Enrolled Copy S.B. 195
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Transportation Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: Kay J. Christofferson
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LONG TITLE
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General Description:
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This bill amends provisions related to transportation items, transportation mobility plans,
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and adherence to proposed phases of certain transportation developments.
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Highlighted Provisions:
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This bill:
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▸ requires cities and metropolitan planning organizations to identify transportation
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connectivity impediments and provide a report on plans to address transportation
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connectivity;
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▸ requires periodic reporting and follow up on certain station area plans;
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▸ requires property acquired by the Department of Transportation for a public transit
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purpose remain under the ownership of the Department of Transportation;
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▸ designates certain legislative committees as recipients for certain required reports;
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▸ creates requirements for air ambulance dispatch services;
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▸ adjusts a sales and use tax earmark percentage to increase funding for transportation;
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▸ extends a deadline for certain sales and use taxes to be allocated for public transit
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innovation grants;
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▸ reinstates certain funding to the Department of Transportation for litter mitigation that
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was reduced due to the COVID-19 pandemic;
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▸ requires the Department of Transportation to adhere to phasing of projects if required by
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the environmental impact statement;
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▸ repeals certain outdated language and makes other technical changes;
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▸ allocates revenue for certain road projects;
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▸ requires the Department of Transportation and Salt Lake City to coordinate on certain
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traffic studies and planning; S.B. 195 Enrolled Copy
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▸ repeals certain highway-related name designations;
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▸ provides maintenance responsibilities for certain street light infrastructure; and
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▸ makes other technical changes.
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Money Appropriated in this Bill:
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This bill appropriates ($330,000,000) in capital project funds for fiscal year 2026, all of
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which is from the General Fund.
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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10-9a-403.1 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 219
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17B-2a-824 (Effective 05/07/25), as enacted by Laws of Utah 2007, Chapter 329
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41-6a-102 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 236
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41-6a-1102 (Effective 05/07/25), as renumbered and amended by Laws of Utah 2005,
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Chapter 2
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41-6a-1116 (Effective 05/07/25), as last amended by Laws of Utah 2015, Chapter 412
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41-6a-1642 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 459,
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483
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53-2a-1102 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapters 34,
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471
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53-2d-101 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 147,
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438 and 506
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59-12-103 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapters 88, 501
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59-12-2212.2 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 498
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59-12-2219 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 498
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59-12-2220 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 498,
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501
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63B-11-502 (Effective 05/07/25), as last amended by Laws of Utah 2010, Chapter 263
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63B-31-101 (Effective 05/07/25), as last amended by Laws of Utah 2021, First Special
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Session, Chapter 8
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63I-1-272 (Effective 05/07/25), as last amended by Laws of Utah 2024, Third Special
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Session, Chapter 5
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63J-3-103 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 77
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72-1-201 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 517
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72-1-212 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 524
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72-1-213.1 (Effective 05/07/25), as last amended by Laws of Utah 2022, Chapters 56,
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259
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72-1-217 (Effective upon governor's approval), as enacted by Laws of Utah 2023,
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Chapter 366
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72-1-303 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 498
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72-1-304 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 517
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72-1-305 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapters 22, 219
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72-2-106 (Effective 07/01/25), as last amended by Laws of Utah 2023, Chapter 22
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72-2-121 (Effective upon governor's approval), as last amended by Laws of Utah 2024,
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Chapters 300, 498 and 501
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72-2-121.3 (Effective 05/07/25), as last amended by Laws of Utah 2020, Chapter 366
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72-2-123 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 22
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72-2-124 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 498, 501
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72-2-303 (Effective 05/07/25), as enacted by Laws of Utah 2024, Chapter 501
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72-2-401 (Effective 05/07/25), as enacted by Laws of Utah 2024, Chapter 498
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72-2-402 (Effective 05/07/25), as enacted by Laws of Utah 2024, Chapter 498
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72-2-403 (Effective 05/07/25), as enacted by Laws of Utah 2024, Chapter 498
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72-3-109 (Effective 05/07/25), as last amended by Laws of Utah 2018, Chapter 403
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72-6-118 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 517
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72-6-206 (Effective 05/07/25), as last amended by Laws of Utah 2016, Chapter 222
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72-10-109 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 483,
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485
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ENACTS:
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10-8-87 (Effective 05/07/25), Utah Code Annotated 1953
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41-6a-1121 (Effective 05/07/25), Utah Code Annotated 1953
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41-6a-1122 (Effective 05/07/25), Utah Code Annotated 1953
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53-2d-517 (Effective 05/07/25), Utah Code Annotated 1953
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REPEALS:
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63B-8-503 (Effective 05/07/25), as enacted by Laws of Utah 1999, Chapter 331
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72-2-118 (Effective 05/07/25), as last amended by Laws of Utah 2018, Chapter 281
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72-4-222 (Effective 05/07/25), as enacted by Laws of Utah 2024, Chapter 435
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 10-8-87 is enacted to read:
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10-8-87 (Effective 05/07/25). Transportation connectivity plan -- Reporting.
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(1) On or before July 1, 2027, a municipality within a metropolitan planning organization
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boundary shall, in consultation with relevant stakeholders, update the transportation and
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traffic circulation element of the municipality's general plan as described in Subsection
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10-9a-403(2)(a)(ii) to identify priority connections to remedy physical impediments,
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including water conveyances, that would improve circulation and enhance vehicle,
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transit, bicycle, or pedestrian access to significant economic, educational, recreational,
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and other priority destinations.
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(2) For a priority connection identified pursuant to Subsection (1), a municipality shall
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identify:
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(a) cost estimates;
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(b) potential funding sources, including state, local, federal, and private funding; and
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(c) impediments to constructing the connections.
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(3)(a) A metropolitan planning organization, in consultation with each affected
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municipality, shall report to the Transportation Interim Committee regarding:
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(i) the status of the required municipal modifications to general plans required by
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Subsection (2);
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(ii) the status of a regional roadway grid network study;
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(iii) physical and other impediments to constructing priority transportation
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connections; and
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(iv) potential funding sources, including state, local, federal, and private funding, to
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make transportation connectivity improvements.
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(b) The metropolitan planning organization shall provide the report described in
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Subsection (3)(a) on or before November 1 of 2025, 2026, and 2027.
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(4) Enhancement of transportation connectivity as described in Subsection (1) shall be
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given consideration in the prioritization processes described in Sections 72-1-304 and
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72-2-302.
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Section 2. Section 10-9a-403.1 is amended to read:
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10-9a-403.1 (Effective 05/07/25). Station area plan requirements -- Contents --
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Review and certification by applicable metropolitan planning organization.
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(1) As used in this section:
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(a) "Applicable metropolitan planning organization" means the metropolitan planning
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organization that has jurisdiction over the area in which a fixed guideway public
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transit station is located.
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(b) "Applicable public transit district" means the public transit district, as defined in
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Section 17B-2a-802, of which a fixed guideway public transit station is included.
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(c) "Existing fixed guideway public transit station" means a fixed guideway public
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transit station for which construction begins before June 1, 2022.
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(d) "Fixed guideway" means the same as that term is defined in Section 59-12-102.
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(e) "Metropolitan planning organization" means an organization established under 23
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U.S.C. Sec. 134.
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(f) "New fixed guideway public transit station" means a fixed guideway public transit
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station for which construction begins on or after June 1, 2022.
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(g) "Qualifying land use petition" means a petition:
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(i) that involves land located within a station area for an existing public transit station
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that provides rail services;
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(ii) that involves land located within a station area for which the municipality has not
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yet satisfied the requirements of Subsection (2)(a);
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(iii) that proposes the development of an area greater than five contiguous acres, with
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no less than 51% of the acreage within the station area;
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(iv) that would require the municipality to amend the municipality's general plan or
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change a zoning designation for the land use application to be approved;
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(v) that would require a higher density than the density currently allowed by the
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municipality;
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(vi) that proposes the construction of new residential units, at least 10% of which are
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dedicated to moderate income housing; and
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(vii) for which the land use applicant requests the municipality to initiate the process
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of satisfying the requirements of Subsection (2)(a) for the station area in which the
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development is proposed, subject to Subsection (3)(d).
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(h)(i) "Station area" means:
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(A) for a fixed guideway public transit station that provides rail services, the area
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within a one-half mile radius of the center of the fixed guideway public transit
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station platform; or
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(B) for a fixed guideway public transit station that provides bus services only, the
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area within a one-fourth mile radius of the center of the fixed guideway public
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transit station platform.
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(ii) "Station area" includes any parcel bisected by the radius limitation described in
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Subsection (1)(h)(i)(A) or (B).
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(i) "Station area plan" means a plan that:
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(i) establishes a vision, and the actions needed to implement that vision, for the
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development of land within a station area; and
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(ii) is developed and adopted in accordance with this section.
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(2)(a) Subject to the requirements of this section, a municipality that has a fixed
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guideway public transit station located within the municipality's boundaries shall, for
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the station area:
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(i) develop and adopt a station area plan; and
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(ii) adopt any appropriate land use regulations to implement the station area plan.
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(b) The requirements of Subsection (2)(a) shall be considered satisfied if:
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(i)(A) the municipality has already adopted plans or ordinances, approved land use
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applications, approved agreements or financing, or investments have been
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made, before June 1, 2022, that substantially promote each of the objectives in
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Subsection (7)(a) within the station area, and can demonstrate that such plans,
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ordinances, approved land use applications, approved agreements or financing,
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or investments are still relevant to making meaningful progress towards
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achieving such objectives; and
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(B) the municipality adopts a resolution finding that the objectives of Subsection
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(7)(a) have been substantially promoted.
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(ii)(A) the municipality has determined that conditions exist that make satisfying a
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portion or all of the requirements of Subsection (2)(a) for a station area
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impracticable, including conditions that relate to existing development,
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entitlements, land ownership, land uses that make opportunities for new
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development and long-term redevelopment infeasible, environmental
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limitations, market readiness, development impediment conditions, or other
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similar conditions; and
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(B) the municipality adopts a resolution describing the conditions that exist to
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make satisfying the requirements of Subsection (2)(a) impracticable.
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(c) To the extent that previous actions by a municipality do not satisfy the requirements
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of Subsection (2)(a) for a station area, the municipality shall take the actions
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necessary to satisfy those requirements.
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(3)(a) A municipality that has a new fixed guideway public transit station located within
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the municipality's boundaries shall satisfy the requirements of Subsection (2)(a) for
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the station area surrounding the new fixed guideway public transit station before the
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new fixed guideway public transit station begins transit services.
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(b) Except as provided in Subsections (3)(c) and (d), a municipality that has an existing
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fixed guideway public transit station located within the municipality's boundaries
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shall satisfy the requirements of Subsection (2)(a) for the station area surrounding the
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existing fixed guideway public transit station on or before December 31, 2025.
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(c) If a municipality has more than four existing fixed guideway public transit stations
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located within the municipality's boundaries, the municipality shall:
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(i) on or before December 31, 2025, satisfy the requirements of Subsection (2)(a) for
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four or more station areas located within the municipality; and
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(ii) on or before December 31 of each year thereafter, satisfy the requirements of
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Subsection (2)(a) for no less than two station areas located within the municipality
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until the municipality has satisfied the requirements of Subsection (2)(a) for each
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station area located within the municipality.
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(d)(i) Subject to Subsection (3)(d)(ii):
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(A) if a municipality receives a complete qualifying land use petition on or before
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July 1, 2022, the municipality shall satisfy the requirements of Subsection
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(2)(a) for the station area in which the development is proposed on or before
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July 1, 2023; and
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(B) if a municipality receives a complete qualifying land use petition after July 1,
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2022, the municipality shall satisfy the requirements of Subsection (2)(a) for
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the station area in which the development is proposed within a 12-month
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period beginning on the first day of the month immediately following the
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month in which the qualifying land use petition is submitted to the
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municipality, and shall notify the applicable metropolitan planning
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organization of the receipt of the qualified land use petition within 45 days of
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the date of receipt.
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(ii)(A) A municipality is not required to satisfy the requirements of Subsection
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(2)(a) for more than two station areas under Subsection (3)(d)(i) within any
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12-month period.
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(B) If a municipality receives more than two complete qualifying land use
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petitions on or before July 1, 2022, the municipality shall select two station
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areas for which the municipality will satisfy the requirements of Subsection
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(2)(a) in accordance with Subsection (3)(d)(i)(A).
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(iii) A municipality shall process on a first priority basis a land use application,
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including an application for a building permit, if:
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(A) the land use application is for a residential use within a station area for which
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the municipality has not satisfied the requirements of Subsection (2)(a); and
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(B) the municipality would be required to change a zoning designation for the
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land use application to be approved.
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(e) Notwithstanding Subsections (3)(a) through (d), the time period for satisfying the
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requirements of Subsection (2)(a) for a station area may be extended once for a
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period of 12 months if:
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(i) the municipality demonstrates to the applicable metropolitan planning
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organization that conditions exist that make satisfying the requirements of
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Subsection (2)(a) within the required time period infeasible, despite the
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municipality's good faith efforts; and
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(ii) the applicable metropolitan planning organization certifies to the municipality in
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writing that the municipality satisfied the demonstration in Subsection (3)(e)(i).
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(4)(a) Except as provided in Subsection (4)(b), if a station area is included within the
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boundaries of more than one municipality, each municipality with jurisdiction over
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the station area shall satisfy the requirements of Subsection (2)(a) for the portion of
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the station area over which the municipality has jurisdiction.
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(b) Two or more municipalities with jurisdiction over a station area may coordinate to
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develop a shared station area plan for the entire station area.
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(5) A municipality that has more than one fixed guideway public transit station located
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within the municipality may, through an integrated process, develop station area plans
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for multiple station areas if the station areas are within close proximity of each other.
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(6)(a) A municipality that is required to develop and adopt a station area plan under this
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section may request technical assistance from the applicable metropolitan planning
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organization.
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(b) An applicable metropolitan planning organization that receives funds from the
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Governor's Office of Economic Opportunity under Section 63N-3-113 shall, when
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utilizing the funds, give priority consideration to requests for technical assistance for
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station area plans required under Subsection (3)(d).
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(7)(a) A station area plan shall promote the following objectives within the station area:
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(i) increasing the availability and affordability of housing, including moderate
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income housing;
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(ii) promoting sustainable environmental conditions;
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(iii) enhancing access to opportunities; and
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(iv) increasing transportation choices and connections.
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(b)(i) To promote the objective described in Subsection (7)(a)(i), a municipality may
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consider implementing the following actions:
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(A) aligning the station area plan with the moderate income housing element of
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the municipality's general plan;
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(B) providing for densities necessary to facilitate the development of moderate
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income housing;
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(C) providing for affordable costs of living in connection with housing,
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transportation, and parking; or
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(D) any other similar action that promotes the objective described in Subsection
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(7)(a)(i).
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(ii) To promote the objective described in Subsection (7)(a)(ii), a municipality may
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consider implementing the following actions:
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(A) conserving water resources through efficient land use;
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(B) improving air quality by reducing fuel consumption and motor vehicle trips;
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(C) establishing parks, open spaces, and recreational opportunities; or
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(D) any other similar action that promotes the objective described in Subsection
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(7)(a)(ii).
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(iii) To promote the objective described in Subsection (7)(a)(iii), a municipality may
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consider the following actions:
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(A) maintaining and improving the connections between housing, transit,
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employment, education, recreation, and commerce;
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(B) encouraging mixed-use development;
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(C) enabling employment and educational opportunities within the station area;
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(D) encouraging and promoting enhanced broadband connectivity; or
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(E) any other similar action that promotes the objective described in Subsection
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(7)(a)(iii).
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(iv) To promote the objective described in Subsection (7)(a)(iv), a municipality may
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consider the following:
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(A) supporting investment in infrastructure for all modes of transportation;
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(B) increasing utilization of public transit;
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(C) encouraging safe streets through the designation of pedestrian walkways and
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bicycle lanes;
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(D) encouraging manageable and reliable traffic conditions;
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(E) aligning the station area plan with the regional transportation plan of the
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applicable metropolitan planning organization; or
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(F) any other similar action that promotes the objective described in Subsection
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(7)(a)(iv).
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(8) A station area plan shall include the following components:
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(a) a station area vision that:
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(i) is consistent with Subsection (7); and
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(ii) describes the following:
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(A) opportunities for the development of land within the station area under
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existing conditions;
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(B) constraints on the development of land within the station area under existing
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conditions;
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(C) the municipality's objectives for the transportation system within the station
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area and the future transportation system that meets those objectives;
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(D) the municipality's objectives for land uses within the station area and the
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future land uses that meet those objectives;
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(E) the municipality's objectives for public and open spaces within the station area
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and the future public and open spaces that meet those objectives; and
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(F) the municipality's objectives for the development of land within the station
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area and the future development standards that meet those objectives;
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(b) a map that depicts:
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(i) the station area;
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(ii) the area within the station area to which the station area plan applies, provided
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that the station area plan may apply to areas outside the station area, and the
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station area plan is not required to apply to the entire station area; and
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(iii) the area where each action is needed to implement the station area plan;
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(c) an implementation plan that identifies and describes each action needed within the
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next five years to implement the station area plan, and the party responsible for
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taking each action, including any actions to:
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(i) modify land use regulations;
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(ii) make infrastructure improvements;
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(iii) modify deeds or other relevant legal documents;
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(iv) secure funding or develop funding strategies;
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(v) establish design standards for development within the station area; or
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(vi) provide environmental remediation;
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(d) a statement that explains how the station area plan promotes the objectives described
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in Subsection (7)(a); and
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(e) as an alternative or supplement to the requirements of Subsection (7) or this
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Subsection (8), and for purposes of Subsection (2)(b)(ii), a statement that describes
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any conditions that would make the following impracticable:
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(i) promoting the objectives described in Subsection (7)(a); or
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(ii) satisfying the requirements of this Subsection (8).
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(9) A municipality shall develop a station area plan with the involvement of all relevant
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stakeholders that have an interest in the station area through public outreach and
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community engagement, including:
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(a) other impacted communities;
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(b) the applicable public transit district;
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(c) the applicable metropolitan planning organization;
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(d) the Department of Transportation;
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(e) owners of property within the station area; and
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(f) the municipality's residents and business owners.
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(10)(a) A municipality that is required to develop and adopt a station area plan for a
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station area under this section shall submit to the applicable metropolitan planning
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organization and the applicable public transit district documentation evidencing that
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the municipality has satisfied the requirement of Subsection (2)(a)(i) for the station
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area, including:
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(i) a station area plan; or
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(ii) a resolution adopted under Subsection (2)(b)(i) or (ii).
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(b) The applicable metropolitan planning organization, in consultation with the
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applicable public transit district, shall:
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(i) review the documentation submitted under Subsection (10)(a) to determine the
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municipality's compliance with this section; and
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(ii) provide written certification to the municipality if the applicable metropolitan
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planning organization determines that the municipality has satisfied the
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requirement of Subsection (2)(a)(i) for the station area.
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(c) The municipality shall include the certification described in Subsection (10)(b)(ii) in
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the municipality's report to the Department of Workforce Services under Section
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10-9a-408.
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(11)(a) Following certification by a metropolitan planning organization of a
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municipality's station area plan under Subsection (10)(b)(ii), the municipality shall
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provide a report to the applicable metropolitan planning organization on or before
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December 31 of the fifth year after the year in which the station area plan was
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certified, and every five years thereafter for a period not to exceed 15 years.
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(b) The report described in Subsection (11)(a) shall:
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(i) contain the status of advancing the station area plan objectives, including, if
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applicable, actions described in the implementation plan required in Subsection
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(8)(c); and
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(ii) identify potential actions over the next five years that would advance the station
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area plan objectives.
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(c) If a municipality has multiple certified station area plans, the municipality may
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consolidate the reports required in Subsection (11)(a) for the purpose of submitting
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reports to the metropolitan planning organization.
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Section 3. Section 17B-2a-824 is amended to read:
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17B-2a-824 (Effective 05/07/25). Property acquired on behalf of a public transit
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district.
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(1) [Title] Except as provided in Subsection (3), title to property acquired on behalf of a
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public transit district under this part immediately and by operation of law vests in the
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public transit district.
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(2) Property described in Subsection (1) is dedicated and set apart for the purposes set forth
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in this part.
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(3) Any property purchased or acquired by the Department of Transportation for public
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transit purposes:
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(a) does not vest in the public transit district; and
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(b) remains under the ownership of the Department of Transportation.
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(4) The Department of Transportation may sell, donate, exchange, or otherwise convey in
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fee simple property described in Subsection (3) to a public transit district if:
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(a)(i) the property is adjacent or ancillary to property the public transit district utilizes
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for the operation of a fixed guideway; and
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(ii) the Department of Transportation determines that the conveyance of the property
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to the public transit district provides a benefit to the state;
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(b) the conveyance is necessary to fulfilling federal grant or other funding requirements;
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or
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(c) the conveyance is made in accordance with an administrative rule enacted pursuant
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to Section 72-5-117.
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(5) If the Department of Transportation purchases one or more transit vehicles for public
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transit purposes, the Department of Transportation may sell, donate, exchange, or
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otherwise convey the transit vehicles to a public transit district if:
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(a) the Department of Transportation determines that the conveyance of the transit
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vehicles to the public transit district provides a benefit to the state; or
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(b) the conveyance is necessary to fulfill federal grant or other funding requirements.
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Section 4. Section 41-6a-102 is amended to read:
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41-6a-102 (Effective 05/07/25). Definitions.
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As used in this chapter:
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(1) "Alley" means a street or highway intended to provide access to the rear or side of lots
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or buildings in urban districts and not intended for through vehicular traffic.
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(2) "All-terrain type I vehicle" means the same as that term is defined in Section 41-22-2.
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(3) "All-terrain type II vehicle" means the same as that term is defined in Section 41-22-2.
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(4) "All-terrain type III vehicle" means the same as that term is defined in Section 41-22-2.
420
(5) "Authorized emergency vehicle" includes:
421
(a) a fire department vehicle;
422
(b) a police vehicle;
423
(c) an ambulance; and
424
(d) other publicly or privately owned vehicles as designated by the commissioner of the
425
Department of Public Safety.
426
(6) "Autocycle" means the same as that term is defined in Section 53-3-102.
427
(7)(a) "Bicycle" means a wheeled vehicle:
428
(i) propelled by human power by feet or hands acting upon pedals or cranks;
429
(ii) with a seat or saddle designed for the use of the operator;
430
(iii) designed to be operated on the ground; and
431
(iv) whose wheels are not less than 14 inches in diameter.
432
(b) "Bicycle" includes an electric assisted bicycle.
433
(c) "Bicycle" does not include scooters and similar devices.
434
(8)(a) "Bus" means a motor vehicle:
435
(i) designed for carrying more than 15 passengers and used for the transportation of
- 13 - S.B. 195 Enrolled Copy
436
persons; or
437
(ii) designed and used for the transportation of persons for compensation.
438
(b) "Bus" does not include a taxicab.
439
(9)(a) "Circular intersection" means an intersection that has an island, generally circular
440
in design, located in the center of the intersection where traffic passes to the right of
441
the island.
442
(b) "Circular intersection" includes:
443
(i) roundabouts;
444
(ii) rotaries; and
445
(iii) traffic circles.
446
(10) "Class 1 electric assisted bicycle" means an electric assisted bicycle equipped with a
447
motor or electronics that:
448
(a) provides assistance only when the rider is pedaling; and
449
(b) ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
450
(11) "Class 2 electric assisted bicycle" means an electric assisted bicycle equipped with a
451
motor or electronics that:
452
(a) may be used exclusively to propel the bicycle; and
453
(b) is not capable of providing assistance when the bicycle reaches the speed of 20 miles
454
per hour.
455
(12) "Class 3 electric assisted bicycle" means an electric assisted bicycle equipped with a
456
motor or electronics that:
457
(a) provides assistance only when the rider is pedaling;
458
(b) ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour;
459
and
460
(c) is equipped with a speedometer.
461
(13) "Commissioner" means the commissioner of the Department of Public Safety.
462
(14) "Controlled-access highway" means a highway, street, or roadway:
463
(a) designed primarily for through traffic; and
464
(b) to or from which owners or occupants of abutting lands and other persons have no
465
legal right of access, except at points as determined by the highway authority having
466
jurisdiction over the highway, street, or roadway.
467
(15) "Crosswalk" means:
468
(a) that part of a roadway at an intersection included within the connections of the lateral
469
lines of the sidewalks on opposite sides of the highway measured from:
- 14 - Enrolled Copy S.B. 195
470
(i)(A) the curbs; or
471
(B) in the absence of curbs, from the edges of the traversable roadway; and
472
(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
473
included within the extension of the lateral lines of the existing sidewalk at right
474
angles to the centerline; or
475
(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
476
pedestrian crossing by lines or other markings on the surface.
477
(16) "Department" means the Department of Public Safety.
478
(17) "Direct supervision" means oversight at a distance within which:
479
(a) visual contact is maintained; and
480
(b) advice and assistance can be given and received.
481
(18) "Divided highway" means a highway divided into two or more roadways by:
482
(a) an unpaved intervening space;
483
(b) a physical barrier; or
484
(c) a clearly indicated dividing section constructed to impede vehicular traffic.
485
(19) "Echelon formation" means the operation of two or more snowplows arranged
486
side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to
487
clear snow from two or more lanes at once.
488
(20)(a) "Electric assisted bicycle" means a bicycle with an electric motor that:
489
(i) has a power output of not more than 750 watts;
490
(ii) has fully operable pedals;
491
(iii) has permanently affixed cranks that were installed at the time of the original
492
manufacture;
493
(iv) is fully operable as a bicycle without the use of the electric motor; and
494
(v) is one of the following:
495
(A) a class 1 electric assisted bicycle;
496
(B) a class 2 electric assisted bicycle;
497
(C) a class 3 electric assisted bicycle; or
498
(D) a programmable electric assisted bicycle.
499
(b) "Electric assisted bicycle" does not include:
500
(i) a moped;
501
(ii) a motor assisted scooter;
502
(iii) a motorcycle;
503
(iv) a motor-driven cycle; or
- 15 - S.B. 195 Enrolled Copy
504
(v) any other vehicle with less than four wheels that is designed, manufactured,
505
intended, or advertised by the seller to have any of the following capabilities or
506
features, or that is modifiable or is modified to have any of the following
507
capabilities or features:
508
(A) has the ability to attain the speed of 20 miles per hour or greater on motor
509
power alone;
510
(B) is equipped with a continuous rated motor power of 750 watts or greater;
511
(C) is equipped with foot pegs for the operator at the time of manufacture, or
512
requires installation of a pedal kit to have operable pedals; or
513
(D) if equipped with multiple operating modes and a throttle, has one or more
514
modes that exceed 20 miles per hour on motor power alone.
515
(21)(a) "Electric personal assistive mobility device" means a self-balancing device with:
516
(i) two nontandem wheels in contact with the ground;
517
(ii) a system capable of steering and stopping the unit under typical operating
518
conditions;
519
(iii) an electric propulsion system with average power of one horsepower or 750
520
watts;
521
(iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
522
(v) a deck design for a person to stand while operating the device.
523
(b) "Electric personal assistive mobility device" does not include a wheelchair.
524
(22) "Electric unicycle" means a self-balancing personal transportation device that:
525
(a) has a single wheel;
526
(b) is powered by an electric motor that utilizes gyroscopes and accelerometers to
527
stabilize the rider; and
528
(c) is designed for the operator to face in the direction of travel while operating the
529
device.
530
[(22)] (23) "Explosives" means a chemical compound or mechanical mixture commonly
531
used or intended for the purpose of producing an explosion and that contains any
532
oxidizing and combustive units or other ingredients in proportions, quantities, or
533
packing so that an ignition by fire, friction, concussion, percussion, or detonator of any
534
part of the compound or mixture may cause a sudden generation of highly heated gases,
535
and the resultant gaseous pressures are capable of producing destructive effects on
536
contiguous objects or of causing death or serious bodily injury.
537
[(23)] (24) "Farm tractor" means a motor vehicle designed and used primarily as a farm
- 16 - Enrolled Copy S.B. 195
538
implement, for drawing plows, mowing machines, and other implements of husbandry.
539
[(24)] (25) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
540
as determined by a Tagliabue or equivalent closed-cup test device.
541
[(25)] (26) "Freeway" means a controlled-access highway that is part of the interstate system
542
as defined in Section 72-1-102.
543
[(26)] (27)(a) "Golf cart" means a device that:
544
(i) is designed for transportation by players on a golf course;
545
(ii) has not less than three wheels in contact with the ground;
546
(iii) has an unladen weight of less than 1,800 pounds;
547
(iv) is designed to operate at low speeds; and
548
(v) is designed to carry not more than six persons including the driver.
549
(b) "Golf cart" does not include:
550
(i) a low-speed vehicle or an off-highway vehicle;
551
(ii) a motorized wheelchair;
552
(iii) an electric personal assistive mobility device;
553
(iv) an electric assisted bicycle;
554
(v) a motor assisted scooter;
555
(vi) a personal delivery device, as defined in Section 41-6a-1119; or
556
(vii) a mobile carrier, as defined in Section 41-6a-1120.
557
[(27)] (28) "Gore area" means the area delineated by two solid white lines that is between a
558
continuing lane of a through roadway and a lane used to enter or exit the continuing lane
559
including similar areas between merging or splitting highways.
560
[(28)] (29) "Gross weight" means the weight of a vehicle without a load plus the weight of
561
any load on the vehicle.
562
[(29)] (30) "Hi-rail vehicle" means a roadway maintenance vehicle that is:
563
(a) manufactured to meet Federal Motor Vehicle Safety Standards; and
564
(b) equipped with retractable flanged wheels that allow the vehicle to travel on a
565
highway or railroad tracks.
566
[(30)] (31) "Highway" means the entire width between property lines of every way or place
567
of any nature when any part of it is open to the use of the public as a matter of right for
568
vehicular travel.
569
[(31)] (32) "Highway authority" means the same as that term is defined in Section 72-1-102.
570
[(32)] (33)(a) "Intersection" means the area embraced within the prolongation or
571
connection of the lateral curb lines, or, if none, then the lateral boundary lines of the
- 17 - S.B. 195 Enrolled Copy
572
roadways of two or more highways that join one another.
573
(b) Where a highway includes two roadways 30 feet or more apart:
574
(i) every crossing of each roadway of the divided highway by an intersecting
575
highway is a separate intersection; and
576
(ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
577
every crossing of two roadways of the highways is a separate intersection.
578
(c) "Intersection" does not include the junction of an alley with a street or highway.
579
[(33)] (34) "Island" means an area between traffic lanes or at an intersection for control of
580
vehicle movements or for pedestrian refuge designated by:
581
(a) pavement markings, which may include an area designated by two solid yellow lines
582
surrounding the perimeter of the area;
583
(b) channelizing devices;
584
(c) curbs;
585
(d) pavement edges; or
586
(e) other devices.
587
[(34)] (35) "Lane filtering" means, when operating a motorcycle other than an autocycle, the
588
act of overtaking and passing another vehicle that is stopped in the same direction of
589
travel in the same lane.
590
[(35)] (36) "Law enforcement agency" means the same as that term is as defined in Section
591
53-1-102.
592
[(36)] (37) "Limited access highway" means a highway:
593
(a) that is designated specifically for through traffic; and
594
(b) over, from, or to which neither owners nor occupants of abutting lands nor other
595
persons have any right or easement, or have only a limited right or easement of
596
access, light, air, or view.
597
[(37)] (38) "Local highway authority" means the legislative, executive, or governing body of
598
a county, municipal, or other local board or body having authority to enact laws relating
599
to traffic under the constitution and laws of the state.
600
[(38)] (39)(a) "Low-speed vehicle" means a four wheeled motor vehicle that:
601
(i) is designed to be operated at speeds of not more than 25 miles per hour; and
602
(ii) has a capacity of not more than six passengers, including a conventional driver or
603
fallback-ready user if on board the vehicle, as those terms are defined in Section
604
41-26-102.1.
605
(b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
- 18 - Enrolled Copy S.B. 195
606
[(39)] (40) "Metal tire" means a tire, the surface of which in contact with the highway is
607
wholly or partly of metal or other hard nonresilient material.
608
[(40)] (41)(a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a
609
seat or saddle that is less than 24 inches from the ground as measured on a level
610
surface with properly inflated tires.
611
(b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
612
(c) "Mini-motorcycle" does not include a motorcycle that is:
613
(i) designed for off-highway use; and
614
(ii) registered as an off-highway vehicle under Section 41-22-3.
615
[(41)] (42) "Mobile home" means:
616
(a) a trailer or semitrailer that is:
617
(i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
618
place either permanently or temporarily; and
619
(ii) equipped for use as a conveyance on streets and highways; or
620
(b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed
621
for use as a mobile home, as defined in Subsection [(41)(a)] (42)(a), but that is instead
622
used permanently or temporarily for:
623
(i) the advertising, sale, display, or promotion of merchandise or services; or
624
(ii) any other commercial purpose except the transportation of property for hire or the
625
transportation of property for distribution by a private carrier.
626
[(42)] (43) "Mobility disability" means the inability of a person to use one or more of the
627
person's extremities or difficulty with motor skills, that may include limitations with
628
walking, grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other
629
condition.
630
[(43)] (44)(a) "Moped" means a motor-driven cycle having:
631
(i) pedals to permit propulsion by human power; and
632
(ii) a motor that:
633
(A) produces not more than two brake horsepower; and
634
(B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour
635
on level ground.
636
(b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
637
centimeters and the moped shall have a power drive system that functions directly or
638
automatically without clutching or shifting by the operator after the drive system is
639
engaged.
- 19 - S.B. 195 Enrolled Copy
640
(c) "Moped" does not include:
641
(i) an electric assisted bicycle; or
642
(ii) a motor assisted scooter.
643
[(44)] (45)(a) "Motor assisted scooter" means a self-propelled device with:
644
(i) at least two wheels in contact with the ground;
645
(ii) a braking system capable of stopping the unit under typical operating conditions;
646
(iii) an electric motor not exceeding 2,000 watts;
647
(iv) either:
648
(A) handlebars and a deck design for a person to stand while operating the device;
649
or
650
(B) handlebars and a seat designed for a person to sit, straddle, or stand while
651
operating the device;
652
(v) a design for the ability to be propelled by human power alone; and
653
(vi) a maximum speed of 20 miles per hour on a paved level surface.
654
(b) "Motor assisted scooter" does not include:
655
(i) an electric assisted bicycle; or
656
(ii) a motor-driven cycle.
657
[(45)] (46)(a) "Motor vehicle" means a vehicle that is self-propelled and a vehicle that is
658
propelled by electric power obtained from overhead trolley wires, but not operated
659
upon rails.
660
(b) "Motor vehicle" does not include:
661
(i) vehicles moved solely by human power;
662
(ii) motorized wheelchairs;
663
(iii) an electric personal assistive mobility device;
664
(iv) an electric assisted bicycle;
665
(v) a motor assisted scooter;
666
(vi) a personal delivery device, as defined in Section 41-6a-1119; or
667
(vii) a mobile carrier, as defined in Section 41-6a-1120.
668
[(46)] (47) "Motorcycle" means:
669
(a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
670
and designed to travel with not more than three wheels in contact with the ground; or
671
(b) an autocycle.
672
[(47)] (48)(a) "Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle
673
having:
- 20 - Enrolled Copy S.B. 195
674
(i) an engine with less than 150 cubic centimeters displacement; or
675
(ii) a motor that produces not more than five horsepower.
676
(b) "Motor-driven cycle" does not include:
677
(i) an electric personal assistive mobility device;
678
(ii) a motor assisted scooter; or
679
(iii) an electric assisted bicycle.
680
[(48)] (49) "Off-highway implement of husbandry" means the same as that term is defined
681
under Section 41-22-2.
682
[(49)] (50) "Off-highway vehicle" means the same as that term is defined under Section
683
41-22-2.
684
[(50)] (51) "Operate" means the same as that term is defined in Section 41-1a-102.
685
[(51)] (52) "Operator" means:
686
(a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
687
(b) an automated driving system, as defined in Section 41-26-102.1, that operates a
688
vehicle.
689
[(52)] (53) "Other on-track equipment" means a railroad car, hi-rail vehicle, rolling stock, or
690
other device operated, alone or coupled with another device, on stationary rails.
691
[(53)] (54)(a) "Park" or "parking" means the standing of a vehicle, whether the vehicle is
692
occupied or not.
693
(b) "Park" or "parking" does not include:
694
(i) the standing of a vehicle temporarily for the purpose of and while actually
695
engaged in loading or unloading property or passengers; or
696
(ii) a motor vehicle with an engaged automated driving system that has achieved a
697
minimal risk condition, as those terms are defined in Section 41-26-102.1.
698
[(54)] (55) "Peace officer" means a peace officer authorized under Title 53, Chapter 13,
699
Peace Officer Classifications, to direct or regulate traffic or to make arrests for
700
violations of traffic laws.
701
[(55)] (56) "Pedestrian" means a person traveling:
702
(a) on foot; or
703
(b) in a wheelchair.
704
[(56)] (57) "Pedestrian traffic-control signal" means a traffic-control signal used to regulate
705
pedestrians.
706
[(57)] (58) "Person" means a natural person, firm, copartnership, association, corporation,
707
business trust, estate, trust, partnership, limited liability company, association, joint
- 21 - S.B. 195 Enrolled Copy
708
venture, governmental agency, public corporation, or any other legal or commercial
709
entity.
710
[(58)] (59) "Pole trailer" means a vehicle without motive power:
711
(a) designed to be drawn by another vehicle and attached to the towing vehicle by means
712
of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle;
713
and
714
(b) that is ordinarily used for transporting long or irregular shaped loads including poles,
715
pipes, or structural members generally capable of sustaining themselves as beams
716
between the supporting connections.
717
[(59)] (60) "Private road or driveway" means every way or place in private ownership and
718
used for vehicular travel by the owner and those having express or implied permission
719
from the owner, but not by other persons.
720
[(60)] (61) "Programmable electric assisted bicycle" means an electric assisted bicycle with
721
capability to switch or be programmed to function as a class 1 electric assisted bicycle,
722
class 2 electric assisted bicycle, or class 3 electric assisted bicycle, provided that the
723
electric assisted bicycle fully conforms with the respective requirements of each class of
724
electric assisted bicycle when operated in that mode.
725
[(61)] (62) "Railroad" means a carrier of persons or property upon cars operated on
726
stationary rails.
727
[(62)] (63) "Railroad sign or signal" means a sign, signal, or device erected by authority of a
728
public body or official or by a railroad and intended to give notice of the presence of
729
railroad tracks or the approach of a railroad train.
730
[(63)] (64) "Railroad train" means a locomotive propelled by any form of energy, coupled
731
with or operated without cars, and operated upon rails.
732
[(64)] (65) "Restored-modified vehicle" means the same as the term defined in Section
733
41-1a-102.
734
[(65)] (66) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
735
lawful manner in preference to another vehicle or pedestrian approaching under
736
circumstances of direction, speed, and proximity that give rise to danger of collision
737
unless one grants precedence to the other.
738
[(66)] (67)(a) "Roadway" means that portion of highway improved, designed, or
739
ordinarily used for vehicular travel.
740
(b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
741
them are used by persons riding bicycles or other human-powered vehicles.
- 22 - Enrolled Copy S.B. 195
742
(c) "Roadway" refers to any roadway separately but not to all roadways collectively, if a
743
highway includes two or more separate roadways.
744
[(67)] (68) "Safety zone" means the area or space officially set apart within a roadway for
745
the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
746
signs as to be plainly visible at all times while set apart as a safety zone.
747
[(68)] (69)(a) "School bus" means a motor vehicle that:
748
(i) complies with the color and identification requirements of the most recent edition
749
of "Minimum Standards for School Buses"; and
750
(ii) is used to transport school children to or from school or school activities.
751
(b) "School bus" does not include a vehicle operated by a common carrier in
752
transportation of school children to or from school or school activities.
753
(70) "Self-balancing electric skateboard" means a device similar to a skateboard that:
754
(a) has a single wheel;
755
(b) is powered by an electric motor; and
756
(c) is designed for the operator to face perpendicular to the direction of travel while
757
operating the device.
758
[(69)] (71)(a) "Semitrailer" means a vehicle with or without motive power:
759
(i) designed for carrying persons or property and for being drawn by a motor vehicle;
760
and
761
(ii) constructed so that some part of its weight and that of its load rests on or is
762
carried by another vehicle.
763
(b) "Semitrailer" does not include a pole trailer.
764
[(70)] (72) "Shoulder area" means:
765
(a) that area of the hard-surfaced highway separated from the roadway by a pavement
766
edge line as established in the current approved "Manual on Uniform Traffic Control
767
Devices"; or
768
(b) that portion of the road contiguous to the roadway for accommodation of stopped
769
vehicles, for emergency use, and for lateral support.
770
[(71)] (73) "Sidewalk" means that portion of a street between the curb lines, or the lateral
771
lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
772
[(72)] (74)(a) "Soft-surface trail" means a marked trail surfaced with sand, rock, or dirt
773
that is designated for the use of a bicycle.
774
(b) "Soft-surface trail" does not mean a trail:
775
(i) where the use of a motor vehicle or an electric assisted bicycle is prohibited by a
- 23 - S.B. 195 Enrolled Copy
776
federal law, regulation, or rule; or
777
(ii) located in whole or in part on land granted to the state or a political subdivision
778
subject to a conservation easement that prohibits the use of a motorized vehicle.
779
[(73)] (75) "Solid rubber tire" means a tire of rubber or other resilient material that does not
780
depend on compressed air for the support of the load.
781
[(74)] (76) "Stand" or "standing" means the temporary halting of a vehicle, whether
782
occupied or not, for the purpose of and while actually engaged in receiving or
783
discharging passengers.
784
[(75)] (77) "Stop" when required means complete cessation from movement.
785
[(76)] (78) "Stop" or "stopping" when prohibited means any halting even momentarily of a
786
vehicle, whether occupied or not, except when:
787
(a) necessary to avoid conflict with other traffic; or
788
(b) in compliance with the directions of a peace officer or traffic-control device.
789
[(77)] (79) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain type I
790
vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
791
the requirements of Section 41-6a-1509 to operate on highways in the state in
792
accordance with Section 41-6a-1509.
793
[(78)] (80) "Street-legal novel vehicle" means a vehicle registered as a novel vehicle under
794
Section 41-27-201 that is modified to meet the requirements of Section 41-6a-1509 to
795
operate on highways in the state in accordance with [with ]Section 41-6a-1509.
796
[(79)] (81) "Tow truck operator" means the same as that term is defined in Section 72-9-102.
797
[(80)] (82) "Tow truck motor carrier" means the same as that term is defined in Section
798
72-9-102.
799
[(81)] (83) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
800
conveyances either singly or together while using any highway for the purpose of travel.
801
[(82)] (84) "Traffic signal preemption device" means an instrument or mechanism designed,
802
intended, or used to interfere with the operation or cycle of a traffic-control signal.
803
[(83)] (85) "Traffic-control device" means a sign, signal, marking, or device not inconsistent
804
with this chapter placed or erected by a highway authority for the purpose of regulating,
805
warning, or guiding traffic.
806
[(84)] (86) "Traffic-control signal" means a device, whether manually, electrically, or
807
mechanically operated, by which traffic is alternately directed to stop and permitted to
808
proceed.
809
[(85)] (87)(a) "Trailer" means a vehicle with or without motive power designed for
- 24 - Enrolled Copy S.B. 195
810
carrying persons or property and for being drawn by a motor vehicle and constructed
811
so that no part of its weight rests upon the towing vehicle.
812
(b) "Trailer" does not include a pole trailer.
813
[(86)] (88) "Truck" means a motor vehicle designed, used, or maintained primarily for the
814
transportation of property.
815
[(87)] (89) "Truck tractor" means a motor vehicle:
816
(a) designed and used primarily for drawing other vehicles; and
817
(b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
818
tractor.
819
[(88)] (90) "Two-way left turn lane" means a lane:
820
(a) provided for vehicle operators making left turns in either direction;
821
(b) that is not used for passing, overtaking, or through travel; and
822
(c) that has been indicated by a lane traffic-control device that may include lane
823
markings.
824
[(89)] (91) "Urban district" means the territory contiguous to and including any street, in
825
which structures devoted to business, industry, or dwelling houses are situated at
826
intervals of less than 100 feet, for a distance of a quarter of a mile or more.
827
[(90)] (92) "Vehicle" means a device in, on, or by which a person or property is or may be
828
transported or drawn on a highway, except a mobile carrier, as defined in Section
829
41-6a-1120, or a device used exclusively on stationary rails or tracks.
830
Section 5. Section 41-6a-1102 is amended to read:
831
41-6a-1102 (Effective 05/07/25). Bicycle and device propelled by human power
832
and moped riders subject to chapter -- Exception.
833
(1) Except as provided under Subsection (2) or as otherwise specified under this part, a
834
person operating a bicycle, a vehicle or device propelled by human power, an electric
835
unicycle, or a moped has all the rights and is subject to the provisions of this chapter
836
applicable to the operator of any other vehicle.
837
(2) A person operating a nonmotorized bicycle or a vehicle or device propelled by human
838
power is not subject to the penalties related to operator licenses under alcohol and
839
drug-related traffic offenses.
840
Section 6. Section 41-6a-1116 is amended to read:
841
41-6a-1116 (Effective 05/07/25). Electric personal assistive mobility devices --
842
Conflicting provisions -- Restrictions -- Penalties.
843
(1)(a) Except as otherwise provided in this section, an electric personal assistive
- 25 - S.B. 195 Enrolled Copy
844
mobility device is subject to the provisions under this chapter for a bicycle, moped,
845
or a motor-driven cycle.
846
(b) For a person operating an electric personal assistive mobility device, the following
847
provisions do not apply:
848
(i) seating positions under Section 41-6a-1501;
849
(ii) required lights, horns, and mirrors under Section 41-6a-1506;
850
(iii) entitlement to full use of a lane under Subsection 41-6a-1502(1); and
851
(iv) driver licensing requirements under Section 53-3-202.
852
(2) A person under 15 years [of age ] old may not operate an electric personal assistive
853
mobility device using the motor unless the person is under the direct supervision of the
854
person's parent or guardian.
855
(3) A person may not operate an electric personal assistive mobility device:
856
(a) on a highway consisting of a total of four or more lanes designated for regular
857
vehicular traffic, except when operating in a lane designated for bicycle traffic;
858
(b) on a highway with a posted speed limit greater than 35 miles per hour, except when
859
operating in a lane designated for bicycle traffic; or
860
(c) that has been structurally or mechanically altered from the original manufacturer's
861
design.
862
(4) An owner may not authorize or knowingly permit a person to operate an electric
863
personal assistive mobility device in violation of this section.
864
(5) A person may operate an electric personal assistive mobility device on a sidewalk if the
865
operation does not:
866
(a) exceed a speed which is greater than is reasonable or prudent having due regard for
867
weather, visibility, and pedestrians; or
868
(b) endanger the safety of other persons or property.
869
(6) A person operating an electric personal assistive mobility device shall yield to a
870
pedestrian or other person using a mobility aid.
871
(7)(a) An electric personal assistive mobility device may be operated on:
872
(i) a path or trail designed for the use of a bicycle; or
873
(ii) on a highway where a bicycle is allowed[ if the speed limit on the highway does
874
not exceed 35 miles per hour.] , including any lane designated for bicycle traffic
875
regardless of the posted speed limit or number of general purpose lanes.
876
(b) A person operating an electric personal assistive mobility device in an area described
877
in Subsection (7)(a)(i) or (ii) is subject to the laws governing bicycles.
- 26 - Enrolled Copy S.B. 195
878
(8) A person may operate an electric personal assistive mobility device at night if the device
879
is equipped with or the operator is wearing:
880
(a) a lamp pointing to the front that emits a white light visible from a distance of not less
881
than 300 feet in front of the device; and
882
(b) front, rear, and side reflectors.
883
(9) A person may not operate an electric personal assistive mobility device while carrying
884
an article that prevents the person from keeping both hands on the handlebars or
885
interferes with the person's ability to safely operate the electric personal assistive
886
mobility device.
887
(10) Only one person may operate an electric personal assistive mobility device at a time.
888
(11) A person may not park an electric personal assistive mobility device on a highway or
889
sidewalk in a manner that obstructs vehicular or pedestrian traffic.
890
(12) A person who violates this section is guilty of an infraction.
891
Section 7. Section 41-6a-1121 is enacted to read:
892
41-6a-1121 (Effective 05/07/25). Electric unicycles.
893
(1)(a) Except as otherwise provided in this section, an electric unicycle is subject to the
894
provisions under this chapter for a bicycle.
895
(b) For an individual operating an electric unicycle, the following provisions do not
896
apply:
897
(i) seating positions and handle bar usage under Sections 41-6a-1112 and 41-6a-1501;
898
(ii) required lights, horns, and mirrors under Section 41-6a-1506; and
899
(iii) driver licensing requirements under Section 53-3-202.
900
(c) A individual may operate an electric unicycle across a roadway in a crosswalk,
901
except that the individual may not operate the electric unicycle in a negligent manner
902
in the crosswalk:
903
(i) so as to collide with a:
904
(A) pedestrian; or
905
(B) individual operating a bicycle, vehicle, or device propelled by human power;
906
or
907
(ii) at a speed greater than is reasonable and prudent under the existing conditions,
908
giving regard to the actual and potential hazards then existing.
909
(2) An individual may not operate an electric unicycle:
910
(a) on public property posted as an area prohibiting bicycles;
911
(b) that has been structurally or mechanically altered from the original manufacturer's
- 27 - S.B. 195 Enrolled Copy
912
design, except for an alteration by, or done at the request of, an individual who rents
913
the electric unicycle to lower the maximum speed for the electric unicycle; or
914
(c) at a speed of greater than 28 miles per hour or in violation of Subsection
915
41-6a-1115.1(3).
916
(3) A individual who violates this section is guilty of an infraction.
917
Section 8. Section 41-6a-1122 is enacted to read:
918
41-6a-1122 (Effective 05/07/25). Self-balancing electric skateboards.
919
(1) Except as otherwise provided in this section, a self-balancing electric skateboard is
920
subject to the provisions under this chapter for a bicycle.
921
(2) For a person operating a self-balancing electric skateboard, the following provisions do
922
not apply:
923
(a) any reference to seating positions and handle bar usage, including under Sections
924
41-6a-1112 and 41-6a-1501;
925
(b) required lights, horns, and mirrors under Section 41-6a-1506; and
926
(c) driver licensing requirements under Section 53-3-202.
927
(3) A person may operate a self-balancing electric skateboard across a roadway in a
928
crosswalk, except that the person may not operate the self-balancing electric skateboard
929
in a negligent manner in the crosswalk:
930
(a) so as to collide with a:
931
(i) pedestrian; or
932
(ii) person operating a bicycle, vehicle, or device propelled by human power; or
933
(b) at a speed greater than is reasonable and prudent under the existing conditions,
934
giving regard to the actual and potential hazards then existing.
935
Section 9. Section 41-6a-1642 is amended to read:
936
41-6a-1642 (Effective 05/07/25). Emissions inspection -- County program.
937
(1) The legislative body of each county required under federal law to utilize a motor vehicle
938
emissions inspection and maintenance program or in which an emissions inspection and
939
maintenance program is necessary to attain or maintain any national ambient air quality
940
standard shall require:
941
(a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle is
942
exempt from emissions inspection and maintenance program requirements be
943
presented:
944
(i) as a condition of registration or renewal of registration; and
945
(ii) at other times as the county legislative body may require to enforce inspection
- 28 - Enrolled Copy S.B. 195
946
requirements for individual motor vehicles, except that the county legislative body
947
may not routinely require a certificate of emissions inspection, or waiver of the
948
certificate, more often than required under Subsection (9); and
949
(b) compliance with this section for a motor vehicle registered or principally operated in
950
the county and owned by or being used by a department, division, instrumentality,
951
agency, or employee of:
952
(i) the federal government;
953
(ii) the state and any of its agencies; or
954
(iii) a political subdivision of the state, including school districts.
955
(2)(a) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
956
inspection and maintenance program certificate of emissions inspection as described
957
in Subsection (1), but the program may not deny vehicle registration based solely on
958
the presence of a defeat device covered in the Volkswagen partial consent decrees or
959
a United States Environmental Protection Agency-approved vehicle modification in
960
the following vehicles:
961
(i) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
962
emissions are mitigated in the state pursuant to a partial consent decree, including:
963
(A) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
964
(B) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013,
965
and 2014;
966
(C) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
967
(D) Volkswagen Golf Sportwagen, model year 2015;
968
(E) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
969
(F) Volkswagen Beetle, model years 2013, 2014, and 2015;
970
(G) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
971
(H) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
972
(ii) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
973
emissions are mitigated in the state to a settlement, including:
974
(A) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015,
975
and 2016;
976
(B) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
977
(C) Audi A6 Quattro, model years 2014, 2015, and 2016;
978
(D) Audi A7 Quattro, model years 2014, 2015, and 2016;
979
(E) Audi A8, model years 2014, 2015, and 2016;
- 29 - S.B. 195 Enrolled Copy
980
(F) Audi A8L, model years 2014, 2015, and 2016;
981
(G) Audi Q5, model years 2014, 2015, and 2016; and
982
(H) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
983
(b)(i) An owner of a restored-modified vehicle subject to Subsection (1) shall obtain
984
a motor vehicle emissions inspection and maintenance program certificate of
985
emissions inspection as described in Subsection (1).
986
(ii) A county emissions program may not refuse to perform an emissions inspection
987
or indicate a failed emissions test of the vehicle based solely on a modification to
988
the engine or component of the motor vehicle if:
989
(A) the modification is not likely to result in the motor vehicle having increased
990
emissions relative to the emissions of the motor vehicle before the
991
modification; and
992
(B) the motor vehicle modification is a change to an engine that is newer than the
993
engine with which the motor vehicle was originally equipped, or the engine
994
includes technology that increases the facility of the administration of an
995
emissions test, such as an on-board diagnostics system.
996
(iii) The first time an owner seeks to obtain an emissions inspection as a prerequisite
997
to registration of a restored-modified vehicle:
998
(A) the owner shall present the signed statement described in Subsection
999
41-1a-226(4); and
1000
(B) the county emissions program shall perform the emissions test.
1001
(iv) If a motor vehicle is registered as a restored-modified vehicle and the registration
1002
certificate is notated as described in Subsection 41-1a-226(4), a county emissions
1003
program may not refuse to perform an emissions test based solely on the
1004
restored-modified status of the motor vehicle.
1005
(3)(a) The legislative body of a county identified in Subsection (1), in consultation with
1006
the Air Quality Board created under Section 19-1-106, shall make regulations or
1007
ordinances regarding:
1008
(i) emissions standards;
1009
(ii) test procedures;
1010
(iii) inspections stations;
1011
(iv) repair requirements and dollar limits for correction of deficiencies; and
1012
(v) certificates of emissions inspections.
1013
(b) In accordance with Subsection (3)(a), a county legislative body:
- 30 - Enrolled Copy S.B. 195
1014
(i) shall make regulations or ordinances to attain or maintain ambient air quality
1015
standards in the county, consistent with the state implementation plan and federal
1016
requirements;
1017
(ii) may allow for a phase-in of the program by geographical area; and
1018
(iii) shall comply with the analyzer design and certification requirements contained in
1019
the state implementation plan prepared under Title 19, Chapter 2, Air
1020
Conservation Act.
1021
(c) The county legislative body and the Air Quality Board shall give preference to an
1022
inspection and maintenance program that:
1023
(i) is decentralized, to the extent the decentralized program will attain and maintain
1024
ambient air quality standards and meet federal requirements;
1025
(ii) is the most cost effective means to achieve and maintain the maximum benefit
1026
with regard to ambient air quality standards and to meet federal air quality
1027
requirements as related to vehicle emissions; and
1028
(iii) provides a reasonable phase-out period for replacement of air pollution emission
1029
testing equipment made obsolete by the program.
1030
(d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
1031
(i) may be accomplished in accordance with applicable federal requirements; and
1032
(ii) does not otherwise interfere with the attainment and maintenance of ambient air
1033
quality standards.
1034
(4) The following vehicles are exempt from an emissions inspection program and the
1035
provisions of this section:
1036
(a) an implement of husbandry as defined in Section 41-1a-102;
1037
(b) a motor vehicle that:
1038
(i) meets the definition of a farm truck under Section 41-1a-102; and
1039
(ii) has a gross vehicle weight rating of 12,001 pounds or more;
1040
(c) a vintage vehicle as defined in Section 41-21-1:
1041
(i) if the vintage vehicle has a model year of 1982 or older; or
1042
(ii) for a vintage vehicle that has a model year of 1983 or newer, if the owner
1043
provides proof of vehicle insurance that is a type specific to a vehicle collector;
1044
(d) a custom vehicle as defined in Section 41-6a-1507;
1045
(e) a vehicle registered as a novel vehicle under Section 41-27-201;
1046
(f) to the extent allowed under the current federally approved state implementation plan,
1047
in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
- 31 - S.B. 195 Enrolled Copy
1048
vehicle that is less than two years old on January 1 based on the age of the vehicle as
1049
determined by the model year identified by the manufacturer;
1050
(g) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating of
1051
12,000 pounds or less, if the registered owner of the pickup truck provides a signed
1052
statement to the legislative body stating the truck is used:
1053
(i) by the owner or operator of a farm located on property that qualifies as land in
1054
agricultural use under Sections 59-2-502 and 59-2-503; and
1055
(ii) exclusively for the following purposes in operating the farm:
1056
(A) for the transportation of farm products, including livestock and its products,
1057
poultry and its products, floricultural and horticultural products; and
1058
(B) in the transportation of farm supplies, including tile, fence, and every other
1059
thing or commodity used in agricultural, floricultural, horticultural, livestock,
1060
and poultry production and maintenance;
1061
(h) a motorcycle as defined in Section 41-1a-102;
1062
(i) an electric motor vehicle as defined in Section 41-1a-102;
1063
(j) a motor vehicle with a model year of 1967 or older; and
1064
(k) a roadable aircraft as defined in Section 72-10-102.
1065
(5) The county shall issue to the registered owner who signs and submits a signed statement
1066
under Subsection (4)(g) a certificate of exemption from emissions inspection
1067
requirements for purposes of registering the exempt vehicle.
1068
(6) A legislative body of a county described in Subsection (1) may exempt from an
1069
emissions inspection program a diesel-powered motor vehicle with a:
1070
(a) gross vehicle weight rating of more than 14,000 pounds; or
1071
(b) model year of 1997 or older.
1072
(7) The legislative body of a county required under federal law to utilize a motor vehicle
1073
emissions inspection program shall require:
1074
(a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
1075
(i) a model year of 2007 or newer;
1076
(ii) a gross vehicle weight rating of 14,000 pounds or less; and
1077
(iii) a model year that is five years old or older; and
1078
(b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
1079
(i) with a gross vehicle weight rating of 14,000 pounds or less;
1080
(ii) that has a model year of 1998 or newer; and
1081
(iii) that has a model year that is five years old or older.
- 32 - Enrolled Copy S.B. 195
1082
(8)(a) Subject to Subsection (8)(c), the legislative body of each county required under
1083
federal law to utilize a motor vehicle emissions inspection and maintenance program
1084
or in which an emissions inspection and maintenance program is necessary to attain
1085
or maintain any national ambient air quality standard may require each college or
1086
university located in a county subject to this section to require its students and
1087
employees who park a motor vehicle not registered in a county subject to this section
1088
to provide proof of compliance with an emissions inspection accepted by the county
1089
legislative body if the motor vehicle is parked on the college or university campus or
1090
property.
1091
(b) College or university parking areas that are metered or for which payment is required
1092
per use are not subject to the requirements of this Subsection (8).
1093
(c) The legislative body of a county shall make the reasons for implementing the
1094
provisions of this Subsection (8) part of the record at the time that the county
1095
legislative body takes its official action to implement the provisions of this
1096
Subsection (8).
1097
(9)(a) An emissions inspection station shall issue a certificate of emissions inspection for
1098
each motor vehicle that meets the inspection and maintenance program requirements
1099
established in regulations or ordinances made under Subsection (3).
1100
(b) The frequency of the emissions inspection shall be determined based on the age of
1101
the vehicle as determined by model year and shall be required annually subject to the
1102
provisions of Subsection (9)(c).
1103
(c)(i) To the extent allowed under the current federally approved state
1104
implementation plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec.
1105
7401 et seq., the legislative body of a county identified in Subsection (1) shall
1106
only require the emissions inspection every two years for each vehicle.
1107
(ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
1108
years old on January 1.
1109
(iii) For a county required to implement a new vehicle emissions inspection and
1110
maintenance program on or after December 1, 2012, under Subsection (1), but for
1111
which no current federally approved state implementation plan exists, a vehicle
1112
shall be tested at a frequency determined by the county legislative body, in
1113
consultation with the Air Quality Board created under Section 19-1-106, that is
1114
necessary to comply with federal law or attain or maintain any national ambient
1115
air quality standard.
- 33 - S.B. 195 Enrolled Copy
1116
(iv) If a county legislative body establishes or changes the frequency of a vehicle
1117
emissions inspection and maintenance program under Subsection (9)(c)(iii), the
1118
establishment or change shall take effect on January 1 if the State Tax
1119
Commission receives notice meeting the requirements of Subsection (9)(c)(v)
1120
from the county before October 1.
1121
(v) The notice described in Subsection (9)(c)(iv) shall:
1122
(A) state that the county will establish or change the frequency of the vehicle
1123
emissions inspection and maintenance program under this section;
1124
(B) include a copy of the ordinance establishing or changing the frequency; and
1125
(C) if the county establishes or changes the frequency under this section, state how
1126
frequently the emissions testing will be required.
1127
(d) If an emissions inspection is only required every two years for a vehicle under
1128
Subsection (9)(c), the inspection shall be required for the vehicle in:
1129
(i) odd-numbered years for vehicles with odd-numbered model years; or
1130
(ii) in even-numbered years for vehicles with even-numbered model years.
1131
(10)(a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
1132
required under this section may be made no more than two months before the
1133
renewal of registration.
1134
(b)(i) If the title of a used motor vehicle is being transferred, the owner may use an
1135
emissions inspection certificate issued for the motor vehicle during the previous
1136
11 months to satisfy the requirement under this section.
1137
(ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner
1138
may use an emissions inspection certificate issued for the motor vehicle in a
1139
licensed and bonded motor vehicle dealer's name during the previous 11 months to
1140
satisfy the requirement under this section.
1141
(c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
1142
lessee may use an emissions inspection certificate issued during the previous 11
1143
months to satisfy the requirement under this section.
1144
(d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not use
1145
an emissions inspection made more than 11 months before the renewal of registration
1146
to satisfy the requirement under this section.
1147
(e) If the application for renewal of registration is for a six-month registration period
1148
under Section 41-1a-215.5, the owner may use an emissions inspection certificate
1149
issued during the previous eight months to satisfy the requirement under this section.
- 34 - Enrolled Copy S.B. 195
1150
(11)(a) A county identified in Subsection (1) shall collect information about and monitor
1151
the program.
1152
(b) A county identified in Subsection (1) shall supply this information to [an appropriate
1153
legislative committee, as designated by the Legislative Management Committee, at
1154
times determined by the designated committee ] the Transportation Interim
1155
Committee to identify program needs, including funding needs.
1156
(12) If approved by the county legislative body, a county that had an established emissions
1157
inspection fee as of January 1, 2002, may increase the established fee that an emissions
1158
inspection station may charge by $2.50 for each year that is exempted from emissions
1159
inspections under Subsection (9)(c) up to a $7.50 increase.
1160
(13)(a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
1161
Subsection (1) may impose a local emissions compliance fee on each motor vehicle
1162
registration within the county in accordance with the procedures and requirements of
1163
Section 41-1a-1223.
1164
(b) A county that imposes a local emissions compliance fee may use revenues generated
1165
from the fee for the establishment and enforcement of an emissions inspection and
1166
maintenance program in accordance with the requirements of this section.
1167
(c) A county that imposes a local emissions compliance fee may use revenues generated
1168
from the fee to promote programs to maintain a local, state, or national ambient air
1169
quality standard.
1170
(14)(a) If a county has reason to believe that a vehicle owner has provided an address as
1171
required in Section 41-1a-209 to register or attempt to register a motor vehicle in a
1172
county other than the county of the bona fide residence of the owner in order to avoid
1173
an emissions inspection required under this section, the county may investigate and
1174
gather evidence to determine whether the vehicle owner has used a false address or
1175
an address other than the vehicle owner's bona fide residence or place of business.
1176
(b) If a county conducts an investigation as described in Subsection (14)(a) and
1177
determines that the vehicle owner has used a false or improper address in an effort to
1178
avoid an emissions inspection as required in this section, the county may impose a
1179
civil penalty of $1,000.
1180
(15) A county legislative body described in Subsection (1) may exempt a motor vehicle
1181
from an emissions inspection if:
1182
(a) the motor vehicle is 30 years old or older;
1183
(b) the county determines that the motor vehicle was driven less than 1,500 miles during
- 35 - S.B. 195 Enrolled Copy
1184
the preceding 12-month period; and
1185
(c) the owner provides to the county legislative body a statement signed by the owner
1186
that states the motor vehicle:
1187
(i) is primarily a collector's item used for:
1188
(A) participation in club activities;
1189
(B) exhibitions;
1190
(C) tours; or
1191
(D) parades; or
1192
(ii) is only used for occasional transportation.
1193
Section 10. Section 53-2a-1102 is amended to read:
1194
53-2a-1102 (Effective 05/07/25). Search and Rescue Financial Assistance
1195
Program -- Uses -- Rulemaking -- Distribution.
1196
(1) As used in this section:
1197
(a) "Assistance card program" means the Utah Search and Rescue Assistance Card
1198
Program created within this section.
1199
(b) "Card" means the Search and Rescue Assistance Card issued under this section to a
1200
participant.
1201
(c) "Participant" means an individual, family, or group who is registered pursuant to this
1202
section as having a valid card at the time search, rescue, or both are provided.
1203
(d) "Program" means the Search and Rescue Financial Assistance Program created
1204
within this section.
1205
(e)(i) "Reimbursable base expenses" means those reasonable expenses incidental to
1206
search and rescue activities.
1207
(ii) "Reimbursable base expenses" include:
1208
(A) rental for fixed wing aircraft, snowmobiles, boats, and generators;
1209
(B) replacement and upgrade of search and rescue equipment;
1210
(C) training of search and rescue volunteers;
1211
(D) costs of providing life insurance and workers' compensation benefits for
1212
volunteer search and rescue team members under Section 67-20-7.5; and
1213
(E) any other equipment or expenses necessary or appropriate for conducting
1214
search and rescue activities.
1215
(iii) "Reimbursable base expenses" do not include any salary or overtime paid to an
1216
individual on a regular or permanent payroll, including permanent part-time
1217
employees of any agency of the state.
- 36 - Enrolled Copy S.B. 195
1218
(f) "Rescue" means search services, rescue services, or both search and rescue services.
1219
(2) There is created the Search and Rescue Financial Assistance Program within the
1220
division.
1221
(3)(a) The financial program and the assistance card program shall be funded from the
1222
following revenue sources:
1223
(i) any voluntary contributions to the state received for search and rescue operations;
1224
(ii) money received by the state under Subsection (11) and under Sections 23A-4-209,
1225
41-22-34, and 73-18-24;
1226
(iii) money deposited under [Subsection 59-12-103(13)] Section 59-12-103 as a
1227
dedicated credit for the sole use of the Search and Rescue Financial Assistance
1228
Program;
1229
(iv) contributions deposited in accordance with Section 41-1a-230.7; and
1230
(v) appropriations made to the program by the Legislature.
1231
(b) Money received from the revenue sources in Subsections (3)(a)(i), (ii), and (iv), and
1232
90% of the money described in Subsection (3)(a)(iii), shall be deposited into the
1233
General Fund as a dedicated credit to be used solely for the program.
1234
(c) Ten percent of the money described in Subsection (3)(a)(iii) shall be deposited into
1235
the General Fund as a dedicated credit to be used solely to promote the assistance
1236
card program.
1237
(d) Funding for the program is nonlapsing.
1238
(4) Subject to Subsections (3)(b) and (c), the director shall use the money described in this
1239
section to reimburse counties for all or a portion of each county's reimbursable base
1240
expenses for search and rescue operations, subject to:
1241
(a) the approval of the Search and Rescue Advisory Board as provided in Section
1242
53-2a-1104;
1243
(b) money available in the program; and
1244
(c) rules made under Subsection (7).
1245
(5) Money described in Subsection (3) may not be used to reimburse for any paid personnel
1246
costs or paid man hours spent in emergency response and search and rescue related
1247
activities.
1248
(6) The Legislature finds that these funds are for a general and statewide public purpose.
1249
(7) The division, with the approval of the Search and Rescue Advisory Board, shall make
1250
rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1251
and consistent with this section:
- 37 - S.B. 195 Enrolled Copy
1252
(a) specifying the costs that qualify as reimbursable base expenses;
1253
(b) defining the procedures of counties to submit expenses and be reimbursed;
1254
(c) defining a participant in the assistance card program, including:
1255
(i) individuals; and
1256
(ii) families and organized groups who qualify as participants;
1257
(d) defining the procedure for issuing a card to a participant;
1258
(e) defining excluded expenses that may not be reimbursed under the program, including
1259
medical expenses;
1260
(f) establishing the card renewal cycle for the Utah Search and Rescue Assistance Card
1261
Program;
1262
(g) establishing the frequency of review of the fee schedule;
1263
(h) providing for the administration of the program; and
1264
(i) providing a formula to govern the distribution of available money among the counties
1265
for uncompensated search and rescue expenses based on:
1266
(i) the total qualifying expenses submitted;
1267
(ii) the number of search and rescue incidents per county population;
1268
(iii) the number of victims that reside outside the county; and
1269
(iv) the number of volunteer hours spent in each county in emergency response and
1270
search and rescue related activities per county population.
1271
(8)(a) The division shall, in consultation with the Division of Outdoor Recreation,
1272
establish the fee schedule of the Utah Search and Rescue Assistance Card Program
1273
under Subsection 63J-1-504(7).
1274
(b) The division shall provide a discount of not less than 10% of the card fee under
1275
Subsection (8)(a) to a person who has paid a fee under Section 23A-4-209, 41-22-34,
1276
or 73-18-24 during the same calendar year in which the person applies to be a
1277
participant in the assistance card program.
1278
(9) Counties may not bill reimbursable base expenses to an individual for costs incurred for
1279
the rescue of an individual, if the individual is a current participant in the Utah Search
1280
and Rescue Assistance Card Program at the time of rescue, unless:
1281
(a) the rescuing county finds that the participant acted recklessly in creating a situation
1282
resulting in the need for the county to provide rescue services; or
1283
(b) the rescuing county finds that the participant intentionally created a situation
1284
resulting in the need for the county to provide rescue services.
1285
(10)(a) There is created the Utah Search and Rescue Assistance Card Program. The
- 38 - Enrolled Copy S.B. 195
1286
program is located within the division.
1287
(b) The program may not be used to cover any expenses, such as medically related
1288
expenses, that are not reimbursable base expenses related to the rescue.
1289
(11)(a) To participate in the program, a person shall purchase a search and rescue
1290
assistance card from the division by paying the fee as determined by the division in
1291
Subsection (8).
1292
(b) The money generated by the fees shall be deposited into the General Fund as a
1293
dedicated credit for the Search and Rescue Financial Assistance Program created in
1294
this section.
1295
(c) Participation and payment of fees by a person under Sections 23A-4-209, 41-22-34,
1296
and 73-18-24 do not constitute purchase of a card under this section.
1297
(12) The division shall consult with the Division of Outdoor Recreation regarding:
1298
(a) administration of the assistance card program; and
1299
(b) outreach and marketing strategies.
1300
(13) Pursuant to Subsection 31A-1-103(7), the Utah Search and Rescue Assistance Card
1301
Program under this section is exempt from being considered insurance as that term is
1302
defined in Section 31A-1-301.
1303
Section 11. Section 53-2d-101 is amended to read:
1304
53-2d-101 (Effective 05/07/25). Definitions.
1305
As used in this chapter:
1306
(1)(a)[(a)] (i) "911 ambulance or paramedic services" means:
1307
[(i)] (A) either:
1308
[(A)] (I) 911 ambulance service;
1309
[(B)] (II) 911 paramedic service; or
1310
[(C)] (III) both 911 ambulance and paramedic service; and
1311
[(ii)] (B) a response to a 911 call received by a designated dispatch center that
1312
receives 911 or E911 calls.
1313
[(b)] (ii) "911 ambulance or paramedic services" does not mean a seven or 10 digit
1314
telephone call received directly by an ambulance provider licensed under this
1315
chapter.
1316
(2) "Air ambulance" means an ambulance that operates through air flight.
1317
(3) "Air ambulance provider" means an ambulance provider that provides emergency
1318
medical services using an air ambulance.
1319
[(2)] (4) "Ambulance" means a ground, air, or water vehicle that:
- 39 - S.B. 195 Enrolled Copy
1320
(a) transports patients and is used to provide emergency medical services; and
1321
(b) is required to obtain a permit under Section 53-2d-404 to operate in the state.
1322
[(3)] (5) "Ambulance provider" means an emergency medical service provider that:
1323
(a) transports and provides emergency medical care to patients; and
1324
(b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
1325
[(4)] (6) "Automatic external defibrillator" or "AED" means an automated or automatic
1326
computerized medical device that:
1327
(a) has received pre-market notification approval from the United States Food and Drug
1328
Administration, pursuant to 21 U.S.C. Sec. 360(k);
1329
(b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid
1330
ventricular tachycardia;
1331
(c) is capable of determining, without intervention by an operator, whether defibrillation
1332
should be performed; and
1333
(d) upon determining that defibrillation should be performed, automatically charges,
1334
enabling delivery of, or automatically delivers, an electrical impulse through the
1335
chest wall and to an individual's heart.
1336
[(5)] (7)(a) "Behavioral emergency services" means delivering a behavioral health
1337
intervention to a patient in an emergency context within a scope and in accordance
1338
with guidelines established by the department.
1339
(b) "Behavioral emergency services" does not include engaging in the:
1340
(i) practice of mental health therapy as defined in Section 58-60-102;
1341
(ii) practice of psychology as defined in Section 58-61-102;
1342
(iii) practice of clinical social work as defined in Section 58-60-202;
1343
(iv) practice of certified social work as defined in Section 58-60-202;
1344
(v) practice of marriage and family therapy as defined in Section 58-60-302;
1345
(vi) practice of clinical mental health counseling as defined in Section 58-60-402; or
1346
(vii) practice as a substance use disorder counselor as defined in Section 58-60-502.
1347
[(6)] (8) "Bureau" means the Bureau of Emergency Medical Services created in Section
1348
53-2d-102.
1349
[(7)] (9) "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external
1350
chest compression applied to a person who is unresponsive and not breathing.
1351
[(8)] (10) "Committee" means the Trauma System and Emergency Medical Services
1352
Committee created by Section 53-2d-104.
1353
[(9)] (11) "Community paramedicine" means medical care:
- 40 - Enrolled Copy S.B. 195
1354
(a) provided by emergency medical service personnel; and
1355
(b) provided to a patient who is not:
1356
(i) in need of ambulance transportation; or
1357
(ii) located in a health care facility as defined in Section 26B-2-201.
1358
[(10)] (12) "Direct medical observation" means in-person observation of a patient by a
1359
physician, registered nurse, physician's assistant, or individual licensed under Section
1360
26B-4-116.
1361
[(11)] (13) "Emergency medical condition" means:
1362
(a) a medical condition that manifests itself by symptoms of sufficient severity,
1363
including severe pain, that a prudent layperson, who possesses an average knowledge
1364
of health and medicine, could reasonably expect the absence of immediate medical
1365
attention to result in:
1366
(i) placing the individual's health in serious jeopardy;
1367
(ii) serious impairment to bodily functions; or
1368
(iii) serious dysfunction of any bodily organ or part; or
1369
(b) a medical condition that in the opinion of a physician or the physician's designee
1370
requires direct medical observation during transport or may require the intervention
1371
of an individual licensed under Section 53-2d-402 during transport.
1372
[(12)] (14) "Emergency medical dispatch center" means a public safety answering point, as
1373
defined in Section 63H-7a-103, that is designated as an emergency medical dispatch
1374
center by the bureau.
1375
[(13)] (15)(a) "Emergency medical service personnel" means an individual who provides
1376
emergency medical services or behavioral emergency services to a patient and is
1377
required to be licensed or certified under Section 53-2d-402.
1378
(b) "Emergency medical service personnel" includes a paramedic, medical director of a
1379
licensed emergency medical service provider, emergency medical service instructor,
1380
behavioral emergency services technician, other categories established by the
1381
committee, and a certified emergency medical dispatcher.
1382
[(14)] (16) "Emergency medical service providers" means:
1383
(a) licensed ambulance providers and paramedic providers;
1384
(b) a facility or provider that is required to be designated under Subsection 53-2d-403
1385
(1)(a); and
1386
(c) emergency medical service personnel.
1387
[(15)] (17) "Emergency medical services" means:
- 41 - S.B. 195 Enrolled Copy
1388
(a) medical services;
1389
(b) transportation services;
1390
(c) behavioral emergency services; or
1391
(d) any combination of the services described in Subsections [(15)(a)] (17)(a) through (c).
1392
[(16)] (18) "Emergency medical service vehicle" means a land, air, or water vehicle that is:
1393
(a) maintained and used for the transportation of emergency medical personnel,
1394
equipment, and supplies to the scene of a medical emergency; and
1395
(b) required to be permitted under Section 53-2d-404.
1396
[(17)] (19) "Governing body":
1397
(a) means the same as that term is defined in Section 11-42-102; and
1398
(b) for purposes of a "special service district" under Section 11-42-102, means a special
1399
service district that has been delegated the authority to select a provider under this
1400
chapter by the special service district's legislative body or administrative control
1401
board.
1402
[(18)] (20) "Interested party" means:
1403
(a) a licensed or designated emergency medical services provider that provides
1404
emergency medical services within or in an area that abuts an exclusive geographic
1405
service area that is the subject of an application submitted pursuant to Part 5,
1406
Ambulance and Paramedic Providers;
1407
(b) any municipality, county, or fire district that lies within or abuts a geographic service
1408
area that is the subject of an application submitted pursuant to Part 5, Ambulance and
1409
Paramedic Providers; or
1410
(c) the department when acting in the interest of the public.
1411
[(19)] (21) "Level of service" means the level at which an ambulance provider type of
1412
service is licensed as:
1413
(a) emergency medical technician;
1414
(b) advanced emergency medical technician; or
1415
(c) paramedic.
1416
[(20)] (22) "Medical control" means a person who provides medical supervision to an
1417
emergency medical service provider.
1418
[(21)] (23) "Non-911 service" means transport of a patient that is not 911 transport under
1419
Subsection (1).
1420
[(22)] (24) "Nonemergency secured behavioral health transport" means an entity that:
1421
(a) provides nonemergency secure transportation services for an individual who:
- 42 - Enrolled Copy S.B. 195
1422
(i) is not required to be transported by an ambulance under Section 53-2d-405; and
1423
(ii) requires behavioral health observation during transport between any of the
1424
following facilities:
1425
(A) a licensed acute care hospital;
1426
(B) an emergency patient receiving facility;
1427
(C) a licensed mental health facility; and
1428
(D) the office of a licensed health care provider; and
1429
(b) is required to be designated under Section 53-2d-403.
1430
[(23)] (25) "Paramedic provider" means an entity that:
1431
(a) employs emergency medical service personnel; and
1432
(b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
1433
[(24)] (26) "Patient" means an individual who, as the result of illness, injury, or a behavioral
1434
emergency condition, meets any of the criteria in Section 26B-4-119.
1435
[(25)] (27) "Political subdivision" means:
1436
(a) a city or town;
1437
(b) a county;
1438
(c) a special service district created under Title 17D, Chapter 1, Special Service District
1439
Act, for the purpose of providing fire protection services under Subsection 17D-1-201
1440
(9);
1441
(d) a special district created under Title 17B, Limited Purpose Local Government
1442
Entities - Special Districts, for the purpose of providing fire protection, paramedic,
1443
and emergency services;
1444
(e) areas coming together as described in Subsection 53-2d-505.2(2)(b)(ii); or
1445
(f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act.
1446
[(26)] (28) "Sudden cardiac arrest" means a life-threatening condition that results when a
1447
person's heart stops or fails to produce a pulse.
1448
[(27)] (29) "Trauma" means an injury requiring immediate medical or surgical intervention.
1449
[(28)] (30) "Trauma system" means a single, statewide system that:
1450
(a) organizes and coordinates the delivery of trauma care within defined geographic
1451
areas from the time of injury through transport and rehabilitative care; and
1452
(b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
1453
delivering care for trauma patients, regardless of severity.
1454
[(29)] (31) "Triage" means the sorting of patients in terms of disposition, destination, or
1455
priority. For prehospital trauma victims, triage requires a determination of injury
- 43 - S.B. 195 Enrolled Copy
1456
severity to assess the appropriate level of care according to established patient care
1457
protocols.
1458
[(30)] (32) "Triage, treatment, transportation, and transfer guidelines" means written
1459
procedures that:
1460
(a) direct the care of patients; and
1461
(b) are adopted by the medical staff of an emergency patient receiving facility, trauma
1462
center, or an emergency medical service provider.
1463
[(31)] (33) "Type of service" means the category at which an ambulance provider is licensed
1464
as:
1465
(a) ground ambulance transport;
1466
(b) ground ambulance interfacility transport; or
1467
(c) both ground ambulance transport and ground ambulance interfacility transport.
1468
Section 12. Section 53-2d-517 is enacted to read:
1469
53-2d-517 (Effective 05/07/25). Air ambulance requirements.
1470
(1) A licensed air ambulance provider shall provide to all emergency medical dispatch
1471
centers the real-time location and availability of the air ambulance using statewide
1472
software that updates from a location transponder or computer-aided dispatch interface.
1473
(2) An emergency medical dispatch center shall dispatch an air ambulance that the
1474
emergency medical dispatch center determines:
1475
(a) is nearest to the location requiring emergency medical services;
1476
(b) is readily available; and
1477
(c) is the most appropriate air ambulance provider for the particular emergency
1478
circumstance based on the needs of the patient and the capabilities of the air
1479
ambulance provider.
1480
(3) An air ambulance that is currently transporting a patient may not:
1481
(a) be dispatched for a different emergency medical situation; or
1482
(b) deviate from the current emergency service and patient to respond to a different
1483
emergency medical dispatch communication.
1484
Section 13. Section 59-12-103 is amended to read:
1485
59-12-103 (Effective 07/01/25). Sales and use tax base -- Rates -- Effective dates
1486
-- Use of sales and use tax revenue.
1487
(1) A tax is imposed on the purchaser as provided in this part on the purchase price or sales
1488
price for amounts paid or charged for the following transactions:
1489
(a) retail sales of tangible personal property made within the state;
- 44 - Enrolled Copy S.B. 195
1490
(b) amounts paid for:
1491
(i) telecommunications service, other than mobile telecommunications service, that
1492
originates and terminates within the boundaries of this state;
1493
(ii) mobile telecommunications service that originates and terminates within the
1494
boundaries of one state only to the extent permitted by the Mobile
1495
Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
1496
(iii) an ancillary service associated with a:
1497
(A) telecommunications service described in Subsection (1)(b)(i); or
1498
(B) mobile telecommunications service described in Subsection (1)(b)(ii);
1499
(c) sales of the following for commercial use:
1500
(i) gas;
1501
(ii) electricity;
1502
(iii) heat;
1503
(iv) coal;
1504
(v) fuel oil; or
1505
(vi) other fuels;
1506
(d) sales of the following for residential use:
1507
(i) gas;
1508
(ii) electricity;
1509
(iii) heat;
1510
(iv) coal;
1511
(v) fuel oil; or
1512
(vi) other fuels;
1513
(e) sales of prepared food;
1514
(f) except as provided in Section 59-12-104, amounts paid or charged as admission or
1515
user fees for theaters, movies, operas, museums, planetariums, shows of any type or
1516
nature, exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses,
1517
menageries, fairs, races, contests, sporting events, dances, boxing matches, wrestling
1518
matches, closed circuit television broadcasts, billiard parlors, pool parlors, bowling
1519
lanes, golf, miniature golf, golf driving ranges, batting cages, skating rinks, ski lifts,
1520
ski runs, ski trails, snowmobile trails, tennis courts, swimming pools, water slides,
1521
river runs, jeep tours, boat tours, scenic cruises, horseback rides, sports activities, or
1522
any other amusement, entertainment, recreation, exhibition, cultural, or athletic
1523
activity;
- 45 - S.B. 195 Enrolled Copy
1524
(g) amounts paid or charged for services for repairs or renovations of tangible personal
1525
property, unless Section 59-12-104 provides for an exemption from sales and use tax
1526
for:
1527
(i) the tangible personal property; and
1528
(ii) parts used in the repairs or renovations of the tangible personal property described
1529
in Subsection (1)(g)(i), regardless of whether:
1530
(A) any parts are actually used in the repairs or renovations of that tangible
1531
personal property; or
1532
(B) the particular parts used in the repairs or renovations of that tangible personal
1533
property are exempt from a tax under this chapter;
1534
(h) except as provided in Subsection 59-12-104(7), amounts paid or charged for assisted
1535
cleaning or washing of tangible personal property;
1536
(i) amounts paid or charged for short-term rentals of tourist home, hotel, motel, or trailer
1537
court accommodations and services;
1538
(j) amounts paid or charged for laundry or dry cleaning services;
1539
(k) amounts paid or charged for leases or rentals of tangible personal property if within
1540
this state the tangible personal property is:
1541
(i) stored;
1542
(ii) used; or
1543
(iii) otherwise consumed;
1544
(l) amounts paid or charged for tangible personal property if within this state the tangible
1545
personal property is:
1546
(i) stored;
1547
(ii) used; or
1548
(iii) consumed;
1549
(m) amounts paid or charged for a sale:
1550
(i)(A) of a product transferred electronically; or
1551
(B) of a repair or renovation of a product transferred electronically; and
1552
(ii) regardless of whether the sale provides:
1553
(A) a right of permanent use of the product; or
1554
(B) a right to use the product that is less than a permanent use, including a right:
1555
(I) for a definite or specified length of time; and
1556
(II) that terminates upon the occurrence of a condition; and
1557
(n) sales of leased tangible personal property from the lessor to the lessee made in the
- 46 - Enrolled Copy S.B. 195
1558
state.
1559
(2)(a) Except as provided in Subsections (2)(b) through (f), a state tax and a local tax are
1560
imposed on a transaction described in Subsection (1) equal to the sum of:
1561
(i) a state tax imposed on the transaction at a tax rate equal to the sum of:
1562
(A) 4.70% plus the rate specified in Subsection (11)(a); and
1563
(B)(I) the tax rate the state imposes in accordance with Part 18, Additional
1564
State Sales and Use Tax Act, if the location of the transaction as determined
1565
under Sections 59-12-211 through 59-12-215 is in a county in which the
1566
state imposes the tax under Part 18, Additional State Sales and Use Tax Act;
1567
and
1568
(II) the tax rate the state imposes in accordance with Part 20, Supplemental
1569
State Sales and Use Tax Act, if the location of the transaction as determined
1570
under Sections 59-12-211 through 59-12-215 is in a city, town, or the
1571
unincorporated area of a county in which the state imposes the tax under
1572
Part 20, Supplemental State Sales and Use Tax Act; and
1573
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1574
transaction under this chapter other than this part.
1575
(b) Except as provided in Subsection (2)(f) or (g) and subject to Subsection (2)(l), a state
1576
tax and a local tax are imposed on a transaction described in Subsection (1)(d) equal
1577
to the sum of:
1578
(i) a state tax imposed on the transaction at a tax rate of 2%; and
1579
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1580
transaction under this chapter other than this part.
1581
(c) Except as provided in Subsection (2)(f) or (g), a state tax and a local tax are imposed
1582
on amounts paid or charged for food and food ingredients equal to the sum of:
1583
(i) a state tax imposed on the amounts paid or charged for food and food ingredients
1584
at a tax rate of 1.75%; and
1585
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1586
amounts paid or charged for food and food ingredients under this chapter other
1587
than this part.
1588
(d) Except as provided in Subsection (2)(f) or (g), a state tax is imposed on amounts paid
1589
or charged for fuel to a common carrier that is a railroad for use in a locomotive
1590
engine at a rate of 4.85%.
1591
(e)(i)(A) If a shared vehicle owner certifies to the commission, on a form
- 47 - S.B. 195 Enrolled Copy
1592
prescribed by the commission, that the shared vehicle is an individual-owned
1593
shared vehicle, a tax imposed under Subsection (2)(a)(i)(A) does not apply to
1594
car sharing, a car-sharing program, a shared vehicle driver, or a shared vehicle
1595
owner.
1596
(B) A shared vehicle owner's certification described in Subsection (2)(e)(i)(A) is
1597
required once during the time that the shared vehicle owner owns the shared
1598
vehicle.
1599
(C) The commission shall verify that a shared vehicle is an individual-owned
1600
shared vehicle by verifying that the applicable Utah taxes imposed under this
1601
chapter were paid on the purchase of the shared vehicle.
1602
(D) The exception under Subsection (2)(e)(i)(A) applies to a certified
1603
individual-owned shared vehicle shared through a car-sharing program even if
1604
non-certified shared vehicles are also available to be shared through the same
1605
car-sharing program.
1606
(ii) A tax imposed under Subsection (2)(a)(i)(B) or (2)(a)(ii) applies to car sharing.
1607
(iii)(A) A car-sharing program may rely in good faith on a shared vehicle owner's
1608
representation that the shared vehicle is an individual-owned shared vehicle
1609
certified with the commission as described in Subsection (2)(e)(i).
1610
(B) If a car-sharing program relies in good faith on a shared vehicle owner's
1611
representation that the shared vehicle is an individual-owned shared vehicle
1612
certified with the commission as described in Subsection (2)(e)(i), the
1613
car-sharing program is not liable for any tax, penalty, fee, or other sanction
1614
imposed on the shared vehicle owner.
1615
(iv) If all shared vehicles shared through a car-sharing program are certified as
1616
described in Subsection (2)(e)(i)(A) for a tax period, the car-sharing program has
1617
no obligation to collect and remit the tax under Subsection (2)(a)(i)(A) for that tax
1618
period.
1619
(v) A car-sharing program is not required to list or otherwise identify an
1620
individual-owned shared vehicle on a return or an attachment to a return.
1621
(vi) A car-sharing program shall:
1622
(A) retain tax information for each car-sharing program transaction; and
1623
(B) provide the information described in Subsection (2)(e)(vi)(A) to the
1624
commission at the commission's request.
1625
(f)(i) For a bundled transaction that is attributable to food and food ingredients and
- 48 - Enrolled Copy S.B. 195
1626
tangible personal property other than food and food ingredients, a state tax and a
1627
local tax is imposed on the entire bundled transaction equal to the sum of:
1628
(A) a state tax imposed on the entire bundled transaction equal to the sum of:
1629
(I) the tax rate described in Subsection (2)(a)(i)(A); and
1630
(II)(Aa) the tax rate the state imposes in accordance with Part 18,
1631
Additional State Sales and Use Tax Act, if the location of the transaction
1632
as determined under Sections 59-12-211 through 59-12-215 is in a
1633
county in which the state imposes the tax under Part 18, Additional State
1634
Sales and Use Tax Act; and
1635
(Bb) the tax rate the state imposes in accordance with Part 20, Supplemental
1636
State Sales and Use Tax Act, if the location of the transaction as
1637
determined under Sections 59-12-211 through 59-12-215 is in a city,
1638
town, or the unincorporated area of a county in which the state imposes
1639
the tax under Part 20, Supplemental State Sales and Use Tax Act; and
1640
(B) a local tax imposed on the entire bundled transaction at the sum of the tax
1641
rates described in Subsection (2)(a)(ii).
1642
(ii) If an optional computer software maintenance contract is a bundled transaction
1643
that consists of taxable and nontaxable products that are not separately itemized
1644
on an invoice or similar billing document, the purchase of the optional computer
1645
software maintenance contract is 40% taxable under this chapter and 60%
1646
nontaxable under this chapter.
1647
(iii) Subject to Subsection (2)(f)(iv), for a bundled transaction other than a bundled
1648
transaction described in Subsection (2)(f)(i) or (ii):
1649
(A) if the sales price of the bundled transaction is attributable to tangible personal
1650
property, a product, or a service that is subject to taxation under this chapter
1651
and tangible personal property, a product, or service that is not subject to
1652
taxation under this chapter, the entire bundled transaction is subject to taxation
1653
under this chapter unless:
1654
(I) the seller is able to identify by reasonable and verifiable standards the
1655
tangible personal property, product, or service that is not subject to taxation
1656
under this chapter from the books and records the seller keeps in the seller's
1657
regular course of business; or
1658
(II) state or federal law provides otherwise; or
1659
(B) if the sales price of a bundled transaction is attributable to two or more items
- 49 - S.B. 195 Enrolled Copy
1660
of tangible personal property, products, or services that are subject to taxation
1661
under this chapter at different rates, the entire bundled transaction is subject to
1662
taxation under this chapter at the higher tax rate unless:
1663
(I) the seller is able to identify by reasonable and verifiable standards the
1664
tangible personal property, product, or service that is subject to taxation
1665
under this chapter at the lower tax rate from the books and records the seller
1666
keeps in the seller's regular course of business; or
1667
(II) state or federal law provides otherwise.
1668
(iv) For purposes of Subsection (2)(f)(iii), books and records that a seller keeps in the
1669
seller's regular course of business includes books and records the seller keeps in
1670
the regular course of business for nontax purposes.
1671
(g)(i) Except as otherwise provided in this chapter and subject to Subsections
1672
(2)(g)(ii) and (iii), if a transaction consists of the sale, lease, or rental of tangible
1673
personal property, a product, or a service that is subject to taxation under this
1674
chapter, and the sale, lease, or rental of tangible personal property, other property,
1675
a product, or a service that is not subject to taxation under this chapter, the entire
1676
transaction is subject to taxation under this chapter unless the seller, at the time of
1677
the transaction:
1678
(A) separately states the portion of the transaction that is not subject to taxation
1679
under this chapter on an invoice, bill of sale, or similar document provided to
1680
the purchaser; or
1681
(B) is able to identify by reasonable and verifiable standards, from the books and
1682
records the seller keeps in the seller's regular course of business, the portion of
1683
the transaction that is not subject to taxation under this chapter.
1684
(ii) A purchaser and a seller may correct the taxability of a transaction if:
1685
(A) after the transaction occurs, the purchaser and the seller discover that the
1686
portion of the transaction that is not subject to taxation under this chapter was
1687
not separately stated on an invoice, bill of sale, or similar document provided
1688
to the purchaser because of an error or ignorance of the law; and
1689
(B) the seller is able to identify by reasonable and verifiable standards, from the
1690
books and records the seller keeps in the seller's regular course of business, the
1691
portion of the transaction that is not subject to taxation under this chapter.
1692
(iii) For purposes of Subsections (2)(g)(i) and (ii), books and records that a seller
1693
keeps in the seller's regular course of business includes books and records the
- 50 - Enrolled Copy S.B. 195
1694
seller keeps in the regular course of business for nontax purposes.
1695
(h)(i) If the sales price of a transaction is attributable to two or more items of tangible
1696
personal property, products, or services that are subject to taxation under this
1697
chapter at different rates, the entire purchase is subject to taxation under this
1698
chapter at the higher tax rate unless the seller, at the time of the transaction:
1699
(A) separately states the items subject to taxation under this chapter at each of the
1700
different rates on an invoice, bill of sale, or similar document provided to the
1701
purchaser; or
1702
(B) is able to identify by reasonable and verifiable standards the tangible personal
1703
property, product, or service that is subject to taxation under this chapter at the
1704
lower tax rate from the books and records the seller keeps in the seller's regular
1705
course of business.
1706
(ii) For purposes of Subsection (2)(h)(i), books and records that a seller keeps in the
1707
seller's regular course of business includes books and records the seller keeps in
1708
the regular course of business for nontax purposes.
1709
(i) Subject to Subsections (2)(j) and (k), a tax rate repeal or tax rate change for a tax rate
1710
imposed under the following shall take effect on the first day of a calendar quarter:
1711
(i) Subsection (2)(a)(i)(A);
1712
(ii) Subsection (2)(b)(i);
1713
(iii) Subsection (2)(c)(i); or
1714
(iv) Subsection (2)(f)(i)(A)(I).
1715
(j)(i) A tax rate increase takes effect on the first day of the first billing period that
1716
begins on or after the effective date of the tax rate increase if the billing period for
1717
the transaction begins before the effective date of a tax rate increase imposed
1718
under:
1719
(A) Subsection (2)(a)(i)(A);
1720
(B) Subsection (2)(b)(i);
1721
(C) Subsection (2)(c)(i); or
1722
(D) Subsection (2)(f)(i)(A)(I).
1723
(ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
1724
statement for the billing period is rendered on or after the effective date of the
1725
repeal of the tax or the tax rate decrease imposed under:
1726
(A) Subsection (2)(a)(i)(A);
1727
(B) Subsection (2)(b)(i);
- 51 - S.B. 195 Enrolled Copy
1728
(C) Subsection (2)(c)(i); or
1729
(D) Subsection (2)(f)(i)(A)(I).
1730
(k)(i) For a tax rate described in Subsection (2)(k)(ii), if a tax due on a catalogue sale
1731
is computed on the basis of sales and use tax rates published in the catalogue, a
1732
tax rate repeal or change in a tax rate takes effect:
1733
(A) on the first day of a calendar quarter; and
1734
(B) beginning 60 days after the effective date of the tax rate repeal or tax rate
1735
change.
1736
(ii) Subsection (2)(k)(i) applies to the tax rates described in the following:
1737
(A) Subsection (2)(a)(i)(A);
1738
(B) Subsection (2)(b)(i);
1739
(C) Subsection (2)(c)(i); or
1740
(D) Subsection (2)(f)(i)(A)(I).
1741
(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1742
the commission may by rule define the term "catalogue sale."
1743
(l)(i) For a location described in Subsection (2)(l)(ii), the commission shall determine
1744
the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel
1745
based on the predominant use of the gas, electricity, heat, coal, fuel oil, or other
1746
fuel at the location.
1747
(ii) Subsection (2)(l)(i) applies to a location where gas, electricity, heat, coal, fuel oil,
1748
or other fuel is furnished through a single meter for two or more of the following
1749
uses:
1750
(A) a commercial use;
1751
(B) an industrial use; or
1752
(C) a residential use.
1753
(3)(a) The following state taxes shall be deposited into the General Fund:
1754
(i) the tax imposed by Subsection (2)(a)(i)(A);
1755
(ii) the tax imposed by Subsection (2)(b)(i);
1756
(iii) the tax imposed by Subsection (2)(c)(i); and
1757
(iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
1758
(b) The following local taxes shall be distributed to a county, city, or town as provided
1759
in this chapter:
1760
(i) the tax imposed by Subsection (2)(a)(ii);
1761
(ii) the tax imposed by Subsection (2)(b)(ii);
- 52 - Enrolled Copy S.B. 195
1762
(iii) the tax imposed by Subsection (2)(c)(ii); and
1763
(iv) the tax imposed by Subsection (2)(f)(i)(B).
1764
(c) The state tax imposed by Subsection (2)(d) shall be deposited into the General Fund.
1765
(4)(a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
1766
2003, the lesser of the following amounts shall be expended as provided in
1767
Subsections (4)(b) through (g):
1768
(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
1769
(A) by a 1/16% tax rate on the transactions described in Subsection (1); and
1770
(B) for the fiscal year; or
1771
(ii) $17,500,000.
1772
(b)(i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
1773
described in Subsection (4)(a) shall be transferred each year as designated sales
1774
and use tax revenue to the Division of Wildlife Resources to:
1775
(A) implement the measures described in Subsections 23A-3-214(3)(a) through (d)
1776
to protect sensitive plant and animal species; or
1777
(B) award grants, up to the amount authorized by the Legislature in an
1778
appropriations act, to political subdivisions of the state to implement the
1779
measures described in Subsections 23A-3-214(3)(a) through (d) to protect
1780
sensitive plant and animal species.
1781
(ii) Money transferred to the Division of Wildlife Resources under Subsection
1782
(4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or
1783
any other person to list or attempt to have listed a species as threatened or
1784
endangered under the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et
1785
seq.
1786
(iii) At the end of each fiscal year:
1787
(A) 50% of any unexpended designated sales and use tax revenue shall lapse to
1788
the Water Resources Conservation and Development Fund created in Section
1789
73-10-24;
1790
(B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1791
Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
1792
(C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1793
Drinking Water Loan Program Subaccount created in Section 73-10c-5.
1794
(c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
1795
Subsection (4)(a) shall be deposited each year in the Agriculture Resource
- 53 - S.B. 195 Enrolled Copy
1796
Development Fund created in Section 4-18-106.
1797
(d)(i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount
1798
described in Subsection (4)(a) shall be transferred each year as designated sales
1799
and use tax revenue to the Division of Water Rights to cover the costs incurred in
1800
hiring legal and technical staff for the adjudication of water rights.
1801
(ii) At the end of each fiscal year:
1802
(A) 50% of any unexpended designated sales and use tax revenue shall lapse to
1803
the Water Resources Conservation and Development Fund created in Section
1804
73-10-24;
1805
(B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1806
Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
1807
(C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1808
Drinking Water Loan Program Subaccount created in Section 73-10c-5.
1809
(e)(i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount
1810
described in Subsection (4)(a) shall be deposited into the Water Resources
1811
Conservation and Development Fund created in Section 73-10-24 for use by the
1812
Division of Water Resources.
1813
(ii) In addition to the uses allowed of the Water Resources Conservation and
1814
Development Fund under Section 73-10-24, the Water Resources Conservation
1815
and Development Fund may also be used to:
1816
(A) conduct hydrologic and geotechnical investigations by the Division of Water
1817
Resources in a cooperative effort with other state, federal, or local entities, for
1818
the purpose of quantifying surface and ground water resources and describing
1819
the hydrologic systems of an area in sufficient detail so as to enable local and
1820
state resource managers to plan for and accommodate growth in water use
1821
without jeopardizing the resource;
1822
(B) fund state required dam safety improvements; and
1823
(C) protect the state's interest in interstate water compact allocations, including the
1824
hiring of technical and legal staff.
1825
(f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described in
1826
Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program
1827
Subaccount created in Section 73-10c-5 for use by the Water Quality Board to fund
1828
wastewater projects.
1829
(g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
- 54 - Enrolled Copy S.B. 195
1830
in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program
1831
Subaccount created in Section 73-10c-5 for use by the Division of Drinking Water to:
1832
(i) provide for the installation and repair of collection, treatment, storage, and
1833
distribution facilities for any public water system, as defined in Section 19-4-102;
1834
(ii) develop underground sources of water, including springs and wells; and
1835
(iii) develop surface water sources.
1836
(5)(a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
1837
2006, the difference between the following amounts shall be expended as provided in
1838
this Subsection (5), if that difference is greater than $1:
1839
(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for
1840
the fiscal year by a 1/16% tax rate on the transactions described in Subsection (1);
1841
and
1842
(ii) $17,500,000.
1843
(b)(i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
1844
(A) transferred each fiscal year to the Department of Natural Resources as
1845
designated sales and use tax revenue; and
1846
(B) expended by the Department of Natural Resources for watershed rehabilitation
1847
or restoration.
1848
(ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
1849
tax revenue described in Subsection (5)(b)(i) shall lapse to the Water Resources
1850
Conservation and Development Fund created in Section 73-10-24.
1851
(c)(i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
1852
remaining difference described in Subsection (5)(a) shall be:
1853
(A) transferred each fiscal year to the Division of Water Resources as designated
1854
sales and use tax revenue; and
1855
(B) expended by the Division of Water Resources for cloud-seeding projects
1856
authorized by Title 73, Chapter 15, Modification of Weather.
1857
(ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
1858
tax revenue described in Subsection (5)(c)(i) shall lapse to the Water Resources
1859
Conservation and Development Fund created in Section 73-10-24.
1860
(d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
1861
remaining difference described in Subsection (5)(a) shall be deposited into the Water
1862
Resources Conservation and Development Fund created in Section 73-10-24 for use
1863
by the Division of Water Resources for:
- 55 - S.B. 195 Enrolled Copy
1864
(i) preconstruction costs:
1865
(A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73,
1866
Chapter 26, Bear River Development Act; and
1867
(B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
1868
authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
1869
(ii) the cost of employing a civil engineer to oversee any project authorized by Title
1870
73, Chapter 26, Bear River Development Act;
1871
(iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline
1872
project authorized by Title 73, Chapter 28, Lake Powell Pipeline Development
1873
Act; and
1874
(iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and
1875
Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i)
1876
through (iii).
1877
(e) After making the transfers required by Subsections (5)(b) and (c), 15% of the
1878
remaining difference described in Subsection (5)(a) shall be deposited each year into
1879
the Water Rights Restricted Account created by Section 73-2-1.6.
1880
(6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), each
1881
fiscal year, the commission shall deposit into the Water Infrastructure Restricted
1882
Account created in Section 73-10g-103 the amount of revenue generated by a 1/16% tax
1883
rate on the transactions described in Subsection (1) for the fiscal year.
1884
(7)(a) Notwithstanding Subsection (3)(a) and subject to Subsections (7)(b), (c), and (d),
1885
for a fiscal year beginning on or after July 1, 2023, the commission shall deposit into
1886
the Transportation Investment Fund of 2005 created by Section 72-2-124 a portion of
1887
the taxes listed under Subsection (3)(a) equal to [17%] 24% of the revenue collected
1888
from the following sales and use taxes:
1889
(i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1890
(ii) the tax imposed by Subsection (2)(b)(i);
1891
(iii) the tax imposed by Subsection (2)(c)(i); and
1892
(iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
1893
(b)(i) For a fiscal year beginning on or after July 1, 2024, the commission shall
1894
annually reduce the deposit under Subsection (7)(a) into the Transportation
1895
Investment Fund of 2005 by an amount equal to .44% of the revenue collected
1896
from the following sales and use taxes:
1897
(A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
- 56 - Enrolled Copy S.B. 195
1898
(B) the tax imposed by Subsection (2)(b)(i);
1899
(C) the tax imposed by Subsection (2)(c)(i); and
1900
(D) the tax imposed by Subsection (2)(f)(i)(A)(I).
1901
(ii) The commission shall annually deposit the amount described in Subsection
1902
(7)(b)(i) into the Cottonwood Canyons Transportation Investment Fund created in
1903
Section 72-2-124.
1904
(c)(i) Subject to Subsection (7)(c)(ii), for a fiscal year beginning on or after July 1,
1905
2023, the commission shall annually reduce the deposit into the Transportation
1906
Investment Fund of 2005 under Subsections (7)(a) and (7)(b) by an amount that is
1907
equal to 5% of:
1908
(A) the amount of revenue generated in the current fiscal year by the portion of
1909
taxes listed under Subsection (3)(a) that equals 20.68% of the revenue
1910
collected from taxes described in Subsections (7)(a)(i) through (iv);
1911
(B) the amount of revenue generated in the current fiscal year by registration fees
1912
designated under Section 41-1a-1201 to be deposited into the Transportation
1913
Investment Fund of 2005; and
1914
(C) revenue transferred by the Division of Finance to the Transportation
1915
Investment Fund of 2005 in accordance with Section 72-2-106 in the current
1916
fiscal year.
1917
(ii) The amount described in Subsection (7)(c)(i) may not exceed $45,000,000 in a
1918
given fiscal year.
1919
(iii) The commission shall annually deposit the amount described in Subsection
1920
(7)(c)(i) into the Active Transportation Investment Fund created in Subsection
1921
72-2-124(11).
1922
(d)(i) For a fiscal year beginning on or after July 1, 2024, the commission shall
1923
annually reduce the deposit into the Transportation Investment Fund of 2005
1924
under this Subsection (7) by an amount that is equal to 1% of the revenue
1925
collected from the following sales and use taxes:
1926
(A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1927
(B) the tax imposed by Subsection (2)(b)(i);
1928
(C) the tax imposed by Subsection (2)(c)(i); and
1929
(D) the tax imposed by Subsection (2)(f)(i)(A)(I).
1930
(ii) The commission shall annually deposit the amount described in Subsection
1931
(7)(d)(i) into the Commuter Rail Subaccount created in Section 72-2-124.
- 57 - S.B. 195 Enrolled Copy
1932
(8)(a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under
1933
Subsection (7), and subject to [Subsections (8)(b) and (d)(ii)] Subsection (8)(b), for a
1934
fiscal year beginning on or after July 1, 2018, the commission shall annually deposit
1935
into the Transportation Investment Fund of 2005 created by Section 72-2-124 a
1936
portion of the taxes listed under Subsection (3)(a) in an amount equal to 3.68% of the
1937
revenue collected from the following taxes:
1938
(i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1939
(ii) the tax imposed by Subsection (2)(b)(i);
1940
(iii) the tax imposed by Subsection (2)(c)(i); and
1941
(iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
1942
(b) For a fiscal year beginning on or after July 1, 2019, the commission shall annually
1943
reduce the deposit into the Transportation Investment Fund of 2005 under Subsection
1944
(8)(a) by an amount that is equal to 35% of the amount of revenue generated in the
1945
current fiscal year by the portion of the tax imposed on motor and special fuel that is
1946
sold, used, or received for sale or use in this state that exceeds 29.4 cents per gallon.
1947
(c) The commission shall annually deposit the amount described in Subsection (8)(b)
1948
into the Transit Transportation Investment Fund created in Section 72-2-124.
1949
(9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
1950
2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies
1951
Fund created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
1952
(10) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the fiscal
1953
year during which the commission receives notice under Section 63N-2-510 that
1954
construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the
1955
commission shall, for two consecutive fiscal years, annually deposit $1,900,000 of the
1956
revenue generated by the taxes listed under Subsection (3)(a) into the Hotel Impact
1957
Mitigation Fund, created in Section 63N-2-512.
1958
(11)(a) The rate specified in this subsection is 0.15%.
1959
(b) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year beginning
1960
on or after July 1, 2019, annually transfer the amount of revenue collected from the
1961
rate described in Subsection (11)(a) on the transactions that are subject to the sales
1962
and use tax under Subsection (2)(a)(i)(A) into the Medicaid ACA Fund created in
1963
Section 26B-1-315.
1964
(12) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
1965
2020-21, the commission shall deposit $200,000 into the General Fund as a dedicated
- 58 - Enrolled Copy S.B. 195
1966
credit solely for use of the Search and Rescue Financial Assistance Program created in,
1967
and expended in accordance with, Title 53, Chapter 2a, Part 11, Search and Rescue Act.
1968
[(13)(a) For each fiscal year beginning with fiscal year 2020-21, the commission shall
1969
annually transfer $1,813,400 of the revenue deposited into the Transportation
1970
Investment Fund of 2005 under Subsections (7) and (8) to the General Fund.]
1971
[(b) If the total revenue deposited into the Transportation Investment Fund of 2005
1972
under Subsections (7) and (8) is less than $1,813,400 for a fiscal year, the
1973
commission shall transfer the total revenue deposited into the Transportation
1974
Investment Fund of 2005 under Subsections (7) and (8) during the fiscal year to the
1975
General Fund.]
1976
[(14)] (13) Notwithstanding Subsection (3)(a), and as described in Section 63N-3-610,
1977
beginning the first day of the calendar quarter one year after the sales and use tax
1978
boundary for a housing and transit reinvestment zone is established, the commission, at
1979
least annually, shall transfer an amount equal to 15% of the sales and use tax increment
1980
within an established sales and use tax boundary, as defined in Section 63N-3-602, into
1981
the Transit Transportation Investment Fund created in Section 72-2-124.
1982
[(15)] (14) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year
1983
beginning on or after July 1, 2022, transfer into the Outdoor Adventure Infrastructure
1984
Restricted Account, created in Section 51-9-902, a portion of the taxes listed under
1985
Subsection (3)(a) equal to 1% of the revenue collected from the following sales and use
1986
taxes:
1987
(a) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1988
(b) the tax imposed by Subsection (2)(b)(i);
1989
(c) the tax imposed by Subsection (2)(c)(i); and
1990
(d) the tax imposed by Subsection (2)(f)(i)(A)(I).
1991
[(16)] (15) Notwithstanding Subsection (3)(a), beginning October 1, 2024 the commission
1992
shall transfer to the Utah Fairpark Area Investment and Restoration District, created in
1993
Section 11-70-201, the revenue from the sales and use tax imposed by Subsection
1994
(2)(a)(i)(A) at a 4.7% rate, on transactions occurring within the district sales tax area, as
1995
defined in Section 11-70-101.
1996
[(17)] (16)(a) As used in this Subsection [(17)] (16):
1997
(i) "Additional land" means point of the mountain state land described in Subsection
1998
11-59-102(6)(b) that the point of the mountain authority acquires after the point of
1999
the mountain authority provides the commission a map under Subsection (17)(c).
- 59 - S.B. 195 Enrolled Copy
2000
(ii) "Point of the mountain authority" means the Point of the Mountain State Land
2001
Authority, created in Section 11-59-201.
2002
(iii) "Point of the mountain state land" means the same as that term is defined in
2003
Section 11-59-102.
2004
(b) Notwithstanding Subsection (3)(a), the commission shall distribute to the point of the
2005
mountain authority 50% of the revenue from the sales and use tax imposed by
2006
Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring on the point of the
2007
mountain state land.
2008
(c) The distribution under Subsection [(17)(b)] (16)(b) shall begin the next calendar
2009
quarter that begins at least 90 days after the point of the mountain authority provides
2010
the commission a map that:
2011
(i) accurately describes the point of the mountain state land; and
2012
(ii) the point of the mountain authority certifies as accurate.
2013
(d) A distribution under Subsection [(17)(b)] (16)(b) with respect to additional land shall
2014
begin the next calendar quarter that begins at least 90 days after the point of the
2015
mountain authority provides the commission a map of point of the mountain state
2016
land that:
2017
(i) accurately describes the point of the mountain state land, including the additional
2018
land; and
2019
(ii) the point of the mountain authority certifies as accurate.
2020
(e)(i) Upon the payment in full of bonds secured by the sales and use tax revenue
2021
distributed to the point of the mountain authority under Subsection [(17)(b)] (16)(b),
2022
the point of the mountain authority shall immediately notify the commission in
2023
writing that the bonds are paid in full.
2024
(ii) The commission shall discontinue distributions of sales and use tax revenue under
2025
Subsection [(17)(b)] (16)(b) at the beginning of the calendar quarter that begins at
2026
least 90 days after the date that the commission receives the written notice under
2027
Subsection [(17)(e)(i)] (16)(e)(i).
2028
Section 14. Section 59-12-2212.2 is amended to read:
2029
59-12-2212.2 (Effective 05/07/25). Allowable uses of local option sales and use tax
2030
revenue.
2031
(1) Except as otherwise provided in this part, a county, city, or town that imposes a local
2032
option sales and use tax under this part may expend the revenue generated from the local
2033
option sales and use tax for the following purposes:
- 60 - Enrolled Copy S.B. 195
2034
(a) the development, construction, maintenance, or operation of:
2035
(i) a class A road;
2036
(ii) a class B road;
2037
(iii) a class C road;
2038
(iv) a class D road;
2039
(v) traffic and pedestrian safety infrastructure, including:
2040
(A) a sidewalk;
2041
(B) curb and gutter;
2042
(C) a safety feature;
2043
(D) a traffic sign;
2044
(E) a traffic signal; or
2045
(F) street lighting;
2046
(vi) streets, alleys, roads, highways, and thoroughfares of any kind, including
2047
connected structures;
2048
(vii) an airport facility;
2049
(viii) an active transportation facility that is for nonmotorized vehicles and
2050
multimodal transportation and connects an origin with a destination; or
2051
(ix) an intelligent transportation system;
2052
(b) a system for public transit;
2053
(c) all other modes and forms of conveyance used by the public;
2054
(d) debt service or bond issuance costs related to a project or facility described in
2055
Subsections (1)(a) through (c); or
2056
(e) corridor preservation related to a project or facility described in Subsections (1)(a)
2057
through (c).
2058
(2) Any revenue subject to rights or obligations under a contract between a county, city, or
2059
town and a public transit district entered into before January 1, 2019, remains subject to
2060
existing contractual rights and obligations.
2061
(3) In addition to the uses described in Subsection (1), for any revenue generated by a sales
2062
and use tax imposed under Section 59-12-2219 that is not contractually obligated for
2063
debt service, the percentage described in Subsection 59-12-2219(11) shall be made
2064
available for public transit innovation grants as provided in Title 72, Chapter 2, Part [3] 4,
2065
Public Transit Innovation Grants.
2066
Section 15. Section 59-12-2219 is amended to read:
2067
59-12-2219 (Effective 05/07/25). County option sales and use tax for highways
- 61 - S.B. 195 Enrolled Copy
2068
and public transit -- Base -- Rate -- Distribution and expenditure of revenue -- Revenue
2069
may not supplant existing budgeted transportation revenue.
2070
(1) Subject to the other provisions of this part, and subject to Subsection (13), a county
2071
legislative body may impose a sales and use tax of .25% on the transactions described in
2072
Subsection 59-12-103(1) within the county, including the cities and towns within the
2073
county.
2074
(2) Subject to Subsection (9), the commission shall distribute sales and use tax revenue
2075
collected under this section as provided in Subsections (3) through (8).
2076
(3) If the entire boundary of a county that imposes a sales and use tax under this section is
2077
annexed into a single public transit district, the commission shall distribute the sales and
2078
use tax revenue collected within the county as follows:
2079
(a) .10% shall be transferred to the public transit district in accordance with Section
2080
59-12-2206;
2081
(b) .10% shall be distributed as provided in Subsection (6); and
2082
(c) .05% shall be distributed to the county legislative body.
2083
(4) If the entire boundary of a county that imposes a sales and use tax under this section is
2084
not annexed into a single public transit district, but a city or town within the county is
2085
annexed into a single large public transit district, the commission shall distribute the
2086
sales and use tax revenue collected within the county as follows:
2087
(a) for a city or town within the county that is annexed into a single public transit
2088
district, the commission shall distribute the sales and use tax revenue collected within
2089
that city or town as follows:
2090
(i) .10% shall be transferred to the public transit district in accordance with Section
2091
59-12-2206;
2092
(ii) .10% shall be distributed as provided in Subsection (6); and
2093
(iii) .05% shall be distributed to the county legislative body;
2094
(b) for an eligible political subdivision within the county, the commission shall
2095
distribute the sales and use tax revenue collected within that eligible political
2096
subdivision as follows:
2097
(i) .10% shall be transferred to the eligible political subdivision in accordance with
2098
Section 59-12-2206;
2099
(ii) .10% shall be distributed as provided in Subsection (6); and
2100
(iii) .05% shall be distributed to the county legislative body; and
2101
(c) the commission shall distribute the sales and use tax revenue, except for the sales and
- 62 - Enrolled Copy S.B. 195
2102
use tax revenue described in Subsections (4)(a) and (b), as follows:
2103
(i) .10% shall be distributed as provided in Subsection (6); and
2104
(ii) .15% shall be distributed to the county legislative body.
2105
(5) For a county not described in Subsection (3) or (4), if a county of the second, third,
2106
fourth, fifth, or sixth class imposes a sales and use tax under this section, the
2107
commission shall distribute the sales and use tax revenue collected within the county as
2108
follows:
2109
(a) for a city or town within the county that is annexed into a single public transit
2110
district, the commission shall distribute the sales and use tax revenue collected within
2111
that city or town as follows:
2112
(i) .10% shall be distributed as provided in Subsection (6);
2113
(ii) .10% shall be distributed as provided in Subsection (7); and
2114
(iii) .05% shall be distributed to the county legislative body;
2115
(b) for an eligible political subdivision within the county, the commission shall
2116
distribute the sales and use tax revenue collected within that eligible political
2117
subdivision as follows:
2118
(i) .10% shall be distributed as provided in Subsection (6);
2119
(ii) .10% shall be distributed as provided in Subsection (7); and
2120
(iii) .05% shall be distributed to the county legislative body; and
2121
(c) the commission shall distribute the sales and use tax revenue, except for the sales and
2122
use tax revenue described in Subsections (5)(a) and (b), as follows:
2123
(i) .10% shall be distributed as provided in Subsection (6); and
2124
(ii) .15% shall be distributed to the county legislative body.
2125
(6)(a) Subject to Subsection (6)(b), the commission shall make the distributions required
2126
by Subsections (3)(b), (4)(a)(ii), (4)(b)(ii), (4)(c)(i), (5)(a)(i), (5)(b)(i), (5)(c)(i), and
2127
(7)(d)(ii)(A) as follows:
2128
(i) 50% of the total revenue collected under Subsections (3)(b), (4)(a)(ii), (4)(b)(ii),
2129
(4)(c)(i), (5)(a)(i), (5)(b)(i), (5)(c)(i), and (7)(d)(ii)(A) within the counties and
2130
cities that impose a tax under this section shall be distributed to the
2131
unincorporated areas, cities, and towns within those counties and cities on the
2132
basis of the percentage that the population of each unincorporated area, city, or
2133
town bears to the total population of all of the counties and cities that impose a tax
2134
under this section; and
2135
(ii) 50% of the total revenue collected under Subsections (3)(b), (4)(a)(ii), (4)(b)(ii),
- 63 - S.B. 195 Enrolled Copy
2136
(4)(c)(i), (5)(a)(i), (5)(b)(i), (5)(c)(i), and (7)(d)(ii)(A) within the counties and
2137
cities that impose a tax under this section shall be distributed to the
2138
unincorporated areas, cities, and towns within those counties and cities on the
2139
basis of the location of the transaction as determined under Sections 59-12-211
2140
through 59-12-215.
2141
(b)(i) Population for purposes of this Subsection (6) shall be determined on the basis
2142
of the most recent official census or census estimate of the United States Bureau
2143
of the Census.
2144
(ii) If a needed population estimate is not available from the United States Bureau of
2145
the Census, population figures shall be derived from an estimate from the Utah
2146
Population Committee.
2147
(7)(a)(i) Subject to the requirements in Subsections (7)(b) and (c), a county
2148
legislative body:
2149
(A) for a county that obtained approval from a majority of the county's registered
2150
voters voting on the imposition of a sales and use tax under this section prior to
2151
May 10, 2016, may, in consultation with any cities, towns, or eligible political
2152
subdivisions within the county, and in compliance with the requirements for
2153
changing an allocation under Subsection (7)(e), allocate the revenue under
2154
Subsection (5)(a)(ii) or (5)(b)(ii) by adopting a resolution specifying the
2155
percentage of revenue under Subsection (5)(a)(ii) or (5)(b)(ii) that will be
2156
allocated to a public transit district or an eligible political subdivision; or
2157
(B) for a county that imposes a sales and use tax under this section on or after
2158
May 10, 2016, shall, in consultation with any cities, towns, or eligible political
2159
subdivisions within the county, allocate the revenue under Subsection (5)(a)(ii)
2160
or (5)(b)(ii) by adopting a resolution specifying the percentage of revenue
2161
under Subsection (5)(a)(ii) or (5)(b)(ii) that will be allocated to a public transit
2162
district or an eligible political subdivision.
2163
(ii) If a county described in Subsection (7)(a)(i)(A) does not allocate the revenue
2164
under Subsection (5)(a)(ii) or (5)(b)(ii) in accordance with Subsection (7)(a)(i)(A),
2165
the commission shall distribute 100% of the revenue under Subsection (5)(a)(ii) or
2166
(5)(b)(ii) to:
2167
(A) a public transit district for a city or town within the county that is annexed into
2168
a single public transit district; or
2169
(B) an eligible political subdivision within the county.
- 64 - Enrolled Copy S.B. 195
2170
(b) If a county legislative body allocates the revenue as described in Subsection (7)(a)(i),
2171
the county legislative body shall allocate not less than 25% of the revenue under
2172
Subsection (5)(a)(ii) or (5)(b)(ii) to:
2173
(i) a public transit district for a city or town within the county that is annexed into a
2174
single public transit district; or
2175
(ii) an eligible political subdivision within the county.
2176
(c) Notwithstanding Section 59-12-2208, the opinion question described in Section
2177
59-12-2208 shall state the allocations the county legislative body makes in
2178
accordance with this Subsection (7).
2179
(d) The commission shall make the distributions required by Subsection (5)(a)(ii) or
2180
(5)(b)(ii) as follows:
2181
(i) the percentage specified by a county legislative body shall be distributed in
2182
accordance with a resolution adopted by a county legislative body under
2183
Subsection (7)(a) to an eligible political subdivision or a public transit district
2184
within the county; and
2185
(ii) except as provided in Subsection (7)(a)(ii), if a county legislative body allocates
2186
less than 100% of the revenue under Subsection (5)(a)(ii) or (5)(b)(ii) to a public
2187
transit district or an eligible political subdivision, the remainder of the revenue
2188
under Subsection (5)(a)(ii) or (5)(b)(ii) not allocated by a county legislative body
2189
through a resolution under Subsection (7)(a) shall be distributed as follows:
2190
(A) 50% of the revenue as provided in Subsection (6); and
2191
(B) 50% of the revenue to the county legislative body.
2192
(e) If a county legislative body seeks to change an allocation specified in a resolution
2193
under Subsection (7)(a), the county legislative body may change the allocation by:
2194
(i) adopting a resolution in accordance with Subsection (7)(a) specifying the
2195
percentage of revenue under Subsection (5)(a)(ii) or (5)(b)(ii) that will be
2196
allocated to a public transit district or an eligible political subdivision;
2197
(ii) obtaining approval to change the allocation of the sales and use tax by a majority
2198
of all the members of the county legislative body; and
2199
(iii) subject to Subsection (7)(f):
2200
(A) in accordance with Section 59-12-2208, submitting an opinion question to the
2201
county's registered voters voting on changing the allocation so that each
2202
registered voter has the opportunity to express the registered voter's opinion on
2203
whether the allocation should be changed; and
- 65 - S.B. 195 Enrolled Copy
2204
(B) in accordance with Section 59-12-2208, obtaining approval to change the
2205
allocation from a majority of the county's registered voters voting on changing
2206
the allocation.
2207
(f) Notwithstanding Section 59-12-2208, the opinion question required by Subsection
2208
(7)(e)(iii)(A) shall state the allocations specified in the resolution adopted in
2209
accordance with Subsection (7)(e) and approved by the county legislative body in
2210
accordance with Subsection (7)(e)(ii).
2211
(g)(i) If a county makes an allocation by adopting a resolution under Subsection (7)(a)
2212
or changes an allocation by adopting a resolution under Subsection (7)(e), the
2213
allocation shall take effect on the first distribution the commission makes under
2214
this section after a 90-day period that begins on the date the commission receives
2215
written notice meeting the requirements of Subsection (7)(g)(ii) from the county.
2216
(ii) The notice described in Subsection (7)(g)(i) shall state:
2217
(A) that the county will make or change the percentage of an allocation under
2218
Subsection (7)(a) or (e); and
2219
(B) the percentage of revenue under Subsection (5)(a)(ii) or (5)(b)(ii) that will be
2220
allocated to a public transit district or an eligible political subdivision.
2221
(8)(a) If a public transit district is organized after the date a county legislative body first
2222
imposes a tax under this section, a change in a distribution required by this section
2223
may not take effect until the first distribution the commission makes under this
2224
section after a 90-day period that begins on the date the commission receives written
2225
notice from the public transit district of the organization of the public transit district.
2226
(b) If an eligible political subdivision intends to provide public transit service within a
2227
county after the date a county legislative body first imposes a tax under this section, a
2228
change in a distribution required by this section may not take effect until the first
2229
distribution the commission makes under this section after a 90-day period that
2230
begins on the date the commission receives written notice from the eligible political
2231
subdivision stating that the eligible political subdivision intends to provide public
2232
transit service within the county.
2233
(9)(a)(i) Notwithstanding Subsections (3) through (8), for a county that has not
2234
imposed a sales and use tax under this section before May 8, 2018, and if the
2235
county imposes a sales and use tax under this section before June 30, 2019, the
2236
commission shall distribute all of the sales and use tax revenue collected by the
2237
county before June 30, 2019, to the county for the purposes described in
- 66 - Enrolled Copy S.B. 195
2238
Subsection (9)(a)(ii).
2239
(ii) For any revenue collected by a county pursuant to Subsection (9)(a)(i) before
2240
June 30, 2019, the county may expend that revenue for:
2241
(A) reducing transportation related debt;
2242
(B) a regionally significant transportation facility; or
2243
(C) a public transit project of regional significance.
2244
(b) For a county that has not imposed a sales and use tax under this section before May
2245
8, 2018, and if the county imposes a sales and use tax under this section before June
2246
30, 2019, the commission shall distribute the sales and use tax revenue collected by
2247
the county on or after July 1, 2019, as described in Subsections (3) through (8).
2248
(c) For a county that has not imposed a sales and use tax under this section before June
2249
30, 2019, if the entire boundary of that county is annexed into a large public transit
2250
district, and if the county imposes a sales and use tax under this section on or after
2251
July 1, 2019, the commission shall distribute the sales and use tax revenue collected
2252
by the county as described in Subsections (3) through (8).
2253
(10) A county, city, or town may expend revenue collected from a tax under this section,
2254
except for revenue the commission distributes in accordance with Subsection (3)(a),
2255
(4)(a)(i), (4)(b)(i), or (7)(d)(i), for a purpose described in Section 59-12-2212.2.
2256
(11)(a) A public transit district or an eligible political subdivision may expend revenue
2257
the commission distributes in accordance with Subsection (3)(a), (4)(a)(i), (4)(b)(i),
2258
or (7)(d)(i) for capital expenses and service delivery expenses of the public transit
2259
district or eligible political subdivision.
2260
(b) As provided in Section 59-12-2212.2, for the .10% designated for public transit
2261
described in Subsection (3)(a) that is not contractually obligated for debt service,
2262
beginning on July 1, [2025] 2026, a public transit district shall make available to the
2263
Department of Transportation an amount equal to 10% of the .10% to be used for
2264
public transit innovation grants as provided in Title 72, Chapter 2, Part [3] 4, Public
2265
Transit Innovation Grants.
2266
(12) Notwithstanding Section 59-12-2208, a county, city, or town legislative body may, but
2267
is not required to, submit an opinion question to the county's, city's, or town's registered
2268
voters in accordance with Section 59-12-2208 to impose a sales and use tax under this
2269
section.
2270
(13)(a)(i) Notwithstanding any other provision in this section, if the entire boundary
2271
of a county is annexed into a large public transit district, if the county legislative
- 67 - S.B. 195 Enrolled Copy
2272
body wishes to impose a sales and use tax under this section, the county
2273
legislative body shall pass the ordinance to impose a sales and use tax under this
2274
section on or before June 30, 2022.
2275
(ii) If the entire boundary of a county is annexed into a large public transit district,
2276
the county legislative body may not pass an ordinance to impose a sales and use
2277
tax under this section on or after July 1, 2022.
2278
(b) Notwithstanding the deadline described in Subsection (13)(a), any sales and use tax
2279
imposed under this section by passage of a county ordinance on or before June 30,
2280
2022, may remain in effect.
2281
(14)(a) Beginning on July 1, 2020, and subject to Subsection (15), if a county has not
2282
imposed a sales and use tax under this section, subject to the provisions of this part,
2283
the legislative body of a city or town described in Subsection (14)(b) may impose a
2284
.25% sales and use tax on the transactions described in Subsection 59-12-103(1)
2285
within the city or town.
2286
(b) The following cities or towns may impose a sales and use tax described in
2287
Subsection (14)(a):
2288
(i) a city or town that has been annexed into a public transit district; or
2289
(ii) an eligible political subdivision.
2290
(c) If a city or town imposes a sales and use tax as provided in this section, the
2291
commission shall distribute the sales and use tax revenue collected by the city or
2292
town as follows:
2293
(i) .125% to the city or town that imposed the sales and use tax, to be distributed as
2294
provided in Subsection (6); and
2295
(ii) .125%, as applicable, to:
2296
(A) the public transit district in which the city or town is annexed; or
2297
(B) the eligible political subdivision for public transit services.
2298
(d) If a city or town imposes a sales and use tax under this section and the county
2299
subsequently imposes a sales and use tax under this section, the commission shall
2300
distribute the sales and use tax revenue collected within the city or town as described
2301
in Subsection (14)(c).
2302
(15)(a)(i) Notwithstanding any other provision in this section, if a city or town
2303
legislative body wishes to impose a sales and use tax under this section, the city or
2304
town legislative body shall pass the ordinance to impose a sales and use tax under
2305
this section on or before June 30, 2022.
- 68 - Enrolled Copy S.B. 195
2306
(ii) A city or town legislative body may not pass an ordinance to impose a sales and
2307
use tax under this section on or after July 1, 2022.
2308
(b) Notwithstanding the deadline described in Subsection (15)(a), any sales and use tax
2309
imposed under this section by passage of an ordinance by a city or town legislative
2310
body on or before June 30, 2022, may remain in effect.
2311
Section 16. Section 59-12-2220 is amended to read:
2312
59-12-2220 (Effective 05/07/25). County option sales and use tax to fund
2313
highways or a system for public transit -- Base -- Rate.
2314
(1) Subject to the other provisions of this part and subject to the requirements of this
2315
section, the following counties may impose a sales and use tax under this section:
2316
(a) a county legislative body may impose the sales and use tax on the transactions
2317
described in Subsection 59-12-103(1) located within the county, including the cities
2318
and towns within the county if:
2319
(i) the entire boundary of a county is annexed into a large public transit district; and
2320
(ii) the maximum amount of sales and use tax authorizations allowed pursuant to
2321
Section 59-12-2203 and authorized under the following sections has been imposed:
2322
(A) Section 59-12-2213;
2323
(B) Section 59-12-2214;
2324
(C) Section 59-12-2215;
2325
(D) Section 59-12-2216;
2326
(E) Section 59-12-2217;
2327
(F) Section 59-12-2218; and
2328
(G) Section 59-12-2219;
2329
(b) if the county is not annexed into a large public transit district, the county legislative
2330
body may impose the sales and use tax on the transactions described in Subsection
2331
59-12-103(1) located within the county, including the cities and towns within the
2332
county if:
2333
(i) the county is an eligible political subdivision; or
2334
(ii) a city or town within the boundary of the county is an eligible political
2335
subdivision; or
2336
(c) a county legislative body of a county not described in Subsection (1)(a) or (1)(b) may
2337
impose the sales and use tax on the transactions described in Subsection 59-12-103(1)
2338
located within the county, including the cities and towns within the county.
2339
(2) For purposes of Subsection (1) and subject to the other provisions of this section, a
- 69 - S.B. 195 Enrolled Copy
2340
county legislative body that imposes a sales and use tax under this section may impose
2341
the tax at a rate of .2%.
2342
(3)(a) The commission shall distribute sales and use tax revenue collected under this
2343
section as determined by a county legislative body as described in Subsection (3)(b).
2344
(b) If a county legislative body imposes a sales and use tax as described in this section,
2345
the county legislative body may elect to impose a sales and use tax revenue
2346
distribution as described in Subsection (4), (5), (6), or (7), depending on the class of
2347
county, and presence and type of a public transit provider in the county.
2348
(4) If a county legislative body imposes a sales and use tax as described in this section, and
2349
the entire boundary of the county is annexed into a large public transit district, and the
2350
county is a county of the first class, the commission shall distribute the sales and use tax
2351
revenue as follows:
2352
(a) .10% to a public transit district as described in Subsection (11);
2353
(b) .05% to the cities and towns as provided in Subsection (8); and
2354
(c) .05% to the county legislative body.
2355
(5) If a county legislative body imposes a sales and use tax as described in this section and
2356
the entire boundary of the county is annexed into a large public transit district, and the
2357
county is a county not described in Subsection (4), the commission shall distribute the
2358
sales and use tax revenue as follows:
2359
(a) .10% to a public transit district as described in Subsection (11);
2360
(b) .05% to the cities and towns as provided in Subsection (8); and
2361
(c) .05% to the county legislative body.
2362
(6)(a) Except as provided in Subsection (12)(c), if the entire boundary of a county that
2363
imposes a sales and use tax as described in this section is not annexed into a single
2364
public transit district, but a city or town within the county is annexed into a single
2365
public transit district, or if the city or town is an eligible political subdivision, the
2366
commission shall distribute the sales and use tax revenue collected within the county
2367
as provided in Subsection (6)(b) or (c).
2368
(b) For a city, town, or portion of the county described in Subsection (6)(a) that is
2369
annexed into the single public transit district, or an eligible political subdivision, the
2370
commission shall distribute the sales and use tax revenue collected within the portion
2371
of the county that is within a public transit district or eligible political subdivision as
2372
follows:
2373
(i) .05% to a public transit provider as described in Subsection (11);
- 70 - Enrolled Copy S.B. 195
2374
(ii) .075% to the cities and towns as provided in Subsection (8); and
2375
(iii) .075% to the county legislative body.
2376
(c) Except as provided in Subsection (12)(c), for a city, town, or portion of the county
2377
described in Subsection (6)(a) that is not annexed into a single public transit district
2378
or eligible political subdivision in the county, the commission shall distribute the
2379
sales and use tax revenue collected within that portion of the county as follows:
2380
(i) .08% to the cities and towns as provided in Subsection (8); and
2381
(ii) .12% to the county legislative body.
2382
(7) For a county without a public transit service that imposes a sales and use tax as
2383
described in this section, the commission shall distribute the sales and use tax revenue
2384
collected within the county as follows:
2385
(a) .08% to the cities and towns as provided in Subsection (8); and
2386
(b) .12% to the county legislative body.
2387
(8)(a) Subject to Subsections (8)(b) and (c), the commission shall make the distributions
2388
required by Subsections (4)(b), (5)(b), (6)(b)(ii), (6)(c)(i), and (7)(a) as follows:
2389
(i) 50% of the total revenue collected under Subsections (4)(b), (5)(b), (6)(b)(ii),
2390
(6)(c)(i), and (7)(a) within the counties that impose a tax under Subsections (4)
2391
through (7) shall be distributed to the unincorporated areas, cities, and towns
2392
within those counties on the basis of the percentage that the population of each
2393
unincorporated area, city, or town bears to the total population of all of the
2394
counties that impose a tax under this section; and
2395
(ii) 50% of the total revenue collected under Subsections (4)(b), (5)(b), (6)(b)(ii),
2396
(6)(c)(i), and (7)(a) within the counties that impose a tax under Subsections (4)
2397
through (7) shall be distributed to the unincorporated areas, cities, and towns
2398
within those counties on the basis of the location of the transaction as determined
2399
under Sections 59-12-211 through 59-12-215.
2400
(b)(i) Population for purposes of this Subsection (8) shall be determined on the basis
2401
of the most recent official census or census estimate of the United States Census
2402
Bureau.
2403
(ii) If a needed population estimate is not available from the United States Census
2404
Bureau, population figures shall be derived from an estimate from the Utah
2405
Population Estimates Committee created by executive order of the governor.
2406
(c)(i) Beginning on January 1, 2024, if the Housing and Community Development
2407
Division within the Department of Workforce Services determines that a city or
- 71 - S.B. 195 Enrolled Copy
2408
town is ineligible for funds in accordance with Subsection 10-9a-408(7),
2409
beginning the first day of the calendar quarter after receiving 90 days' notice, the
2410
commission shall distribute the distribution that city or town would have received
2411
under Subsection (8)(a) to cities or towns to which Subsection 10-9a-408(7) does
2412
not apply.
2413
(ii) Beginning on January 1, 2024, if the Housing and Community Development
2414
Division within the Department of Workforce Services determines that a county is
2415
ineligible for funds in accordance with Subsection 17-27a-408(7), beginning the
2416
first day of the calendar quarter after receiving 90 days' notice, the commission
2417
shall distribute the distribution that county would have received under Subsection
2418
(8)(a) to counties to which Subsection 17-27a-408(7) does not apply.
2419
(9) If a public transit service is organized after the date a county legislative body first
2420
imposes a tax under this section, a change in a distribution required by this section may
2421
not take effect until the first distribution the commission makes under this section after a
2422
90-day period that begins on the date the commission receives written notice from the
2423
public transit provider that the public transit service has been organized.
2424
(10)(a) Except as provided in Subsection (10)(b), a county, city, or town that received
2425
distributions described in Subsections (4)(b), (4)(c), (5)(b), (5)(c), (6)(b)(ii),
2426
(6)(b)(iii), (6)(c), and (7) may only expend those funds for a purpose described in
2427
Section 59-12-2212.2.
2428
(b) If a county described in Subsection (1)(a) that is a county of the first class imposes
2429
the sales and use tax authorized in this section, the county may also use funds
2430
distributed in accordance with Subsection (4)(c) for public safety purposes.
2431
(11)(a) Subject to Subsections (11)(b), (c), and (d), revenue designated for public transit
2432
as described in this section may be used for capital expenses and service delivery
2433
expenses of:
2434
(i) a public transit district;
2435
(ii) an eligible political subdivision; or
2436
(iii) another entity providing a service for public transit or a transit facility within the
2437
relevant county, as those terms are defined in Section 17B-2a-802.
2438
(b)(i)(A) If a county of the first class imposes a sales and use tax described in this
2439
section, for a three-year period following the date on which the county imposes
2440
the sales and use tax under this section, revenue designated for public transit
2441
within a county of the first class as described in Subsection (4)(a) shall be
- 72 - Enrolled Copy S.B. 195
2442
transferred to the County of the First Class Highway Projects Fund created in
2443
Section 72-2-121.
2444
(B) Revenue deposited into the County of the First Class Highway Projects Fund
2445
created in Section 72-2-121 as described in Subsection (11)(b)(i)(A) may be
2446
used for public transit innovation grants as provided in Title 72, Chapter 2, Part [
2447
3] 4, Public Transit Innovation Grants.
2448
(ii) If a county of the first class imposes a sales and use tax described in this section,
2449
beginning on the day three years after the date on which the county imposed the
2450
tax as described in Subsection (11)(b)(i), for revenue designated for public transit
2451
as described in Subsection (4)(a):
2452
(A) 50% of the revenue from a sales and use tax imposed under this section in a
2453
county of the first class shall be transferred to the County of the First Class
2454
Highway Projects Fund created in Section 72-2-121; and
2455
(B) 50% of the revenue from a sales and use tax imposed under this section in a
2456
county of the first class shall be transferred to the Transit Transportation
2457
Investment Fund created in Subsection 72-2-124(9).
2458
(c)(i) If a county that is not a county of the first class for which the entire boundary of
2459
the county is annexed into a large public transit district imposes a sales and use
2460
tax described in this section, for a three-year period following the date on which
2461
the county imposes the sales and use tax under this section, revenue designated for
2462
public transit as described in Subsection (5)(a) shall be transferred to the relevant
2463
county legislative body to be used for a purpose described in Subsection (11)(a).
2464
(ii) If a county that is not a county of the first class for which the entire boundary of
2465
the county is annexed into a large public transit district imposes a sales and use
2466
tax described in this section, beginning on the day three years after the date on
2467
which the county imposed the tax as described in Subsection (11)(c)(i), for the
2468
revenue that is designated for public transit in Subsection (5)(a):
2469
(A) 50% shall be transferred to the Transit Transportation Investment Fund
2470
created in Subsection 72-2-124(9); and
2471
(B) 50% shall be transferred to the relevant county legislative body to be used for
2472
a purpose described in Subsection (11)(a).
2473
(d) Except as provided in Subsection (12)(c), for a county that imposes a sales and use
2474
tax under this section, for revenue designated for public transit as described in
2475
Subsection (6)(b)(i), the revenue shall be transferred to the relevant county legislative
- 73 - S.B. 195 Enrolled Copy
2476
body to be used for a purpose described in Subsection (11)(a).
2477
(12)(a) Notwithstanding Section 59-12-2208, a county legislative body may, but is not
2478
required to, submit an opinion question to the county's registered voters in
2479
accordance with Section 59-12-2208 to impose a sales and use tax under this section.
2480
(b) If a county passes an ordinance to impose a sales and use tax as described in this
2481
section, the sales and use tax shall take effect on the first day of the calendar quarter
2482
after a 90-day period that begins on the date the commission receives written notice
2483
from the county of the passage of the ordinance.
2484
(c) A county that imposed the local option sales and use tax described in this section
2485
before January 1, 2023, may maintain that county's distribution allocation in place as
2486
of January 1, 2023.
2487
(13)(a) Revenue collected from a sales and use tax under this section may not be used to
2488
supplant existing General Fund appropriations that a county, city, or town budgeted
2489
for transportation or public transit as of the date the tax becomes effective for a
2490
county, city, or town.
2491
(b) The limitation under Subsection (13)(a) does not apply to a designated transportation
2492
or public transit capital or reserve account a county, city, or town established before
2493
the date the tax becomes effective.
2494
Section 17. Section 63B-11-502 is amended to read:
2495
63B-11-502 (Effective 05/07/25). Maximum amount -- Projects authorized.
2496
(1) The total amount of bonds issued under this part may not exceed $52,101,800.
2497
(2)(a)(i) Proceeds from the issuance of bonds shall be provided to the Department of
2498
Transportation to provide funds to pay all or part of the costs of accelerating any
2499
of the following state highway construction or reconstruction projects in Salt Lake
2500
County:
2501
(A) I-15: 10600 South to the Utah County line;
2502
(B) Final Environmental Impact Statement for Western Transportation Corridor:
2503
I-80 to Utah County;
2504
(C) I-215: Redwood Road to 4700 South;
2505
(D) State Street Reconstruction: 9000 South to 10600 South; and
2506
(E) except as provided in Subsection (2)(d), State Street Reconstruction: 7800
2507
South to 8000 South.
2508
(ii) If the Department of Transportation is unable to begin or complete a project
2509
authorized by this Subsection (2)(a) because of a court order, the Department of
- 74 - Enrolled Copy S.B. 195
2510
Transportation, with the approval of Salt Lake County, may expend bond
2511
proceeds to construct one or more projects identified in Subsection (2)(e).
2512
(b) When the Utah Transit Authority certifies to the Transportation Commission that the
2513
Utah Transit Authority will pay half the costs of reconstruction of the Utah Transit
2514
Authority railroad overpass on 8000 South State Street, the Department of
2515
Transportation may provide funds from bond proceeds to pay the other half of the
2516
costs of reconstruction of the Utah Transit Authority railroad overpass on 8000 South.
2517
(c) As used in Subsections (2)(a) and (b), "costs" may include the cost of acquiring land,
2518
interests in land, easements and rights-of-way, improving sites, and making all
2519
improvements necessary, incidental, or convenient to the facilities, interest estimated
2520
to accrue on these bonds during the period to be covered by construction of the
2521
projects plus a period of six months after the end of the construction period, interest
2522
estimated to accrue on any bond anticipation notes issued under the authority of
2523
Chapter 11, Part 6, 2002 Highway General Obligation Bond Anticipation Notes for
2524
Salt Lake County, and all related engineering, architectural, and legal fees.
2525
(d) Bond proceeds may not be expended on the State Street Reconstruction: 7800 to
2526
8000 South project until the Transportation Commission has received the
2527
certification required by Subsection (2)(b) from the Utah Transit Authority.
2528
(e) As the following projects or future projects identified by Salt Lake County and the
2529
Legislature are prepared and ready for construction by the Department of
2530
Transportation, it is the intent of the Legislature that they will be accelerated and
2531
funded from future general obligation bonds issued in anticipation of receiving debt
2532
service funds from the amount described in Subsection 59-12-2214(3)(b) and from
2533
other funding sources available to the Department of Transportation[, including
2534
money available from the Centennial Highway Fund and the Statewide
2535
Transportation Improvement Plan]:
2536
(i) 5600 West Reconstruction: 4500 South to 7000 South;
2537
(ii) Redwood Road: 12600 South to Bangerter Highway;
2538
(iii) I-15: Beck Street Overpass;
2539
(iv) I-215: 4700 South to SR-201;
2540
(v) acquisition of rights-of-way for the Western Transportation Corridor;
2541
(vi) 11400 South: I-15 to Redwood Road; and
2542
(vii) State Street Reconstruction 6400 South to 7800 South and 8000 South to 9000
2543
South.
- 75 - S.B. 195 Enrolled Copy
2544
(3) If any portion of the proceeds of the tax paid to the state are not required to pay
2545
principal, interest, and issuance costs of the bonds and the principal, interest, and
2546
issuance costs of the bond have been paid off, or if, after completion of the projects
2547
authorized under Subsection (2)(a) and payment of the costs of issuing and selling the
2548
bonds under Section 63B-11-503, any bond proceeds remain unexpended, the
2549
Department of Transportation may use those unexpended proceeds to pay all or part of
2550
the costs of construction projects in Salt Lake County that have been approved and
2551
prioritized by the Transportation Commission.
2552
(4) The commission, by resolution, or the state treasurer may make any statement of intent
2553
relating to a reimbursement that is necessary or desirable to comply with federal tax law.
2554
(5) The Department of Transportation may enter into agreements related to the projects
2555
before the receipt of proceeds of bonds issued under this chapter.
2556
Section 18. Section 63B-31-101 is amended to read:
2557
63B-31-101 (Effective 05/07/25). General obligation bonds -- Maximum amount
2558
-- Use of proceeds for projects.
2559
(1)(a) Subject to the restriction in Subsection (1)(c), the total amount of bonds issued
2560
under this section may not exceed $264,000,000 for acquisition and construction
2561
proceeds, plus additional amounts as provided in Subsection (1)(b).
2562
(b) When the Department of Transportation certifies to the commission the amount of
2563
bond proceeds needed to provide funding for the projects described in this section,
2564
the commission may issue and sell general obligation bonds in an amount equal to
2565
the certified amount, plus additional amounts necessary to pay costs of issuance, to
2566
pay capitalized interest, and to fund any existing debt service reserve requirements,
2567
not to exceed 1% of the certified amount.
2568
(c) The commission may not issue general obligation bonds authorized under this
2569
section if the issuance of the general obligation bonds would result in the total current
2570
outstanding general obligation debt of the state exceeding 50% of the limitation
2571
described in the Utah Constitution, Article XIV, Section 1.
2572
(2) Proceeds from the bonds issued under this section shall be provided to the Department
2573
of Transportation to pay for, or to provide funds in accordance with this section to pay
2574
for, the costs of right-of-way acquisition, construction, reconstruction, renovations, or
2575
improvements with respect to projects described in this section.
2576
(3) It is the intent of the Legislature that as transportation projects are prioritized under
2577
Section 72-2-124, the Transportation Commission give consideration to projects beyond
- 76 - Enrolled Copy S.B. 195
2578
the normal programming horizon.
2579
(4)(a) Two hundred thirty-two million dollars of the proceeds of bonds issued under this
2580
section shall be used to double track strategic sections of the FrontRunner commuter
2581
rail system, to be repaid from the Transit Transportation Investment Fund under
2582
Subsection [72-2-124(9)] 72-2-124(10).
2583
(b) The issuance of the bonds for the purpose described in Subsection (4)(a) is
2584
contingent upon the establishment of an agreement between the Department of
2585
Transportation and the Utah Transit Authority whereby the Utah Transit Authority
2586
agrees to pay $5,000,000 per year for 15 years toward repayment of the bonds.
2587
(5)(a) Twenty-nine million dollars of the proceeds of bonds issued under this section
2588
shall be provided to the Department of Transportation to pass through to Brigham
2589
City to be used for a Forest Street rail bridge project in Brigham City.
2590
(b) Payments shall be made from the Rail Transportation Restricted Account created in
2591
Section 72-2-131, from the amount designated under Subsection 72-2-131(4)(c), in
2592
the amount per year of the principal and interest payments due under the bonds
2593
issued under Subsection (5)(a) until those bonds have been repaid in full.
2594
(6)(a) Three million dollars of the proceeds of bonds issued under this section shall be
2595
provided to the Department of Transportation to pass through to the city of North Salt
2596
Lake for an environmental study for a grade separation at 1100 North in North Salt
2597
Lake.
2598
(b) Payments shall be made from the Rail Transportation Restricted Account created in
2599
Section 72-2-131, from the amount designated under Subsection 72-2-131(4)(b), in
2600
the amount per year of the principal and interest payments due under the bonds
2601
issued under Subsection (6)(a) until those bonds have been repaid in full.
2602
(7) The costs under Subsection (2) may include the costs of studies necessary to make
2603
transportation infrastructure improvements, the costs of acquiring land, interests in land,
2604
and easements and rights-of-way, the costs of improving sites and making all
2605
improvements necessary, incidental, or convenient to the facilities, and the costs of
2606
interest estimated to accrue on these bonds during the period to be covered by
2607
construction of the projects plus a period of six months after the end of the construction
2608
period, interest estimated to accrue on any bond anticipation notes issued under the
2609
authority of this title, and all related engineering, architectural, and legal fees.
2610
(8) The commission or the state treasurer may make any statement of intent relating to a
2611
reimbursement that is necessary or desirable to comply with federal tax law.
- 77 - S.B. 195 Enrolled Copy
2612
(9) The Department of Transportation may enter into agreements related to the projects
2613
described in Subsection (4) before the receipt of proceeds of bonds issued under this
2614
section.
2615
Section 19. Section 63I-1-272 is amended to read:
2616
63I-1-272 (Effective 05/07/25). Repeal dates: Title 72.
2617
(1) Subsection 72-1-217(4), regarding highway reduction strategies within Salt Lake City,
2618
is repealed July 1, 2029.
2619
[(1)] (2) Section 72-2-134, Transportation Infrastructure General Fund Support Subfund, is
2620
repealed July 1, 2027.
2621
[(2)] (3) Title 72, Chapter 4, Part 3, Utah State Scenic Byway Program, is repealed January
2622
2, 2030.
2623
Section 20. Section 63J-3-103 is amended to read:
2624
63J-3-103 (Effective 05/07/25). Definitions.
2625
As used in this chapter:
2626
(1)(a) "Appropriations" means actual unrestricted capital and operating appropriations
2627
from unrestricted General Fund and Income Tax Fund sources.
2628
(b) "Appropriations" includes appropriations that are contingent upon available
2629
surpluses in the General Fund and Income Tax Fund.
2630
(c) "Appropriations" does not mean:
2631
(i) public education expenditures;
2632
(ii) Utah Education and Telehealth Network expenditures in support of public
2633
education;
2634
(iii) Utah Board of Higher Education expenditures in support of public education;
2635
(iv) State Tax Commission expenditures related to collection of income taxes in
2636
support of public education;
2637
(v) debt service expenditures;
2638
(vi) emergency expenditures;
2639
(vii) expenditures from all other fund or subfund sources;
2640
(viii) transfers or appropriations from the Income Tax Fund to the Uniform School
2641
Fund;
2642
(ix) transfers into, or appropriations made to, the General Fund Budget Reserve
2643
Account established in Section 63J-1-312;
2644
(x) transfers into, or appropriations made to, the Income Tax Fund Budget Reserve
2645
Account established in Section 63J-1-313;
- 78 - Enrolled Copy S.B. 195
2646
(xi) transfers in accordance with Section 63J-1-314 into, or appropriations made to
2647
the Wildland Fire Suppression Fund created in Section 65A-8-204, the
2648
Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund created
2649
in Section 65A-8-215, or the State Disaster Recovery Restricted Account created
2650
in Section 53-2a-603;
2651
(xii) money appropriated to fund the total one-time project costs for the construction
2652
of capital development projects as defined in Section 63A-5b-401;
2653
[(xiii) transfers or deposits into or appropriations made to the Centennial Highway
2654
Fund created by Section 72-2-118;]
2655
[(xiv)] (xiii) transfers or deposits into or appropriations made to the Transportation
2656
Investment Fund of 2005 created by Section 72-2-124;
2657
[(xv)] (xiv) transfers or deposits into or appropriations made to:
2658
(A) the Department of Transportation from any source; or
2659
(B) any transportation-related account or fund from any source; or
2660
[(xvi)] (xv) supplemental appropriations from the General Fund to the Division of
2661
Forestry, Fire, and State Lands to provide money for wildland fire control
2662
expenses incurred during the current or previous fire years.
2663
(2) "Base year real per capita appropriations" means the result obtained for the state by
2664
dividing the fiscal year 1985 actual appropriations of the state less debt money by:
2665
(a) the state's July 1, 1983 population; and
2666
(b) the fiscal year 1983 inflation index divided by 100.
2667
(3) "Calendar year" means the time period beginning on January 1 of any given year and
2668
ending on December 31 of the same year.
2669
(4) "Fiscal emergency" means an extraordinary occurrence requiring immediate
2670
expenditures and includes the settlement under Laws of Utah 1988, Fourth Special
2671
Session, Chapter 4.
2672
(5) "Fiscal year" means the time period beginning on July 1 of any given year and ending
2673
on June 30 of the subsequent year.
2674
(6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual capital
2675
and operations appropriations from General Fund and non-Uniform School Fund income
2676
tax revenue sources, less debt money.
2677
(7) "Inflation index" means the change in the general price level of goods and services as
2678
measured by the Gross National Product Implicit Price Deflator of the Bureau of
2679
Economic Analysis, U.S. Department of Commerce calculated as provided in Section
- 79 - S.B. 195 Enrolled Copy
2680
63J-3-202.
2681
(8)(a) "Maximum allowable appropriations limit" means the appropriations that could
2682
be, or could have been, spent in any given year under the limitations of this chapter.
2683
(b) "Maximum allowable appropriations limit" does not mean actual appropriations
2684
spent or actual expenditures.
2685
(9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two
2686
fiscal years previous to the fiscal year for which the maximum allowable inflation and
2687
population appropriations limit is being computed under this chapter.
2688
(10) "Most recent fiscal year's population" means the fiscal year population two fiscal years
2689
previous to the fiscal year for which the maximum allowable inflation and population
2690
appropriations limit is being computed under this chapter.
2691
(11) "Population" means the number of residents of the state as of July 1 of each year as
2692
calculated by the Governor's Office of Planning and Budget according to the procedures
2693
and requirements of Section 63J-3-202.
2694
(12) "Revenues" means the revenues of the state from every tax, penalty, receipt, and other
2695
monetary exaction and interest connected with it that are recorded as unrestricted
2696
revenue of the General Fund and from non-Uniform School Fund income tax revenues,
2697
except as specifically exempted by this chapter.
2698
(13) "Security" means any bond, note, warrant, or other evidence of indebtedness, whether
2699
or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an
2700
"indebtedness" within the meaning of any provision of the constitution or laws of this
2701
state.
2702
Section 21. Section 72-1-201 is amended to read:
2703
72-1-201 (Effective 05/07/25). Creation of Department of Transportation --
2704
Functions, powers, duties, rights, and responsibilities.
2705
(1) There is created the Department of Transportation which shall:
2706
(a) have the general responsibility for planning, research, design, construction,
2707
maintenance, security, and safety of state transportation systems;
2708
(b) provide administration for state transportation systems and programs;
2709
(c) implement the transportation policies of the state;
2710
(d) plan, develop, construct, and maintain state transportation systems that are safe,
2711
reliable, environmentally sensitive, and serve the needs of the traveling public,
2712
commerce, and industry;
2713
(e) establish standards and procedures regarding the technical details of administration
- 80 - Enrolled Copy S.B. 195
2714
of the state transportation systems as established by statute and administrative rule;
2715
(f) advise the governor and the Legislature about state transportation systems needs;
2716
(g) coordinate with utility companies for the reasonable, efficient, and cost-effective
2717
installation, maintenance, operation, relocation, and upgrade of utilities within state
2718
highway rights-of-way;
2719
(h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2720
make rules for the administration of the department, state transportation systems, and
2721
programs;
2722
(i) jointly with the commission annually report to the Transportation Interim Committee,
2723
by November 30 of each year, as to the operation, maintenance, condition, mobility,
2724
safety needs, and wildlife and livestock mitigation for state transportation systems;
2725
(j) ensure that any training or certification required of a public official or public
2726
employee, as those terms are defined in Section 63G-22-102, complies with Title
2727
63G, Chapter 22, State Training and Certification Requirements, if the training or
2728
certification is required:
2729
(i) under this title;
2730
(ii) by the department; or
2731
(iii) by an agency or division within the department;
2732
(k) study and make recommendations to the Legislature on potential managed lane use
2733
and implementation on selected transportation systems within the state;
2734
(l) before July 1 of each year, coordinate with the Utah Highway Patrol Division created
2735
in Section 53-8-103 regarding:
2736
(i) future highway projects that will add additional capacity to the state transportation
2737
system;
2738
(ii) potential changes in law enforcement responsibilities due to future highway
2739
projects; and
2740
(iii) incident management services on state highways; and
2741
(m) provide public transit services, in consultation with any relevant public transit
2742
provider.
2743
(2) For a proposed transportation project that includes a gondola in the Cottonwood
2744
Canyons area of Salt Lake County for which the department has completed an
2745
environmental impact statement, the department may only construct the project in the
2746
phasing sequence as provided in the record of decision associated with the
2747
environmental impact statement.
- 81 - S.B. 195 Enrolled Copy
2748
[(2)] (3)(a) The department shall exercise reasonable care in designing, constructing, and
2749
maintaining a state highway in a reasonably safe condition for travel.
2750
(b) Nothing in this section shall be construed as:
2751
(i) creating a private right of action; or
2752
(ii) expanding or changing the department's common law duty as described in
2753
Subsection [(2)(a)] (3)(a) for liability purposes.
2754
Section 22. Section 72-1-212 is amended to read:
2755
72-1-212 (Effective 05/07/25). Special use permitting -- Rulemaking.
2756
(1) As used in this section:
2757
(a) "Law enforcement agency" means the same as that term is defined in Section [
2758
53-3-102] 53-1-102.
2759
(b) "Special use permit" means a permit issued:
2760
(i) for a special use or a special event that takes place on a highway; or
2761
(ii) to a law enforcement agency to install an automatic license plate reader on a state
2762
highway for the purpose of capturing license plate data of vehicles traveling on a
2763
state highway, regardless of whether the device is installed on property owned by
2764
the department or the law enforcement agency.
2765
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in
2766
consultation with representatives of the Utah League of Cities and Towns and the Utah
2767
Association of Counties, the department shall make rules that are not inconsistent with
2768
this chapter or the constitution and laws of this state or of the United States governing
2769
the issuance of a special use permit to maintain public safety and serve the needs of the
2770
traveling public.
2771
(3) The rules described in Subsection (2) may:
2772
(a) establish the highways for which the highest number of special use permits are
2773
issued;
2774
(b) develop, in consultation with municipalities, a limit on the number of special use
2775
permits that may be issued in any calendar year on a particular highway;
2776
(c) require a person to submit an application designated by the department before the
2777
department issues a special use permit;
2778
(d) limit the number of special use permits issued on any one day for any specified
2779
location based on a first-come, first-served basis for completed applications;
2780
(e) establish criteria for evaluating completed applications, such as historic use, potential
2781
economic benefit, or other relevant factors;
- 82 - Enrolled Copy S.B. 195
2782
(f) specify conditions that are required to be met before a special use permit may be
2783
issued;
2784
(g) establish a penalty for failure to fulfill conditions required by the special use permit,
2785
including suspension of the special use permit or suspension of a future special use
2786
permit;
2787
(h) require an applicant to obtain insurance for certain special uses or special events; or
2788
(i) provide other requirements to maintain public safety and serve the needs of the
2789
traveling public.
2790
(4) The limit on the number of special use permits described in Subsection (3)(b) may not
2791
include:
2792
(a) a special use permit issued for a municipality-sponsored special use or special event
2793
on a highway within the jurisdiction of the municipality; or
2794
(b) a special use permit issued to a law enforcement agency to install a device as part of
2795
an automatic license plate reader system authorized by Section 41-6a-2003.
2796
(5) The rules described in Subsection (2) shall consider:
2797
(a) traveler safety and mobility;
2798
(b) the safety of special use or special event participants;
2799
(c) emergency access;
2800
(d) the mobility of residents close to the event or use;
2801
(e) access and economic impact to businesses affected by changes to the normal
2802
operation of highway traffic;
2803
(f) past performance of an applicant's adherence to special use permit requirements; and
2804
(g) whether a law enforcement agency applying for a special use permit has published a
2805
policy online as required by Section 41-6a-2003.
2806
(6) Notwithstanding any other provision of this chapter, the department may also require a
2807
law enforcement agency applying for a special use permit described in this section to
2808
obtain an encroachment permit.
2809
(7) The department shall adopt a fee schedule in accordance with Section 63J-1-504 that
2810
reflects the cost of services provided by the department associated with special use
2811
permits and with special uses or special events that take place on a highway.
2812
(8) For a device installed in accordance with Section 41-6a-2003, the installation,
2813
maintenance, data collection, and removal are the responsibility of the law enforcement
2814
agency that obtains the special use permit.
2815
(9)(a) The department shall preserve a record of special use permits issued to a law
- 83 - S.B. 195 Enrolled Copy
2816
enforcement agency, including the stated purpose for each permit.
2817
(b) The department shall preserve a record identified in Subsection (9)(a) for at least five
2818
years.
2819
Section 23. Section 72-1-213.1 is amended to read:
2820
72-1-213.1 (Effective 05/07/25). Road usage charge program.
2821
(1) As used in this section:
2822
(a) "Account manager" means an entity under contract with the department to administer
2823
and manage the road usage charge program.
2824
(b) "Alternative fuel vehicle" means:
2825
(i) an electric motor vehicle as defined in Section 41-1a-102; or
2826
(ii) a motor vehicle powered exclusively by a fuel other than:
2827
(A) motor fuel;
2828
(B) diesel fuel;
2829
(C) natural gas; or
2830
(D) propane.
2831
(c) "Payment period" means the interval during which an owner is required to report
2832
mileage and pay the appropriate road usage charge according to the terms of the
2833
program.
2834
(d) "Program" means the road usage charge program established and described in this
2835
section.
2836
(e) "Road usage charge cap" means the maximum fee charged to a participant in the
2837
program for a registration period.
2838
(f) "Road usage charge rate" means the per-mile usage fee charged to a participant in the
2839
program.
2840
(2) There is established a road usage charge program as described in this section.
2841
(3)(a) The department shall implement and oversee the administration of the program,
2842
which shall begin on January 1, 2020.
2843
(b) To implement and administer the program, the department may contract with an
2844
account manager.
2845
(4)(a) The owner or lessee of an alternative fuel vehicle may apply for enrollment of the
2846
alternative fuel vehicle in the program.
2847
(b) If an application for enrollment into the program is approved by the department, the
2848
owner or lessee of an alternative fuel vehicle may participate in the program in lieu of
2849
paying the fee described in Subsection 41-1a-1206(1)(h) or (2)(b).
- 84 - Enrolled Copy S.B. 195
2850
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
2851
consistent with this section, the department:
2852
(a) shall make rules to establish:
2853
(i) processes and terms for enrollment into and withdrawal or removal from the
2854
program;
2855
(ii) payment periods and other payment methods and procedures for the program;
2856
(iii) standards for mileage reporting mechanisms for an owner or lessee of an
2857
alternative fuel vehicle to report mileage as part of participation in the program;
2858
(iv) standards for program functions for mileage recording, payment processing,
2859
account management, and other similar aspects of the program;
2860
(v) contractual terms between an owner or lessee of an alternative fuel vehicle owner
2861
and an account manager for participation in the program;
2862
(vi) contractual terms between the department and an account manager, including
2863
authority for an account manager to enforce the terms of the program;
2864
(vii) procedures to provide security and protection of personal information and data
2865
connected to the program, and penalties for account managers for violating
2866
privacy protection rules;
2867
(viii) penalty procedures for a program participant's failure to pay a road usage
2868
charge or tampering with a device necessary for the program; and
2869
(ix) department oversight of an account manager, including privacy protection of
2870
personal information and access and auditing capability of financial and other
2871
records related to administration of the program; and
2872
(b) may make rules to establish:
2873
(i) an enrollment cap for certain alternative fuel vehicle types to participate in the
2874
program;
2875
(ii) a process for collection of an unpaid road usage charge or penalty; or
2876
(iii) integration of the program with other similar programs, such as tolling.
2877
(6) Revenue generated by the road usage charge program and relevant penalties shall be
2878
deposited into the Road Usage Charge Program Special Revenue Fund.
2879
(7)(a) The department may:
2880
(i)(A) impose a penalty for failure to timely pay a road usage charge according to
2881
the terms of the program or tampering with a device necessary for the program;
2882
and
2883
(B) request that the Division of Motor Vehicles place a hold on the registration of
- 85 - S.B. 195 Enrolled Copy
2884
the owner's or lessee's alternative fuel vehicle for failure to pay a road usage
2885
charge or penalty according to the terms of the program;
2886
(ii) send correspondence to the owner of an alternative fuel vehicle to inform the
2887
owner or lessee of:
2888
(A) the road usage charge program, implementation, and procedures;
2889
(B) an unpaid road usage charge and the amount of the road usage charge to be
2890
paid to the department;
2891
(C) the penalty for failure to pay a road usage charge within the time period
2892
described in Subsection (7)(a)(iii); and
2893
(D) a hold being placed on the owner's or lessee's registration for the alternative
2894
fuel vehicle, if the road usage charge and penalty are not paid within the time
2895
period described in Subsection (7)(a)(iii), which would prevent the renewal of
2896
the alternative fuel vehicle's registration; and
2897
(iii) require that the owner or lessee of the alternative fuel vehicle pay the road usage
2898
charge to the department within 30 days of the date when the department sends
2899
written notice of the road usage charge to the owner or lessee.
2900
(b) The department shall send the correspondence and notice described in Subsection (7)
2901
(a) to the owner of the alternative fuel vehicle according to the terms of the program.
2902
(8)(a) The Division of Motor Vehicles and the department shall share and provide access
2903
to information pertaining to an alternative fuel vehicle and participation in the
2904
program including:
2905
(i) registration and ownership information pertaining to an alternative fuel vehicle;
2906
(ii) information regarding the failure of an alternative fuel vehicle owner or lessee to
2907
pay a road usage charge or penalty imposed under this section within the time
2908
period described in Subsection (7)(a)(iii); and
2909
(iii) the status of a request for a hold on the registration of an alternative fuel vehicle.
2910
(b) If the department requests a hold on the registration in accordance with this section,
2911
the Division of Motor Vehicles may not renew the registration of a motor vehicle
2912
under Title 41, Chapter 1a, Part 2, Registration, until the department withdraws the
2913
hold request.
2914
(9) The owner of an alternative fuel vehicle may apply for enrollment in the program or
2915
withdraw from the program according to the terms established by the department
2916
pursuant to rules made under Subsection (5).
2917
(10) If enrolled in the program, the owner or lessee of an alternative fuel vehicle shall:
- 86 - Enrolled Copy S.B. 195
2918
(a) report mileage driven as required by the department pursuant to Subsection (5);
2919
(b) pay the road usage fee for each payment period in accordance with Subsection (5);
2920
and
2921
(c) comply with all other provisions of this section and other requirements of the
2922
program.
2923
(11) The department shall submit annually, on or before October 1, to the Transportation
2924
Interim Committee, an electronic report that:
2925
(a) states for the preceding fiscal year:
2926
(i) the amount of revenue collected from the program;
2927
(ii) the participation rate in the program; and
2928
(iii) the department's costs to administer the program; and
2929
(b) provides for the current fiscal year, an estimate of:
2930
(i) the revenue that will be collected from the program;
2931
(ii) the participation rate in the program; and
2932
(iii) the department's costs to administer the program.
2933
(12)(a) Beginning on January 1, 2023:
2934
(i) the road usage charge rate is 1.0 cent per mile; and
2935
(ii) the road usage charge cap is:
2936
(A) $130.25 for an annual registration period; and
2937
(B) $100.75 for a six-month registration period.
2938
(b) Beginning on January 1, 2026:
2939
(i) the road usage charge rate is 1.25 cents per mile; and
2940
(ii) the road usage charge cap is:
2941
(A) $180 for an annual registration period; and
2942
(B) $139 for a six-month registration period.
2943
(c) Beginning on January 1, 2032:
2944
(i) the road usage charge rate is 1.5 cents per mile, unless the commission establishes
2945
a different road usage charge rate in accordance with Subsection (13); and
2946
(ii) the road usage charge cap is:
2947
(A) $240 for an annual registration period; and
2948
(B) $185 for a six-month registration period.
2949
(d) Beginning in 2024, the department shall, on January 1, annually adjust the road
2950
usage charge rates described in this Subsection (12) by taking the road usage charge
2951
rate for the previous year and adding an amount equal to the greater of:
- 87 - S.B. 195 Enrolled Copy
2952
(i) an amount calculated by multiplying the road usage charge rate of the previous
2953
year by the actual percentage change during the previous fiscal year in the
2954
Consumer Price Index as determined by the State Tax Commission; and
2955
(ii) 0.
2956
(e) Beginning in 2024, the State Tax Commission shall, on January 1, annually adjust
2957
the road usage charge caps described in this Subsection (12) by taking the road usage
2958
charge cap for the previous year and adding an amount equal to the greater of:
2959
(i) an amount calculated by multiplying the road usage charge cap of the previous
2960
year by the actual percentage change during the previous fiscal year in the
2961
Consumer Price Index; and
2962
(ii) 0.
2963
(f) The amounts calculated as described in Subsection (12)(d) shall be rounded up to the
2964
nearest .01 cent.
2965
(g) The amounts calculated as described in Subsection (12)(e) shall be rounded up to the
2966
nearest 25 cents.
2967
(h) On or before January 1 of each year, the department shall publish:
2968
(i) the adjusted road usage charge rate described in Subsection (12)(d); and
2969
(ii) adjusted road usage charge cap described in Subsection (12)(e).
2970
(13)(a) Beginning January 1, 2032, the commission may establish by rule made in
2971
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the road
2972
usage charge rate for each type of alternative fuel vehicle.
2973
(b)(i) Before making rules in accordance with Subsection (13)(a), the commission
2974
shall consult with the department regarding the road usage charge rate for each
2975
type of alternative fuel vehicle.
2976
(ii) The department shall cooperate with and make recommendations to the
2977
commission regarding the road usage charge rate for each type of alternative fuel
2978
vehicle.
2979
Section 24. Section 72-1-217 is amended to read:
2980
72-1-217 (Effective upon governor's approval). Department of Transportation
2981
study items.
2982
(1) The department shall carry out transportation studies described in this section as
2983
resources allow.
2984
(2)(a) The department shall study items related to advanced air mobility as described in
2985
this Subsection (2).
- 88 - Enrolled Copy S.B. 195
2986
(b) The department shall study vertiport locations and infrastructure, including:
2987
(i) identification of suitable locations for vertiport infrastructure and parking
2988
infrastructure for vertiports in metropolitan areas;
2989
(ii) identification of commuter rail stations that may be suitable for vertiport
2990
placement; and
2991
(iii) identification of underutilized parking lots and parking structures for vertiport
2992
infrastructure placement.
2993
(c) The department shall study best practices and implementation of advanced air
2994
mobility technologies, including:
2995
(i) seeking input through community engagement;
2996
(ii) state and local regulations;
2997
(iii) unmanned aircraft system traffic management; and
2998
(iv) weather reporting and monitoring for advanced air mobility safety.
2999
(d) The department shall study unmanned aircraft traffic management infrastructure,
3000
including:
3001
(i) unmanned aircraft system traffic management development, implementation,
3002
procedures, policies, and infrastructure; and
3003
(ii) obtaining a full understanding of unmanned aircraft system traffic management,
3004
including:
3005
(A) designation of airspace for advanced air mobility;
3006
(B) creation of geographic categorical areas;
3007
(C) identifying the appropriate number and location of advanced air mobility
3008
sensors; and
3009
(D) other state specific details regarding unmanned aircraft system traffic
3010
management.
3011
(e) The department shall study the creation of an advanced air mobility sandbox,
3012
including:
3013
(i) potential locations for the sandbox testing area and desirable attributes of a
3014
suitable sandbox location;
3015
(ii) requirements to create a geographical advanced air mobility testing area and the
3016
parameters for the types of technology that may be utilized in the testing area; and
3017
(iii) testing and studying different types of advanced air mobility transportation of
3018
manned and unmanned aerial vehicles, including:
3019
(A) aerial vehicle size;
- 89 - S.B. 195 Enrolled Copy
3020
(B) aerial vehicles that carry cargo, including medical cargo;
3021
(C) commercial aerial vehicles; and
3022
(D) public transportation aerial vehicles.
3023
(f) On or before September 30, 2023, the department shall provide a report to the
3024
Transportation Interim Committee of the department's findings from the study items
3025
described in Subsections (2)(b) through (2)(e).
3026
(g) The department may only use existing funds to cover the expenses incurred from the
3027
study of items described in Subsections (2)(b) through (2)(e).
3028
(3)(a) The department and a large public transit district shall jointly study programs
3029
offered by government entities related to human services transportation, including:
3030
(i) coordinated mobility services;
3031
(ii) paratransit services;
3032
(iii) nonemergency medical transportation;
3033
(iv) youth transportation programs, excluding school bus transportation; and
3034
(v) other similar fare-based or fee-based programs provided or coordinated within the
3035
boundary of the large public transit district, including those involving the
3036
department, a large public transit district, local governments, or other government
3037
agencies and nonprofit entities that provide similar services.
3038
(b) The study shall evaluate strategies to consolidate the transportation services
3039
described in Subsection (3)(a) to improve efficiency and service.
3040
(c) The department and large public transit district shall:
3041
(i) provide a preliminary report on the study to the Transportation Interim Committee
3042
on or before November 1, 2025; and
3043
(ii) prepare and present recommendations to the Transportation Interim Committee
3044
on or before November 1, 2026, for the consolidation of the services described in
3045
Subsection (3)(a).
3046
(4)(a) As used in this Subsection (4):
3047
(i) "City" means Salt Lake City.
3048
(ii) "Highway reduction strategy" means any strategy that has the potential to
3049
permanently decrease the number of vehicles that can travel on an arterial or a
3050
collector highway per hour, including:
3051
(A) reducing the number of motorized vehicle travel lanes on an arterial or
3052
collector highway;
3053
(B) narrowing existing motorized vehicle travel lanes on an arterial or collector
- 90 - Enrolled Copy S.B. 195
3054
highway; or
3055
(C) any other strategy that when implemented may increase congestion or impede
3056
traffic flow for motor vehicles driving on an arterial or collector highway.
3057
(iii) "Mobility and environmental impact analysis" means a study that assesses the
3058
impacts within the study area of implementing a highway reduction strategy on
3059
arterial or collector highways, including the impacts to other state and local
3060
highways, mobility, traffic flow, pedestrian and nonmotorized vehicle flow, the
3061
economy, public health, quality of life, air quality, maintenance, and operations.
3062
(iv) "Study area" means the area within Salt Lake City that is west of Foothill Drive,
3063
north of 2100 South, east of I-15, and south of 600 North.
3064
(b)(i) Except as described in Subsection (4)(c), a city may not implement or begin a
3065
project as part of a highway reduction strategy on an arterial or a collector
3066
highway within the study area unless the project is part of a mobility plan
3067
approved by the department as described in this Subsection (4)(b).
3068
(ii) For a mobility plan described under Subsection (4)(b)(i), the city shall:
3069
(A) assess the alternate routes for traffic and impacts on surrounding highways
3070
due to any lane reduction;
3071
(B) evaluate impacts to vehicle trip time;
3072
(C) evaluate impacts to air quality;
3073
(D) evaluate the cumulative multimodal and safety impact of the proposed
3074
highway reduction strategies, including the cumulative impact from previous
3075
highway reduction strategies implemented over the previous five years;
3076
(E) provide options to mitigate negative impacts to vehicle traffic, vehicle trip
3077
time, air quality, or adjacent travel routes;
3078
(F) in collaboration with the department, assess impacts to state highways;
3079
(G) proactively seek out and consult with relevant stakeholders, including
3080
business owners, commuters, and residents impacted by the mobility plan and
3081
each proposed project within the mobility plan;
3082
(H) present the plan in an open and public meeting, including public comment;
3083
(I) provide an open house or other event to allow public interaction and feedback
3084
regarding the impacts of the mobility plan;
3085
(J) present the plan to the membership of the city's chamber of commerce and
3086
other business groups; and
3087
(K) provide the plan to the department for the department's review.
- 91 - S.B. 195 Enrolled Copy
3088
(iii)(A) After the department receives a complete mobility plan as described in
3089
Subsection (4)(b)(ii), the department shall determine if the mobility plan and
3090
each project included in the mobility plan meet the requirements of this section
3091
and shall approve or reject the plan within two months of receiving the
3092
mobility plan.
3093
(B) As part of the mobility plan, the city shall demonstrate to the department the
3094
manners in which the city involved and received input from the business
3095
community, the public, and other stakeholders as required in Subsection
3096
(4)(b)(ii).
3097
(c)(i) The city may begin or continue construction on an arterial or collector highway
3098
project related to any reduction strategy within the study area if the project has
3099
been advertised on or before February 25, 2025.
3100
(ii)(A) For a project related to any highway reduction strategy that was
3101
programmed by the department on or before July 1, 2024, but has not been
3102
advertised on or before February 25, 2025, the department may conduct an
3103
expedited review of the project.
3104
(B) If the department approves a project after an expedited review as described in
3105
Subsection (4)(c)(ii)(A), the city may begin or continue construction on the
3106
project.
3107
(d) The department shall, in partnership with the city, conduct a mobility and
3108
environmental impact analysis to determine the impacts of highway reduction
3109
strategies within the study area that the city has implemented on or after July 1, 2015,
3110
or has plans to implement on or before July 1, 2035.
3111
(e) As part of the mobility and environmental impact analysis, the department shall:
3112
(i) assess the cumulative impact of each highway reduction strategy within the study
3113
area that the city has implemented or has plans to implement between July 1,
3114
2015, and July 1, 2035; and
3115
(ii) consult with relevant stakeholders, including business owners, commuters, and
3116
residents impacted by the highway reduction strategy.
3117
(f) A city subject to a mobility and environmental impact analysis under this Subsection
3118
(4) shall provide to the department any information the department determines
3119
necessary for conducting the mobility and environmental impact analysis, including
3120
any plans that city has adopted or discussed with regards to a highway reduction
3121
strategy.
- 92 - Enrolled Copy S.B. 195
3122
(g)(i) The department shall provide the mobility and environmental impact analysis
3123
to the Transportation Interim Committee on or before October 15, 2025.
3124
(ii) The city shall provide a response to the mobility and environmental impact
3125
analysis to the Transportation Interim Committee on or before November 1, 2025.
3126
(h)(i) As provided in Section 63I-1-272, this Subsection (4) is subject to a sunset
3127
review by the Transportation Interim Committee during the 2028 interim.
3128
(ii) The Transportation Interim Committee may also evaluate the mobility plan
3129
process described in this Subsection (4) during the 2027 interim.
3130
Section 25. Section 72-1-303 is amended to read:
3131
72-1-303 (Effective 05/07/25). Duties of commission.
3132
(1) The commission has the following duties:
3133
(a) determining priorities and funding levels of projects and programs in the state
3134
transportation systems and the capital development of new public transit facilities for
3135
each fiscal year based on project lists compiled by the department and taking into
3136
consideration the strategic initiatives described in Section 72-1-211;
3137
(b) determining additions and deletions to state highways under Chapter 4, Designation
3138
of State Highways Act;
3139
(c) holding public meetings and otherwise providing for public input in transportation
3140
matters;
3141
(d) making policies and rules in accordance with Title 63G, Chapter 3, Utah
3142
Administrative Rulemaking Act, necessary to perform the commission's duties
3143
described under this section;
3144
(e) in accordance with Section 63G-4-301, reviewing orders issued by the executive
3145
director in adjudicative proceedings held in accordance with Title 63G, Chapter 4,
3146
Administrative Procedures Act;
3147
(f) advising the department on state transportation systems policy;
3148
(g) approving settlement agreements of condemnation cases subject to Section
3149
63G-10-401;
3150
(h) in accordance with Section 17B-2a-807, appointing a commissioner to serve as a
3151
nonvoting member or a voting member on the board of trustees of a public transit
3152
district;
3153
(i) in accordance with Section 17B-2a-808, reviewing, at least annually, the short-term
3154
and long-range public transit plans;
3155
(j) determining the priorities and funding levels of public transit innovation grants, as
- 93 - S.B. 195 Enrolled Copy
3156
defined in Section 72-2-401; and
3157
(k) reviewing administrative rules made, substantively amended, or repealed by the
3158
department.
3159
(2)(a) For projects prioritized with funding provided under Sections 72-2-124 and
3160
72-2-125, the commission shall annually report to [a committee designated by the
3161
Legislative Management Committee] the Transportation and Infrastructure
3162
Appropriations Subcommittee:
3163
(i) a prioritized list of the new transportation capacity projects in the state
3164
transportation system and the funding levels available for those projects; and
3165
(ii) the unfunded highway construction and maintenance needs within the state.
3166
(b) The [committee designated by the Legislative Management Committee under
3167
Subsection (2)(a)] Transportation and Infrastructure Appropriations Subcommittee
3168
shall:
3169
(i) review the list reported by the Transportation Commission; and
3170
(ii) make a recommendation to the Legislature on:
3171
(A) the amount of additional funding to allocate to transportation; and
3172
(B) the source of revenue for the additional funding allocation under Subsection
3173
(2)(b)(ii)(A).
3174
(3) The commission shall review and may approve plans for the construction of a highway
3175
facility over sovereign lakebed lands in accordance with Chapter 6, Part 3, Approval of
3176
Highway Facilities on Sovereign Lands Act.
3177
(4) One or more associations representing airport operators or pilots in the state shall
3178
annually report to the commission recommended airport improvement projects and any
3179
other information related to the associations' expertise and relevant to the commission's
3180
duties.
3181
Section 26. Section 72-1-304 is amended to read:
3182
72-1-304 (Effective 05/07/25). Written project prioritization process for new
3183
transportation capacity projects -- Rulemaking.
3184
(1)(a) The Transportation Commission, in consultation with the department and the
3185
metropolitan planning organizations as defined in Section 72-1-208.5, shall develop a
3186
written prioritization process for the prioritization of:
3187
(i) new transportation capacity projects that are or will be part of the state highway
3188
system under Chapter 4, Part 1, State Highways;
3189
(ii) paved pedestrian or paved nonmotorized transportation projects described in
- 94 - Enrolled Copy S.B. 195
3190
Section 72-2-124;
3191
(iii) public transit projects that directly add capacity to the public transit systems
3192
within the state, not including facilities ancillary to the public transit system; and
3193
(iv) pedestrian or nonmotorized transportation projects that provide connection to a
3194
public transit system.
3195
(b)(i) A local government or public transit district may nominate a project for
3196
prioritization in accordance with the process established by the commission in rule.
3197
(ii) If a local government or public transit district nominates a project for
3198
prioritization by the commission, the local government or public transit district
3199
shall provide data and evidence to show that:
3200
(A) the project will advance the purposes and goals described in Section 72-1-211;
3201
(B) for a public transit project, the local government or public transit district has
3202
an ongoing funding source for operations and maintenance of the proposed
3203
development; and
3204
(C) the local government or public transit district will provide the percentage of
3205
the costs for the project as required by Subsection 72-2-124(4)(a)(viii) or [
3206
72-2-124(9)(e)] 72-2-124(10)(e).
3207
(2) The following shall be included in the written prioritization process under Subsection (1):
3208
(a) a description of how the strategic initiatives of the department adopted under Section
3209
72-1-211 are advanced by the written prioritization process;
3210
(b) a definition of the type of projects to which the written prioritization process applies;
3211
(c) specification of a weighted criteria system that is used to rank proposed projects and
3212
how it will be used to determine which projects will be prioritized;
3213
(d) specification of the data that is necessary to apply the weighted ranking criteria; and
3214
(e) any other provisions the commission considers appropriate, which may include
3215
consideration of:
3216
(i) regional and statewide economic development impacts, including improved local
3217
access to:
3218
(A) employment;
3219
(B) educational facilities;
3220
(C) recreation;
3221
(D) commerce; and
3222
(E) residential areas, including moderate income housing as demonstrated in the
3223
local government's or public transit district's general plan pursuant to Section
- 95 - S.B. 195 Enrolled Copy
3224
10-9a-403 or 17-27a-403;
3225
(ii) the extent to which local land use plans relevant to a project support and
3226
accomplish the strategic initiatives adopted under Section 72-1-211; and
3227
(iii) any matching funds provided by a political subdivision or public transit district
3228
in addition to the percentage of costs required by Subsections 72-2-124(4)(a)(viii)
3229
and [72-2-124(9)(e)] 72-2-124(10)(e).
3230
(3)(a) When prioritizing a public transit project that increases capacity, the commission:
3231
(i) may give priority consideration to projects that are part of a transit-oriented
3232
development or transit-supportive development as defined in Section 17B-2a-802;
3233
and
3234
(ii) shall give priority consideration to projects that are within the boundaries of a
3235
housing and transit reinvestment zone created pursuant to Title 63N, Chapter 3,
3236
Part 6, Housing and Transit Reinvestment Zone Act.
3237
(b) When prioritizing a transportation project that increases capacity, the commission
3238
may give priority consideration to projects that are:
3239
(i) part of a transportation reinvestment zone created under Section 11-13-227 if:
3240
(A) the state is a participant in the transportation reinvestment zone; or
3241
(B) the commission finds that the transportation reinvestment zone provides a
3242
benefit to the state transportation system; or
3243
(ii) within the boundaries of a housing and transit reinvestment zone created pursuant
3244
to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act.
3245
(c) If the department receives a notice of prioritization for a municipality as described in
3246
Subsection 10-9a-408(5), or a notice of prioritization for a county as described in
3247
Subsection 17-27a-408(5), the commission may give priority consideration to
3248
transportation projects that are within the boundaries of the municipality or the
3249
unincorporated areas of the county until the department receives notification from the
3250
Housing and Community Development Division within the Department of Workforce
3251
Services that the municipality or county no longer qualifies for prioritization under
3252
this Subsection (3)(c).
3253
(d) When prioritizing a transportation project described in Subsection (1)(a)(ii) or (iv),
3254
the commission may give priority consideration to projects that improve connectivity
3255
pursuant to Section 10-8-87.
3256
(4) In developing the written prioritization process, the commission:
3257
(a) shall seek and consider public comment by holding public meetings at locations
- 96 - Enrolled Copy S.B. 195
3258
throughout the state; and
3259
(b) may not consider local matching dollars as provided under Section 72-2-123 unless
3260
the state provides an equal opportunity to raise local matching dollars for state
3261
highway improvements within each county.
3262
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3263
Transportation Commission, in consultation with the department, shall make rules
3264
establishing the written prioritization process under Subsection (1).
3265
(6) The commission shall submit the proposed rules under this section to [a committee or
3266
task force designated by the Legislative Management Committee ] the Transportation
3267
Interim Committee for review prior to taking final action on the proposed rules or any
3268
proposed amendment to the rules described in Subsection (5).
3269
Section 27. Section 72-1-305 is amended to read:
3270
72-1-305 (Effective 05/07/25). Project selection using the written prioritization
3271
process -- Public comment -- Report.
3272
(1) Except as provided in Subsection (4), in determining priorities and funding levels of
3273
projects in the state transportation system under Subsection 72-1-303(1)(a) that are new
3274
transportation capacity projects, the commission shall use the weighted criteria system
3275
adopted in the written prioritization process under Section 72-1-304.
3276
(2) Prior to finalizing priorities and funding levels of projects in the state transportation
3277
system, the commission shall conduct public meetings at locations around the state and
3278
accept public comments on:
3279
(a) the written prioritization process;
3280
(b) the merits of new transportation capacity projects that will be prioritized under this
3281
section; and
3282
(c) the merits of new transportation capacity projects as recommended by a consensus of
3283
local elected officials participating in a metropolitan planning organization as defined
3284
in Section 72-1-208.5.
3285
(3) The commission shall make the weighted criteria system ranking for each project
3286
publicly available prior to the public meetings held under Subsection (2).
3287
(4)(a) If the commission prioritizes a project over another project with a higher rank
3288
under the weighted criteria system, the commission shall identify the change and
3289
accept public comment at a meeting held under this section on the merits of
3290
prioritizing the project above higher ranked projects.
3291
(b) The commission shall make the reasons for the prioritization under Subsection (4)(a)
- 97 - S.B. 195 Enrolled Copy
3292
publicly available.
3293
(5)(a) The executive director or the executive director's designee shall report annually to
3294
the governor and [a committee designated by the Legislative Management Committee]
3295
the Transportation Interim Committee no later than the last day of October:
3296
(i) the projects prioritized under this section during the year prior to the report; and
3297
(ii) the status and progress of all projects prioritized under this section.
3298
(b) Annually, before any funds are programmed and allocated from the Transit
3299
Transportation Investment Fund created in Section 72-2-124 for each fiscal year, the
3300
executive director or the executive director's designee, along with the executive
3301
director of a large public transit district as described in Section 17B-2a-802, shall
3302
report to the governor and [a committee designated by the Legislative Management
3303
Committee ] the Transportation Interim Committee no later than the last day of
3304
October:
3305
(i) the public transit projects prioritized under this section during the year prior to the
3306
report; and
3307
(ii) the status and progress of all public transit projects prioritized under this section.
3308
(6) The department shall annually report to the Transportation Commission on the status of
3309
new capacity transportation projects, including projects that were funded by the
3310
Legislature in an appropriations act.
3311
Section 28. Section 72-2-106 is amended to read:
3312
72-2-106 (Effective 07/01/25). Appropriation and transfers from Transportation
3313
Fund.
3314
(1) On and after July 1, 1981, there is appropriated from the Transportation Fund to the use
3315
of the department an amount equal to two-elevenths of the taxes collected from the
3316
motor fuel tax and the special fuel tax, exclusive of the formula amount appropriated for
3317
class B and class C roads, to be used for highway rehabilitation.
3318
[(2) For a fiscal year beginning on or after July 1, 2016, the Division of Finance shall
3319
annually transfer an amount equal to the amount of revenue generated by a tax imposed
3320
on motor and special fuel that is sold, used, or received for sale or used in this state at a
3321
rate of 1.8 cents per gallon to the Transportation Investment Fund of 2005 created by
3322
Section 72-2-124.]
3323
[(3)] (2) For a fiscal year beginning on or after July 1, 2019, the Division of Finance shall
3324
annually transfer to the Transportation Investment Fund of 2005 created by Section
3325
72-2-124 an amount that is equal to 35% of the amount of revenue generated in the
- 98 - Enrolled Copy S.B. 195
3326
current fiscal year by the portion of the tax imposed on motor and special fuel that is
3327
sold, used, or received for sale or use in this state that exceeds 29.4 cents per gallon.
3328
[(4)] (3) For purposes of the calculation described in Subsection 59-12-103(7)(c), the
3329
Division of Finance shall notify the State Tax Commission of the amount of any transfer
3330
made under [Subsections (2) and (3)] Subsection (2).
3331
Section 29. Section 72-2-121 is amended to read:
3332
72-2-121 (Effective upon governor's approval). County of the First Class
3333
Highway Projects Fund.
3334
(1) There is created a special revenue fund within the Transportation Fund known as the
3335
"County of the First Class Highway Projects Fund."
3336
(2) The fund consists of money generated from the following revenue sources:
3337
(a) any voluntary contributions received for new construction, major renovations, and
3338
improvements to highways within a county of the first class;
3339
(b) the portion of the sales and use tax described in Subsection 59-12-2214(3)(b)
3340
deposited into or transferred to the fund;
3341
(c) the portion of the sales and use tax described in Section 59-12-2217 deposited into or
3342
transferred to the fund;
3343
(d) a portion of the local option highway construction and transportation corridor
3344
preservation fee imposed in a county of the first class under Section 41-1a-1222
3345
deposited into or transferred to the fund; and
3346
(e) the portion of the sales and use tax transferred into the fund as described in
3347
Subsections 59-12-2220(4)(a) and 59-12-2220(11)(b).
3348
(3)(a) The fund shall earn interest.
3349
(b) All interest earned on fund money shall be deposited into the fund.
3350
(4) Subject to Subsection (11), the executive director shall use the fund money only:
3351
(a) to pay debt service and bond issuance costs for bonds issued under Sections
3352
63B-16-102, 63B-18-402, and 63B-27-102;
3353
(b) for right-of-way acquisition, new construction, major renovations, and improvements
3354
to highways within a county of the first class and to pay any debt service and bond
3355
issuance costs related to those projects, including improvements to a highway located
3356
within a municipality in a county of the first class where the municipality is located
3357
within the boundaries of more than a single county;
3358
(c) for the construction, acquisition, use, maintenance, or operation of:
3359
(i) an active transportation facility for nonmotorized vehicles;
- 99 - S.B. 195 Enrolled Copy
3360
(ii) multimodal transportation that connects an origin with a destination; or
3361
(iii) a facility that may include a:
3362
(A) pedestrian or nonmotorized vehicle trail;
3363
(B) nonmotorized vehicle storage facility;
3364
(C) pedestrian or vehicle bridge; or
3365
(D) vehicle parking lot or parking structure;
3366
(d) to transfer to the 2010 Salt Lake County Revenue Bond Sinking Fund created by
3367
Section 72-2-121.3 the amount required in Subsection 72-2-121.3(4)(c) minus the
3368
amounts transferred in accordance with Subsection [72-2-124(4)(a)(iv)]
3369
72-2-124(4)(a)(v);
3370
(e) for a fiscal year beginning on or after July 1, 2013, to pay debt service and bond
3371
issuance costs for $30,000,000 of the bonds issued under Section 63B-18-401 for the
3372
projects described in Subsection 63B-18-401(4)(a);
3373
(f) for a fiscal year beginning on or after July 1, 2013, and after the department has
3374
verified that the amount required under Subsection 72-2-121.3(4)(c) is available in
3375
the fund, to transfer an amount equal to 50% of the revenue generated by the local
3376
option highway construction and transportation corridor preservation fee imposed
3377
under Section 41-1a-1222 in a county of the first class:
3378
(i) to the legislative body of a county of the first class; and
3379
(ii) to be used by a county of the first class for:
3380
(A) highway construction, reconstruction, or maintenance projects; or
3381
(B) the enforcement of state motor vehicle and traffic laws;
3382
(g) for a fiscal year beginning on or after July 1, 2015, after the department has verified
3383
that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund
3384
and the transfer under Subsection (4)(e) has been made, to annually transfer an
3385
amount of the sales and use tax revenue imposed in a county of the first class and
3386
deposited into the fund in accordance with Subsection 59-12-2214(3)(b) equal to an
3387
amount needed to cover the debt to:
3388
(i) the appropriate debt service or sinking fund for the repayment of bonds issued
3389
under Section 63B-27-102; and
3390
(ii) the appropriate debt service or sinking fund for the repayment of bonds issued
3391
under Sections 63B-31-102 and 63B-31-103;
3392
(h) after the department has verified that the amount required under Subsection
3393
72-2-121.3(4)(c) is available in the fund and after the transfer under Subsection (4)(d),
- 100 - Enrolled Copy S.B. 195
3394
the payment under Subsection (4)(e), and the transfer under Subsection (4)(g)(i) has
3395
been made, to annually transfer $2,000,000 to a public transit district in a county of
3396
the first class to fund a system for public transit;
3397
(i) for a fiscal year beginning on or after July 1, 2018, after the department has verified
3398
that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund
3399
and after the transfer under Subsection (4)(d), the payment under Subsection (4)(e),
3400
and the transfer under Subsection (4)(g)(i) has been made, to annually transfer 20%
3401
of the amount deposited into the fund under Subsection (2)(b):
3402
(i) to the legislative body of a county of the first class; and
3403
(ii) to fund parking facilities in a county of the first class that facilitate significant
3404
economic development and recreation and tourism within the state;
3405
(j) subject to Subsection (5), for a fiscal year beginning on or after July 1, 2021, and for
3406
15 years thereafter, to annually transfer the following amounts to the following cities
3407
and the county of the first class for priority projects to mitigate congestion and
3408
improve transportation safety:
3409
(i) $2,000,000 to Sandy;
3410
(ii) $2,300,000 to Taylorsville;
3411
(iii) $1,100,000 to Salt Lake City;
3412
(iv) $1,100,000 to West Jordan;
3413
(v) $1,100,000 to West Valley City;
3414
(vi) $800,000 to Herriman;
3415
(vii) $700,000 to Draper;
3416
(viii) $700,000 to Riverton;
3417
(ix) $700,000 to South Jordan;
3418
(x) $500,000 to Bluffdale;
3419
(xi) $500,000 to Midvale;
3420
(xii) $500,000 to Millcreek;
3421
(xiii) $500,000 to Murray;
3422
(xiv) $400,000 to Cottonwood Heights; and
3423
(xv) $300,000 to Holladay; and
3424
(k) for the 2024-25 and 2025-26 fiscal years, and subject to revenue balances after the
3425
distributions under Subsection (4)(j), to reimburse the following municipalities for
3426
the amounts and projects indicated, as each project progresses and as revenue
3427
balances allow:
- 101 - S.B. 195 Enrolled Copy
3428
(i) $3,200,000 to South Jordan for improvements to Bingham Rim Road from
3429
Grandville Avenue to Mountain View Corridor;
3430
(ii) $1,960,000 to Midvale for improvements to Center Street between State Street
3431
and 700 West;
3432
(iii) $3,500,000 to Salt Lake City for first and last mile public transit improvements
3433
throughout Salt Lake City;
3434
(iv) $1,500,000 to Cottonwood Heights for improvements to Fort Union Boulevard
3435
and 2300 East;
3436
(v) $3,450,000 to Draper for improvements to Bangerter Highway between 13800
3437
South and I-15;
3438
(vi) $10,500,000 to Herriman to construct a road between U-111 and 13200 South;
3439
(vii) $3,000,000 to West Jordan for improvements to 1300 West;
3440
(viii) $1,050,000 to Riverton for improvements to the Welby Jacob Canal trail
3441
between 11800 South and 13800 South;
3442
(ix) $3,500,000 to Taylorsville for improvements to Bangerter Highway and 4700
3443
South;
3444
(x) $470,000 to the department for construction of a sound wall on Bangerter
3445
Highway at approximately 11200 South;
3446
(xi) $1,250,000 to Murray for improvements to Murray Boulevard between 4800
3447
South and 5300 South;
3448
[(xii) $1,450,000 to West Valley for construction of a road connecting 5400 South to
3449
U-111;]
3450
[(xiii)] (xii) $1,840,000 to Magna for construction and improvements to 8400 West
3451
and 4100 South;
3452
[(xiv)] (xiii) $1,000,000 to South Jordan for construction of arterial roads connecting
3453
U-111 and Old Bingham Highway;
3454
[(xv)] (xiv) $1,200,000 to Millcreek for reconstruction of and improvements to 2000
3455
East between 3300 South and Atkin Avenue;
3456
[(xvi)] (xv) $1,230,000 to Holladay for improvements to Highland Drive between
3457
Van Winkle Expressway and Arbor Lane;
3458
[(xvii)] (xvi) [$1,800,000 ] $3,250,000 to West Valley City for improvements to 4000
3459
West between 4100 South and 4700 South and improvements to 4700 South from
3460
4000 West to Bangerter Highway; and
3461
[(xviii)] (xvii) $1,000,000 to Taylorsville for improvements to 4700 South at the I-215
- 102 - Enrolled Copy S.B. 195
3462
interchange.
3463
(5)(a) If revenue in the fund is insufficient to satisfy all of the transfers described in
3464
Subsection (4)(j), the executive director shall proportionately reduce the amounts
3465
transferred as described in Subsection (4)(j).
3466
(b) A local government may not use revenue described in Subsection (4)(j) to supplant
3467
existing class B or class C road funds that a local government has budgeted for
3468
transportation projects.
3469
(6) The revenues described in Subsections (2)(b), (c), and (d) that are deposited into the
3470
fund and bond proceeds from bonds issued under Sections 63B-16-102, 63B-18-402,
3471
and 63B-27-102 are considered a local matching contribution for the purposes described
3472
under Section 72-2-123.
3473
(7) The department may expend up to $3,000,000 of revenue deposited into the account as
3474
described in Subsection 59-12-2220(11)(b) for public transit innovation grants, as
3475
provided in Part [3] 4, Public Transit Innovation Grants.
3476
(8) The additional administrative costs of the department to administer this fund shall be
3477
paid from money in the fund.
3478
(9) Subject to Subsection (11), and notwithstanding any statutory or other restrictions on
3479
the use or expenditure of the revenue sources deposited into this fund, the Department of
3480
Transportation may use the money in this fund for any of the purposes detailed in
3481
Subsection (4).
3482
(10) Subject to Subsection (11), any revenue deposited into the fund as described in
3483
Subsection (2)(e) shall be used to provide funding or loans for public transit projects,
3484
operations, and supporting infrastructure in the county of the first class.
3485
(11) For the first three years after a county of the first class imposes a sales and use tax
3486
authorized in Section 59-12-2220, revenue deposited into the fund as described in
3487
Subsection (2)(e) shall be allocated as follows:
3488
(a) 10% to the department to construct an express bus facility on 5600 West; and
3489
(b) 90% into the County of the First Class Infrastructure Bank Fund created in Section
3490
72-2-302.
3491
Section 30. Section 72-2-121.3 is amended to read:
3492
72-2-121.3 (Effective 05/07/25). Special revenue fund -- 2010 Salt Lake County
3493
Revenue Bond Sinking Fund.
3494
(1) There is created a special revenue fund within the County of the First Class Highway
3495
Projects Fund entitled "2010 Salt Lake County Revenue Bond Sinking Fund."
- 103 - S.B. 195 Enrolled Copy
3496
(2) The fund consists of:
3497
(a) money transferred into the fund from the County of the First Class Highway Projects
3498
Fund in accordance with Subsection 72-2-121(4)(d); and
3499
(b) for a fiscal year beginning on or after July 1, 2013, money transferred into the fund
3500
from the Transportation Investment Fund of 2005 in accordance with Subsection [
3501
72-2-124(4)(a)(iv)] 72-2-124(4)(a)(v).
3502
(3)(a) The fund shall earn interest.
3503
(b) All interest earned on fund money shall be deposited into the fund.
3504
(4)(a) The director of the Division of Finance may use fund money only as provided in
3505
this section.
3506
(b) The director of the Division of Finance may not distribute any money from the fund
3507
under this section until the director has received a formal opinion from the attorney
3508
general that Salt Lake County has entered into a binding agreement with the state of
3509
Utah containing all of the terms required by Section 72-2-121.4.
3510
(c) Except as provided in Subsection (4)(b), and until the bonds issued by Salt Lake
3511
County as provided in the interlocal agreement required by Section 72-2-121.4 are
3512
paid off, on July 1 of each year beginning July 1, 2011, the director of the Division of
3513
Finance shall transfer from the County of the First Class Highway Projects Fund and
3514
the Transportation Investment Fund of 2005 to the 2010 Salt Lake County Revenue
3515
Bond Sinking Fund the amount certified by Salt Lake County that is necessary to pay:
3516
(i) up to two times the debt service requirement necessary to pay debt service on the
3517
revenue bonds issued by Salt Lake County for that fiscal year; and
3518
(ii) any additional amounts necessary to pay costs of issuance, pay capitalized
3519
interest, and fund any debt service reserve requirements.
3520
(d) Except as provided in Subsection (4)(b), and until the bonds issued by Salt Lake
3521
County as provided in the interlocal agreement required by Section 72-2-121.4 are
3522
paid off, the director of the Division of Finance shall, upon request from Salt Lake
3523
County, transfer to Salt Lake County or its designee from the 2010 Salt Lake County
3524
Revenue Bond Sinking Fund the amount certified by Salt Lake County as necessary
3525
to pay:
3526
(i) the debt service on the revenue bonds issued by Salt Lake County as provided in
3527
the interlocal agreement required by Section 72-2-121.4; and
3528
(ii) any additional amounts necessary to pay costs of issuance, pay capitalized
3529
interest, and fund any debt service reserve requirements.
- 104 - Enrolled Copy S.B. 195
3530
(5) Any money remaining in the 2010 Salt Lake County Revenue Bond Sinking Fund at the
3531
end of the fiscal year lapses to the County of the First Class Highway Projects Fund.
3532
Section 31. Section 72-2-123 is amended to read:
3533
72-2-123 (Effective 05/07/25). Rules adopting guidelines -- Partnering to finance
3534
state highway capacity improvements -- Partnering proposals.
3535
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3536
commission, in consultation with representatives of local government, shall make rules
3537
adopting guidelines for partnering with counties and municipalities for their help to
3538
finance state highway improvement projects through:
3539
(a) local matching dollars;
3540
(b) agreements regarding new revenue a county or municipality expects will be
3541
generated as a result of the construction of a state highway improvement project; or
3542
(c) other local participation methods.
3543
(2) The guidelines described in Subsection (1) shall encourage partnering to help finance
3544
state highway improvement projects and provide for:
3545
(a) the consideration of factors relevant to a decision to make a program adjustment
3546
including the potential to:
3547
(i) extend department resources to other needed projects;
3548
(ii) alleviate significant existing or future congestion or hazards to the traveling
3549
public; and
3550
(iii) address a need that is widely recognized by the public, elected officials, and
3551
transportation planners;
3552
(b) a process for submitting, evaluating, and hearing partnering proposals; and
3553
(c) the creation of a public record of each proposal from initial submission to final
3554
disposition.
3555
(3) The commission shall submit the proposed rules under this section to [a committee or
3556
task force designated by the Legislative Management Committee] the Transportation
3557
Interim Committee for review prior to taking final action on the proposed rules or any
3558
proposed amendment to the rules.
3559
Section 32. Section 72-2-124 is amended to read:
3560
72-2-124 (Effective 05/07/25). Transportation Investment Fund of 2005.
3561
(1) There is created a capital projects fund entitled the Transportation Investment Fund of
3562
2005.
3563
(2) The fund consists of money generated from the following sources:
- 105 - S.B. 195 Enrolled Copy
3564
(a) any voluntary contributions received for the maintenance, construction,
3565
reconstruction, or renovation of state and federal highways;
3566
(b) appropriations made to the fund by the Legislature;
3567
(c) registration fees designated under Section 41-1a-1201;
3568
(d) the sales and use tax revenues deposited into the fund in accordance with Section
3569
59-12-103; and
3570
(e) revenues transferred to the fund in accordance with Section 72-2-106.
3571
(3)(a) The fund shall earn interest.
3572
(b) All interest earned on fund money shall be deposited into the fund.
3573
(4)(a) Except as provided in Subsection (4)(b), the executive director may only use fund
3574
money to pay:
3575
(i) the costs of maintenance, construction, reconstruction, or renovation to state and
3576
federal highways prioritized by the Transportation Commission through the
3577
prioritization process for new transportation capacity projects adopted under
3578
Section 72-1-304;
3579
(ii) the costs of maintenance, construction, reconstruction, or renovation to the
3580
highway projects described in Subsections 63B-18-401(2), (3), and (4);
3581
(iii) subject to Subsection (9), costs of corridor preservation, as that term is defined in
3582
Section 72-5-401;
3583
[(iii)] (iv) principal, interest, and issuance costs of bonds authorized by Section
3584
63B-18-401 minus the costs paid from the County of the First Class Highway
3585
Projects Fund in accordance with Subsection 72-2-121(4)(e);
3586
[(iv)] (v) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010
3587
Salt Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the
3588
amount certified by Salt Lake County in accordance with Subsection 72-2-121.3
3589
(4)(c) as necessary to pay the debt service on $30,000,000 of the revenue bonds
3590
issued by Salt Lake County;
3591
[(v)] (vi) principal, interest, and issuance costs of bonds authorized by Section
3592
63B-16-101 for projects prioritized in accordance with Section 72-2-125;
3593
[(vi) all highway general obligation bonds that are intended to be paid from revenues
3594
in the Centennial Highway Fund created by Section 72-2-118;]
3595
(vii) for fiscal year 2015-16 only, to transfer $25,000,000 to the County of the First
3596
Class Highway Projects Fund created in Section 72-2-121 to be used for the
3597
purposes described in Section 72-2-121;
- 106 - Enrolled Copy S.B. 195
3598
(viii) if a political subdivision provides a contribution equal to or greater than 40% of
3599
the costs needed for construction, reconstruction, or renovation of paved
3600
pedestrian or paved nonmotorized transportation for projects that:
3601
(A) mitigate traffic congestion on the state highway system;
3602
(B) are part of an active transportation plan approved by the department; and
3603
(C) are prioritized by the commission through the prioritization process for new
3604
transportation capacity projects adopted under Section 72-1-304;
3605
(ix) $705,000,000 for the costs of right-of-way acquisition, construction,
3606
reconstruction, or renovation of or improvement to the following projects:
3607
(A) the connector road between Main Street and 1600 North in the city of
3608
Vineyard;
3609
(B) Geneva Road from University Parkway to 1800 South;
3610
(C) the SR-97 interchange at 5600 South on I-15;
3611
(D) subject to Subsection (4)(c), two lanes on U-111 from Herriman Parkway to
3612
South Jordan Parkway;
3613
(E) widening I-15 between mileposts 10 and 13 and the interchange at milepost 11;
3614
(F) improvements to 1600 North in Orem from 1200 West to State Street;
3615
(G) widening I-15 between mileposts 6 and 8;
3616
(H) widening 1600 South from Main Street in the city of Spanish Fork to SR-51;
3617
(I) widening US 6 from Sheep Creek to Mill Fork between mileposts 195 and 197
3618
in Spanish Fork Canyon;
3619
(J) I-15 northbound between mileposts 43 and 56;
3620
(K) a passing lane on SR-132 between mileposts 41.1 and 43.7 between mileposts
3621
43 and 45.1;
3622
(L) east Zion SR-9 improvements;
3623
(M) Toquerville Parkway;
3624
(N) an environmental study on Foothill Boulevard in the city of Saratoga Springs;
3625
(O) using funds allocated in this Subsection (4)(a)(ix), and other sources of funds,
3626
for construction of an interchange on Bangerter Highway at 13400 South; and
3627
(P) an environmental impact study for Kimball Junction in Summit County;[ and]
3628
(x) $28,000,000 as pass-through funds, to be distributed as necessary to pay project
3629
costs based upon a statement of cash flow that the local jurisdiction where the
3630
project is located provides to the department demonstrating the need for money
3631
for the project, for the following projects in the following amounts:
- 107 - S.B. 195 Enrolled Copy
3632
(A) $5,000,000 for Payson Main Street repair and replacement;
3633
(B) $8,000,000 for a Bluffdale 14600 South railroad bypass;
3634
(C) $5,000,000 for improvements to 4700 South in Taylorsville; and
3635
(D) $10,000,000 for improvements to the west side frontage roads adjacent to U.S.
3636
40 between mile markers 7 and 10[.] ;
3637
(xi) for a fiscal year beginning on July 1, 2025, only, as pass-through funds from
3638
revenue deposited into the fund in accordance with Section 59-12-103, for the
3639
following projects:
3640
(A) $3,000,000 for the department to perform an environmental study for the I-15
3641
Salem and Benjamin project; and
3642
(B) $2,000,000, as pass-through funds, to Kane County for the Coral Pink Sand
3643
Dunes Road project; and
3644
(xii) for a fiscal year beginning on July 1, 2025, up to $300,000,000 for the costs of
3645
right-of-way acquisition and construction for improvements on SR-89 in a county
3646
of the first class.
3647
(b) The executive director may use fund money to exchange for an equal or greater
3648
amount of federal transportation funds to be used as provided in Subsection (4)(a).
3649
(c)(i) Construction related to the project described in Subsection (4)(a)(ix)(D) may
3650
not commence until a right-of-way not owned by a federal agency that is required
3651
for the realignment and extension of U-111, as described in the department's 2023
3652
environmental study related to the project, is dedicated to the department.
3653
(ii) Notwithstanding Subsection (4)(c)(i), if a right-of-way is not dedicated for the
3654
project as described in Subsection (4)(c)(i) on or before October 1, 2024, the
3655
department may proceed with the project, except that the project will be limited to
3656
two lanes on U-111 from Herriman Parkway to 11800 South.
3657
(5)(a) Except as provided in Subsection (5)(b), if the department receives a notice of
3658
ineligibility for a municipality as described in Subsection 10-9a-408(7), the executive
3659
director may not program fund money to a project prioritized by the commission
3660
under Section 72-1-304, including fund money from the Transit Transportation
3661
Investment Fund, within the boundaries of the municipality until the department
3662
receives notification from the Housing and Community Development Division within
3663
the Department of Workforce Services that ineligibility under this Subsection (5) no
3664
longer applies to the municipality.
3665
(b) Within the boundaries of a municipality described in Subsection (5)(a), the executive
- 108 - Enrolled Copy S.B. 195
3666
director:
3667
(i) may program fund money in accordance with Subsection (4)(a) for a
3668
limited-access facility or interchange connecting limited-access facilities;
3669
(ii) may not program fund money for the construction, reconstruction, or renovation
3670
of an interchange on a limited-access facility;
3671
(iii) may program Transit Transportation Investment Fund money for a
3672
multi-community fixed guideway public transportation project; and
3673
(iv) may not program Transit Transportation Investment Fund money for the
3674
construction, reconstruction, or renovation of a station that is part of a fixed
3675
guideway public transportation project.
3676
(c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive
3677
director before July 1, 2022, for projects prioritized by the commission under Section
3678
72-1-304.
3679
(6)(a) Except as provided in Subsection (6)(b), if the department receives a notice of
3680
ineligibility for a county as described in Subsection 17-27a-408(7), the executive
3681
director may not program fund money to a project prioritized by the commission
3682
under Section 72-1-304, including fund money from the Transit Transportation
3683
Investment Fund, within the boundaries of the unincorporated area of the county until
3684
the department receives notification from the Housing and Community Development
3685
Division within the Department of Workforce Services that ineligibility under this
3686
Subsection (6) no longer applies to the county.
3687
(b) Within the boundaries of the unincorporated area of a county described in Subsection
3688
(6)(a), the executive director:
3689
(i) may program fund money in accordance with Subsection (4)(a) for a
3690
limited-access facility to a project prioritized by the commission under Section
3691
72-1-304;
3692
(ii) may not program fund money for the construction, reconstruction, or renovation
3693
of an interchange on a limited-access facility;
3694
(iii) may program Transit Transportation Investment Fund money for a
3695
multi-community fixed guideway public transportation project; and
3696
(iv) may not program Transit Transportation Investment Fund money for the
3697
construction, reconstruction, or renovation of a station that is part of a fixed
3698
guideway public transportation project.
3699
(c) Subsections (6)(a) and (b) do not apply to a project programmed by the executive
- 109 - S.B. 195 Enrolled Copy
3700
director before July 1, 2022, for projects prioritized by the commission under Section
3701
72-1-304.
3702
(7)(a) Before bonds authorized by Section 63B-18-401 or 63B-27-101 may be issued in
3703
any fiscal year, the department and the commission shall appear before the Executive
3704
Appropriations Committee of the Legislature and present the amount of bond
3705
proceeds that the department needs to provide funding for the projects identified in
3706
Subsections 63B-18-401(2), (3), and (4) or Subsection 63B-27-101(2) for the current
3707
or next fiscal year.
3708
(b) The Executive Appropriations Committee of the Legislature shall review and
3709
comment on the amount of bond proceeds needed to fund the projects.
3710
(8) The Division of Finance shall, from money deposited into the fund, transfer the amount
3711
of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
3712
Section 63B-18-401 or 63B-27-101 in the current fiscal year to the appropriate debt
3713
service or sinking fund.
3714
(9) The executive director may only use money in the fund for corridor preservation as
3715
described in Subsection (4)(a)(iii):
3716
(a) if the project has been prioritized by the commission, including the use of fund
3717
money for corridor preservation; or
3718
(b) for a project that has not been prioritized by the commission, if the commission:
3719
(i) approves the use of fund money for the corridor preservation; and
3720
(ii) finds that the use of fund money for corridor preservation will not result in any
3721
delay to a project that has been prioritized by the commission.
3722
[(9)] (10)(a) There is created in the Transportation Investment Fund of 2005 the Transit
3723
Transportation Investment Fund.
3724
(b) The fund shall be funded by:
3725
(i) contributions deposited into the fund in accordance with Section 59-12-103;
3726
(ii) appropriations into the account by the Legislature;
3727
(iii) deposits of sales and use tax increment related to a housing and transit
3728
reinvestment zone as described in Section 63N-3-610;
3729
(iv) transfers of local option sales and use tax revenue as described in Subsection
3730
59-12-2220(11)(b) or (c);
3731
(v) private contributions; and
3732
(vi) donations or grants from public or private entities.
3733
(c)(i) The fund shall earn interest.
- 110 - Enrolled Copy S.B. 195
3734
(ii) All interest earned on fund money shall be deposited into the fund.
3735
(d) Subject to Subsection [(9)(e)] (10)(e), the commission may prioritize money from the
3736
fund:
3737
(i) for public transit capital development of new capacity projects and fixed guideway
3738
capital development projects to be used as prioritized by the commission through
3739
the prioritization process adopted under Section 72-1-304;
3740
(ii) to the department for oversight of a fixed guideway capital development project
3741
for which the department has responsibility; or
3742
(iii) up to $500,000 per year, to be used for a public transit study.
3743
(e)(i) Subject to Subsections [(9)(g)] (10)(g), (h), and (i), the commission may only
3744
prioritize money from the fund for a public transit capital development project or
3745
pedestrian or nonmotorized transportation project that provides connection to the
3746
public transit system if the public transit district or political subdivision provides
3747
funds of equal to or greater than 30% of the costs needed for the project.
3748
(ii) A public transit district or political subdivision may use money derived from a
3749
loan granted pursuant to[ Title 72, Chapter 2,] Part 2, State Infrastructure Bank
3750
Fund, to provide all or part of the 30% requirement described in Subsection [
3751
(9)(e)(i)] (10)(e)(i) if:
3752
(A) the loan is approved by the commission as required in[ Title 72, Chapter 2,]
3753
Part 2, State Infrastructure Bank Fund; and
3754
(B) the proposed capital project has been prioritized by the commission pursuant
3755
to Section 72-1-303.
3756
(f) Before July 1, 2022, the department and a large public transit district shall enter into
3757
an agreement for a large public transit district to pay the department $5,000,000 per
3758
year for 15 years to be used to facilitate the purchase of zero emissions or low
3759
emissions rail engines and trainsets for regional public transit rail systems.
3760
(g) For any revenue transferred into the fund pursuant to Subsection 59-12-2220(11)(b):
3761
(i) the commission may prioritize money from the fund for public transit projects,
3762
operations, or maintenance within the county of the first class; and
3763
(ii) Subsection [(9)(e)] (10)(e) does not apply.
3764
(h) For any revenue transferred into the fund pursuant to Subsection 59-12-2220(11)(c):
3765
(i) the commission may prioritize public transit projects, operations, or maintenance
3766
in the county from which the revenue was generated; and
3767
(ii) Subsection [(9)(e)] (10)(e) does not apply.
- 111 - S.B. 195 Enrolled Copy
3768
(i) The requirement to provide funds equal to or greater than 30% of the costs needed for
3769
the project described in Subsection [(9)(e)] (10)(e) does not apply to a public transit
3770
capital development project or pedestrian or nonmotorized transportation project that
3771
the department proposes.
3772
(j) In accordance with Part [3] 4, Public Transit Innovation Grants, the commission may
3773
prioritize money from the fund for public transit innovation grants, as defined in
3774
Section 72-2-401, for public transit capital development projects requested by a
3775
political subdivision within a public transit district.
3776
[(10)] (11)(a) There is created in the Transportation Investment Fund of 2005 the
3777
Cottonwood Canyons Transportation Investment Fund.
3778
(b) The fund shall be funded by:
3779
(i) money deposited into the fund in accordance with Section 59-12-103;
3780
(ii) appropriations into the account by the Legislature;
3781
(iii) private contributions; and
3782
(iv) donations or grants from public or private entities.
3783
(c)(i) The fund shall earn interest.
3784
(ii) All interest earned on fund money shall be deposited into the fund.
3785
(d) The Legislature may appropriate money from the fund for public transit or
3786
transportation projects in the Cottonwood Canyons of Salt Lake County.
3787
(e) The department may use up to 2% of the revenue deposited into the account under
3788
Subsection 59-12-103(7)(b) to contract with local governments as necessary for
3789
public safety enforcement related to the Cottonwood Canyons of Salt Lake County.
3790
[(11)] (12)(a) There is created in the Transportation Investment Fund of 2005 the Active
3791
Transportation Investment Fund.
3792
(b) The fund shall be funded by:
3793
(i) money deposited into the fund in accordance with Section 59-12-103;
3794
(ii) appropriations into the account by the Legislature; and
3795
(iii) donations or grants from public or private entities.
3796
(c)(i) The fund shall earn interest.
3797
(ii) All interest earned on fund money shall be deposited into the fund.
3798
(d) The executive director may only use fund money to pay the costs needed for:
3799
(i) the planning, design, construction, maintenance, reconstruction, or renovation of
3800
paved pedestrian or paved nonmotorized trail projects that:
3801
(A) are prioritized by the commission through the prioritization process for new
- 112 - Enrolled Copy S.B. 195
3802
transportation capacity projects adopted under Section 72-1-304;
3803
(B) serve a regional purpose; and
3804
(C) are part of an active transportation plan approved by the department or the
3805
plan described in Subsection [(11)(d)(ii)] (12)(d)(ii);
3806
(ii) the development of a plan for a statewide network of paved pedestrian or paved
3807
nonmotorized trails that serve a regional purpose; and
3808
(iii) the administration of the fund, including staff and overhead costs.
3809
[(12)] (13)(a) As used in this Subsection [(12)] (13), "commuter rail" means the same as
3810
that term is defined in Section 63N-3-602.
3811
(b) There is created in the Transit Transportation Investment Fund the Commuter Rail
3812
Subaccount.
3813
(c) The subaccount shall be funded by:
3814
(i) contributions deposited into the subaccount in accordance with Section 59-12-103;
3815
(ii) appropriations into the subaccount by the Legislature;
3816
(iii) private contributions; and
3817
(iv) donations or grants from public or private entities.
3818
(d)(i) The subaccount shall earn interest.
3819
(ii) All interest earned on money in the subaccount shall be deposited into the
3820
subaccount.
3821
(e) As prioritized by the commission through the prioritization process adopted under
3822
Section 72-1-304 or as directed by the Legislature, the department may only use
3823
money from the subaccount for projects that improve the state's commuter rail
3824
infrastructure, including the building or improvement of grade-separated crossings
3825
between commuter rail lines and public highways.
3826
(f) Appropriations made in accordance with this section are nonlapsing in accordance
3827
with Section 63J-1-602.1.
3828
Section 33. Section 72-2-303 is amended to read:
3829
72-2-303 (Effective 05/07/25). Loans and assistance -- Authority -- Rulemaking.
3830
(1) Money in the fund may be used by the department, as prioritized by the commission or
3831
as directed by the Legislature, to make infrastructure loans or to provide infrastructure
3832
assistance to any public entity for any purpose consistent with any applicable
3833
constitutional limitation.
3834
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3835
commission shall make rules providing procedures and standards for making
- 113 - S.B. 195 Enrolled Copy
3836
infrastructure loans and providing infrastructure assistance and a process for
3837
prioritization of requests for loans and assistance.
3838
(3) The prioritization process, procedures, and standards for making an infrastructure loan
3839
or providing infrastructure assistance may include consideration of the following:
3840
(a) availability of money in the fund;
3841
(b) credit worthiness of the project;
3842
(c) demonstration that the project will encourage, enhance, or create economic benefits
3843
to the state or political subdivision;
3844
(d) likelihood that assistance would enable the project to proceed at an earlier date than
3845
would otherwise be possible;
3846
(e) the extent to which assistance would foster innovative public-private partnerships
3847
and attract private debt or equity investment;
3848
(f) demonstration that the project provides a benefit to the state highway system,
3849
including safety or mobility improvements;
3850
(g) the amount of proposed assistance as a percentage of the overall project costs with
3851
emphasis on local and private participation;
3852
(h) demonstration that the project provides intermodal connectivity with public
3853
transportation, pedestrian, or nonmotorized transportation facilities;[ and]
3854
(i) improvement of transportation connectivity pursuant to Section 10-8-87; and
3855
[(i)] (j) other provisions the commission considers appropriate.
3856
Section 34. Section 72-2-401 is amended to read:
3857
72-2-401 (Effective 05/07/25). Definitions.
3858
As used in this part:
3859
(1) "Council of governments" means the same as that term is defined in Section 17B-2a-802.
3860
(2) "Grant" means a public transit innovation grant.
3861
(3) "High growth area" means an area or municipality within a public transit district that:
3862
(a) has significantly higher population increase relative to other areas within the county;
3863
and
3864
(b) is projected to continue to have significant population growth.
3865
(4) "Public transit district" means the same as that term is defined in Section 17B-2a-802.
3866
(5)(a) "Public transit innovation grant" means a grant awarded on or after July 1, 2026,
3867
to provide targeted pilot programs to:
3868
(i) increase public transit ridership;
3869
(ii) increase public transit service in high growth areas within the public transit
- 114 - Enrolled Copy S.B. 195
3870
district; and
3871
(iii) work toward expanding public transit services.
3872
(b) "Public transit innovation grant" includes a grant to provide:
3873
(i) pilot bus routes and services in high growth areas;
3874
(ii) pilot shuttle connections between fixed guideway stations and job centers,
3875
recreation and cultural facilities and attractions, or schools; and
3876
(iii) other pilot programs similar to those described in Subsections (5)(b)(i) and (ii) as
3877
coordinated between the public transit district and political subdivisions within the
3878
public transit district.
3879
Section 35. Section 72-2-402 is amended to read:
3880
72-2-402 (Effective 05/07/25). Public transit innovation grant funding sources.
3881
(1) In accordance with Section 72-2-403, the commission, in coordination with the
3882
department, may rank, prioritize, and provide public transit innovation grants with
3883
money derived from the following sources:
3884
(a) certain local option sales and use tax revenue as described in Subsection 59-12-2219
3885
(11)(b); and
3886
(b) revenue deposited in accordance with Subsection 59-12-2220(11) into the County of
3887
the First Class Highway Projects Fund created in Section 72-2-121.
3888
(2) In accordance with Section 72-2-124, the department may rank and prioritize public
3889
transit innovation grants for capital development to the commission, to be funded with
3890
money derived from the Transit Transportation Investment Fund as described in
3891
Subsection [72-2-124(9)] 72-2-124(10).
3892
(3) Administrative costs of the department to administer public transit innovation grants
3893
under this part shall be paid from the funds described in Subsection (1)(a).
3894
Section 36. Section 72-2-403 is amended to read:
3895
72-2-403 (Effective 05/07/25). Public transit innovation grants -- Administration.
3896
(1) The commission, in consultation with the department, relevant councils of governments,
3897
metropolitan planning organizations, and public transit districts, shall develop a process
3898
for the prioritization of grant proposals that includes:
3899
(a) instructions on making and submitting a grant proposal;
3900
(b) methodology for selecting grants; and
3901
(c) methodology for awarding grants.
3902
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3903
commission shall make rules to establish the process described in Subsection (1) and as
- 115 - S.B. 195 Enrolled Copy
3904
otherwise necessary to implement this part.
3905
(3) [The department shall] On or after July 1, 2026, the department may:
3906
(a) accept grant applications;
3907
(b) rank grant proposals based on the objectives and criteria established in this part; and
3908
(c) provide money to grant recipients as directed by the commission and in accordance
3909
with this part.
3910
(4) A municipality or a group of municipalities may submit a grant proposal to the
3911
department.
3912
(5)(a) A public transit innovation grant proposal shall include data, evidence, and
3913
information about:
3914
(i) how the project will advance the purposes and goals of a public transit innovation
3915
grant described in Subsection 72-2-401(5);
3916
(ii) how the proposed services will provide a direct public transit service benefit to
3917
the municipality or area;
3918
(iii) the proposed mode of public transit or purpose for the funding;
3919
(iv) the proposed operator of the service, including qualifications for any proposed
3920
operator that is not a public transit district;
3921
(v) any funds provided by the municipality or group of municipalities as part of the
3922
grant proposal;
3923
(vi) how the pilot service will improve ridership in the municipality or area; and
3924
(vii) any other information that the municipality or public transit district finds
3925
relevant.
3926
(b) A public transit innovation grant proposal may propose a term of up to three years.
3927
(c) A public transit innovation grant proposal shall include information regarding
3928
integration and coordination with existing public transit services.
3929
(6) In considering a public transit innovation grant proposal, the commission shall consider
3930
criteria including:
3931
(a) population growth within the municipality or area relative to other municipalities or
3932
areas within the same county;
3933
(b) how the proposal furthers the following objectives:
3934
(i) increasing public transit ridership in the area;
3935
(ii) improving connectivity for the first and last mile relative to other public transit
3936
services; and
3937
(iii) improving public transit connectivity in high-growth areas within the public
- 116 - Enrolled Copy S.B. 195
3938
transit district; and
3939
(c) any funds proposed to be invested by the municipality or public transit district as part
3940
of the grant proposal.
3941
(7) The grant proposal may allow for bids for a vendor or public transit district to provide
3942
or operate the proposed services.
3943
(8) Subject to available funding described in Subsection 72-2-402(1), the commission may
3944
award a public transit innovation grant to a recipient that the commission determines
3945
furthers the objectives described in Subsections (5) and (6).
3946
(9)(a) Subject to Subsection (9)(b), if the commission approves a grant to provide money
3947
from a local option sales and use tax described in Subsection 59-12-2219(11), a
3948
public transit district shall transfer the money to the department, and the department
3949
shall transfer the money to the grant recipient.
3950
(b) A public transit district may offset money from a local option sales and use tax
3951
described in Subsection 59-12-2219(11) with other funds available to the public
3952
transit district.
3953
(10) If the commission approves a grant to provide money as provided in Subsection
3954
72-2-121(7), the department shall transfer the money to the grant recipient.
3955
(11) Any grant funds, assets, or infrastructure acquired or improved through a public transit
3956
innovation grant under this part belong to the grant recipient.
3957
Section 37. Section 72-3-109 is amended to read:
3958
72-3-109 (Effective 05/07/25). Division of responsibility with respect to state
3959
highways in cities and towns.
3960
(1) Except as provided in Subsection (3), the jurisdiction and responsibility of the
3961
department and the municipalities for state highways within municipalities is as follows:
3962
(a) The department has jurisdiction over and is responsible for the construction and
3963
maintenance of:
3964
(i) the portion of the state highway located between the back of the curb on either
3965
side of the state highway; or
3966
(ii) if there is no curb, the traveled way, its contiguous shoulders, and appurtenances.
3967
(b) The department may widen or improve state highways within municipalities.
3968
(c)(i) A municipality has jurisdiction over all other portions of the right-of-way and is
3969
responsible for construction and maintenance of the right-of-way.
3970
(ii) If a municipality grants permission for the installation of any pole, pipeline,
3971
conduit, sewer, ditch, culvert, billboard, advertising sign, or any other structure or
- 117 - S.B. 195 Enrolled Copy
3972
object of any kind or character within the portion of the right-of-way under its
3973
jurisdiction:
3974
(A) the permission shall contain the condition that any installation will be
3975
removed from the right-of-way at the request of the municipality; and
3976
(B) the municipality shall cause any installation to be removed at the request of
3977
the department when the department finds the removal necessary:
3978
(I) to eliminate a hazard to traffic safety;
3979
(II) for the construction and maintenance of the state highway; or
3980
(III) to meet the requirements of federal regulations.
3981
(iii) Except as provided in Subsection (1)(h), a municipality may not install or grant
3982
permission for the installation of any pole, pipeline, conduit, sewer, ditch, culvert,
3983
billboard, advertising sign, or any other structure or object of any kind or
3984
character within the portion of the state highway right-of-way under its
3985
jurisdiction without the prior written approval of the department.
3986
(iv) The department may, by written agreement with a municipality, waive the
3987
requirement of its approval under Subsection (1)(c)(iii) for certain types and
3988
categories of installations.
3989
(d) If it is necessary that a utility, as defined in Section 72-6-116, be relocated,
3990
reimbursement shall be made for the relocation as provided for in Section 72-6-116.
3991
(e)(i) The department shall construct curbs, gutters, and sidewalks on the state
3992
highways if necessary for the proper control of traffic, driveway entrances, or
3993
drainage.
3994
(ii) If a state highway is widened or altered and existing curbs, gutters, or sidewalks
3995
are removed, the department shall replace the curbs, gutters, or sidewalks.
3996
(f)(i) The department may furnish and install street lighting systems for state
3997
highways[, but their operation and maintenance is the responsibility of the
3998
municipality].
3999
(ii) The municipality is responsible for the operation and maintenance of a street
4000
lighting system furnished and installed by the department, except that the
4001
department shall operate and maintain street lighting that the department furnishes
4002
and installs:
4003
(A) along an interstate highway; or
4004
(B) at a signalized intersection that includes a state highway.
4005
(iii) Notwithstanding Subsection (1)(f)(ii)(B), the municipality is responsible for the
- 118 - Enrolled Copy S.B. 195
4006
installation costs, operation, and maintenance of decorative lighting installed at
4007
the request of a municipality.
4008
(g) If new storm sewer facilities are necessary in the construction and maintenance of
4009
the state highways, the cost of the storm sewer facilities shall be borne by the state
4010
and the municipality in a proportion mutually agreed upon between the department
4011
and the municipality.
4012
(h)(i) For a portion of a state highway right-of-way for which a municipality has
4013
jurisdiction, and upon request of the municipality, the department shall grant
4014
permission for the municipality to issue permits within the state highway
4015
right-of-way, provided that:
4016
(A) the municipality gives the department seven calendar days to review and
4017
provide comments on the permit; and
4018
(B) upon the request of the department, the municipality incorporates changes to
4019
the permit as jointly agreed upon by the municipality and the department.
4020
(ii) If the department fails to provide a response as described in Subsection (1)(h)(i)
4021
within seven calendar days, the municipality may issue the permit.
4022
(2)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4023
the department shall make rules governing the location and construction of approach
4024
roads and driveways entering the state highway. The rules shall:
4025
(i) include criteria for the design, location, and spacing of approach roads and
4026
driveways based on the functional classification of the adjacent highway,
4027
including the urban or rural nature of the area;
4028
(ii) be consistent with the "Manual on Uniform Traffic Control Devices" and the
4029
model access management policy or ordinance developed by the department under
4030
Subsection 72-2-117(8);
4031
(iii) include procedures for:
4032
(A) the application and review of a permit for approach roads and driveways
4033
including review of related site plans that have been recommended according
4034
to local ordinances; and
4035
(B) approving, modifying, denying, or appealing the modification or denial of a
4036
permit for approach roads and driveways within 45 days of receipt of the
4037
application; and
4038
(iv) require written justifications for modifying or denying a permit.
4039
(b) The department may delegate the administration of the rules to the highway
- 119 - S.B. 195 Enrolled Copy
4040
authorities of a municipality.
4041
(c) In accordance with this section and Section 72-7-104, an approach road or driveway
4042
may not be constructed on a state highway without a permit issued under this section.
4043
(3) The department has jurisdiction and control over the entire right-of-way of interstate
4044
highways within municipalities and is responsible for the construction, maintenance, and
4045
regulation of the interstate highways within municipalities.
4046
Section 38. Section 72-6-118 is amended to read:
4047
72-6-118 (Effective 05/07/25). Definitions -- Establishment and operation of
4048
tollways -- Imposition and collection of tolls -- Amount of tolls -- Rulemaking.
4049
(1) As used in this section:
4050
(a) "High occupancy toll lane" means a high occupancy vehicle lane designated under
4051
Section 41-6a-702 that may be used by an operator of a vehicle carrying less than the
4052
number of persons specified for the high occupancy vehicle lane if the operator of the
4053
vehicle pays a toll or fee.
4054
(b) "Toll" means any tax, fee, or charge assessed for the specific use of a tollway.
4055
(c) "Toll lane" means a designated new highway or additional lane capacity that is
4056
constructed, operated, or maintained for which a toll is charged for its use.
4057
(d)(i) "Tollway" means a highway, highway lane, bridge, path, tunnel, or
4058
right-of-way designed and used as a transportation route that is constructed,
4059
operated, or maintained through the use of toll revenues.
4060
(ii) "Tollway" includes a high occupancy toll lane and a toll lane.
4061
(e) "Tollway development agreement" has the same meaning as defined in Section
4062
72-6-202.
4063
(2) Subject to the provisions of Subsection (3), the department may:
4064
(a) establish, expand, and operate tollways and related facilities for the purpose of
4065
funding in whole or in part the acquisition of right-of-way and the design,
4066
construction, reconstruction, operation, enforcement, and maintenance of or impacts
4067
from a transportation route for use by the public;
4068
(b) enter into contracts, agreements, licenses, franchises, tollway development
4069
agreements, or other arrangements to implement this section;
4070
(c) impose and collect tolls on any tollway established under this section, including
4071
collection of past due payment of a toll or penalty;
4072
(d) grant exclusive or nonexclusive rights to a private entity to impose and collect tolls
4073
pursuant to the terms and conditions of a tollway development agreement;
- 120 - Enrolled Copy S.B. 195
4074
(e) use technology to automatically monitor a tollway and collect payment of a toll,
4075
including:
4076
(i) license plate reading technology; and
4077
(ii) photographic or video recording technology; and
4078
(f) in accordance with Subsection (5), request that the Division of Motor Vehicles deny
4079
a request for registration of a motor vehicle if the motor vehicle owner has failed to
4080
pay a toll or penalty imposed for usage of a tollway involving the motor vehicle for
4081
which registration renewal has been requested.
4082
(3)(a) The department may establish or operate a tollway on an existing highway if
4083
approved by the commission in accordance with the terms of this section.
4084
(b) To establish a tollway on an existing highway, the department shall submit a
4085
proposal to the commission including:
4086
(i) a description of the tollway project;
4087
(ii) projected traffic on the tollway;
4088
(iii) the anticipated amount of the toll to be charged; and
4089
(iv) projected toll revenue.
4090
(4)(a) For a tollway established under this section, the department may:
4091
(i) according to the terms of each tollway, impose the toll upon the owner of a motor
4092
vehicle using the tollway according to the terms of the tollway;
4093
(ii) send [correspondence] notice to the owner of the motor vehicle to inform the
4094
owner of:
4095
(A) an unpaid toll and the amount of the toll to be paid to the department;
4096
(B) the penalty for failure to pay the toll timely;[ and]
4097
(C) [a] any hold being placed on the owner's registration for the motor vehicle if
4098
the toll and penalty are not paid timely, which would prevent the renewal of the
4099
motor vehicle's registration; and
4100
(D) any other information required by the terms of the tollway;
4101
(iii) require that the owner of the motor vehicle pay the toll to the department within
4102
30 days of the date when the department sends written notice of the toll to the
4103
owner; and
4104
(iv) impose a penalty for failure to pay a toll timely.
4105
(b) The department shall [mail the correspondence and ] provide the notice described in
4106
Subsection (4)(a) to the owner of the motor vehicle according to the terms of a
4107
tollway.
- 121 - S.B. 195 Enrolled Copy
4108
(5)(a) The Division of Motor Vehicles and the department shall share and provide access
4109
to information pertaining to a motor vehicle and tollway enforcement including:
4110
(i) registration and ownership information pertaining to a motor vehicle;
4111
(ii) information regarding the failure of a motor vehicle owner to timely pay a toll or
4112
penalty imposed under this section; and
4113
(iii) the status of a request for a hold on the registration of a motor vehicle.
4114
(b) If the department requests a hold on the registration in accordance with this section,
4115
the Division of Motor Vehicles may not renew the registration of a motor vehicle
4116
under Title 41, Chapter 1a, Part 2, Registration, if the owner of the motor vehicle has
4117
failed to pay a toll or penalty imposed under this section for usage of a tollway
4118
involving the motor vehicle for which registration renewal has been requested until
4119
the department withdraws the hold request.
4120
(6)(a) Except as provided in Subsection (6)(b), in accordance with Title 63G, Chapter 3,
4121
Utah Administrative Rulemaking Act, the commission shall:
4122
(i) set the amount of any toll imposed or collected on a tollway on a state highway;
4123
and
4124
(ii) for tolls established under Subsection (6)(b), set:
4125
(A) an increase in a toll rate or user fee above an increase specified in a tollway
4126
development agreement; or
4127
(B) an increase in a toll rate or user fee above a maximum toll rate specified in a
4128
tollway development agreement.
4129
(b) A toll or user fee and an increase to a toll or user fee imposed or collected on a
4130
tollway on a state highway that is the subject of a tollway development agreement
4131
shall be set in the tollway development agreement.
4132
(7)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4133
the department shall make rules:
4134
(i) necessary to establish and operate tollways on state highways;
4135
(ii) that establish standards and specifications for automatic tolling systems and
4136
automatic tollway monitoring technology; and
4137
(iii) to set the amount of a penalty for failure to pay a toll under this section.
4138
(b) The rules shall:
4139
(i) include minimum criteria for having a tollway; and
4140
(ii) conform to regional and national standards for automatic tolling.
4141
(8)(a) The commission may provide funds for public or private tollway pilot projects or
- 122 - Enrolled Copy S.B. 195
4142
high occupancy toll lanes from General Fund money appropriated by the Legislature
4143
to the commission for that purpose.
4144
(b) The commission may determine priorities and funding levels for tollways designated
4145
under this section.
4146
(9)(a) Except as provided in Subsection (9)(b), all revenue generated from a tollway on a
4147
state highway shall be deposited into the Tollway Special Revenue Fund created in
4148
Section 72-2-120 and used for any state transportation purpose.
4149
(b) Revenue generated from a tollway that is the subject of a tollway development
4150
agreement shall be deposited into the Tollway Special Revenue Fund and used in
4151
accordance with Subsection (9)(a) unless:
4152
(i) the revenue is to a private entity through the tollway development agreement; or
4153
(ii) the revenue is identified for a different purpose under the tollway development
4154
agreement.
4155
(10) Data described in Subsection (2)(e) obtained for the purposes of this section:
4156
(a) in accordance with Section 63G-2-305, is a protected record under Title 63G,
4157
Chapter 2, Government Records Access and Management Act, if the photographic or
4158
video data is maintained by a governmental entity;
4159
(b) may not be used or shared for any purpose other than the purposes described in this
4160
section;
4161
(c) may only be preserved:
4162
(i) so long as necessary to collect the payment of a toll or penalty imposed in
4163
accordance with this section; or
4164
(ii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
4165
equivalent federal warrant; and
4166
(d) may only be disclosed:
4167
(i) in accordance with the disclosure requirements for a protected record under
4168
Section 63G-2-202; or
4169
(ii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
4170
equivalent federal warrant.
4171
(11)(a) The department may not sell for any purpose photographic or video data
4172
captured under Subsection (2)(e)(ii).
4173
(b) The department may not share captured photographic or video data for a purpose not
4174
authorized under this section.
4175
Section 39. Section 72-6-206 is amended to read:
- 123 - S.B. 195 Enrolled Copy
4176
72-6-206 (Effective 05/07/25). Commission approval and legislative review of
4177
tollway development agreement provisions.
4178
(1) Prior to the department entering into a tollway development agreement under Section
4179
72-6-203, the department shall submit to the commission for approval the tollway
4180
development agreement, including:
4181
(a) a description of the tollway facility, including the conceptual design of the facility
4182
and all proposed interconnections with other transportation facilities;
4183
(b) the proposed date for development, operation, or both of the tollway facility;
4184
(c) the proposed term of the tollway development agreement;
4185
(d) the proposed method to determine toll rates or user fees, including:
4186
(i) identification of vehicle or user classifications, or both, for toll rates;
4187
(ii) the original proposed toll rate or user fee for the tollway facility;
4188
(iii) proposed toll rate or user fee increases; and
4189
(iv) a maximum toll rate or user fee for the tollway facility; and
4190
(e) any proposed revenue, public or private, or proposed debt or equity investment that
4191
will be used for the design, construction, financing, acquisition, maintenance, or
4192
operation of the tollway facility.
4193
(2) Prior to amending or modifying a tollway development agreement, the department shall
4194
submit the proposed amendment or modification to the commission for approval.
4195
(3) The department shall annually report to the Transportation Interim Committee [or
4196
another committee designated by the Legislative Management Committee ]on the status
4197
and progress of a tollway subject to a tollway development agreement under Section
4198
72-6-203.
4199
Section 40. Section 72-10-109 is amended to read:
4200
72-10-109 (Effective 05/07/25). Certificate of registration of aircraft required --
4201
Exceptions.
4202
(1) Except as provided in Subsection (2), a person may not operate, pilot, or navigate, or
4203
cause or authorize to be operated, piloted, or navigated within this state any civil aircraft [
4204
operating] based in this state for 181 or more days within any consecutive 12-month
4205
period unless the aircraft has a current certificate of registration issued by the department.
4206
(2) The state registration requirement under Subsection (1) does not apply to:
4207
(a) aircraft licensed by a foreign country with which the United States has a reciprocal
4208
agreement covering the operations of the registered aircraft;
4209
(b) a non-passenger-carrying flight solely for inspection or test purposes authorized by
- 124 - Enrolled Copy S.B. 195
4210
the Federal Aviation Administration to be made without the certificate of registration;
4211
or
4212
(c) aircraft operating under 14 C.F.R. Part 121, with a maximum takeoff weight
4213
exceeding 35,000 pounds.
4214
(3) Beginning on January 1, 2025, a person may not operate in this state an unmanned
4215
aircraft system or an advanced air mobility aircraft for commercial operation for which
4216
certification is required under 14 C.F.R. Part 107 or 135 unless the aircraft has a current
4217
certificate of registration issued by the department.
4218
(4) The department shall, on or before December 31 of each calendar year, provide to the
4219
State Tax Commission a list of each aircraft for which a current certificate of registration
4220
is issued by the department under Subsection (1).
4221
Section 41. Repealer.
4222
This bill repeals:
4223
Section 63B-8-503, Highway intent language.
4224
Section 72-2-118, Centennial Highway Fund.
4225
Section 72-4-222, Governor Scott Matheson and Senator Jake Garn Rest Area.
4226
Section 42. FY 2026 Appropriations.
4227
The following sums of money are appropriated for the fiscal year beginning July 1,
4228
2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
4229
fiscal year 2026.
4230
Subsection 42(a). Capital Project Funds
4231
The Legislature has reviewed the following capital project funds. The Legislature
4232
authorizes the State Division of Finance to transfer amounts between funds and accounts as
4233
indicated.
4234
ITEM 1 To Transportation - Transportation Investment Fund of 2005
4235
From General Fund (330,000,000)
4236
Schedule of Programs:
4237
Transportation Investment Fund (330,000,000)
4238
Section 43. Effective Date.
4239
(1) Except as provided in Subsections (2) and (3), this bill takes effect May 7, 2025.
4240
(2) The actions affecting Section 72-1-217 and Section 72-2-121 take effect:
4241
(a) except as provided in Subsection (2)(b), May 7, 2025; or
4242
(b) if approved by two-thirds of all members elected to each house:
4243
(i) upon approval by the governor;
- 125 - S.B. 195 Enrolled Copy
4244
(ii) without the governor's signature, the day following the constitutional time limit of
4245
Utah Constitution, Article VII, Section 8; or
4246
(iii) in the case of a veto, the date of veto override.
4247
(3) The actions affecting Section 59-12-103 (Effective 07/01/25) and Section 72-2-106
4248
(Effective 07/01/25) take effect on July 1, 2025.
- 126 -