;
1969	1971		969
1970		-	(F) Volkswagen Beetle, model years 2013, 2014, and 2015;
	1972	+	(G) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
1971	1973		970
1972		-	(G) ~~Volkswagen Beetle Convertible~~, model years ~~2013~~, ~~2014~~, and 2015; and
	1974	+	(H) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
1973	1975		971
1974		-	(H) ~~Audi A3,~~ ~~model years 2010,~~ ~~2011, 2012,~~ ~~2013, and 2015;~~ ~~and~~
	1976	+	(ii) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1975	1977		972
1976		-	~~(ii)~~ a ~~3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide~~
	1978	+	emissions are mitigated in the state to a settlement, including:
1977	1979		973
1978		-	~~emissions are mitigated in the state to a settlement~~, ~~including:~~
	1980	+	(A) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015,
1979	1981		974
1980		-	~~(A) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015,~~
	1982	+	and 2016;
1981	1983		975
1982		-	and 2016;
	1984	+	(B) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
1983	1985		976
1984		-	(B) Audi Q7, model years ~~2009, 2010, 2011, 2012, 2013,~~ 2014, 2015, and 2016;
	1986	+	(C) Audi A6 Quattro, model years 2014, 2015, and 2016;
1985	1987		977
1986		-	(C) Audi A6 Quattro, model years 2014, 2015, and 2016;
	1988	+	(D) Audi A7 Quattro, model years 2014, 2015, and 2016;
1987	1989		978
1988		-	(D) Audi ~~A7 Quattro~~, model years 2014, 2015, and 2016;
	1990	+	(E) Audi A8, model years 2014, 2015, and 2016;
1989	1991		979
1990		-	(E) Audi A8, model years 2014, 2015, and 2016;
1991		-	- 29 - S.B. 195 Enrolled Copy
	1992	+	(F) Audi A8L, model years 2014, 2015, and 2016;
1992	1993		980
1993		-	(F) Audi A8L, model years 2014, 2015, and 2016;
	1994	+	(G) Audi Q5, model years 2014, 2015, and 2016; and
	1995	+	- 29 - 7th Sub. (Buff) S.B. 195 03-06 08:58
1994	1996		981
1995		-	(G) ~~Audi Q5~~, model years 2014, 2015, and 2016~~; and~~
	1997	+	(H) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
1996	1998		982
1997		-	(H) ~~Porsche Cayenne Diesel,~~ ~~model years 2013,~~ ~~2014, 2015,~~ ~~and 2016.~~
	1999	+	(b)(i) An owner of a restored-modified vehicle subject to Subsection (1) shall obtain
1998	2000		983
1999		-	~~(b)(i) An owner of~~ a ~~restored-modified~~ vehicle ~~subject to Subsection (1) shall obtain~~
	2001	+	a motor vehicle emissions inspection and maintenance program certificate of
2000	2002		984
2001		-	~~a motor vehicle~~ emissions inspection ~~and maintenance program certificate of~~
	2003	+	emissions inspection as described in Subsection (1).
2002	2004		985
2003		-	emissions inspection ~~as described in Subsection (1).~~
	2005	+	(ii) A county emissions program may not refuse to perform an emissions inspection
2004	2006		986
2005		-	~~(ii)~~ A ~~county~~ emissions ~~program may not refuse~~ to ~~perform an emissions inspection~~
	2007	+	or indicate a failed emissions test of the vehicle based solely on a modification to
2006	2008		987
2007		-	or ~~indicate a failed emissions test~~ of the vehicle ~~based solely on a modification to~~
	2009	+	the engine or component of the motor vehicle if:
2008	2010		988
2009		-	the ~~engine or component of~~ the motor vehicle ~~if:~~
	2011	+	(A) the modification is not likely to result in the motor vehicle having increased
2010	2012		989
2011		-	~~(A)~~ the ~~modification is not likely to result in~~ the motor vehicle ~~having increased~~
	2013	+	emissions relative to the emissions of the motor vehicle before the
2012	2014		990
2013		-	~~emissions relative to the emissions of the motor vehicle before the~~
	2015	+	modification; and
2014	2016		991
2015		-	modification~~; and~~
	2017	+	(B) the motor vehicle modification is a change to an engine that is newer than the
2016	2018		992
2017		-	~~(B)~~ the motor vehicle ~~modification is a change to an~~ engine ~~that is newer than the~~
	2019	+	engine with which the motor vehicle was originally equipped, or the engine
2018	2020		993
2019		-	~~engine with which~~ the ~~motor vehicle was originally equipped, or~~ the ~~engine~~
	2021	+	includes technology that increases the facility of the administration of an
2020	2022		994
2021		-	~~includes technology that increases the facility of the administration of~~ an
	2023	+	emissions test, such as an on-board diagnostics system.
2022	2024		995
2023		-	emissions ~~test, such~~ as ~~an on-board diagnostics system.~~
	2025	+	(iii) The first time an owner seeks to obtain an emissions inspection as a prerequisite
2024	2026		996
2025		-	~~(iii) The first time an owner seeks~~ to ~~obtain an emissions inspection as~~ a ~~prerequisite~~
	2027	+	to registration of a restored-modified vehicle:
2026	2028		997
2027		-	~~to registration of a restored-modified~~ ~~vehicle:~~
	2029	+	(A) the owner shall present the signed statement described in Subsection
2028	2030		998
2029		-	(A) ~~the owner shall present the signed statement described in Subsection~~
	2031	+	41-1a-226(4); and
2030	2032		999
2031		-	~~41-1a-226~~(4)~~; and~~
	2033	+	(B) the county emissions program shall perform the emissions test.
2032	2034		1000
2033		-	(B) the ~~county emissions program shall perform the emissions test.~~
	2035	+	(iv) If a motor vehicle is registered as a restored-modified vehicle and the registration
2034	2036		1001
2035		-	(iv) If a ~~motor vehicle is registered as a restored-modified vehicle and the registration~~
	2037	+	certificate is notated as described in Subsection 41-1a-226(4), a county emissions
2036	2038		1002
2037		-	~~certificate is notated as described in Subsection 41-1a-226(4), a county~~ emissions
	2039	+	program may not refuse to perform an emissions test based solely on the
2038	2040		1003
2039		-	~~program may not refuse to perform an emissions test based solely on~~ the
	2041	+	restored-modified status of the motor vehicle.
2040	2042		1004
2041		-	~~restored-modified status~~ of ~~the motor vehicle.~~
	2043	+	(3)(a) The legislative body of a county identified in Subsection (1), in consultation with
2042	2044		1005
2043		-	~~(3)(a)~~ The ~~legislative body of a county identified in Subsection (~~1), ~~in consultation with~~
	2045	+	the Air Quality Board created under Section 19-1-106, shall make regulations or
2044	2046		1006
2045		-	~~the Air Quality Board created under Section 19-1-106, shall make regulations or~~
	2047	+	ordinances regarding:
2046	2048		1007
2047		-	~~ordinances regarding:~~
	2049	+	(i) emissions standards;
2048	2050		1008
2049		-	(i) ~~emissions standards~~;
	2051	+	(ii) test procedures;
2050	2052		1009
2051		-	(ii) ~~test procedures~~;
	2053	+	(iii) inspections stations;
2052	2054		1010
2053		-	(~~iii~~) ~~inspections stations~~;
	2055	+	(iv) repair requirements and dollar limits for correction of deficiencies; and
2054	2056		1011
2055		-	(iv) ~~repair requirements and dollar limits for correction~~ of ~~deficiencies; and~~
	2057	+	(v) certificates of emissions inspections.
2056	2058		1012
2057		-	(v) ~~certificates of emissions inspections.~~
	2059	+	(b) In accordance with Subsection (3)(a), a county legislative body:
2058	2060		1013
2059		-	(b) In accordance with Subsection (3)(a), a county legislative body:
2060		-	- 30 - Enrolled Copy S.B. 195
	2061	+	(i) shall make regulations or ordinances to attain or maintain ambient air quality
2061	2062		1014
2062		-	(i) shall make regulations or ordinances to attain or maintain ambient air quality
	2063	+	standards in the county, consistent with the state implementation plan and federal
	2064	+	- 30 - 03-06 08:58 7th Sub. (Buff) S.B. 195
2063	2065		1015
2064		-	~~standards in the county, consistent with the state implementation plan and federal~~
	2066	+	requirements;
2065	2067		1016
2066		-	~~requirements~~;
	2068	+	(ii) may allow for a phase-in of the program by geographical area; and
2067	2069		1017
2068		-	(ii) ~~may allow for a phase-in of~~ the ~~program by geographical area;~~ and
	2070	+	(iii) shall comply with the analyzer design and certification requirements contained in
2069	2071		1018
2070		-	~~(iii) shall comply with~~ the ~~analyzer design and certification requirements contained in~~
	2072	+	the state implementation plan prepared under Title 19, Chapter 2, Air
2071	2073		1019
2072		-	~~the state implementation plan prepared under Title 19, Chapter 2, Air~~
	2074	+	Conservation Act.
2073	2075		1020
2074		-	~~Conservation Act.~~
	2076	+	(c) The county legislative body and the Air Quality Board shall give preference to an
2075	2077		1021
2076		-	~~(c) The county legislative body~~ and ~~the Air Quality Board shall give preference to an~~
	2078	+	inspection and maintenance program that:
2077	2079		1022
2078		-	~~inspection~~ and ~~maintenance program that:~~
	2080	+	(i) is decentralized, to the extent the decentralized program will attain and maintain
2079	2081		1023
2080		-	~~(i) is decentralized,~~ ~~to the extent the decentralized program will attain~~ and ~~maintain~~
	2082	+	ambient air quality standards and meet federal requirements;
2081	2083		1024
2082		-	~~ambient air quality standards~~ and ~~meet federal requirements;~~
	2084	+	(ii) is the most cost effective means to achieve and maintain the maximum benefit
2083	2085		1025
2084		-	~~(ii) is the most cost effective means~~ to ~~achieve~~ and ~~maintain the maximum benefit~~
	2086	+	with regard to ambient air quality standards and to meet federal air quality
2085	2087		1026
2086		-	~~with regard~~ to ~~ambient air quality standards~~ and ~~to meet federal air quality~~
	2088	+	requirements as related to vehicle emissions; and
2087	2089		1027
2088		-	~~requirements as related to vehicle emissions;~~ ~~and~~
	2090	+	(iii) provides a reasonable phase-out period for replacement of air pollution emission
2089	2091		1028
2090		-	~~(iii) provides a reasonable phase-out~~ ~~period for replacement of air pollution emission~~
	2092	+	testing equipment made obsolete by the program.
2091	2093		1029
2092		-	~~testing equipment made obsolete by~~ the ~~program.~~
	2094	+	(d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
2093	2095		1030
2094		-	(d) ~~The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:~~
	2096	+	(i) may be accomplished in accordance with applicable federal requirements; and
2095	2097		1031
2096		-	(i) ~~may be accomplished in accordance~~ with ~~applicable federal requirements;~~ and
	2098	+	(ii) does not otherwise interfere with the attainment and maintenance of ambient air
2097	2099		1032
2098		-	~~(ii) does not otherwise interfere with the attainment and maintenance of ambient air~~
	2100	+	quality standards.
2099	2101		1033
2100		-	~~quality standards.~~
	2102	+	(4) The following vehicles are exempt from an emissions inspection program and the
2101	2103		1034
2102		-	~~(4) The following vehicles are exempt from an emissions inspection program and the~~
	2104	+	provisions of this section:
2103	2105		1035
2104		-	~~provisions~~ of ~~this~~ section:
	2106	+	(a) an implement of husbandry as defined in Section 41-1a-102;
2105	2107		1036
2106		-	(a) ~~an implement of husbandry as defined in Section 41-1a-102;~~
	2108	+	(b) a motor vehicle that:
2107	2109		1037
2108		-	(b) a ~~motor vehicle that:~~
	2110	+	(i) meets the definition of a farm truck under Section 41-1a-102; and
2109	2111		1038
2110		-	(i) ~~meets the definition~~ of ~~a farm truck under Section 41-1a-102~~; ~~and~~
	2112	+	(ii) has a gross vehicle weight rating of 12,001 pounds or more;
2111	2113		1039
2112		-	(ii) ~~has~~ a ~~gross~~ vehicle ~~weight rating of 12,001 pounds or more;~~
	2114	+	(c) a vintage vehicle as defined in Section 41-21-1:
2113	2115		1040
2114		-	(c) a vintage vehicle ~~as defined in Section 41-21-1:~~
	2116	+	(i) if the vintage vehicle has a model year of 1982 or older; or
2115	2117		1041
2116		-	(i) ~~if the~~ vintage vehicle has a model year of ~~1982~~ or ~~older; or~~
	2118	+	(ii) for a vintage vehicle that has a model year of 1983 or newer, if the owner
2117	2119		1042
2118		-	~~(ii) for~~ a ~~vintage~~ vehicle ~~that has a model year of 1983 or newer, if the owner~~
	2120	+	provides proof of vehicle insurance that is a type specific to a vehicle collector;
2119	2121		1043
2120		-	~~provides proof of~~ vehicle ~~insurance that is a type specific to a vehicle collector~~;
	2122	+	(d) a custom vehicle as defined in Section 41-6a-1507;
2121	2123		1044
2122		-	(d) a ~~custom~~ vehicle ~~as defined in~~ Section 41-~~6a-1507~~;
	2124	+	(e) a vehicle registered as a novel vehicle under Section 41-27-201;
2123	2125		1045
2124		-	(e) ~~a vehicle registered as a novel vehicle~~ under ~~Section 41-27-201;~~
	2126	+	(f) to the extent allowed under the current federally approved state implementation plan,
2125	2127		1046
2126		-	~~(f) to~~ the ~~extent allowed under the current federally approved state implementation plan~~,
	2128	+	in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
2127	2129		1047
2128		-	in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
2129		-	- 31 - S.B. 195 Enrolled Copy
	2130	+	vehicle that is less than two years old on January 1 based on the age of the vehicle as
2130	2131		1048
2131		-	vehicle that is less than two years old on January 1 based on the age of the vehicle as
	2132	+	determined by the model year identified by the manufacturer;
	2133	+	- 31 - 7th Sub. (Buff) S.B. 195 03-06 08:58
2132	2134		1049
2133		-	~~determined by the model year identified by the manufacturer;~~
	2135	+	(g) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating of
2134	2136		1050
2135		-	~~(g) a~~ pickup truck~~, as defined in Section 41-1a-102, with~~ a ~~gross vehicle weight rating of~~
	2137	+	12,000 pounds or less, if the registered owner of the pickup truck provides a signed
2136	2138		1051
2137		-	~~12,000 pounds or less, if~~ the ~~registered owner of~~ the ~~pickup~~ truck ~~provides a signed~~
	2139	+	statement to the legislative body stating the truck is used:
2138	2140		1052
2139		-	~~statement to~~ the ~~legislative body stating the truck is used:~~
	2141	+	(i) by the owner or operator of a farm located on property that qualifies as land in
2140	2142		1053
2141		-	~~(i) by the owner or operator of a farm located on property that qualifies as land in~~
	2143	+	agricultural use under Sections 59-2-502 and 59-2-503; and
2142	2144		1054
2143		-	~~agricultural use under Sections 59-2-502 and 59-2-503; and~~
	2145	+	(ii) exclusively for the following purposes in operating the farm:
2144	2146		1055
2145		-	(ii) ~~exclusively~~ for the ~~following purposes in operating the~~ farm:
	2147	+	(A) for the transportation of farm products, including livestock and its products,
2146	2148		1056
2147		-	~~(A) for the transportation of farm products, including livestock~~ and its products,
	2149	+	poultry and its products, floricultural and horticultural products; and
2148	2150		1057
2149		-	~~poultry~~ and ~~its products, floricultural and horticultural products; and~~
	2151	+	(B) in the transportation of farm supplies, including tile, fence, and every other
2150	2152		1058
2151		-	~~(B)~~ in ~~the transportation of farm supplies~~, ~~including tile~~, ~~fence~~, ~~and every other~~
	2153	+	thing or commodity used in agricultural, floricultural, horticultural, livestock,
2152	2154		1059
2153		-	~~thing or commodity used in agricultural, floricultural, horticultural, livestock,~~
	2155	+	and poultry production and maintenance;
2154	2156		1060
2155		-	~~and poultry production and maintenance~~;
	2157	+	(h) a motorcycle as defined in Section 41-1a-102;
2156	2158		1061
2157		-	(h) ~~a motorcycle~~ as defined in Section 41-1a-102;
	2159	+	(i) an electric motor vehicle as defined in Section 41-1a-102;
2158	2160		1062
2159		-	(i) ~~an electric~~ motor vehicle ~~as defined in Section 41-1a-102~~;
	2161	+	(j) a motor vehicle with a model year of 1967 or older; and
2160	2162		1063
2161		-	(j) a ~~motor vehicle with a model year of 1967 or older; and~~
	2163	+	(k) a roadable aircraft as defined in Section 72-10-102.
2162	2164		1064
2163		-	(k) a ~~roadable aircraft as defined in Section 72-10-102.~~
	2165	+	(5) The county shall issue to the registered owner who signs and submits a signed statement
2164	2166		1065
2165		-	(5) ~~The county shall issue to the registered owner who signs and submits~~ a ~~signed statement~~
	2167	+	under Subsection (4)(g) a certificate of exemption from emissions inspection
2166	2168		1066
2167		-	~~under Subsection (4)(g) a certificate~~ of ~~exemption from emissions inspection~~
	2169	+	requirements for purposes of registering the exempt vehicle.
2168	2170		1067
2169		-	~~requirements for purposes~~ of ~~registering the~~ exempt ~~vehicle.~~
	2171	+	(6) A legislative body of a county described in Subsection (1) may exempt from an
2170	2172		1068
2171		-	~~(6)~~ A ~~legislative body of~~ a ~~county described in Subsection (1) may exempt from an~~
	2173	+	emissions inspection program a diesel-powered motor vehicle with a:
2172	2174		1069
2173		-	~~emissions inspection program a diesel-powered motor~~ vehicle ~~with a:~~
	2175	+	(a) gross vehicle weight rating of more than 14,000 pounds; or
2174	2176		1070
2175		-	(a) ~~gross vehicle weight rating~~ of ~~more than 14,000 pounds;~~ or
	2177	+	(b) model year of 1997 or older.
2176	2178		1071
2177		-	(b) ~~model year~~ of ~~1997 or older.~~
	2179	+	(7) The legislative body of a county required under federal law to utilize a motor vehicle
2178	2180		1072
2179		-	~~(7) The legislative body of a county required under federal law to utilize a motor vehicle~~
	2181	+	emissions inspection program shall require:
2180	2182		1073
2181		-	emissions inspection ~~program shall require~~:
	2183	+	(a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
2182	2184		1074
2183		-	(a) a ~~computerized emissions inspection for a diesel-powered motor vehicle that has:~~
	2185	+	(i) a model year of 2007 or newer;
2184	2186		1075
2185		-	(i) a ~~model year~~ of ~~2007~~ or ~~newer~~;
	2187	+	(ii) a gross vehicle weight rating of 14,000 pounds or less; and
2186	2188		1076
2187		-	(ii) a ~~gross vehicle weight rating of 14,000 pounds~~ or ~~less~~; and
	2189	+	(iii) a model year that is five years old or older; and
2188	2190		1077
2189		-	(~~iii~~) a ~~model year that is five years old or older;~~ ~~and~~
	2191	+	(b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
2190	2192		1078
2191		-	(b) a ~~visual inspection~~ of ~~emissions equipment for a diesel-powered motor vehicle:~~
	2193	+	(i) with a gross vehicle weight rating of 14,000 pounds or less;
2192	2194		1079
2193		-	(i) ~~with~~ a ~~gross vehicle weight rating~~ of ~~14,000 pounds~~ or ~~less~~;
	2195	+	(ii) that has a model year of 1998 or newer; and
2194	2196		1080
2195		-	(ii) that has a model year ~~of 1998~~ or ~~newer; and~~
	2197	+	(iii) that has a model year that is five years old or older.
2196	2198		1081
2197		-	(iii) that has a model year that is five years old or older.
2198		-	- 32 - Enrolled Copy S.B. 195
	2199	+	(8)(a) Subject to Subsection (8)(c), the legislative body of each county required under
2199	2200		1082
2200		-	(8)(a) Subject to Subsection (8)(c), the legislative body of each county required under
	2201	+	federal law to utilize a motor vehicle emissions inspection and maintenance program
	2202	+	- 32 - 03-06 08:58 7th Sub. (Buff) S.B. 195
2201	2203		1083
2202		-	~~federal law to utilize a motor vehicle~~ emissions inspection and maintenance program
	2204	+	or in which an emissions inspection and maintenance program is necessary to attain
2203	2205		1084
2204		-	or ~~in which an emissions inspection and maintenance program is necessary to attain~~
	2206	+	or maintain any national ambient air quality standard may require each college or
2205	2207		1085
2206		-	~~or maintain any national ambient air quality standard may~~ require ~~each college or~~
	2208	+	university located in a county subject to this section to require its students and
2207	2209		1086
2208		-	~~university located~~ in a county subject to this section ~~to require its students and~~
	2210	+	employees who park a motor vehicle not registered in a county subject to this section
2209	2211		1087
2210		-	~~employees who park a motor vehicle not registered in a~~ county ~~subject to this section~~
	2212	+	to provide proof of compliance with an emissions inspection accepted by the county
2211	2213		1088
2212		-	~~to provide proof of compliance with an emissions inspection accepted by~~ the ~~county~~
	2214	+	legislative body if the motor vehicle is parked on the college or university campus or
2213	2215		1089
2214		-	~~legislative body if the motor vehicle is parked on the college or university campus or~~
	2216	+	property.
2215	2217		1090
2216		-	~~property.~~
	2218	+	(b) College or university parking areas that are metered or for which payment is required
2217	2219		1091
2218		-	~~(b) College or university parking areas that~~ are ~~metered or for which payment is required~~
	2220	+	per use are not subject to the requirements of this Subsection (8).
2219	2221		1092
2220		-	~~per use are not subject to~~ the ~~requirements~~ of ~~this Subsection (8).~~
	2222	+	(c) The legislative body of a county shall make the reasons for implementing the
2221	2223		1093
2222		-	(c) The ~~legislative body of a county shall make~~ the ~~reasons for implementing~~ the
	2224	+	provisions of this Subsection (8) part of the record at the time that the county
2223	2225		1094
2224		-	provisions of this ~~Subsection (8) part of the record at the time that the county~~
	2226	+	legislative body takes its official action to implement the provisions of this
2225	2227		1095
2226		-	~~legislative body takes its official action to implement the provisions of this~~
	2228	+	Subsection (8).
2227	2229		1096
	2230	+	(9)(a) An emissions inspection station shall issue a certificate of emissions inspection for
	2231	+	1097
	2232	+	each motor vehicle that meets the inspection and maintenance program requirements
	2233	+	1098
	2234	+	established in regulations or ordinances made under Subsection (3).
	2235	+	1099
	2236	+	(b) The frequency of the emissions inspection shall be determined based on the age of
	2237	+	1100
	2238	+	the vehicle as determined by model year and shall be required annually subject to the
	2239	+	1101
	2240	+	provisions of Subsection (9)(c).
	2241	+	1102
	2242	+	(c)(i) To the extent allowed under the current federally approved state
	2243	+	1103
	2244	+	implementation plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec.
	2245	+	1104
	2246	+	7401 et seq., the legislative body of a county identified in Subsection (1) shall
	2247	+	1105
	2248	+	only require the emissions inspection every two years for each vehicle.
	2249	+	1106
	2250	+	(ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
	2251	+	1107
	2252	+	years old on January 1.
	2253	+	1108
	2254	+	(iii) For a county required to implement a new vehicle emissions inspection and
	2255	+	1109
	2256	+	maintenance program on or after December 1, 2012, under Subsection (1), but for
	2257	+	1110
	2258	+	which no current federally approved state implementation plan exists, a vehicle
	2259	+	1111
	2260	+	shall be tested at a frequency determined by the county legislative body, in
	2261	+	1112
	2262	+	consultation with the Air Quality Board created under Section 19-1-106, that is
	2263	+	1113
	2264	+	necessary to comply with federal law or attain or maintain any national ambient
	2265	+	1114
	2266	+	air quality standard.
	2267	+	1115
	2268	+	(iv) If a county legislative body establishes or changes the frequency of a vehicle
	2269	+	1116
	2270	+	emissions inspection and maintenance program under Subsection (9)(c)(iii), the
	2271	+	- 33 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	2272	+	1117
	2273	+	establishment or change shall take effect on January 1 if the State Tax
	2274	+	1118
	2275	+	Commission receives notice meeting the requirements of Subsection (9)(c)(v)
	2276	+	1119
	2277	+	from the county before October 1.
	2278	+	1120
	2279	+	(v) The notice described in Subsection (9)(c)(iv) shall:
	2280	+	1121
	2281	+	(A) state that the county will establish or change the frequency of the vehicle
	2282	+	1122
	2283	+	emissions inspection and maintenance program under this section;
	2284	+	1123
	2285	+	(B) include a copy of the ordinance establishing or changing the frequency; and
	2286	+	1124
	2287	+	(C) if the county establishes or changes the frequency under this section, state how
	2288	+	1125
	2289	+	frequently the emissions testing will be required.
	2290	+	1126
	2291	+	(d) If an emissions inspection is only required every two years for a vehicle under
	2292	+	1127
	2293	+	Subsection (9)(c), the inspection shall be required for the vehicle in:
	2294	+	1128
	2295	+	(i) odd-numbered years for vehicles with odd-numbered model years; or
	2296	+	1129
	2297	+	(ii) in even-numbered years for vehicles with even-numbered model years.
	2298	+	1130
	2299	+	(10)(a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
	2300	+	1131
	2301	+	required under this section may be made no more than two months before the
	2302	+	1132
	2303	+	renewal of registration.
	2304	+	1133
	2305	+	(b)(i) If the title of a used motor vehicle is being transferred, the owner may use an
	2306	+	1134
	2307	+	emissions inspection certificate issued for the motor vehicle during the previous
	2308	+	1135
	2309	+	11 months to satisfy the requirement under this section.
	2310	+	1136
	2311	+	(ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner
	2312	+	1137
	2313	+	may use an emissions inspection certificate issued for the motor vehicle in a
	2314	+	1138
	2315	+	licensed and bonded motor vehicle dealer's name during the previous 11 months to
	2316	+	1139
	2317	+	satisfy the requirement under this section.
	2318	+	1140
	2319	+	(c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
	2320	+	1141
	2321	+	lessee may use an emissions inspection certificate issued during the previous 11
	2322	+	1142
	2323	+	months to satisfy the requirement under this section.
	2324	+	1143
	2325	+	(d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not use
	2326	+	1144
	2327	+	an emissions inspection made more than 11 months before the renewal of registration
	2328	+	1145
	2329	+	to satisfy the requirement under this section.
	2330	+	1146
	2331	+	(e) If the application for renewal of registration is for a six-month registration period
	2332	+	1147
	2333	+	under Section 41-1a-215.5, the owner may use an emissions inspection certificate
	2334	+	1148
	2335	+	issued during the previous eight months to satisfy the requirement under this section.
	2336	+	1149
	2337	+	(11)(a) A county identified in Subsection (1) shall collect information about and monitor
	2338	+	1150
	2339	+	the program.
	2340	+	- 34 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	2341	+	1151
	2342	+	(b) A county identified in Subsection (1) shall supply this information to[ an appropriate
	2343	+	1152
	2344	+	legislative committee, as designated by the Legislative Management Committee,
	2345	+	1153
	2346	+	at times determined by the designated committee ] the Transportation Interim
	2347	+	1154
	2348	+	Committee to identify program needs, including funding needs.
	2349	+	1155
	2350	+	(12) If approved by the county legislative body, a county that had an established emissions
	2351	+	1156
	2352	+	inspection fee as of January 1, 2002, may increase the established fee that an emissions
	2353	+	1157
	2354	+	inspection station may charge by $2.50 for each year that is exempted from emissions
	2355	+	1158
	2356	+	inspections under Subsection (9)(c) up to a $7.50 increase.
	2357	+	1159
	2358	+	(13)(a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
	2359	+	1160
	2360	+	Subsection (1) may impose a local emissions compliance fee on each motor vehicle
	2361	+	1161
	2362	+	registration within the county in accordance with the procedures and requirements of
	2363	+	1162
	2364	+	Section 41-1a-1223.
	2365	+	1163
	2366	+	(b) A county that imposes a local emissions compliance fee may use revenues generated
	2367	+	1164
	2368	+	from the fee for the establishment and enforcement of an emissions inspection and
	2369	+	1165
	2370	+	maintenance program in accordance with the requirements of this section.
	2371	+	1166
	2372	+	(c) A county that imposes a local emissions compliance fee may use revenues generated
	2373	+	1167
	2374	+	from the fee to promote programs to maintain a local, state, or national ambient air
	2375	+	1168
	2376	+	quality standard.
	2377	+	1169
	2378	+	(14)(a) If a county has reason to believe that a vehicle owner has provided an address as
	2379	+	1170
	2380	+	required in Section 41-1a-209 to register or attempt to register a motor vehicle in a
	2381	+	1171
	2382	+	county other than the county of the bona fide residence of the owner in order to avoid
	2383	+	1172
	2384	+	an emissions inspection required under this section, the county may investigate and
	2385	+	1173
	2386	+	gather evidence to determine whether the vehicle owner has used a false address or
	2387	+	1174
	2388	+	an address other than the vehicle owner's bona fide residence or place of business.
	2389	+	1175
	2390	+	(b) If a county conducts an investigation as described in Subsection (14)(a) and
	2391	+	1176
	2392	+	determines that the vehicle owner has used a false or improper address in an effort to
	2393	+	1177
	2394	+	avoid an emissions inspection as required in this section, the county may impose a
	2395	+	1178
	2396	+	civil penalty of $1,000.
	2397	+	1179
	2398	+	(15) A county legislative body described in Subsection (1) may exempt a motor vehicle
	2399	+	1180
	2400	+	from an emissions inspection if:
	2401	+	1181
	2402	+	(a) the motor vehicle is 30 years old or older;
	2403	+	1182
	2404	+	(b) the county determines that the motor vehicle was driven less than 1,500 miles during
	2405	+	1183
	2406	+	the preceding 12-month period; and
	2407	+	1184
	2408	+	(c) the owner provides to the county legislative body a statement signed by the owner
	2409	+	- 35 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	2410	+	1185
	2411	+	that states the motor vehicle:
	2412	+	1186
	2413	+	(i) is primarily a collector's item used for:
	2414	+	1187
	2415	+	(A) participation in club activities;
	2416	+	1188
	2417	+	(B) exhibitions;
	2418	+	1189
	2419	+	(C) tours; or
	2420	+	1190
	2421	+	(D) parades; or
	2422	+	1191
	2423	+	(ii) is only used for occasional transportation.
	2424	+	1192
	2425	+	Section 10. Section 53-2a-1102 is amended to read:
	2426	+	1193
	2427	+	53-2a-1102 (Effective 05/07/25). Search and Rescue Financial Assistance
	2428	+	1194
	2429	+	Program -- Uses -- Rulemaking -- Distribution.
	2430	+	1195
	2431	+	(1) As used in this section:
	2432	+	1196
	2433	+	(a) "Assistance card program" means the Utah Search and Rescue Assistance Card
	2434	+	1197
	2435	+	Program created within this section.
	2436	+	1198
	2437	+	(b) "Card" means the Search and Rescue Assistance Card issued under this section to a
	2438	+	1199
	2439	+	participant.
	2440	+	1200
	2441	+	(c) "Participant" means an individual, family, or group who is registered pursuant to this
	2442	+	1201
	2443	+	section as having a valid card at the time search, rescue, or both are provided.
	2444	+	1202
	2445	+	(d) "Program" means the Search and Rescue Financial Assistance Program created
	2446	+	1203
	2447	+	within this section.
	2448	+	1204
	2449	+	(e)(i) "Reimbursable base expenses" means those reasonable expenses incidental to
	2450	+	1205
	2451	+	search and rescue activities.
	2452	+	1206
	2453	+	(ii) "Reimbursable base expenses" include:
	2454	+	1207
	2455	+	(A) rental for fixed wing aircraft, snowmobiles, boats, and generators;
	2456	+	1208
	2457	+	(B) replacement and upgrade of search and rescue equipment;
	2458	+	1209
	2459	+	(C) training of search and rescue volunteers;
	2460	+	1210
	2461	+	(D) costs of providing life insurance and workers' compensation benefits for
	2462	+	1211
	2463	+	volunteer search and rescue team members under Section 67-20-7.5; and
	2464	+	1212
	2465	+	(E) any other equipment or expenses necessary or appropriate for conducting
	2466	+	1213
	2467	+	search and rescue activities.
	2468	+	1214
	2469	+	(iii) "Reimbursable base expenses" do not include any salary or overtime paid to an
	2470	+	1215
	2471	+	individual on a regular or permanent payroll, including permanent part-time
	2472	+	1216
	2473	+	employees of any agency of the state.
	2474	+	1217
	2475	+	(f) "Rescue" means search services, rescue services, or both search and rescue services.
	2476	+	1218
	2477	+	(2) There is created the Search and Rescue Financial Assistance Program within the
	2478	+	- 36 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	2479	+	1219
	2480	+	division.
	2481	+	1220
	2482	+	(3)(a) The financial program and the assistance card program shall be funded from the
	2483	+	1221
	2484	+	following revenue sources:
	2485	+	1222
	2486	+	(i) any voluntary contributions to the state received for search and rescue operations;
	2487	+	1223
	2488	+	(ii) money received by the state under Subsection (11) and under Sections 23A-4-209,
	2489	+	1224
	2490	+	41-22-34, and 73-18-24;
	2491	+	1225
	2492	+	(iii) money deposited under [Subsection 59-12-103(13)] Section 59-12-103 as a
	2493	+	1226
	2494	+	dedicated credit for the sole use of the Search and Rescue Financial Assistance
	2495	+	1227
	2496	+	Program;
	2497	+	1228
	2498	+	(iv) contributions deposited in accordance with Section 41-1a-230.7; and
	2499	+	1229
	2500	+	(v) appropriations made to the program by the Legislature.
	2501	+	1230
	2502	+	(b) Money received from the revenue sources in Subsections (3)(a)(i), (ii), and (iv), and
	2503	+	1231
	2504	+	90% of the money described in Subsection (3)(a)(iii), shall be deposited into the
	2505	+	1232
	2506	+	General Fund as a dedicated credit to be used solely for the program.
	2507	+	1233
	2508	+	(c) Ten percent of the money described in Subsection (3)(a)(iii) shall be deposited into
	2509	+	1234
	2510	+	the General Fund as a dedicated credit to be used solely to promote the assistance
	2511	+	1235
	2512	+	card program.
	2513	+	1236
	2514	+	(d) Funding for the program is nonlapsing.
	2515	+	1237
	2516	+	(4) Subject to Subsections (3)(b) and (c), the director shall use the money described in this
	2517	+	1238
	2518	+	section to reimburse counties for all or a portion of each county's reimbursable base
	2519	+	1239
	2520	+	expenses for search and rescue operations, subject to:
	2521	+	1240
	2522	+	(a) the approval of the Search and Rescue Advisory Board as provided in Section
	2523	+	1241
	2524	+	53-2a-1104;
	2525	+	1242
	2526	+	(b) money available in the program; and
	2527	+	1243
	2528	+	(c) rules made under Subsection (7).
	2529	+	1244
	2530	+	(5) Money described in Subsection (3) may not be used to reimburse for any paid personnel
	2531	+	1245
	2532	+	costs or paid man hours spent in emergency response and search and rescue related
	2533	+	1246
	2534	+	activities.
	2535	+	1247
	2536	+	(6) The Legislature finds that these funds are for a general and statewide public purpose.
	2537	+	1248
	2538	+	(7) The division, with the approval of the Search and Rescue Advisory Board, shall make
	2539	+	1249
	2540	+	rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
	2541	+	1250
	2542	+	and consistent with this section:
	2543	+	1251
	2544	+	(a) specifying the costs that qualify as reimbursable base expenses;
	2545	+	1252
	2546	+	(b) defining the procedures of counties to submit expenses and be reimbursed;
	2547	+	- 37 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	2548	+	1253
	2549	+	(c) defining a participant in the assistance card program, including:
	2550	+	1254
	2551	+	(i) individuals; and
	2552	+	1255
	2553	+	(ii) families and organized groups who qualify as participants;
	2554	+	1256
	2555	+	(d) defining the procedure for issuing a card to a participant;
	2556	+	1257
	2557	+	(e) defining excluded expenses that may not be reimbursed under the program, including
	2558	+	1258
	2559	+	medical expenses;
	2560	+	1259
	2561	+	(f) establishing the card renewal cycle for the Utah Search and Rescue Assistance Card
	2562	+	1260
	2563	+	Program;
	2564	+	1261
	2565	+	(g) establishing the frequency of review of the fee schedule;
	2566	+	1262
	2567	+	(h) providing for the administration of the program; and
	2568	+	1263
	2569	+	(i) providing a formula to govern the distribution of available money among the counties
	2570	+	1264
	2571	+	for uncompensated search and rescue expenses based on:
	2572	+	1265
	2573	+	(i) the total qualifying expenses submitted;
	2574	+	1266
	2575	+	(ii) the number of search and rescue incidents per county population;
	2576	+	1267
	2577	+	(iii) the number of victims that reside outside the county; and
	2578	+	1268
	2579	+	(iv) the number of volunteer hours spent in each county in emergency response and
	2580	+	1269
	2581	+	search and rescue related activities per county population.
	2582	+	1270
	2583	+	(8)(a) The division shall, in consultation with the Division of Outdoor Recreation,
	2584	+	1271
	2585	+	establish the fee schedule of the Utah Search and Rescue Assistance Card Program
	2586	+	1272
	2587	+	under Subsection 63J-1-504(7).
	2588	+	1273
	2589	+	(b) The division shall provide a discount of not less than 10% of the card fee under
	2590	+	1274
	2591	+	Subsection (8)(a) to a person who has paid a fee under Section 23A-4-209, 41-22-34,
	2592	+	1275
	2593	+	or 73-18-24 during the same calendar year in which the person applies to be a
	2594	+	1276
	2595	+	participant in the assistance card program.
	2596	+	1277
	2597	+	(9) Counties may not bill reimbursable base expenses to an individual for costs incurred for
	2598	+	1278
	2599	+	the rescue of an individual, if the individual is a current participant in the Utah Search
	2600	+	1279
	2601	+	and Rescue Assistance Card Program at the time of rescue, unless:
	2602	+	1280
	2603	+	(a) the rescuing county finds that the participant acted recklessly in creating a situation
	2604	+	1281
	2605	+	resulting in the need for the county to provide rescue services; or
	2606	+	1282
	2607	+	(b) the rescuing county finds that the participant intentionally created a situation
	2608	+	1283
	2609	+	resulting in the need for the county to provide rescue services.
	2610	+	1284
	2611	+	(10)(a) There is created the Utah Search and Rescue Assistance Card Program. The
	2612	+	1285
	2613	+	program is located within the division.
	2614	+	1286
	2615	+	(b) The program may not be used to cover any expenses, such as medically related
	2616	+	- 38 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	2617	+	1287
	2618	+	expenses, that are not reimbursable base expenses related to the rescue.
	2619	+	1288
	2620	+	(11)(a) To participate in the program, a person shall purchase a search and rescue
	2621	+	1289
	2622	+	assistance card from the division by paying the fee as determined by the division in
	2623	+	1290
2228	2624		Subsection (8).
2229		-	1097
2230		-	(9)(a) An emissions inspection station shall issue a certificate of emissions inspection for
2231		-	1098
2232		-	each motor vehicle that meets the inspection and maintenance program requirements
2233		-	1099
2234		-	established in regulations or ordinances made under Subsection (3).
2235		-	1100
2236		-	(b) The frequency of the emissions inspection shall be determined based on the age of
2237		-	1101
2238		-	the vehicle as determined by model year and shall be required annually subject to the
2239		-	1102
2240		-	provisions of Subsection (9)(c).
2241		-	1103
2242		-	(c)(i) To the extent allowed under the current federally approved state
2243		-	1104
2244		-	implementation plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec.
2245		-	1105
2246		-	7401 et seq., the legislative body of a county identified in Subsection (1) shall
2247		-	1106
2248		-	only require the emissions inspection every two years for each vehicle.
2249		-	1107
2250		-	(ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
2251		-	1108
2252		-	years old on January 1.
2253		-	1109
2254		-	(iii) For a county required to implement a new vehicle emissions inspection and
2255		-	1110
2256		-	maintenance program on or after December 1, 2012, under Subsection (1), but for
2257		-	1111
2258		-	which no current federally approved state implementation plan exists, a vehicle
2259		-	1112
2260		-	shall be tested at a frequency determined by the county legislative body, in
2261		-	1113
2262		-	consultation with the Air Quality Board created under Section 19-1-106, that is
2263		-	1114
2264		-	necessary to comply with federal law or attain or maintain any national ambient
2265		-	1115
2266		-	air quality standard.
2267		-	- 33 - S.B. 195 Enrolled Copy
2268		-	1116
2269		-	(iv) If a county legislative body establishes or changes the frequency of a vehicle
2270		-	1117
2271		-	emissions inspection and maintenance program under Subsection (9)(c)(iii), the
2272		-	1118
2273		-	establishment or change shall take effect on January 1 if the State Tax
2274		-	1119
2275		-	Commission receives notice meeting the requirements of Subsection (9)(c)(v)
2276		-	1120
2277		-	from the county before October 1.
2278		-	1121
2279		-	(v) The notice described in Subsection (9)(c)(iv) shall:
2280		-	1122
2281		-	(A) state that the county will establish or change the frequency of the vehicle
2282		-	1123
2283		-	emissions inspection and maintenance program under this section;
2284		-	1124
2285		-	(B) include a copy of the ordinance establishing or changing the frequency; and
2286		-	1125
2287		-	(C) if the county establishes or changes the frequency under this section, state how
2288		-	1126
2289		-	frequently the emissions testing will be required.
2290		-	1127
2291		-	(d) If an emissions inspection is only required every two years for a vehicle under
2292		-	1128
2293		-	Subsection (9)(c), the inspection shall be required for the vehicle in:
2294		-	1129
2295		-	(i) odd-numbered years for vehicles with odd-numbered model years; or
2296		-	1130
2297		-	(ii) in even-numbered years for vehicles with even-numbered model years.
2298		-	1131
2299		-	(10)(a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
2300		-	1132
2301		-	required under this section may be made no more than two months before the
2302		-	1133
2303		-	renewal of registration.
2304		-	1134
2305		-	(b)(i) If the title of a used motor vehicle is being transferred, the owner may use an
2306		-	1135
2307		-	emissions inspection certificate issued for the motor vehicle during the previous
2308		-	1136
2309		-	11 months to satisfy the requirement under this section.
2310		-	1137
2311		-	(ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner
2312		-	1138
2313		-	may use an emissions inspection certificate issued for the motor vehicle in a
2314		-	1139
2315		-	licensed and bonded motor vehicle dealer's name during the previous 11 months to
2316		-	1140
2317		-	satisfy the requirement under this section.
2318		-	1141
2319		-	(c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
2320		-	1142
2321		-	lessee may use an emissions inspection certificate issued during the previous 11
2322		-	1143
2323		-	months to satisfy the requirement under this section.
2324		-	1144
2325		-	(d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not use
2326		-	1145
2327		-	an emissions inspection made more than 11 months before the renewal of registration
2328		-	1146
2329		-	to satisfy the requirement under this section.
2330		-	1147
2331		-	(e) If the application for renewal of registration is for a six-month registration period
2332		-	1148
2333		-	under Section 41-1a-215.5, the owner may use an emissions inspection certificate
2334		-	1149
2335		-	issued during the previous eight months to satisfy the requirement under this section.
2336		-	- 34 - Enrolled Copy S.B. 195
2337		-	1150
2338		-	(11)(a) A county identified in Subsection (1) shall collect information about and monitor
2339		-	1151
2340		-	the program.
2341		-	1152
2342		-	(b) A county identified in Subsection (1) shall supply this information to [an appropriate
2343		-	1153
2344		-	legislative committee, as designated by the Legislative Management Committee, at
2345		-	1154
2346		-	times determined by the designated committee ] the Transportation Interim
2347		-	1155
2348		-	Committee to identify program needs, including funding needs.
2349		-	1156
2350		-	(12) If approved by the county legislative body, a county that had an established emissions
2351		-	1157
2352		-	inspection fee as of January 1, 2002, may increase the established fee that an emissions
2353		-	1158
2354		-	inspection station may charge by $2.50 for each year that is exempted from emissions
2355		-	1159
2356		-	inspections under Subsection (9)(c) up to a $7.50 increase.
2357		-	1160
2358		-	(13)(a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
2359		-	1161
2360		-	Subsection (1) may impose a local emissions compliance fee on each motor vehicle
2361		-	1162
2362		-	registration within the county in accordance with the procedures and requirements of
2363		-	1163
2364		-	Section 41-1a-1223.
2365		-	1164
2366		-	(b) A county that imposes a local emissions compliance fee may use revenues generated
2367		-	1165
2368		-	from the fee for the establishment and enforcement of an emissions inspection and
2369		-	1166
2370		-	maintenance program in accordance with the requirements of this section.
2371		-	1167
2372		-	(c) A county that imposes a local emissions compliance fee may use revenues generated
2373		-	1168
2374		-	from the fee to promote programs to maintain a local, state, or national ambient air
2375		-	1169
2376		-	quality standard.
2377		-	1170
2378		-	(14)(a) If a county has reason to believe that a vehicle owner has provided an address as
2379		-	1171
2380		-	required in Section 41-1a-209 to register or attempt to register a motor vehicle in a
2381		-	1172
2382		-	county other than the county of the bona fide residence of the owner in order to avoid
2383		-	1173
2384		-	an emissions inspection required under this section, the county may investigate and
2385		-	1174
2386		-	gather evidence to determine whether the vehicle owner has used a false address or
2387		-	1175
2388		-	an address other than the vehicle owner's bona fide residence or place of business.
2389		-	1176
2390		-	(b) If a county conducts an investigation as described in Subsection (14)(a) and
2391		-	1177
2392		-	determines that the vehicle owner has used a false or improper address in an effort to
2393		-	1178
2394		-	avoid an emissions inspection as required in this section, the county may impose a
2395		-	1179
2396		-	civil penalty of $1,000.
2397		-	1180
2398		-	(15) A county legislative body described in Subsection (1) may exempt a motor vehicle
2399		-	1181
2400		-	from an emissions inspection if:
2401		-	1182
2402		-	(a) the motor vehicle is 30 years old or older;
2403		-	1183
2404		-	(b) the county determines that the motor vehicle was driven less than 1,500 miles during
2405		-	- 35 - S.B. 195 Enrolled Copy
2406		-	1184
2407		-	the preceding 12-month period; and
2408		-	1185
2409		-	(c) the owner provides to the county legislative body a statement signed by the owner
2410		-	1186
2411		-	that states the motor vehicle:
2412		-	1187
2413		-	(i) is primarily a collector's item used for:
2414		-	1188
2415		-	(A) participation in club activities;
2416		-	1189
2417		-	(B) exhibitions;
2418		-	1190
2419		-	(C) tours; or
2420		-	1191
2421		-	(D) parades; or
2422		-	1192
2423		-	(ii) is only used for occasional transportation.
2424		-	1193
2425		-	Section 10. Section 53-2a-1102 is amended to read:
2426		-	1194
2427		-	53-2a-1102 (Effective 05/07/25). Search and Rescue Financial Assistance
2428		-	1195
2429		-	Program -- Uses -- Rulemaking -- Distribution.
2430		-	1196
2431		-	(1) As used in this section:
2432		-	1197
2433		-	(a) "Assistance card program" means the Utah Search and Rescue Assistance Card
2434		-	1198
2435		-	Program created within this section.
2436		-	1199
2437		-	(b) "Card" means the Search and Rescue Assistance Card issued under this section to a
2438		-	1200
2439		-	participant.
2440		-	1201
2441		-	(c) "Participant" means an individual, family, or group who is registered pursuant to this
2442		-	1202
2443		-	section as having a valid card at the time search, rescue, or both are provided.
2444		-	1203
2445		-	(d) "Program" means the Search and Rescue Financial Assistance Program created
2446		-	1204
2447		-	within this section.
2448		-	1205
2449		-	(e)(i) "Reimbursable base expenses" means those reasonable expenses incidental to
2450		-	1206
2451		-	search and rescue activities.
2452		-	1207
2453		-	(ii) "Reimbursable base expenses" include:
2454		-	1208
2455		-	(A) rental for fixed wing aircraft, snowmobiles, boats, and generators;
2456		-	1209
2457		-	(B) replacement and upgrade of search and rescue equipment;
2458		-	1210
2459		-	(C) training of search and rescue volunteers;
2460		-	1211
2461		-	(D) costs of providing life insurance and workers' compensation benefits for
2462		-	1212
2463		-	volunteer search and rescue team members under Section 67-20-7.5; and
2464		-	1213
2465		-	(E) any other equipment or expenses necessary or appropriate for conducting
2466		-	1214
2467		-	search and rescue activities.
2468		-	1215
2469		-	(iii) "Reimbursable base expenses" do not include any salary or overtime paid to an
2470		-	1216
2471		-	individual on a regular or permanent payroll, including permanent part-time
2472		-	1217
2473		-	employees of any agency of the state.
2474		-	- 36 - Enrolled Copy S.B. 195
2475		-	1218
2476		-	(f) "Rescue" means search services, rescue services, or both search and rescue services.
2477		-	1219
2478		-	(2) There is created the Search and Rescue Financial Assistance Program within the
2479		-	1220
2480		-	division.
2481		-	1221
2482		-	(3)(a) The financial program and the assistance card program shall be funded from the
2483		-	1222
2484		-	following revenue sources:
2485		-	1223
2486		-	(i) any voluntary contributions to the state received for search and rescue operations;
2487		-	1224
2488		-	(ii) money received by the state under Subsection (11) and under Sections 23A-4-209,
2489		-	1225
2490		-	41-22-34, and 73-18-24;
2491		-	1226
2492		-	(iii) money deposited under [Subsection 59-12-103(13)] Section 59-12-103 as a
2493		-	1227
2494		-	dedicated credit for the sole use of the Search and Rescue Financial Assistance
2495		-	1228
2496		-	Program;
2497		-	1229
2498		-	(iv) contributions deposited in accordance with Section 41-1a-230.7; and
2499		-	1230
2500		-	(v) appropriations made to the program by the Legislature.
2501		-	1231
2502		-	(b) Money received from the revenue sources in Subsections (3)(a)(i), (ii), and (iv), and
2503		-	1232
2504		-	90% of the money described in Subsection (3)(a)(iii), shall be deposited into the
2505		-	1233
2506		-	General Fund as a dedicated credit to be used solely for the program.
2507		-	1234
2508		-	(c) Ten percent of the money described in Subsection (3)(a)(iii) shall be deposited into
2509		-	1235
2510		-	the General Fund as a dedicated credit to be used solely to promote the assistance
2511		-	1236
2512		-	card program.
2513		-	1237
2514		-	(d) Funding for the program is nonlapsing.
2515		-	1238
2516		-	(4) Subject to Subsections (3)(b) and (c), the director shall use the money described in this
2517		-	1239
2518		-	section to reimburse counties for all or a portion of each county's reimbursable base
2519		-	1240
2520		-	expenses for search and rescue operations, subject to:
2521		-	1241
2522		-	(a) the approval of the Search and Rescue Advisory Board as provided in Section
2523		-	1242
2524		-	53-2a-1104;
2525		-	1243
2526		-	(b) money available in the program; and
2527		-	1244
2528		-	(c) rules made under Subsection (7).
2529		-	1245
2530		-	(5) Money described in Subsection (3) may not be used to reimburse for any paid personnel
2531		-	1246
2532		-	costs or paid man hours spent in emergency response and search and rescue related
2533		-	1247
2534		-	activities.
2535		-	1248
2536		-	(6) The Legislature finds that these funds are for a general and statewide public purpose.
2537		-	1249
2538		-	(7) The division, with the approval of the Search and Rescue Advisory Board, shall make
2539		-	1250
2540		-	rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2541		-	1251
2542		-	and consistent with this section:
2543		-	- 37 - S.B. 195 Enrolled Copy
2544		-	1252
2545		-	(a) specifying the costs that qualify as reimbursable base expenses;
2546		-	1253
2547		-	(b) defining the procedures of counties to submit expenses and be reimbursed;
2548		-	1254
2549		-	(c) defining a participant in the assistance card program, including:
2550		-	1255
2551		-	(i) individuals; and
2552		-	1256
2553		-	(ii) families and organized groups who qualify as participants;
2554		-	1257
2555		-	(d) defining the procedure for issuing a card to a participant;
2556		-	1258
2557		-	(e) defining excluded expenses that may not be reimbursed under the program, including
2558		-	1259
2559		-	medical expenses;
2560		-	1260
2561		-	(f) establishing the card renewal cycle for the Utah Search and Rescue Assistance Card
2562		-	1261
2563		-	Program;
2564		-	1262
2565		-	(g) establishing the frequency of review of the fee schedule;
2566		-	1263
2567		-	(h) providing for the administration of the program; and
2568		-	1264
2569		-	(i) providing a formula to govern the distribution of available money among the counties
2570		-	1265
2571		-	for uncompensated search and rescue expenses based on:
2572		-	1266
2573		-	(i) the total qualifying expenses submitted;
2574		-	1267
2575		-	(ii) the number of search and rescue incidents per county population;
2576		-	1268
2577		-	(iii) the number of victims that reside outside the county; and
2578		-	1269
2579		-	(iv) the number of volunteer hours spent in each county in emergency response and
2580		-	1270
2581		-	search and rescue related activities per county population.
2582		-	1271
2583		-	(8)(a) The division shall, in consultation with the Division of Outdoor Recreation,
2584		-	1272
2585		-	establish the fee schedule of the Utah Search and Rescue Assistance Card Program
2586		-	1273
2587		-	under Subsection 63J-1-504(7).
2588		-	1274
2589		-	(b) The division shall provide a discount of not less than 10% of the card fee under
2590		-	1275
2591		-	Subsection (8)(a) to a person who has paid a fee under Section 23A-4-209, 41-22-34,
2592		-	1276
2593		-	or 73-18-24 during the same calendar year in which the person applies to be a
2594		-	1277
2595		-	participant in the assistance card program.
2596		-	1278
2597		-	(9) Counties may not bill reimbursable base expenses to an individual for costs incurred for
2598		-	1279
2599		-	the rescue of an individual, if the individual is a current participant in the Utah Search
2600		-	1280
2601		-	and Rescue Assistance Card Program at the time of rescue, unless:
2602		-	1281
2603		-	(a) the rescuing county finds that the participant acted recklessly in creating a situation
2604		-	1282
2605		-	resulting in the need for the county to provide rescue services; or
2606		-	1283
2607		-	(b) the rescuing county finds that the participant intentionally created a situation
2608		-	1284
2609		-	resulting in the need for the county to provide rescue services.
2610		-	1285
2611		-	(10)(a) There is created the Utah Search and Rescue Assistance Card Program. The
2612		-	- 38 - Enrolled Copy S.B. 195
2613		-	1286
2614		-	program is located within the division.
2615		-	1287
2616		-	(b) The program may not be used to cover any expenses, such as medically related
2617		-	1288
2618		-	expenses, that are not reimbursable base expenses related to the rescue.
2619		-	1289
2620		-	(11)(a) To participate in the program, a person shall purchase a search and rescue
2621		-	1290
2622		-	assistance card from the division by paying the fee as determined by the division in
2623	2625		1291
2624		-	~~Subsection (8).~~
	2626	+	(b) The money generated by the fees shall be deposited into the General Fund as a
2625	2627		1292
2626		-	~~(b)~~ The ~~money generated by the fees shall be deposited into the General Fund as a~~
	2628	+	dedicated credit for the Search and Rescue Financial Assistance Program created in
2627	2629		1293
2628		-	~~dedicated credit for the Search and Rescue Financial Assistance Program created in~~
	2630	+	this section.
2629	2631		1294
2630		-	~~this section.~~
	2632	+	(c) Participation and payment of fees by a person under Sections 23A-4-209, 41-22-34,
2631	2633		1295
2632		-	~~(c) Participation~~ and ~~payment~~ of ~~fees by~~ a ~~person~~ under ~~Sections 23A-4-209, 41-22-34,~~
	2634	+	and 73-18-24 do not constitute purchase of a card under this section.
2633	2635		1296
2634		-	~~and 73-18-24 do not constitute purchase~~ of ~~a card under this section.~~
	2636	+	(12) The division shall consult with the Division of Outdoor Recreation regarding:
2635	2637		1297
2636		-	(12) The ~~division shall consult with the Division of Outdoor Recreation regarding:~~
	2638	+	(a) administration of the assistance card program; and
2637	2639		1298
2638		-	(a) ~~administration of the assistance card program;~~ and
	2640	+	(b) outreach and marketing strategies.
2639	2641		1299
2640		-	(b) ~~outreach~~ and ~~marketing strategies.~~
	2642	+	(13) Pursuant to Subsection 31A-1-103(7), the Utah Search and Rescue Assistance Card
2641	2643		1300
2642		-	~~(13) Pursuant to Subsection 31A-1-103(7), the Utah Search and Rescue Assistance Card~~
	2644	+	Program under this section is exempt from being considered insurance as that term is
2643	2645		1301
2644		-	~~Program under this~~ section ~~is exempt from being considered insurance as that term is~~
	2646	+	defined in Section 31A-1-301.
2645	2647		1302
2646		-	~~defined in~~ Section ~~31A-1-301.~~
	2648	+	Section 11. Section 53-2d-101 is amended to read:
2647	2649		1303
2648		-	~~Section 11. Section~~ 53-2d-101 ~~is amended to read:~~
	2650	+	53-2d-101 (Effective 05/07/25). Definitions.
2649	2651		1304
2650		-	~~53-2d-101 (Effective~~ ~~05/07/25). Definitions.~~
	2652	+	As used in this chapter:
2651	2653		1305
2652		-	~~As used in this chapter~~:
	2654	+	(1)(a)[(a)] (i) "911 ambulance or paramedic services" means:
2653	2655		1306
2654		-	~~(1)(a)~~[(a)] (i) ~~"911 ambulance or paramedic services" means~~:
	2656	+	[(i)] (A) either:
2655	2657		1307
2656		-	[(i)] (A) ~~either:~~
	2658	+	[(A)] (I) 911 ambulance service;
2657	2659		1308
2658		-	[(A)] (I) 911 ~~ambulance~~ service;
	2660	+	[(B)] (II) 911 paramedic service; or
2659	2661		1309
2660		-	[(B)] (II) 911 paramedic service; or
	2662	+	[(C)] (III) both 911 ambulance and paramedic service; and
2661	2663		1310
2662		-	[(C)] (~~III~~) ~~both~~ 911 ~~ambulance and paramedic service;~~ ~~and~~
	2664	+	[(ii)] (B) a response to a 911 call received by a designated dispatch center that
2663	2665		1311
2664		-	~~[(ii)] (B) a response to a~~ 911 ~~call received by a designated dispatch center that~~
	2666	+	receives 911 or E911 calls.
2665	2667		1312
2666		-	~~receives~~ 911 or ~~E911 calls.~~
	2668	+	[(b)] (ii) "911 ambulance or paramedic services" does not mean a seven or 10 digit
2667	2669		1313
2668		-	~~[(b)] (ii) "911~~ ambulance ~~or paramedic services"~~ ~~does not mean a seven or 10 digit~~
	2670	+	telephone call received directly by an ambulance provider licensed under this
2669	2671		1314
2670		-	~~telephone call received directly by an ambulance provider licensed under this~~
	2672	+	chapter.
2671	2673		1315
2672		-	~~chapter~~.
	2674	+	(2) "Air ambulance" means an ambulance that operates through air flight.
2673	2675		1316
2674		-	(2) "Air ambulance" means an ambulance that ~~operates through air flight.~~
	2676	+	(3) "Air ambulance provider" means an ambulance provider that provides emergency
2675	2677		1317
2676		-	~~(3) "~~Air ambulance ~~provider" means an ambulance provider that provides emergency~~
	2678	+	medical services using an air ambulance.
2677	2679		1318
2678		-	~~medical services using an~~ air ~~ambulance.~~
	2680	+	[(2)] (4) "Ambulance" means a ground, air, or water vehicle that:
2679	2681		1319
2680		-	[(2)] (4) "Ambulance" means a ground, air, or water vehicle that:
2681		-	- 39 - S.B. 195 Enrolled Copy
	2682	+	(a) transports patients and is used to provide emergency medical services; and
2682	2683		1320
2683		-	(a) transports patients and is used to provide emergency medical services; and
	2684	+	(b) is required to obtain a permit under Section 53-2d-404 to operate in the state.
	2685	+	- 39 - 7th Sub. (Buff) S.B. 195 03-06 08:58
2684	2686		1321
2685		-	(b) ~~is required to obtain a permit under Section 53-2d-404 to operate in the state.~~
	2687	+	[(3)] (5) "Ambulance provider" means an emergency medical service provider that:
2686	2688		1322
2687		-	[(~~3)] (5~~) ~~"Ambulance provider"~~ ~~means an~~ emergency medical ~~service provider that:~~
	2689	+	(a) transports and provides emergency medical care to patients; and
2688	2690		1323
2689		-	(a) ~~transports~~ and ~~provides emergency medical care to patients; and~~
	2691	+	(b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
2690	2692		1324
	2693	+	[(4)] (6) "Automatic external defibrillator" or "AED" means an automated or automatic
	2694	+	1325
	2695	+	computerized medical device that:
	2696	+	1326
	2697	+	(a) has received pre-market notification approval from the United States Food and Drug
	2698	+	1327
	2699	+	Administration, pursuant to 21 U.S.C. Sec. 360(k);
	2700	+	1328
	2701	+	(b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid
	2702	+	1329
	2703	+	ventricular tachycardia;
	2704	+	1330
	2705	+	(c) is capable of determining, without intervention by an operator, whether defibrillation
	2706	+	1331
	2707	+	should be performed; and
	2708	+	1332
	2709	+	(d) upon determining that defibrillation should be performed, automatically charges,
	2710	+	1333
	2711	+	enabling delivery of, or automatically delivers, an electrical impulse through the
	2712	+	1334
	2713	+	chest wall and to an individual's heart.
	2714	+	1335
	2715	+	[(5)] (7)(a) "Behavioral emergency services" means delivering a behavioral health
	2716	+	1336
	2717	+	intervention to a patient in an emergency context within a scope and in accordance
	2718	+	1337
	2719	+	with guidelines established by the department.
	2720	+	1338
	2721	+	(b) "Behavioral emergency services" does not include engaging in the:
	2722	+	1339
	2723	+	(i) practice of mental health therapy as defined in Section 58-60-102;
	2724	+	1340
	2725	+	(ii) practice of psychology as defined in Section 58-61-102;
	2726	+	1341
	2727	+	(iii) practice of clinical social work as defined in Section 58-60-202;
	2728	+	1342
	2729	+	(iv) practice of certified social work as defined in Section 58-60-202;
	2730	+	1343
	2731	+	(v) practice of marriage and family therapy as defined in Section 58-60-302;
	2732	+	1344
	2733	+	(vi) practice of clinical mental health counseling as defined in Section 58-60-402; or
	2734	+	1345
	2735	+	(vii) practice as a substance use disorder counselor as defined in Section 58-60-502.
	2736	+	1346
	2737	+	[(6)] (8) "Bureau" means the Bureau of Emergency Medical Services created in Section
	2738	+	1347
	2739	+	53-2d-102.
	2740	+	1348
	2741	+	[(7)] (9) "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external
	2742	+	1349
	2743	+	chest compression applied to a person who is unresponsive and not breathing.
	2744	+	1350
	2745	+	[(8)] (10) "Committee" means the Trauma System and Emergency Medical Services
	2746	+	1351
	2747	+	Committee created by Section 53-2d-104.
	2748	+	1352
	2749	+	[(9)] (11) "Community paramedicine" means medical care:
	2750	+	1353
	2751	+	(a) provided by emergency medical service personnel; and
	2752	+	1354
	2753	+	(b) provided to a patient who is not:
	2754	+	- 40 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	2755	+	1355
	2756	+	(i) in need of ambulance transportation; or
	2757	+	1356
	2758	+	(ii) located in a health care facility as defined in Section 26B-2-201.
	2759	+	1357
	2760	+	[(10)] (12) "Direct medical observation" means in-person observation of a patient by a
	2761	+	1358
	2762	+	physician, registered nurse, physician's assistant, or individual licensed under Section
	2763	+	1359
	2764	+	26B-4-116.
	2765	+	1360
	2766	+	[(11)] (13) "Emergency medical condition" means:
	2767	+	1361
	2768	+	(a) a medical condition that manifests itself by symptoms of sufficient severity,
	2769	+	1362
	2770	+	including severe pain, that a prudent layperson, who possesses an average knowledge
	2771	+	1363
	2772	+	of health and medicine, could reasonably expect the absence of immediate medical
	2773	+	1364
	2774	+	attention to result in:
	2775	+	1365
	2776	+	(i) placing the individual's health in serious jeopardy;
	2777	+	1366
	2778	+	(ii) serious impairment to bodily functions; or
	2779	+	1367
	2780	+	(iii) serious dysfunction of any bodily organ or part; or
	2781	+	1368
	2782	+	(b) a medical condition that in the opinion of a physician or the physician's designee
	2783	+	1369
	2784	+	requires direct medical observation during transport or may require the intervention
	2785	+	1370
	2786	+	of an individual licensed under Section 53-2d-402 during transport.
	2787	+	1371
	2788	+	[(12)] (14) "Emergency medical dispatch center" means a public safety answering point, as
	2789	+	1372
	2790	+	defined in Section 63H-7a-103, that is designated as an emergency medical dispatch
	2791	+	1373
	2792	+	center by the bureau.
	2793	+	1374
	2794	+	[(13)] (15)(a) "Emergency medical service personnel" means an individual who provides
	2795	+	1375
	2796	+	emergency medical services or behavioral emergency services to a patient and is
	2797	+	1376
	2798	+	required to be licensed or certified under Section 53-2d-402.
	2799	+	1377
	2800	+	(b) "Emergency medical service personnel" includes a paramedic, medical director of a
	2801	+	1378
	2802	+	licensed emergency medical service provider, emergency medical service instructor,
	2803	+	1379
	2804	+	behavioral emergency services technician, other categories established by the
	2805	+	1380
	2806	+	committee, and a certified emergency medical dispatcher.
	2807	+	1381
	2808	+	[(14)] (16) "Emergency medical service providers" means:
	2809	+	1382
	2810	+	(a) licensed ambulance providers and paramedic providers;
	2811	+	1383
	2812	+	(b) a facility or provider that is required to be designated under Subsection 53-2d-403
	2813	+	1384
	2814	+	(1)(a); and
	2815	+	1385
	2816	+	(c) emergency medical service personnel.
	2817	+	1386
	2818	+	[(15)] (17) "Emergency medical services" means:
	2819	+	1387
	2820	+	(a) medical services;
	2821	+	1388
	2822	+	(b) transportation services;
	2823	+	- 41 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	2824	+	1389
	2825	+	(c) behavioral emergency services; or
	2826	+	1390
	2827	+	(d) any combination of the services described in Subsections [(15)(a)] (17)(a) through (c).
	2828	+	1391
	2829	+	[(16)] (18) "Emergency medical service vehicle" means a land, air, or water vehicle that is:
	2830	+	1392
	2831	+	(a) maintained and used for the transportation of emergency medical personnel,
	2832	+	1393
	2833	+	equipment, and supplies to the scene of a medical emergency; and
	2834	+	1394
	2835	+	(b) required to be permitted under Section 53-2d-404.
	2836	+	1395
	2837	+	[(17)] (19) "Governing body":
	2838	+	1396
	2839	+	(a) means the same as that term is defined in Section 11-42-102; and
	2840	+	1397
	2841	+	(b) for purposes of a "special service district" under Section 11-42-102, means a special
	2842	+	1398
	2843	+	service district that has been delegated the authority to select a provider under this
	2844	+	1399
	2845	+	chapter by the special service district's legislative body or administrative control
	2846	+	1400
	2847	+	board.
	2848	+	1401
	2849	+	[(18)] (20) "Interested party" means:
	2850	+	1402
	2851	+	(a) a licensed or designated emergency medical services provider that provides
	2852	+	1403
	2853	+	emergency medical services within or in an area that abuts an exclusive geographic
	2854	+	1404
	2855	+	service area that is the subject of an application submitted pursuant to Part 5,
	2856	+	1405
	2857	+	Ambulance and Paramedic Providers;
	2858	+	1406
	2859	+	(b) any municipality, county, or fire district that lies within or abuts a geographic service
	2860	+	1407
	2861	+	area that is the subject of an application submitted pursuant to Part 5, Ambulance and
	2862	+	1408
	2863	+	Paramedic Providers; or
	2864	+	1409
	2865	+	(c) the department when acting in the interest of the public.
	2866	+	1410
	2867	+	[(19)] (21) "Level of service" means the level at which an ambulance provider type of
	2868	+	1411
	2869	+	service is licensed as:
	2870	+	1412
	2871	+	(a) emergency medical technician;
	2872	+	1413
	2873	+	(b) advanced emergency medical technician; or
	2874	+	1414
	2875	+	(c) paramedic.
	2876	+	1415
	2877	+	[(20)] (22) "Medical control" means a person who provides medical supervision to an
	2878	+	1416
	2879	+	emergency medical service provider.
	2880	+	1417
	2881	+	[(21)] (23) "Non-911 service" means transport of a patient that is not 911 transport under
	2882	+	1418
	2883	+	Subsection (1).
	2884	+	1419
	2885	+	[(22)] (24) "Nonemergency secured behavioral health transport" means an entity that:
	2886	+	1420
	2887	+	(a) provides nonemergency secure transportation services for an individual who:
	2888	+	1421
	2889	+	(i) is not required to be transported by an ambulance under Section 53-2d-405; and
	2890	+	1422
	2891	+	(ii) requires behavioral health observation during transport between any of the
	2892	+	- 42 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	2893	+	1423
	2894	+	following facilities:
	2895	+	1424
	2896	+	(A) a licensed acute care hospital;
	2897	+	1425
	2898	+	(B) an emergency patient receiving facility;
	2899	+	1426
	2900	+	(C) a licensed mental health facility; and
	2901	+	1427
	2902	+	(D) the office of a licensed health care provider; and
	2903	+	1428
	2904	+	(b) is required to be designated under Section 53-2d-403.
	2905	+	1429
	2906	+	[(23)] (25) "Paramedic provider" means an entity that:
	2907	+	1430
	2908	+	(a) employs emergency medical service personnel; and
	2909	+	1431
2691	2910		(b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
2692		-	1325
2693		-	[(4)] (6) "Automatic external defibrillator" or "AED" means an automated or automatic
2694		-	1326
2695		-	computerized medical device that:
2696		-	1327
2697		-	(a) has received pre-market notification approval from the United States Food and Drug
2698		-	1328
2699		-	Administration, pursuant to 21 U.S.C. Sec. 360(k);
2700		-	1329
2701		-	(b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid
2702		-	1330
2703		-	ventricular tachycardia;
2704		-	1331
2705		-	(c) is capable of determining, without intervention by an operator, whether defibrillation
2706		-	1332
2707		-	should be performed; and
2708		-	1333
2709		-	(d) upon determining that defibrillation should be performed, automatically charges,
2710		-	1334
2711		-	enabling delivery of, or automatically delivers, an electrical impulse through the
2712		-	1335
2713		-	chest wall and to an individual's heart.
2714		-	1336
2715		-	[(5)] (7)(a) "Behavioral emergency services" means delivering a behavioral health
2716		-	1337
2717		-	intervention to a patient in an emergency context within a scope and in accordance
2718		-	1338
2719		-	with guidelines established by the department.
2720		-	1339
2721		-	(b) "Behavioral emergency services" does not include engaging in the:
2722		-	1340
2723		-	(i) practice of mental health therapy as defined in Section 58-60-102;
2724		-	1341
2725		-	(ii) practice of psychology as defined in Section 58-61-102;
2726		-	1342
2727		-	(iii) practice of clinical social work as defined in Section 58-60-202;
2728		-	1343
2729		-	(iv) practice of certified social work as defined in Section 58-60-202;
2730		-	1344
2731		-	(v) practice of marriage and family therapy as defined in Section 58-60-302;
2732		-	1345
2733		-	(vi) practice of clinical mental health counseling as defined in Section 58-60-402; or
2734		-	1346
2735		-	(vii) practice as a substance use disorder counselor as defined in Section 58-60-502.
2736		-	1347
2737		-	[(6)] (8) "Bureau" means the Bureau of Emergency Medical Services created in Section
2738		-	1348
2739		-	53-2d-102.
2740		-	1349
2741		-	[(7)] (9) "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external
2742		-	1350
2743		-	chest compression applied to a person who is unresponsive and not breathing.
2744		-	1351
2745		-	[(8)] (10) "Committee" means the Trauma System and Emergency Medical Services
2746		-	1352
2747		-	Committee created by Section 53-2d-104.
2748		-	1353
2749		-	[(9)] (11) "Community paramedicine" means medical care:
2750		-	- 40 - Enrolled Copy S.B. 195
2751		-	1354
2752		-	(a) provided by emergency medical service personnel; and
2753		-	1355
2754		-	(b) provided to a patient who is not:
2755		-	1356
2756		-	(i) in need of ambulance transportation; or
2757		-	1357
2758		-	(ii) located in a health care facility as defined in Section 26B-2-201.
2759		-	1358
2760		-	[(10)] (12) "Direct medical observation" means in-person observation of a patient by a
2761		-	1359
2762		-	physician, registered nurse, physician's assistant, or individual licensed under Section
2763		-	1360
2764		-	26B-4-116.
2765		-	1361
2766		-	[(11)] (13) "Emergency medical condition" means:
2767		-	1362
2768		-	(a) a medical condition that manifests itself by symptoms of sufficient severity,
2769		-	1363
2770		-	including severe pain, that a prudent layperson, who possesses an average knowledge
2771		-	1364
2772		-	of health and medicine, could reasonably expect the absence of immediate medical
2773		-	1365
2774		-	attention to result in:
2775		-	1366
2776		-	(i) placing the individual's health in serious jeopardy;
2777		-	1367
2778		-	(ii) serious impairment to bodily functions; or
2779		-	1368
2780		-	(iii) serious dysfunction of any bodily organ or part; or
2781		-	1369
2782		-	(b) a medical condition that in the opinion of a physician or the physician's designee
2783		-	1370
2784		-	requires direct medical observation during transport or may require the intervention
2785		-	1371
2786		-	of an individual licensed under Section 53-2d-402 during transport.
2787		-	1372
2788		-	[(12)] (14) "Emergency medical dispatch center" means a public safety answering point, as
2789		-	1373
2790		-	defined in Section 63H-7a-103, that is designated as an emergency medical dispatch
2791		-	1374
2792		-	center by the bureau.
2793		-	1375
2794		-	[(13)] (15)(a) "Emergency medical service personnel" means an individual who provides
2795		-	1376
2796		-	emergency medical services or behavioral emergency services to a patient and is
2797		-	1377
2798		-	required to be licensed or certified under Section 53-2d-402.
2799		-	1378
2800		-	(b) "Emergency medical service personnel" includes a paramedic, medical director of a
2801		-	1379
2802		-	licensed emergency medical service provider, emergency medical service instructor,
2803		-	1380
2804		-	behavioral emergency services technician, other categories established by the
2805		-	1381
2806		-	committee, and a certified emergency medical dispatcher.
2807		-	1382
2808		-	[(14)] (16) "Emergency medical service providers" means:
2809		-	1383
2810		-	(a) licensed ambulance providers and paramedic providers;
2811		-	1384
2812		-	(b) a facility or provider that is required to be designated under Subsection 53-2d-403
2813		-	1385
2814		-	(1)(a); and
2815		-	1386
2816		-	(c) emergency medical service personnel.
2817		-	1387
2818		-	[(15)] (17) "Emergency medical services" means:
2819		-	- 41 - S.B. 195 Enrolled Copy
2820		-	1388
2821		-	(a) medical services;
2822		-	1389
2823		-	(b) transportation services;
2824		-	1390
2825		-	(c) behavioral emergency services; or
2826		-	1391
2827		-	(d) any combination of the services described in Subsections [(15)(a)] (17)(a) through (c).
2828		-	1392
2829		-	[(16)] (18) "Emergency medical service vehicle" means a land, air, or water vehicle that is:
2830		-	1393
2831		-	(a) maintained and used for the transportation of emergency medical personnel,
2832		-	1394
2833		-	equipment, and supplies to the scene of a medical emergency; and
2834		-	1395
2835		-	(b) required to be permitted under Section 53-2d-404.
2836		-	1396
2837		-	[(17)] (19) "Governing body":
2838		-	1397
2839		-	(a) means the same as that term is defined in Section 11-42-102; and
2840		-	1398
2841		-	(b) for purposes of a "special service district" under Section 11-42-102, means a special
2842		-	1399
2843		-	service district that has been delegated the authority to select a provider under this
2844		-	1400
2845		-	chapter by the special service district's legislative body or administrative control
2846		-	1401
2847		-	board.
2848		-	1402
2849		-	[(18)] (20) "Interested party" means:
2850		-	1403
2851		-	(a) a licensed or designated emergency medical services provider that provides
2852		-	1404
2853		-	emergency medical services within or in an area that abuts an exclusive geographic
2854		-	1405
2855		-	service area that is the subject of an application submitted pursuant to Part 5,
2856		-	1406
2857		-	Ambulance and Paramedic Providers;
2858		-	1407
2859		-	(b) any municipality, county, or fire district that lies within or abuts a geographic service
2860		-	1408
2861		-	area that is the subject of an application submitted pursuant to Part 5, Ambulance and
2862		-	1409
2863		-	Paramedic Providers; or
2864		-	1410
2865		-	(c) the department when acting in the interest of the public.
2866		-	1411
2867		-	[(19)] (21) "Level of service" means the level at which an ambulance provider type of
2868		-	1412
2869		-	service is licensed as:
2870		-	1413
2871		-	(a) emergency medical technician;
2872		-	1414
2873		-	(b) advanced emergency medical technician; or
2874		-	1415
2875		-	(c) paramedic.
2876		-	1416
2877		-	[(20)] (22) "Medical control" means a person who provides medical supervision to an
2878		-	1417
2879		-	emergency medical service provider.
2880		-	1418
2881		-	[(21)] (23) "Non-911 service" means transport of a patient that is not 911 transport under
2882		-	1419
2883		-	Subsection (1).
2884		-	1420
2885		-	[(22)] (24) "Nonemergency secured behavioral health transport" means an entity that:
2886		-	1421
2887		-	(a) provides nonemergency secure transportation services for an individual who:
2888		-	- 42 - Enrolled Copy S.B. 195
2889		-	1422
2890		-	(i) is not required to be transported by an ambulance under Section 53-2d-405; and
2891		-	1423
2892		-	(ii) requires behavioral health observation during transport between any of the
2893		-	1424
2894		-	following facilities:
2895		-	1425
2896		-	(A) a licensed acute care hospital;
2897		-	1426
2898		-	(B) an emergency patient receiving facility;
2899		-	1427
2900		-	(C) a licensed mental health facility; and
2901		-	1428
2902		-	(D) the office of a licensed health care provider; and
2903		-	1429
2904		-	(b) is required to be designated under Section 53-2d-403.
2905		-	1430
2906		-	[(23)] (25) "Paramedic provider" means an entity that:
2907		-	1431
2908		-	(a) employs emergency medical service personnel; and
2909	2911		1432
2910		-	(b) ~~is required to obtain~~ a ~~license under Part 5, Ambulance and Paramedic Providers.~~
	2912	+	[(24)] (26) "Patient" means an individual who, as the result of illness, injury, or a behavioral
2911	2913		1433
2912		-	~~[(24)] (26) "Patient" means an individual who~~, as the ~~result of illness,~~ ~~injury, or a behavioral~~
	2914	+	emergency condition, meets any of the criteria in Section 26B-4-119.
2913	2915		1434
2914		-	~~emergency condition,~~ ~~meets any of the criteria in Section 26B-4-119.~~
	2916	+	[(25)] (27) "Political subdivision" means:
2915	2917		1435
2916		-	[(~~25)] (27~~) ~~"Political subdivision"~~ ~~means:~~
	2918	+	(a) a city or town;
2917	2919		1436
2918		-	(a) a ~~city or town~~;
	2920	+	(b) a county;
2919	2921		1437
2920		-	(b) a ~~county;~~
	2922	+	(c) a special service district created under Title 17D, Chapter 1, Special Service District
2921	2923		1438
2922		-	~~(c) a special service district created~~ under ~~Title~~ 17D~~, Chapter~~ 1~~, Special Service District~~
	2924	+	Act, for the purpose of providing fire protection services under Subsection 17D-1-201
2923	2925		1439
2924		-	~~Act, for the purpose of providing fire protection services under Subsection 17D-1-201~~
	2926	+	(9);
2925	2927		1440
2926		-	(9);
	2928	+	(d) a special district created under Title 17B, Limited Purpose Local Government
2927	2929		1441
2928		-	~~(d) a~~ special ~~district created under Title 17B~~, ~~Limited~~ Purpose ~~Local Government~~
	2930	+	Entities - Special Districts, for the purpose of providing fire protection, paramedic,
2929	2931		1442
2930		-	~~Entities - Special Districts, for the purpose of providing fire protection, paramedic,~~
	2932	+	and emergency services;
2931	2933		1443
2932		-	~~and emergency services~~;
	2934	+	(e) areas coming together as described in Subsection 53-2d-505.2(2)(b)(ii); or
2933	2935		1444
2934		-	(e) ~~areas coming together as described in Subsection 53-2d-505~~.~~2(2)(b)(ii); or~~
	2936	+	(f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act.
2935	2937		1445
2936		-	(f) ~~an interlocal entity under Title 11,~~ ~~Chapter 13,~~ ~~Interlocal Cooperation Act.~~
	2938	+	[(26)] (28) "Sudden cardiac arrest" means a life-threatening condition that results when a
2937	2939		1446
2938		-	~~[(26)] (28) "Sudden~~ ~~cardiac arrest"~~ ~~means~~ a ~~life-threatening condition that results when a~~
	2940	+	person's heart stops or fails to produce a pulse.
2939	2941		1447
2940		-	~~person's heart stops~~ or ~~fails to produce a pulse~~.
	2942	+	[(27)] (29) "Trauma" means an injury requiring immediate medical or surgical intervention.
2941	2943		1448
2942		-	[(27)] (29) "Trauma" means ~~an injury requiring immediate medical or surgical intervention.~~
	2944	+	[(28)] (30) "Trauma system" means a single, statewide system that:
2943	2945		1449
2944		-	[(~~28)] (30~~) "Trauma ~~system" means a single, statewide system that:~~
	2946	+	(a) organizes and coordinates the delivery of trauma care within defined geographic
2945	2947		1450
2946		-	~~(a) organizes~~ and ~~coordinates the delivery of trauma~~ care ~~within defined geographic~~
	2948	+	areas from the time of injury through transport and rehabilitative care; and
2947	2949		1451
2948		-	~~areas from the time~~ of ~~injury through transport~~ and rehabilitative ~~care; and~~
	2950	+	(b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
2949	2951		1452
2950		-	~~(b) is inclusive~~ of ~~all prehospital providers, hospitals, and rehabilitative facilities in~~
	2952	+	delivering care for trauma patients, regardless of severity.
2951	2953		1453
2952		-	~~delivering care for trauma patients,~~ ~~regardless~~ of ~~severity.~~
	2954	+	[(29)] (31) "Triage" means the sorting of patients in terms of disposition, destination, or
2953	2955		1454
2954		-	~~[(29)] (31) "~~Triage~~" means the sorting~~ of ~~patients in terms of disposition, destination, or~~
	2956	+	priority. For prehospital trauma victims, triage requires a determination of injury
2955	2957		1455
2956		-	priority. For prehospital trauma victims, triage requires a determination of injury
2957		-	- 43 - S.B. 195 Enrolled Copy
	2958	+	severity to assess the appropriate level of care according to established patient care
2958	2959		1456
2959		-	severity to assess the appropriate level of care according to established patient care
	2960	+	protocols.
	2961	+	- 43 - 7th Sub. (Buff) S.B. 195 03-06 08:58
2960	2962		1457
2961		-	~~protocols.~~
	2963	+	[(30)] (32) "Triage, treatment, transportation, and transfer guidelines" means written
2962	2964		1458
2963		-	~~[(30)] (32) "Triage, treatment, transportation, and transfer guidelines" means written~~
	2965	+	procedures that:
2964	2966		1459
2965		-	~~procedures that:~~
	2967	+	(a) direct the care of patients; and
2966	2968		1460
2967		-	(a) ~~direct~~ the ~~care~~ of ~~patients; and~~
	2969	+	(b) are adopted by the medical staff of an emergency patient receiving facility, trauma
2968	2970		1461
2969		-	~~(b) are adopted by the medical staff of~~ an emergency ~~patient receiving facility, trauma~~
	2971	+	center, or an emergency medical service provider.
2970	2972		1462
2971		-	~~center, or~~ an ~~emergency medical service~~ provider.
	2973	+	[(31)] (33) "Type of service" means the category at which an ambulance provider is licensed
2972	2974		1463
2973		-	~~[(31)] (33) "Type of service" means the category at which an ambulance provider is licensed~~
	2975	+	as:
2974	2976		1464
2975		-	~~as:~~
	2977	+	(a) ground ambulance transport;
2976	2978		1465
2977		-	(a) ground ambulance transport;
	2979	+	(b) ground ambulance interfacility transport; or
2978	2980		1466
2979		-	(b) ground ambulance interfacility transport~~; or~~
	2981	+	(c) both ground ambulance transport and ground ambulance interfacility transport.
2980	2982		1467
2981		-	~~(c) both ground ambulance transport and ground ambulance interfacility transport.~~
	2983	+	Section 12. Section 53-2d-517 is enacted to read:
2982	2984		1468
2983		-	~~Section 12. Section~~ 53-2d-517 ~~is enacted to read:~~
	2985	+	53-2d-517 (Effective 05/07/25). Air ambulance requirements.
2984	2986		1469
2985		-	~~53-2d-517 (Effective 05/07/25).~~ Air ambulance ~~requirements.~~
	2987	+	(1) A licensed air ambulance provider shall provide to all emergency medical dispatch
2986	2988		1470
2987		-	~~(1) A licensed~~ air ambulance ~~provider shall provide to all emergency medical dispatch~~
	2989	+	centers the real-time location and availability of the air ambulance using statewide
2988	2990		1471
2989		-	~~centers the real-time~~ location ~~and availability of the air ambulance using statewide~~
	2991	+	software that updates from a location transponder or computer-aided dispatch interface.
2990	2992		1472
2991		-	~~software~~ that ~~updates from a location transponder or computer-aided dispatch interface.~~
	2993	+	(2) An emergency medical dispatch center shall dispatch an air ambulance that the
2992	2994		1473
2993		-	~~(2) An~~ emergency medical dispatch center ~~shall dispatch an air ambulance that the~~
	2995	+	emergency medical dispatch center determines:
2994	2996		1474
2995		-	emergency medical ~~dispatch center determines:~~
	2997	+	(a) is nearest to the location requiring emergency medical services;
2996	2998		1475
2997		-	(a) is ~~nearest to the location requiring emergency medical services;~~
	2999	+	(b) is readily available; and
2998	3000		1476
2999		-	(b) is ~~readily available;~~ ~~and~~
	3001	+	(c) is the most appropriate air ambulance provider for the particular emergency
3000	3002		1477
3001		-	~~(c) is~~ the ~~most appropriate air ambulance provider for~~ the ~~particular emergency~~
	3003	+	circumstance based on the needs of the patient and the capabilities of the air
3002	3004		1478
3003		-	~~circumstance based on the needs of the patient and the capabilities of the air~~
	3005	+	ambulance provider.
3004	3006		1479
3005		-	ambulance ~~provider.~~
	3007	+	(3) An air ambulance that is currently transporting a patient may not:
3006	3008		1480
3007		-	(3) ~~An air ambulance that is currently transporting~~ a ~~patient may not:~~
	3009	+	(a) be dispatched for a different emergency medical situation; or
3008	3010		1481
3009		-	(a) ~~be dispatched for~~ a different ~~emergency medical situation; or~~
	3011	+	(b) deviate from the current emergency service and patient to respond to a different
3010	3012		1482
3011		-	~~(b) deviate from the current~~ emergency ~~service and patient to respond to a different~~
	3013	+	emergency medical dispatch communication.
3012	3014		1483
3013		-	~~emergency medical dispatch communication.~~
	3015	+	Section 13. Section 59-12-103 is amended to read:
3014	3016		1484
3015		-	~~Section 13. Section~~ 59-12-103 ~~is amended to read:~~
	3017	+	59-12-103 (Effective 07/01/25). Sales and use tax base -- Rates -- Effective dates
3016	3018		1485
3017		-	~~59-12-103 (Effective 07/01/25).~~ Sales and use tax ~~base -- Rates -- Effective dates~~
	3019	+	-- Use of sales and use tax revenue.
3018	3020		1486
3019		-	~~-- Use of sales and use~~ tax ~~revenue.~~
	3021	+	(1) A tax is imposed on the purchaser as provided in this part on the purchase price or sales
3020	3022		1487
3021		-	~~(1) A tax is imposed on~~ the ~~purchaser as provided in this part on the purchase price or sales~~
	3023	+	price for amounts paid or charged for the following transactions:
3022	3024		1488
3023		-	~~price for amounts paid or charged for~~ the ~~following transactions:~~
	3025	+	(a) retail sales of tangible personal property made within the state;
3024	3026		1489
3025		-	(a) retail sales of tangible personal property made within the state;
3026		-	- 44 - Enrolled Copy S.B. 195
	3027	+	(b) amounts paid for:
3027	3028		1490
3028		-	(b) amounts paid for:
	3029	+	(i) telecommunications service, other than mobile telecommunications service, that
	3030	+	- 44 - 03-06 08:58 7th Sub. (Buff) S.B. 195
3029	3031		1491
3030		-	~~(i) telecommunications service,~~ ~~other than mobile telecommunications service,~~ ~~that~~
	3032	+	originates and terminates within the boundaries of this state;
3031	3033		1492
3032		-	originates and terminates within the ~~boundaries of this state;~~
	3034	+	(ii) mobile telecommunications service that originates and terminates within the
3033	3035		1493
3034		-	~~(ii)~~ mobile ~~telecommunications service that originates and terminates within the~~
	3036	+	boundaries of one state only to the extent permitted by the Mobile
3035	3037		1494
3036		-	~~boundaries of one state only to the extent permitted by the Mobile~~
	3038	+	Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
3037	3039		1495
3038		-	~~Telecommunications Sourcing Act,~~ ~~4 U.S.C. Sec.~~ ~~116 et seq.; or~~
	3040	+	(iii) an ancillary service associated with a:
3039	3041		1496
3040		-	(~~iii~~) ~~an ancillary~~ service ~~associated with a:~~
	3042	+	(A) telecommunications service described in Subsection (1)(b)(i); or
3041	3043		1497
3042		-	(A) telecommunications service described in Subsection (1)(b)(i); or
	3044	+	(B) mobile telecommunications service described in Subsection (1)(b)(ii);
3043	3045		1498
3044		-	(B) ~~mobile telecommunications service described in Subsection (1)(b)(ii);~~
	3046	+	(c) sales of the following for commercial use:
3045	3047		1499
3046		-	(c) ~~sales of the following for commercial use:~~
	3048	+	(i) gas;
3047	3049		1500
	3050	+	(ii) electricity;
	3051	+	1501
	3052	+	(iii) heat;
	3053	+	1502
	3054	+	(iv) coal;
	3055	+	1503
	3056	+	(v) fuel oil; or
	3057	+	1504
	3058	+	(vi) other fuels;
	3059	+	1505
	3060	+	(d) sales of the following for residential use:
	3061	+	1506
3048	3062		(i) gas;
3049		-	~~1501~~
	3063	+	1507
3050	3064		(ii) electricity;
3051		-	~~1502~~
	3065	+	1508
3052	3066		(iii) heat;
3053		-	~~1503~~
	3067	+	1509
3054	3068		(iv) coal;
3055		-	~~1504~~
	3069	+	1510
3056	3070		(v) fuel oil; or
3057		-	~~1505~~
	3071	+	1511
3058	3072		(vi) other fuels;
3059		-	1506
3060		-	(d) sales of the following for residential use:
3061		-	1507
3062		-	(i) gas;
3063		-	1508
3064		-	(ii) electricity;
3065		-	1509
3066		-	(iii) heat;
3067		-	1510
3068		-	(iv) coal;
3069		-	1511
3070		-	(v) fuel oil; or
3071	3073		1512
3072		-	(vi) ~~other fuels~~;
	3074	+	(e) sales of prepared food;
3073	3075		1513
3074		-	(e) ~~sales of prepared food;~~
	3076	+	(f) except as provided in Section 59-12-104, amounts paid or charged as admission or
3075	3077		1514
3076		-	~~(f) except as provided in Section 59-12-104~~, ~~amounts paid~~ or ~~charged as admission or~~
	3078	+	user fees for theaters, movies, operas, museums, planetariums, shows of any type or
3077	3079		1515
3078		-	~~user fees for theaters~~, ~~movies~~, ~~operas~~, ~~museums~~, ~~planetariums~~, ~~shows of any type or~~
	3080	+	nature, exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses,
3079	3081		1516
3080		-	~~nature~~, ~~exhibitions~~, ~~concerts~~, ~~carnivals~~, ~~amusement parks~~, ~~amusement rides~~, ~~circuses~~,
	3082	+	menageries, fairs, races, contests, sporting events, dances, boxing matches, wrestling
3081	3083		1517
3082		-	~~menageries, fairs, races, contests, sporting events, dances, boxing~~ matches, ~~wrestling~~
	3084	+	matches, closed circuit television broadcasts, billiard parlors, pool parlors, bowling
3083	3085		1518
3084		-	~~matches~~, ~~closed circuit television broadcasts~~, ~~billiard parlors~~, ~~pool parlors~~, ~~bowling~~
	3086	+	lanes, golf, miniature golf, golf driving ranges, batting cages, skating rinks, ski lifts,
3085	3087		1519
3086		-	~~lanes, golf, miniature golf, golf driving ranges, batting cages, skating rinks~~, ski ~~lifts~~,
	3088	+	ski runs, ski trails, snowmobile trails, tennis courts, swimming pools, water slides,
3087	3089		1520
3088		-	~~ski~~ runs, ~~ski trails~~, ~~snowmobile trails~~, ~~tennis courts~~, ~~swimming pools~~, ~~water slides~~,
	3090	+	river runs, jeep tours, boat tours, scenic cruises, horseback rides, sports activities, or
3089	3091		1521
3090		-	~~river runs~~, ~~jeep tours~~, ~~boat tours~~, ~~scenic cruises~~, ~~horseback rides, sports activities~~, or
	3092	+	any other amusement, entertainment, recreation, exhibition, cultural, or athletic
3091	3093		1522
3092		-	~~any other amusement, entertainment, recreation, exhibition, cultural, or athletic~~
	3094	+	activity;
3093	3095		1523
3094		-	activity;
3095		-	- 45 - S.B. 195 Enrolled Copy
	3096	+	(g) amounts paid or charged for services for repairs or renovations of tangible personal
3096	3097		1524
3097		-	(g) amounts paid or charged for services for repairs or renovations of tangible personal
	3098	+	property, unless Section 59-12-104 provides for an exemption from sales and use tax
	3099	+	- 45 - 7th Sub. (Buff) S.B. 195 03-06 08:58
3098	3100		1525
3099		-	~~property, unless Section 59-12-104 provides~~ for ~~an exemption from sales and use tax~~
	3101	+	for:
3100	3102		1526
3101		-	~~for:~~
	3103	+	(i) the tangible personal property; and
3102	3104		1527
3103		-	(i) the tangible personal property~~; and~~
	3105	+	(ii) parts used in the repairs or renovations of the tangible personal property described
3104	3106		1528
3105		-	~~(ii) parts used~~ in ~~the repairs or renovations~~ of ~~the tangible personal property described~~
	3107	+	in Subsection (1)(g)(i), regardless of whether:
3106	3108		1529
3107		-	in ~~Subsection (1)(g)(i), regardless~~ of ~~whether:~~
	3109	+	(A) any parts are actually used in the repairs or renovations of that tangible
3108	3110		1530
3109		-	~~(A) any parts are actually used in the repairs~~ or ~~renovations of that tangible~~
	3111	+	personal property; or
3110	3112		1531
3111		-	~~personal property;~~ or
	3113	+	(B) the particular parts used in the repairs or renovations of that tangible personal
3112	3114		1532
3113		-	~~(B) the particular parts used in the repairs or renovations of that tangible personal~~
	3115	+	property are exempt from a tax under this chapter;
3114	3116		1533
3115		-	~~property are exempt from a tax under this chapter;~~
	3117	+	(h) except as provided in Subsection 59-12-104(7), amounts paid or charged for assisted
3116	3118		1534
3117		-	~~(h) except as provided in Subsection 59-12-104(7), amounts paid~~ or ~~charged for assisted~~
	3119	+	cleaning or washing of tangible personal property;
3118	3120		1535
3119		-	~~cleaning~~ or ~~washing~~ of ~~tangible personal property;~~
	3121	+	(i) amounts paid or charged for short-term rentals of tourist home, hotel, motel, or trailer
3120	3122		1536
3121		-	~~(i) amounts paid or charged for short-term rentals of tourist home, hotel, motel, or trailer~~
	3123	+	court accommodations and services;
3122	3124		1537
3123		-	~~court accommodations and~~ services;
	3125	+	(j) amounts paid or charged for laundry or dry cleaning services;
3124	3126		1538
3125		-	(j) amounts paid or charged for ~~laundry~~ or ~~dry cleaning services;~~
	3127	+	(k) amounts paid or charged for leases or rentals of tangible personal property if within
3126	3128		1539
3127		-	~~(k) amounts paid or charged for leases or rentals of~~ tangible personal property ~~if within~~
	3129	+	this state the tangible personal property is:
3128	3130		1540
3129		-	~~this state the tangible personal property is:~~
	3131	+	(i) stored;
3130	3132		1541
	3133	+	(ii) used; or
	3134	+	1542
	3135	+	(iii) otherwise consumed;
	3136	+	1543
	3137	+	(l) amounts paid or charged for tangible personal property if within this state the tangible
	3138	+	1544
	3139	+	personal property is:
	3140	+	1545
3131	3141		(i) stored;
3132		-	~~1542~~
	3142	+	1546
3133	3143		(ii) used; or
3134		-	1543
3135		-	(iii) otherwise consumed;
3136		-	1544
3137		-	(l) amounts paid or charged for tangible personal property if within this state the tangible
3138		-	1545
3139		-	personal property is:
3140		-	1546
3141		-	(i) stored;
3142	3144		1547
3143		-	(ii) ~~used~~; or
	3145	+	(iii) consumed;
3144	3146		1548
3145		-	(~~iii~~) ~~consumed;~~
	3147	+	(m) amounts paid or charged for a sale:
3146	3148		1549
3147		-	(m) ~~amounts paid or charged for~~ a ~~sale:~~
	3149	+	(i)(A) of a product transferred electronically; or
3148	3150		1550
3149		-	(i)(A) of a product transferred electronically; or
	3151	+	(B) of a repair or renovation of a product transferred electronically; and
3150	3152		1551
3151		-	(B) of ~~a repair or renovation of a product transferred electronically; and~~
	3153	+	(ii) regardless of whether the sale provides:
3152	3154		1552
3153		-	(ii) ~~regardless~~ of ~~whether~~ the ~~sale provides:~~
	3155	+	(A) a right of permanent use of the product; or
3154	3156		1553
3155		-	(A) a right of permanent use ~~of the product; or~~
	3157	+	(B) a right to use the product that is less than a permanent use, including a right:
3156	3158		1554
3157		-	(B) a ~~right to use the product that is less than a permanent use, including a right:~~
	3159	+	(I) for a definite or specified length of time; and
3158	3160		1555
3159		-	(I) ~~for~~ a ~~definite or specified length of time~~; and
	3161	+	(II) that terminates upon the occurrence of a condition; and
3160	3162		1556
3161		-	(II) ~~that terminates upon~~ the ~~occurrence of a condition;~~ ~~and~~
	3163	+	(n) sales of leased tangible personal property from the lessor to the lessee made in the
3162	3164		1557
3163		-	(n) sales of leased tangible personal property from the lessor to the lessee made in the
3164		-	- 46 - Enrolled Copy S.B. 195
	3165	+	state.
3165	3166		1558
3166		-	state.
	3167	+	(2)(a) Except as provided in Subsections (2)(b) through (f), a state tax and a local tax are
	3168	+	- 46 - 03-06 08:58 7th Sub. (Buff) S.B. 195
3167	3169		1559
3168		-	~~(2)(~~a~~) Except as provided~~ in ~~Subsections~~ (~~2)(b~~) ~~through (f), a state tax and a local tax are~~
	3170	+	imposed on a transaction described in Subsection (1) equal to the sum of:
3169	3171		1560
3170		-	imposed on a transaction ~~described in Subsection (1)~~ equal to the sum of:
	3172	+	(i) a state tax imposed on the transaction at a tax rate equal to the sum of:
3171	3173		1561
3172		-	(i) ~~a state tax imposed on~~ the ~~transaction at a tax~~ rate ~~equal to the sum of:~~
	3174	+	(A) 4.70% plus the rate specified in Subsection (11)(a); and
3173	3175		1562
3174		-	(A) ~~4.70% plus~~ the rate ~~specified~~ in ~~Subsection (11)(a); and~~
	3176	+	(B)(I) the tax rate the state imposes in accordance with Part 18, Additional
3175	3177		1563
3176		-	~~(B)(I)~~ the ~~tax rate~~ the ~~state imposes in accordance with Part 18, Additional~~
	3178	+	State Sales and Use Tax Act, if the location of the transaction as determined
3177	3179		1564
	3180	+	under Sections 59-12-211 through 59-12-215 is in a county in which the
	3181	+	1565
	3182	+	state imposes the tax under Part 18, Additional State Sales and Use Tax Act;
	3183	+	1566
	3184	+	and
	3185	+	1567
	3186	+	(II) the tax rate the state imposes in accordance with Part 20, Supplemental
	3187	+	1568
3178	3188		State Sales and Use Tax Act, if the location of the transaction as determined
3179		-	1565
3180		-	under Sections 59-12-211 through 59-12-215 is in a county in which the
3181		-	1566
3182		-	state imposes the tax under Part 18, Additional State Sales and Use Tax Act;
3183		-	1567
	3189	+	1569
	3190	+	under Sections 59-12-211 through 59-12-215 is in a city, town, or the
	3191	+	1570
	3192	+	unincorporated area of a county in which the state imposes the tax under
	3193	+	1571
	3194	+	Part 20, Supplemental State Sales and Use Tax Act; and
	3195	+	1572
	3196	+	(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
	3197	+	1573
	3198	+	transaction under this chapter other than this part.
	3199	+	1574
	3200	+	(b) Except as provided in Subsection (2)(f) or (g) and subject to Subsection (2)(l), a state
	3201	+	1575
	3202	+	tax and a local tax are imposed on a transaction described in Subsection (1)(d) equal
	3203	+	1576
	3204	+	to the sum of:
	3205	+	1577
	3206	+	(i) a state tax imposed on the transaction at a tax rate of 2%; and
	3207	+	1578
	3208	+	(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
	3209	+	1579
	3210	+	transaction under this chapter other than this part.
	3211	+	1580
	3212	+	(c) Except as provided in Subsection (2)(f) or (g), a state tax and a local tax are imposed
	3213	+	1581
	3214	+	on amounts paid or charged for food and food ingredients equal to the sum of:
	3215	+	1582
	3216	+	(i) a state tax imposed on the amounts paid or charged for food and food ingredients
	3217	+	1583
	3218	+	at a tax rate of 1.75%; and
	3219	+	1584
	3220	+	(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
	3221	+	1585
	3222	+	amounts paid or charged for food and food ingredients under this chapter other
	3223	+	1586
	3224	+	than this part.
	3225	+	1587
	3226	+	(d) Except as provided in Subsection (2)(f) or (g), a state tax is imposed on amounts paid
	3227	+	1588
	3228	+	or charged for fuel to a common carrier that is a railroad for use in a locomotive
	3229	+	1589
	3230	+	engine at a rate of 4.85%.
	3231	+	1590
	3232	+	(e)(i)(A) If a shared vehicle owner certifies to the commission, on a form
	3233	+	1591
	3234	+	prescribed by the commission, that the shared vehicle is an individual-owned
	3235	+	1592
	3236	+	shared vehicle, a tax imposed under Subsection (2)(a)(i)(A) does not apply to
	3237	+	- 47 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	3238	+	1593
	3239	+	car sharing, a car-sharing program, a shared vehicle driver, or a shared vehicle
	3240	+	1594
	3241	+	owner.
	3242	+	1595
	3243	+	(B) A shared vehicle owner's certification described in Subsection (2)(e)(i)(A) is
	3244	+	1596
	3245	+	required once during the time that the shared vehicle owner owns the shared
	3246	+	1597
	3247	+	vehicle.
	3248	+	1598
	3249	+	(C) The commission shall verify that a shared vehicle is an individual-owned
	3250	+	1599
	3251	+	shared vehicle by verifying that the applicable Utah taxes imposed under this
	3252	+	1600
	3253	+	chapter were paid on the purchase of the shared vehicle.
	3254	+	1601
	3255	+	(D) The exception under Subsection (2)(e)(i)(A) applies to a certified
	3256	+	1602
	3257	+	individual-owned shared vehicle shared through a car-sharing program even if
	3258	+	1603
	3259	+	non-certified shared vehicles are also available to be shared through the same
	3260	+	1604
	3261	+	car-sharing program.
	3262	+	1605
	3263	+	(ii) A tax imposed under Subsection (2)(a)(i)(B) or (2)(a)(ii) applies to car sharing.
	3264	+	1606
	3265	+	(iii)(A) A car-sharing program may rely in good faith on a shared vehicle owner's
	3266	+	1607
	3267	+	representation that the shared vehicle is an individual-owned shared vehicle
	3268	+	1608
	3269	+	certified with the commission as described in Subsection (2)(e)(i).
	3270	+	1609
	3271	+	(B) If a car-sharing program relies in good faith on a shared vehicle owner's
	3272	+	1610
	3273	+	representation that the shared vehicle is an individual-owned shared vehicle
	3274	+	1611
	3275	+	certified with the commission as described in Subsection (2)(e)(i), the
	3276	+	1612
	3277	+	car-sharing program is not liable for any tax, penalty, fee, or other sanction
	3278	+	1613
	3279	+	imposed on the shared vehicle owner.
	3280	+	1614
	3281	+	(iv) If all shared vehicles shared through a car-sharing program are certified as
	3282	+	1615
	3283	+	described in Subsection (2)(e)(i)(A) for a tax period, the car-sharing program has
	3284	+	1616
	3285	+	no obligation to collect and remit the tax under Subsection (2)(a)(i)(A) for that tax
	3286	+	1617
	3287	+	period.
	3288	+	1618
	3289	+	(v) A car-sharing program is not required to list or otherwise identify an
	3290	+	1619
	3291	+	individual-owned shared vehicle on a return or an attachment to a return.
	3292	+	1620
	3293	+	(vi) A car-sharing program shall:
	3294	+	1621
	3295	+	(A) retain tax information for each car-sharing program transaction; and
	3296	+	1622
	3297	+	(B) provide the information described in Subsection (2)(e)(vi)(A) to the
	3298	+	1623
	3299	+	commission at the commission's request.
	3300	+	1624
	3301	+	(f)(i) For a bundled transaction that is attributable to food and food ingredients and
	3302	+	1625
	3303	+	tangible personal property other than food and food ingredients, a state tax and a
	3304	+	1626
	3305	+	local tax is imposed on the entire bundled transaction equal to the sum of:
	3306	+	- 48 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	3307	+	1627
	3308	+	(A) a state tax imposed on the entire bundled transaction equal to the sum of:
	3309	+	1628
	3310	+	(I) the tax rate described in Subsection (2)(a)(i)(A); and
	3311	+	1629
	3312	+	(II)(Aa) the tax rate the state imposes in accordance with Part 18,
	3313	+	1630
	3314	+	Additional State Sales and Use Tax Act, if the location of the transaction
	3315	+	1631
	3316	+	as determined under Sections 59-12-211 through 59-12-215 is in a
	3317	+	1632
	3318	+	county in which the state imposes the tax under Part 18, Additional State
	3319	+	1633
	3320	+	Sales and Use Tax Act; and
	3321	+	1634
	3322	+	(Bb) the tax rate the state imposes in accordance with Part 20, Supplemental
	3323	+	1635
	3324	+	State Sales and Use Tax Act, if the location of the transaction as
	3325	+	1636
	3326	+	determined under Sections 59-12-211 through 59-12-215 is in a city,
	3327	+	1637
	3328	+	town, or the unincorporated area of a county in which the state imposes
	3329	+	1638
	3330	+	the tax under Part 20, Supplemental State Sales and Use Tax Act; and
	3331	+	1639
	3332	+	(B) a local tax imposed on the entire bundled transaction at the sum of the tax
	3333	+	1640
	3334	+	rates described in Subsection (2)(a)(ii).
	3335	+	1641
	3336	+	(ii) If an optional computer software maintenance contract is a bundled transaction
	3337	+	1642
	3338	+	that consists of taxable and nontaxable products that are not separately itemized
	3339	+	1643
	3340	+	on an invoice or similar billing document, the purchase of the optional computer
	3341	+	1644
	3342	+	software maintenance contract is 40% taxable under this chapter and 60%
	3343	+	1645
	3344	+	nontaxable under this chapter.
	3345	+	1646
	3346	+	(iii) Subject to Subsection (2)(f)(iv), for a bundled transaction other than a bundled
	3347	+	1647
	3348	+	transaction described in Subsection (2)(f)(i) or (ii):
	3349	+	1648
	3350	+	(A) if the sales price of the bundled transaction is attributable to tangible personal
	3351	+	1649
	3352	+	property, a product, or a service that is subject to taxation under this chapter
	3353	+	1650
	3354	+	and tangible personal property, a product, or service that is not subject to
	3355	+	1651
	3356	+	taxation under this chapter, the entire bundled transaction is subject to taxation
	3357	+	1652
	3358	+	under this chapter unless:
	3359	+	1653
	3360	+	(I) the seller is able to identify by reasonable and verifiable standards the
	3361	+	1654
	3362	+	tangible personal property, product, or service that is not subject to taxation
	3363	+	1655
	3364	+	under this chapter from the books and records the seller keeps in the seller's
	3365	+	1656
	3366	+	regular course of business; or
	3367	+	1657
	3368	+	(II) state or federal law provides otherwise; or
	3369	+	1658
	3370	+	(B) if the sales price of a bundled transaction is attributable to two or more items
	3371	+	1659
	3372	+	of tangible personal property, products, or services that are subject to taxation
	3373	+	1660
	3374	+	under this chapter at different rates, the entire bundled transaction is subject to
	3375	+	- 49 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	3376	+	1661
	3377	+	taxation under this chapter at the higher tax rate unless:
	3378	+	1662
	3379	+	(I) the seller is able to identify by reasonable and verifiable standards the
	3380	+	1663
	3381	+	tangible personal property, product, or service that is subject to taxation
	3382	+	1664
	3383	+	under this chapter at the lower tax rate from the books and records the seller
	3384	+	1665
	3385	+	keeps in the seller's regular course of business; or
	3386	+	1666
	3387	+	(II) state or federal law provides otherwise.
	3388	+	1667
	3389	+	(iv) For purposes of Subsection (2)(f)(iii), books and records that a seller keeps in the
	3390	+	1668
	3391	+	seller's regular course of business includes books and records the seller keeps in
	3392	+	1669
	3393	+	the regular course of business for nontax purposes.
	3394	+	1670
	3395	+	(g)(i) Except as otherwise provided in this chapter and subject to Subsections
	3396	+	1671
	3397	+	(2)(g)(ii) and (iii), if a transaction consists of the sale, lease, or rental of tangible
	3398	+	1672
	3399	+	personal property, a product, or a service that is subject to taxation under this
	3400	+	1673
	3401	+	chapter, and the sale, lease, or rental of tangible personal property, other property,
	3402	+	1674
	3403	+	a product, or a service that is not subject to taxation under this chapter, the entire
	3404	+	1675
	3405	+	transaction is subject to taxation under this chapter unless the seller, at the time of
	3406	+	1676
	3407	+	the transaction:
	3408	+	1677
	3409	+	(A) separately states the portion of the transaction that is not subject to taxation
	3410	+	1678
	3411	+	under this chapter on an invoice, bill of sale, or similar document provided to
	3412	+	1679
	3413	+	the purchaser; or
	3414	+	1680
	3415	+	(B) is able to identify by reasonable and verifiable standards, from the books and
	3416	+	1681
	3417	+	records the seller keeps in the seller's regular course of business, the portion of
	3418	+	1682
	3419	+	the transaction that is not subject to taxation under this chapter.
	3420	+	1683
	3421	+	(ii) A purchaser and a seller may correct the taxability of a transaction if:
	3422	+	1684
	3423	+	(A) after the transaction occurs, the purchaser and the seller discover that the
	3424	+	1685
	3425	+	portion of the transaction that is not subject to taxation under this chapter was
	3426	+	1686
	3427	+	not separately stated on an invoice, bill of sale, or similar document provided
	3428	+	1687
	3429	+	to the purchaser because of an error or ignorance of the law; and
	3430	+	1688
	3431	+	(B) the seller is able to identify by reasonable and verifiable standards, from the
	3432	+	1689
	3433	+	books and records the seller keeps in the seller's regular course of business, the
	3434	+	1690
	3435	+	portion of the transaction that is not subject to taxation under this chapter.
	3436	+	1691
	3437	+	(iii) For purposes of Subsections (2)(g)(i) and (ii), books and records that a seller
	3438	+	1692
	3439	+	keeps in the seller's regular course of business includes books and records the
	3440	+	1693
	3441	+	seller keeps in the regular course of business for nontax purposes.
	3442	+	1694
	3443	+	(h)(i) If the sales price of a transaction is attributable to two or more items of tangible
	3444	+	- 50 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	3445	+	1695
	3446	+	personal property, products, or services that are subject to taxation under this
	3447	+	1696
	3448	+	chapter at different rates, the entire purchase is subject to taxation under this
	3449	+	1697
	3450	+	chapter at the higher tax rate unless the seller, at the time of the transaction:
	3451	+	1698
	3452	+	(A) separately states the items subject to taxation under this chapter at each of the
	3453	+	1699
	3454	+	different rates on an invoice, bill of sale, or similar document provided to the
	3455	+	1700
	3456	+	purchaser; or
	3457	+	1701
	3458	+	(B) is able to identify by reasonable and verifiable standards the tangible personal
	3459	+	1702
	3460	+	property, product, or service that is subject to taxation under this chapter at the
	3461	+	1703
	3462	+	lower tax rate from the books and records the seller keeps in the seller's regular
	3463	+	1704
	3464	+	course of business.
	3465	+	1705
	3466	+	(ii) For purposes of Subsection (2)(h)(i), books and records that a seller keeps in the
	3467	+	1706
	3468	+	seller's regular course of business includes books and records the seller keeps in
	3469	+	1707
	3470	+	the regular course of business for nontax purposes.
	3471	+	1708
	3472	+	(i) Subject to Subsections (2)(j) and (k), a tax rate repeal or tax rate change for a tax rate
	3473	+	1709
	3474	+	imposed under the following shall take effect on the first day of a calendar quarter:
	3475	+	1710
	3476	+	(i) Subsection (2)(a)(i)(A);
	3477	+	1711
	3478	+	(ii) Subsection (2)(b)(i);
	3479	+	1712
	3480	+	(iii) Subsection (2)(c)(i); or
	3481	+	1713
	3482	+	(iv) Subsection (2)(f)(i)(A)(I).
	3483	+	1714
	3484	+	(j)(i) A tax rate increase takes effect on the first day of the first billing period that
	3485	+	1715
	3486	+	begins on or after the effective date of the tax rate increase if the billing period for
	3487	+	1716
	3488	+	the transaction begins before the effective date of a tax rate increase imposed
	3489	+	1717
	3490	+	under:
	3491	+	1718
	3492	+	(A) Subsection (2)(a)(i)(A);
	3493	+	1719
	3494	+	(B) Subsection (2)(b)(i);
	3495	+	1720
	3496	+	(C) Subsection (2)(c)(i); or
	3497	+	1721
	3498	+	(D) Subsection (2)(f)(i)(A)(I).
	3499	+	1722
	3500	+	(ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
	3501	+	1723
	3502	+	statement for the billing period is rendered on or after the effective date of the
	3503	+	1724
	3504	+	repeal of the tax or the tax rate decrease imposed under:
	3505	+	1725
	3506	+	(A) Subsection (2)(a)(i)(A);
	3507	+	1726
	3508	+	(B) Subsection (2)(b)(i);
	3509	+	1727
	3510	+	(C) Subsection (2)(c)(i); or
	3511	+	1728
	3512	+	(D) Subsection (2)(f)(i)(A)(I).
	3513	+	- 51 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	3514	+	1729
	3515	+	(k)(i) For a tax rate described in Subsection (2)(k)(ii), if a tax due on a catalogue sale
	3516	+	1730
	3517	+	is computed on the basis of sales and use tax rates published in the catalogue, a
	3518	+	1731
	3519	+	tax rate repeal or change in a tax rate takes effect:
	3520	+	1732
	3521	+	(A) on the first day of a calendar quarter; and
	3522	+	1733
	3523	+	(B) beginning 60 days after the effective date of the tax rate repeal or tax rate
	3524	+	1734
	3525	+	change.
	3526	+	1735
	3527	+	(ii) Subsection (2)(k)(i) applies to the tax rates described in the following:
	3528	+	1736
	3529	+	(A) Subsection (2)(a)(i)(A);
	3530	+	1737
	3531	+	(B) Subsection (2)(b)(i);
	3532	+	1738
	3533	+	(C) Subsection (2)(c)(i); or
	3534	+	1739
	3535	+	(D) Subsection (2)(f)(i)(A)(I).
	3536	+	1740
	3537	+	(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
	3538	+	1741
	3539	+	the commission may by rule define the term "catalogue sale."
	3540	+	1742
	3541	+	(l)(i) For a location described in Subsection (2)(l)(ii), the commission shall determine
	3542	+	1743
	3543	+	the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel
	3544	+	1744
	3545	+	based on the predominant use of the gas, electricity, heat, coal, fuel oil, or other
	3546	+	1745
	3547	+	fuel at the location.
	3548	+	1746
	3549	+	(ii) Subsection (2)(l)(i) applies to a location where gas, electricity, heat, coal, fuel oil,
	3550	+	1747
	3551	+	or other fuel is furnished through a single meter for two or more of the following
	3552	+	1748
	3553	+	uses:
	3554	+	1749
	3555	+	(A) a commercial use;
	3556	+	1750
	3557	+	(B) an industrial use; or
	3558	+	1751
	3559	+	(C) a residential use.
	3560	+	1752
	3561	+	(3)(a) The following state taxes shall be deposited into the General Fund:
	3562	+	1753
	3563	+	(i) the tax imposed by Subsection (2)(a)(i)(A);
	3564	+	1754
	3565	+	(ii) the tax imposed by Subsection (2)(b)(i);
	3566	+	1755
	3567	+	(iii) the tax imposed by Subsection (2)(c)(i); and
	3568	+	1756
	3569	+	(iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
	3570	+	1757
	3571	+	(b) The following local taxes shall be distributed to a county, city, or town as provided
	3572	+	1758
	3573	+	in this chapter:
	3574	+	1759
	3575	+	(i) the tax imposed by Subsection (2)(a)(ii);
	3576	+	1760
	3577	+	(ii) the tax imposed by Subsection (2)(b)(ii);
	3578	+	1761
	3579	+	(iii) the tax imposed by Subsection (2)(c)(ii); and
	3580	+	1762
	3581	+	(iv) the tax imposed by Subsection (2)(f)(i)(B).
	3582	+	- 52 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	3583	+	1763
	3584	+	(c) The state tax imposed by Subsection (2)(d) shall be deposited into the General Fund.
	3585	+	1764
	3586	+	(4)(a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
	3587	+	1765
	3588	+	2003, the lesser of the following amounts shall be expended as provided in
	3589	+	1766
	3590	+	Subsections (4)(b) through (g):
	3591	+	1767
	3592	+	(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
	3593	+	1768
	3594	+	(A) by a 1/16% tax rate on the transactions described in Subsection (1); and
	3595	+	1769
	3596	+	(B) for the fiscal year; or
	3597	+	1770
	3598	+	(ii) $17,500,000.
	3599	+	1771
	3600	+	(b)(i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
	3601	+	1772
	3602	+	described in Subsection (4)(a) shall be transferred each year as designated sales
	3603	+	1773
	3604	+	and use tax revenue to the Division of Wildlife Resources to:
	3605	+	1774
	3606	+	(A) implement the measures described in Subsections 23A-3-214(3)(a) through
	3607	+	1775
	3608	+	(d) to protect sensitive plant and animal species; or
	3609	+	1776
	3610	+	(B) award grants, up to the amount authorized by the Legislature in an
	3611	+	1777
	3612	+	appropriations act, to political subdivisions of the state to implement the
	3613	+	1778
	3614	+	measures described in Subsections 23A-3-214(3)(a) through (d) to protect
	3615	+	1779
	3616	+	sensitive plant and animal species.
	3617	+	1780
	3618	+	(ii) Money transferred to the Division of Wildlife Resources under Subsection
	3619	+	1781
	3620	+	(4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or
	3621	+	1782
	3622	+	any other person to list or attempt to have listed a species as threatened or
	3623	+	1783
	3624	+	endangered under the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et
	3625	+	1784
	3626	+	seq.
	3627	+	1785
	3628	+	(iii) At the end of each fiscal year:
	3629	+	1786
	3630	+	(A) 50% of any unexpended designated sales and use tax revenue shall lapse to
	3631	+	1787
	3632	+	the Water Resources Conservation and Development Fund created in Section
	3633	+	1788
	3634	+	73-10-24;
	3635	+	1789
	3636	+	(B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
	3637	+	1790
	3638	+	Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
	3639	+	1791
	3640	+	(C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
	3641	+	1792
	3642	+	Drinking Water Loan Program Subaccount created in Section 73-10c-5.
	3643	+	1793
	3644	+	(c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
	3645	+	1794
	3646	+	Subsection (4)(a) shall be deposited each year in the Agriculture Resource
	3647	+	1795
	3648	+	Development Fund created in Section 4-18-106.
	3649	+	1796
	3650	+	(d)(i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount
	3651	+	- 53 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	3652	+	1797
	3653	+	described in Subsection (4)(a) shall be transferred each year as designated sales
	3654	+	1798
	3655	+	and use tax revenue to the Division of Water Rights to cover the costs incurred in
	3656	+	1799
	3657	+	hiring legal and technical staff for the adjudication of water rights.
	3658	+	1800
	3659	+	(ii) At the end of each fiscal year:
	3660	+	1801
	3661	+	(A) 50% of any unexpended designated sales and use tax revenue shall lapse to
	3662	+	1802
	3663	+	the Water Resources Conservation and Development Fund created in Section
	3664	+	1803
	3665	+	73-10-24;
	3666	+	1804
	3667	+	(B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
	3668	+	1805
	3669	+	Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
	3670	+	1806
	3671	+	(C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
	3672	+	1807
	3673	+	Drinking Water Loan Program Subaccount created in Section 73-10c-5.
	3674	+	1808
	3675	+	(e)(i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount
	3676	+	1809
	3677	+	described in Subsection (4)(a) shall be deposited into the Water Resources
	3678	+	1810
	3679	+	Conservation and Development Fund created in Section 73-10-24 for use by the
	3680	+	1811
	3681	+	Division of Water Resources.
	3682	+	1812
	3683	+	(ii) In addition to the uses allowed of the Water Resources Conservation and
	3684	+	1813
	3685	+	Development Fund under Section 73-10-24, the Water Resources Conservation
	3686	+	1814
	3687	+	and Development Fund may also be used to:
	3688	+	1815
	3689	+	(A) conduct hydrologic and geotechnical investigations by the Division of Water
	3690	+	1816
	3691	+	Resources in a cooperative effort with other state, federal, or local entities, for
	3692	+	1817
	3693	+	the purpose of quantifying surface and ground water resources and describing
	3694	+	1818
	3695	+	the hydrologic systems of an area in sufficient detail so as to enable local and
	3696	+	1819
	3697	+	state resource managers to plan for and accommodate growth in water use
	3698	+	1820
	3699	+	without jeopardizing the resource;
	3700	+	1821
	3701	+	(B) fund state required dam safety improvements; and
	3702	+	1822
	3703	+	(C) protect the state's interest in interstate water compact allocations, including the
	3704	+	1823
	3705	+	hiring of technical and legal staff.
	3706	+	1824
	3707	+	(f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described in
	3708	+	1825
	3709	+	Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program
	3710	+	1826
	3711	+	Subaccount created in Section 73-10c-5 for use by the Water Quality Board to fund
	3712	+	1827
	3713	+	wastewater projects.
	3714	+	1828
	3715	+	(g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
	3716	+	1829
	3717	+	in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program
	3718	+	1830
	3719	+	Subaccount created in Section 73-10c-5 for use by the Division of Drinking Water to:
	3720	+	- 54 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	3721	+	1831
	3722	+	(i) provide for the installation and repair of collection, treatment, storage, and
	3723	+	1832
	3724	+	distribution facilities for any public water system, as defined in Section 19-4-102;
	3725	+	1833
	3726	+	(ii) develop underground sources of water, including springs and wells; and
	3727	+	1834
	3728	+	(iii) develop surface water sources.
	3729	+	1835
	3730	+	(5)(a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
	3731	+	1836
	3732	+	2006, the difference between the following amounts shall be expended as provided in
	3733	+	1837
	3734	+	this Subsection (5), if that difference is greater than $1:
	3735	+	1838
	3736	+	(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for
	3737	+	1839
	3738	+	the fiscal year by a 1/16% tax rate on the transactions described in Subsection (1);
	3739	+	1840
3184	3740		and
3185		-	1568
3186		-	(II) the tax rate the state imposes in accordance with Part 20, Supplemental
3187		-	1569
3188		-	State Sales and Use Tax Act, if the location of the transaction as determined
3189		-	1570
3190		-	under Sections 59-12-211 through 59-12-215 is in a city, town, or the
3191		-	1571
3192		-	unincorporated area of a county in which the state imposes the tax under
3193		-	1572
3194		-	Part 20, Supplemental State Sales and Use Tax Act; and
3195		-	1573
3196		-	(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
3197		-	1574
3198		-	transaction under this chapter other than this part.
3199		-	1575
3200		-	(b) Except as provided in Subsection (2)(f) or (g) and subject to Subsection (2)(l), a state
3201		-	1576
3202		-	tax and a local tax are imposed on a transaction described in Subsection (1)(d) equal
3203		-	1577
3204		-	to the sum of:
3205		-	1578
3206		-	(i) a state tax imposed on the transaction at a tax rate of 2%; and
3207		-	1579
3208		-	(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
3209		-	1580
3210		-	transaction under this chapter other than this part.
3211		-	1581
3212		-	(c) Except as provided in Subsection (2)(f) or (g), a state tax and a local tax are imposed
3213		-	1582
3214		-	on amounts paid or charged for food and food ingredients equal to the sum of:
3215		-	1583
3216		-	(i) a state tax imposed on the amounts paid or charged for food and food ingredients
3217		-	1584
3218		-	at a tax rate of 1.75%; and
3219		-	1585
3220		-	(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
3221		-	1586
3222		-	amounts paid or charged for food and food ingredients under this chapter other
3223		-	1587
3224		-	than this part.
3225		-	1588
3226		-	(d) Except as provided in Subsection (2)(f) or (g), a state tax is imposed on amounts paid
3227		-	1589
3228		-	or charged for fuel to a common carrier that is a railroad for use in a locomotive
3229		-	1590
3230		-	engine at a rate of 4.85%.
3231		-	1591
3232		-	(e)(i)(A) If a shared vehicle owner certifies to the commission, on a form
3233		-	- 47 - S.B. 195 Enrolled Copy
3234		-	1592
3235		-	prescribed by the commission, that the shared vehicle is an individual-owned
3236		-	1593
3237		-	shared vehicle, a tax imposed under Subsection (2)(a)(i)(A) does not apply to
3238		-	1594
3239		-	car sharing, a car-sharing program, a shared vehicle driver, or a shared vehicle
3240		-	1595
3241		-	owner.
3242		-	1596
3243		-	(B) A shared vehicle owner's certification described in Subsection (2)(e)(i)(A) is
3244		-	1597
3245		-	required once during the time that the shared vehicle owner owns the shared
3246		-	1598
3247		-	vehicle.
3248		-	1599
3249		-	(C) The commission shall verify that a shared vehicle is an individual-owned
3250		-	1600
3251		-	shared vehicle by verifying that the applicable Utah taxes imposed under this
3252		-	1601
3253		-	chapter were paid on the purchase of the shared vehicle.
3254		-	1602
3255		-	(D) The exception under Subsection (2)(e)(i)(A) applies to a certified
3256		-	1603
3257		-	individual-owned shared vehicle shared through a car-sharing program even if
3258		-	1604
3259		-	non-certified shared vehicles are also available to be shared through the same
3260		-	1605
3261		-	car-sharing program.
3262		-	1606
3263		-	(ii) A tax imposed under Subsection (2)(a)(i)(B) or (2)(a)(ii) applies to car sharing.
3264		-	1607
3265		-	(iii)(A) A car-sharing program may rely in good faith on a shared vehicle owner's
3266		-	1608
3267		-	representation that the shared vehicle is an individual-owned shared vehicle
3268		-	1609
3269		-	certified with the commission as described in Subsection (2)(e)(i).
3270		-	1610
3271		-	(B) If a car-sharing program relies in good faith on a shared vehicle owner's
3272		-	1611
3273		-	representation that the shared vehicle is an individual-owned shared vehicle
3274		-	1612
3275		-	certified with the commission as described in Subsection (2)(e)(i), the
3276		-	1613
3277		-	car-sharing program is not liable for any tax, penalty, fee, or other sanction
3278		-	1614
3279		-	imposed on the shared vehicle owner.
3280		-	1615
3281		-	(iv) If all shared vehicles shared through a car-sharing program are certified as
3282		-	1616
3283		-	described in Subsection (2)(e)(i)(A) for a tax period, the car-sharing program has
3284		-	1617
3285		-	no obligation to collect and remit the tax under Subsection (2)(a)(i)(A) for that tax
3286		-	1618
3287		-	period.
3288		-	1619
3289		-	(v) A car-sharing program is not required to list or otherwise identify an
3290		-	1620
3291		-	individual-owned shared vehicle on a return or an attachment to a return.
3292		-	1621
3293		-	(vi) A car-sharing program shall:
3294		-	1622
3295		-	(A) retain tax information for each car-sharing program transaction; and
3296		-	1623
3297		-	(B) provide the information described in Subsection (2)(e)(vi)(A) to the
3298		-	1624
3299		-	commission at the commission's request.
3300		-	1625
3301		-	(f)(i) For a bundled transaction that is attributable to food and food ingredients and
3302		-	- 48 - Enrolled Copy S.B. 195
3303		-	1626
3304		-	tangible personal property other than food and food ingredients, a state tax and a
3305		-	1627
3306		-	local tax is imposed on the entire bundled transaction equal to the sum of:
3307		-	1628
3308		-	(A) a state tax imposed on the entire bundled transaction equal to the sum of:
3309		-	1629
3310		-	(I) the tax rate described in Subsection (2)(a)(i)(A); and
3311		-	1630
3312		-	(II)(Aa) the tax rate the state imposes in accordance with Part 18,
3313		-	1631
3314		-	Additional State Sales and Use Tax Act, if the location of the transaction
3315		-	1632
3316		-	as determined under Sections 59-12-211 through 59-12-215 is in a
3317		-	1633
3318		-	county in which the state imposes the tax under Part 18, Additional State
3319		-	1634
3320		-	Sales and Use Tax Act; and
3321		-	1635
3322		-	(Bb) the tax rate the state imposes in accordance with Part 20, Supplemental
3323		-	1636
3324		-	State Sales and Use Tax Act, if the location of the transaction as
3325		-	1637
3326		-	determined under Sections 59-12-211 through 59-12-215 is in a city,
3327		-	1638
3328		-	town, or the unincorporated area of a county in which the state imposes
3329		-	1639
3330		-	the tax under Part 20, Supplemental State Sales and Use Tax Act; and
3331		-	1640
3332		-	(B) a local tax imposed on the entire bundled transaction at the sum of the tax
3333		-	1641
3334		-	rates described in Subsection (2)(a)(ii).
3335		-	1642
3336		-	(ii) If an optional computer software maintenance contract is a bundled transaction
3337		-	1643
3338		-	that consists of taxable and nontaxable products that are not separately itemized
3339		-	1644
3340		-	on an invoice or similar billing document, the purchase of the optional computer
3341		-	1645
3342		-	software maintenance contract is 40% taxable under this chapter and 60%
3343		-	1646
3344		-	nontaxable under this chapter.
3345		-	1647
3346		-	(iii) Subject to Subsection (2)(f)(iv), for a bundled transaction other than a bundled
3347		-	1648
3348		-	transaction described in Subsection (2)(f)(i) or (ii):
3349		-	1649
3350		-	(A) if the sales price of the bundled transaction is attributable to tangible personal
3351		-	1650
3352		-	property, a product, or a service that is subject to taxation under this chapter
3353		-	1651
3354		-	and tangible personal property, a product, or service that is not subject to
3355		-	1652
3356		-	taxation under this chapter, the entire bundled transaction is subject to taxation
3357		-	1653
3358		-	under this chapter unless:
3359		-	1654
3360		-	(I) the seller is able to identify by reasonable and verifiable standards the
3361		-	1655
3362		-	tangible personal property, product, or service that is not subject to taxation
3363		-	1656
3364		-	under this chapter from the books and records the seller keeps in the seller's
3365		-	1657
3366		-	regular course of business; or
3367		-	1658
3368		-	(II) state or federal law provides otherwise; or
3369		-	1659
3370		-	(B) if the sales price of a bundled transaction is attributable to two or more items
3371		-	- 49 - S.B. 195 Enrolled Copy
3372		-	1660
3373		-	of tangible personal property, products, or services that are subject to taxation
3374		-	1661
3375		-	under this chapter at different rates, the entire bundled transaction is subject to
3376		-	1662
3377		-	taxation under this chapter at the higher tax rate unless:
3378		-	1663
3379		-	(I) the seller is able to identify by reasonable and verifiable standards the
3380		-	1664
3381		-	tangible personal property, product, or service that is subject to taxation
3382		-	1665
3383		-	under this chapter at the lower tax rate from the books and records the seller
3384		-	1666
3385		-	keeps in the seller's regular course of business; or
3386		-	1667
3387		-	(II) state or federal law provides otherwise.
3388		-	1668
3389		-	(iv) For purposes of Subsection (2)(f)(iii), books and records that a seller keeps in the
3390		-	1669
3391		-	seller's regular course of business includes books and records the seller keeps in
3392		-	1670
3393		-	the regular course of business for nontax purposes.
3394		-	1671
3395		-	(g)(i) Except as otherwise provided in this chapter and subject to Subsections
3396		-	1672
3397		-	(2)(g)(ii) and (iii), if a transaction consists of the sale, lease, or rental of tangible
3398		-	1673
3399		-	personal property, a product, or a service that is subject to taxation under this
3400		-	1674
3401		-	chapter, and the sale, lease, or rental of tangible personal property, other property,
3402		-	1675
3403		-	a product, or a service that is not subject to taxation under this chapter, the entire
3404		-	1676
3405		-	transaction is subject to taxation under this chapter unless the seller, at the time of
3406		-	1677
3407		-	the transaction:
3408		-	1678
3409		-	(A) separately states the portion of the transaction that is not subject to taxation
3410		-	1679
3411		-	under this chapter on an invoice, bill of sale, or similar document provided to
3412		-	1680
3413		-	the purchaser; or
3414		-	1681
3415		-	(B) is able to identify by reasonable and verifiable standards, from the books and
3416		-	1682
3417		-	records the seller keeps in the seller's regular course of business, the portion of
3418		-	1683
3419		-	the transaction that is not subject to taxation under this chapter.
3420		-	1684
3421		-	(ii) A purchaser and a seller may correct the taxability of a transaction if:
3422		-	1685
3423		-	(A) after the transaction occurs, the purchaser and the seller discover that the
3424		-	1686
3425		-	portion of the transaction that is not subject to taxation under this chapter was
3426		-	1687
3427		-	not separately stated on an invoice, bill of sale, or similar document provided
3428		-	1688
3429		-	to the purchaser because of an error or ignorance of the law; and
3430		-	1689
3431		-	(B) the seller is able to identify by reasonable and verifiable standards, from the
3432		-	1690
3433		-	books and records the seller keeps in the seller's regular course of business, the
3434		-	1691
3435		-	portion of the transaction that is not subject to taxation under this chapter.
3436		-	1692
3437		-	(iii) For purposes of Subsections (2)(g)(i) and (ii), books and records that a seller
3438		-	1693
3439		-	keeps in the seller's regular course of business includes books and records the
3440		-	- 50 - Enrolled Copy S.B. 195
3441		-	1694
3442		-	seller keeps in the regular course of business for nontax purposes.
3443		-	1695
3444		-	(h)(i) If the sales price of a transaction is attributable to two or more items of tangible
3445		-	1696
3446		-	personal property, products, or services that are subject to taxation under this
3447		-	1697
3448		-	chapter at different rates, the entire purchase is subject to taxation under this
3449		-	1698
3450		-	chapter at the higher tax rate unless the seller, at the time of the transaction:
3451		-	1699
3452		-	(A) separately states the items subject to taxation under this chapter at each of the
3453		-	1700
3454		-	different rates on an invoice, bill of sale, or similar document provided to the
3455		-	1701
3456		-	purchaser; or
3457		-	1702
3458		-	(B) is able to identify by reasonable and verifiable standards the tangible personal
3459		-	1703
3460		-	property, product, or service that is subject to taxation under this chapter at the
3461		-	1704
3462		-	lower tax rate from the books and records the seller keeps in the seller's regular
3463		-	1705
3464		-	course of business.
3465		-	1706
3466		-	(ii) For purposes of Subsection (2)(h)(i), books and records that a seller keeps in the
3467		-	1707
3468		-	seller's regular course of business includes books and records the seller keeps in
3469		-	1708
3470		-	the regular course of business for nontax purposes.
3471		-	1709
3472		-	(i) Subject to Subsections (2)(j) and (k), a tax rate repeal or tax rate change for a tax rate
3473		-	1710
3474		-	imposed under the following shall take effect on the first day of a calendar quarter:
3475		-	1711
3476		-	(i) Subsection (2)(a)(i)(A);
3477		-	1712
3478		-	(ii) Subsection (2)(b)(i);
3479		-	1713
3480		-	(iii) Subsection (2)(c)(i); or
3481		-	1714
3482		-	(iv) Subsection (2)(f)(i)(A)(I).
3483		-	1715
3484		-	(j)(i) A tax rate increase takes effect on the first day of the first billing period that
3485		-	1716
3486		-	begins on or after the effective date of the tax rate increase if the billing period for
3487		-	1717
3488		-	the transaction begins before the effective date of a tax rate increase imposed
3489		-	1718
3490		-	under:
3491		-	1719
3492		-	(A) Subsection (2)(a)(i)(A);
3493		-	1720
3494		-	(B) Subsection (2)(b)(i);
3495		-	1721
3496		-	(C) Subsection (2)(c)(i); or
3497		-	1722
3498		-	(D) Subsection (2)(f)(i)(A)(I).
3499		-	1723
3500		-	(ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
3501		-	1724
3502		-	statement for the billing period is rendered on or after the effective date of the
3503		-	1725
3504		-	repeal of the tax or the tax rate decrease imposed under:
3505		-	1726
3506		-	(A) Subsection (2)(a)(i)(A);
3507		-	1727
3508		-	(B) Subsection (2)(b)(i);
3509		-	- 51 - S.B. 195 Enrolled Copy
3510		-	1728
3511		-	(C) Subsection (2)(c)(i); or
3512		-	1729
3513		-	(D) Subsection (2)(f)(i)(A)(I).
3514		-	1730
3515		-	(k)(i) For a tax rate described in Subsection (2)(k)(ii), if a tax due on a catalogue sale
3516		-	1731
3517		-	is computed on the basis of sales and use tax rates published in the catalogue, a
3518		-	1732
3519		-	tax rate repeal or change in a tax rate takes effect:
3520		-	1733
3521		-	(A) on the first day of a calendar quarter; and
3522		-	1734
3523		-	(B) beginning 60 days after the effective date of the tax rate repeal or tax rate
3524		-	1735
3525		-	change.
3526		-	1736
3527		-	(ii) Subsection (2)(k)(i) applies to the tax rates described in the following:
3528		-	1737
3529		-	(A) Subsection (2)(a)(i)(A);
3530		-	1738
3531		-	(B) Subsection (2)(b)(i);
3532		-	1739
3533		-	(C) Subsection (2)(c)(i); or
3534		-	1740
3535		-	(D) Subsection (2)(f)(i)(A)(I).
3536		-	1741
3537		-	(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3538		-	1742
3539		-	the commission may by rule define the term "catalogue sale."
3540		-	1743
3541		-	(l)(i) For a location described in Subsection (2)(l)(ii), the commission shall determine
3542		-	1744
3543		-	the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel
3544		-	1745
3545		-	based on the predominant use of the gas, electricity, heat, coal, fuel oil, or other
3546		-	1746
3547		-	fuel at the location.
3548		-	1747
3549		-	(ii) Subsection (2)(l)(i) applies to a location where gas, electricity, heat, coal, fuel oil,
3550		-	1748
3551		-	or other fuel is furnished through a single meter for two or more of the following
3552		-	1749
3553		-	uses:
3554		-	1750
3555		-	(A) a commercial use;
3556		-	1751
3557		-	(B) an industrial use; or
3558		-	1752
3559		-	(C) a residential use.
3560		-	1753
3561		-	(3)(a) The following state taxes shall be deposited into the General Fund:
3562		-	1754
3563		-	(i) the tax imposed by Subsection (2)(a)(i)(A);
3564		-	1755
	3741	+	1841
	3742	+	(ii) $17,500,000.
	3743	+	1842
	3744	+	(b)(i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
	3745	+	1843
	3746	+	(A) transferred each fiscal year to the Department of Natural Resources as
	3747	+	1844
	3748	+	designated sales and use tax revenue; and
	3749	+	1845
	3750	+	(B) expended by the Department of Natural Resources for watershed rehabilitation
	3751	+	1846
	3752	+	or restoration.
	3753	+	1847
	3754	+	(ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
	3755	+	1848
	3756	+	tax revenue described in Subsection (5)(b)(i) shall lapse to the Water Resources
	3757	+	1849
	3758	+	Conservation and Development Fund created in Section 73-10-24.
	3759	+	1850
	3760	+	(c)(i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
	3761	+	1851
	3762	+	remaining difference described in Subsection (5)(a) shall be:
	3763	+	1852
	3764	+	(A) transferred each fiscal year to the Division of Water Resources as designated
	3765	+	1853
	3766	+	sales and use tax revenue; and
	3767	+	1854
	3768	+	(B) expended by the Division of Water Resources for cloud-seeding projects
	3769	+	1855
	3770	+	authorized by Title 73, Chapter 15, Modification of Weather.
	3771	+	1856
	3772	+	(ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
	3773	+	1857
	3774	+	tax revenue described in Subsection (5)(c)(i) shall lapse to the Water Resources
	3775	+	1858
	3776	+	Conservation and Development Fund created in Section 73-10-24.
	3777	+	1859
	3778	+	(d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
	3779	+	1860
	3780	+	remaining difference described in Subsection (5)(a) shall be deposited into the Water
	3781	+	1861
	3782	+	Resources Conservation and Development Fund created in Section 73-10-24 for use
	3783	+	1862
	3784	+	by the Division of Water Resources for:
	3785	+	1863
	3786	+	(i) preconstruction costs:
	3787	+	1864
	3788	+	(A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73,
	3789	+	- 55 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	3790	+	1865
	3791	+	Chapter 26, Bear River Development Act; and
	3792	+	1866
	3793	+	(B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
	3794	+	1867
	3795	+	authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
	3796	+	1868
	3797	+	(ii) the cost of employing a civil engineer to oversee any project authorized by Title
	3798	+	1869
	3799	+	73, Chapter 26, Bear River Development Act;
	3800	+	1870
	3801	+	(iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline
	3802	+	1871
	3803	+	project authorized by Title 73, Chapter 28, Lake Powell Pipeline Development
	3804	+	1872
	3805	+	Act; and
	3806	+	1873
	3807	+	(iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and
	3808	+	1874
	3809	+	Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i)
	3810	+	1875
	3811	+	through (iii).
	3812	+	1876
	3813	+	(e) After making the transfers required by Subsections (5)(b) and (c), 15% of the
	3814	+	1877
	3815	+	remaining difference described in Subsection (5)(a) shall be deposited each year into
	3816	+	1878
	3817	+	the Water Rights Restricted Account created by Section 73-2-1.6.
	3818	+	1879
	3819	+	(6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), each
	3820	+	1880
	3821	+	fiscal year, the commission shall deposit into the Water Infrastructure Restricted
	3822	+	1881
	3823	+	Account created in Section 73-10g-103 the amount of revenue generated by a 1/16% tax
	3824	+	1882
	3825	+	rate on the transactions described in Subsection (1) for the fiscal year.
	3826	+	1883
	3827	+	(7)(a) Notwithstanding Subsection (3)(a) and subject to Subsections (7)(b), (c), and (d),
	3828	+	1884
	3829	+	for a fiscal year beginning on or after July 1, 2023, the commission shall deposit into
	3830	+	1885
	3831	+	the Transportation Investment Fund of 2005 created by Section 72-2-124 a portion of
	3832	+	1886
	3833	+	the taxes listed under Subsection (3)(a) equal to [17%] 24% of the revenue collected
	3834	+	1887
	3835	+	from the following sales and use taxes:
	3836	+	1888
	3837	+	(i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
	3838	+	1889
3565	3839		(ii) the tax imposed by Subsection (2)(b)(i);
3566		-	~~1756~~
	3840	+	1890
3567	3841		(iii) the tax imposed by Subsection (2)(c)(i); and
3568		-	~~1757~~
	3842	+	1891
3569	3843		(iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
3570		-	1758
3571		-	(b) The following local taxes shall be distributed to a county, city, or town as provided
3572		-	1759
3573		-	in this chapter:
3574		-	1760
3575		-	(i) the tax imposed by Subsection (2)(a)(ii);
3576		-	1761
3577		-	(ii) the tax imposed by Subsection (2)(b)(ii);
3578		-	- 52 - Enrolled Copy S.B. 195
3579		-	1762
3580		-	(iii) the tax imposed by Subsection (2)(c)(ii); and
3581		-	1763
3582		-	(iv) the tax imposed by Subsection (2)(f)(i)(B).
3583		-	1764
3584		-	(c) The state tax imposed by Subsection (2)(d) shall be deposited into the General Fund.
3585		-	1765
3586		-	(4)(a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
3587		-	1766
3588		-	2003, the lesser of the following amounts shall be expended as provided in
3589		-	1767
3590		-	Subsections (4)(b) through (g):
3591		-	1768
3592		-	(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
3593		-	1769
3594		-	(A) by a 1/16% tax rate on the transactions described in Subsection (1); and
3595		-	1770
3596		-	(B) for the fiscal year; or
3597		-	1771
3598		-	(ii) $17,500,000.
3599		-	1772
3600		-	(b)(i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
3601		-	1773
3602		-	described in Subsection (4)(a) shall be transferred each year as designated sales
3603		-	1774
3604		-	and use tax revenue to the Division of Wildlife Resources to:
3605		-	1775
3606		-	(A) implement the measures described in Subsections 23A-3-214(3)(a) through (d)
3607		-	1776
3608		-	to protect sensitive plant and animal species; or
3609		-	1777
3610		-	(B) award grants, up to the amount authorized by the Legislature in an
3611		-	1778
3612		-	appropriations act, to political subdivisions of the state to implement the
3613		-	1779
3614		-	measures described in Subsections 23A-3-214(3)(a) through (d) to protect
3615		-	1780
3616		-	sensitive plant and animal species.
3617		-	1781
3618		-	(ii) Money transferred to the Division of Wildlife Resources under Subsection
3619		-	1782
3620		-	(4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or
3621		-	1783
3622		-	any other person to list or attempt to have listed a species as threatened or
3623		-	1784
3624		-	endangered under the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et
3625		-	1785
3626		-	seq.
3627		-	1786
3628		-	(iii) At the end of each fiscal year:
3629		-	1787
3630		-	(A) 50% of any unexpended designated sales and use tax revenue shall lapse to
3631		-	1788
3632		-	the Water Resources Conservation and Development Fund created in Section
3633		-	1789
3634		-	73-10-24;
3635		-	1790
3636		-	(B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
3637		-	1791
3638		-	Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
3639		-	1792
3640		-	(C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
3641		-	1793
3642		-	Drinking Water Loan Program Subaccount created in Section 73-10c-5.
3643		-	1794
3644		-	(c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
3645		-	1795
3646		-	Subsection (4)(a) shall be deposited each year in the Agriculture Resource
3647		-	- 53 - S.B. 195 Enrolled Copy
3648		-	1796
3649		-	Development Fund created in Section 4-18-106.
3650		-	1797
3651		-	(d)(i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount
3652		-	1798
3653		-	described in Subsection (4)(a) shall be transferred each year as designated sales
3654		-	1799
3655		-	and use tax revenue to the Division of Water Rights to cover the costs incurred in
3656		-	1800
3657		-	hiring legal and technical staff for the adjudication of water rights.
3658		-	1801
3659		-	(ii) At the end of each fiscal year:
3660		-	1802
3661		-	(A) 50% of any unexpended designated sales and use tax revenue shall lapse to
3662		-	1803
3663		-	the Water Resources Conservation and Development Fund created in Section
3664		-	1804
3665		-	73-10-24;
3666		-	1805
3667		-	(B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
3668		-	1806
3669		-	Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
3670		-	1807
3671		-	(C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
3672		-	1808
3673		-	Drinking Water Loan Program Subaccount created in Section 73-10c-5.
3674		-	1809
3675		-	(e)(i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount
3676		-	1810
3677		-	described in Subsection (4)(a) shall be deposited into the Water Resources
3678		-	1811
3679		-	Conservation and Development Fund created in Section 73-10-24 for use by the
3680		-	1812
3681		-	Division of Water Resources.
3682		-	1813
3683		-	(ii) In addition to the uses allowed of the Water Resources Conservation and
3684		-	1814
3685		-	Development Fund under Section 73-10-24, the Water Resources Conservation
3686		-	1815
3687		-	and Development Fund may also be used to:
3688		-	1816
3689		-	(A) conduct hydrologic and geotechnical investigations by the Division of Water
3690		-	1817
3691		-	Resources in a cooperative effort with other state, federal, or local entities, for
3692		-	1818
3693		-	the purpose of quantifying surface and ground water resources and describing
3694		-	1819
3695		-	the hydrologic systems of an area in sufficient detail so as to enable local and
3696		-	1820
3697		-	state resource managers to plan for and accommodate growth in water use
3698		-	1821
3699		-	without jeopardizing the resource;
3700		-	1822
3701		-	(B) fund state required dam safety improvements; and
3702		-	1823
3703		-	(C) protect the state's interest in interstate water compact allocations, including the
3704		-	1824
3705		-	hiring of technical and legal staff.
3706		-	1825
3707		-	(f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described in
3708		-	1826
3709		-	Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program
3710		-	1827
3711		-	Subaccount created in Section 73-10c-5 for use by the Water Quality Board to fund
3712		-	1828
3713		-	wastewater projects.
3714		-	1829
3715		-	(g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
3716		-	- 54 - Enrolled Copy S.B. 195
3717		-	1830
3718		-	in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program
3719		-	1831
3720		-	Subaccount created in Section 73-10c-5 for use by the Division of Drinking Water to:
3721		-	1832
3722		-	(i) provide for the installation and repair of collection, treatment, storage, and
3723		-	1833
3724		-	distribution facilities for any public water system, as defined in Section 19-4-102;
3725		-	1834
3726		-	(ii) develop underground sources of water, including springs and wells; and
3727		-	1835
3728		-	(iii) develop surface water sources.
3729		-	1836
3730		-	(5)(a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
3731		-	1837
3732		-	2006, the difference between the following amounts shall be expended as provided in
3733		-	1838
3734		-	this Subsection (5), if that difference is greater than $1:
3735		-	1839
3736		-	(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for
3737		-	1840
3738		-	the fiscal year by a 1/16% tax rate on the transactions described in Subsection (1);
3739		-	1841
3740		-	and
3741		-	1842
3742		-	(ii) $17,500,000.
3743		-	1843
3744		-	(b)(i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
3745		-	1844
3746		-	(A) transferred each fiscal year to the Department of Natural Resources as
3747		-	1845
3748		-	designated sales and use tax revenue; and
3749		-	1846
3750		-	(B) expended by the Department of Natural Resources for watershed rehabilitation
3751		-	1847
3752		-	or restoration.
3753		-	1848
3754		-	(ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
3755		-	1849
3756		-	tax revenue described in Subsection (5)(b)(i) shall lapse to the Water Resources
3757		-	1850
3758		-	Conservation and Development Fund created in Section 73-10-24.
3759		-	1851
3760		-	(c)(i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
3761		-	1852
3762		-	remaining difference described in Subsection (5)(a) shall be:
3763		-	1853
3764		-	(A) transferred each fiscal year to the Division of Water Resources as designated
3765		-	1854
3766		-	sales and use tax revenue; and
3767		-	1855
3768		-	(B) expended by the Division of Water Resources for cloud-seeding projects
3769		-	1856
3770		-	authorized by Title 73, Chapter 15, Modification of Weather.
3771		-	1857
3772		-	(ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
3773		-	1858
3774		-	tax revenue described in Subsection (5)(c)(i) shall lapse to the Water Resources
3775		-	1859
3776		-	Conservation and Development Fund created in Section 73-10-24.
3777		-	1860
3778		-	(d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
3779		-	1861
3780		-	remaining difference described in Subsection (5)(a) shall be deposited into the Water
3781		-	1862
3782		-	Resources Conservation and Development Fund created in Section 73-10-24 for use
3783		-	1863
3784		-	by the Division of Water Resources for:
3785		-	- 55 - S.B. 195 Enrolled Copy
3786		-	1864
3787		-	(i) preconstruction costs:
3788		-	1865
3789		-	(A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73,
3790		-	1866
3791		-	Chapter 26, Bear River Development Act; and
3792		-	1867
3793		-	(B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
3794		-	1868
3795		-	authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
3796		-	1869
3797		-	(ii) the cost of employing a civil engineer to oversee any project authorized by Title
3798		-	1870
3799		-	73, Chapter 26, Bear River Development Act;
3800		-	1871
3801		-	(iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline
3802		-	1872
3803		-	project authorized by Title 73, Chapter 28, Lake Powell Pipeline Development
3804		-	1873
3805		-	Act; and
3806		-	1874
3807		-	(iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and
3808		-	1875
3809		-	Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i)
3810		-	1876
3811		-	through (iii).
3812		-	1877
3813		-	(e) After making the transfers required by Subsections (5)(b) and (c), 15% of the
3814		-	1878
3815		-	remaining difference described in Subsection (5)(a) shall be deposited each year into
3816		-	1879
3817		-	the Water Rights Restricted Account created by Section 73-2-1.6.
3818		-	1880
3819		-	(6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), each
3820		-	1881
3821		-	fiscal year, the commission shall deposit into the Water Infrastructure Restricted
3822		-	1882
3823		-	Account created in Section 73-10g-103 the amount of revenue generated by a 1/16% tax
3824		-	1883
3825		-	rate on the transactions described in Subsection (1) for the fiscal year.
3826		-	1884
3827		-	(7)(a) Notwithstanding Subsection (3)(a) and subject to Subsections (7)(b), (c), and (d),
3828		-	1885
3829		-	for a fiscal year beginning on or after July 1, 2023, the commission shall deposit into
3830		-	1886
3831		-	the Transportation Investment Fund of 2005 created by Section 72-2-124 a portion of
3832		-	1887
3833		-	the taxes listed under Subsection (3)(a) equal to [17%] 24% of the revenue collected
3834		-	1888
	3844	+	1892
	3845	+	(b)(i) For a fiscal year beginning on or after July 1, 2024, the commission shall
	3846	+	1893
	3847	+	annually reduce the deposit under Subsection (7)(a) into the Transportation
	3848	+	1894
	3849	+	Investment Fund of 2005 by an amount equal to .44% of the revenue collected
	3850	+	1895
3835	3851		from the following sales and use taxes:
3836		-	1889
	3852	+	1896
	3853	+	(A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
	3854	+	1897
	3855	+	(B) the tax imposed by Subsection (2)(b)(i);
	3856	+	1898
	3857	+	(C) the tax imposed by Subsection (2)(c)(i); and
	3858	+	- 56 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	3859	+	1899
	3860	+	(D) the tax imposed by Subsection (2)(f)(i)(A)(I).
	3861	+	1900
	3862	+	(ii) The commission shall annually deposit the amount described in Subsection
	3863	+	1901
	3864	+	(7)(b)(i) into the Cottonwood Canyons Transportation Investment Fund created in
	3865	+	1902
	3866	+	Section 72-2-124.
	3867	+	1903
	3868	+	(c)(i) Subject to Subsection (7)(c)(ii), for a fiscal year beginning on or after July 1,
	3869	+	1904
	3870	+	2023, the commission shall annually reduce the deposit into the Transportation
	3871	+	1905
	3872	+	Investment Fund of 2005 under Subsections (7)(a) and (7)(b) by an amount that is
	3873	+	1906
	3874	+	equal to 5% of:
	3875	+	1907
	3876	+	(A) the amount of revenue generated in the current fiscal year by the portion of
	3877	+	1908
	3878	+	taxes listed under Subsection (3)(a) that equals 20.68% of the revenue
	3879	+	1909
	3880	+	collected from taxes described in Subsections (7)(a)(i) through (iv);
	3881	+	1910
	3882	+	(B) the amount of revenue generated in the current fiscal year by registration fees
	3883	+	1911
	3884	+	designated under Section 41-1a-1201 to be deposited into the Transportation
	3885	+	1912
	3886	+	Investment Fund of 2005; and
	3887	+	1913
	3888	+	(C) revenue transferred by the Division of Finance to the Transportation
	3889	+	1914
	3890	+	Investment Fund of 2005 in accordance with Section 72-2-106 in the current
	3891	+	1915
	3892	+	fiscal year.
	3893	+	1916
	3894	+	(ii) The amount described in Subsection (7)(c)(i) may not exceed $45,000,000 in a
	3895	+	1917
	3896	+	given fiscal year.
	3897	+	1918
	3898	+	(iii) The commission shall annually deposit the amount described in Subsection
	3899	+	1919
	3900	+	(7)(c)(i) into the Active Transportation Investment Fund created in Subsection
	3901	+	1920
	3902	+	72-2-124(11).
	3903	+	1921
	3904	+	(d)(i) For a fiscal year beginning on or after July 1, 2024, the commission shall
	3905	+	1922
	3906	+	annually reduce the deposit into the Transportation Investment Fund of 2005
	3907	+	1923
	3908	+	under this Subsection (7) by an amount that is equal to 1% of the revenue
	3909	+	1924
	3910	+	collected from the following sales and use taxes:
	3911	+	1925
	3912	+	(A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
	3913	+	1926
	3914	+	(B) the tax imposed by Subsection (2)(b)(i);
	3915	+	1927
	3916	+	(C) the tax imposed by Subsection (2)(c)(i); and
	3917	+	1928
	3918	+	(D) the tax imposed by Subsection (2)(f)(i)(A)(I).
	3919	+	1929
	3920	+	(ii) The commission shall annually deposit the amount described in Subsection
	3921	+	1930
	3922	+	(7)(d)(i) into the Commuter Rail Subaccount created in Section 72-2-124.
	3923	+	1931
	3924	+	(8)(a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under
	3925	+	1932
	3926	+	Subsection (7), and subject to [Subsections (8)(b) and (d)(ii)] Subsection (8)(b), for a
	3927	+	- 57 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	3928	+	1933
	3929	+	fiscal year beginning on or after July 1, 2018, the commission shall annually deposit
	3930	+	1934
	3931	+	into the Transportation Investment Fund of 2005 created by Section 72-2-124 a
	3932	+	1935
	3933	+	portion of the taxes listed under Subsection (3)(a) in an amount equal to 3.68% of the
	3934	+	1936
	3935	+	revenue collected from the following taxes:
	3936	+	1937
3837	3937		(i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
3838		-	~~1890~~
	3938	+	1938
3839	3939		(ii) the tax imposed by Subsection (2)(b)(i);
3840		-	~~1891~~
	3940	+	1939
3841	3941		(iii) the tax imposed by Subsection (2)(c)(i); and
3842		-	~~1892~~
	3942	+	1940
3843	3943		(iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
3844		-	1893
3845		-	(b)(i) For a fiscal year beginning on or after July 1, 2024, the commission shall
3846		-	1894
3847		-	annually reduce the deposit under Subsection (7)(a) into the Transportation
3848		-	1895
3849		-	Investment Fund of 2005 by an amount equal to .44% of the revenue collected
3850		-	1896
3851		-	from the following sales and use taxes:
3852		-	1897
	3944	+	1941
	3945	+	(b) For a fiscal year beginning on or after July 1, 2019, the commission shall annually
	3946	+	1942
	3947	+	reduce the deposit into the Transportation Investment Fund of 2005 under Subsection
	3948	+	1943
	3949	+	(8)(a) by an amount that is equal to 35% of the amount of revenue generated in the
	3950	+	1944
	3951	+	current fiscal year by the portion of the tax imposed on motor and special fuel that is
	3952	+	1945
	3953	+	sold, used, or received for sale or use in this state that exceeds 29.4 cents per gallon.
	3954	+	1946
	3955	+	(c) The commission shall annually deposit the amount described in Subsection (8)(b)
	3956	+	1947
	3957	+	into the Transit Transportation Investment Fund created in Section 72-2-124.
	3958	+	1948
	3959	+	(9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
	3960	+	1949
	3961	+	2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies
	3962	+	1950
	3963	+	Fund created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
	3964	+	1951
	3965	+	(10) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the fiscal
	3966	+	1952
	3967	+	year during which the commission receives notice under Section 63N-2-510 that
	3968	+	1953
	3969	+	construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the
	3970	+	1954
	3971	+	commission shall, for two consecutive fiscal years, annually deposit $1,900,000 of the
	3972	+	1955
	3973	+	revenue generated by the taxes listed under Subsection (3)(a) into the Hotel Impact
	3974	+	1956
	3975	+	Mitigation Fund, created in Section 63N-2-512.
	3976	+	1957
	3977	+	(11)(a) The rate specified in this subsection is 0.15%.
	3978	+	1958
	3979	+	(b) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year beginning
	3980	+	1959
	3981	+	on or after July 1, 2019, annually transfer the amount of revenue collected from the
	3982	+	1960
	3983	+	rate described in Subsection (11)(a) on the transactions that are subject to the sales
	3984	+	1961
	3985	+	and use tax under Subsection (2)(a)(i)(A) into the Medicaid ACA Fund created in
	3986	+	1962
	3987	+	Section 26B-1-315.
	3988	+	1963
	3989	+	(12) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
	3990	+	1964
	3991	+	2020-21, the commission shall deposit $200,000 into the General Fund as a dedicated
	3992	+	1965
	3993	+	credit solely for use of the Search and Rescue Financial Assistance Program created in,
	3994	+	1966
	3995	+	and expended in accordance with, Title 53, Chapter 2a, Part 11, Search and Rescue Act.
	3996	+	- 58 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	3997	+	1967
	3998	+	[(13)(a) For each fiscal year beginning with fiscal year 2020-21, the commission shall
	3999	+	1968
	4000	+	annually transfer $1,813,400 of the revenue deposited into the Transportation
	4001	+	1969
	4002	+	Investment Fund of 2005 under Subsections (7) and (8) to the General Fund.]
	4003	+	1970
	4004	+	[(b) If the total revenue deposited into the Transportation Investment Fund of 2005
	4005	+	1971
	4006	+	under Subsections (7) and (8) is less than $1,813,400 for a fiscal year, the
	4007	+	1972
	4008	+	commission shall transfer the total revenue deposited into the Transportation
	4009	+	1973
	4010	+	Investment Fund of 2005 under Subsections (7) and (8) during the fiscal year to the
	4011	+	1974
	4012	+	General Fund.]
	4013	+	1975
	4014	+	[(14)] (13) Notwithstanding Subsection (3)(a), and as described in Section 63N-3-610,
	4015	+	1976
	4016	+	beginning the first day of the calendar quarter one year after the sales and use tax
	4017	+	1977
	4018	+	boundary for a housing and transit reinvestment zone is established, the commission, at
	4019	+	1978
	4020	+	least annually, shall transfer an amount equal to 15% of the sales and use tax increment
	4021	+	1979
	4022	+	within an established sales and use tax boundary, as defined in Section 63N-3-602, into
	4023	+	1980
	4024	+	the Transit Transportation Investment Fund created in Section 72-2-124.
	4025	+	1981
	4026	+	[(15)] (14) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year
	4027	+	1982
	4028	+	beginning on or after July 1, 2022, transfer into the Outdoor Adventure Infrastructure
	4029	+	1983
	4030	+	Restricted Account, created in Section 51-9-902, a portion of the taxes listed under
	4031	+	1984
	4032	+	Subsection (3)(a) equal to 1% of the revenue collected from the following sales and use
	4033	+	1985
	4034	+	taxes:
	4035	+	1986
3853	4036		(a) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
3854		-	- 56 - Enrolled Copy S.B. 195
3855		-	1898
	4037	+	1987
3856	4038		(b) the tax imposed by Subsection (2)(b)(i);
3857		-	~~1899~~
	4039	+	1988
3858	4040		(c) the tax imposed by Subsection (2)(c)(i); and
3859		-	~~1900~~
	4041	+	1989
3860	4042		(d) the tax imposed by Subsection (2)(f)(i)(A)(I).
3861		-	1901
3862		-	(ii) The commission shall annually deposit the amount described in Subsection
3863		-	1902
3864		-	(7)(b)(i) into the Cottonwood Canyons Transportation Investment Fund created in
3865		-	1903
3866		-	Section 72-2-124.
3867		-	1904
3868		-	(c)(i) Subject to Subsection (7)(c)(ii), for a fiscal year beginning on or after July 1,
3869		-	1905
3870		-	2023, the commission shall annually reduce the deposit into the Transportation
3871		-	1906
3872		-	Investment Fund of 2005 under Subsections (7)(a) and (7)(b) by an amount that is
3873		-	1907
3874		-	equal to 5% of:
3875		-	1908
3876		-	(A) the amount of revenue generated in the current fiscal year by the portion of
3877		-	1909
3878		-	taxes listed under Subsection (3)(a) that equals 20.68% of the revenue
3879		-	1910
3880		-	collected from taxes described in Subsections (7)(a)(i) through (iv);
3881		-	1911
3882		-	(B) the amount of revenue generated in the current fiscal year by registration fees
3883		-	1912
3884		-	designated under Section 41-1a-1201 to be deposited into the Transportation
3885		-	1913
3886		-	Investment Fund of 2005; and
3887		-	1914
3888		-	(C) revenue transferred by the Division of Finance to the Transportation
3889		-	1915
3890		-	Investment Fund of 2005 in accordance with Section 72-2-106 in the current
3891		-	1916
3892		-	fiscal year.
3893		-	1917
3894		-	(ii) The amount described in Subsection (7)(c)(i) may not exceed $45,000,000 in a
3895		-	1918
3896		-	given fiscal year.
3897		-	1919
3898		-	(iii) The commission shall annually deposit the amount described in Subsection
3899		-	1920
3900		-	(7)(c)(i) into the Active Transportation Investment Fund created in Subsection
3901		-	1921
3902		-	72-2-124(11).
3903		-	1922
3904		-	(d)(i) For a fiscal year beginning on or after July 1, 2024, the commission shall
3905		-	1923
3906		-	annually reduce the deposit into the Transportation Investment Fund of 2005
3907		-	1924
3908		-	under this Subsection (7) by an amount that is equal to 1% of the revenue
3909		-	1925
3910		-	collected from the following sales and use taxes:
3911		-	1926
3912		-	(A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
3913		-	1927
3914		-	(B) the tax imposed by Subsection (2)(b)(i);
3915		-	1928
3916		-	(C) the tax imposed by Subsection (2)(c)(i); and
3917		-	1929
3918		-	(D) the tax imposed by Subsection (2)(f)(i)(A)(I).
3919		-	1930
3920		-	(ii) The commission shall annually deposit the amount described in Subsection
3921		-	1931
3922		-	(7)(d)(i) into the Commuter Rail Subaccount created in Section 72-2-124.
3923		-	- 57 - S.B. 195 Enrolled Copy
3924		-	1932
3925		-	(8)(a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under
3926		-	1933
3927		-	Subsection (7), and subject to [Subsections (8)(b) and (d)(ii)] Subsection (8)(b), for a
3928		-	1934
3929		-	fiscal year beginning on or after July 1, 2018, the commission shall annually deposit
3930		-	1935
3931		-	into the Transportation Investment Fund of 2005 created by Section 72-2-124 a
3932		-	1936
3933		-	portion of the taxes listed under Subsection (3)(a) in an amount equal to 3.68% of the
3934		-	1937
3935		-	revenue collected from the following taxes:
3936		-	1938
3937		-	(i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
3938		-	1939
3939		-	(ii) the tax imposed by Subsection (2)(b)(i);
3940		-	1940
3941		-	(iii) the tax imposed by Subsection (2)(c)(i); and
3942		-	1941
3943		-	(iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
3944		-	1942
3945		-	(b) For a fiscal year beginning on or after July 1, 2019, the commission shall annually
3946		-	1943
3947		-	reduce the deposit into the Transportation Investment Fund of 2005 under Subsection
3948		-	1944
3949		-	(8)(a) by an amount that is equal to 35% of the amount of revenue generated in the
3950		-	1945
3951		-	current fiscal year by the portion of the tax imposed on motor and special fuel that is
3952		-	1946
3953		-	sold, used, or received for sale or use in this state that exceeds 29.4 cents per gallon.
3954		-	1947
3955		-	(c) The commission shall annually deposit the amount described in Subsection (8)(b)
3956		-	1948
3957		-	into the Transit Transportation Investment Fund created in Section 72-2-124.
3958		-	1949
3959		-	(9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
3960		-	1950
3961		-	2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies
3962		-	1951
3963		-	Fund created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
3964		-	1952
3965		-	(10) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the fiscal
3966		-	1953
3967		-	year during which the commission receives notice under Section 63N-2-510 that
3968		-	1954
3969		-	construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the
3970		-	1955
3971		-	commission shall, for two consecutive fiscal years, annually deposit $1,900,000 of the
3972		-	1956
3973		-	revenue generated by the taxes listed under Subsection (3)(a) into the Hotel Impact
3974		-	1957
3975		-	Mitigation Fund, created in Section 63N-2-512.
3976		-	1958
3977		-	(11)(a) The rate specified in this subsection is 0.15%.
3978		-	1959
3979		-	(b) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year beginning
3980		-	1960
3981		-	on or after July 1, 2019, annually transfer the amount of revenue collected from the
3982		-	1961
3983		-	rate described in Subsection (11)(a) on the transactions that are subject to the sales
3984		-	1962
3985		-	and use tax under Subsection (2)(a)(i)(A) into the Medicaid ACA Fund created in
3986		-	1963
3987		-	Section 26B-1-315.
3988		-	1964
3989		-	(12) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
3990		-	1965
3991		-	2020-21, the commission shall deposit $200,000 into the General Fund as a dedicated
3992		-	- 58 - Enrolled Copy S.B. 195
3993		-	1966
3994		-	credit solely for use of the Search and Rescue Financial Assistance Program created in,
3995		-	1967
3996		-	and expended in accordance with, Title 53, Chapter 2a, Part 11, Search and Rescue Act.
3997		-	1968
3998		-	[(13)(a) For each fiscal year beginning with fiscal year 2020-21, the commission shall
3999		-	1969
4000		-	annually transfer $1,813,400 of the revenue deposited into the Transportation
4001		-	1970
4002		-	Investment Fund of 2005 under Subsections (7) and (8) to the General Fund.]
4003		-	1971
4004		-	[(b) If the total revenue deposited into the Transportation Investment Fund of 2005
4005		-	1972
4006		-	under Subsections (7) and (8) is less than $1,813,400 for a fiscal year, the
4007		-	1973
4008		-	commission shall transfer the total revenue deposited into the Transportation
4009		-	1974
4010		-	Investment Fund of 2005 under Subsections (7) and (8) during the fiscal year to the
4011		-	1975
4012		-	General Fund.]
4013		-	1976
4014		-	[(14)] (13) Notwithstanding Subsection (3)(a), and as described in Section 63N-3-610,
4015		-	1977
4016		-	beginning the first day of the calendar quarter one year after the sales and use tax
4017		-	1978
4018		-	boundary for a housing and transit reinvestment zone is established, the commission, at
4019		-	1979
4020		-	least annually, shall transfer an amount equal to 15% of the sales and use tax increment
4021		-	1980
4022		-	within an established sales and use tax boundary, as defined in Section 63N-3-602, into
4023		-	1981
4024		-	the Transit Transportation Investment Fund created in Section 72-2-124.
4025		-	1982
4026		-	[(15)] (14) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year
4027		-	1983
4028		-	beginning on or after July 1, 2022, transfer into the Outdoor Adventure Infrastructure
4029		-	1984
4030		-	Restricted Account, created in Section 51-9-902, a portion of the taxes listed under
4031		-	1985
4032		-	Subsection (3)(a) equal to 1% of the revenue collected from the following sales and use
4033		-	1986
4034		-	taxes:
4035		-	1987
4036		-	(a) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
4037		-	1988
4038		-	(b) the tax imposed by Subsection (2)(b)(i);
4039		-	1989
4040		-	(c) the tax imposed by Subsection (2)(c)(i); and
4041	4043		1990
4042		-	(d) ~~the tax imposed by~~ Subsection (~~2)(f)(i~~)(A)~~(I).~~
	4044	+	[(16)] (15) Notwithstanding Subsection (3)(a), beginning October 1, 2024 the commission
4043	4045		1991
4044		-	~~[(16)] (15) Notwithstanding Subsection (3)(a), beginning October 1, 2024~~ the ~~commission~~
	4046	+	shall transfer to the Utah Fairpark Area Investment and Restoration District, created in
4045	4047		1992
4046		-	~~shall transfer to~~ the ~~Utah Fairpark Area Investment~~ and ~~Restoration District,~~ ~~created in~~
	4048	+	Section 11-70-201, the revenue from the sales and use tax imposed by Subsection
4047	4049		1993
4048		-	~~Section 11-70-201~~, the ~~revenue from the~~ sales ~~and use~~ tax ~~imposed by Subsection~~
	4050	+	(2)(a)(i)(A) at a 4.7% rate, on transactions occurring within the district sales tax area, as
4049	4051		1994
4050		-	~~(2)(a)(i)(A) at a 4~~.~~7% rate, on transactions occurring within the district sales tax area, as~~
	4052	+	defined in Section 11-70-101.
4051	4053		1995
4052		-	~~defined~~ in ~~Section 11-70-101.~~
	4054	+	[(17)] (16)(a) As used in this Subsection [(17)] (16):
4053	4055		1996
4054		-	[(~~17)] (16)(a~~) ~~As used~~ in ~~this~~ Subsection ~~[(17)] (16):~~
	4056	+	(i) "Additional land" means point of the mountain state land described in Subsection
4055	4057		1997
4056		-	(i) ~~"Additional land" means~~ point of the mountain ~~state land described in Subsection~~
	4058	+	11-59-102(6)(b) that the point of the mountain authority acquires after the point of
4057	4059		1998
4058		-	~~11-59-102(6)(b) that the point of~~ the mountain authority ~~acquires after~~ the ~~point of~~
	4060	+	the mountain authority provides the commission a map under Subsection (17)(c).
4059	4061		1999
4060		-	the mountain authority provides the commission a map under Subsection (17)(c).
4061		-	- 59 - S.B. 195 Enrolled Copy
	4062	+	(ii) "Point of the mountain authority" means the Point of the Mountain State Land
4062	4063		2000
4063		-	(ii) "Point of the mountain authority" means the Point of the Mountain State Land
	4064	+	Authority, created in Section 11-59-201.
	4065	+	- 59 - 7th Sub. (Buff) S.B. 195 03-06 08:58
4064	4066		2001
4065		-	~~Authority, created~~ in ~~Section 11-59-201.~~
	4067	+	(iii) "Point of the mountain state land" means the same as that term is defined in
4066	4068		2002
4067		-	~~(iii) "Point of the mountain state land" means the same as that term is defined in~~
	4069	+	Section 11-59-102.
4068	4070		2003
4069		-	~~Section 11-59-102.~~
	4071	+	(b) Notwithstanding Subsection (3)(a), the commission shall distribute to the point of the
4070	4072		2004
4071		-	~~(b) Notwithstanding Subsection (3)(a), the commission shall distribute to the point~~ of the
	4073	+	mountain authority 50% of the revenue from the sales and use tax imposed by
4072	4074		2005
4073		-	~~mountain authority 50~~% of the ~~revenue from the sales and use tax imposed by~~
	4075	+	Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring on the point of the
4074	4076		2006
4075		-	~~Subsection (2)(a)(i)(A) at a 4~~.~~7% rate, on transactions occurring on the point of the~~
	4077	+	mountain state land.
4076	4078		2007
4077		-	~~mountain state land.~~
	4079	+	(c) The distribution under Subsection [(17)(b)] (16)(b) shall begin the next calendar
4078	4080		2008
4079		-	~~(c)~~ The ~~distribution under Subsection [(17)(b)] (16)(b) shall begin~~ the ~~next calendar~~
	4081	+	quarter that begins at least 90 days after the point of the mountain authority provides
4080	4082		2009
4081		-	~~quarter~~ that ~~begins at least 90 days after the point of the mountain authority provides~~
	4083	+	the commission a map that:
4082	4084		2010
4083		-	the ~~commission a map that:~~
	4085	+	(i) accurately describes the point of the mountain state land; and
4084	4086		2011
4085		-	(i) ~~accurately describes~~ the point of the mountain ~~state land;~~ ~~and~~
	4087	+	(ii) the point of the mountain authority certifies as accurate.
4086	4088		2012
	4089	+	(d) A distribution under Subsection [(17)(b)] (16)(b) with respect to additional land shall
	4090	+	2013
	4091	+	begin the next calendar quarter that begins at least 90 days after the point of the
	4092	+	2014
	4093	+	mountain authority provides the commission a map of point of the mountain state
	4094	+	2015
	4095	+	land that:
	4096	+	2016
	4097	+	(i) accurately describes the point of the mountain state land, including the additional
	4098	+	2017
	4099	+	land; and
	4100	+	2018
4087	4101		(ii) the point of the mountain authority certifies as accurate.
4088		-	2013
4089		-	(d) A distribution under Subsection [(17)(b)] (16)(b) with respect to additional land shall
4090		-	2014
4091		-	begin the next calendar quarter that begins at least 90 days after the point of the
4092		-	2015
4093		-	mountain authority provides the commission a map of point of the mountain state
4094		-	2016
4095		-	land that:
4096		-	2017
4097		-	(i) accurately describes the point of the mountain state land, including the additional
4098		-	2018
4099		-	land; and
4100	4102		2019
4101		-	(ii) the ~~point~~ of the ~~mountain authority certifies as accurate.~~
	4103	+	(e)(i) Upon the payment in full of bonds secured by the sales and use tax revenue
4102	4104		2020
4103		-	~~(e)(i) Upon~~ the ~~payment in full~~ of ~~bonds secured by~~ the ~~sales and use tax revenue~~
	4105	+	distributed to the point of the mountain authority under Subsection [(17)(b)] (16)(b),
4104	4106		2021
4105		-	~~distributed to~~ the point of the mountain authority ~~under Subsection [(17)(b)] (16)(b),~~
	4107	+	the point of the mountain authority shall immediately notify the commission in
4106	4108		2022
4107		-	~~the point of~~ the ~~mountain authority shall immediately notify the commission~~ in
	4109	+	writing that the bonds are paid in full.
4108	4110		2023
4109		-	~~writing that~~ the ~~bonds are paid in full.~~
	4111	+	(ii) The commission shall discontinue distributions of sales and use tax revenue under
4110	4112		2024
4111		-	(ii) The ~~commission shall discontinue distributions~~ of ~~sales and use tax revenue under~~
	4113	+	Subsection [(17)(b)] (16)(b) at the beginning of the calendar quarter that begins at
4112	4114		2025
4113		-	~~Subsection [(17)(b)] (16)(b) at~~ the ~~beginning of~~ the ~~calendar quarter that begins at~~
	4115	+	least 90 days after the date that the commission receives the written notice under
4114	4116		2026
4115		-	~~least 90 days after the date that the commission receives the written notice under~~
	4117	+	Subsection [(17)(e)(i)] (16)(e)(i).
4116	4118		2027
4117		-	~~Subsection [(17)(e)(i)] (16)(e)(i)~~.
	4119	+	Section 14. Section 59-12-2212.2 is amended to read:
4118	4120		2028
4119		-	~~Section 14. Section~~ 59-12-2212.2 ~~is amended to read:~~
	4121	+	59-12-2212.2 (Effective 05/07/25). Allowable uses of local option sales and use tax
4120	4122		2029
4121		-	~~59-12-2212~~.~~2 (Effective 05/07/25). Allowable uses of local option sales and use tax~~
	4123	+	revenue.
4122	4124		2030
4123		-	~~revenue.~~
	4125	+	(1) Except as otherwise provided in this part, a county, city, or town that imposes a local
4124	4126		2031
4125		-	~~(1) Except as otherwise provided in~~ this part~~, a county,~~ ~~city, or town that imposes a~~ local
	4127	+	option sales and use tax under this part may expend the revenue generated from the local
4126	4128		2032
4127		-	option sales and use tax ~~under this part may expend~~ the ~~revenue generated from the local~~
	4129	+	option sales and use tax for the following purposes:
4128	4130		2033
4129		-	option sales and use tax for the following purposes:
4130		-	- 60 - Enrolled Copy S.B. 195
	4131	+	(a) the development, construction, maintenance, or operation of:
4131	4132		2034
4132		-	(a) the development, construction, maintenance, or operation of:
	4133	+	(i) a class A road;
	4134	+	- 60 - 03-06 08:58 7th Sub. (Buff) S.B. 195
4133	4135		2035
4134		-	(i) a class A road;
	4136	+	(ii) a class B road;
4135	4137		2036
4136		-	(ii) a class B road;
	4138	+	(iii) a class C road;
4137	4139		2037
4138		-	(~~iii~~) a class C road;
	4140	+	(iv) a class D road;
4139	4141		2038
4140		-	(iv) ~~a class D road;~~
	4142	+	(v) traffic and pedestrian safety infrastructure, including:
4141	4143		2039
4142		-	(v) ~~traffic and pedestrian safety infrastructure, including:~~
	4144	+	(A) a sidewalk;
4143	4145		2040
4144		-	(A) ~~a sidewalk~~;
	4146	+	(B) curb and gutter;
4145	4147		2041
4146		-	(B) ~~curb and gutter~~;
	4148	+	(C) a safety feature;
4147	4149		2042
4148		-	(C) a ~~safety feature~~;
	4150	+	(D) a traffic sign;
4149	4151		2043
4150		-	(D) a traffic ~~sign~~;
	4152	+	(E) a traffic signal; or
4151	4153		2044
4152		-	(E) ~~a traffic signal~~; or
	4154	+	(F) street lighting;
4153	4155		2045
4154		-	(F) ~~street lighting;~~
	4156	+	(vi) streets, alleys, roads, highways, and thoroughfares of any kind, including
4155	4157		2046
4156		-	~~(vi) streets, alleys, roads, highways, and thoroughfares of any kind, including~~
	4158	+	connected structures;
4157	4159		2047
4158		-	~~connected structures~~;
	4160	+	(vii) an airport facility;
4159	4161		2048
4160		-	(~~vii~~) an ~~airport~~ facility;
	4162	+	(viii) an active transportation facility that is for nonmotorized vehicles and
4161	4163		2049
4162		-	~~(viii)~~ an ~~active transportation facility that is for nonmotorized vehicles and~~
	4164	+	multimodal transportation and connects an origin with a destination; or
4163	4165		2050
4164		-	~~multimodal~~ transportation ~~and connects an origin with a destination~~; or
	4166	+	(ix) an intelligent transportation system;
4165	4167		2051
4166		-	(ix) ~~an intelligent transportation~~ system;
	4168	+	(b) a system for public transit;
4167	4169		2052
4168		-	(b) ~~a system for~~ public ~~transit~~;
	4170	+	(c) all other modes and forms of conveyance used by the public;
4169	4171		2053
4170		-	(c) ~~all other modes and forms of conveyance used by the public;~~
	4172	+	(d) debt service or bond issuance costs related to a project or facility described in
4171	4173		2054
4172		-	(d) ~~debt service~~ or ~~bond issuance costs related to a project or facility described in~~
	4174	+	Subsections (1)(a) through (c); or
4173	4175		2055
4174		-	Subsections (1)(a) ~~through (c); or~~
	4176	+	(e) corridor preservation related to a project or facility described in Subsections (1)(a)
4175	4177		2056
4176		-	~~(e) corridor preservation related to a project or facility described in Subsections~~ (1)~~(a)~~
	4178	+	through (c).
4177	4179		2057
4178		-	~~through (c).~~
	4180	+	(2) Any revenue subject to rights or obligations under a contract between a county, city, or
4179	4181		2058
4180		-	~~(2) Any revenue~~ subject to ~~rights or obligations under a contract between a county, city, or~~
	4182	+	town and a public transit district entered into before January 1, 2019, remains subject to
4181	4183		2059
4182		-	~~town~~ and ~~a public transit district entered into before January 1, 2019, remains subject to~~
	4184	+	existing contractual rights and obligations.
4183	4185		2060
4184		-	~~existing contractual rights and obligations.~~
	4186	+	(3) In addition to the uses described in Subsection (1), for any revenue generated by a sales
4185	4187		2061
4186		-	~~(3) In addition to the uses described in Subsection (1),~~ for ~~any revenue generated by a sales~~
	4188	+	and use tax imposed under Section 59-12-2219 that is not contractually obligated for
4187	4189		2062
4188		-	~~and use tax imposed under Section~~ 59-12-2219 ~~that is not contractually obligated for~~
	4190	+	debt service, the percentage described in Subsection 59-12-2219(11) shall be made
4189	4191		2063
4190		-	~~debt service,~~ ~~the percentage described~~ in ~~Subsection 59-12-2219(11) shall be made~~
	4192	+	available for public transit innovation grants as provided in Title 72, Chapter 2, Part [3] 4,
4191	4193		2064
4192		-	~~available for~~ public transit innovation grants ~~as provided in Title 72, Chapter 2, Part [3] 4,~~
	4194	+	Public Transit Innovation Grants.
4193	4195		2065
4194		-	~~Public Transit Innovation Grants.~~
	4196	+	Section 15. Section 59-12-2219 is amended to read:
4195	4197		2066
4196		-	~~Section 15. Section~~ 59-12-2219 ~~is amended to read:~~
	4198	+	59-12-2219 (Effective 05/07/25). County option sales and use tax for highways
4197	4199		2067
4198		-	59-12-2219 (Effective 05/07/25). County option sales and use tax for highways
4199		-	- 61 - S.B. 195 Enrolled Copy
	4200	+	and public transit -- Base -- Rate -- Distribution and expenditure of revenue -- Revenue
4200	4201		2068
4201		-	and public transit -- Base -- Rate -- Distribution and expenditure of revenue -- Revenue
	4202	+	may not supplant existing budgeted transportation revenue.
	4203	+	- 61 - 7th Sub. (Buff) S.B. 195 03-06 08:58
4202	4204		2069
4203		-	~~may not supplant existing budgeted transportation revenue.~~
	4205	+	(1) Subject to the other provisions of this part, and subject to Subsection (13), a county
4204	4206		2070
4205		-	~~(1) Subject to~~ the ~~other provisions of this part, and subject to Subsection (13), a county~~
	4207	+	legislative body may impose a sales and use tax of .25% on the transactions described in
4206	4208		2071
4207		-	~~legislative body may impose a sales~~ and ~~use tax of .25% on~~ the ~~transactions described in~~
	4209	+	Subsection 59-12-103(1) within the county, including the cities and towns within the
4208	4210		2072
4209		-	~~Subsection 59-12-103(1) within the~~ county~~, including the cities and towns within the~~
	4211	+	county.
4210	4212		2073
	4213	+	(2) Subject to Subsection (9), the commission shall distribute sales and use tax revenue
	4214	+	2074
	4215	+	collected under this section as provided in Subsections (3) through (8).
	4216	+	2075
	4217	+	(3) If the entire boundary of a county that imposes a sales and use tax under this section is
	4218	+	2076
	4219	+	annexed into a single public transit district, the commission shall distribute the sales and
	4220	+	2077
	4221	+	use tax revenue collected within the county as follows:
	4222	+	2078
	4223	+	(a) .10% shall be transferred to the public transit district in accordance with Section
	4224	+	2079
	4225	+	59-12-2206;
	4226	+	2080
	4227	+	(b) .10% shall be distributed as provided in Subsection (6); and
	4228	+	2081
	4229	+	(c) .05% shall be distributed to the county legislative body.
	4230	+	2082
	4231	+	(4) If the entire boundary of a county that imposes a sales and use tax under this section is
	4232	+	2083
	4233	+	not annexed into a single public transit district, but a city or town within the county is
	4234	+	2084
	4235	+	annexed into a single large public transit district, the commission shall distribute the
	4236	+	2085
	4237	+	sales and use tax revenue collected within the county as follows:
	4238	+	2086
	4239	+	(a) for a city or town within the county that is annexed into a single public transit
	4240	+	2087
	4241	+	district, the commission shall distribute the sales and use tax revenue collected within
	4242	+	2088
	4243	+	that city or town as follows:
	4244	+	2089
	4245	+	(i) .10% shall be transferred to the public transit district in accordance with Section
	4246	+	2090
	4247	+	59-12-2206;
	4248	+	2091
	4249	+	(ii) .10% shall be distributed as provided in Subsection (6); and
	4250	+	2092
	4251	+	(iii) .05% shall be distributed to the county legislative body;
	4252	+	2093
	4253	+	(b) for an eligible political subdivision within the county, the commission shall
	4254	+	2094
	4255	+	distribute the sales and use tax revenue collected within that eligible political
	4256	+	2095
	4257	+	subdivision as follows:
	4258	+	2096
	4259	+	(i) .10% shall be transferred to the eligible political subdivision in accordance with
	4260	+	2097
	4261	+	Section 59-12-2206;
	4262	+	2098
	4263	+	(ii) .10% shall be distributed as provided in Subsection (6); and
	4264	+	2099
	4265	+	(iii) .05% shall be distributed to the county legislative body; and
	4266	+	2100
	4267	+	(c) the commission shall distribute the sales and use tax revenue, except for the sales and
	4268	+	2101
	4269	+	use tax revenue described in Subsections (4)(a) and (b), as follows:
	4270	+	2102
	4271	+	(i) .10% shall be distributed as provided in Subsection (6); and
	4272	+	- 62 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	4273	+	2103
	4274	+	(ii) .15% shall be distributed to the county legislative body.
	4275	+	2104
	4276	+	(5) For a county not described in Subsection (3) or (4), if a county of the second, third,
	4277	+	2105
	4278	+	fourth, fifth, or sixth class imposes a sales and use tax under this section, the
	4279	+	2106
	4280	+	commission shall distribute the sales and use tax revenue collected within the county as
	4281	+	2107
	4282	+	follows:
	4283	+	2108
	4284	+	(a) for a city or town within the county that is annexed into a single public transit
	4285	+	2109
	4286	+	district, the commission shall distribute the sales and use tax revenue collected within
	4287	+	2110
	4288	+	that city or town as follows:
	4289	+	2111
	4290	+	(i) .10% shall be distributed as provided in Subsection (6);
	4291	+	2112
	4292	+	(ii) .10% shall be distributed as provided in Subsection (7); and
	4293	+	2113
	4294	+	(iii) .05% shall be distributed to the county legislative body;
	4295	+	2114
	4296	+	(b) for an eligible political subdivision within the county, the commission shall
	4297	+	2115
	4298	+	distribute the sales and use tax revenue collected within that eligible political
	4299	+	2116
	4300	+	subdivision as follows:
	4301	+	2117
	4302	+	(i) .10% shall be distributed as provided in Subsection (6);
	4303	+	2118
	4304	+	(ii) .10% shall be distributed as provided in Subsection (7); and
	4305	+	2119
	4306	+	(iii) .05% shall be distributed to the county legislative body; and
	4307	+	2120
	4308	+	(c) the commission shall distribute the sales and use tax revenue, except for the sales and
	4309	+	2121
	4310	+	use tax revenue described in Subsections (5)(a) and (b), as follows:
	4311	+	2122
	4312	+	(i) .10% shall be distributed as provided in Subsection (6); and
	4313	+	2123
	4314	+	(ii) .15% shall be distributed to the county legislative body.
	4315	+	2124
	4316	+	(6)(a) Subject to Subsection (6)(b), the commission shall make the distributions required
	4317	+	2125
	4318	+	by Subsections (3)(b), (4)(a)(ii), (4)(b)(ii), (4)(c)(i), (5)(a)(i), (5)(b)(i), (5)(c)(i), and
	4319	+	2126
	4320	+	(7)(d)(ii)(A) as follows:
	4321	+	2127
	4322	+	(i) 50% of the total revenue collected under Subsections (3)(b), (4)(a)(ii), (4)(b)(ii),
	4323	+	2128
	4324	+	(4)(c)(i), (5)(a)(i), (5)(b)(i), (5)(c)(i), and (7)(d)(ii)(A) within the counties and
	4325	+	2129
	4326	+	cities that impose a tax under this section shall be distributed to the
	4327	+	2130
	4328	+	unincorporated areas, cities, and towns within those counties and cities on the
	4329	+	2131
	4330	+	basis of the percentage that the population of each unincorporated area, city, or
	4331	+	2132
	4332	+	town bears to the total population of all of the counties and cities that impose a tax
	4333	+	2133
	4334	+	under this section; and
	4335	+	2134
	4336	+	(ii) 50% of the total revenue collected under Subsections (3)(b), (4)(a)(ii), (4)(b)(ii),
	4337	+	2135
	4338	+	(4)(c)(i), (5)(a)(i), (5)(b)(i), (5)(c)(i), and (7)(d)(ii)(A) within the counties and
	4339	+	2136
	4340	+	cities that impose a tax under this section shall be distributed to the
	4341	+	- 63 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	4342	+	2137
	4343	+	unincorporated areas, cities, and towns within those counties and cities on the
	4344	+	2138
	4345	+	basis of the location of the transaction as determined under Sections 59-12-211
	4346	+	2139
	4347	+	through 59-12-215.
	4348	+	2140
	4349	+	(b)(i) Population for purposes of this Subsection (6) shall be determined on the basis
	4350	+	2141
	4351	+	of the most recent official census or census estimate of the United States Bureau
	4352	+	2142
	4353	+	of the Census.
	4354	+	2143
	4355	+	(ii) If a needed population estimate is not available from the United States Bureau of
	4356	+	2144
	4357	+	the Census, population figures shall be derived from an estimate from the Utah
	4358	+	2145
	4359	+	Population Committee.
	4360	+	2146
	4361	+	(7)(a)(i) Subject to the requirements in Subsections (7)(b) and (c), a county
	4362	+	2147
	4363	+	legislative body:
	4364	+	2148
	4365	+	(A) for a county that obtained approval from a majority of the county's registered
	4366	+	2149
	4367	+	voters voting on the imposition of a sales and use tax under this section prior to
	4368	+	2150
	4369	+	May 10, 2016, may, in consultation with any cities, towns, or eligible political
	4370	+	2151
	4371	+	subdivisions within the county, and in compliance with the requirements for
	4372	+	2152
	4373	+	changing an allocation under Subsection (7)(e), allocate the revenue under
	4374	+	2153
	4375	+	Subsection (5)(a)(ii) or (5)(b)(ii) by adopting a resolution specifying the
	4376	+	2154
	4377	+	percentage of revenue under Subsection (5)(a)(ii) or (5)(b)(ii) that will be
	4378	+	2155
	4379	+	allocated to a public transit district or an eligible political subdivision; or
	4380	+	2156
	4381	+	(B) for a county that imposes a sales and use tax under this section on or after
	4382	+	2157
	4383	+	May 10, 2016, shall, in consultation with any cities, towns, or eligible political
	4384	+	2158
	4385	+	subdivisions within the county, allocate the revenue under Subsection (5)(a)(ii)
	4386	+	2159
	4387	+	or (5)(b)(ii) by adopting a resolution specifying the percentage of revenue
	4388	+	2160
	4389	+	under Subsection (5)(a)(ii) or (5)(b)(ii) that will be allocated to a public transit
	4390	+	2161
	4391	+	district or an eligible political subdivision.
	4392	+	2162
	4393	+	(ii) If a county described in Subsection (7)(a)(i)(A) does not allocate the revenue
	4394	+	2163
	4395	+	under Subsection (5)(a)(ii) or (5)(b)(ii) in accordance with Subsection (7)(a)(i)(A),
	4396	+	2164
	4397	+	the commission shall distribute 100% of the revenue under Subsection (5)(a)(ii) or
	4398	+	2165
	4399	+	(5)(b)(ii) to:
	4400	+	2166
	4401	+	(A) a public transit district for a city or town within the county that is annexed into
	4402	+	2167
	4403	+	a single public transit district; or
	4404	+	2168
	4405	+	(B) an eligible political subdivision within the county.
	4406	+	2169
	4407	+	(b) If a county legislative body allocates the revenue as described in Subsection (7)(a)(i),
	4408	+	2170
	4409	+	the county legislative body shall allocate not less than 25% of the revenue under
	4410	+	- 64 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	4411	+	2171
	4412	+	Subsection (5)(a)(ii) or (5)(b)(ii) to:
	4413	+	2172
	4414	+	(i) a public transit district for a city or town within the county that is annexed into a
	4415	+	2173
	4416	+	single public transit district; or
	4417	+	2174
	4418	+	(ii) an eligible political subdivision within the county.
	4419	+	2175
	4420	+	(c) Notwithstanding Section 59-12-2208, the opinion question described in Section
	4421	+	2176
	4422	+	59-12-2208 shall state the allocations the county legislative body makes in
	4423	+	2177
	4424	+	accordance with this Subsection (7).
	4425	+	2178
	4426	+	(d) The commission shall make the distributions required by Subsection (5)(a)(ii) or
	4427	+	2179
	4428	+	(5)(b)(ii) as follows:
	4429	+	2180
	4430	+	(i) the percentage specified by a county legislative body shall be distributed in
	4431	+	2181
	4432	+	accordance with a resolution adopted by a county legislative body under
	4433	+	2182
	4434	+	Subsection (7)(a) to an eligible political subdivision or a public transit district
	4435	+	2183
	4436	+	within the county; and
	4437	+	2184
	4438	+	(ii) except as provided in Subsection (7)(a)(ii), if a county legislative body allocates
	4439	+	2185
	4440	+	less than 100% of the revenue under Subsection (5)(a)(ii) or (5)(b)(ii) to a public
	4441	+	2186
	4442	+	transit district or an eligible political subdivision, the remainder of the revenue
	4443	+	2187
	4444	+	under Subsection (5)(a)(ii) or (5)(b)(ii) not allocated by a county legislative body
	4445	+	2188
	4446	+	through a resolution under Subsection (7)(a) shall be distributed as follows:
	4447	+	2189
	4448	+	(A) 50% of the revenue as provided in Subsection (6); and
	4449	+	2190
	4450	+	(B) 50% of the revenue to the county legislative body.
	4451	+	2191
	4452	+	(e) If a county legislative body seeks to change an allocation specified in a resolution
	4453	+	2192
	4454	+	under Subsection (7)(a), the county legislative body may change the allocation by:
	4455	+	2193
	4456	+	(i) adopting a resolution in accordance with Subsection (7)(a) specifying the
	4457	+	2194
	4458	+	percentage of revenue under Subsection (5)(a)(ii) or (5)(b)(ii) that will be
	4459	+	2195
	4460	+	allocated to a public transit district or an eligible political subdivision;
	4461	+	2196
	4462	+	(ii) obtaining approval to change the allocation of the sales and use tax by a majority
	4463	+	2197
	4464	+	of all the members of the county legislative body; and
	4465	+	2198
	4466	+	(iii) subject to Subsection (7)(f):
	4467	+	2199
	4468	+	(A) in accordance with Section 59-12-2208, submitting an opinion question to the
	4469	+	2200
	4470	+	county's registered voters voting on changing the allocation so that each
	4471	+	2201
	4472	+	registered voter has the opportunity to express the registered voter's opinion on
	4473	+	2202
	4474	+	whether the allocation should be changed; and
	4475	+	2203
	4476	+	(B) in accordance with Section 59-12-2208, obtaining approval to change the
	4477	+	2204
	4478	+	allocation from a majority of the county's registered voters voting on changing
	4479	+	- 65 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	4480	+	2205
	4481	+	the allocation.
	4482	+	2206
	4483	+	(f) Notwithstanding Section 59-12-2208, the opinion question required by Subsection
	4484	+	2207
	4485	+	(7)(e)(iii)(A) shall state the allocations specified in the resolution adopted in
	4486	+	2208
	4487	+	accordance with Subsection (7)(e) and approved by the county legislative body in
	4488	+	2209
	4489	+	accordance with Subsection (7)(e)(ii).
	4490	+	2210
	4491	+	(g)(i) If a county makes an allocation by adopting a resolution under Subsection
	4492	+	2211
	4493	+	(7)(a) or changes an allocation by adopting a resolution under Subsection (7)(e),
	4494	+	2212
	4495	+	the allocation shall take effect on the first distribution the commission makes
	4496	+	2213
	4497	+	under this section after a 90-day period that begins on the date the commission
	4498	+	2214
	4499	+	receives written notice meeting the requirements of Subsection (7)(g)(ii) from the
	4500	+	2215
4211	4501		county.
4212		-	2074
4213		-	(2) Subject to Subsection (9), the commission shall distribute sales and use tax revenue
4214		-	2075
4215		-	collected under this section as provided in Subsections (3) through (8).
4216		-	2076
4217		-	(3) If the entire boundary of a county that imposes a sales and use tax under this section is
4218		-	2077
4219		-	annexed into a single public transit district, the commission shall distribute the sales and
4220		-	2078
4221		-	use tax revenue collected within the county as follows:
4222		-	2079
4223		-	(a) .10% shall be transferred to the public transit district in accordance with Section
4224		-	2080
4225		-	59-12-2206;
4226		-	2081
4227		-	(b) .10% shall be distributed as provided in Subsection (6); and
4228		-	2082
4229		-	(c) .05% shall be distributed to the county legislative body.
4230		-	2083
4231		-	(4) If the entire boundary of a county that imposes a sales and use tax under this section is
4232		-	2084
4233		-	not annexed into a single public transit district, but a city or town within the county is
4234		-	2085
4235		-	annexed into a single large public transit district, the commission shall distribute the
4236		-	2086
4237		-	sales and use tax revenue collected within the county as follows:
4238		-	2087
4239		-	(a) for a city or town within the county that is annexed into a single public transit
4240		-	2088
4241		-	district, the commission shall distribute the sales and use tax revenue collected within
4242		-	2089
4243		-	that city or town as follows:
4244		-	2090
4245		-	(i) .10% shall be transferred to the public transit district in accordance with Section
4246		-	2091
4247		-	59-12-2206;
4248		-	2092
4249		-	(ii) .10% shall be distributed as provided in Subsection (6); and
4250		-	2093
4251		-	(iii) .05% shall be distributed to the county legislative body;
4252		-	2094
4253		-	(b) for an eligible political subdivision within the county, the commission shall
4254		-	2095
4255		-	distribute the sales and use tax revenue collected within that eligible political
4256		-	2096
4257		-	subdivision as follows:
4258		-	2097
4259		-	(i) .10% shall be transferred to the eligible political subdivision in accordance with
4260		-	2098
4261		-	Section 59-12-2206;
4262		-	2099
4263		-	(ii) .10% shall be distributed as provided in Subsection (6); and
4264		-	2100
4265		-	(iii) .05% shall be distributed to the county legislative body; and
4266		-	2101
4267		-	(c) the commission shall distribute the sales and use tax revenue, except for the sales and
4268		-	- 62 - Enrolled Copy S.B. 195
4269		-	2102
4270		-	use tax revenue described in Subsections (4)(a) and (b), as follows:
4271		-	2103
4272		-	(i) .10% shall be distributed as provided in Subsection (6); and
4273		-	2104
4274		-	(ii) .15% shall be distributed to the county legislative body.
4275		-	2105
4276		-	(5) For a county not described in Subsection (3) or (4), if a county of the second, third,
4277		-	2106
4278		-	fourth, fifth, or sixth class imposes a sales and use tax under this section, the
4279		-	2107
4280		-	commission shall distribute the sales and use tax revenue collected within the county as
4281		-	2108
4282		-	follows:
4283		-	2109
4284		-	(a) for a city or town within the county that is annexed into a single public transit
4285		-	2110
4286		-	district, the commission shall distribute the sales and use tax revenue collected within
4287		-	2111
4288		-	that city or town as follows:
4289		-	2112
4290		-	(i) .10% shall be distributed as provided in Subsection (6);
4291		-	2113
4292		-	(ii) .10% shall be distributed as provided in Subsection (7); and
4293		-	2114
4294		-	(iii) .05% shall be distributed to the county legislative body;
4295		-	2115
4296		-	(b) for an eligible political subdivision within the county, the commission shall
4297		-	2116
4298		-	distribute the sales and use tax revenue collected within that eligible political
4299		-	2117
4300		-	subdivision as follows:
4301		-	2118
4302		-	(i) .10% shall be distributed as provided in Subsection (6);
4303		-	2119
4304		-	(ii) .10% shall be distributed as provided in Subsection (7); and
4305		-	2120
4306		-	(iii) .05% shall be distributed to the county legislative body; and
4307		-	2121
4308		-	(c) the commission shall distribute the sales and use tax revenue, except for the sales and
4309		-	2122
4310		-	use tax revenue described in Subsections (5)(a) and (b), as follows:
4311		-	2123
4312		-	(i) .10% shall be distributed as provided in Subsection (6); and
4313		-	2124
4314		-	(ii) .15% shall be distributed to the county legislative body.
4315		-	2125
4316		-	(6)(a) Subject to Subsection (6)(b), the commission shall make the distributions required
4317		-	2126
4318		-	by Subsections (3)(b), (4)(a)(ii), (4)(b)(ii), (4)(c)(i), (5)(a)(i), (5)(b)(i), (5)(c)(i), and
4319		-	2127
4320		-	(7)(d)(ii)(A) as follows:
4321		-	2128
4322		-	(i) 50% of the total revenue collected under Subsections (3)(b), (4)(a)(ii), (4)(b)(ii),
4323		-	2129
4324		-	(4)(c)(i), (5)(a)(i), (5)(b)(i), (5)(c)(i), and (7)(d)(ii)(A) within the counties and
4325		-	2130
4326		-	cities that impose a tax under this section shall be distributed to the
4327		-	2131
4328		-	unincorporated areas, cities, and towns within those counties and cities on the
4329		-	2132
4330		-	basis of the percentage that the population of each unincorporated area, city, or
4331		-	2133
4332		-	town bears to the total population of all of the counties and cities that impose a tax
4333		-	2134
4334		-	under this section; and
4335		-	2135
4336		-	(ii) 50% of the total revenue collected under Subsections (3)(b), (4)(a)(ii), (4)(b)(ii),
4337		-	- 63 - S.B. 195 Enrolled Copy
4338		-	2136
4339		-	(4)(c)(i), (5)(a)(i), (5)(b)(i), (5)(c)(i), and (7)(d)(ii)(A) within the counties and
4340		-	2137
4341		-	cities that impose a tax under this section shall be distributed to the
4342		-	2138
4343		-	unincorporated areas, cities, and towns within those counties and cities on the
4344		-	2139
4345		-	basis of the location of the transaction as determined under Sections 59-12-211
4346		-	2140
4347		-	through 59-12-215.
4348		-	2141
4349		-	(b)(i) Population for purposes of this Subsection (6) shall be determined on the basis
4350		-	2142
4351		-	of the most recent official census or census estimate of the United States Bureau
4352		-	2143
4353		-	of the Census.
4354		-	2144
4355		-	(ii) If a needed population estimate is not available from the United States Bureau of
4356		-	2145
4357		-	the Census, population figures shall be derived from an estimate from the Utah
4358		-	2146
4359		-	Population Committee.
4360		-	2147
4361		-	(7)(a)(i) Subject to the requirements in Subsections (7)(b) and (c), a county
4362		-	2148
4363		-	legislative body:
4364		-	2149
4365		-	(A) for a county that obtained approval from a majority of the county's registered
4366		-	2150
4367		-	voters voting on the imposition of a sales and use tax under this section prior to
4368		-	2151
4369		-	May 10, 2016, may, in consultation with any cities, towns, or eligible political
4370		-	2152
4371		-	subdivisions within the county, and in compliance with the requirements for
4372		-	2153
4373		-	changing an allocation under Subsection (7)(e), allocate the revenue under
4374		-	2154
4375		-	Subsection (5)(a)(ii) or (5)(b)(ii) by adopting a resolution specifying the
4376		-	2155
4377		-	percentage of revenue under Subsection (5)(a)(ii) or (5)(b)(ii) that will be
4378		-	2156
4379		-	allocated to a public transit district or an eligible political subdivision; or
4380		-	2157
4381		-	(B) for a county that imposes a sales and use tax under this section on or after
4382		-	2158
4383		-	May 10, 2016, shall, in consultation with any cities, towns, or eligible political
4384		-	2159
4385		-	subdivisions within the county, allocate the revenue under Subsection (5)(a)(ii)
4386		-	2160
4387		-	or (5)(b)(ii) by adopting a resolution specifying the percentage of revenue
4388		-	2161
4389		-	under Subsection (5)(a)(ii) or (5)(b)(ii) that will be allocated to a public transit
4390		-	2162
4391		-	district or an eligible political subdivision.
4392		-	2163
4393		-	(ii) If a county described in Subsection (7)(a)(i)(A) does not allocate the revenue
4394		-	2164
4395		-	under Subsection (5)(a)(ii) or (5)(b)(ii) in accordance with Subsection (7)(a)(i)(A),
4396		-	2165
4397		-	the commission shall distribute 100% of the revenue under Subsection (5)(a)(ii) or
4398		-	2166
4399		-	(5)(b)(ii) to:
4400		-	2167
4401		-	(A) a public transit district for a city or town within the county that is annexed into
4402		-	2168
4403		-	a single public transit district; or
4404		-	2169
4405		-	(B) an eligible political subdivision within the county.
4406		-	- 64 - Enrolled Copy S.B. 195
4407		-	2170
4408		-	(b) If a county legislative body allocates the revenue as described in Subsection (7)(a)(i),
4409		-	2171
4410		-	the county legislative body shall allocate not less than 25% of the revenue under
4411		-	2172
4412		-	Subsection (5)(a)(ii) or (5)(b)(ii) to:
4413		-	2173
4414		-	(i) a public transit district for a city or town within the county that is annexed into a
4415		-	2174
4416		-	single public transit district; or
4417		-	2175
4418		-	(ii) an eligible political subdivision within the county.
4419		-	2176
4420		-	(c) Notwithstanding Section 59-12-2208, the opinion question described in Section
4421		-	2177
4422		-	59-12-2208 shall state the allocations the county legislative body makes in
4423		-	2178
4424		-	accordance with this Subsection (7).
4425		-	2179
4426		-	(d) The commission shall make the distributions required by Subsection (5)(a)(ii) or
4427		-	2180
4428		-	(5)(b)(ii) as follows:
4429		-	2181
4430		-	(i) the percentage specified by a county legislative body shall be distributed in
4431		-	2182
4432		-	accordance with a resolution adopted by a county legislative body under
4433		-	2183
4434		-	Subsection (7)(a) to an eligible political subdivision or a public transit district
4435		-	2184
4436		-	within the county; and
4437		-	2185
4438		-	(ii) except as provided in Subsection (7)(a)(ii), if a county legislative body allocates
4439		-	2186
4440		-	less than 100% of the revenue under Subsection (5)(a)(ii) or (5)(b)(ii) to a public
4441		-	2187
4442		-	transit district or an eligible political subdivision, the remainder of the revenue
4443		-	2188
4444		-	under Subsection (5)(a)(ii) or (5)(b)(ii) not allocated by a county legislative body
4445		-	2189
4446		-	through a resolution under Subsection (7)(a) shall be distributed as follows:
4447		-	2190
4448		-	(A) 50% of the revenue as provided in Subsection (6); and
4449		-	2191
4450		-	(B) 50% of the revenue to the county legislative body.
4451		-	2192
4452		-	(e) If a county legislative body seeks to change an allocation specified in a resolution
4453		-	2193
4454		-	under Subsection (7)(a), the county legislative body may change the allocation by:
4455		-	2194
4456		-	(i) adopting a resolution in accordance with Subsection (7)(a) specifying the
4457		-	2195
4458		-	percentage of revenue under Subsection (5)(a)(ii) or (5)(b)(ii) that will be
4459		-	2196
4460		-	allocated to a public transit district or an eligible political subdivision;
4461		-	2197
4462		-	(ii) obtaining approval to change the allocation of the sales and use tax by a majority
4463		-	2198
4464		-	of all the members of the county legislative body; and
4465		-	2199
4466		-	(iii) subject to Subsection (7)(f):
4467		-	2200
4468		-	(A) in accordance with Section 59-12-2208, submitting an opinion question to the
4469		-	2201
4470		-	county's registered voters voting on changing the allocation so that each
4471		-	2202
4472		-	registered voter has the opportunity to express the registered voter's opinion on
4473		-	2203
4474		-	whether the allocation should be changed; and
4475		-	- 65 - S.B. 195 Enrolled Copy
4476		-	2204
4477		-	(B) in accordance with Section 59-12-2208, obtaining approval to change the
4478		-	2205
4479		-	allocation from a majority of the county's registered voters voting on changing
4480		-	2206
4481		-	the allocation.
4482		-	2207
4483		-	(f) Notwithstanding Section 59-12-2208, the opinion question required by Subsection
4484		-	2208
4485		-	(7)(e)(iii)(A) shall state the allocations specified in the resolution adopted in
4486		-	2209
4487		-	accordance with Subsection (7)(e) and approved by the county legislative body in
4488		-	2210
4489		-	accordance with Subsection (7)(e)(ii).
4490		-	2211
4491		-	(g)(i) If a county makes an allocation by adopting a resolution under Subsection (7)(a)
4492		-	2212
4493		-	or changes an allocation by adopting a resolution under Subsection (7)(e), the
4494		-	2213
4495		-	allocation shall take effect on the first distribution the commission makes under
4496		-	2214
4497		-	this section after a 90-day period that begins on the date the commission receives
4498		-	2215
4499		-	written notice meeting the requirements of Subsection (7)(g)(ii) from the county.
4500	4502		2216
4501	4503		(ii) The notice described in Subsection (7)(g)(i) shall state:
4502	4504		2217
4503	4505		(A) that the county will make or change the percentage of an allocation under
4504	4506		2218
4505	4507		Subsection (7)(a) or (e); and
4506	4508		2219
4507	4509		(B) the percentage of revenue under Subsection (5)(a)(ii) or (5)(b)(ii) that will be
4508	4510		2220
4509	4511		allocated to a public transit district or an eligible political subdivision.
4510	4512		2221
4511	4513		(8)(a) If a public transit district is organized after the date a county legislative body first
4512	4514		2222
4513	4515		imposes a tax under this section, a change in a distribution required by this section
4514	4516		2223
4515	4517		may not take effect until the first distribution the commission makes under this
4516	4518		2224
4517	4519		section after a 90-day period that begins on the date the commission receives written
4518	4520		2225
4519	4521		notice from the public transit district of the organization of the public transit district.
4520	4522		2226
4521	4523		(b) If an eligible political subdivision intends to provide public transit service within a
4522	4524		2227
4523	4525		county after the date a county legislative body first imposes a tax under this section, a
4524	4526		2228
4525	4527		change in a distribution required by this section may not take effect until the first
4526	4528		2229
4527	4529		distribution the commission makes under this section after a 90-day period that
4528	4530		2230
4529	4531		begins on the date the commission receives written notice from the eligible political
4530	4532		2231
4531	4533		subdivision stating that the eligible political subdivision intends to provide public
4532	4534		2232
4533	4535		transit service within the county.
4534	4536		2233
4535	4537		(9)(a)(i) Notwithstanding Subsections (3) through (8), for a county that has not
4536	4538		2234
4537	4539		imposed a sales and use tax under this section before May 8, 2018, and if the
4538	4540		2235
4539	4541		county imposes a sales and use tax under this section before June 30, 2019, the
4540	4542		2236
4541	4543		commission shall distribute all of the sales and use tax revenue collected by the
4542	4544		2237
4543	4545		county before June 30, 2019, to the county for the purposes described in
4544		-	- 66 - Enrolled Copy S.B. 195
4545	4546		2238
4546	4547		Subsection (9)(a)(ii).
	4548	+	- 66 - 03-06 08:58 7th Sub. (Buff) S.B. 195
4547	4549		2239
4548	4550		(ii) For any revenue collected by a county pursuant to Subsection (9)(a)(i) before
4549	4551		2240
4550	4552		June 30, 2019, the county may expend that revenue for:
4551	4553		2241
4552	4554		(A) reducing transportation related debt;
4553	4555		2242
4554	4556		(B) a regionally significant transportation facility; or
4555	4557		2243
4556	4558		(C) a public transit project of regional significance.
4557	4559		2244
4558	4560		(b) For a county that has not imposed a sales and use tax under this section before May
4559	4561		2245
4560	4562		8, 2018, and if the county imposes a sales and use tax under this section before June
4561	4563		2246
4562	4564		30, 2019, the commission shall distribute the sales and use tax revenue collected by
4563	4565		2247
4564	4566		the county on or after July 1, 2019, as described in Subsections (3) through (8).
4565	4567		2248
4566	4568		(c) For a county that has not imposed a sales and use tax under this section before June
4567	4569		2249
4568	4570		30, 2019, if the entire boundary of that county is annexed into a large public transit
4569	4571		2250
4570	4572		district, and if the county imposes a sales and use tax under this section on or after
4571	4573		2251
4572	4574		July 1, 2019, the commission shall distribute the sales and use tax revenue collected
4573	4575		2252
4574	4576		by the county as described in Subsections (3) through (8).
4575	4577		2253
4576	4578		(10) A county, city, or town may expend revenue collected from a tax under this section,
4577	4579		2254
4578	4580		except for revenue the commission distributes in accordance with Subsection (3)(a),
4579	4581		2255
4580	4582		(4)(a)(i), (4)(b)(i), or (7)(d)(i), for a purpose described in Section 59-12-2212.2.
4581	4583		2256
4582	4584		(11)(a) A public transit district or an eligible political subdivision may expend revenue
4583	4585		2257
4584	4586		the commission distributes in accordance with Subsection (3)(a), (4)(a)(i), (4)(b)(i),
4585	4587		2258
4586	4588		or (7)(d)(i) for capital expenses and service delivery expenses of the public transit
4587	4589		2259
4588	4590		district or eligible political subdivision.
4589	4591		2260
4590	4592		(b) As provided in Section 59-12-2212.2, for the .10% designated for public transit
4591	4593		2261
4592	4594		described in Subsection (3)(a) that is not contractually obligated for debt service,
4593	4595		2262
4594	4596		beginning on July 1, [2025] 2026, a public transit district shall make available to the
4595	4597		2263
4596	4598		Department of Transportation an amount equal to 10% of the .10% to be used for
4597	4599		2264
4598	4600		public transit innovation grants as provided in Title 72, Chapter 2, Part [3] 4, Public
4599	4601		2265
4600	4602		Transit Innovation Grants.
4601	4603		2266
4602	4604		(12) Notwithstanding Section 59-12-2208, a county, city, or town legislative body may, but
4603	4605		2267
4604	4606		is not required to, submit an opinion question to the county's, city's, or town's registered
4605	4607		2268
4606	4608		voters in accordance with Section 59-12-2208 to impose a sales and use tax under this
4607	4609		2269
4608	4610		section.
4609	4611		2270
4610	4612		(13)(a)(i) Notwithstanding any other provision in this section, if the entire boundary
4611	4613		2271
4612	4614		of a county is annexed into a large public transit district, if the county legislative
4613		-	- 67 - S.B. 195 Enrolled Copy
4614	4615		2272
4615	4616		body wishes to impose a sales and use tax under this section, the county
	4617	+	- 67 - 7th Sub. (Buff) S.B. 195 03-06 08:58
4616	4618		2273
4617	4619		legislative body shall pass the ordinance to impose a sales and use tax under this
4618	4620		2274
4619	4621		section on or before June 30, 2022.
4620	4622		2275
4621	4623		(ii) If the entire boundary of a county is annexed into a large public transit district,
4622	4624		2276
4623	4625		the county legislative body may not pass an ordinance to impose a sales and use
4624	4626		2277
4625	4627		tax under this section on or after July 1, 2022.
4626	4628		2278
4627	4629		(b) Notwithstanding the deadline described in Subsection (13)(a), any sales and use tax
4628	4630		2279
4629	4631		imposed under this section by passage of a county ordinance on or before June 30,
4630	4632		2280
4631	4633		2022, may remain in effect.
4632	4634		2281
4633	4635		(14)(a) Beginning on July 1, 2020, and subject to Subsection (15), if a county has not
4634	4636		2282
4635	4637		imposed a sales and use tax under this section, subject to the provisions of this part,
4636	4638		2283
4637	4639		the legislative body of a city or town described in Subsection (14)(b) may impose a
4638	4640		2284
4639	4641		.25% sales and use tax on the transactions described in Subsection 59-12-103(1)
4640	4642		2285
4641	4643		within the city or town.
4642	4644		2286
4643	4645		(b) The following cities or towns may impose a sales and use tax described in
4644	4646		2287
4645	4647		Subsection (14)(a):
4646	4648		2288
4647	4649		(i) a city or town that has been annexed into a public transit district; or
4648	4650		2289
4649	4651		(ii) an eligible political subdivision.
4650	4652		2290
4651	4653		(c) If a city or town imposes a sales and use tax as provided in this section, the
4652	4654		2291
4653	4655		commission shall distribute the sales and use tax revenue collected by the city or
4654	4656		2292
4655	4657		town as follows:
4656	4658		2293
4657	4659		(i) .125% to the city or town that imposed the sales and use tax, to be distributed as
4658	4660		2294
4659	4661		provided in Subsection (6); and
4660	4662		2295
4661	4663		(ii) .125%, as applicable, to:
4662	4664		2296
4663	4665		(A) the public transit district in which the city or town is annexed; or
4664	4666		2297
4665	4667		(B) the eligible political subdivision for public transit services.
4666	4668		2298
4667	4669		(d) If a city or town imposes a sales and use tax under this section and the county
4668	4670		2299
4669	4671		subsequently imposes a sales and use tax under this section, the commission shall
4670	4672		2300
4671	4673		distribute the sales and use tax revenue collected within the city or town as described
4672	4674		2301
4673	4675		in Subsection (14)(c).
4674	4676		2302
4675	4677		(15)(a)(i) Notwithstanding any other provision in this section, if a city or town
4676	4678		2303
4677	4679		legislative body wishes to impose a sales and use tax under this section, the city or
4678	4680		2304
4679	4681		town legislative body shall pass the ordinance to impose a sales and use tax under
4680	4682		2305
4681	4683		this section on or before June 30, 2022.
4682		-	- 68 - Enrolled Copy S.B. 195
4683	4684		2306
4684	4685		(ii) A city or town legislative body may not pass an ordinance to impose a sales and
	4686	+	- 68 - 03-06 08:58 7th Sub. (Buff) S.B. 195
4685	4687		2307
4686	4688		use tax under this section on or after July 1, 2022.
4687	4689		2308
4688	4690		(b) Notwithstanding the deadline described in Subsection (15)(a), any sales and use tax
4689	4691		2309
4690	4692		imposed under this section by passage of an ordinance by a city or town legislative
4691	4693		2310
4692	4694		body on or before June 30, 2022, may remain in effect.
4693	4695		2311
4694	4696		Section 16. Section 59-12-2220 is amended to read:
4695	4697		2312
4696	4698		59-12-2220 (Effective 05/07/25). County option sales and use tax to fund
4697	4699		2313
4698	4700		highways or a system for public transit -- Base -- Rate.
4699	4701		2314
4700	4702		(1) Subject to the other provisions of this part and subject to the requirements of this
4701	4703		2315
4702	4704		section, the following counties may impose a sales and use tax under this section:
4703	4705		2316
4704	4706		(a) a county legislative body may impose the sales and use tax on the transactions
4705	4707		2317
4706	4708		described in Subsection 59-12-103(1) located within the county, including the cities
4707	4709		2318
4708	4710		and towns within the county if:
4709	4711		2319
4710	4712		(i) the entire boundary of a county is annexed into a large public transit district; and
4711	4713		2320
4712	4714		(ii) the maximum amount of sales and use tax authorizations allowed pursuant to
4713	4715		2321
4714	4716		Section 59-12-2203 and authorized under the following sections has been imposed:
4715	4717		2322
4716	4718		(A) Section 59-12-2213;
4717	4719		2323
4718	4720		(B) Section 59-12-2214;
4719	4721		2324
4720	4722		(C) Section 59-12-2215;
4721	4723		2325
4722	4724		(D) Section 59-12-2216;
4723	4725		2326
4724	4726		(E) Section 59-12-2217;
4725	4727		2327
4726	4728		(F) Section 59-12-2218; and
4727	4729		2328
4728	4730		(G) Section 59-12-2219;
4729	4731		2329
4730	4732		(b) if the county is not annexed into a large public transit district, the county legislative
4731	4733		2330
4732	4734		body may impose the sales and use tax on the transactions described in Subsection
4733	4735		2331
4734	4736		59-12-103(1) located within the county, including the cities and towns within the
4735	4737		2332
4736	4738		county if:
4737	4739		2333
4738	4740		(i) the county is an eligible political subdivision; or
4739	4741		2334
4740	4742		(ii) a city or town within the boundary of the county is an eligible political
4741	4743		2335
4742	4744		subdivision; or
4743	4745		2336
4744	4746		(c) a county legislative body of a county not described in Subsection (1)(a) or (1)(b) may
4745	4747		2337
4746		-	impose the sales and use tax on the transactions described in Subsection 59-12-103~~(1)~~
	4748	+	impose the sales and use tax on the transactions described in Subsection 59-12-103
4747	4749		2338
4748		-	located within the county, including the cities and towns within the county.
	4750	+	(1) located within the county, including the cities and towns within the county.
4749	4751		2339
4750	4752		(2) For purposes of Subsection (1) and subject to the other provisions of this section, a
4751		-	- 69 - S.B. 195 Enrolled Copy
4752	4753		2340
4753	4754		county legislative body that imposes a sales and use tax under this section may impose
	4755	+	- 69 - 7th Sub. (Buff) S.B. 195 03-06 08:58
4754	4756		2341
4755	4757		the tax at a rate of .2%.
4756	4758		2342
4757	4759		(3)(a) The commission shall distribute sales and use tax revenue collected under this
4758	4760		2343
4759	4761		section as determined by a county legislative body as described in Subsection (3)(b).
4760	4762		2344
4761	4763		(b) If a county legislative body imposes a sales and use tax as described in this section,
4762	4764		2345
4763	4765		the county legislative body may elect to impose a sales and use tax revenue
4764	4766		2346
4765	4767		distribution as described in Subsection (4), (5), (6), or (7), depending on the class of
4766	4768		2347
4767	4769		county, and presence and type of a public transit provider in the county.
4768	4770		2348
4769	4771		(4) If a county legislative body imposes a sales and use tax as described in this section, and
4770	4772		2349
4771	4773		the entire boundary of the county is annexed into a large public transit district, and the
4772	4774		2350
4773	4775		county is a county of the first class, the commission shall distribute the sales and use tax
4774	4776		2351
4775	4777		revenue as follows:
4776	4778		2352
4777	4779		(a) .10% to a public transit district as described in Subsection (11);
4778	4780		2353
4779	4781		(b) .05% to the cities and towns as provided in Subsection (8); and
4780	4782		2354
4781	4783		(c) .05% to the county legislative body.
4782	4784		2355
4783	4785		(5) If a county legislative body imposes a sales and use tax as described in this section and
4784	4786		2356
4785	4787		the entire boundary of the county is annexed into a large public transit district, and the
4786	4788		2357
4787	4789		county is a county not described in Subsection (4), the commission shall distribute the
4788	4790		2358
4789	4791		sales and use tax revenue as follows:
4790	4792		2359
4791	4793		(a) .10% to a public transit district as described in Subsection (11);
4792	4794		2360
4793	4795		(b) .05% to the cities and towns as provided in Subsection (8); and
4794	4796		2361
4795	4797		(c) .05% to the county legislative body.
4796	4798		2362
4797	4799		(6)(a) Except as provided in Subsection (12)(c), if the entire boundary of a county that
4798	4800		2363
4799	4801		imposes a sales and use tax as described in this section is not annexed into a single
4800	4802		2364
4801	4803		public transit district, but a city or town within the county is annexed into a single
4802	4804		2365
4803	4805		public transit district, or if the city or town is an eligible political subdivision, the
4804	4806		2366
4805	4807		commission shall distribute the sales and use tax revenue collected within the county
4806	4808		2367
4807	4809		as provided in Subsection (6)(b) or (c).
4808	4810		2368
4809	4811		(b) For a city, town, or portion of the county described in Subsection (6)(a) that is
4810	4812		2369
4811	4813		annexed into the single public transit district, or an eligible political subdivision, the
4812	4814		2370
4813	4815		commission shall distribute the sales and use tax revenue collected within the portion
4814	4816		2371
4815	4817		of the county that is within a public transit district or eligible political subdivision as
4816	4818		2372
4817	4819		follows:
4818	4820		2373
4819	4821		(i) .05% to a public transit provider as described in Subsection (11);
4820		-	- 70 - Enrolled Copy S.B. 195
4821	4822		2374
4822	4823		(ii) .075% to the cities and towns as provided in Subsection (8); and
	4824	+	- 70 - 03-06 08:58 7th Sub. (Buff) S.B. 195
4823	4825		2375
4824	4826		(iii) .075% to the county legislative body.
4825	4827		2376
4826	4828		(c) Except as provided in Subsection (12)(c), for a city, town, or portion of the county
4827	4829		2377
4828	4830		described in Subsection (6)(a) that is not annexed into a single public transit district
4829	4831		2378
4830	4832		or eligible political subdivision in the county, the commission shall distribute the
4831	4833		2379
4832	4834		sales and use tax revenue collected within that portion of the county as follows:
4833	4835		2380
4834	4836		(i) .08% to the cities and towns as provided in Subsection (8); and
4835	4837		2381
4836	4838		(ii) .12% to the county legislative body.
4837	4839		2382
4838	4840		(7) For a county without a public transit service that imposes a sales and use tax as
4839	4841		2383
4840	4842		described in this section, the commission shall distribute the sales and use tax revenue
4841	4843		2384
4842	4844		collected within the county as follows:
4843	4845		2385
4844	4846		(a) .08% to the cities and towns as provided in Subsection (8); and
4845	4847		2386
4846	4848		(b) .12% to the county legislative body.
4847	4849		2387
4848	4850		(8)(a) Subject to Subsections (8)(b) and (c), the commission shall make the distributions
4849	4851		2388
4850	4852		required by Subsections (4)(b), (5)(b), (6)(b)(ii), (6)(c)(i), and (7)(a) as follows:
4851	4853		2389
4852	4854		(i) 50% of the total revenue collected under Subsections (4)(b), (5)(b), (6)(b)(ii),
4853	4855		2390
4854	4856		(6)(c)(i), and (7)(a) within the counties that impose a tax under Subsections (4)
4855	4857		2391
4856	4858		through (7) shall be distributed to the unincorporated areas, cities, and towns
4857	4859		2392
4858	4860		within those counties on the basis of the percentage that the population of each
4859	4861		2393
4860	4862		unincorporated area, city, or town bears to the total population of all of the
4861	4863		2394
4862	4864		counties that impose a tax under this section; and
4863	4865		2395
4864	4866		(ii) 50% of the total revenue collected under Subsections (4)(b), (5)(b), (6)(b)(ii),
4865	4867		2396
4866	4868		(6)(c)(i), and (7)(a) within the counties that impose a tax under Subsections (4)
4867	4869		2397
4868	4870		through (7) shall be distributed to the unincorporated areas, cities, and towns
4869	4871		2398
4870	4872		within those counties on the basis of the location of the transaction as determined
4871	4873		2399
4872	4874		under Sections 59-12-211 through 59-12-215.
4873	4875		2400
4874	4876		(b)(i) Population for purposes of this Subsection (8) shall be determined on the basis
4875	4877		2401
4876	4878		of the most recent official census or census estimate of the United States Census
4877	4879		2402
4878	4880		Bureau.
4879	4881		2403
4880	4882		(ii) If a needed population estimate is not available from the United States Census
4881	4883		2404
4882	4884		Bureau, population figures shall be derived from an estimate from the Utah
4883	4885		2405
4884	4886		Population Estimates Committee created by executive order of the governor.
4885	4887		2406
4886	4888		(c)(i) Beginning on January 1, 2024, if the Housing and Community Development
4887	4889		2407
4888	4890		Division within the Department of Workforce Services determines that a city or
4889		-	- 71 - S.B. 195 Enrolled Copy
4890	4891		2408
4891	4892		town is ineligible for funds in accordance with Subsection 10-9a-408(7),
	4893	+	- 71 - 7th Sub. (Buff) S.B. 195 03-06 08:58
4892	4894		2409
4893	4895		beginning the first day of the calendar quarter after receiving 90 days' notice, the
4894	4896		2410
4895	4897		commission shall distribute the distribution that city or town would have received
4896	4898		2411
4897	4899		under Subsection (8)(a) to cities or towns to which Subsection 10-9a-408(7) does
4898	4900		2412
4899	4901		not apply.
4900	4902		2413
4901	4903		(ii) Beginning on January 1, 2024, if the Housing and Community Development
4902	4904		2414
4903	4905		Division within the Department of Workforce Services determines that a county is
4904	4906		2415
4905	4907		ineligible for funds in accordance with Subsection 17-27a-408(7), beginning the
4906	4908		2416
4907	4909		first day of the calendar quarter after receiving 90 days' notice, the commission
4908	4910		2417
4909	4911		shall distribute the distribution that county would have received under Subsection
4910	4912		2418
4911	4913		(8)(a) to counties to which Subsection 17-27a-408(7) does not apply.
4912	4914		2419
4913	4915		(9) If a public transit service is organized after the date a county legislative body first
4914	4916		2420
4915	4917		imposes a tax under this section, a change in a distribution required by this section may
4916	4918		2421
4917	4919		not take effect until the first distribution the commission makes under this section after a
4918	4920		2422
4919	4921		90-day period that begins on the date the commission receives written notice from the
4920	4922		2423
4921	4923		public transit provider that the public transit service has been organized.
4922	4924		2424
4923	4925		(10)(a) Except as provided in Subsection (10)(b), a county, city, or town that received
4924	4926		2425
4925	4927		distributions described in Subsections (4)(b), (4)(c), (5)(b), (5)(c), (6)(b)(ii),
4926	4928		2426
4927	4929		(6)(b)(iii), (6)(c), and (7) may only expend those funds for a purpose described in
4928	4930		2427
4929	4931		Section 59-12-2212.2.
4930	4932		2428
4931	4933		(b) If a county described in Subsection (1)(a) that is a county of the first class imposes
4932	4934		2429
4933	4935		the sales and use tax authorized in this section, the county may also use funds
4934	4936		2430
4935	4937		distributed in accordance with Subsection (4)(c) for public safety purposes.
4936	4938		2431
4937	4939		(11)(a) Subject to Subsections (11)(b), (c), and (d), revenue designated for public transit
4938	4940		2432
4939	4941		as described in this section may be used for capital expenses and service delivery
4940	4942		2433
4941	4943		expenses of:
4942	4944		2434
4943	4945		(i) a public transit district;
4944	4946		2435
4945	4947		(ii) an eligible political subdivision; or
4946	4948		2436
4947	4949		(iii) another entity providing a service for public transit or a transit facility within the
4948	4950		2437
4949	4951		relevant county, as those terms are defined in Section 17B-2a-802.
4950	4952		2438
4951	4953		(b)(i)(A) If a county of the first class imposes a sales and use tax described in this
4952	4954		2439
4953	4955		section, for a three-year period following the date on which the county imposes
4954	4956		2440
4955	4957		the sales and use tax under this section, revenue designated for public transit
4956	4958		2441
4957	4959		within a county of the first class as described in Subsection (4)(a) shall be
4958		-	- 72 - Enrolled Copy S.B. 195
4959	4960		2442
4960	4961		transferred to the County of the First Class Highway Projects Fund created in
	4962	+	- 72 - 03-06 08:58 7th Sub. (Buff) S.B. 195
4961	4963		2443
4962	4964		Section 72-2-121.
4963	4965		2444
4964	4966		(B) Revenue deposited into the County of the First Class Highway Projects Fund
4965	4967		2445
4966	4968		created in Section 72-2-121 as described in Subsection (11)(b)(i)(A) may be
4967	4969		2446
4968	4970		used for public transit innovation grants as provided in Title 72, Chapter 2, Part [
4969	4971		2447
4970	4972		3] 4, Public Transit Innovation Grants.
4971	4973		2448
4972	4974		(ii) If a county of the first class imposes a sales and use tax described in this section,
4973	4975		2449
4974	4976		beginning on the day three years after the date on which the county imposed the
4975	4977		2450
4976	4978		tax as described in Subsection (11)(b)(i), for revenue designated for public transit
4977	4979		2451
4978	4980		as described in Subsection (4)(a):
4979	4981		2452
4980	4982		(A) 50% of the revenue from a sales and use tax imposed under this section in a
4981	4983		2453
4982	4984		county of the first class shall be transferred to the County of the First Class
4983	4985		2454
4984	4986		Highway Projects Fund created in Section 72-2-121; and
4985	4987		2455
4986	4988		(B) 50% of the revenue from a sales and use tax imposed under this section in a
4987	4989		2456
4988	4990		county of the first class shall be transferred to the Transit Transportation
4989	4991		2457
4990	4992		Investment Fund created in Subsection 72-2-124(9).
4991	4993		2458
4992	4994		(c)(i) If a county that is not a county of the first class for which the entire boundary of
4993	4995		2459
4994	4996		the county is annexed into a large public transit district imposes a sales and use
4995	4997		2460
4996	4998		tax described in this section, for a three-year period following the date on which
4997	4999		2461
4998	5000		the county imposes the sales and use tax under this section, revenue designated for
4999	5001		2462
5000	5002		public transit as described in Subsection (5)(a) shall be transferred to the relevant
5001	5003		2463
5002	5004		county legislative body to be used for a purpose described in Subsection (11)(a).
5003	5005		2464
5004	5006		(ii) If a county that is not a county of the first class for which the entire boundary of
5005	5007		2465
5006	5008		the county is annexed into a large public transit district imposes a sales and use
5007	5009		2466
5008	5010		tax described in this section, beginning on the day three years after the date on
5009	5011		2467
5010	5012		which the county imposed the tax as described in Subsection (11)(c)(i), for the
5011	5013		2468
5012	5014		revenue that is designated for public transit in Subsection (5)(a):
5013	5015		2469
5014	5016		(A) 50% shall be transferred to the Transit Transportation Investment Fund
5015	5017		2470
5016	5018		created in Subsection 72-2-124(9); and
5017	5019		2471
5018	5020		(B) 50% shall be transferred to the relevant county legislative body to be used for
5019	5021		2472
5020	5022		a purpose described in Subsection (11)(a).
5021	5023		2473
5022	5024		(d) Except as provided in Subsection (12)(c), for a county that imposes a sales and use
5023	5025		2474
5024	5026		tax under this section, for revenue designated for public transit as described in
5025	5027		2475
5026	5028		Subsection (6)(b)(i), the revenue shall be transferred to the relevant county legislative
5027		-	- 73 - S.B. 195 Enrolled Copy
5028	5029		2476
5029	5030		body to be used for a purpose described in Subsection (11)(a).
	5031	+	- 73 - 7th Sub. (Buff) S.B. 195 03-06 08:58
5030	5032		2477
5031	5033		(12)(a) Notwithstanding Section 59-12-2208, a county legislative body may, but is not
5032	5034		2478
5033	5035		required to, submit an opinion question to the county's registered voters in
5034	5036		2479
5035	5037		accordance with Section 59-12-2208 to impose a sales and use tax under this section.
5036	5038		2480
5037	5039		(b) If a county passes an ordinance to impose a sales and use tax as described in this
5038	5040		2481
5039	5041		section, the sales and use tax shall take effect on the first day of the calendar quarter
5040	5042		2482
5041	5043		after a 90-day period that begins on the date the commission receives written notice
5042	5044		2483
5043	5045		from the county of the passage of the ordinance.
5044	5046		2484
5045	5047		(c) A county that imposed the local option sales and use tax described in this section
5046	5048		2485
5047	5049		before January 1, 2023, may maintain that county's distribution allocation in place as
5048	5050		2486
5049	5051		of January 1, 2023.
5050	5052		2487
5051	5053		(13)(a) Revenue collected from a sales and use tax under this section may not be used to
5052	5054		2488
5053	5055		supplant existing General Fund appropriations that a county, city, or town budgeted
5054	5056		2489
5055	5057		for transportation or public transit as of the date the tax becomes effective for a
5056	5058		2490
5057	5059		county, city, or town.
5058	5060		2491
5059	5061		(b) The limitation under Subsection (13)(a) does not apply to a designated transportation
5060	5062		2492
5061	5063		or public transit capital or reserve account a county, city, or town established before
5062	5064		2493
5063	5065		the date the tax becomes effective.
5064	5066		2494
5065	5067		Section 17. Section 63B-11-502 is amended to read:
5066	5068		2495
5067	5069		63B-11-502 (Effective 05/07/25). Maximum amount -- Projects authorized.
5068	5070		2496
5069	5071		(1) The total amount of bonds issued under this part may not exceed $52,101,800.
5070	5072		2497
5071	5073		(2)(a)(i) Proceeds from the issuance of bonds shall be provided to the Department of
5072	5074		2498
5073	5075		Transportation to provide funds to pay all or part of the costs of accelerating any
5074	5076		2499
5075	5077		of the following state highway construction or reconstruction projects in Salt Lake
5076	5078		2500
5077	5079		County:
5078	5080		2501
5079	5081		(A) I-15: 10600 South to the Utah County line;
5080	5082		2502
5081	5083		(B) Final Environmental Impact Statement for Western Transportation Corridor:
5082	5084		2503
5083	5085		I-80 to Utah County;
5084	5086		2504
5085	5087		(C) I-215: Redwood Road to 4700 South;
5086	5088		2505
5087	5089		(D) State Street Reconstruction: 9000 South to 10600 South; and
5088	5090		2506
5089	5091		(E) except as provided in Subsection (2)(d), State Street Reconstruction: 7800
5090	5092		2507
5091	5093		South to 8000 South.
5092	5094		2508
5093	5095		(ii) If the Department of Transportation is unable to begin or complete a project
5094	5096		2509
5095	5097		authorized by this Subsection (2)(a) because of a court order, the Department of
5096		-	- 74 - Enrolled Copy S.B. 195
5097	5098		2510
5098	5099		Transportation, with the approval of Salt Lake County, may expend bond
	5100	+	- 74 - 03-06 08:58 7th Sub. (Buff) S.B. 195
5099	5101		2511
5100	5102		proceeds to construct one or more projects identified in Subsection (2)(e).
5101	5103		2512
5102	5104		(b) When the Utah Transit Authority certifies to the Transportation Commission that the
5103	5105		2513
5104	5106		Utah Transit Authority will pay half the costs of reconstruction of the Utah Transit
5105	5107		2514
5106	5108		Authority railroad overpass on 8000 South State Street, the Department of
5107	5109		2515
5108	5110		Transportation may provide funds from bond proceeds to pay the other half of the
5109	5111		2516
5110	5112		costs of reconstruction of the Utah Transit Authority railroad overpass on 8000 South.
5111	5113		2517
5112	5114		(c) As used in Subsections (2)(a) and (b), "costs" may include the cost of acquiring land,
5113	5115		2518
5114	5116		interests in land, easements and rights-of-way, improving sites, and making all
5115	5117		2519
5116	5118		improvements necessary, incidental, or convenient to the facilities, interest estimated
5117	5119		2520
5118	5120		to accrue on these bonds during the period to be covered by construction of the
5119	5121		2521
5120	5122		projects plus a period of six months after the end of the construction period, interest
5121	5123		2522
5122	5124		estimated to accrue on any bond anticipation notes issued under the authority of
5123	5125		2523
5124	5126		Chapter 11, Part 6, 2002 Highway General Obligation Bond Anticipation Notes for
5125	5127		2524
5126	5128		Salt Lake County, and all related engineering, architectural, and legal fees.
5127	5129		2525
5128	5130		(d) Bond proceeds may not be expended on the State Street Reconstruction: 7800 to
5129	5131		2526
5130	5132		8000 South project until the Transportation Commission has received the
5131	5133		2527
5132	5134		certification required by Subsection (2)(b) from the Utah Transit Authority.
5133	5135		2528
5134	5136		(e) As the following projects or future projects identified by Salt Lake County and the
5135	5137		2529
5136	5138		Legislature are prepared and ready for construction by the Department of
5137	5139		2530
5138	5140		Transportation, it is the intent of the Legislature that they will be accelerated and
5139	5141		2531
5140	5142		funded from future general obligation bonds issued in anticipation of receiving debt
5141	5143		2532
5142	5144		service funds from the amount described in Subsection 59-12-2214(3)(b) and from
5143	5145		2533
5144	5146		other funding sources available to the Department of Transportation[, including
5145	5147		2534
5146	5148		money available from the Centennial Highway Fund and the Statewide
5147	5149		2535
5148	5150		Transportation Improvement Plan]:
5149	5151		2536
5150	5152		(i) 5600 West Reconstruction: 4500 South to 7000 South;
5151	5153		2537
5152	5154		(ii) Redwood Road: 12600 South to Bangerter Highway;
5153	5155		2538
5154	5156		(iii) I-15: Beck Street Overpass;
5155	5157		2539
5156	5158		(iv) I-215: 4700 South to SR-201;
5157	5159		2540
5158	5160		(v) acquisition of rights-of-way for the Western Transportation Corridor;
5159	5161		2541
5160	5162		(vi) 11400 South: I-15 to Redwood Road; and
5161	5163		2542
5162	5164		(vii) State Street Reconstruction 6400 South to 7800 South and 8000 South to 9000
5163	5165		2543
5164	5166		South.
5165		-	- 75 - S.B. 195 Enrolled Copy
5166	5167		2544
5167	5168		(3) If any portion of the proceeds of the tax paid to the state are not required to pay
	5169	+	- 75 - 7th Sub. (Buff) S.B. 195 03-06 08:58
5168	5170		2545
5169	5171		principal, interest, and issuance costs of the bonds and the principal, interest, and
5170	5172		2546
5171	5173		issuance costs of the bond have been paid off, or if, after completion of the projects
5172	5174		2547
5173	5175		authorized under Subsection (2)(a) and payment of the costs of issuing and selling the
5174	5176		2548
5175	5177		bonds under Section 63B-11-503, any bond proceeds remain unexpended, the
5176	5178		2549
5177	5179		Department of Transportation may use those unexpended proceeds to pay all or part of
5178	5180		2550
5179	5181		the costs of construction projects in Salt Lake County that have been approved and
5180	5182		2551
5181	5183		prioritized by the Transportation Commission.
5182	5184		2552
5183	5185		(4) The commission, by resolution, or the state treasurer may make any statement of intent
5184	5186		2553
5185	5187		relating to a reimbursement that is necessary or desirable to comply with federal tax law.
5186	5188		2554
5187	5189		(5) The Department of Transportation may enter into agreements related to the projects
5188	5190		2555
5189	5191		before the receipt of proceeds of bonds issued under this chapter.
5190	5192		2556
5191	5193		Section 18. Section 63B-31-101 is amended to read:
5192	5194		2557
5193	5195		63B-31-101 (Effective 05/07/25). General obligation bonds -- Maximum amount
5194	5196		2558
5195	5197		-- Use of proceeds for projects.
5196	5198		2559
5197	5199		(1)(a) Subject to the restriction in Subsection (1)(c), the total amount of bonds issued
5198	5200		2560
5199	5201		under this section may not exceed $264,000,000 for acquisition and construction
5200	5202		2561
5201	5203		proceeds, plus additional amounts as provided in Subsection (1)(b).
5202	5204		2562
5203	5205		(b) When the Department of Transportation certifies to the commission the amount of
5204	5206		2563
5205	5207		bond proceeds needed to provide funding for the projects described in this section,
5206	5208		2564
5207	5209		the commission may issue and sell general obligation bonds in an amount equal to
5208	5210		2565
5209	5211		the certified amount, plus additional amounts necessary to pay costs of issuance, to
5210	5212		2566
5211	5213		pay capitalized interest, and to fund any existing debt service reserve requirements,
5212	5214		2567
5213	5215		not to exceed 1% of the certified amount.
5214	5216		2568
5215	5217		(c) The commission may not issue general obligation bonds authorized under this
5216	5218		2569
5217	5219		section if the issuance of the general obligation bonds would result in the total current
5218	5220		2570
5219	5221		outstanding general obligation debt of the state exceeding 50% of the limitation
5220	5222		2571
5221	5223		described in the Utah Constitution, Article XIV, Section 1.
5222	5224		2572
5223	5225		(2) Proceeds from the bonds issued under this section shall be provided to the Department
5224	5226		2573
5225	5227		of Transportation to pay for, or to provide funds in accordance with this section to pay
5226	5228		2574
5227	5229		for, the costs of right-of-way acquisition, construction, reconstruction, renovations, or
5228	5230		2575
5229	5231		improvements with respect to projects described in this section.
5230	5232		2576
5231	5233		(3) It is the intent of the Legislature that as transportation projects are prioritized under
5232	5234		2577
5233	5235		Section 72-2-124, the Transportation Commission give consideration to projects beyond
5234		-	- 76 - Enrolled Copy S.B. 195
5235	5236		2578
5236	5237		the normal programming horizon.
	5238	+	- 76 - 03-06 08:58 7th Sub. (Buff) S.B. 195
5237	5239		2579
5238	5240		(4)(a) Two hundred thirty-two million dollars of the proceeds of bonds issued under this
5239	5241		2580
5240	5242		section shall be used to double track strategic sections of the FrontRunner commuter
5241	5243		2581
5242	5244		rail system, to be repaid from the Transit Transportation Investment Fund under
5243	5245		2582
5244	5246		Subsection [72-2-124(9)] 72-2-124(10).
5245	5247		2583
5246	5248		(b) The issuance of the bonds for the purpose described in Subsection (4)(a) is
5247	5249		2584
5248	5250		contingent upon the establishment of an agreement between the Department of
5249	5251		2585
5250	5252		Transportation and the Utah Transit Authority whereby the Utah Transit Authority
5251	5253		2586
5252	5254		agrees to pay $5,000,000 per year for 15 years toward repayment of the bonds.
5253	5255		2587
5254	5256		(5)(a) Twenty-nine million dollars of the proceeds of bonds issued under this section
5255	5257		2588
5256	5258		shall be provided to the Department of Transportation to pass through to Brigham
5257	5259		2589
5258	5260		City to be used for a Forest Street rail bridge project in Brigham City.
5259	5261		2590
5260	5262		(b) Payments shall be made from the Rail Transportation Restricted Account created in
5261	5263		2591
5262	5264		Section 72-2-131, from the amount designated under Subsection 72-2-131(4)(c), in
5263	5265		2592
5264	5266		the amount per year of the principal and interest payments due under the bonds
5265	5267		2593
5266	5268		issued under Subsection (5)(a) until those bonds have been repaid in full.
5267	5269		2594
5268	5270		(6)(a) Three million dollars of the proceeds of bonds issued under this section shall be
5269	5271		2595
5270	5272		provided to the Department of Transportation to pass through to the city of North Salt
5271	5273		2596
5272	5274		Lake for an environmental study for a grade separation at 1100 North in North Salt
5273	5275		2597
5274	5276		Lake.
5275	5277		2598
5276	5278		(b) Payments shall be made from the Rail Transportation Restricted Account created in
5277	5279		2599
5278	5280		Section 72-2-131, from the amount designated under Subsection 72-2-131(4)(b), in
5279	5281		2600
5280	5282		the amount per year of the principal and interest payments due under the bonds
5281	5283		2601
5282	5284		issued under Subsection (6)(a) until those bonds have been repaid in full.
5283	5285		2602
5284	5286		(7) The costs under Subsection (2) may include the costs of studies necessary to make
5285	5287		2603
5286	5288		transportation infrastructure improvements, the costs of acquiring land, interests in land,
5287	5289		2604
5288	5290		and easements and rights-of-way, the costs of improving sites and making all
5289	5291		2605
5290	5292		improvements necessary, incidental, or convenient to the facilities, and the costs of
5291	5293		2606
5292	5294		interest estimated to accrue on these bonds during the period to be covered by
5293	5295		2607
5294	5296		construction of the projects plus a period of six months after the end of the construction
5295	5297		2608
5296	5298		period, interest estimated to accrue on any bond anticipation notes issued under the
5297	5299		2609
5298	5300		authority of this title, and all related engineering, architectural, and legal fees.
5299	5301		2610
5300	5302		(8) The commission or the state treasurer may make any statement of intent relating to a
5301	5303		2611
5302	5304		reimbursement that is necessary or desirable to comply with federal tax law.
5303		-	- 77 - S.B. 195 Enrolled Copy
5304	5305		2612
5305	5306		(9) The Department of Transportation may enter into agreements related to the projects
	5307	+	- 77 - 7th Sub. (Buff) S.B. 195 03-06 08:58
5306	5308		2613
5307	5309		described in Subsection (4) before the receipt of proceeds of bonds issued under this
5308	5310		2614
5309	5311		section.
5310	5312		2615
5311	5313		Section 19. Section 63I-1-272 is amended to read:
5312	5314		2616
5313	5315		63I-1-272 (Effective 05/07/25). Repeal dates: Title 72.
5314	5316		2617
5315	5317		(1) Subsection 72-1-217(4), regarding highway reduction strategies within Salt Lake City,
5316	5318		2618
5317	5319		is repealed July 1, 2029.
5318	5320		2619
5319	5321		[(1)] (2) Section 72-2-134, Transportation Infrastructure General Fund Support Subfund, is
5320	5322		2620
5321	5323		repealed July 1, 2027.
5322	5324		2621
5323	5325		[(2)] (3) Title 72, Chapter 4, Part 3, Utah State Scenic Byway Program, is repealed January
5324	5326		2622
5325	5327		2, 2030.
5326	5328		2623
5327	5329		Section 20. Section 63J-3-103 is amended to read:
5328	5330		2624
5329	5331		63J-3-103 (Effective 05/07/25). Definitions.
5330	5332		2625
5331	5333		As used in this chapter:
5332	5334		2626
5333	5335		(1)(a) "Appropriations" means actual unrestricted capital and operating appropriations
5334	5336		2627
5335	5337		from unrestricted General Fund and Income Tax Fund sources.
5336	5338		2628
5337	5339		(b) "Appropriations" includes appropriations that are contingent upon available
5338	5340		2629
5339	5341		surpluses in the General Fund and Income Tax Fund.
5340	5342		2630
5341	5343		(c) "Appropriations" does not mean:
5342	5344		2631
5343	5345		(i) public education expenditures;
5344	5346		2632
5345	5347		(ii) Utah Education and Telehealth Network expenditures in support of public
5346	5348		2633
5347	5349		education;
5348	5350		2634
5349	5351		(iii) Utah Board of Higher Education expenditures in support of public education;
5350	5352		2635
5351	5353		(iv) State Tax Commission expenditures related to collection of income taxes in
5352	5354		2636
5353	5355		support of public education;
5354	5356		2637
5355	5357		(v) debt service expenditures;
5356	5358		2638
5357	5359		(vi) emergency expenditures;
5358	5360		2639
5359	5361		(vii) expenditures from all other fund or subfund sources;
5360	5362		2640
5361	5363		(viii) transfers or appropriations from the Income Tax Fund to the Uniform School
5362	5364		2641
5363	5365		Fund;
5364	5366		2642
5365	5367		(ix) transfers into, or appropriations made to, the General Fund Budget Reserve
5366	5368		2643
5367	5369		Account established in Section 63J-1-312;
5368	5370		2644
5369	5371		(x) transfers into, or appropriations made to, the Income Tax Fund Budget Reserve
5370	5372		2645
5371	5373		Account established in Section 63J-1-313;
5372		-	- 78 - Enrolled Copy S.B. 195
5373	5374		2646
5374	5375		(xi) transfers in accordance with Section 63J-1-314 into, or appropriations made to
	5376	+	- 78 - 03-06 08:58 7th Sub. (Buff) S.B. 195
5375	5377		2647
5376	5378		the Wildland Fire Suppression Fund created in Section 65A-8-204, the
5377	5379		2648
5378	5380		Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund created
5379	5381		2649
5380	5382		in Section 65A-8-215, or the State Disaster Recovery Restricted Account created
5381	5383		2650
5382	5384		in Section 53-2a-603;
5383	5385		2651
5384	5386		(xii) money appropriated to fund the total one-time project costs for the construction
5385	5387		2652
5386	5388		of capital development projects as defined in Section 63A-5b-401;
5387	5389		2653
5388	5390		[(xiii) transfers or deposits into or appropriations made to the Centennial Highway
5389	5391		2654
5390	5392		Fund created by Section 72-2-118;]
5391	5393		2655
5392	5394		[(xiv)] (xiii) transfers or deposits into or appropriations made to the Transportation
5393	5395		2656
5394	5396		Investment Fund of 2005 created by Section 72-2-124;
5395	5397		2657
5396	5398		[(xv)] (xiv) transfers or deposits into or appropriations made to:
5397	5399		2658
5398	5400		(A) the Department of Transportation from any source; or
5399	5401		2659
5400	5402		(B) any transportation-related account or fund from any source; or
5401	5403		2660
5402	5404		[(xvi)] (xv) supplemental appropriations from the General Fund to the Division of
5403	5405		2661
5404	5406		Forestry, Fire, and State Lands to provide money for wildland fire control
5405	5407		2662
5406	5408		expenses incurred during the current or previous fire years.
5407	5409		2663
5408	5410		(2) "Base year real per capita appropriations" means the result obtained for the state by
5409	5411		2664
5410	5412		dividing the fiscal year 1985 actual appropriations of the state less debt money by:
5411	5413		2665
5412	5414		(a) the state's July 1, 1983 population; and
5413	5415		2666
5414	5416		(b) the fiscal year 1983 inflation index divided by 100.
5415	5417		2667
5416	5418		(3) "Calendar year" means the time period beginning on January 1 of any given year and
5417	5419		2668
5418	5420		ending on December 31 of the same year.
5419	5421		2669
5420	5422		(4) "Fiscal emergency" means an extraordinary occurrence requiring immediate
5421	5423		2670
5422	5424		expenditures and includes the settlement under Laws of Utah 1988, Fourth Special
5423	5425		2671
5424	5426		Session, Chapter 4.
5425	5427		2672
5426	5428		(5) "Fiscal year" means the time period beginning on July 1 of any given year and ending
5427	5429		2673
5428	5430		on June 30 of the subsequent year.
5429	5431		2674
5430	5432		(6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual capital
5431	5433		2675
5432	5434		and operations appropriations from General Fund and non-Uniform School Fund income
5433	5435		2676
5434	5436		tax revenue sources, less debt money.
5435	5437		2677
5436	5438		(7) "Inflation index" means the change in the general price level of goods and services as
5437	5439		2678
5438	5440		measured by the Gross National Product Implicit Price Deflator of the Bureau of
5439	5441		2679
5440	5442		Economic Analysis, U.S. Department of Commerce calculated as provided in Section
5441		-	- 79 - S.B. 195 Enrolled Copy
5442	5443		2680
5443	5444		63J-3-202.
	5445	+	- 79 - 7th Sub. (Buff) S.B. 195 03-06 08:58
5444	5446		2681
5445	5447		(8)(a) "Maximum allowable appropriations limit" means the appropriations that could
5446	5448		2682
5447	5449		be, or could have been, spent in any given year under the limitations of this chapter.
5448	5450		2683
5449	5451		(b) "Maximum allowable appropriations limit" does not mean actual appropriations
5450	5452		2684
5451	5453		spent or actual expenditures.
5452	5454		2685
5453	5455		(9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two
5454	5456		2686
5455	5457		fiscal years previous to the fiscal year for which the maximum allowable inflation and
5456	5458		2687
5457	5459		population appropriations limit is being computed under this chapter.
5458	5460		2688
5459	5461		(10) "Most recent fiscal year's population" means the fiscal year population two fiscal years
5460	5462		2689
5461	5463		previous to the fiscal year for which the maximum allowable inflation and population
5462	5464		2690
5463	5465		appropriations limit is being computed under this chapter.
5464	5466		2691
5465	5467		(11) "Population" means the number of residents of the state as of July 1 of each year as
5466	5468		2692
5467	5469		calculated by the Governor's Office of Planning and Budget according to the procedures
5468	5470		2693
5469	5471		and requirements of Section 63J-3-202.
5470	5472		2694
5471	5473		(12) "Revenues" means the revenues of the state from every tax, penalty, receipt, and other
5472	5474		2695
5473	5475		monetary exaction and interest connected with it that are recorded as unrestricted
5474	5476		2696
5475	5477		revenue of the General Fund and from non-Uniform School Fund income tax revenues,
5476	5478		2697
5477	5479		except as specifically exempted by this chapter.
5478	5480		2698
5479	5481		(13) "Security" means any bond, note, warrant, or other evidence of indebtedness, whether
5480	5482		2699
5481	5483		or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an
5482	5484		2700
5483	5485		"indebtedness" within the meaning of any provision of the constitution or laws of this
5484	5486		2701
5485	5487		state.
5486	5488		2702
5487	5489		Section 21. Section 72-1-201 is amended to read:
5488	5490		2703
5489	5491		72-1-201 (Effective 05/07/25). Creation of Department of Transportation --
5490	5492		2704
5491	5493		Functions, powers, duties, rights, and responsibilities.
5492	5494		2705
5493	5495		(1) There is created the Department of Transportation which shall:
5494	5496		2706
5495	5497		(a) have the general responsibility for planning, research, design, construction,
5496	5498		2707
5497	5499		maintenance, security, and safety of state transportation systems;
5498	5500		2708
5499	5501		(b) provide administration for state transportation systems and programs;
5500	5502		2709
5501	5503		(c) implement the transportation policies of the state;
5502	5504		2710
5503	5505		(d) plan, develop, construct, and maintain state transportation systems that are safe,
5504	5506		2711
5505	5507		reliable, environmentally sensitive, and serve the needs of the traveling public,
5506	5508		2712
5507	5509		commerce, and industry;
5508	5510		2713
5509	5511		(e) establish standards and procedures regarding the technical details of administration
5510		-	- 80 - Enrolled Copy S.B. 195
5511	5512		2714
5512	5513		of the state transportation systems as established by statute and administrative rule;
	5514	+	- 80 - 03-06 08:58 7th Sub. (Buff) S.B. 195
5513	5515		2715
5514	5516		(f) advise the governor and the Legislature about state transportation systems needs;
5515	5517		2716
5516	5518		(g) coordinate with utility companies for the reasonable, efficient, and cost-effective
5517	5519		2717
5518	5520		installation, maintenance, operation, relocation, and upgrade of utilities within state
5519	5521		2718
5520	5522		highway rights-of-way;
5521	5523		2719
5522	5524		(h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5523	5525		2720
5524	5526		make rules for the administration of the department, state transportation systems, and
5525	5527		2721
5526	5528		programs;
5527	5529		2722
5528	5530		(i) jointly with the commission annually report to the Transportation Interim Committee,
5529	5531		2723
5530	5532		by November 30 of each year, as to the operation, maintenance, condition, mobility,
5531	5533		2724
5532	5534		safety needs, and wildlife and livestock mitigation for state transportation systems;
5533	5535		2725
5534	5536		(j) ensure that any training or certification required of a public official or public
5535	5537		2726
5536	5538		employee, as those terms are defined in Section 63G-22-102, complies with Title
5537	5539		2727
5538	5540		63G, Chapter 22, State Training and Certification Requirements, if the training or
5539	5541		2728
5540	5542		certification is required:
5541	5543		2729
5542	5544		(i) under this title;
5543	5545		2730
5544	5546		(ii) by the department; or
5545	5547		2731
5546	5548		(iii) by an agency or division within the department;
5547	5549		2732
5548	5550		(k) study and make recommendations to the Legislature on potential managed lane use
5549	5551		2733
5550	5552		and implementation on selected transportation systems within the state;
5551	5553		2734
5552	5554		(l) before July 1 of each year, coordinate with the Utah Highway Patrol Division created
5553	5555		2735
5554	5556		in Section 53-8-103 regarding:
5555	5557		2736
5556	5558		(i) future highway projects that will add additional capacity to the state transportation
5557	5559		2737
5558	5560		system;
5559	5561		2738
5560	5562		(ii) potential changes in law enforcement responsibilities due to future highway
5561	5563		2739
5562	5564		projects; and
5563	5565		2740
5564	5566		(iii) incident management services on state highways; and
5565	5567		2741
5566	5568		(m) provide public transit services, in consultation with any relevant public transit
5567	5569		2742
5568	5570		provider.
5569	5571		2743
5570	5572		(2) For a proposed transportation project that includes a gondola in the Cottonwood
5571	5573		2744
5572	5574		Canyons area of Salt Lake County for which the department has completed an
5573	5575		2745
5574	5576		environmental impact statement, the department may only construct the project in the
5575	5577		2746
5576	5578		phasing sequence as provided in the record of decision associated with the
5577	5579		2747
5578	5580		environmental impact statement.
5579		-	- 81 - S.B. 195 Enrolled Copy
5580	5581		2748
5581	5582		[(2)] (3)(a) The department shall exercise reasonable care in designing, constructing, and
	5583	+	- 81 - 7th Sub. (Buff) S.B. 195 03-06 08:58
5582	5584		2749
5583	5585		maintaining a state highway in a reasonably safe condition for travel.
5584	5586		2750
5585	5587		(b) Nothing in this section shall be construed as:
5586	5588		2751
5587	5589		(i) creating a private right of action; or
5588	5590		2752
5589	5591		(ii) expanding or changing the department's common law duty as described in
5590	5592		2753
5591	5593		Subsection [(2)(a)] (3)(a) for liability purposes.
5592	5594		2754
5593	5595		Section 22. Section 72-1-212 is amended to read:
5594	5596		2755
5595	5597		72-1-212 (Effective 05/07/25). Special use permitting -- Rulemaking.
5596	5598		2756
5597	5599		(1) As used in this section:
5598	5600		2757
5599	5601		(a) "Law enforcement agency" means the same as that term is defined in Section [
5600	5602		2758
5601	5603		53-3-102] 53-1-102.
5602	5604		2759
5603	5605		(b) "Special use permit" means a permit issued:
5604	5606		2760
5605	5607		(i) for a special use or a special event that takes place on a highway; or
5606	5608		2761
5607	5609		(ii) to a law enforcement agency to install an automatic license plate reader on a state
5608	5610		2762
5609	5611		highway for the purpose of capturing license plate data of vehicles traveling on a
5610	5612		2763
5611	5613		state highway, regardless of whether the device is installed on property owned by
5612	5614		2764
5613	5615		the department or the law enforcement agency.
5614	5616		2765
5615	5617		(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in
5616	5618		2766
5617	5619		consultation with representatives of the Utah League of Cities and Towns and the Utah
5618	5620		2767
5619	5621		Association of Counties, the department shall make rules that are not inconsistent with
5620	5622		2768
5621	5623		this chapter or the constitution and laws of this state or of the United States governing
5622	5624		2769
5623	5625		the issuance of a special use permit to maintain public safety and serve the needs of the
5624	5626		2770
5625	5627		traveling public.
5626	5628		2771
5627	5629		(3) The rules described in Subsection (2) may:
5628	5630		2772
5629	5631		(a) establish the highways for which the highest number of special use permits are
5630	5632		2773
5631	5633		issued;
5632	5634		2774
5633	5635		(b) develop, in consultation with municipalities, a limit on the number of special use
5634	5636		2775
5635	5637		permits that may be issued in any calendar year on a particular highway;
5636	5638		2776
5637	5639		(c) require a person to submit an application designated by the department before the
5638	5640		2777
5639	5641		department issues a special use permit;
5640	5642		2778
5641	5643		(d) limit the number of special use permits issued on any one day for any specified
5642	5644		2779
5643	5645		location based on a first-come, first-served basis for completed applications;
5644	5646		2780
5645	5647		(e) establish criteria for evaluating completed applications, such as historic use, potential
5646	5648		2781
5647	5649		economic benefit, or other relevant factors;
5648		-	- 82 - Enrolled Copy S.B. 195
5649	5650		2782
5650	5651		(f) specify conditions that are required to be met before a special use permit may be
	5652	+	- 82 - 03-06 08:58 7th Sub. (Buff) S.B. 195
5651	5653		2783
5652	5654		issued;
5653	5655		2784
5654	5656		(g) establish a penalty for failure to fulfill conditions required by the special use permit,
5655	5657		2785
5656	5658		including suspension of the special use permit or suspension of a future special use
5657	5659		2786
5658	5660		permit;
5659	5661		2787
5660	5662		(h) require an applicant to obtain insurance for certain special uses or special events; or
5661	5663		2788
5662	5664		(i) provide other requirements to maintain public safety and serve the needs of the
5663	5665		2789
5664	5666		traveling public.
5665	5667		2790
5666	5668		(4) The limit on the number of special use permits described in Subsection (3)(b) may not
5667	5669		2791
5668	5670		include:
5669	5671		2792
5670	5672		(a) a special use permit issued for a municipality-sponsored special use or special event
5671	5673		2793
5672	5674		on a highway within the jurisdiction of the municipality; or
5673	5675		2794
5674	5676		(b) a special use permit issued to a law enforcement agency to install a device as part of
5675	5677		2795
5676	5678		an automatic license plate reader system authorized by Section 41-6a-2003.
5677	5679		2796
5678	5680		(5) The rules described in Subsection (2) shall consider:
5679	5681		2797
5680	5682		(a) traveler safety and mobility;
5681	5683		2798
5682	5684		(b) the safety of special use or special event participants;
5683	5685		2799
5684	5686		(c) emergency access;
5685	5687		2800
5686	5688		(d) the mobility of residents close to the event or use;
5687	5689		2801
5688	5690		(e) access and economic impact to businesses affected by changes to the normal
5689	5691		2802
5690	5692		operation of highway traffic;
5691	5693		2803
5692	5694		(f) past performance of an applicant's adherence to special use permit requirements; and
5693	5695		2804
5694	5696		(g) whether a law enforcement agency applying for a special use permit has published a
5695	5697		2805
5696	5698		policy online as required by Section 41-6a-2003.
5697	5699		2806
5698	5700		(6) Notwithstanding any other provision of this chapter, the department may also require a
5699	5701		2807
5700	5702		law enforcement agency applying for a special use permit described in this section to
5701	5703		2808
5702	5704		obtain an encroachment permit.
5703	5705		2809
5704	5706		(7) The department shall adopt a fee schedule in accordance with Section 63J-1-504 that
5705	5707		2810
5706	5708		reflects the cost of services provided by the department associated with special use
5707	5709		2811
5708	5710		permits and with special uses or special events that take place on a highway.
5709	5711		2812
5710	5712		(8) For a device installed in accordance with Section 41-6a-2003, the installation,
5711	5713		2813
5712	5714		maintenance, data collection, and removal are the responsibility of the law enforcement
5713	5715		2814
5714	5716		agency that obtains the special use permit.
5715	5717		2815
5716	5718		(9)(a) The department shall preserve a record of special use permits issued to a law
5717		-	- 83 - S.B. 195 Enrolled Copy
5718	5719		2816
5719	5720		enforcement agency, including the stated purpose for each permit.
	5721	+	- 83 - 7th Sub. (Buff) S.B. 195 03-06 08:58
5720	5722		2817
5721	5723		(b) The department shall preserve a record identified in Subsection (9)(a) for at least five
5722	5724		2818
5723	5725		years.
5724	5726		2819
5725	5727		Section 23. Section 72-1-213.1 is amended to read:
5726	5728		2820
5727	5729		72-1-213.1 (Effective 05/07/25). Road usage charge program.
5728	5730		2821
5729	5731		(1) As used in this section:
5730	5732		2822
5731	5733		(a) "Account manager" means an entity under contract with the department to administer
5732	5734		2823
5733	5735		and manage the road usage charge program.
5734	5736		2824
5735	5737		(b) "Alternative fuel vehicle" means:
5736	5738		2825
5737	5739		(i) an electric motor vehicle as defined in Section 41-1a-102; or
5738	5740		2826
5739	5741		(ii) a motor vehicle powered exclusively by a fuel other than:
5740	5742		2827
5741	5743		(A) motor fuel;
5742	5744		2828
5743	5745		(B) diesel fuel;
5744	5746		2829
5745	5747		(C) natural gas; or
5746	5748		2830
5747	5749		(D) propane.
5748	5750		2831
5749	5751		(c) "Payment period" means the interval during which an owner is required to report
5750	5752		2832
5751	5753		mileage and pay the appropriate road usage charge according to the terms of the
5752	5754		2833
5753	5755		program.
5754	5756		2834
5755	5757		(d) "Program" means the road usage charge program established and described in this
5756	5758		2835
5757	5759		section.
5758	5760		2836
5759	5761		(e) "Road usage charge cap" means the maximum fee charged to a participant in the
5760	5762		2837
5761	5763		program for a registration period.
5762	5764		2838
5763	5765		(f) "Road usage charge rate" means the per-mile usage fee charged to a participant in the
5764	5766		2839
5765	5767		program.
5766	5768		2840
5767	5769		(2) There is established a road usage charge program as described in this section.
5768	5770		2841
5769	5771		(3)(a) The department shall implement and oversee the administration of the program,
5770	5772		2842
5771	5773		which shall begin on January 1, 2020.
5772	5774		2843
5773	5775		(b) To implement and administer the program, the department may contract with an
5774	5776		2844
5775	5777		account manager.
5776	5778		2845
5777	5779		(4)(a) The owner or lessee of an alternative fuel vehicle may apply for enrollment of the
5778	5780		2846
5779	5781		alternative fuel vehicle in the program.
5780	5782		2847
5781	5783		(b) If an application for enrollment into the program is approved by the department, the
5782	5784		2848
5783	5785		owner or lessee of an alternative fuel vehicle may participate in the program in lieu of
5784	5786		2849
5785	5787		paying the fee described in Subsection 41-1a-1206(1)(h) or (2)(b).
5786		-	- 84 - Enrolled Copy S.B. 195
5787	5788		2850
5788	5789		(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
	5790	+	- 84 - 03-06 08:58 7th Sub. (Buff) S.B. 195
5789	5791		2851
5790	5792		consistent with this section, the department:
5791	5793		2852
5792	5794		(a) shall make rules to establish:
5793	5795		2853
5794	5796		(i) processes and terms for enrollment into and withdrawal or removal from the
5795	5797		2854
5796	5798		program;
5797	5799		2855
5798	5800		(ii) payment periods and other payment methods and procedures for the program;
5799	5801		2856
5800	5802		(iii) standards for mileage reporting mechanisms for an owner or lessee of an
5801	5803		2857
5802	5804		alternative fuel vehicle to report mileage as part of participation in the program;
5803	5805		2858
5804	5806		(iv) standards for program functions for mileage recording, payment processing,
5805	5807		2859
5806	5808		account management, and other similar aspects of the program;
5807	5809		2860
5808	5810		(v) contractual terms between an owner or lessee of an alternative fuel vehicle owner
5809	5811		2861
5810	5812		and an account manager for participation in the program;
5811	5813		2862
5812	5814		(vi) contractual terms between the department and an account manager, including
5813	5815		2863
5814	5816		authority for an account manager to enforce the terms of the program;
5815	5817		2864
5816	5818		(vii) procedures to provide security and protection of personal information and data
5817	5819		2865
5818	5820		connected to the program, and penalties for account managers for violating
5819	5821		2866
5820	5822		privacy protection rules;
5821	5823		2867
5822	5824		(viii) penalty procedures for a program participant's failure to pay a road usage
5823	5825		2868
5824	5826		charge or tampering with a device necessary for the program; and
5825	5827		2869
5826	5828		(ix) department oversight of an account manager, including privacy protection of
5827	5829		2870
5828	5830		personal information and access and auditing capability of financial and other
5829	5831		2871
5830	5832		records related to administration of the program; and
5831	5833		2872
5832	5834		(b) may make rules to establish:
5833	5835		2873
5834	5836		(i) an enrollment cap for certain alternative fuel vehicle types to participate in the
5835	5837		2874
5836	5838		program;
5837	5839		2875
5838	5840		(ii) a process for collection of an unpaid road usage charge or penalty; or
5839	5841		2876
5840	5842		(iii) integration of the program with other similar programs, such as tolling.
5841	5843		2877
5842	5844		(6) Revenue generated by the road usage charge program and relevant penalties shall be
5843	5845		2878
5844	5846		deposited into the Road Usage Charge Program Special Revenue Fund.
5845	5847		2879
5846	5848		(7)(a) The department may:
5847	5849		2880
5848	5850		(i)(A) impose a penalty for failure to timely pay a road usage charge according to
5849	5851		2881
5850	5852		the terms of the program or tampering with a device necessary for the program;
5851	5853		2882
5852	5854		and
5853	5855		2883
5854	5856		(B) request that the Division of Motor Vehicles place a hold on the registration of
5855		-	- 85 - S.B. 195 Enrolled Copy
5856	5857		2884
5857	5858		the owner's or lessee's alternative fuel vehicle for failure to pay a road usage
	5859	+	- 85 - 7th Sub. (Buff) S.B. 195 03-06 08:58
5858	5860		2885
5859	5861		charge or penalty according to the terms of the program;
5860	5862		2886
5861	5863		(ii) send correspondence to the owner of an alternative fuel vehicle to inform the
5862	5864		2887
5863	5865		owner or lessee of:
5864	5866		2888
5865	5867		(A) the road usage charge program, implementation, and procedures;
5866	5868		2889
5867	5869		(B) an unpaid road usage charge and the amount of the road usage charge to be
5868	5870		2890
5869	5871		paid to the department;
5870	5872		2891
5871	5873		(C) the penalty for failure to pay a road usage charge within the time period
5872	5874		2892
5873	5875		described in Subsection (7)(a)(iii); and
5874	5876		2893
5875	5877		(D) a hold being placed on the owner's or lessee's registration for the alternative
5876	5878		2894
5877	5879		fuel vehicle, if the road usage charge and penalty are not paid within the time
5878	5880		2895
5879	5881		period described in Subsection (7)(a)(iii), which would prevent the renewal of
5880	5882		2896
5881	5883		the alternative fuel vehicle's registration; and
5882	5884		2897
5883	5885		(iii) require that the owner or lessee of the alternative fuel vehicle pay the road usage
5884	5886		2898
5885	5887		charge to the department within 30 days of the date when the department sends
5886	5888		2899
5887	5889		written notice of the road usage charge to the owner or lessee.
5888	5890		2900
5889	5891		(b) The department shall send the correspondence and notice described in Subsection (7)
5890	5892		2901
5891	5893		(a) to the owner of the alternative fuel vehicle according to the terms of the program.
5892	5894		2902
5893	5895		(8)(a) The Division of Motor Vehicles and the department shall share and provide access
5894	5896		2903
5895	5897		to information pertaining to an alternative fuel vehicle and participation in the
5896	5898		2904
5897	5899		program including:
5898	5900		2905
5899	5901		(i) registration and ownership information pertaining to an alternative fuel vehicle;
5900	5902		2906
5901	5903		(ii) information regarding the failure of an alternative fuel vehicle owner or lessee to
5902	5904		2907
5903	5905		pay a road usage charge or penalty imposed under this section within the time
5904	5906		2908
5905	5907		period described in Subsection (7)(a)(iii); and
5906	5908		2909
5907	5909		(iii) the status of a request for a hold on the registration of an alternative fuel vehicle.
5908	5910		2910
5909	5911		(b) If the department requests a hold on the registration in accordance with this section,
5910	5912		2911
5911	5913		the Division of Motor Vehicles may not renew the registration of a motor vehicle
5912	5914		2912
5913	5915		under Title 41, Chapter 1a, Part 2, Registration, until the department withdraws the
5914	5916		2913
5915	5917		hold request.
5916	5918		2914
5917	5919		(9) The owner of an alternative fuel vehicle may apply for enrollment in the program or
5918	5920		2915
5919	5921		withdraw from the program according to the terms established by the department
5920	5922		2916
5921	5923		pursuant to rules made under Subsection (5).
5922	5924		2917
5923	5925		(10) If enrolled in the program, the owner or lessee of an alternative fuel vehicle shall:
5924		-	- 86 - Enrolled Copy S.B. 195
5925	5926		2918
5926	5927		(a) report mileage driven as required by the department pursuant to Subsection (5);
	5928	+	- 86 - 03-06 08:58 7th Sub. (Buff) S.B. 195
5927	5929		2919
5928	5930		(b) pay the road usage fee for each payment period in accordance with Subsection (5);
5929	5931		2920
5930	5932		and
5931	5933		2921
5932	5934		(c) comply with all other provisions of this section and other requirements of the
5933	5935		2922
5934	5936		program.
5935	5937		2923
5936	5938		(11) The department shall submit annually, on or before October 1, to the Transportation
5937	5939		2924
5938	5940		Interim Committee, an electronic report that:
5939	5941		2925
5940	5942		(a) states for the preceding fiscal year:
5941	5943		2926
5942	5944		(i) the amount of revenue collected from the program;
5943	5945		2927
5944	5946		(ii) the participation rate in the program; and
5945	5947		2928
5946	5948		(iii) the department's costs to administer the program; and
5947	5949		2929
5948	5950		(b) provides for the current fiscal year, an estimate of:
5949	5951		2930
5950	5952		(i) the revenue that will be collected from the program;
5951	5953		2931
5952	5954		(ii) the participation rate in the program; and
5953	5955		2932
5954	5956		(iii) the department's costs to administer the program.
5955	5957		2933
5956	5958		(12)(a) Beginning on January 1, 2023:
5957	5959		2934
5958	5960		(i) the road usage charge rate is 1.0 cent per mile; and
5959	5961		2935
5960	5962		(ii) the road usage charge cap is:
5961	5963		2936
5962	5964		(A) $130.25 for an annual registration period; and
5963	5965		2937
5964	5966		(B) $100.75 for a six-month registration period.
5965	5967		2938
5966	5968		(b) Beginning on January 1, 2026:
5967	5969		2939
5968	5970		(i) the road usage charge rate is 1.25 cents per mile; and
5969	5971		2940
5970	5972		(ii) the road usage charge cap is:
5971	5973		2941
5972	5974		(A) $180 for an annual registration period; and
5973	5975		2942
5974	5976		(B) $139 for a six-month registration period.
5975	5977		2943
5976	5978		(c) Beginning on January 1, 2032:
5977	5979		2944
5978	5980		(i) the road usage charge rate is 1.5 cents per mile, unless the commission establishes
5979	5981		2945
5980	5982		a different road usage charge rate in accordance with Subsection (13); and
5981	5983		2946
5982	5984		(ii) the road usage charge cap is:
5983	5985		2947
5984	5986		(A) $240 for an annual registration period; and
5985	5987		2948
5986	5988		(B) $185 for a six-month registration period.
5987	5989		2949
5988	5990		(d) Beginning in 2024, the department shall, on January 1, annually adjust the road
5989	5991		2950
5990	5992		usage charge rates described in this Subsection (12) by taking the road usage charge
5991	5993		2951
5992	5994		rate for the previous year and adding an amount equal to the greater of:
5993		-	- 87 - S.B. 195 Enrolled Copy
5994	5995		2952
5995	5996		(i) an amount calculated by multiplying the road usage charge rate of the previous
	5997	+	- 87 - 7th Sub. (Buff) S.B. 195 03-06 08:58
5996	5998		2953
5997	5999		year by the actual percentage change during the previous fiscal year in the
5998	6000		2954
5999	6001		Consumer Price Index as determined by the State Tax Commission; and
6000	6002		2955
6001	6003		(ii) 0.
6002	6004		2956
6003	6005		(e) Beginning in 2024, the State Tax Commission shall, on January 1, annually adjust
6004	6006		2957
6005	6007		the road usage charge caps described in this Subsection (12) by taking the road usage
6006	6008		2958
6007	6009		charge cap for the previous year and adding an amount equal to the greater of:
6008	6010		2959
6009	6011		(i) an amount calculated by multiplying the road usage charge cap of the previous
6010	6012		2960
6011	6013		year by the actual percentage change during the previous fiscal year in the
6012	6014		2961
6013	6015		Consumer Price Index; and
6014	6016		2962
6015	6017		(ii) 0.
6016	6018		2963
6017	6019		(f) The amounts calculated as described in Subsection (12)(d) shall be rounded up to the
6018	6020		2964
6019	6021		nearest .01 cent.
6020	6022		2965
6021	6023		(g) The amounts calculated as described in Subsection (12)(e) shall be rounded up to the
6022	6024		2966
6023	6025		nearest 25 cents.
6024	6026		2967
6025	6027		(h) On or before January 1 of each year, the department shall publish:
6026	6028		2968
6027	6029		(i) the adjusted road usage charge rate described in Subsection (12)(d); and
6028	6030		2969
6029	6031		(ii) adjusted road usage charge cap described in Subsection (12)(e).
6030	6032		2970
6031	6033		(13)(a) Beginning January 1, 2032, the commission may establish by rule made in
6032	6034		2971
6033	6035		accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the road
6034	6036		2972
6035	6037		usage charge rate for each type of alternative fuel vehicle.
6036	6038		2973
6037	6039		(b)(i) Before making rules in accordance with Subsection (13)(a), the commission
6038	6040		2974
6039	6041		shall consult with the department regarding the road usage charge rate for each
6040	6042		2975
6041	6043		type of alternative fuel vehicle.
6042	6044		2976
6043	6045		(ii) The department shall cooperate with and make recommendations to the
6044	6046		2977
6045	6047		commission regarding the road usage charge rate for each type of alternative fuel
6046	6048		2978
6047	6049		vehicle.
6048	6050		2979
6049	6051		Section 24. Section 72-1-217 is amended to read:
6050	6052		2980
6051	6053		72-1-217 (Effective upon governor's approval). Department of Transportation
6052	6054		2981
6053	6055		study items.
6054	6056		2982
6055	6057		(1) The department shall carry out transportation studies described in this section as
6056	6058		2983
6057	6059		resources allow.
6058	6060		2984
6059	6061		(2)(a) The department shall study items related to advanced air mobility as described in
6060	6062		2985
6061	6063		this Subsection (2).
6062		-	- 88 - Enrolled Copy S.B. 195
6063	6064		2986
6064	6065		(b) The department shall study vertiport locations and infrastructure, including:
	6066	+	- 88 - 03-06 08:58 7th Sub. (Buff) S.B. 195
6065	6067		2987
6066	6068		(i) identification of suitable locations for vertiport infrastructure and parking
6067	6069		2988
6068	6070		infrastructure for vertiports in metropolitan areas;
6069	6071		2989
6070	6072		(ii) identification of commuter rail stations that may be suitable for vertiport
6071	6073		2990
6072	6074		placement; and
6073	6075		2991
6074	6076		(iii) identification of underutilized parking lots and parking structures for vertiport
6075	6077		2992
6076	6078		infrastructure placement.
6077	6079		2993
6078	6080		(c) The department shall study best practices and implementation of advanced air
6079	6081		2994
6080	6082		mobility technologies, including:
6081	6083		2995
6082	6084		(i) seeking input through community engagement;
6083	6085		2996
6084	6086		(ii) state and local regulations;
6085	6087		2997
6086	6088		(iii) unmanned aircraft system traffic management; and
6087	6089		2998
6088	6090		(iv) weather reporting and monitoring for advanced air mobility safety.
6089	6091		2999
6090	6092		(d) The department shall study unmanned aircraft traffic management infrastructure,
6091	6093		3000
6092	6094		including:
6093	6095		3001
6094	6096		(i) unmanned aircraft system traffic management development, implementation,
6095	6097		3002
6096	6098		procedures, policies, and infrastructure; and
6097	6099		3003
6098	6100		(ii) obtaining a full understanding of unmanned aircraft system traffic management,
6099	6101		3004
6100	6102		including:
6101	6103		3005
6102	6104		(A) designation of airspace for advanced air mobility;
6103	6105		3006
6104	6106		(B) creation of geographic categorical areas;
6105	6107		3007
6106	6108		(C) identifying the appropriate number and location of advanced air mobility
6107	6109		3008
6108	6110		sensors; and
6109	6111		3009
6110	6112		(D) other state specific details regarding unmanned aircraft system traffic
6111	6113		3010
6112	6114		management.
6113	6115		3011
6114	6116		(e) The department shall study the creation of an advanced air mobility sandbox,
6115	6117		3012
6116	6118		including:
6117	6119		3013
6118	6120		(i) potential locations for the sandbox testing area and desirable attributes of a
6119	6121		3014
6120	6122		suitable sandbox location;
6121	6123		3015
6122	6124		(ii) requirements to create a geographical advanced air mobility testing area and the
6123	6125		3016
6124	6126		parameters for the types of technology that may be utilized in the testing area; and
6125	6127		3017
6126	6128		(iii) testing and studying different types of advanced air mobility transportation of
6127	6129		3018
6128	6130		manned and unmanned aerial vehicles, including:
6129	6131		3019
6130	6132		(A) aerial vehicle size;
6131		-	- 89 - S.B. 195 Enrolled Copy
6132	6133		3020
6133	6134		(B) aerial vehicles that carry cargo, including medical cargo;
	6135	+	- 89 - 7th Sub. (Buff) S.B. 195 03-06 08:58
6134	6136		3021
6135	6137		(C) commercial aerial vehicles; and
6136	6138		3022
6137	6139		(D) public transportation aerial vehicles.
6138	6140		3023
6139	6141		(f) On or before September 30, 2023, the department shall provide a report to the
6140	6142		3024
6141	6143		Transportation Interim Committee of the department's findings from the study items
6142	6144		3025
6143	6145		described in Subsections (2)(b) through (2)(e).
6144	6146		3026
6145	6147		(g) The department may only use existing funds to cover the expenses incurred from the
6146	6148		3027
6147	6149		study of items described in Subsections (2)(b) through (2)(e).
6148	6150		3028
6149	6151		(3)(a) The department and a large public transit district shall jointly study programs
6150	6152		3029
6151	6153		offered by government entities related to human services transportation, including:
6152	6154		3030
6153	6155		(i) coordinated mobility services;
6154	6156		3031
6155	6157		(ii) paratransit services;
6156	6158		3032
6157	6159		(iii) nonemergency medical transportation;
6158	6160		3033
6159	6161		(iv) youth transportation programs, excluding school bus transportation; and
6160	6162		3034
6161	6163		(v) other similar fare-based or fee-based programs provided or coordinated within the
6162	6164		3035
6163	6165		boundary of the large public transit district, including those involving the
6164	6166		3036
6165	6167		department, a large public transit district, local governments, or other government
6166	6168		3037
6167	6169		agencies and nonprofit entities that provide similar services.
6168	6170		3038
6169	6171		(b) The study shall evaluate strategies to consolidate the transportation services
6170	6172		3039
6171	6173		described in Subsection (3)(a) to improve efficiency and service.
6172	6174		3040
6173	6175		(c) The department and large public transit district shall:
6174	6176		3041
6175	6177		(i) provide a preliminary report on the study to the Transportation Interim Committee
6176	6178		3042
6177	6179		on or before November 1, 2025; and
6178	6180		3043
6179	6181		(ii) prepare and present recommendations to the Transportation Interim Committee
6180	6182		3044
6181	6183		on or before November 1, 2026, for the consolidation of the services described in
6182	6184		3045
6183	6185		Subsection (3)(a).
6184	6186		3046
6185	6187		(4)(a) As used in this Subsection (4):
6186	6188		3047
6187	6189		(i) "City" means Salt Lake City.
6188	6190		3048
6189	6191		(ii) "Highway reduction strategy" means any strategy that has the potential to
6190	6192		3049
6191	6193		permanently decrease the number of vehicles that can travel on an arterial or a
6192	6194		3050
6193	6195		collector highway per hour, including:
6194	6196		3051
6195	6197		(A) reducing the number of motorized vehicle travel lanes on an arterial or
6196	6198		3052
6197	6199		collector highway;
6198	6200		3053
6199	6201		(B) narrowing existing motorized vehicle travel lanes on an arterial or collector
6200		-	- 90 - Enrolled Copy S.B. 195
6201	6202		3054
6202	6203		highway; or
	6204	+	- 90 - 03-06 08:58 7th Sub. (Buff) S.B. 195
6203	6205		3055
6204	6206		(C) any other strategy that when implemented may increase congestion or impede
6205	6207		3056
6206	6208		traffic flow for motor vehicles driving on an arterial or collector highway.
6207	6209		3057
6208	6210		(iii) "Mobility and environmental impact analysis" means a study that assesses the
6209	6211		3058
6210	6212		impacts within the study area of implementing a highway reduction strategy on
6211	6213		3059
6212	6214		arterial or collector highways, including the impacts to other state and local
6213	6215		3060
6214	6216		highways, mobility, traffic flow, pedestrian and nonmotorized vehicle flow, the
6215	6217		3061
6216	6218		economy, public health, quality of life, air quality, maintenance, and operations.
6217	6219		3062
6218	6220		(iv) "Study area" means the area within Salt Lake City that is west of Foothill Drive,
6219	6221		3063
6220	6222		north of 2100 South, east of I-15, and south of 600 North.
6221	6223		3064
6222	6224		(b)(i) Except as described in Subsection (4)(c), a city may not implement or begin a
6223	6225		3065
6224	6226		project as part of a highway reduction strategy on an arterial or a collector
6225	6227		3066
6226	6228		highway within the study area unless the project is part of a mobility plan
6227	6229		3067
6228	6230		approved by the department as described in this Subsection (4)(b).
6229	6231		3068
6230	6232		(ii) For a mobility plan described under Subsection (4)(b)(i), the city shall:
6231	6233		3069
6232	6234		(A) assess the alternate routes for traffic and impacts on surrounding highways
6233	6235		3070
6234	6236		due to any lane reduction;
6235	6237		3071
6236	6238		(B) evaluate impacts to vehicle trip time;
6237	6239		3072
6238	6240		(C) evaluate impacts to air quality;
6239	6241		3073
6240	6242		(D) evaluate the cumulative multimodal and safety impact of the proposed
6241	6243		3074
6242	6244		highway reduction strategies, including the cumulative impact from previous
6243	6245		3075
6244	6246		highway reduction strategies implemented over the previous five years;
6245	6247		3076
6246	6248		(E) provide options to mitigate negative impacts to vehicle traffic, vehicle trip
6247	6249		3077
6248	6250		time, air quality, or adjacent travel routes;
6249	6251		3078
6250	6252		(F) in collaboration with the department, assess impacts to state highways;
6251	6253		3079
6252	6254		(G) proactively seek out and consult with relevant stakeholders, including
6253	6255		3080
6254	6256		business owners, commuters, and residents impacted by the mobility plan and
6255	6257		3081
6256	6258		each proposed project within the mobility plan;
6257	6259		3082
6258	6260		(H) present the plan in an open and public meeting, including public comment;
6259	6261		3083
6260	6262		(I) provide an open house or other event to allow public interaction and feedback
6261	6263		3084
6262	6264		regarding the impacts of the mobility plan;
6263	6265		3085
6264	6266		(J) present the plan to the membership of the city's chamber of commerce and
6265	6267		3086
6266	6268		other business groups; and
6267	6269		3087
6268	6270		(K) provide the plan to the department for the department's review.
6269		-	- 91 - S.B. 195 Enrolled Copy
6270	6271		3088
6271	6272		(iii)(A) After the department receives a complete mobility plan as described in
	6273	+	- 91 - 7th Sub. (Buff) S.B. 195 03-06 08:58
6272	6274		3089
6273	6275		Subsection (4)(b)(ii), the department shall determine if the mobility plan and
6274	6276		3090
6275	6277		each project included in the mobility plan meet the requirements of this section
6276	6278		3091
6277	6279		and shall approve or reject the plan within two months of receiving the
6278	6280		3092
6279	6281		mobility plan.
6280	6282		3093
6281	6283		(B) As part of the mobility plan, the city shall demonstrate to the department the
6282	6284		3094
6283	6285		manners in which the city involved and received input from the business
6284	6286		3095
6285	6287		community, the public, and other stakeholders as required in Subsection
6286	6288		3096
6287	6289		(4)(b)(ii).
6288	6290		3097
6289	6291		(c)(i) The city may begin or continue construction on an arterial or collector highway
6290	6292		3098
6291	6293		project related to any reduction strategy within the study area if the project has
6292	6294		3099
6293	6295		been advertised on or before February 25, 2025.
6294	6296		3100
6295	6297		(ii)(A) For a project related to any highway reduction strategy that was
6296	6298		3101
6297	6299		programmed by the department on or before July 1, 2024, but has not been
6298	6300		3102
6299	6301		advertised on or before February 25, 2025, the department may conduct an
6300	6302		3103
6301	6303		expedited review of the project.
6302	6304		3104
6303	6305		(B) If the department approves a project after an expedited review as described in
6304	6306		3105
6305	6307		Subsection (4)(c)(ii)(A), the city may begin or continue construction on the
6306	6308		3106
6307	6309		project.
6308	6310		3107
6309	6311		(d) The department shall, in partnership with the city, conduct a mobility and
6310	6312		3108
6311	6313		environmental impact analysis to determine the impacts of highway reduction
6312	6314		3109
6313	6315		strategies within the study area that the city has implemented on or after July 1, 2015,
6314	6316		3110
6315	6317		or has plans to implement on or before July 1, 2035.
6316	6318		3111
6317	6319		(e) As part of the mobility and environmental impact analysis, the department shall:
6318	6320		3112
6319	6321		(i) assess the cumulative impact of each highway reduction strategy within the study
6320	6322		3113
6321	6323		area that the city has implemented or has plans to implement between July 1,
6322	6324		3114
6323	6325		2015, and July 1, 2035; and
6324	6326		3115
6325	6327		(ii) consult with relevant stakeholders, including business owners, commuters, and
6326	6328		3116
6327	6329		residents impacted by the highway reduction strategy.
6328	6330		3117
6329	6331		(f) A city subject to a mobility and environmental impact analysis under this Subsection
6330	6332		3118
6331	6333		(4) shall provide to the department any information the department determines
6332	6334		3119
6333	6335		necessary for conducting the mobility and environmental impact analysis, including
6334	6336		3120
6335	6337		any plans that city has adopted or discussed with regards to a highway reduction
6336	6338		3121
6337	6339		strategy.
6338		-	- 92 - Enrolled Copy S.B. 195
6339	6340		3122
6340	6341		(g)(i) The department shall provide the mobility and environmental impact analysis
	6342	+	- 92 - 03-06 08:58 7th Sub. (Buff) S.B. 195
6341	6343		3123
6342	6344		to the Transportation Interim Committee on or before October 15, 2025.
6343	6345		3124
6344	6346		(ii) The city shall provide a response to the mobility and environmental impact
6345	6347		3125
6346	6348		analysis to the Transportation Interim Committee on or before November 1, 2025.
6347	6349		3126
6348	6350		(h)(i) As provided in Section 63I-1-272, this Subsection (4) is subject to a sunset
6349	6351		3127
6350	6352		review by the Transportation Interim Committee during the 2028 interim.
6351	6353		3128
6352	6354		(ii) The Transportation Interim Committee may also evaluate the mobility plan
6353	6355		3129
6354	6356		process described in this Subsection (4) during the 2027 interim.
6355	6357		3130
6356	6358		Section 25. Section 72-1-303 is amended to read:
6357	6359		3131
6358	6360		72-1-303 (Effective 05/07/25). Duties of commission.
6359	6361		3132
6360	6362		(1) The commission has the following duties:
6361	6363		3133
6362	6364		(a) determining priorities and funding levels of projects and programs in the state
6363	6365		3134
6364	6366		transportation systems and the capital development of new public transit facilities for
6365	6367		3135
6366	6368		each fiscal year based on project lists compiled by the department and taking into
6367	6369		3136
6368	6370		consideration the strategic initiatives described in Section 72-1-211;
6369	6371		3137
6370	6372		(b) determining additions and deletions to state highways under Chapter 4, Designation
6371	6373		3138
6372	6374		of State Highways Act;
6373	6375		3139
6374	6376		(c) holding public meetings and otherwise providing for public input in transportation
6375	6377		3140
6376	6378		matters;
6377	6379		3141
6378	6380		(d) making policies and rules in accordance with Title 63G, Chapter 3, Utah
6379	6381		3142
6380	6382		Administrative Rulemaking Act, necessary to perform the commission's duties
6381	6383		3143
6382	6384		described under this section;
6383	6385		3144
6384	6386		(e) in accordance with Section 63G-4-301, reviewing orders issued by the executive
6385	6387		3145
6386	6388		director in adjudicative proceedings held in accordance with Title 63G, Chapter 4,
6387	6389		3146
6388	6390		Administrative Procedures Act;
6389	6391		3147
6390	6392		(f) advising the department on state transportation systems policy;
6391	6393		3148
6392	6394		(g) approving settlement agreements of condemnation cases subject to Section
6393	6395		3149
6394	6396		63G-10-401;
6395	6397		3150
6396	6398		(h) in accordance with Section 17B-2a-807, appointing a commissioner to serve as a
6397	6399		3151
6398	6400		nonvoting member or a voting member on the board of trustees of a public transit
6399	6401		3152
6400	6402		district;
6401	6403		3153
6402	6404		(i) in accordance with Section 17B-2a-808, reviewing, at least annually, the short-term
6403	6405		3154
6404	6406		and long-range public transit plans;
6405	6407		3155
6406	6408		(j) determining the priorities and funding levels of public transit innovation grants, as
6407		-	- 93 - S.B. 195 Enrolled Copy
6408	6409		3156
6409	6410		defined in Section 72-2-401; and
	6411	+	- 93 - 7th Sub. (Buff) S.B. 195 03-06 08:58
6410	6412		3157
6411	6413		(k) reviewing administrative rules made, substantively amended, or repealed by the
6412	6414		3158
6413	6415		department.
6414	6416		3159
6415	6417		(2)(a) For projects prioritized with funding provided under Sections 72-2-124 and
6416	6418		3160
6417	6419		72-2-125, the commission shall annually report to[ a committee designated by the
6418	6420		3161
6419	6421		Legislative Management Committee] the Transportation and Infrastructure
6420	6422		3162
6421	6423		Appropriations Subcommittee:
6422	6424		3163
6423	6425		(i) a prioritized list of the new transportation capacity projects in the state
6424	6426		3164
6425	6427		transportation system and the funding levels available for those projects; and
6426	6428		3165
6427	6429		(ii) the unfunded highway construction and maintenance needs within the state.
6428	6430		3166
6429	6431		(b) The [committee designated by the Legislative Management Committee under
6430	6432		3167
6431	6433		Subsection (2)(a)] Transportation and Infrastructure Appropriations Subcommittee
6432	6434		3168
6433	6435		shall:
6434	6436		3169
6435	6437		(i) review the list reported by the Transportation Commission; and
6436	6438		3170
6437	6439		(ii) make a recommendation to the Legislature on:
6438	6440		3171
6439	6441		(A) the amount of additional funding to allocate to transportation; and
6440	6442		3172
6441	6443		(B) the source of revenue for the additional funding allocation under Subsection
6442	6444		3173
6443	6445		(2)(b)(ii)(A).
6444	6446		3174
6445	6447		(3) The commission shall review and may approve plans for the construction of a highway
6446	6448		3175
6447	6449		facility over sovereign lakebed lands in accordance with Chapter 6, Part 3, Approval of
6448	6450		3176
6449	6451		Highway Facilities on Sovereign Lands Act.
6450	6452		3177
6451	6453		(4) One or more associations representing airport operators or pilots in the state shall
6452	6454		3178
6453	6455		annually report to the commission recommended airport improvement projects and any
6454	6456		3179
6455	6457		other information related to the associations' expertise and relevant to the commission's
6456	6458		3180
6457	6459		duties.
6458	6460		3181
6459	6461		Section 26. Section 72-1-304 is amended to read:
6460	6462		3182
6461	6463		72-1-304 (Effective 05/07/25). Written project prioritization process for new
6462	6464		3183
6463	6465		transportation capacity projects -- Rulemaking.
6464	6466		3184
6465	6467		(1)(a) The Transportation Commission, in consultation with the department and the
6466	6468		3185
6467	6469		metropolitan planning organizations as defined in Section 72-1-208.5, shall develop a
6468	6470		3186
6469	6471		written prioritization process for the prioritization of:
6470	6472		3187
6471	6473		(i) new transportation capacity projects that are or will be part of the state highway
6472	6474		3188
6473	6475		system under Chapter 4, Part 1, State Highways;
6474	6476		3189
6475	6477		(ii) paved pedestrian or paved nonmotorized transportation projects described in
6476		-	- 94 - Enrolled Copy S.B. 195
6477	6478		3190
6478	6479		Section 72-2-124;
	6480	+	- 94 - 03-06 08:58 7th Sub. (Buff) S.B. 195
6479	6481		3191
6480	6482		(iii) public transit projects that directly add capacity to the public transit systems
6481	6483		3192
6482	6484		within the state, not including facilities ancillary to the public transit system; and
6483	6485		3193
6484	6486		(iv) pedestrian or nonmotorized transportation projects that provide connection to a
6485	6487		3194
6486	6488		public transit system.
6487	6489		3195
6488	6490		(b)(i) A local government or public transit district may nominate a project for
6489	6491		3196
6490	6492		prioritization in accordance with the process established by the commission in rule.
6491	6493		3197
6492	6494		(ii) If a local government or public transit district nominates a project for
6493	6495		3198
6494	6496		prioritization by the commission, the local government or public transit district
6495	6497		3199
6496	6498		shall provide data and evidence to show that:
6497	6499		3200
6498	6500		(A) the project will advance the purposes and goals described in Section 72-1-211;
6499	6501		3201
6500	6502		(B) for a public transit project, the local government or public transit district has
6501	6503		3202
6502	6504		an ongoing funding source for operations and maintenance of the proposed
6503	6505		3203
6504	6506		development; and
6505	6507		3204
6506	6508		(C) the local government or public transit district will provide the percentage of
6507	6509		3205
6508	6510		the costs for the project as required by Subsection 72-2-124(4)(a)(viii) or [
6509	6511		3206
6510	6512		72-2-124(9)(e)] 72-2-124(10)(e).
6511	6513		3207
6512		-	(2) The following shall be included in the written prioritization process under Subsection ~~(1):~~
	6514	+	(2) The following shall be included in the written prioritization process under Subsection
6513	6515		3208
	6516	+	(1):
	6517	+	3209
6514	6518		(a) a description of how the strategic initiatives of the department adopted under Section
6515		-	~~3209~~
	6519	+	3210
6516	6520		72-1-211 are advanced by the written prioritization process;
6517		-	~~3210~~
	6521	+	3211
6518	6522		(b) a definition of the type of projects to which the written prioritization process applies;
6519		-	~~3211~~
	6523	+	3212
6520	6524		(c) specification of a weighted criteria system that is used to rank proposed projects and
6521		-	~~3212~~
	6525	+	3213
6522	6526		how it will be used to determine which projects will be prioritized;
6523		-	~~3213~~
	6527	+	3214
6524	6528		(d) specification of the data that is necessary to apply the weighted ranking criteria; and
6525		-	~~3214~~
	6529	+	3215
6526	6530		(e) any other provisions the commission considers appropriate, which may include
6527		-	~~3215~~
	6531	+	3216
6528	6532		consideration of:
6529		-	~~3216~~
	6533	+	3217
6530	6534		(i) regional and statewide economic development impacts, including improved local
6531		-	~~3217~~
	6535	+	3218
6532	6536		access to:
6533		-	~~3218~~
	6537	+	3219
6534	6538		(A) employment;
6535		-	~~3219~~
	6539	+	3220
6536	6540		(B) educational facilities;
6537		-	~~3220~~
	6541	+	3221
6538	6542		(C) recreation;
6539		-	~~3221~~
	6543	+	3222
6540	6544		(D) commerce; and
6541		-	~~3222~~
	6545	+	3223
6542	6546		(E) residential areas, including moderate income housing as demonstrated in the
6543		-	~~3223~~
	6547	+	3224
6544	6548		local government's or public transit district's general plan pursuant to Section
6545		-	- 95 - S.B. 195 ~~Enrolled Copy~~
6546		-	~~3224~~
	6549	+	- 95 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	6550	+	3225
6547	6551		10-9a-403 or 17-27a-403;
6548		-	~~3225~~
	6552	+	3226
6549	6553		(ii) the extent to which local land use plans relevant to a project support and
6550		-	~~3226~~
	6554	+	3227
6551	6555		accomplish the strategic initiatives adopted under Section 72-1-211; and
6552		-	~~3227~~
	6556	+	3228
6553	6557		(iii) any matching funds provided by a political subdivision or public transit district
6554		-	~~3228~~
	6558	+	3229
6555	6559		in addition to the percentage of costs required by Subsections 72-2-124(4)(a)(viii)
6556		-	~~3229~~
	6560	+	3230
6557	6561		and [72-2-124(9)(e)] 72-2-124(10)(e).
6558		-	~~3230~~
	6562	+	3231
6559	6563		(3)(a) When prioritizing a public transit project that increases capacity, the commission:
6560		-	~~3231~~
	6564	+	3232
6561	6565		(i) may give priority consideration to projects that are part of a transit-oriented
6562		-	~~3232~~
	6566	+	3233
6563	6567		development or transit-supportive development as defined in Section 17B-2a-802;
6564		-	~~3233~~
	6568	+	3234
6565	6569		and
6566		-	~~3234~~
	6570	+	3235
6567	6571		(ii) shall give priority consideration to projects that are within the boundaries of a
6568		-	~~3235~~
	6572	+	3236
6569	6573		housing and transit reinvestment zone created pursuant to Title 63N, Chapter 3,
6570		-	~~3236~~
	6574	+	3237
6571	6575		Part 6, Housing and Transit Reinvestment Zone Act.
6572		-	~~3237~~
	6576	+	3238
6573	6577		(b) When prioritizing a transportation project that increases capacity, the commission
6574		-	~~3238~~
	6578	+	3239
6575	6579		may give priority consideration to projects that are:
6576		-	~~3239~~
	6580	+	3240
6577	6581		(i) part of a transportation reinvestment zone created under Section 11-13-227 if:
6578		-	~~3240~~
	6582	+	3241
6579	6583		(A) the state is a participant in the transportation reinvestment zone; or
6580		-	~~3241~~
	6584	+	3242
6581	6585		(B) the commission finds that the transportation reinvestment zone provides a
6582		-	~~3242~~
	6586	+	3243
6583	6587		benefit to the state transportation system; or
6584		-	~~3243~~
	6588	+	3244
6585	6589		(ii) within the boundaries of a housing and transit reinvestment zone created pursuant
6586		-	~~3244~~
	6590	+	3245
6587	6591		to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act.
6588		-	~~3245~~
	6592	+	3246
6589	6593		(c) If the department receives a notice of prioritization for a municipality as described in
6590		-	~~3246~~
	6594	+	3247
6591	6595		Subsection 10-9a-408(5), or a notice of prioritization for a county as described in
6592		-	~~3247~~
	6596	+	3248
6593	6597		Subsection 17-27a-408(5), the commission may give priority consideration to
6594		-	~~3248~~
	6598	+	3249
6595	6599		transportation projects that are within the boundaries of the municipality or the
6596		-	~~3249~~
	6600	+	3250
6597	6601		unincorporated areas of the county until the department receives notification from the
6598		-	~~3250~~
	6602	+	3251
6599	6603		Housing and Community Development Division within the Department of Workforce
6600		-	~~3251~~
	6604	+	3252
6601	6605		Services that the municipality or county no longer qualifies for prioritization under
6602		-	~~3252~~
	6606	+	3253
6603	6607		this Subsection (3)(c).
6604		-	~~3253~~
	6608	+	3254
6605	6609		(d) When prioritizing a transportation project described in Subsection (1)(a)(ii) or (iv),
6606		-	~~3254~~
	6610	+	3255
6607	6611		the commission may give priority consideration to projects that improve connectivity
6608		-	~~3255~~
	6612	+	3256
6609	6613		pursuant to Section 10-8-87.
6610		-	~~3256~~
	6614	+	3257
6611	6615		(4) In developing the written prioritization process, the commission:
6612		-	~~3257~~
	6616	+	3258
6613	6617		(a) shall seek and consider public comment by holding public meetings at locations
6614		-	- 96 - ~~Enrolled Copy~~ S.B. 195
6615		-	~~3258~~
	6618	+	- 96 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	6619	+	3259
6616	6620		throughout the state; and
6617		-	~~3259~~
	6621	+	3260
6618	6622		(b) may not consider local matching dollars as provided under Section 72-2-123 unless
6619		-	~~3260~~
	6623	+	3261
6620	6624		the state provides an equal opportunity to raise local matching dollars for state
6621		-	~~3261~~
	6625	+	3262
6622	6626		highway improvements within each county.
6623		-	~~3262~~
	6627	+	3263
6624	6628		(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6625		-	~~3263~~
	6629	+	3264
6626	6630		Transportation Commission, in consultation with the department, shall make rules
6627		-	~~3264~~
	6631	+	3265
6628	6632		establishing the written prioritization process under Subsection (1).
6629		-	~~3265~~
	6633	+	3266
6630	6634		(6) The commission shall submit the proposed rules under this section to [a committee or
6631		-	~~3266~~
	6635	+	3267
6632	6636		task force designated by the Legislative Management Committee ] the Transportation
6633		-	~~3267~~
	6637	+	3268
6634	6638		Interim Committee for review prior to taking final action on the proposed rules or any
6635		-	~~3268~~
	6639	+	3269
6636	6640		proposed amendment to the rules described in Subsection (5).
6637		-	~~3269~~
	6641	+	3270
6638	6642		Section 27. Section 72-1-305 is amended to read:
6639		-	~~3270~~
	6643	+	3271
6640	6644		72-1-305 (Effective 05/07/25). Project selection using the written prioritization
6641		-	~~3271~~
	6645	+	3272
6642	6646		process -- Public comment -- Report.
6643		-	~~3272~~
	6647	+	3273
6644	6648		(1) Except as provided in Subsection (4), in determining priorities and funding levels of
6645		-	~~3273~~
	6649	+	3274
6646	6650		projects in the state transportation system under Subsection 72-1-303(1)(a) that are new
6647		-	~~3274~~
	6651	+	3275
6648	6652		transportation capacity projects, the commission shall use the weighted criteria system
6649		-	~~3275~~
	6653	+	3276
6650	6654		adopted in the written prioritization process under Section 72-1-304.
6651		-	~~3276~~
	6655	+	3277
6652	6656		(2) Prior to finalizing priorities and funding levels of projects in the state transportation
6653		-	~~3277~~
	6657	+	3278
6654	6658		system, the commission shall conduct public meetings at locations around the state and
6655		-	~~3278~~
	6659	+	3279
6656	6660		accept public comments on:
6657		-	~~3279~~
	6661	+	3280
6658	6662		(a) the written prioritization process;
6659		-	~~3280~~
	6663	+	3281
6660	6664		(b) the merits of new transportation capacity projects that will be prioritized under this
6661		-	~~3281~~
	6665	+	3282
6662	6666		section; and
6663		-	~~3282~~
	6667	+	3283
6664	6668		(c) the merits of new transportation capacity projects as recommended by a consensus of
6665		-	~~3283~~
	6669	+	3284
6666	6670		local elected officials participating in a metropolitan planning organization as defined
6667		-	~~3284~~
	6671	+	3285
6668	6672		in Section 72-1-208.5.
6669		-	~~3285~~
	6673	+	3286
6670	6674		(3) The commission shall make the weighted criteria system ranking for each project
6671		-	~~3286~~
	6675	+	3287
6672	6676		publicly available prior to the public meetings held under Subsection (2).
6673		-	~~3287~~
	6677	+	3288
6674	6678		(4)(a) If the commission prioritizes a project over another project with a higher rank
6675		-	~~3288~~
	6679	+	3289
6676	6680		under the weighted criteria system, the commission shall identify the change and
6677		-	~~3289~~
	6681	+	3290
6678	6682		accept public comment at a meeting held under this section on the merits of
6679		-	~~3290~~
	6683	+	3291
6680	6684		prioritizing the project above higher ranked projects.
6681		-	~~3291~~
	6685	+	3292
6682	6686		(b) The commission shall make the reasons for the prioritization under Subsection (4)(a)
6683		-	- 97 - S.B. 195 ~~Enrolled Copy~~
6684		-	~~3292~~
	6687	+	- 97 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	6688	+	3293
6685	6689		publicly available.
6686		-	~~3293~~
	6690	+	3294
6687	6691		(5)(a) The executive director or the executive director's designee shall report annually to
6688		-	~~3294~~
	6692	+	3295
6689	6693		the governor and [a committee designated by the Legislative Management Committee]
6690		-	~~3295~~
	6694	+	3296
6691	6695		the Transportation Interim Committee no later than the last day of October:
6692		-	~~3296~~
	6696	+	3297
6693	6697		(i) the projects prioritized under this section during the year prior to the report; and
6694		-	~~3297~~
	6698	+	3298
6695	6699		(ii) the status and progress of all projects prioritized under this section.
6696		-	~~3298~~
	6700	+	3299
6697	6701		(b) Annually, before any funds are programmed and allocated from the Transit
6698		-	~~3299~~
	6702	+	3300
6699	6703		Transportation Investment Fund created in Section 72-2-124 for each fiscal year, the
6700		-	~~3300~~
	6704	+	3301
6701	6705		executive director or the executive director's designee, along with the executive
6702		-	~~3301~~
	6706	+	3302
6703	6707		director of a large public transit district as described in Section 17B-2a-802, shall
6704		-	~~3302~~
	6708	+	3303
6705	6709		report to the governor and [a committee designated by the Legislative Management
6706		-	~~3303~~
	6710	+	3304
6707	6711		Committee ] the Transportation Interim Committee no later than the last day of
6708		-	~~3304~~
	6712	+	3305
6709	6713		October:
6710		-	~~3305~~
	6714	+	3306
6711	6715		(i) the public transit projects prioritized under this section during the year prior to the
6712		-	~~3306~~
	6716	+	3307
6713	6717		report; and
6714		-	~~3307~~
	6718	+	3308
6715	6719		(ii) the status and progress of all public transit projects prioritized under this section.
6716		-	~~3308~~
	6720	+	3309
6717	6721		(6) The department shall annually report to the Transportation Commission on the status of
6718		-	~~3309~~
	6722	+	3310
6719	6723		new capacity transportation projects, including projects that were funded by the
6720		-	~~3310~~
	6724	+	3311
6721	6725		Legislature in an appropriations act.
6722		-	~~3311~~
	6726	+	3312
6723	6727		Section 28. Section 72-2-106 is amended to read:
6724		-	~~3312~~
	6728	+	3313
6725	6729		72-2-106 (Effective 07/01/25). Appropriation and transfers from Transportation
6726		-	~~3313~~
	6730	+	3314
6727	6731		Fund.
6728		-	~~3314~~
	6732	+	3315
6729	6733		(1) On and after July 1, 1981, there is appropriated from the Transportation Fund to the use
6730		-	~~3315~~
	6734	+	3316
6731	6735		of the department an amount equal to two-elevenths of the taxes collected from the
6732		-	~~3316~~
	6736	+	3317
6733	6737		motor fuel tax and the special fuel tax, exclusive of the formula amount appropriated for
6734		-	~~3317~~
	6738	+	3318
6735	6739		class B and class C roads, to be used for highway rehabilitation.
6736		-	~~3318~~
	6740	+	3319
6737	6741		[(2) For a fiscal year beginning on or after July 1, 2016, the Division of Finance shall
6738		-	~~3319~~
	6742	+	3320
6739	6743		annually transfer an amount equal to the amount of revenue generated by a tax imposed
6740		-	~~3320~~
	6744	+	3321
6741	6745		on motor and special fuel that is sold, used, or received for sale or used in this state at a
6742		-	~~3321~~
	6746	+	3322
6743	6747		rate of 1.8 cents per gallon to the Transportation Investment Fund of 2005 created by
6744		-	~~3322~~
	6748	+	3323
6745	6749		Section 72-2-124.]
6746		-	~~3323~~
	6750	+	3324
6747	6751		[(3)] (2) For a fiscal year beginning on or after July 1, 2019, the Division of Finance shall
6748		-	~~3324~~
	6752	+	3325
6749	6753		annually transfer to the Transportation Investment Fund of 2005 created by Section
6750		-	~~3325~~
	6754	+	3326
6751	6755		72-2-124 an amount that is equal to 35% of the amount of revenue generated in the
6752		-	- 98 - ~~Enrolled Copy~~ S.B. 195
6753		-	~~3326~~
	6756	+	- 98 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	6757	+	3327
6754	6758		current fiscal year by the portion of the tax imposed on motor and special fuel that is
6755		-	~~3327~~
	6759	+	3328
6756	6760		sold, used, or received for sale or use in this state that exceeds 29.4 cents per gallon.
6757		-	~~3328~~
	6761	+	3329
6758	6762		[(4)] (3) For purposes of the calculation described in Subsection 59-12-103(7)(c), the
6759		-	~~3329~~
	6763	+	3330
6760	6764		Division of Finance shall notify the State Tax Commission of the amount of any transfer
6761		-	~~3330~~
	6765	+	3331
6762	6766		made under [Subsections (2) and (3)] Subsection (2).
6763		-	~~3331~~
	6767	+	3332
6764	6768		Section 29. Section 72-2-121 is amended to read:
6765		-	~~3332~~
	6769	+	3333
6766	6770		72-2-121 (Effective upon governor's approval). County of the First Class
6767		-	~~3333~~
	6771	+	3334
6768	6772		Highway Projects Fund.
6769		-	~~3334~~
	6773	+	3335
6770	6774		(1) There is created a special revenue fund within the Transportation Fund known as the
6771		-	~~3335~~
	6775	+	3336
6772	6776		"County of the First Class Highway Projects Fund."
6773		-	~~3336~~
	6777	+	3337
6774	6778		(2) The fund consists of money generated from the following revenue sources:
6775		-	~~3337~~
	6779	+	3338
6776	6780		(a) any voluntary contributions received for new construction, major renovations, and
6777		-	~~3338~~
	6781	+	3339
6778	6782		improvements to highways within a county of the first class;
6779		-	~~3339~~
	6783	+	3340
6780	6784		(b) the portion of the sales and use tax described in Subsection 59-12-2214(3)(b)
6781		-	~~3340~~
	6785	+	3341
6782	6786		deposited into or transferred to the fund;
6783		-	~~3341~~
	6787	+	3342
6784	6788		(c) the portion of the sales and use tax described in Section 59-12-2217 deposited into or
6785		-	~~3342~~
	6789	+	3343
6786	6790		transferred to the fund;
6787		-	~~3343~~
	6791	+	3344
6788	6792		(d) a portion of the local option highway construction and transportation corridor
6789		-	~~3344~~
	6793	+	3345
6790	6794		preservation fee imposed in a county of the first class under Section 41-1a-1222
6791		-	~~3345~~
	6795	+	3346
6792	6796		deposited into or transferred to the fund; and
6793		-	~~3346~~
	6797	+	3347
6794	6798		(e) the portion of the sales and use tax transferred into the fund as described in
6795		-	~~3347~~
	6799	+	3348
6796	6800		Subsections 59-12-2220(4)(a) and 59-12-2220(11)(b).
6797		-	~~3348~~
	6801	+	3349
6798	6802		(3)(a) The fund shall earn interest.
6799		-	~~3349~~
	6803	+	3350
6800	6804		(b) All interest earned on fund money shall be deposited into the fund.
6801		-	~~3350~~
	6805	+	3351
6802	6806		(4) Subject to Subsection (11), the executive director shall use the fund money only:
6803		-	~~3351~~
	6807	+	3352
6804	6808		(a) to pay debt service and bond issuance costs for bonds issued under Sections
6805		-	~~3352~~
	6809	+	3353
6806	6810		63B-16-102, 63B-18-402, and 63B-27-102;
6807		-	~~3353~~
	6811	+	3354
6808	6812		(b) for right-of-way acquisition, new construction, major renovations, and improvements
6809		-	~~3354~~
	6813	+	3355
6810	6814		to highways within a county of the first class and to pay any debt service and bond
6811		-	~~3355~~
	6815	+	3356
6812	6816		issuance costs related to those projects, including improvements to a highway located
6813		-	~~3356~~
	6817	+	3357
6814	6818		within a municipality in a county of the first class where the municipality is located
6815		-	~~3357~~
	6819	+	3358
6816	6820		within the boundaries of more than a single county;
6817		-	~~3358~~
	6821	+	3359
6818	6822		(c) for the construction, acquisition, use, maintenance, or operation of:
6819		-	~~3359~~
	6823	+	3360
6820	6824		(i) an active transportation facility for nonmotorized vehicles;
6821		-	- 99 - S.B. 195 ~~Enrolled Copy~~
6822		-	~~3360~~
	6825	+	- 99 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	6826	+	3361
6823	6827		(ii) multimodal transportation that connects an origin with a destination; or
6824		-	~~3361~~
	6828	+	3362
6825	6829		(iii) a facility that may include a:
6826		-	~~3362~~
	6830	+	3363
6827	6831		(A) pedestrian or nonmotorized vehicle trail;
6828		-	~~3363~~
	6832	+	3364
6829	6833		(B) nonmotorized vehicle storage facility;
6830		-	~~3364~~
	6834	+	3365
6831	6835		(C) pedestrian or vehicle bridge; or
6832		-	~~3365~~
	6836	+	3366
6833	6837		(D) vehicle parking lot or parking structure;
6834		-	~~3366~~
	6838	+	3367
6835	6839		(d) to transfer to the 2010 Salt Lake County Revenue Bond Sinking Fund created by
6836		-	~~3367~~
	6840	+	3368
6837	6841		Section 72-2-121.3 the amount required in Subsection 72-2-121.3(4)(c) minus the
6838		-	~~3368~~
	6842	+	3369
6839	6843		amounts transferred in accordance with Subsection [72-2-124(4)(a)(iv)]
6840		-	~~3369~~
	6844	+	3370
6841	6845		72-2-124(4)(a)(v);
6842		-	~~3370~~
	6846	+	3371
6843	6847		(e) for a fiscal year beginning on or after July 1, 2013, to pay debt service and bond
6844		-	~~3371~~
	6848	+	3372
6845	6849		issuance costs for $30,000,000 of the bonds issued under Section 63B-18-401 for the
6846		-	~~3372~~
	6850	+	3373
6847	6851		projects described in Subsection 63B-18-401(4)(a);
6848		-	~~3373~~
	6852	+	3374
6849	6853		(f) for a fiscal year beginning on or after July 1, 2013, and after the department has
6850		-	~~3374~~
	6854	+	3375
6851	6855		verified that the amount required under Subsection 72-2-121.3(4)(c) is available in
6852		-	~~3375~~
	6856	+	3376
6853	6857		the fund, to transfer an amount equal to 50% of the revenue generated by the local
6854		-	~~3376~~
	6858	+	3377
6855	6859		option highway construction and transportation corridor preservation fee imposed
6856		-	~~3377~~
	6860	+	3378
6857	6861		under Section 41-1a-1222 in a county of the first class:
6858		-	~~3378~~
	6862	+	3379
6859	6863		(i) to the legislative body of a county of the first class; and
6860		-	~~3379~~
	6864	+	3380
6861	6865		(ii) to be used by a county of the first class for:
6862		-	~~3380~~
	6866	+	3381
6863	6867		(A) highway construction, reconstruction, or maintenance projects; or
6864		-	~~3381~~
	6868	+	3382
6865	6869		(B) the enforcement of state motor vehicle and traffic laws;
6866		-	~~3382~~
	6870	+	3383
6867	6871		(g) for a fiscal year beginning on or after July 1, 2015, after the department has verified
6868		-	~~3383~~
	6872	+	3384
6869	6873		that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund
6870		-	~~3384~~
	6874	+	3385
6871	6875		and the transfer under Subsection (4)(e) has been made, to annually transfer an
6872		-	~~3385~~
	6876	+	3386
6873	6877		amount of the sales and use tax revenue imposed in a county of the first class and
6874		-	~~3386~~
	6878	+	3387
6875	6879		deposited into the fund in accordance with Subsection 59-12-2214(3)(b) equal to an
6876		-	~~3387~~
	6880	+	3388
6877	6881		amount needed to cover the debt to:
6878		-	~~3388~~
	6882	+	3389
6879	6883		(i) the appropriate debt service or sinking fund for the repayment of bonds issued
6880		-	~~3389~~
	6884	+	3390
6881	6885		under Section 63B-27-102; and
6882		-	~~3390~~
	6886	+	3391
6883	6887		(ii) the appropriate debt service or sinking fund for the repayment of bonds issued
6884		-	~~3391~~
	6888	+	3392
6885	6889		under Sections 63B-31-102 and 63B-31-103;
6886		-	~~3392~~
	6890	+	3393
6887	6891		(h) after the department has verified that the amount required under Subsection
6888		-	3393
6889		-	72-2-121.3(4)(c) is available in the fund and after the transfer under Subsection (4)(d),
6890		-	- 100 - Enrolled Copy S.B. 195
6891	6892		3394
6892		-	the payment under Subsection (4)(e), and the transfer under Subsection (4)(g)(i) has
	6893	+	72-2-121.3(4)(c) is available in the fund and after the transfer under Subsection
	6894	+	- 100 - 03-06 08:58 7th Sub. (Buff) S.B. 195
6893	6895		3395
6894		-	~~been made~~, ~~to annually~~ transfer ~~$2,000,000 to a public transit district in a county of~~
	6896	+	(4)(d), the payment under Subsection (4)(e), and the transfer under Subsection
6895	6897		3396
6896		-	~~the first class~~ to ~~fund~~ a ~~system for~~ public transit;
	6898	+	(4)(g)(i) has been made, to annually transfer $2,000,000 to a public transit district in
6897	6899		3397
	6900	+	a county of the first class to fund a system for public transit;
	6901	+	3398
6898	6902		(i) for a fiscal year beginning on or after July 1, 2018, after the department has verified
6899		-	~~3398~~
	6903	+	3399
6900	6904		that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund
6901		-	~~3399~~
	6905	+	3400
6902	6906		and after the transfer under Subsection (4)(d), the payment under Subsection (4)(e),
6903		-	~~3400~~
	6907	+	3401
6904	6908		and the transfer under Subsection (4)(g)(i) has been made, to annually transfer 20%
6905		-	~~3401~~
	6909	+	3402
6906	6910		of the amount deposited into the fund under Subsection (2)(b):
6907		-	~~3402~~
	6911	+	3403
6908	6912		(i) to the legislative body of a county of the first class; and
6909		-	~~3403~~
	6913	+	3404
6910	6914		(ii) to fund parking facilities in a county of the first class that facilitate significant
6911		-	~~3404~~
	6915	+	3405
6912	6916		economic development and recreation and tourism within the state;
6913		-	~~3405~~
	6917	+	3406
6914	6918		(j) subject to Subsection (5), for a fiscal year beginning on or after July 1, 2021, and for
6915		-	~~3406~~
	6919	+	3407
6916	6920		15 years thereafter, to annually transfer the following amounts to the following cities
6917		-	~~3407~~
	6921	+	3408
6918	6922		and the county of the first class for priority projects to mitigate congestion and
6919		-	~~3408~~
	6923	+	3409
6920	6924		improve transportation safety:
6921		-	~~3409~~
	6925	+	3410
6922	6926		(i) $2,000,000 to Sandy;
6923		-	~~3410~~
	6927	+	3411
6924	6928		(ii) $2,300,000 to Taylorsville;
6925		-	~~3411~~
	6929	+	3412
6926	6930		(iii) $1,100,000 to Salt Lake City;
6927		-	~~3412~~
	6931	+	3413
6928	6932		(iv) $1,100,000 to West Jordan;
6929		-	~~3413~~
	6933	+	3414
6930	6934		(v) $1,100,000 to West Valley City;
6931		-	~~3414~~
	6935	+	3415
6932	6936		(vi) $800,000 to Herriman;
6933		-	~~3415~~
	6937	+	3416
6934	6938		(vii) $700,000 to Draper;
6935		-	~~3416~~
	6939	+	3417
6936	6940		(viii) $700,000 to Riverton;
6937		-	~~3417~~
	6941	+	3418
6938	6942		(ix) $700,000 to South Jordan;
6939		-	~~3418~~
	6943	+	3419
6940	6944		(x) $500,000 to Bluffdale;
6941		-	~~3419~~
	6945	+	3420
6942	6946		(xi) $500,000 to Midvale;
6943		-	~~3420~~
	6947	+	3421
6944	6948		(xii) $500,000 to Millcreek;
6945		-	~~3421~~
	6949	+	3422
6946	6950		(xiii) $500,000 to Murray;
6947		-	~~3422~~
	6951	+	3423
6948	6952		(xiv) $400,000 to Cottonwood Heights; and
6949		-	~~3423~~
	6953	+	3424
6950	6954		(xv) $300,000 to Holladay; and
6951		-	~~3424~~
	6955	+	3425
6952	6956		(k) for the 2024-25 and 2025-26 fiscal years, and subject to revenue balances after the
6953		-	~~3425~~
	6957	+	3426
6954	6958		distributions under Subsection (4)(j), to reimburse the following municipalities for
6955		-	~~3426~~
	6959	+	3427
6956	6960		the amounts and projects indicated, as each project progresses and as revenue
6957		-	~~3427~~
	6961	+	3428
6958	6962		balances allow:
6959		-	- 101 - S.B. 195 ~~Enrolled Copy~~
6960		-	~~3428~~
	6963	+	- 101 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	6964	+	3429
6961	6965		(i) $3,200,000 to South Jordan for improvements to Bingham Rim Road from
6962		-	~~3429~~
	6966	+	3430
6963	6967		Grandville Avenue to Mountain View Corridor;
6964		-	~~3430~~
	6968	+	3431
6965	6969		(ii) $1,960,000 to Midvale for improvements to Center Street between State Street
6966		-	~~3431~~
	6970	+	3432
6967	6971		and 700 West;
6968		-	~~3432~~
	6972	+	3433
6969	6973		(iii) $3,500,000 to Salt Lake City for first and last mile public transit improvements
6970		-	~~3433~~
	6974	+	3434
6971	6975		throughout Salt Lake City;
6972		-	~~3434~~
	6976	+	3435
6973	6977		(iv) $1,500,000 to Cottonwood Heights for improvements to Fort Union Boulevard
6974		-	~~3435~~
	6978	+	3436
6975	6979		and 2300 East;
6976		-	~~3436~~
	6980	+	3437
6977	6981		(v) $3,450,000 to Draper for improvements to Bangerter Highway between 13800
6978		-	~~3437~~
	6982	+	3438
6979	6983		South and I-15;
6980		-	~~3438~~
	6984	+	3439
6981	6985		(vi) $10,500,000 to Herriman to construct a road between U-111 and 13200 South;
6982		-	~~3439~~
	6986	+	3440
6983	6987		(vii) $3,000,000 to West Jordan for improvements to 1300 West;
6984		-	~~3440~~
	6988	+	3441
6985	6989		(viii) $1,050,000 to Riverton for improvements to the Welby Jacob Canal trail
6986		-	~~3441~~
	6990	+	3442
6987	6991		between 11800 South and 13800 South;
6988		-	~~3442~~
	6992	+	3443
6989	6993		(ix) $3,500,000 to Taylorsville for improvements to Bangerter Highway and 4700
6990		-	~~3443~~
	6994	+	3444
6991	6995		South;
6992		-	~~3444~~
	6996	+	3445
6993	6997		(x) $470,000 to the department for construction of a sound wall on Bangerter
6994		-	~~3445~~
	6998	+	3446
6995	6999		Highway at approximately 11200 South;
6996		-	~~3446~~
	7000	+	3447
6997	7001		(xi) $1,250,000 to Murray for improvements to Murray Boulevard between 4800
6998		-	~~3447~~
	7002	+	3448
6999	7003		South and 5300 South;
7000		-	~~3448~~
	7004	+	3449
7001	7005		[(xii) $1,450,000 to West Valley for construction of a road connecting 5400 South to
7002		-	~~3449~~
	7006	+	3450
7003	7007		U-111;]
7004		-	~~3450~~
	7008	+	3451
7005	7009		[(xiii)] (xii) $1,840,000 to Magna for construction and improvements to 8400 West
7006		-	~~3451~~
	7010	+	3452
7007	7011		and 4100 South;
7008		-	~~3452~~
	7012	+	3453
7009	7013		[(xiv)] (xiii) $1,000,000 to South Jordan for construction of arterial roads connecting
7010		-	~~3453~~
	7014	+	3454
7011	7015		U-111 and Old Bingham Highway;
7012		-	~~3454~~
	7016	+	3455
7013	7017		[(xv)] (xiv) $1,200,000 to Millcreek for reconstruction of and improvements to 2000
7014		-	~~3455~~
	7018	+	3456
7015	7019		East between 3300 South and Atkin Avenue;
7016		-	~~3456~~
	7020	+	3457
7017	7021		[(xvi)] (xv) $1,230,000 to Holladay for improvements to Highland Drive between
7018		-	~~3457~~
	7022	+	3458
7019	7023		Van Winkle Expressway and Arbor Lane;
7020		-	~~3458~~
	7024	+	3459
7021	7025		[(xvii)] (xvi) [$1,800,000 ] $3,250,000 to West Valley City for improvements to 4000
7022		-	~~3459~~
	7026	+	3460
7023	7027		West between 4100 South and 4700 South and improvements to 4700 South from
7024		-	~~3460~~
	7028	+	3461
7025	7029		4000 West to Bangerter Highway; and
7026		-	~~3461~~
	7030	+	3462
7027	7031		[(xviii)] (xvii) $1,000,000 to Taylorsville for improvements to 4700 South at the I-215
7028		-	- 102 - ~~Enrolled Copy~~ S.B. 195
7029		-	~~3462~~
	7032	+	- 102 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	7033	+	3463
7030	7034		interchange.
7031		-	~~3463~~
	7035	+	3464
7032	7036		(5)(a) If revenue in the fund is insufficient to satisfy all of the transfers described in
7033		-	~~3464~~
	7037	+	3465
7034	7038		Subsection (4)(j), the executive director shall proportionately reduce the amounts
7035		-	~~3465~~
	7039	+	3466
7036	7040		transferred as described in Subsection (4)(j).
7037		-	~~3466~~
	7041	+	3467
7038	7042		(b) A local government may not use revenue described in Subsection (4)(j) to supplant
7039		-	~~3467~~
	7043	+	3468
7040	7044		existing class B or class C road funds that a local government has budgeted for
7041		-	~~3468~~
	7045	+	3469
7042	7046		transportation projects.
7043		-	~~3469~~
	7047	+	3470
7044	7048		(6) The revenues described in Subsections (2)(b), (c), and (d) that are deposited into the
7045		-	~~3470~~
	7049	+	3471
7046	7050		fund and bond proceeds from bonds issued under Sections 63B-16-102, 63B-18-402,
7047		-	~~3471~~
	7051	+	3472
7048	7052		and 63B-27-102 are considered a local matching contribution for the purposes described
7049		-	~~3472~~
	7053	+	3473
7050	7054		under Section 72-2-123.
7051		-	~~3473~~
	7055	+	3474
7052	7056		(7) The department may expend up to $3,000,000 of revenue deposited into the account as
7053		-	~~3474~~
	7057	+	3475
7054	7058		described in Subsection 59-12-2220(11)(b) for public transit innovation grants, as
7055		-	~~3475~~
	7059	+	3476
7056	7060		provided in Part [3] 4, Public Transit Innovation Grants.
7057		-	~~3476~~
	7061	+	3477
7058	7062		(8) The additional administrative costs of the department to administer this fund shall be
7059		-	~~3477~~
	7063	+	3478
7060	7064		paid from money in the fund.
7061		-	~~3478~~
	7065	+	3479
7062	7066		(9) Subject to Subsection (11), and notwithstanding any statutory or other restrictions on
7063		-	~~3479~~
	7067	+	3480
7064	7068		the use or expenditure of the revenue sources deposited into this fund, the Department of
7065		-	~~3480~~
	7069	+	3481
7066	7070		Transportation may use the money in this fund for any of the purposes detailed in
7067		-	~~3481~~
	7071	+	3482
7068	7072		Subsection (4).
7069		-	~~3482~~
	7073	+	3483
7070	7074		(10) Subject to Subsection (11), any revenue deposited into the fund as described in
7071		-	~~3483~~
	7075	+	3484
7072	7076		Subsection (2)(e) shall be used to provide funding or loans for public transit projects,
7073		-	~~3484~~
	7077	+	3485
7074	7078		operations, and supporting infrastructure in the county of the first class.
7075		-	~~3485~~
	7079	+	3486
7076	7080		(11) For the first three years after a county of the first class imposes a sales and use tax
7077		-	~~3486~~
	7081	+	3487
7078	7082		authorized in Section 59-12-2220, revenue deposited into the fund as described in
7079		-	~~3487~~
	7083	+	3488
7080	7084		Subsection (2)(e) shall be allocated as follows:
7081		-	~~3488~~
	7085	+	3489
7082	7086		(a) 10% to the department to construct an express bus facility on 5600 West; and
7083		-	~~3489~~
	7087	+	3490
7084	7088		(b) 90% into the County of the First Class Infrastructure Bank Fund created in Section
7085		-	~~3490~~
	7089	+	3491
7086	7090		72-2-302.
7087		-	~~3491~~
	7091	+	3492
7088	7092		Section 30. Section 72-2-121.3 is amended to read:
7089		-	~~3492~~
	7093	+	3493
7090	7094		72-2-121.3 (Effective 05/07/25). Special revenue fund -- 2010 Salt Lake County
7091		-	~~3493~~
	7095	+	3494
7092	7096		Revenue Bond Sinking Fund.
7093		-	~~3494~~
	7097	+	3495
7094	7098		(1) There is created a special revenue fund within the County of the First Class Highway
7095		-	~~3495~~
	7099	+	3496
7096	7100		Projects Fund entitled "2010 Salt Lake County Revenue Bond Sinking Fund."
7097		-	- 103 - S.B. 195 ~~Enrolled Copy~~
7098		-	~~3496~~
	7101	+	- 103 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	7102	+	3497
7099	7103		(2) The fund consists of:
7100		-	~~3497~~
	7104	+	3498
7101	7105		(a) money transferred into the fund from the County of the First Class Highway Projects
7102		-	~~3498~~
	7106	+	3499
7103	7107		Fund in accordance with Subsection 72-2-121(4)(d); and
7104		-	~~3499~~
	7108	+	3500
7105	7109		(b) for a fiscal year beginning on or after July 1, 2013, money transferred into the fund
7106		-	~~3500~~
	7110	+	3501
7107	7111		from the Transportation Investment Fund of 2005 in accordance with Subsection [
7108		-	~~3501~~
	7112	+	3502
7109	7113		72-2-124(4)(a)(iv)] 72-2-124(4)(a)(v).
7110		-	~~3502~~
	7114	+	3503
7111	7115		(3)(a) The fund shall earn interest.
7112		-	~~3503~~
	7116	+	3504
7113	7117		(b) All interest earned on fund money shall be deposited into the fund.
7114		-	~~3504~~
	7118	+	3505
7115	7119		(4)(a) The director of the Division of Finance may use fund money only as provided in
7116		-	~~3505~~
	7120	+	3506
7117	7121		this section.
7118		-	~~3506~~
	7122	+	3507
7119	7123		(b) The director of the Division of Finance may not distribute any money from the fund
7120		-	~~3507~~
	7124	+	3508
7121	7125		under this section until the director has received a formal opinion from the attorney
7122		-	~~3508~~
	7126	+	3509
7123	7127		general that Salt Lake County has entered into a binding agreement with the state of
7124		-	~~3509~~
	7128	+	3510
7125	7129		Utah containing all of the terms required by Section 72-2-121.4.
7126		-	~~3510~~
	7130	+	3511
7127	7131		(c) Except as provided in Subsection (4)(b), and until the bonds issued by Salt Lake
7128		-	~~3511~~
	7132	+	3512
7129	7133		County as provided in the interlocal agreement required by Section 72-2-121.4 are
7130		-	~~3512~~
	7134	+	3513
7131	7135		paid off, on July 1 of each year beginning July 1, 2011, the director of the Division of
7132		-	~~3513~~
	7136	+	3514
7133	7137		Finance shall transfer from the County of the First Class Highway Projects Fund and
7134		-	~~3514~~
	7138	+	3515
7135	7139		the Transportation Investment Fund of 2005 to the 2010 Salt Lake County Revenue
7136		-	~~3515~~
	7140	+	3516
7137	7141		Bond Sinking Fund the amount certified by Salt Lake County that is necessary to pay:
7138		-	~~3516~~
	7142	+	3517
7139	7143		(i) up to two times the debt service requirement necessary to pay debt service on the
7140		-	~~3517~~
	7144	+	3518
7141	7145		revenue bonds issued by Salt Lake County for that fiscal year; and
7142		-	~~3518~~
	7146	+	3519
7143	7147		(ii) any additional amounts necessary to pay costs of issuance, pay capitalized
7144		-	~~3519~~
	7148	+	3520
7145	7149		interest, and fund any debt service reserve requirements.
7146		-	~~3520~~
	7150	+	3521
7147	7151		(d) Except as provided in Subsection (4)(b), and until the bonds issued by Salt Lake
7148		-	~~3521~~
	7152	+	3522
7149	7153		County as provided in the interlocal agreement required by Section 72-2-121.4 are
7150		-	~~3522~~
	7154	+	3523
7151	7155		paid off, the director of the Division of Finance shall, upon request from Salt Lake
7152		-	~~3523~~
	7156	+	3524
7153	7157		County, transfer to Salt Lake County or its designee from the 2010 Salt Lake County
7154		-	~~3524~~
	7158	+	3525
7155	7159		Revenue Bond Sinking Fund the amount certified by Salt Lake County as necessary
7156		-	~~3525~~
	7160	+	3526
7157	7161		to pay:
7158		-	~~3526~~
	7162	+	3527
7159	7163		(i) the debt service on the revenue bonds issued by Salt Lake County as provided in
7160		-	~~3527~~
	7164	+	3528
7161	7165		the interlocal agreement required by Section 72-2-121.4; and
7162		-	~~3528~~
	7166	+	3529
7163	7167		(ii) any additional amounts necessary to pay costs of issuance, pay capitalized
7164		-	~~3529~~
	7168	+	3530
7165	7169		interest, and fund any debt service reserve requirements.
7166		-	- 104 - ~~Enrolled Copy~~ S.B. 195
7167		-	~~3530~~
	7170	+	- 104 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	7171	+	3531
7168	7172		(5) Any money remaining in the 2010 Salt Lake County Revenue Bond Sinking Fund at the
7169		-	~~3531~~
	7173	+	3532
7170	7174		end of the fiscal year lapses to the County of the First Class Highway Projects Fund.
7171		-	~~3532~~
	7175	+	3533
7172	7176		Section 31. Section 72-2-123 is amended to read:
7173		-	~~3533~~
	7177	+	3534
7174	7178		72-2-123 (Effective 05/07/25). Rules adopting guidelines -- Partnering to finance
7175		-	~~3534~~
	7179	+	3535
7176	7180		state highway capacity improvements -- Partnering proposals.
7177		-	~~3535~~
	7181	+	3536
7178	7182		(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7179		-	~~3536~~
	7183	+	3537
7180	7184		commission, in consultation with representatives of local government, shall make rules
7181		-	~~3537~~
	7185	+	3538
7182	7186		adopting guidelines for partnering with counties and municipalities for their help to
7183		-	~~3538~~
	7187	+	3539
7184	7188		finance state highway improvement projects through:
7185		-	~~3539~~
	7189	+	3540
7186	7190		(a) local matching dollars;
7187		-	~~3540~~
	7191	+	3541
7188	7192		(b) agreements regarding new revenue a county or municipality expects will be
7189		-	~~3541~~
	7193	+	3542
7190	7194		generated as a result of the construction of a state highway improvement project; or
7191		-	~~3542~~
	7195	+	3543
7192	7196		(c) other local participation methods.
7193		-	~~3543~~
	7197	+	3544
7194	7198		(2) The guidelines described in Subsection (1) shall encourage partnering to help finance
7195		-	~~3544~~
	7199	+	3545
7196	7200		state highway improvement projects and provide for:
7197		-	~~3545~~
	7201	+	3546
7198	7202		(a) the consideration of factors relevant to a decision to make a program adjustment
7199		-	~~3546~~
	7203	+	3547
7200	7204		including the potential to:
7201		-	~~3547~~
	7205	+	3548
7202	7206		(i) extend department resources to other needed projects;
7203		-	~~3548~~
	7207	+	3549
7204	7208		(ii) alleviate significant existing or future congestion or hazards to the traveling
7205		-	~~3549~~
	7209	+	3550
7206	7210		public; and
7207		-	~~3550~~
	7211	+	3551
7208	7212		(iii) address a need that is widely recognized by the public, elected officials, and
7209		-	~~3551~~
	7213	+	3552
7210	7214		transportation planners;
7211		-	~~3552~~
	7215	+	3553
7212	7216		(b) a process for submitting, evaluating, and hearing partnering proposals; and
7213		-	~~3553~~
	7217	+	3554
7214	7218		(c) the creation of a public record of each proposal from initial submission to final
7215		-	~~3554~~
	7219	+	3555
7216	7220		disposition.
7217		-	~~3555~~
	7221	+	3556
7218	7222		(3) The commission shall submit the proposed rules under this section to [a committee or
7219		-	~~3556~~
	7223	+	3557
7220	7224		task force designated by the Legislative Management Committee] the Transportation
7221		-	~~3557~~
	7225	+	3558
7222	7226		Interim Committee for review prior to taking final action on the proposed rules or any
7223		-	~~3558~~
	7227	+	3559
7224	7228		proposed amendment to the rules.
7225		-	~~3559~~
	7229	+	3560
7226	7230		Section 32. Section 72-2-124 is amended to read:
7227		-	~~3560~~
	7231	+	3561
7228	7232		72-2-124 (Effective 05/07/25). Transportation Investment Fund of 2005.
7229		-	~~3561~~
	7233	+	3562
7230	7234		(1) There is created a capital projects fund entitled the Transportation Investment Fund of
7231		-	~~3562~~
	7235	+	3563
7232	7236		2005.
7233		-	~~3563~~
	7237	+	3564
7234	7238		(2) The fund consists of money generated from the following sources:
7235		-	- 105 - S.B. 195 ~~Enrolled Copy~~
7236		-	~~3564~~
	7239	+	- 105 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	7240	+	3565
7237	7241		(a) any voluntary contributions received for the maintenance, construction,
7238		-	~~3565~~
	7242	+	3566
7239	7243		reconstruction, or renovation of state and federal highways;
7240		-	~~3566~~
	7244	+	3567
7241	7245		(b) appropriations made to the fund by the Legislature;
7242		-	~~3567~~
	7246	+	3568
7243	7247		(c) registration fees designated under Section 41-1a-1201;
7244		-	~~3568~~
	7248	+	3569
7245	7249		(d) the sales and use tax revenues deposited into the fund in accordance with Section
7246		-	~~3569~~
	7250	+	3570
7247	7251		59-12-103; and
7248		-	~~3570~~
	7252	+	3571
7249	7253		(e) revenues transferred to the fund in accordance with Section 72-2-106.
7250		-	~~3571~~
	7254	+	3572
7251	7255		(3)(a) The fund shall earn interest.
7252		-	~~3572~~
	7256	+	3573
7253	7257		(b) All interest earned on fund money shall be deposited into the fund.
7254		-	~~3573~~
	7258	+	3574
7255	7259		(4)(a) Except as provided in Subsection (4)(b), the executive director may only use fund
7256		-	~~3574~~
	7260	+	3575
7257	7261		money to pay:
7258		-	~~3575~~
	7262	+	3576
7259	7263		(i) the costs of maintenance, construction, reconstruction, or renovation to state and
7260		-	~~3576~~
	7264	+	3577
7261	7265		federal highways prioritized by the Transportation Commission through the
7262		-	~~3577~~
	7266	+	3578
7263	7267		prioritization process for new transportation capacity projects adopted under
7264		-	~~3578~~
	7268	+	3579
7265	7269		Section 72-1-304;
7266		-	~~3579~~
	7270	+	3580
7267	7271		(ii) the costs of maintenance, construction, reconstruction, or renovation to the
7268		-	~~3580~~
	7272	+	3581
7269	7273		highway projects described in Subsections 63B-18-401(2), (3), and (4);
7270		-	~~3581~~
	7274	+	3582
7271	7275		(iii) subject to Subsection (9), costs of corridor preservation, as that term is defined in
7272		-	~~3582~~
	7276	+	3583
7273	7277		Section 72-5-401;
7274		-	~~3583~~
	7278	+	3584
7275	7279		[(iii)] (iv) principal, interest, and issuance costs of bonds authorized by Section
7276		-	~~3584~~
	7280	+	3585
7277	7281		63B-18-401 minus the costs paid from the County of the First Class Highway
7278		-	~~3585~~
	7282	+	3586
7279	7283		Projects Fund in accordance with Subsection 72-2-121(4)(e);
7280		-	~~3586~~
	7284	+	3587
7281	7285		[(iv)] (v) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010
7282		-	~~3587~~
	7286	+	3588
7283	7287		Salt Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the
7284		-	~~3588~~
	7288	+	3589
7285	7289		amount certified by Salt Lake County in accordance with Subsection 72-2-121.3
7286		-	~~3589~~
	7290	+	3590
7287	7291		(4)(c) as necessary to pay the debt service on $30,000,000 of the revenue bonds
7288		-	~~3590~~
	7292	+	3591
7289	7293		issued by Salt Lake County;
7290		-	~~3591~~
	7294	+	3592
7291	7295		[(v)] (vi) principal, interest, and issuance costs of bonds authorized by Section
7292		-	~~3592~~
	7296	+	3593
7293	7297		63B-16-101 for projects prioritized in accordance with Section 72-2-125;
7294		-	~~3593~~
	7298	+	3594
7295	7299		[(vi) all highway general obligation bonds that are intended to be paid from revenues
7296		-	~~3594~~
	7300	+	3595
7297	7301		in the Centennial Highway Fund created by Section 72-2-118;]
7298		-	~~3595~~
	7302	+	3596
7299	7303		(vii) for fiscal year 2015-16 only, to transfer $25,000,000 to the County of the First
7300		-	~~3596~~
	7304	+	3597
7301	7305		Class Highway Projects Fund created in Section 72-2-121 to be used for the
7302		-	~~3597~~
	7306	+	3598
7303	7307		purposes described in Section 72-2-121;
7304		-	- 106 - ~~Enrolled Copy~~ S.B. 195
7305		-	~~3598~~
	7308	+	- 106 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	7309	+	3599
7306	7310		(viii) if a political subdivision provides a contribution equal to or greater than 40% of
7307		-	~~3599~~
	7311	+	3600
7308	7312		the costs needed for construction, reconstruction, or renovation of paved
7309		-	~~3600~~
	7313	+	3601
7310	7314		pedestrian or paved nonmotorized transportation for projects that:
7311		-	~~3601~~
	7315	+	3602
7312	7316		(A) mitigate traffic congestion on the state highway system;
7313		-	~~3602~~
	7317	+	3603
7314	7318		(B) are part of an active transportation plan approved by the department; and
7315		-	~~3603~~
	7319	+	3604
7316	7320		(C) are prioritized by the commission through the prioritization process for new
7317		-	~~3604~~
	7321	+	3605
7318	7322		transportation capacity projects adopted under Section 72-1-304;
7319		-	~~3605~~
	7323	+	3606
7320	7324		(ix) $705,000,000 for the costs of right-of-way acquisition, construction,
7321		-	~~3606~~
	7325	+	3607
7322	7326		reconstruction, or renovation of or improvement to the following projects:
7323		-	~~3607~~
	7327	+	3608
7324	7328		(A) the connector road between Main Street and 1600 North in the city of
7325		-	~~3608~~
	7329	+	3609
7326	7330		Vineyard;
7327		-	~~3609~~
	7331	+	3610
7328	7332		(B) Geneva Road from University Parkway to 1800 South;
7329		-	~~3610~~
	7333	+	3611
7330	7334		(C) the SR-97 interchange at 5600 South on I-15;
7331		-	~~3611~~
	7335	+	3612
7332	7336		(D) subject to Subsection (4)(c), two lanes on U-111 from Herriman Parkway to
7333		-	~~3612~~
	7337	+	3613
7334	7338		South Jordan Parkway;
7335		-	~~3613~~
	7339	+	3614
7336	7340		(E) widening I-15 between mileposts 10 and 13 and the interchange at milepost 11;
7337		-	~~3614~~
	7341	+	3615
7338	7342		(F) improvements to 1600 North in Orem from 1200 West to State Street;
7339		-	~~3615~~
	7343	+	3616
7340	7344		(G) widening I-15 between mileposts 6 and 8;
7341		-	~~3616~~
	7345	+	3617
7342	7346		(H) widening 1600 South from Main Street in the city of Spanish Fork to SR-51;
7343		-	~~3617~~
	7347	+	3618
7344	7348		(I) widening US 6 from Sheep Creek to Mill Fork between mileposts 195 and 197
7345		-	~~3618~~
	7349	+	3619
7346	7350		in Spanish Fork Canyon;
7347		-	~~3619~~
	7351	+	3620
7348	7352		(J) I-15 northbound between mileposts 43 and 56;
7349		-	~~3620~~
	7353	+	3621
7350	7354		(K) a passing lane on SR-132 between mileposts 41.1 and 43.7 between mileposts
7351		-	~~3621~~
	7355	+	3622
7352	7356		43 and 45.1;
7353		-	~~3622~~
	7357	+	3623
7354	7358		(L) east Zion SR-9 improvements;
7355		-	~~3623~~
	7359	+	3624
7356	7360		(M) Toquerville Parkway;
7357		-	~~3624~~
	7361	+	3625
7358	7362		(N) an environmental study on Foothill Boulevard in the city of Saratoga Springs;
7359		-	~~3625~~
	7363	+	3626
7360	7364		(O) using funds allocated in this Subsection (4)(a)(ix), and other sources of funds,
7361		-	~~3626~~
	7365	+	3627
7362	7366		for construction of an interchange on Bangerter Highway at 13400 South; and
7363		-	~~3627~~
	7367	+	3628
7364	7368		(P) an environmental impact study for Kimball Junction in Summit County;[ and]
7365		-	~~3628~~
	7369	+	3629
7366	7370		(x) $28,000,000 as pass-through funds, to be distributed as necessary to pay project
7367		-	~~3629~~
	7371	+	3630
7368	7372		costs based upon a statement of cash flow that the local jurisdiction where the
7369		-	~~3630~~
	7373	+	3631
7370	7374		project is located provides to the department demonstrating the need for money
7371		-	~~3631~~
	7375	+	3632
7372	7376		for the project, for the following projects in the following amounts:
7373		-	- 107 - S.B. 195 ~~Enrolled Copy~~
7374		-	~~3632~~
	7377	+	- 107 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	7378	+	3633
7375	7379		(A) $5,000,000 for Payson Main Street repair and replacement;
7376		-	~~3633~~
	7380	+	3634
7377	7381		(B) $8,000,000 for a Bluffdale 14600 South railroad bypass;
7378		-	~~3634~~
	7382	+	3635
7379	7383		(C) $5,000,000 for improvements to 4700 South in Taylorsville; and
7380		-	~~3635~~
	7384	+	3636
7381	7385		(D) $10,000,000 for improvements to the west side frontage roads adjacent to U.S.
7382		-	~~3636~~
	7386	+	3637
7383	7387		40 between mile markers 7 and 10[.] ;
7384		-	~~3637~~
	7388	+	3638
7385	7389		(xi) for a fiscal year beginning on July 1, 2025, only, as pass-through funds from
7386		-	~~3638~~
	7390	+	3639
7387	7391		revenue deposited into the fund in accordance with Section 59-12-103, for the
7388		-	~~3639~~
	7392	+	3640
7389	7393		following projects:
7390		-	~~3640~~
	7394	+	3641
7391	7395		(A) $3,000,000 for the department to perform an environmental study for the I-15
7392		-	~~3641~~
	7396	+	3642
7393	7397		Salem and Benjamin project; and
7394		-	~~3642~~
	7398	+	3643
7395	7399		(B) $2,000,000, as pass-through funds, to Kane County for the Coral Pink Sand
7396		-	~~3643~~
	7400	+	3644
7397	7401		Dunes Road project; and
7398		-	~~3644~~
	7402	+	3645
7399	7403		(xii) for a fiscal year beginning on July 1, 2025, up to $300,000,000 for the costs of
7400		-	~~3645~~
	7404	+	3646
7401	7405		right-of-way acquisition and construction for improvements on SR-89 in a county
7402		-	~~3646~~
	7406	+	3647
7403	7407		of the first class.
7404		-	~~3647~~
	7408	+	3648
7405	7409		(b) The executive director may use fund money to exchange for an equal or greater
7406		-	~~3648~~
	7410	+	3649
7407	7411		amount of federal transportation funds to be used as provided in Subsection (4)(a).
7408		-	~~3649~~
	7412	+	3650
7409	7413		(c)(i) Construction related to the project described in Subsection (4)(a)(ix)(D) may
7410		-	~~3650~~
	7414	+	3651
7411	7415		not commence until a right-of-way not owned by a federal agency that is required
7412		-	~~3651~~
	7416	+	3652
7413	7417		for the realignment and extension of U-111, as described in the department's 2023
7414		-	~~3652~~
	7418	+	3653
7415	7419		environmental study related to the project, is dedicated to the department.
7416		-	~~3653~~
	7420	+	3654
7417	7421		(ii) Notwithstanding Subsection (4)(c)(i), if a right-of-way is not dedicated for the
7418		-	~~3654~~
	7422	+	3655
7419	7423		project as described in Subsection (4)(c)(i) on or before October 1, 2024, the
7420		-	~~3655~~
	7424	+	3656
7421	7425		department may proceed with the project, except that the project will be limited to
7422		-	~~3656~~
	7426	+	3657
7423	7427		two lanes on U-111 from Herriman Parkway to 11800 South.
7424		-	~~3657~~
	7428	+	3658
7425	7429		(5)(a) Except as provided in Subsection (5)(b), if the department receives a notice of
7426		-	~~3658~~
	7430	+	3659
7427	7431		ineligibility for a municipality as described in Subsection 10-9a-408(7), the executive
7428		-	~~3659~~
	7432	+	3660
7429	7433		director may not program fund money to a project prioritized by the commission
7430		-	~~3660~~
	7434	+	3661
7431	7435		under Section 72-1-304, including fund money from the Transit Transportation
7432		-	~~3661~~
	7436	+	3662
7433	7437		Investment Fund, within the boundaries of the municipality until the department
7434		-	~~3662~~
	7438	+	3663
7435	7439		receives notification from the Housing and Community Development Division within
7436		-	~~3663~~
	7440	+	3664
7437	7441		the Department of Workforce Services that ineligibility under this Subsection (5) no
7438		-	~~3664~~
	7442	+	3665
7439	7443		longer applies to the municipality.
7440		-	~~3665~~
	7444	+	3666
7441	7445		(b) Within the boundaries of a municipality described in Subsection (5)(a), the executive
7442		-	- 108 - ~~Enrolled Copy~~ S.B. 195
7443		-	~~3666~~
	7446	+	- 108 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	7447	+	3667
7444	7448		director:
7445		-	~~3667~~
	7449	+	3668
7446	7450		(i) may program fund money in accordance with Subsection (4)(a) for a
7447		-	~~3668~~
	7451	+	3669
7448	7452		limited-access facility or interchange connecting limited-access facilities;
7449		-	~~3669~~
	7453	+	3670
7450	7454		(ii) may not program fund money for the construction, reconstruction, or renovation
7451		-	~~3670~~
	7455	+	3671
7452	7456		of an interchange on a limited-access facility;
7453		-	~~3671~~
	7457	+	3672
7454	7458		(iii) may program Transit Transportation Investment Fund money for a
7455		-	~~3672~~
	7459	+	3673
7456	7460		multi-community fixed guideway public transportation project; and
7457		-	~~3673~~
	7461	+	3674
7458	7462		(iv) may not program Transit Transportation Investment Fund money for the
7459		-	~~3674~~
	7463	+	3675
7460	7464		construction, reconstruction, or renovation of a station that is part of a fixed
7461		-	~~3675~~
	7465	+	3676
7462	7466		guideway public transportation project.
7463		-	~~3676~~
	7467	+	3677
7464	7468		(c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive
7465		-	~~3677~~
	7469	+	3678
7466	7470		director before July 1, 2022, for projects prioritized by the commission under Section
7467		-	~~3678~~
	7471	+	3679
7468	7472		72-1-304.
7469		-	~~3679~~
	7473	+	3680
7470	7474		(6)(a) Except as provided in Subsection (6)(b), if the department receives a notice of
7471		-	~~3680~~
	7475	+	3681
7472	7476		ineligibility for a county as described in Subsection 17-27a-408(7), the executive
7473		-	~~3681~~
	7477	+	3682
7474	7478		director may not program fund money to a project prioritized by the commission
7475		-	~~3682~~
	7479	+	3683
7476	7480		under Section 72-1-304, including fund money from the Transit Transportation
7477		-	~~3683~~
	7481	+	3684
7478	7482		Investment Fund, within the boundaries of the unincorporated area of the county until
7479		-	~~3684~~
	7483	+	3685
7480	7484		the department receives notification from the Housing and Community Development
7481		-	~~3685~~
	7485	+	3686
7482	7486		Division within the Department of Workforce Services that ineligibility under this
7483		-	~~3686~~
	7487	+	3687
7484	7488		Subsection (6) no longer applies to the county.
7485		-	~~3687~~
	7489	+	3688
7486	7490		(b) Within the boundaries of the unincorporated area of a county described in Subsection
7487		-	~~3688~~
	7491	+	3689
7488	7492		(6)(a), the executive director:
7489		-	~~3689~~
	7493	+	3690
7490	7494		(i) may program fund money in accordance with Subsection (4)(a) for a
7491		-	~~3690~~
	7495	+	3691
7492	7496		limited-access facility to a project prioritized by the commission under Section
7493		-	~~3691~~
	7497	+	3692
7494	7498		72-1-304;
7495		-	~~3692~~
	7499	+	3693
7496	7500		(ii) may not program fund money for the construction, reconstruction, or renovation
7497		-	~~3693~~
	7501	+	3694
7498	7502		of an interchange on a limited-access facility;
7499		-	~~3694~~
	7503	+	3695
7500	7504		(iii) may program Transit Transportation Investment Fund money for a
7501		-	~~3695~~
	7505	+	3696
7502	7506		multi-community fixed guideway public transportation project; and
7503		-	~~3696~~
	7507	+	3697
7504	7508		(iv) may not program Transit Transportation Investment Fund money for the
7505		-	~~3697~~
	7509	+	3698
7506	7510		construction, reconstruction, or renovation of a station that is part of a fixed
7507		-	~~3698~~
	7511	+	3699
7508	7512		guideway public transportation project.
7509		-	~~3699~~
	7513	+	3700
7510	7514		(c) Subsections (6)(a) and (b) do not apply to a project programmed by the executive
7511		-	- 109 - S.B. 195 ~~Enrolled Copy~~
7512		-	~~3700~~
	7515	+	- 109 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	7516	+	3701
7513	7517		director before July 1, 2022, for projects prioritized by the commission under Section
7514		-	~~3701~~
	7518	+	3702
7515	7519		72-1-304.
7516		-	~~3702~~
	7520	+	3703
7517	7521		(7)(a) Before bonds authorized by Section 63B-18-401 or 63B-27-101 may be issued in
7518		-	~~3703~~
	7522	+	3704
7519	7523		any fiscal year, the department and the commission shall appear before the Executive
7520		-	~~3704~~
	7524	+	3705
7521	7525		Appropriations Committee of the Legislature and present the amount of bond
7522		-	~~3705~~
	7526	+	3706
7523	7527		proceeds that the department needs to provide funding for the projects identified in
7524		-	~~3706~~
	7528	+	3707
7525	7529		Subsections 63B-18-401(2), (3), and (4) or Subsection 63B-27-101(2) for the current
7526		-	~~3707~~
	7530	+	3708
7527	7531		or next fiscal year.
7528		-	~~3708~~
	7532	+	3709
7529	7533		(b) The Executive Appropriations Committee of the Legislature shall review and
7530		-	~~3709~~
	7534	+	3710
7531	7535		comment on the amount of bond proceeds needed to fund the projects.
7532		-	~~3710~~
	7536	+	3711
7533	7537		(8) The Division of Finance shall, from money deposited into the fund, transfer the amount
7534		-	~~3711~~
	7538	+	3712
7535	7539		of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
7536		-	~~3712~~
	7540	+	3713
7537	7541		Section 63B-18-401 or 63B-27-101 in the current fiscal year to the appropriate debt
7538		-	~~3713~~
	7542	+	3714
7539	7543		service or sinking fund.
7540		-	~~3714~~
	7544	+	3715
7541	7545		(9) The executive director may only use money in the fund for corridor preservation as
7542		-	~~3715~~
	7546	+	3716
7543	7547		described in Subsection (4)(a)(iii):
7544		-	~~3716~~
	7548	+	3717
7545	7549		(a) if the project has been prioritized by the commission, including the use of fund
7546		-	~~3717~~
	7550	+	3718
7547	7551		money for corridor preservation; or
7548		-	~~3718~~
	7552	+	3719
7549	7553		(b) for a project that has not been prioritized by the commission, if the commission:
7550		-	~~3719~~
	7554	+	3720
7551	7555		(i) approves the use of fund money for the corridor preservation; and
7552		-	~~3720~~
	7556	+	3721
7553	7557		(ii) finds that the use of fund money for corridor preservation will not result in any
7554		-	~~3721~~
	7558	+	3722
7555	7559		delay to a project that has been prioritized by the commission.
7556		-	~~3722~~
	7560	+	3723
7557	7561		[(9)] (10)(a) There is created in the Transportation Investment Fund of 2005 the Transit
7558		-	~~3723~~
	7562	+	3724
7559	7563		Transportation Investment Fund.
7560		-	~~3724~~
	7564	+	3725
7561	7565		(b) The fund shall be funded by:
7562		-	~~3725~~
	7566	+	3726
7563	7567		(i) contributions deposited into the fund in accordance with Section 59-12-103;
7564		-	~~3726~~
	7568	+	3727
7565	7569		(ii) appropriations into the account by the Legislature;
7566		-	~~3727~~
	7570	+	3728
7567	7571		(iii) deposits of sales and use tax increment related to a housing and transit
7568		-	~~3728~~
	7572	+	3729
7569	7573		reinvestment zone as described in Section 63N-3-610;
7570		-	~~3729~~
	7574	+	3730
7571	7575		(iv) transfers of local option sales and use tax revenue as described in Subsection
7572		-	~~3730~~
	7576	+	3731
7573	7577		59-12-2220(11)(b) or (c);
7574		-	~~3731~~
	7578	+	3732
7575	7579		(v) private contributions; and
7576		-	~~3732~~
	7580	+	3733
7577	7581		(vi) donations or grants from public or private entities.
7578		-	~~3733~~
	7582	+	3734
7579	7583		(c)(i) The fund shall earn interest.
7580		-	- 110 - ~~Enrolled Copy~~ S.B. 195
7581		-	~~3734~~
	7584	+	- 110 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	7585	+	3735
7582	7586		(ii) All interest earned on fund money shall be deposited into the fund.
7583		-	~~3735~~
	7587	+	3736
7584	7588		(d) Subject to Subsection [(9)(e)] (10)(e), the commission may prioritize money from the
7585		-	~~3736~~
	7589	+	3737
7586	7590		fund:
7587		-	~~3737~~
	7591	+	3738
7588	7592		(i) for public transit capital development of new capacity projects and fixed guideway
7589		-	~~3738~~
	7593	+	3739
7590	7594		capital development projects to be used as prioritized by the commission through
7591		-	~~3739~~
	7595	+	3740
7592	7596		the prioritization process adopted under Section 72-1-304;
7593		-	~~3740~~
	7597	+	3741
7594	7598		(ii) to the department for oversight of a fixed guideway capital development project
7595		-	~~3741~~
	7599	+	3742
7596	7600		for which the department has responsibility; or
7597		-	~~3742~~
	7601	+	3743
7598	7602		(iii) up to $500,000 per year, to be used for a public transit study.
7599		-	~~3743~~
	7603	+	3744
7600	7604		(e)(i) Subject to Subsections [(9)(g)] (10)(g), (h), and (i), the commission may only
7601		-	~~3744~~
	7605	+	3745
7602	7606		prioritize money from the fund for a public transit capital development project or
7603		-	~~3745~~
	7607	+	3746
7604	7608		pedestrian or nonmotorized transportation project that provides connection to the
7605		-	~~3746~~
	7609	+	3747
7606	7610		public transit system if the public transit district or political subdivision provides
7607		-	~~3747~~
	7611	+	3748
7608	7612		funds of equal to or greater than 30% of the costs needed for the project.
7609		-	~~3748~~
	7613	+	3749
7610	7614		(ii) A public transit district or political subdivision may use money derived from a
7611		-	~~3749~~
	7615	+	3750
7612	7616		loan granted pursuant to[ Title 72, Chapter 2,] Part 2, State Infrastructure Bank
7613		-	~~3750~~
	7617	+	3751
7614	7618		Fund, to provide all or part of the 30% requirement described in Subsection [
7615		-	~~3751~~
	7619	+	3752
7616	7620		(9)(e)(i)] (10)(e)(i) if:
7617		-	~~3752~~
	7621	+	3753
7618	7622		(A) the loan is approved by the commission as required in[ Title 72, Chapter 2,]
7619		-	~~3753~~
	7623	+	3754
7620	7624		Part 2, State Infrastructure Bank Fund; and
7621		-	~~3754~~
	7625	+	3755
7622	7626		(B) the proposed capital project has been prioritized by the commission pursuant
7623		-	~~3755~~
	7627	+	3756
7624	7628		to Section 72-1-303.
7625		-	~~3756~~
	7629	+	3757
7626	7630		(f) Before July 1, 2022, the department and a large public transit district shall enter into
7627		-	~~3757~~
	7631	+	3758
7628	7632		an agreement for a large public transit district to pay the department $5,000,000 per
7629		-	~~3758~~
	7633	+	3759
7630	7634		year for 15 years to be used to facilitate the purchase of zero emissions or low
7631		-	~~3759~~
	7635	+	3760
7632	7636		emissions rail engines and trainsets for regional public transit rail systems.
7633		-	~~3760~~
	7637	+	3761
7634	7638		(g) For any revenue transferred into the fund pursuant to Subsection 59-12-2220(11)(b):
7635		-	~~3761~~
	7639	+	3762
7636	7640		(i) the commission may prioritize money from the fund for public transit projects,
7637		-	~~3762~~
	7641	+	3763
7638	7642		operations, or maintenance within the county of the first class; and
7639		-	~~3763~~
	7643	+	3764
7640	7644		(ii) Subsection [(9)(e)] (10)(e) does not apply.
7641		-	~~3764~~
	7645	+	3765
7642	7646		(h) For any revenue transferred into the fund pursuant to Subsection 59-12-2220(11)(c):
7643		-	~~3765~~
	7647	+	3766
7644	7648		(i) the commission may prioritize public transit projects, operations, or maintenance
7645		-	~~3766~~
	7649	+	3767
7646	7650		in the county from which the revenue was generated; and
7647		-	~~3767~~
	7651	+	3768
7648	7652		(ii) Subsection [(9)(e)] (10)(e) does not apply.
7649		-	- 111 - S.B. 195 ~~Enrolled Copy~~
7650		-	~~3768~~
	7653	+	- 111 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	7654	+	3769
7651	7655		(i) The requirement to provide funds equal to or greater than 30% of the costs needed for
7652		-	~~3769~~
	7656	+	3770
7653	7657		the project described in Subsection [(9)(e)] (10)(e) does not apply to a public transit
7654		-	~~3770~~
	7658	+	3771
7655	7659		capital development project or pedestrian or nonmotorized transportation project that
7656		-	~~3771~~
	7660	+	3772
7657	7661		the department proposes.
7658		-	~~3772~~
	7662	+	3773
7659	7663		(j) In accordance with Part [3] 4, Public Transit Innovation Grants, the commission may
7660		-	~~3773~~
	7664	+	3774
7661	7665		prioritize money from the fund for public transit innovation grants, as defined in
7662		-	~~3774~~
	7666	+	3775
7663	7667		Section 72-2-401, for public transit capital development projects requested by a
7664		-	~~3775~~
	7668	+	3776
7665	7669		political subdivision within a public transit district.
7666		-	~~3776~~
	7670	+	3777
7667	7671		[(10)] (11)(a) There is created in the Transportation Investment Fund of 2005 the
7668		-	~~3777~~
	7672	+	3778
7669	7673		Cottonwood Canyons Transportation Investment Fund.
7670		-	~~3778~~
	7674	+	3779
7671	7675		(b) The fund shall be funded by:
7672		-	~~3779~~
	7676	+	3780
7673	7677		(i) money deposited into the fund in accordance with Section 59-12-103;
7674		-	~~3780~~
	7678	+	3781
7675	7679		(ii) appropriations into the account by the Legislature;
7676		-	~~3781~~
	7680	+	3782
7677	7681		(iii) private contributions; and
7678		-	~~3782~~
	7682	+	3783
7679	7683		(iv) donations or grants from public or private entities.
7680		-	~~3783~~
	7684	+	3784
7681	7685		(c)(i) The fund shall earn interest.
7682		-	~~3784~~
	7686	+	3785
7683	7687		(ii) All interest earned on fund money shall be deposited into the fund.
7684		-	~~3785~~
	7688	+	3786
7685	7689		(d) The Legislature may appropriate money from the fund for public transit or
7686		-	~~3786~~
	7690	+	3787
7687	7691		transportation projects in the Cottonwood Canyons of Salt Lake County.
7688		-	~~3787~~
	7692	+	3788
7689	7693		(e) The department may use up to 2% of the revenue deposited into the account under
7690		-	~~3788~~
	7694	+	3789
7691	7695		Subsection 59-12-103(7)(b) to contract with local governments as necessary for
7692		-	~~3789~~
	7696	+	3790
7693	7697		public safety enforcement related to the Cottonwood Canyons of Salt Lake County.
7694		-	~~3790~~
	7698	+	3791
7695	7699		[(11)] (12)(a) There is created in the Transportation Investment Fund of 2005 the Active
7696		-	~~3791~~
	7700	+	3792
7697	7701		Transportation Investment Fund.
7698		-	~~3792~~
	7702	+	3793
7699	7703		(b) The fund shall be funded by:
7700		-	~~3793~~
	7704	+	3794
7701	7705		(i) money deposited into the fund in accordance with Section 59-12-103;
7702		-	~~3794~~
	7706	+	3795
7703	7707		(ii) appropriations into the account by the Legislature; and
7704		-	~~3795~~
	7708	+	3796
7705	7709		(iii) donations or grants from public or private entities.
7706		-	~~3796~~
	7710	+	3797
7707	7711		(c)(i) The fund shall earn interest.
7708		-	~~3797~~
	7712	+	3798
7709	7713		(ii) All interest earned on fund money shall be deposited into the fund.
7710		-	~~3798~~
	7714	+	3799
7711	7715		(d) The executive director may only use fund money to pay the costs needed for:
7712		-	~~3799~~
	7716	+	3800
7713	7717		(i) the planning, design, construction, maintenance, reconstruction, or renovation of
7714		-	~~3800~~
	7718	+	3801
7715	7719		paved pedestrian or paved nonmotorized trail projects that:
7716		-	~~3801~~
	7720	+	3802
7717	7721		(A) are prioritized by the commission through the prioritization process for new
7718		-	- 112 - ~~Enrolled Copy~~ S.B. 195
7719		-	~~3802~~
	7722	+	- 112 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	7723	+	3803
7720	7724		transportation capacity projects adopted under Section 72-1-304;
7721		-	~~3803~~
	7725	+	3804
7722	7726		(B) serve a regional purpose; and
7723		-	~~3804~~
	7727	+	3805
7724	7728		(C) are part of an active transportation plan approved by the department or the
7725		-	~~3805~~
	7729	+	3806
7726	7730		plan described in Subsection [(11)(d)(ii)] (12)(d)(ii);
7727		-	~~3806~~
	7731	+	3807
7728	7732		(ii) the development of a plan for a statewide network of paved pedestrian or paved
7729		-	~~3807~~
	7733	+	3808
7730	7734		nonmotorized trails that serve a regional purpose; and
7731		-	~~3808~~
	7735	+	3809
7732	7736		(iii) the administration of the fund, including staff and overhead costs.
7733		-	~~3809~~
	7737	+	3810
7734	7738		[(12)] (13)(a) As used in this Subsection [(12)] (13), "commuter rail" means the same as
7735		-	~~3810~~
	7739	+	3811
7736	7740		that term is defined in Section 63N-3-602.
7737		-	~~3811~~
	7741	+	3812
7738	7742		(b) There is created in the Transit Transportation Investment Fund the Commuter Rail
7739		-	~~3812~~
	7743	+	3813
7740	7744		Subaccount.
7741		-	~~3813~~
	7745	+	3814
7742	7746		(c) The subaccount shall be funded by:
7743		-	~~3814~~
	7747	+	3815
7744	7748		(i) contributions deposited into the subaccount in accordance with Section 59-12-103;
7745		-	~~3815~~
	7749	+	3816
7746	7750		(ii) appropriations into the subaccount by the Legislature;
7747		-	~~3816~~
	7751	+	3817
7748	7752		(iii) private contributions; and
7749		-	~~3817~~
	7753	+	3818
7750	7754		(iv) donations or grants from public or private entities.
7751		-	~~3818~~
	7755	+	3819
7752	7756		(d)(i) The subaccount shall earn interest.
7753		-	~~3819~~
	7757	+	3820
7754	7758		(ii) All interest earned on money in the subaccount shall be deposited into the
7755		-	~~3820~~
	7759	+	3821
7756	7760		subaccount.
7757		-	~~3821~~
	7761	+	3822
7758	7762		(e) As prioritized by the commission through the prioritization process adopted under
7759		-	~~3822~~
	7763	+	3823
7760	7764		Section 72-1-304 or as directed by the Legislature, the department may only use
7761		-	~~3823~~
	7765	+	3824
7762	7766		money from the subaccount for projects that improve the state's commuter rail
7763		-	~~3824~~
	7767	+	3825
7764	7768		infrastructure, including the building or improvement of grade-separated crossings
7765		-	~~3825~~
	7769	+	3826
7766	7770		between commuter rail lines and public highways.
7767		-	~~3826~~
	7771	+	3827
7768	7772		(f) Appropriations made in accordance with this section are nonlapsing in accordance
7769		-	~~3827~~
	7773	+	3828
7770	7774		with Section 63J-1-602.1.
7771		-	~~3828~~
	7775	+	3829
7772	7776		Section 33. Section 72-2-303 is amended to read:
7773		-	~~3829~~
	7777	+	3830
7774	7778		72-2-303 (Effective 05/07/25). Loans and assistance -- Authority -- Rulemaking.
7775		-	~~3830~~
	7779	+	3831
7776	7780		(1) Money in the fund may be used by the department, as prioritized by the commission or
7777		-	~~3831~~
	7781	+	3832
7778	7782		as directed by the Legislature, to make infrastructure loans or to provide infrastructure
7779		-	~~3832~~
	7783	+	3833
7780	7784		assistance to any public entity for any purpose consistent with any applicable
7781		-	~~3833~~
	7785	+	3834
7782	7786		constitutional limitation.
7783		-	~~3834~~
	7787	+	3835
7784	7788		(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7785		-	~~3835~~
	7789	+	3836
7786	7790		commission shall make rules providing procedures and standards for making
7787		-	- 113 - S.B. 195 ~~Enrolled Copy~~
7788		-	~~3836~~
	7791	+	- 113 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	7792	+	3837
7789	7793		infrastructure loans and providing infrastructure assistance and a process for
7790		-	~~3837~~
	7794	+	3838
7791	7795		prioritization of requests for loans and assistance.
7792		-	~~3838~~
	7796	+	3839
7793	7797		(3) The prioritization process, procedures, and standards for making an infrastructure loan
7794		-	~~3839~~
	7798	+	3840
7795	7799		or providing infrastructure assistance may include consideration of the following:
7796		-	~~3840~~
	7800	+	3841
7797	7801		(a) availability of money in the fund;
7798		-	~~3841~~
	7802	+	3842
7799	7803		(b) credit worthiness of the project;
7800		-	~~3842~~
	7804	+	3843
7801	7805		(c) demonstration that the project will encourage, enhance, or create economic benefits
7802		-	~~3843~~
	7806	+	3844
7803	7807		to the state or political subdivision;
7804		-	~~3844~~
	7808	+	3845
7805	7809		(d) likelihood that assistance would enable the project to proceed at an earlier date than
7806		-	~~3845~~
	7810	+	3846
7807	7811		would otherwise be possible;
7808		-	~~3846~~
	7812	+	3847
7809	7813		(e) the extent to which assistance would foster innovative public-private partnerships
7810		-	~~3847~~
	7814	+	3848
7811	7815		and attract private debt or equity investment;
7812		-	~~3848~~
	7816	+	3849
7813	7817		(f) demonstration that the project provides a benefit to the state highway system,
7814		-	~~3849~~
	7818	+	3850
7815	7819		including safety or mobility improvements;
7816		-	~~3850~~
	7820	+	3851
7817	7821		(g) the amount of proposed assistance as a percentage of the overall project costs with
7818		-	~~3851~~
	7822	+	3852
7819	7823		emphasis on local and private participation;
7820		-	~~3852~~
	7824	+	3853
7821	7825		(h) demonstration that the project provides intermodal connectivity with public
7822		-	~~3853~~
	7826	+	3854
7823	7827		transportation, pedestrian, or nonmotorized transportation facilities;[ and]
7824		-	~~3854~~
	7828	+	3855
7825	7829		(i) improvement of transportation connectivity pursuant to Section 10-8-87; and
7826		-	~~3855~~
	7830	+	3856
7827	7831		[(i)] (j) other provisions the commission considers appropriate.
7828		-	~~3856~~
	7832	+	3857
7829	7833		Section 34. Section 72-2-401 is amended to read:
7830		-	~~3857~~
	7834	+	3858
7831	7835		72-2-401 (Effective 05/07/25). Definitions.
7832		-	~~3858~~
	7836	+	3859
7833	7837		As used in this part:
7834		-	~~3859~~
	7838	+	3860
7835	7839		(1) "Council of governments" means the same as that term is defined in Section 17B-2a-802.
7836		-	~~3860~~
	7840	+	3861
7837	7841		(2) "Grant" means a public transit innovation grant.
7838		-	~~3861~~
	7842	+	3862
7839	7843		(3) "High growth area" means an area or municipality within a public transit district that:
7840		-	~~3862~~
	7844	+	3863
7841	7845		(a) has significantly higher population increase relative to other areas within the county;
7842		-	~~3863~~
	7846	+	3864
7843	7847		and
7844		-	~~3864~~
	7848	+	3865
7845	7849		(b) is projected to continue to have significant population growth.
7846		-	~~3865~~
	7850	+	3866
7847	7851		(4) "Public transit district" means the same as that term is defined in Section 17B-2a-802.
7848		-	~~3866~~
	7852	+	3867
7849	7853		(5)(a) "Public transit innovation grant" means a grant awarded on or after July 1, 2026,
7850		-	~~3867~~
	7854	+	3868
7851	7855		to provide targeted pilot programs to:
7852		-	~~3868~~
	7856	+	3869
7853	7857		(i) increase public transit ridership;
7854		-	~~3869~~
	7858	+	3870
7855	7859		(ii) increase public transit service in high growth areas within the public transit
7856		-	- 114 - ~~Enrolled Copy~~ S.B. 195
7857		-	~~3870~~
	7860	+	- 114 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	7861	+	3871
7858	7862		district; and
7859		-	~~3871~~
	7863	+	3872
7860	7864		(iii) work toward expanding public transit services.
7861		-	~~3872~~
	7865	+	3873
7862	7866		(b) "Public transit innovation grant" includes a grant to provide:
7863		-	~~3873~~
	7867	+	3874
7864	7868		(i) pilot bus routes and services in high growth areas;
7865		-	~~3874~~
	7869	+	3875
7866	7870		(ii) pilot shuttle connections between fixed guideway stations and job centers,
7867		-	~~3875~~
	7871	+	3876
7868	7872		recreation and cultural facilities and attractions, or schools; and
7869		-	~~3876~~
	7873	+	3877
7870	7874		(iii) other pilot programs similar to those described in Subsections (5)(b)(i) and (ii) as
7871		-	~~3877~~
	7875	+	3878
7872	7876		coordinated between the public transit district and political subdivisions within the
7873		-	~~3878~~
	7877	+	3879
7874	7878		public transit district.
7875		-	~~3879~~
	7879	+	3880
7876	7880		Section 35. Section 72-2-402 is amended to read:
7877		-	~~3880~~
	7881	+	3881
7878	7882		72-2-402 (Effective 05/07/25). Public transit innovation grant funding sources.
7879		-	~~3881~~
	7883	+	3882
7880	7884		(1) In accordance with Section 72-2-403, the commission, in coordination with the
7881		-	~~3882~~
	7885	+	3883
7882	7886		department, may rank, prioritize, and provide public transit innovation grants with
7883		-	~~3883~~
	7887	+	3884
7884	7888		money derived from the following sources:
7885		-	~~3884~~
	7889	+	3885
7886	7890		(a) certain local option sales and use tax revenue as described in Subsection 59-12-2219
7887		-	~~3885~~
	7891	+	3886
7888	7892		(11)(b); and
7889		-	~~3886~~
	7893	+	3887
7890	7894		(b) revenue deposited in accordance with Subsection 59-12-2220(11) into the County of
7891		-	~~3887~~
	7895	+	3888
7892	7896		the First Class Highway Projects Fund created in Section 72-2-121.
7893		-	~~3888~~
	7897	+	3889
7894	7898		(2) In accordance with Section 72-2-124, the department may rank and prioritize public
7895		-	~~3889~~
	7899	+	3890
7896	7900		transit innovation grants for capital development to the commission, to be funded with
7897		-	~~3890~~
	7901	+	3891
7898	7902		money derived from the Transit Transportation Investment Fund as described in
7899		-	~~3891~~
	7903	+	3892
7900	7904		Subsection [72-2-124(9)] 72-2-124(10).
7901		-	~~3892~~
	7905	+	3893
7902	7906		(3) Administrative costs of the department to administer public transit innovation grants
7903		-	~~3893~~
	7907	+	3894
7904	7908		under this part shall be paid from the funds described in Subsection (1)(a).
7905		-	~~3894~~
	7909	+	3895
7906	7910		Section 36. Section 72-2-403 is amended to read:
7907		-	~~3895~~
	7911	+	3896
7908	7912		72-2-403 (Effective 05/07/25). Public transit innovation grants -- Administration.
7909		-	~~3896~~
	7913	+	3897
7910	7914		(1) The commission, in consultation with the department, relevant councils of governments,
7911		-	~~3897~~
	7915	+	3898
7912	7916		metropolitan planning organizations, and public transit districts, shall develop a process
7913		-	~~3898~~
	7917	+	3899
7914	7918		for the prioritization of grant proposals that includes:
7915		-	~~3899~~
	7919	+	3900
7916	7920		(a) instructions on making and submitting a grant proposal;
7917		-	~~3900~~
	7921	+	3901
7918	7922		(b) methodology for selecting grants; and
7919		-	~~3901~~
	7923	+	3902
7920	7924		(c) methodology for awarding grants.
7921		-	~~3902~~
	7925	+	3903
7922	7926		(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7923		-	~~3903~~
	7927	+	3904
7924	7928		commission shall make rules to establish the process described in Subsection (1) and as
7925		-	- 115 - S.B. 195 ~~Enrolled Copy~~
7926		-	~~3904~~
	7929	+	- 115 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	7930	+	3905
7927	7931		otherwise necessary to implement this part.
7928		-	~~3905~~
	7932	+	3906
7929	7933		(3) [The department shall] On or after July 1, 2026, the department may:
7930		-	~~3906~~
	7934	+	3907
7931	7935		(a) accept grant applications;
7932		-	~~3907~~
	7936	+	3908
7933	7937		(b) rank grant proposals based on the objectives and criteria established in this part; and
7934		-	~~3908~~
	7938	+	3909
7935	7939		(c) provide money to grant recipients as directed by the commission and in accordance
7936		-	~~3909~~
	7940	+	3910
7937	7941		with this part.
7938		-	~~3910~~
	7942	+	3911
7939	7943		(4) A municipality or a group of municipalities may submit a grant proposal to the
7940		-	~~3911~~
	7944	+	3912
7941	7945		department.
7942		-	~~3912~~
	7946	+	3913
7943	7947		(5)(a) A public transit innovation grant proposal shall include data, evidence, and
7944		-	~~3913~~
	7948	+	3914
7945	7949		information about:
7946		-	~~3914~~
	7950	+	3915
7947	7951		(i) how the project will advance the purposes and goals of a public transit innovation
7948		-	~~3915~~
	7952	+	3916
7949	7953		grant described in Subsection 72-2-401(5);
7950		-	~~3916~~
	7954	+	3917
7951	7955		(ii) how the proposed services will provide a direct public transit service benefit to
7952		-	~~3917~~
	7956	+	3918
7953	7957		the municipality or area;
7954		-	~~3918~~
	7958	+	3919
7955	7959		(iii) the proposed mode of public transit or purpose for the funding;
7956		-	~~3919~~
	7960	+	3920
7957	7961		(iv) the proposed operator of the service, including qualifications for any proposed
7958		-	~~3920~~
	7962	+	3921
7959	7963		operator that is not a public transit district;
7960		-	~~3921~~
	7964	+	3922
7961	7965		(v) any funds provided by the municipality or group of municipalities as part of the
7962		-	~~3922~~
	7966	+	3923
7963	7967		grant proposal;
7964		-	~~3923~~
	7968	+	3924
7965	7969		(vi) how the pilot service will improve ridership in the municipality or area; and
7966		-	~~3924~~
	7970	+	3925
7967	7971		(vii) any other information that the municipality or public transit district finds
7968		-	~~3925~~
	7972	+	3926
7969	7973		relevant.
7970		-	~~3926~~
	7974	+	3927
7971	7975		(b) A public transit innovation grant proposal may propose a term of up to three years.
7972		-	~~3927~~
	7976	+	3928
7973	7977		(c) A public transit innovation grant proposal shall include information regarding
7974		-	~~3928~~
	7978	+	3929
7975	7979		integration and coordination with existing public transit services.
7976		-	~~3929~~
	7980	+	3930
7977	7981		(6) In considering a public transit innovation grant proposal, the commission shall consider
7978		-	~~3930~~
	7982	+	3931
7979	7983		criteria including:
7980		-	~~3931~~
	7984	+	3932
7981	7985		(a) population growth within the municipality or area relative to other municipalities or
7982		-	~~3932~~
	7986	+	3933
7983	7987		areas within the same county;
7984		-	~~3933~~
	7988	+	3934
7985	7989		(b) how the proposal furthers the following objectives:
7986		-	~~3934~~
	7990	+	3935
7987	7991		(i) increasing public transit ridership in the area;
7988		-	~~3935~~
	7992	+	3936
7989	7993		(ii) improving connectivity for the first and last mile relative to other public transit
7990		-	~~3936~~
	7994	+	3937
7991	7995		services; and
7992		-	~~3937~~
	7996	+	3938
7993	7997		(iii) improving public transit connectivity in high-growth areas within the public
7994		-	- 116 - ~~Enrolled Copy~~ S.B. 195
7995		-	~~3938~~
	7998	+	- 116 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	7999	+	3939
7996	8000		transit district; and
7997		-	~~3939~~
	8001	+	3940
7998	8002		(c) any funds proposed to be invested by the municipality or public transit district as part
7999		-	~~3940~~
	8003	+	3941
8000	8004		of the grant proposal.
8001		-	~~3941~~
	8005	+	3942
8002	8006		(7) The grant proposal may allow for bids for a vendor or public transit district to provide
8003		-	~~3942~~
	8007	+	3943
8004	8008		or operate the proposed services.
8005		-	~~3943~~
	8009	+	3944
8006	8010		(8) Subject to available funding described in Subsection 72-2-402(1), the commission may
8007		-	~~3944~~
	8011	+	3945
8008	8012		award a public transit innovation grant to a recipient that the commission determines
8009		-	~~3945~~
	8013	+	3946
8010	8014		furthers the objectives described in Subsections (5) and (6).
8011		-	~~3946~~
	8015	+	3947
8012	8016		(9)(a) Subject to Subsection (9)(b), if the commission approves a grant to provide money
8013		-	~~3947~~
	8017	+	3948
8014	8018		from a local option sales and use tax described in Subsection 59-12-2219(11), a
8015		-	~~3948~~
	8019	+	3949
8016	8020		public transit district shall transfer the money to the department, and the department
8017		-	~~3949~~
	8021	+	3950
8018	8022		shall transfer the money to the grant recipient.
8019		-	~~3950~~
	8023	+	3951
8020	8024		(b) A public transit district may offset money from a local option sales and use tax
8021		-	~~3951~~
	8025	+	3952
8022	8026		described in Subsection 59-12-2219(11) with other funds available to the public
8023		-	~~3952~~
	8027	+	3953
8024	8028		transit district.
8025		-	~~3953~~
	8029	+	3954
8026	8030		(10) If the commission approves a grant to provide money as provided in Subsection
8027		-	~~3954~~
	8031	+	3955
8028	8032		72-2-121(7), the department shall transfer the money to the grant recipient.
8029		-	~~3955~~
	8033	+	3956
8030	8034		(11) Any grant funds, assets, or infrastructure acquired or improved through a public transit
8031		-	~~3956~~
	8035	+	3957
8032	8036		innovation grant under this part belong to the grant recipient.
8033		-	~~3957~~
	8037	+	3958
8034	8038		Section 37. Section 72-3-109 is amended to read:
8035		-	~~3958~~
	8039	+	3959
8036	8040		72-3-109 (Effective 05/07/25). Division of responsibility with respect to state
8037		-	~~3959~~
	8041	+	3960
8038	8042		highways in cities and towns.
8039		-	~~3960~~
	8043	+	3961
8040	8044		(1) Except as provided in Subsection (3), the jurisdiction and responsibility of the
8041		-	~~3961~~
	8045	+	3962
8042	8046		department and the municipalities for state highways within municipalities is as follows:
8043		-	~~3962~~
	8047	+	3963
8044	8048		(a) The department has jurisdiction over and is responsible for the construction and
8045		-	~~3963~~
	8049	+	3964
8046	8050		maintenance of:
8047		-	~~3964~~
	8051	+	3965
8048	8052		(i) the portion of the state highway located between the back of the curb on either
8049		-	~~3965~~
	8053	+	3966
8050	8054		side of the state highway; or
8051		-	~~3966~~
	8055	+	3967
8052	8056		(ii) if there is no curb, the traveled way, its contiguous shoulders, and appurtenances.
8053		-	~~3967~~
	8057	+	3968
8054	8058		(b) The department may widen or improve state highways within municipalities.
8055		-	~~3968~~
	8059	+	3969
8056	8060		(c)(i) A municipality has jurisdiction over all other portions of the right-of-way and is
8057		-	~~3969~~
	8061	+	3970
8058	8062		responsible for construction and maintenance of the right-of-way.
8059		-	~~3970~~
	8063	+	3971
8060	8064		(ii) If a municipality grants permission for the installation of any pole, pipeline,
8061		-	~~3971~~
	8065	+	3972
8062	8066		conduit, sewer, ditch, culvert, billboard, advertising sign, or any other structure or
8063		-	- 117 - S.B. 195 ~~Enrolled Copy~~
8064		-	~~3972~~
	8067	+	- 117 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	8068	+	3973
8065	8069		object of any kind or character within the portion of the right-of-way under its
8066		-	~~3973~~
	8070	+	3974
8067	8071		jurisdiction:
8068		-	~~3974~~
	8072	+	3975
8069	8073		(A) the permission shall contain the condition that any installation will be
8070		-	~~3975~~
	8074	+	3976
8071	8075		removed from the right-of-way at the request of the municipality; and
8072		-	~~3976~~
	8076	+	3977
8073	8077		(B) the municipality shall cause any installation to be removed at the request of
8074		-	~~3977~~
	8078	+	3978
8075	8079		the department when the department finds the removal necessary:
8076		-	~~3978~~
	8080	+	3979
8077	8081		(I) to eliminate a hazard to traffic safety;
8078		-	~~3979~~
	8082	+	3980
8079	8083		(II) for the construction and maintenance of the state highway; or
8080		-	~~3980~~
	8084	+	3981
8081	8085		(III) to meet the requirements of federal regulations.
8082		-	~~3981~~
	8086	+	3982
8083	8087		(iii) Except as provided in Subsection (1)(h), a municipality may not install or grant
8084		-	~~3982~~
	8088	+	3983
8085	8089		permission for the installation of any pole, pipeline, conduit, sewer, ditch, culvert,
8086		-	~~3983~~
	8090	+	3984
8087	8091		billboard, advertising sign, or any other structure or object of any kind or
8088		-	~~3984~~
	8092	+	3985
8089	8093		character within the portion of the state highway right-of-way under its
8090		-	~~3985~~
	8094	+	3986
8091	8095		jurisdiction without the prior written approval of the department.
8092		-	~~3986~~
	8096	+	3987
8093	8097		(iv) The department may, by written agreement with a municipality, waive the
8094		-	~~3987~~
	8098	+	3988
8095	8099		requirement of its approval under Subsection (1)(c)(iii) for certain types and
8096		-	~~3988~~
	8100	+	3989
8097	8101		categories of installations.
8098		-	~~3989~~
	8102	+	3990
8099	8103		(d) If it is necessary that a utility, as defined in Section 72-6-116, be relocated,
8100		-	~~3990~~
	8104	+	3991
8101	8105		reimbursement shall be made for the relocation as provided for in Section 72-6-116.
8102		-	~~3991~~
	8106	+	3992
8103	8107		(e)(i) The department shall construct curbs, gutters, and sidewalks on the state
8104		-	~~3992~~
	8108	+	3993
8105	8109		highways if necessary for the proper control of traffic, driveway entrances, or
8106		-	~~3993~~
	8110	+	3994
8107	8111		drainage.
8108		-	~~3994~~
	8112	+	3995
8109	8113		(ii) If a state highway is widened or altered and existing curbs, gutters, or sidewalks
8110		-	~~3995~~
	8114	+	3996
8111	8115		are removed, the department shall replace the curbs, gutters, or sidewalks.
8112		-	~~3996~~
	8116	+	3997
8113	8117		(f)(i) The department may furnish and install street lighting systems for state
8114		-	~~3997~~
	8118	+	3998
8115	8119		highways[, but their operation and maintenance is the responsibility of the
8116		-	~~3998~~
	8120	+	3999
8117	8121		municipality].
8118		-	3999
8119		-	(ii) The municipality is responsible for the operation and maintenance of a street
8120	8122		4000
	8123	+	(ii) (ii) The municipality is responsible for the operation and maintenance of a street
	8124	+	4001
8121	8125		lighting system furnished and installed by the department, except that the
8122		-	~~4001~~
	8126	+	4002
8123	8127		department shall operate and maintain street lighting that the department furnishes
8124		-	~~4002~~
	8128	+	4003
8125	8129		and installs:
8126		-	~~4003~~
	8130	+	4004
8127	8131		(A) along an interstate highway; or
8128		-	~~4004~~
	8132	+	4005
8129	8133		(B) at a signalized intersection that includes a state highway.
8130		-	~~4005~~
	8134	+	4006
8131	8135		(iii) Notwithstanding Subsection (1)(f)(ii)(B), the municipality is responsible for the
8132		-	- 118 - ~~Enrolled Copy~~ S.B. 195
8133		-	~~4006~~
	8136	+	- 118 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	8137	+	4007
8134	8138		installation costs, operation, and maintenance of decorative lighting installed at
8135		-	~~4007~~
	8139	+	4008
8136	8140		the request of a municipality.
8137		-	~~4008~~
	8141	+	4009
8138	8142		(g) If new storm sewer facilities are necessary in the construction and maintenance of
8139		-	~~4009~~
	8143	+	4010
8140	8144		the state highways, the cost of the storm sewer facilities shall be borne by the state
8141		-	~~4010~~
	8145	+	4011
8142	8146		and the municipality in a proportion mutually agreed upon between the department
8143		-	~~4011~~
	8147	+	4012
8144	8148		and the municipality.
8145		-	~~4012~~
	8149	+	4013
8146	8150		(h)(i) For a portion of a state highway right-of-way for which a municipality has
8147		-	~~4013~~
	8151	+	4014
8148	8152		jurisdiction, and upon request of the municipality, the department shall grant
8149		-	~~4014~~
	8153	+	4015
8150	8154		permission for the municipality to issue permits within the state highway
8151		-	~~4015~~
	8155	+	4016
8152	8156		right-of-way, provided that:
8153		-	~~4016~~
	8157	+	4017
8154	8158		(A) the municipality gives the department seven calendar days to review and
8155		-	~~4017~~
	8159	+	4018
8156	8160		provide comments on the permit; and
8157		-	~~4018~~
	8161	+	4019
8158	8162		(B) upon the request of the department, the municipality incorporates changes to
8159		-	~~4019~~
	8163	+	4020
8160	8164		the permit as jointly agreed upon by the municipality and the department.
8161		-	~~4020~~
	8165	+	4021
8162	8166		(ii) If the department fails to provide a response as described in Subsection (1)(h)(i)
8163		-	~~4021~~
	8167	+	4022
8164	8168		within seven calendar days, the municipality may issue the permit.
8165		-	~~4022~~
	8169	+	4023
8166	8170		(2)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
8167		-	~~4023~~
	8171	+	4024
8168	8172		the department shall make rules governing the location and construction of approach
8169		-	~~4024~~
	8173	+	4025
8170	8174		roads and driveways entering the state highway. The rules shall:
8171		-	~~4025~~
	8175	+	4026
8172	8176		(i) include criteria for the design, location, and spacing of approach roads and
8173		-	~~4026~~
	8177	+	4027
8174	8178		driveways based on the functional classification of the adjacent highway,
8175		-	~~4027~~
	8179	+	4028
8176	8180		including the urban or rural nature of the area;
8177		-	~~4028~~
	8181	+	4029
8178	8182		(ii) be consistent with the "Manual on Uniform Traffic Control Devices" and the
8179		-	~~4029~~
	8183	+	4030
8180	8184		model access management policy or ordinance developed by the department under
8181		-	~~4030~~
	8185	+	4031
8182	8186		Subsection 72-2-117(8);
8183		-	~~4031~~
	8187	+	4032
8184	8188		(iii) include procedures for:
8185		-	~~4032~~
	8189	+	4033
8186	8190		(A) the application and review of a permit for approach roads and driveways
8187		-	~~4033~~
	8191	+	4034
8188	8192		including review of related site plans that have been recommended according
8189		-	~~4034~~
	8193	+	4035
8190	8194		to local ordinances; and
8191		-	~~4035~~
	8195	+	4036
8192	8196		(B) approving, modifying, denying, or appealing the modification or denial of a
8193		-	~~4036~~
	8197	+	4037
8194	8198		permit for approach roads and driveways within 45 days of receipt of the
8195		-	~~4037~~
	8199	+	4038
8196	8200		application; and
8197		-	~~4038~~
	8201	+	4039
8198	8202		(iv) require written justifications for modifying or denying a permit.
8199		-	~~4039~~
	8203	+	4040
8200	8204		(b) The department may delegate the administration of the rules to the highway
8201		-	- 119 - S.B. 195 ~~Enrolled Copy~~
8202		-	~~4040~~
	8205	+	- 119 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	8206	+	4041
8203	8207		authorities of a municipality.
8204		-	~~4041~~
	8208	+	4042
8205	8209		(c) In accordance with this section and Section 72-7-104, an approach road or driveway
8206		-	~~4042~~
	8210	+	4043
8207	8211		may not be constructed on a state highway without a permit issued under this section.
8208		-	~~4043~~
	8212	+	4044
8209	8213		(3) The department has jurisdiction and control over the entire right-of-way of interstate
8210		-	~~4044~~
	8214	+	4045
8211	8215		highways within municipalities and is responsible for the construction, maintenance, and
8212		-	~~4045~~
	8216	+	4046
8213	8217		regulation of the interstate highways within municipalities.
8214		-	~~4046~~
	8218	+	4047
8215	8219		Section 38. Section 72-6-118 is amended to read:
8216		-	~~4047~~
	8220	+	4048
8217	8221		72-6-118 (Effective 05/07/25). Definitions -- Establishment and operation of
8218		-	~~4048~~
	8222	+	4049
8219	8223		tollways -- Imposition and collection of tolls -- Amount of tolls -- Rulemaking.
8220		-	~~4049~~
	8224	+	4050
8221	8225		(1) As used in this section:
8222		-	~~4050~~
	8226	+	4051
8223	8227		(a) "High occupancy toll lane" means a high occupancy vehicle lane designated under
8224		-	~~4051~~
	8228	+	4052
8225	8229		Section 41-6a-702 that may be used by an operator of a vehicle carrying less than the
8226		-	~~4052~~
	8230	+	4053
8227	8231		number of persons specified for the high occupancy vehicle lane if the operator of the
8228		-	~~4053~~
	8232	+	4054
8229	8233		vehicle pays a toll or fee.
8230		-	~~4054~~
	8234	+	4055
8231	8235		(b) "Toll" means any tax, fee, or charge assessed for the specific use of a tollway.
8232		-	~~4055~~
	8236	+	4056
8233	8237		(c) "Toll lane" means a designated new highway or additional lane capacity that is
8234		-	~~4056~~
	8238	+	4057
8235	8239		constructed, operated, or maintained for which a toll is charged for its use.
8236		-	~~4057~~
	8240	+	4058
8237	8241		(d)(i) "Tollway" means a highway, highway lane, bridge, path, tunnel, or
8238		-	~~4058~~
	8242	+	4059
8239	8243		right-of-way designed and used as a transportation route that is constructed,
8240		-	~~4059~~
	8244	+	4060
8241	8245		operated, or maintained through the use of toll revenues.
8242		-	~~4060~~
	8246	+	4061
8243	8247		(ii) "Tollway" includes a high occupancy toll lane and a toll lane.
8244		-	~~4061~~
	8248	+	4062
8245	8249		(e) "Tollway development agreement" has the same meaning as defined in Section
8246		-	~~4062~~
	8250	+	4063
8247	8251		72-6-202.
8248		-	~~4063~~
	8252	+	4064
8249	8253		(2) Subject to the provisions of Subsection (3), the department may:
8250		-	~~4064~~
	8254	+	4065
8251	8255		(a) establish, expand, and operate tollways and related facilities for the purpose of
8252		-	~~4065~~
	8256	+	4066
8253	8257		funding in whole or in part the acquisition of right-of-way and the design,
8254		-	~~4066~~
	8258	+	4067
8255	8259		construction, reconstruction, operation, enforcement, and maintenance of or impacts
8256		-	~~4067~~
	8260	+	4068
8257	8261		from a transportation route for use by the public;
8258		-	~~4068~~
	8262	+	4069
8259	8263		(b) enter into contracts, agreements, licenses, franchises, tollway development
8260		-	~~4069~~
	8264	+	4070
8261	8265		agreements, or other arrangements to implement this section;
8262		-	~~4070~~
	8266	+	4071
8263	8267		(c) impose and collect tolls on any tollway established under this section, including
8264		-	~~4071~~
	8268	+	4072
8265	8269		collection of past due payment of a toll or penalty;
8266		-	~~4072~~
	8270	+	4073
8267	8271		(d) grant exclusive or nonexclusive rights to a private entity to impose and collect tolls
8268		-	~~4073~~
	8272	+	4074
8269	8273		pursuant to the terms and conditions of a tollway development agreement;
8270		-	- 120 - ~~Enrolled Copy~~ S.B. 195
8271		-	~~4074~~
	8274	+	- 120 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	8275	+	4075
8272	8276		(e) use technology to automatically monitor a tollway and collect payment of a toll,
8273		-	~~4075~~
	8277	+	4076
8274	8278		including:
8275		-	~~4076~~
	8279	+	4077
8276	8280		(i) license plate reading technology; and
8277		-	~~4077~~
	8281	+	4078
8278	8282		(ii) photographic or video recording technology; and
8279		-	~~4078~~
	8283	+	4079
8280	8284		(f) in accordance with Subsection (5), request that the Division of Motor Vehicles deny
8281		-	~~4079~~
	8285	+	4080
8282	8286		a request for registration of a motor vehicle if the motor vehicle owner has failed to
8283		-	~~4080~~
	8287	+	4081
8284	8288		pay a toll or penalty imposed for usage of a tollway involving the motor vehicle for
8285		-	~~4081~~
	8289	+	4082
8286	8290		which registration renewal has been requested.
8287		-	~~4082~~
	8291	+	4083
8288	8292		(3)(a) The department may establish or operate a tollway on an existing highway if
8289		-	~~4083~~
	8293	+	4084
8290	8294		approved by the commission in accordance with the terms of this section.
8291		-	~~4084~~
	8295	+	4085
8292	8296		(b) To establish a tollway on an existing highway, the department shall submit a
8293		-	~~4085~~
	8297	+	4086
8294	8298		proposal to the commission including:
8295		-	~~4086~~
	8299	+	4087
8296	8300		(i) a description of the tollway project;
8297		-	~~4087~~
	8301	+	4088
8298	8302		(ii) projected traffic on the tollway;
8299		-	~~4088~~
	8303	+	4089
8300	8304		(iii) the anticipated amount of the toll to be charged; and
8301		-	~~4089~~
	8305	+	4090
8302	8306		(iv) projected toll revenue.
8303		-	~~4090~~
	8307	+	4091
8304	8308		(4)(a) For a tollway established under this section, the department may:
8305		-	~~4091~~
	8309	+	4092
8306	8310		(i) according to the terms of each tollway, impose the toll upon the owner of a motor
8307		-	~~4092~~
	8311	+	4093
8308	8312		vehicle using the tollway according to the terms of the tollway;
8309		-	~~4093~~
	8313	+	4094
8310	8314		(ii) send [correspondence] notice to the owner of the motor vehicle to inform the
8311		-	~~4094~~
	8315	+	4095
8312	8316		owner of:
8313		-	~~4095~~
	8317	+	4096
8314	8318		(A) an unpaid toll and the amount of the toll to be paid to the department;
8315		-	~~4096~~
	8319	+	4097
8316	8320		(B) the penalty for failure to pay the toll timely;[ and]
8317		-	~~4097~~
	8321	+	4098
8318	8322		(C) [a] any hold being placed on the owner's registration for the motor vehicle if
8319		-	~~4098~~
	8323	+	4099
8320	8324		the toll and penalty are not paid timely, which would prevent the renewal of the
8321		-	~~4099~~
	8325	+	4100
8322	8326		motor vehicle's registration; and
8323		-	~~4100~~
	8327	+	4101
8324	8328		(D) any other information required by the terms of the tollway;
8325		-	~~4101~~
	8329	+	4102
8326	8330		(iii) require that the owner of the motor vehicle pay the toll to the department within
8327		-	~~4102~~
	8331	+	4103
8328	8332		30 days of the date when the department sends written notice of the toll to the
8329		-	~~4103~~
	8333	+	4104
8330	8334		owner; and
8331		-	~~4104~~
	8335	+	4105
8332	8336		(iv) impose a penalty for failure to pay a toll timely.
8333		-	~~4105~~
	8337	+	4106
8334	8338		(b) The department shall [mail the correspondence and ] provide the notice described in
8335		-	~~4106~~
	8339	+	4107
8336	8340		Subsection (4)(a) to the owner of the motor vehicle according to the terms of a
8337		-	~~4107~~
	8341	+	4108
8338	8342		tollway.
8339		-	- 121 - S.B. 195 ~~Enrolled Copy~~
8340		-	~~4108~~
	8343	+	- 121 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	8344	+	4109
8341	8345		(5)(a) The Division of Motor Vehicles and the department shall share and provide access
8342		-	~~4109~~
	8346	+	4110
8343	8347		to information pertaining to a motor vehicle and tollway enforcement including:
8344		-	~~4110~~
	8348	+	4111
8345	8349		(i) registration and ownership information pertaining to a motor vehicle;
8346		-	~~4111~~
	8350	+	4112
8347	8351		(ii) information regarding the failure of a motor vehicle owner to timely pay a toll or
8348		-	~~4112~~
	8352	+	4113
8349	8353		penalty imposed under this section; and
8350		-	~~4113~~
	8354	+	4114
8351	8355		(iii) the status of a request for a hold on the registration of a motor vehicle.
8352		-	~~4114~~
	8356	+	4115
8353	8357		(b) If the department requests a hold on the registration in accordance with this section,
8354		-	~~4115~~
	8358	+	4116
8355	8359		the Division of Motor Vehicles may not renew the registration of a motor vehicle
8356		-	~~4116~~
	8360	+	4117
8357	8361		under Title 41, Chapter 1a, Part 2, Registration, if the owner of the motor vehicle has
8358		-	~~4117~~
	8362	+	4118
8359	8363		failed to pay a toll or penalty imposed under this section for usage of a tollway
8360		-	~~4118~~
	8364	+	4119
8361	8365		involving the motor vehicle for which registration renewal has been requested until
8362		-	~~4119~~
	8366	+	4120
8363	8367		the department withdraws the hold request.
8364		-	~~4120~~
	8368	+	4121
8365	8369		(6)(a) Except as provided in Subsection (6)(b), in accordance with Title 63G, Chapter 3,
8366		-	~~4121~~
	8370	+	4122
8367	8371		Utah Administrative Rulemaking Act, the commission shall:
8368		-	~~4122~~
	8372	+	4123
8369	8373		(i) set the amount of any toll imposed or collected on a tollway on a state highway;
8370		-	~~4123~~
	8374	+	4124
8371	8375		and
8372		-	~~4124~~
	8376	+	4125
8373	8377		(ii) for tolls established under Subsection (6)(b), set:
8374		-	~~4125~~
	8378	+	4126
8375	8379		(A) an increase in a toll rate or user fee above an increase specified in a tollway
8376		-	~~4126~~
	8380	+	4127
8377	8381		development agreement; or
8378		-	~~4127~~
	8382	+	4128
8379	8383		(B) an increase in a toll rate or user fee above a maximum toll rate specified in a
8380		-	~~4128~~
	8384	+	4129
8381	8385		tollway development agreement.
8382		-	~~4129~~
	8386	+	4130
8383	8387		(b) A toll or user fee and an increase to a toll or user fee imposed or collected on a
8384		-	~~4130~~
	8388	+	4131
8385	8389		tollway on a state highway that is the subject of a tollway development agreement
8386		-	~~4131~~
	8390	+	4132
8387	8391		shall be set in the tollway development agreement.
8388		-	~~4132~~
	8392	+	4133
8389	8393		(7)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
8390		-	~~4133~~
	8394	+	4134
8391	8395		the department shall make rules:
8392		-	~~4134~~
	8396	+	4135
8393	8397		(i) necessary to establish and operate tollways on state highways;
8394		-	~~4135~~
	8398	+	4136
8395	8399		(ii) that establish standards and specifications for automatic tolling systems and
8396		-	~~4136~~
	8400	+	4137
8397	8401		automatic tollway monitoring technology; and
8398		-	~~4137~~
	8402	+	4138
8399	8403		(iii) to set the amount of a penalty for failure to pay a toll under this section.
8400		-	~~4138~~
	8404	+	4139
8401	8405		(b) The rules shall:
8402		-	~~4139~~
	8406	+	4140
8403	8407		(i) include minimum criteria for having a tollway; and
8404		-	~~4140~~
	8408	+	4141
8405	8409		(ii) conform to regional and national standards for automatic tolling.
8406		-	~~4141~~
	8410	+	4142
8407	8411		(8)(a) The commission may provide funds for public or private tollway pilot projects or
8408		-	- 122 - ~~Enrolled Copy~~ S.B. 195
8409		-	~~4142~~
	8412	+	- 122 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	8413	+	4143
8410	8414		high occupancy toll lanes from General Fund money appropriated by the Legislature
8411		-	~~4143~~
	8415	+	4144
8412	8416		to the commission for that purpose.
8413		-	~~4144~~
	8417	+	4145
8414	8418		(b) The commission may determine priorities and funding levels for tollways designated
8415		-	~~4145~~
	8419	+	4146
8416	8420		under this section.
8417		-	~~4146~~
	8421	+	4147
8418	8422		(9)(a) Except as provided in Subsection (9)(b), all revenue generated from a tollway on a
8419		-	~~4147~~
	8423	+	4148
8420	8424		state highway shall be deposited into the Tollway Special Revenue Fund created in
8421		-	~~4148~~
	8425	+	4149
8422	8426		Section 72-2-120 and used for any state transportation purpose.
8423		-	~~4149~~
	8427	+	4150
8424	8428		(b) Revenue generated from a tollway that is the subject of a tollway development
8425		-	~~4150~~
	8429	+	4151
8426	8430		agreement shall be deposited into the Tollway Special Revenue Fund and used in
8427		-	~~4151~~
	8431	+	4152
8428	8432		accordance with Subsection (9)(a) unless:
8429		-	~~4152~~
	8433	+	4153
8430	8434		(i) the revenue is to a private entity through the tollway development agreement; or
8431		-	~~4153~~
	8435	+	4154
8432	8436		(ii) the revenue is identified for a different purpose under the tollway development
8433		-	~~4154~~
	8437	+	4155
8434	8438		agreement.
8435		-	~~4155~~
	8439	+	4156
8436	8440		(10) Data described in Subsection (2)(e) obtained for the purposes of this section:
8437		-	~~4156~~
	8441	+	4157
8438	8442		(a) in accordance with Section 63G-2-305, is a protected record under Title 63G,
8439		-	~~4157~~
	8443	+	4158
8440	8444		Chapter 2, Government Records Access and Management Act, if the photographic or
8441		-	~~4158~~
	8445	+	4159
8442	8446		video data is maintained by a governmental entity;
8443		-	~~4159~~
	8447	+	4160
8444	8448		(b) may not be used or shared for any purpose other than the purposes described in this
8445		-	~~4160~~
	8449	+	4161
8446	8450		section;
8447		-	~~4161~~
	8451	+	4162
8448	8452		(c) may only be preserved:
8449		-	~~4162~~
	8453	+	4163
8450	8454		(i) so long as necessary to collect the payment of a toll or penalty imposed in
8451		-	~~4163~~
	8455	+	4164
8452	8456		accordance with this section; or
8453		-	~~4164~~
	8457	+	4165
8454	8458		(ii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
8455		-	~~4165~~
	8459	+	4166
8456	8460		equivalent federal warrant; and
8457		-	~~4166~~
	8461	+	4167
8458	8462		(d) may only be disclosed:
8459		-	~~4167~~
	8463	+	4168
8460	8464		(i) in accordance with the disclosure requirements for a protected record under
8461		-	~~4168~~
	8465	+	4169
8462	8466		Section 63G-2-202; or
8463		-	~~4169~~
	8467	+	4170
8464	8468		(ii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
8465		-	~~4170~~
	8469	+	4171
8466	8470		equivalent federal warrant.
8467		-	~~4171~~
	8471	+	4172
8468	8472		(11)(a) The department may not sell for any purpose photographic or video data
8469		-	~~4172~~
	8473	+	4173
8470	8474		captured under Subsection (2)(e)(ii).
8471		-	~~4173~~
	8475	+	4174
8472	8476		(b) The department may not share captured photographic or video data for a purpose not
8473		-	~~4174~~
	8477	+	4175
8474	8478		authorized under this section.
8475		-	~~4175~~
	8479	+	4176
8476	8480		Section 39. Section 72-6-206 is amended to read:
8477		-	- 123 - S.B. 195 ~~Enrolled Copy~~
8478		-	~~4176~~
	8481	+	- 123 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	8482	+	4177
8479	8483		72-6-206 (Effective 05/07/25). Commission approval and legislative review of
8480		-	~~4177~~
	8484	+	4178
8481	8485		tollway development agreement provisions.
8482		-	~~4178~~
	8486	+	4179
8483	8487		(1) Prior to the department entering into a tollway development agreement under Section
8484		-	~~4179~~
	8488	+	4180
8485	8489		72-6-203, the department shall submit to the commission for approval the tollway
8486		-	~~4180~~
	8490	+	4181
8487	8491		development agreement, including:
8488		-	~~4181~~
	8492	+	4182
8489	8493		(a) a description of the tollway facility, including the conceptual design of the facility
8490		-	~~4182~~
	8494	+	4183
8491	8495		and all proposed interconnections with other transportation facilities;
8492		-	~~4183~~
	8496	+	4184
8493	8497		(b) the proposed date for development, operation, or both of the tollway facility;
8494		-	~~4184~~
	8498	+	4185
8495	8499		(c) the proposed term of the tollway development agreement;
8496		-	~~4185~~
	8500	+	4186
8497	8501		(d) the proposed method to determine toll rates or user fees, including:
8498		-	~~4186~~
	8502	+	4187
8499	8503		(i) identification of vehicle or user classifications, or both, for toll rates;
8500		-	~~4187~~
	8504	+	4188
8501	8505		(ii) the original proposed toll rate or user fee for the tollway facility;
8502		-	~~4188~~
	8506	+	4189
8503	8507		(iii) proposed toll rate or user fee increases; and
8504		-	~~4189~~
	8508	+	4190
8505	8509		(iv) a maximum toll rate or user fee for the tollway facility; and
8506		-	~~4190~~
	8510	+	4191
8507	8511		(e) any proposed revenue, public or private, or proposed debt or equity investment that
8508		-	~~4191~~
	8512	+	4192
8509	8513		will be used for the design, construction, financing, acquisition, maintenance, or
8510		-	~~4192~~
	8514	+	4193
8511	8515		operation of the tollway facility.
8512		-	~~4193~~
	8516	+	4194
8513	8517		(2) Prior to amending or modifying a tollway development agreement, the department shall
8514		-	~~4194~~
	8518	+	4195
8515	8519		submit the proposed amendment or modification to the commission for approval.
8516		-	~~4195~~
	8520	+	4196
8517	8521		(3) The department shall annually report to the Transportation Interim Committee [or
8518		-	~~4196~~
	8522	+	4197
8519	8523		another committee designated by the Legislative Management Committee ]on the status
8520		-	~~4197~~
	8524	+	4198
8521	8525		and progress of a tollway subject to a tollway development agreement under Section
8522		-	~~4198~~
	8526	+	4199
8523	8527		72-6-203.
8524		-	~~4199~~
	8528	+	4200
8525	8529		Section 40. Section 72-10-109 is amended to read:
8526		-	~~4200~~
	8530	+	4201
8527	8531		72-10-109 (Effective 05/07/25). Certificate of registration of aircraft required --
8528		-	~~4201~~
	8532	+	4202
8529	8533		Exceptions.
8530		-	~~4202~~
	8534	+	4203
8531	8535		(1) Except as provided in Subsection (2), a person may not operate, pilot, or navigate, or
8532		-	~~4203~~
	8536	+	4204
8533	8537		cause or authorize to be operated, piloted, or navigated within this state any civil aircraft [
8534		-	~~4204~~
	8538	+	4205
8535	8539		operating] based in this state for 181 or more days within any consecutive 12-month
8536		-	~~4205~~
	8540	+	4206
8537	8541		period unless the aircraft has a current certificate of registration issued by the department.
8538		-	~~4206~~
	8542	+	4207
8539	8543		(2) The state registration requirement under Subsection (1) does not apply to:
8540		-	~~4207~~
	8544	+	4208
8541	8545		(a) aircraft licensed by a foreign country with which the United States has a reciprocal
8542		-	~~4208~~
	8546	+	4209
8543	8547		agreement covering the operations of the registered aircraft;
8544		-	~~4209~~
	8548	+	4210
8545	8549		(b) a non-passenger-carrying flight solely for inspection or test purposes authorized by
8546		-	- 124 - ~~Enrolled Copy~~ S.B. 195
8547		-	~~4210~~
	8550	+	- 124 - 03-06 08:58 7th Sub. (Buff) S.B. 195
	8551	+	4211
8548	8552		the Federal Aviation Administration to be made without the certificate of registration;
8549		-	~~4211~~
	8553	+	4212
8550	8554		or
8551		-	~~4212~~
	8555	+	4213
8552	8556		(c) aircraft operating under 14 C.F.R. Part 121, with a maximum takeoff weight
8553		-	~~4213~~
	8557	+	4214
8554	8558		exceeding 35,000 pounds.
8555		-	~~4214~~
	8559	+	4215
8556	8560		(3) Beginning on January 1, 2025, a person may not operate in this state an unmanned
8557		-	~~4215~~
	8561	+	4216
8558	8562		aircraft system or an advanced air mobility aircraft for commercial operation for which
8559		-	~~4216~~
	8563	+	4217
8560	8564		certification is required under 14 C.F.R. Part 107 or 135 unless the aircraft has a current
8561		-	~~4217~~
	8565	+	4218
8562	8566		certificate of registration issued by the department.
8563		-	~~4218~~
	8567	+	4219
8564	8568		(4) The department shall, on or before December 31 of each calendar year, provide to the
8565		-	~~4219~~
	8569	+	4220
8566	8570		State Tax Commission a list of each aircraft for which a current certificate of registration
8567		-	~~4220~~
	8571	+	4221
8568	8572		is issued by the department under Subsection (1).
8569		-	~~4221~~
	8573	+	4222
8570	8574		Section 41. Repealer.
8571		-	~~4222~~
	8575	+	4223
8572	8576		This bill repeals:
8573		-	~~4223~~
	8577	+	4224
8574	8578		Section 63B-8-503, Highway intent language.
8575		-	~~4224~~
	8579	+	4225
8576	8580		Section 72-2-118, Centennial Highway Fund.
8577		-	~~4225~~
	8581	+	4226
8578	8582		Section 72-4-222, Governor Scott Matheson and Senator Jake Garn Rest Area.
8579		-	~~4226~~
	8583	+	4227
8580	8584		Section 42. FY 2026 Appropriations.
8581		-	~~4227~~
	8585	+	4228
8582	8586		The following sums of money are appropriated for the fiscal year beginning July 1,
8583		-	~~4228~~
	8587	+	4229
8584	8588		2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
8585		-	~~4229~~
	8589	+	4230
8586	8590		fiscal year 2026.
8587		-	~~4230~~
	8591	+	4231
8588	8592		Subsection 42(a). Capital Project Funds
8589		-	~~4231~~
	8593	+	4232
8590	8594		The Legislature has reviewed the following capital project funds. The Legislature
8591		-	~~4232~~
	8595	+	4233
8592	8596		authorizes the State Division of Finance to transfer amounts between funds and accounts as
8593		-	~~4233~~
	8597	+	4234
8594	8598		indicated.
8595		-	~~4234~~
	8599	+	4235
8596	8600		ITEM 1 To Transportation - Transportation Investment Fund of 2005
8597		-	~~4235~~
	8601	+	4236
8598	8602		From General Fund (330,000,000)
8599		-	~~4236~~
	8603	+	4237
8600	8604		Schedule of Programs:
8601		-	~~4237~~
	8605	+	4238
8602	8606		Transportation Investment Fund (330,000,000)
8603		-	~~4238~~
	8607	+	4239
8604	8608		Section 43. Effective Date.
8605		-	~~4239~~
	8609	+	4240
8606	8610		(1) Except as provided in Subsections (2) and (3), this bill takes effect May 7, 2025.
8607		-	~~4240~~
	8611	+	4241
8608	8612		(2) The actions affecting Section 72-1-217 and Section 72-2-121 take effect:
8609		-	~~4241~~
	8613	+	4242
8610	8614		(a) except as provided in Subsection (2)(b), May 7, 2025; or
8611		-	~~4242~~
	8615	+	4243
8612	8616		(b) if approved by two-thirds of all members elected to each house:
8613		-	~~4243~~
	8617	+	4244
8614	8618		(i) upon approval by the governor;
8615		-	- 125 - S.B. 195 ~~Enrolled Copy~~
8616		-	~~4244~~
	8619	+	- 125 - 7th Sub. (Buff) S.B. 195 03-06 08:58
	8620	+	4245
8617	8621		(ii) without the governor's signature, the day following the constitutional time limit of
8618		-	~~4245~~
	8622	+	4246
8619	8623		Utah Constitution, Article VII, Section 8; or
8620		-	~~4246~~
	8624	+	4247
8621	8625		(iii) in the case of a veto, the date of veto override.
8622		-	~~4247~~
	8626	+	4248
8623	8627		(3) The actions affecting Section 59-12-103 (Effective 07/01/25) and Section 72-2-106
8624		-	~~4248~~
	8628	+	4249
8625	8629		(Effective 07/01/25) take effect on July 1, 2025.
8626	8630		- 126 -