1     
WATER FUNDING REVISIONS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lee B. Perry

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to water funding.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that certain sales and use tax revenue that was deposited into the
13     Transportation Fund shall be deposited into the Water Infrastructure Restricted
14     Account;
15          ▸      provides that a certain amount of revenue shall annually be transferred from the
16     Transportation Investment Fund of 2005 to the Transportation Fund; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides a special effective date.
22     Utah Code Sections Affected:
23     AMENDS:
24          59-12-103, as last amended by Laws of Utah 2015, Chapter 283
25          72-2-107, as last amended by Laws of Utah 2010, Chapter 391
26          72-2-124, as last amended by Laws of Utah 2015, Chapter 421
27          73-10g-103, as enacted by Laws of Utah 2015, Chapter 458

28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 59-12-103 is amended to read:
31          59-12-103. Sales and use tax base -- Rates -- Effective dates -- Use of sales and use
32     tax revenues.
33          (1) A tax is imposed on the purchaser as provided in this part for amounts paid or
34     charged for the following transactions:
35          (a) retail sales of tangible personal property made within the state;
36          (b) amounts paid for:
37          (i) telecommunications service, other than mobile telecommunications service, that
38     originates and terminates within the boundaries of this state;
39          (ii) mobile telecommunications service that originates and terminates within the
40     boundaries of one state only to the extent permitted by the Mobile Telecommunications
41     Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
42          (iii) an ancillary service associated with a:
43          (A) telecommunications service described in Subsection (1)(b)(i); or
44          (B) mobile telecommunications service described in Subsection (1)(b)(ii);
45          (c) sales of the following for commercial use:
46          (i) gas;
47          (ii) electricity;
48          (iii) heat;
49          (iv) coal;
50          (v) fuel oil; or
51          (vi) other fuels;
52          (d) sales of the following for residential use:
53          (i) gas;
54          (ii) electricity;
55          (iii) heat;
56          (iv) coal;
57          (v) fuel oil; or
58          (vi) other fuels;

59          (e) sales of prepared food;
60          (f) except as provided in Section 59-12-104, amounts paid or charged as admission or
61     user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature,
62     exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries,
63     fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit
64     television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf
65     driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails,
66     tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises,
67     horseback rides, sports activities, or any other amusement, entertainment, recreation,
68     exhibition, cultural, or athletic activity;
69          (g) amounts paid or charged for services for repairs or renovations of tangible personal
70     property, unless Section 59-12-104 provides for an exemption from sales and use tax for:
71          (i) the tangible personal property; and
72          (ii) parts used in the repairs or renovations of the tangible personal property described
73     in Subsection (1)(g)(i), regardless of whether:
74          (A) any parts are actually used in the repairs or renovations of that tangible personal
75     property; or
76          (B) the particular parts used in the repairs or renovations of that tangible personal
77     property are exempt from a tax under this chapter;
78          (h) except as provided in Subsection 59-12-104(7), amounts paid or charged for
79     assisted cleaning or washing of tangible personal property;
80          (i) amounts paid or charged for tourist home, hotel, motel, or trailer court
81     accommodations and services that are regularly rented for less than 30 consecutive days;
82          (j) amounts paid or charged for laundry or dry cleaning services;
83          (k) amounts paid or charged for leases or rentals of tangible personal property if within
84     this state the tangible personal property is:
85          (i) stored;
86          (ii) used; or
87          (iii) otherwise consumed;
88          (l) amounts paid or charged for tangible personal property if within this state the
89     tangible personal property is:

90          (i) stored;
91          (ii) used; or
92          (iii) consumed; and
93          (m) amounts paid or charged for a sale:
94          (i) (A) of a product transferred electronically; or
95          (B) of a repair or renovation of a product transferred electronically; and
96          (ii) regardless of whether the sale provides:
97          (A) a right of permanent use of the product; or
98          (B) a right to use the product that is less than a permanent use, including a right:
99          (I) for a definite or specified length of time; and
100          (II) that terminates upon the occurrence of a condition.
101          (2) (a) Except as provided in Subsections (2)(b) through (e), a state tax and a local tax
102     is imposed on a transaction described in Subsection (1) equal to the sum of:
103          (i) a state tax imposed on the transaction at a tax rate equal to the sum of:
104          (A) 4.70%; and
105          (B) (I) the tax rate the state imposes in accordance with Part 18, Additional State Sales
106     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
107     through 59-12-215 is in a county in which the state imposes the tax under Part 18, Additional
108     State Sales and Use Tax Act; and
109          (II) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales
110     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
111     through 59-12-215 is in a city, town, or the unincorporated area of a county in which the state
112     imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
113          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
114     transaction under this chapter other than this part.
115          (b) Except as provided in Subsection (2)(d) or (e), a state tax and a local tax is imposed
116     on a transaction described in Subsection (1)(d) equal to the sum of:
117          (i) a state tax imposed on the transaction at a tax rate of 2%; and
118          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
119     transaction under this chapter other than this part.
120          (c) Except as provided in Subsection (2)(d) or (e), a state tax and a local tax is imposed

121     on amounts paid or charged for food and food ingredients equal to the sum of:
122          (i) a state tax imposed on the amounts paid or charged for food and food ingredients at
123     a tax rate of 1.75%; and
124          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
125     amounts paid or charged for food and food ingredients under this chapter other than this part.
126          (d) (i) For a bundled transaction that is attributable to food and food ingredients and
127     tangible personal property other than food and food ingredients, a state tax and a local tax is
128     imposed on the entire bundled transaction equal to the sum of:
129          (A) a state tax imposed on the entire bundled transaction equal to the sum of:
130          (I) the tax rate described in Subsection (2)(a)(i)(A); and
131          (II) (Aa) the tax rate the state imposes in accordance with Part 18, Additional State
132     Sales and Use Tax Act, if the location of the transaction as determined under Sections
133     59-12-211 through 59-12-215 is in a county in which the state imposes the tax under Part 18,
134     Additional State Sales and Use Tax Act; and
135          (Bb) the tax rate the state imposes in accordance with Part 20, Supplemental State
136     Sales and Use Tax Act, if the location of the transaction as determined under Sections
137     59-12-211 through 59-12-215 is in a city, town, or the unincorporated area of a county in which
138     the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
139          (B) a local tax imposed on the entire bundled transaction at the sum of the tax rates
140     described in Subsection (2)(a)(ii).
141          (ii) If an optional computer software maintenance contract is a bundled transaction that
142     consists of taxable and nontaxable products that are not separately itemized on an invoice or
143     similar billing document, the purchase of the optional computer software maintenance contract
144     is 40% taxable under this chapter and 60% nontaxable under this chapter.
145          (iii) Subject to Subsection (2)(d)(iv), for a bundled transaction other than a bundled
146     transaction described in Subsection (2)(d)(i) or (ii):
147          (A) if the sales price of the bundled transaction is attributable to tangible personal
148     property, a product, or a service that is subject to taxation under this chapter and tangible
149     personal property, a product, or service that is not subject to taxation under this chapter, the
150     entire bundled transaction is subject to taxation under this chapter unless:
151          (I) the seller is able to identify by reasonable and verifiable standards the tangible

152     personal property, product, or service that is not subject to taxation under this chapter from the
153     books and records the seller keeps in the seller's regular course of business; or
154          (II) state or federal law provides otherwise; or
155          (B) if the sales price of a bundled transaction is attributable to two or more items of
156     tangible personal property, products, or services that are subject to taxation under this chapter
157     at different rates, the entire bundled transaction is subject to taxation under this chapter at the
158     higher tax rate unless:
159          (I) the seller is able to identify by reasonable and verifiable standards the tangible
160     personal property, product, or service that is subject to taxation under this chapter at the lower
161     tax rate from the books and records the seller keeps in the seller's regular course of business; or
162          (II) state or federal law provides otherwise.
163          (iv) For purposes of Subsection (2)(d)(iii), books and records that a seller keeps in the
164     seller's regular course of business includes books and records the seller keeps in the regular
165     course of business for nontax purposes.
166          (e) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(e)(ii)
167     and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a
168     product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental
169     of tangible personal property, other property, a product, or a service that is not subject to
170     taxation under this chapter, the entire transaction is subject to taxation under this chapter unless
171     the seller, at the time of the transaction:
172          (A) separately states the portion of the transaction that is not subject to taxation under
173     this chapter on an invoice, bill of sale, or similar document provided to the purchaser; or
174          (B) is able to identify by reasonable and verifiable standards, from the books and
175     records the seller keeps in the seller's regular course of business, the portion of the transaction
176     that is not subject to taxation under this chapter.
177          (ii) A purchaser and a seller may correct the taxability of a transaction if:
178          (A) after the transaction occurs, the purchaser and the seller discover that the portion of
179     the transaction that is not subject to taxation under this chapter was not separately stated on an
180     invoice, bill of sale, or similar document provided to the purchaser because of an error or
181     ignorance of the law; and
182          (B) the seller is able to identify by reasonable and verifiable standards, from the books

183     and records the seller keeps in the seller's regular course of business, the portion of the
184     transaction that is not subject to taxation under this chapter.
185          (iii) For purposes of Subsections (2)(e)(i) and (ii), books and records that a seller keeps
186     in the seller's regular course of business includes books and records the seller keeps in the
187     regular course of business for nontax purposes.
188          (f) (i) If the sales price of a transaction is attributable to two or more items of tangible
189     personal property, products, or services that are subject to taxation under this chapter at
190     different rates, the entire purchase is subject to taxation under this chapter at the higher tax rate
191     unless the seller, at the time of the transaction:
192          (A) separately states the items subject to taxation under this chapter at each of the
193     different rates on an invoice, bill of sale, or similar document provided to the purchaser; or
194          (B) is able to identify by reasonable and verifiable standards the tangible personal
195     property, product, or service that is subject to taxation under this chapter at the lower tax rate
196     from the books and records the seller keeps in the seller's regular course of business.
197          (ii) For purposes of Subsection (2)(f)(i), books and records that a seller keeps in the
198     seller's regular course of business includes books and records the seller keeps in the regular
199     course of business for nontax purposes.
200          (g) Subject to Subsections (2)(h) and (i), a tax rate repeal or tax rate change for a tax
201     rate imposed under the following shall take effect on the first day of a calendar quarter:
202          (i) Subsection (2)(a)(i)(A);
203          (ii) Subsection (2)(b)(i);
204          (iii) Subsection (2)(c)(i); or
205          (iv) Subsection (2)(d)(i)(A)(I).
206          (h) (i) A tax rate increase takes effect on the first day of the first billing period that
207     begins on or after the effective date of the tax rate increase if the billing period for the
208     transaction begins before the effective date of a tax rate increase imposed under:
209          (A) Subsection (2)(a)(i)(A);
210          (B) Subsection (2)(b)(i);
211          (C) Subsection (2)(c)(i); or
212          (D) Subsection (2)(d)(i)(A)(I).
213          (ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing

214     statement for the billing period is rendered on or after the effective date of the repeal of the tax
215     or the tax rate decrease imposed under:
216          (A) Subsection (2)(a)(i)(A);
217          (B) Subsection (2)(b)(i);
218          (C) Subsection (2)(c)(i); or
219          (D) Subsection (2)(d)(i)(A)(I).
220          (i) (i) For a tax rate described in Subsection (2)(i)(ii), if a tax due on a catalogue sale is
221     computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal or
222     change in a tax rate takes effect:
223          (A) on the first day of a calendar quarter; and
224          (B) beginning 60 days after the effective date of the tax rate repeal or tax rate change.
225          (ii) Subsection (2)(i)(i) applies to the tax rates described in the following:
226          (A) Subsection (2)(a)(i)(A);
227          (B) Subsection (2)(b)(i);
228          (C) Subsection (2)(c)(i); or
229          (D) Subsection (2)(d)(i)(A)(I).
230          (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
231     the commission may by rule define the term "catalogue sale."
232          (3) (a) The following state taxes shall be deposited into the General Fund:
233          (i) the tax imposed by Subsection (2)(a)(i)(A);
234          (ii) the tax imposed by Subsection (2)(b)(i);
235          (iii) the tax imposed by Subsection (2)(c)(i); or
236          (iv) the tax imposed by Subsection (2)(d)(i)(A)(I).
237          (b) The following local taxes shall be distributed to a county, city, or town as provided
238     in this chapter:
239          (i) the tax imposed by Subsection (2)(a)(ii);
240          (ii) the tax imposed by Subsection (2)(b)(ii);
241          (iii) the tax imposed by Subsection (2)(c)(ii); and
242          (iv) the tax imposed by Subsection (2)(d)(i)(B).
243          (4) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
244     2003, the lesser of the following amounts shall be expended as provided in Subsections (4)(b)

245     through (g):
246          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
247          (A) by a 1/16% tax rate on the transactions described in Subsection (1); and
248          (B) for the fiscal year; or
249          (ii) $17,500,000.
250          (b) (i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
251     described in Subsection (4)(a) shall be transferred each year as dedicated credits to the
252     Department of Natural Resources to:
253          (A) implement the measures described in Subsections 79-2-303(3)(a) through (d) to
254     protect sensitive plant and animal species; or
255          (B) award grants, up to the amount authorized by the Legislature in an appropriations
256     act, to political subdivisions of the state to implement the measures described in Subsections
257     79-2-303(3)(a) through (d) to protect sensitive plant and animal species.
258          (ii) Money transferred to the Department of Natural Resources under Subsection
259     (4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or any other
260     person to list or attempt to have listed a species as threatened or endangered under the
261     Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
262          (iii) At the end of each fiscal year:
263          (A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
264     Conservation and Development Fund created in Section 73-10-24;
265          (B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
266     Program Subaccount created in Section 73-10c-5; and
267          (C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
268     Program Subaccount created in Section 73-10c-5.
269          (c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
270     Subsection (4)(a) shall be deposited each year in the Agriculture Resource Development Fund
271     created in Section 4-18-106.
272          (d) (i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount described
273     in Subsection (4)(a) shall be transferred each year as dedicated credits to the Division of Water
274     Rights to cover the costs incurred in hiring legal and technical staff for the adjudication of
275     water rights.

276          (ii) At the end of each fiscal year:
277          (A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
278     Conservation and Development Fund created in Section 73-10-24;
279          (B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
280     Program Subaccount created in Section 73-10c-5; and
281          (C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
282     Program Subaccount created in Section 73-10c-5.
283          (e) (i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described
284     in Subsection (4)(a) shall be deposited in the Water Resources Conservation and Development
285     Fund created in Section 73-10-24 for use by the Division of Water Resources.
286          (ii) In addition to the uses allowed of the Water Resources Conservation and
287     Development Fund under Section 73-10-24, the Water Resources Conservation and
288     Development Fund may also be used to:
289          (A) conduct hydrologic and geotechnical investigations by the Division of Water
290     Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
291     quantifying surface and ground water resources and describing the hydrologic systems of an
292     area in sufficient detail so as to enable local and state resource managers to plan for and
293     accommodate growth in water use without jeopardizing the resource;
294          (B) fund state required dam safety improvements; and
295          (C) protect the state's interest in interstate water compact allocations, including the
296     hiring of technical and legal staff.
297          (f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
298     in Subsection (4)(a) shall be deposited in the Utah Wastewater Loan Program Subaccount
299     created in Section 73-10c-5 for use by the Water Quality Board to fund wastewater projects.
300          (g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
301     in Subsection (4)(a) shall be deposited in the Drinking Water Loan Program Subaccount
302     created in Section 73-10c-5 for use by the Division of Drinking Water to:
303          (i) provide for the installation and repair of collection, treatment, storage, and
304     distribution facilities for any public water system, as defined in Section 19-4-102;
305          (ii) develop underground sources of water, including springs and wells; and
306          (iii) develop surface water sources.

307          (5) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
308     2006, the difference between the following amounts shall be expended as provided in this
309     Subsection (5), if that difference is greater than $1:
310          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for the
311     fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); and
312          (ii) $17,500,000.
313          (b) (i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
314          (A) transferred each fiscal year to the Department of Natural Resources as dedicated
315     credits; and
316          (B) expended by the Department of Natural Resources for watershed rehabilitation or
317     restoration.
318          (ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
319     in Subsection (5)(b)(i) shall lapse to the Water Resources Conservation and Development Fund
320     created in Section 73-10-24.
321          (c) (i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
322     remaining difference described in Subsection (5)(a) shall be:
323          (A) transferred each fiscal year to the Division of Water Resources as dedicated
324     credits; and
325          (B) expended by the Division of Water Resources for cloud-seeding projects
326     authorized by Title 73, Chapter 15, Modification of Weather.
327          (ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
328     in Subsection (5)(c)(i) shall lapse to the Water Resources Conservation and Development Fund
329     created in Section 73-10-24.
330          (d) After making the transfers required by Subsections (5)(b) and (c), 94% of the
331     remaining difference described in Subsection (5)(a) shall be deposited into the Water
332     Resources Conservation and Development Fund created in Section 73-10-24 for use by the
333     Division of Water Resources for:
334          (i) preconstruction costs:
335          (A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73, Chapter
336     26, Bear River Development Act; and
337          (B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project

338     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
339          (ii) the cost of employing a civil engineer to oversee any project authorized by Title 73,
340     Chapter 26, Bear River Development Act;
341          (iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
342     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
343          (iv) other uses authorized under Sections 73-10-24, 73-10-25.1, 73-10-30, and
344     Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).
345          (e) After making the transfers required by Subsections (5)(b) and (c) and subject to
346     Subsection (5)(f), 6% of the remaining difference described in Subsection (5)(a) shall be
347     transferred each year as dedicated credits to the Division of Water Rights to cover the costs
348     incurred for employing additional technical staff for the administration of water rights.
349          (f) At the end of each fiscal year, any unexpended dedicated credits described in
350     Subsection (5)(e) over $150,000 lapse to the Water Resources Conservation and Development
351     Fund created in Section 73-10-24.
352          (6) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
353     [2003] 2016, and for taxes listed under Subsection (3)(a), the amount of revenue generated by a
354     1/16% tax rate on the transactions described in Subsection (1) for the fiscal year shall be
355     deposited [in the Transportation Fund created by Section 72-2-102] into the Water
356     Infrastructure Restricted Account created in Section 73-10g-103.
357          (7) Notwithstanding Subsection (3)(a), beginning on July 1, 2012, the Division of
358     Finance shall deposit into the Transportation Investment Fund of 2005 created in Section
359     72-2-124 a portion of the taxes listed under Subsection (3)(a) equal to the revenues generated
360     by a 1/64% tax rate on the taxable transactions under Subsection (1).
361          (8) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited in
362     Subsection (7), and subject to Subsection (8)(b), for a fiscal year beginning on or after July 1,
363     2012, the Division of Finance shall deposit into the Transportation Investment Fund of 2005
364     created by Section 72-2-124:
365          (i) a portion of the taxes listed under Subsection (3)(a) in an amount equal to 8.3% of
366     the revenues collected from the following taxes, which represents a portion of the
367     approximately 17% of sales and use tax revenues generated annually by the sales and use tax
368     on vehicles and vehicle-related products:

369          (A) the tax imposed by Subsection (2)(a)(i)(A);
370          (B) the tax imposed by Subsection (2)(b)(i);
371          (C) the tax imposed by Subsection (2)(c)(i); and
372          (D) the tax imposed by Subsection (2)(d)(i)(A)(I); plus
373          (ii) an amount equal to 30% of the growth in the amount of revenues collected in the
374     current fiscal year from the sales and use taxes described in Subsections (8)(a)(i)(A) through
375     (D) that exceeds the amount collected from the sales and use taxes described in Subsections
376     (8)(a)(i)(A) through (D) in the 2010-11 fiscal year.
377          (b) (i) Subject to Subsections (8)(b)(ii) and (iii), in any fiscal year that the portion of
378     the sales and use taxes deposited under Subsection (8)(a) represents an amount that is a total
379     lower percentage of the sales and use taxes described in Subsections (8)(a)(i)(A) through (D)
380     generated in the current fiscal year than the total percentage of sales and use taxes deposited in
381     the previous fiscal year, the Division of Finance shall deposit an amount under Subsection
382     (8)(a) equal to the product of:
383          (A) the total percentage of sales and use taxes deposited under Subsection (8)(a) in the
384     previous fiscal year; and
385          (B) the total sales and use tax revenue generated by the taxes described in Subsections
386     (8)(a)(i)(A) through (D) in the current fiscal year.
387          (ii) In any fiscal year in which the portion of the sales and use taxes deposited under
388     Subsection (8)(a) would exceed 17% of the revenues collected from the sales and use taxes
389     described in Subsections (8)(a)(i)(A) through (D) in the current fiscal year, the Division of
390     Finance shall deposit 17% of the revenues collected from the sales and use taxes described in
391     Subsections (8)(a)(i)(A) through (D) for the current fiscal year under Subsection (8)(a).
392          (iii) In all subsequent fiscal years after a year in which 17% of the revenues collected
393     from the sales and use taxes described in Subsections (8)(a)(i)(A) through (D) was deposited
394     under Subsection (8)(a), the Division of Finance shall annually deposit 17% of the revenues
395     collected from the sales and use taxes described in Subsections (8)(a)(i)(A) through (D) in the
396     current fiscal year under Subsection (8)(a).
397          (9) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited under
398     Subsections (7) and (8), for a fiscal year beginning on or after July 1, 2012, the Division of
399     Finance shall annually deposit $90,000,000 of the revenues generated by the taxes listed under

400     Subsection (3)(a) into the Transportation Investment Fund of 2005 created by Section
401     72-2-124.
402          (10) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
403     2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies Fund
404     created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
405          (11) (a) Notwithstanding Subsection (3)(a), except as provided in Subsection (11)(b),
406     and in addition to any amounts deposited under Subsections (7), (8), and (9), beginning on July
407     1, 2012, the Division of Finance shall deposit into the Transportation Investment Fund of 2005
408     created by Section 72-2-124 the amount of tax revenue generated by a .025% tax rate on the
409     transactions described in Subsection (1).
410          (b) For purposes of Subsection (11)(a), the Division of Finance may not deposit into
411     the Transportation Investment Fund of 2005 any tax revenue generated by amounts paid or
412     charged for food and food ingredients, except for tax revenue generated by a bundled
413     transaction attributable to food and food ingredients and tangible personal property other than
414     food and food ingredients described in Subsection (2)(d).
415          (12) (a) Notwithstanding Subsection (3)(a), and except as provided in Subsection
416     (12)(b), beginning on January 1, 2009, the Division of Finance shall deposit into the
417     Transportation Fund created by Section 72-2-102 the amount of tax revenue generated by a
418     .025% tax rate on the transactions described in Subsection (1) to be expended to address
419     chokepoints in construction management.
420          (b) For purposes of Subsection (12)(a), the Division of Finance may not deposit into
421     the Transportation Fund any tax revenue generated by amounts paid or charged for food and
422     food ingredients, except for tax revenue generated by a bundled transaction attributable to food
423     and food ingredients and tangible personal property other than food and food ingredients
424     described in Subsection (2)(d).
425          (13) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the
426     fiscal year during which the Division of Finance receives notice under [Subsection] Section
427     63N-2-510[(3)] that construction on a qualified hotel, as defined in Section 63N-2-502, has
428     begun, the Division of Finance shall, for two consecutive fiscal years, annually deposit
429     $1,900,000 of the revenue generated by the taxes listed under Subsection (3)(a) into the Hotel
430     Impact Mitigation Fund, created in Section 63N-2-512.

431          (14) Notwithstanding Subsections (4) through (13), an amount required to be expended
432     or deposited in accordance with Subsections (4) through (13) may not include an amount the
433     Division of Finance deposits in accordance with Section 59-12-103.2.
434          Section 2. Section 72-2-107 is amended to read:
435          72-2-107. Appropriation from Transportation Fund -- Deposit in class B and
436     class C roads account.
437          (1) There is appropriated to the department from the Transportation Fund annually an
438     amount equal to 30% of an amount which the director of finance shall compute in the
439     following manner: The total revenue deposited into the Transportation Fund during the fiscal
440     year from state highway-user taxes and fees, minus:
441          (a) those amounts appropriated or transferred from the Transportation Fund during the
442     same fiscal year to:
443          (i) the Department of Public Safety;
444          (ii) the State Tax Commission;
445          (iii) the Division of Finance;
446          (iv) the Utah Travel Council; and
447          (v) any other amounts appropriated or transferred for any other state agencies not a part
448     of the department; and
449          (b) the amount of [sales and use tax] revenue deposited [in] into the Transportation
450     Fund in accordance with [Section] Sections 59-12-103 and 72-2-124.
451          (2) (a) Except as provided in Subsection (2)(b), all of this money shall be placed in an
452     account to be known as the class B and class C roads account to be used as provided in this
453     title.
454          (b) The director of finance shall annually transfer $500,000 of the amount calculated
455     under Subsection (1) to the department as dedicated credits for the State Park Access Highways
456     Improvement Program created in Section 72-3-207.
457          (3) Each quarter of every year the director of finance shall make the necessary
458     accounting entries to transfer the money appropriated under this section to the class B and class
459     C roads account.
460          (4) The funds in the class B and class C roads account shall be expended under the
461     direction of the department as the Legislature shall provide.

462          Section 3. Section 72-2-124 is amended to read:
463          72-2-124. Transportation Investment Fund of 2005.
464          (1) There is created a capital projects fund entitled the Transportation Investment Fund
465     of 2005.
466          (2) The fund consists of money generated from the following sources:
467          (a) any voluntary contributions received for the maintenance, construction,
468     reconstruction, or renovation of state and federal highways;
469          (b) appropriations made to the fund by the Legislature;
470          (c) the sales and use tax revenues deposited into the fund in accordance with Section
471     59-12-103; and
472          (d) registration fees designated under Section 41-1a-1201.
473          (3) (a) The fund shall earn interest.
474          (b) All interest earned on fund money shall be deposited into the fund.
475          (4) (a) Except as provided in Subsection (4)(b), the executive director may use fund
476     money only to [pay]:
477          (i) pay the costs of maintenance, construction, reconstruction, or renovation to state
478     and federal highways prioritized by the Transportation Commission through the prioritization
479     process for new transportation capacity projects adopted under Section 72-1-304;
480          (ii) pay the costs of maintenance, construction, reconstruction, or renovation to the
481     highway projects described in Subsections 63B-18-401(2), (3), and (4);
482          (iii) pay principal, interest, and issuance costs of bonds authorized by Section
483     63B-18-401 minus the costs paid from the County of the First Class Highway Projects Fund in
484     accordance with Subsection 72-2-121(4)(f);
485          (iv) for a fiscal year beginning on or after July 1, 2013, [to] transfer to the 2010 Salt
486     Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the amount certified
487     by Salt Lake County in accordance with Subsection 72-2-121.3(4)(c) as necessary to pay the
488     debt service on $30,000,000 of the revenue bonds issued by Salt Lake County;
489          (v) pay principal, interest, and issuance costs of bonds authorized by Section
490     63B-16-101 for projects prioritized in accordance with Section 72-2-125;
491          (vi) pay all highway general obligation bonds that are intended to be paid from
492     revenues in the Centennial Highway Fund created by Section 72-2-118; [and]

493          (vii) for fiscal year 2015-16 only, [to] transfer $25,000,000 to the County of the First
494     Class Highway Projects Fund created in Section 72-2-121 to be used for the purposes described
495     in Section 72-2-121[.]; and
496          (viii) for a fiscal year beginning on or after July 1, 2016, transfer an amount equal to
497     the amount of revenue generated by a 1/16% tax rate on the transactions described in
498     Subsection 59-12-103(1) for the fiscal year into the Transportation Fund created in Section
499     72-2-102.
500          (b) The executive director may use fund money to exchange for an equal or greater
501     amount of federal transportation funds to be used as provided in Subsection (4)(a).
502          (5) (a) Before bonds authorized by Section 63B-18-401 may be issued in any fiscal
503     year, the department and the commission shall appear before the Executive Appropriations
504     Committee of the Legislature and present the amount of bond proceeds that the department
505     needs to provide funding for the projects identified in Subsections 63B-18-401(2), (3), and (4)
506     for the next fiscal year.
507          (b) The Executive Appropriations Committee of the Legislature shall review and
508     comment on the amount of bond proceeds needed to fund the projects.
509          (6) The Division of Finance shall, from money deposited into the fund, transfer the
510     amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
511     Section 63B-18-401 in the current fiscal year to the appropriate debt service or sinking fund.
512          (7) (a) The commission shall develop prior to June 30, 2015, a funding plan and
513     identify a highway construction program using the prioritization process for new transportation
514     capacity projects adopted under Section 72-1-304 that meets long-term transportation needs
515     beyond the normal four year programming horizon.
516          (b) The commission shall report the plan and program established under Subsection
517     (7)(a) to the Transportation Interim Committee of the Legislature by no later than September
518     30, 2015.
519          Section 4. Section 73-10g-103 is amended to read:
520          73-10g-103. Creation of the Water Infrastructure Restricted Account.
521          (1) (a) There is created a restricted account in the General Fund known as the "Water
522     Infrastructure Restricted Account."
523          (b) The restricted account shall earn interest.

524          (2) The restricted account consists of money generated from the following sources:
525          (a) the sales and use tax revenue deposited into the fund in accordance with Section
526     59-12-103;
527          [(a)] (b) voluntary contributions made to the division for the construction, operation, or
528     maintenance of state water projects;
529          [(b)] (c) appropriations made to the fund by the Legislature; and
530          [(c)] (d) interest earned on the restricted account.
531          (3) Subject to appropriation, the division and the board shall manage the restricted
532     account created in Subsection (1) in accordance with this chapter.
533          Section 5. Effective date.
534          This bill takes effect on July 1, 2016.






Legislative Review Note
Office of Legislative Research and General Counsel