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8 LONG TITLE
9 General Description:
10 This bill amends provisions related to transportation funding, motor vehicles,
11 transportation network companies, and other transportation related items.
12 Highlighted Provisions:
13 This bill:
14 ▸ requires counties and municipalities to provide certain notifications to a large public
15 transit district related to development that could impact public transit corridors;
16 ▸ amends provisions related to safety standards of transportation network company
17 vehicles;
18 ▸ amends provisions related to public transit districts, including:
19 • removing a cap on the number of transit-oriented developments allowed;
20 • defining terms related to public transit infrastructure and planning; and
21 • provisions related to powers and responsibilities of the board of trustees and
22 local advisory councils of a large public transit district;
23 ▸ amends provisions related to odometer disclosures to comply with federal law;
24 ▸ amends provisions related to registration fees for hybrid electric motor vehicles;
25 ▸ amends provisions related to certain local option sales and use taxes regarding voter
26 approval of certain sales tax impositions and approved uses of certain revenues;
27 ▸ requires the Department of Transportation to provide reports to the Legislature
28 regarding the road usage charge program, implementation, and future inclusion of
29 all motor vehicles;
30 ▸ amends provisions related to the duties of and prioritization criteria considered by
31 the Transportation Commission;
32 ▸ amends provisions and defines terms related to the distribution of class B and class
33 C road funds;
34 ▸ allows certain funds related to class B and C roads to be used for administration of
35 the class B and C road fund;
36 ▸ amends provisions of the Transportation Investment Fund of 2005 related to
37 programming of funds;
38 ▸ amends provisions related to revenues generated by a tollway to allow revenues to
39 be used for any state transportation purpose;
40 ▸ amends provisions related to airport operators and the duties of peace officers and
41 other employees interacting with traffic and air passengers; and
42 ▸ makes technical changes.
43 Money Appropriated in this Bill:
44 None
45 Other Special Clauses:
46 This bill provides a special effective date.
47 Utah Code Sections Affected:
48 AMENDS:
49 10-9a-206, as last amended by Laws of Utah 2017, Chapter 428
50 13-51-107, as last amended by Laws of Utah 2017, Chapter 406
51 17-27a-206, as last amended by Laws of Utah 2017, Chapter 428
52 17B-2a-802, as last amended by Laws of Utah 2019, Chapter 479
53 17B-2a-804, as last amended by Laws of Utah 2018, Chapter 424
54 17B-2a-808.1, as last amended by Laws of Utah 2019, Chapter 479
55 41-1a-902, as last amended by Laws of Utah 1992, Chapter 234 and renumbered and
56 amended by Laws of Utah 1992, Chapter 1
57 41-1a-1206, as last amended by Laws of Utah 2019, Chapter 479
58 59-12-2214, as last amended by Laws of Utah 2019, Chapter 479
59 59-12-2215, as last amended by Laws of Utah 2019, Chapter 479
60 59-12-2217, as last amended by Laws of Utah 2019, Chapter 479
61 72-1-102, as last amended by Laws of Utah 2019, Chapters 431 and 479
62 72-1-213.1, as enacted by Laws of Utah 2019, Chapter 479
63 72-1-303, as last amended by Laws of Utah 2018, Chapter 424
64 72-1-304, as last amended by Laws of Utah 2019, Chapters 327 and 479
65 72-2-107, as last amended by Laws of Utah 2019, Chapter 479
66 72-2-108, as last amended by Laws of Utah 2018, Second Special Session, Chapter 8
67 72-2-124, as last amended by Laws of Utah 2019, Chapters 327 and 479
68 72-3-104, as last amended by Laws of Utah 2003, Chapters 131 and 292
69 72-6-118, as last amended by Laws of Utah 2018, Chapter 269
70 72-10-207, as last amended by Laws of Utah 1998, Chapters 282, 365 and renumbered
71 and amended by Laws of Utah 1998, Chapter 270
72
73 Be it enacted by the Legislature of the state of Utah:
74 Section 1. Section 10-9a-206 is amended to read:
75 10-9a-206. Third party notice -- High priority transportation corridor notice.
76 (1) (a) If a municipality requires notice to adjacent property owners, the municipality
77 shall:
78 (i) mail notice to the record owner of each parcel within parameters specified by
79 municipal ordinance; or
80 (ii) post notice on the property with a sign of sufficient size, durability, print quality,
81 and location that is reasonably calculated to give notice to passers-by.
82 (b) If a municipality mails notice to third party property owners under Subsection
83 (1)(a), it shall mail equivalent notice to property owners within an adjacent jurisdiction.
84 (2) (a) As used in this Subsection (2), "high priority transportation corridor" means a
85 transportation corridor identified as a high priority transportation corridor under Section
86 72-5-403.
87 (b) The Department of Transportation may request, in writing, that a municipality
88 provide the department with electronic notice of each land use application received by the
89 municipality that may adversely impact the development of a high priority transportation
90 corridor.
91 (c) If the municipality receives a written request as provided in Subsection (2)(b), the
92 municipality shall provide the Department of Transportation with timely electronic notice of
93 each land use application that the request specifies.
94 (3) (a) A large public transit district, as defined in Section 17B-2a-802, may request, in
95 writing, that a municipality provide the large public transit district with electronic notice of
96 each land use application received by the municipality that may impact the development of a
97 major transit investment corridor.
98 (b) If the municipality receives a written request as provided in Subsection (3)(a), the
99 municipality shall provide the large public transit district with timely electronic notice of each
100 land use application that the request specifies.
101 Section 2. Section 13-51-107 is amended to read:
102 13-51-107. Driver requirements.
103 (1) Before a transportation network company allows an individual to use the
104 transportation network company's software application as a transportation network driver, the
105 transportation network company shall:
106 (a) require the individual to submit to the transportation network company:
107 (i) the individual's name, address, and age;
108 (ii) a copy of the individual's driver license, including the driver license number; and
109 (iii) proof that the vehicle that the individual will use to provide transportation network
110 services is registered with the Division of Motor Vehicles;
111 (b) require the individual to consent to a criminal background check of the individual
112 by the transportation network company or the transportation network company's designee; and
113 (c) obtain and review a report that lists the individual's driving history.
114 (2) A transportation company may not allow an individual to provide transportation
115 network services as a transportation network driver if the individual:
116 (a) has committed more than three moving violations in the three years before the day
117 on which the individual applies to become a transportation network driver;
118 (b) has been convicted, in the seven years before the day on which the individual
119 applies to become a transportation network driver, of:
120 (i) driving under the influence of alcohol or drugs;
121 (ii) fraud;
122 (iii) a sexual offense;
123 (iv) a felony involving a motor vehicle;
124 (v) a crime involving property damage;
125 (vi) a crime involving theft;
126 (vii) a crime of violence; or
127 (viii) an act of terror;
128 (c) is required to register as a sex offender in accordance with Title 77, Chapter 41, Sex
129 and Kidnap Offender Registry;
130 (d) does not have a valid Utah driver license; or
131 (e) is not at least 19 years of age.
132 (3) (a) A transportation network company shall prohibit a transportation network driver
133 from accepting a request for a prearranged ride if the motor vehicle that the transportation
134 network driver uses to provide transportation network services fails to comply with:
135 [
136 [
137 (b) (i) If upon visual inspection, a defect relating to the equipment standards described
138 in Section 41-6a-1601 can be reasonably identified, an airport operator may perform a safety
139 inspection of a transportation network driver's vehicle operating within the airport to ensure
140 compliance with equipment standards described in Section 41-6a-1601.
141 (ii) An airport operator shall conduct all inspections under this Subsection (3) in such a
142 manner to minimize impact to the transportation network driver's and transportation network
143 company vehicle's availability to provide prearranged rides.
144 (4) A transportation network driver, while providing transportation network services,
145 shall carry proof, in physical or electronic form, that the transportation network driver is
146 covered by insurance that satisfies the requirements of Section 13-51-108.
147 Section 3. Section 17-27a-206 is amended to read:
148 17-27a-206. Third party notice -- High priority transportation corridor notice.
149 (1) (a) If a county requires notice to adjacent property owners, the county shall:
150 (i) mail notice to the record owner of each parcel within parameters specified by county
151 ordinance; or
152 (ii) post notice on the property with a sign of sufficient size, durability, print quality,
153 and location that is reasonably calculated to give notice to passers-by.
154 (b) If a county mails notice to third party property owners under Subsection (1), it shall
155 mail equivalent notice to property owners within an adjacent jurisdiction.
156 (2) (a) As used in this Subsection (2), "high priority transportation corridor" means a
157 transportation corridor identified as a high priority transportation corridor under Section
158 72-5-403.
159 (b) The Department of Transportation may request, in writing, that a county provide
160 the department with electronic notice of each land use application received by the county that
161 may adversely impact the development of a high priority transportation corridor.
162 (c) If the county receives a written request as provided in Subsection (2)(b), the county
163 shall provide the Department of Transportation with timely electronic notice of each land use
164 application that the request specifies.
165 (3) (a) A large public transit district, as defined in Section 17B-2a-802, may request, in
166 writing, that a county provide the large public transit district with electronic notice of each land
167 use application received by the county that may impact the development of a major transit
168 investment corridor.
169 (b) If the county receives a written request as provided in Subsection (3)(a), the county
170 shall provide the large public transit district with timely electronic notice of each land use
171 application that the request specifies.
172 Section 4. Section 17B-2a-802 is amended to read:
173 17B-2a-802. Definitions.
174 As used in this part:
175 (1) "Affordable housing" means housing occupied or reserved for occupancy by
176 households that meet certain gross household income requirements based on the area median
177 income for households of the same size.
178 (a) "Affordable housing" may include housing occupied or reserved for occupancy by
179 households that meet specific area median income targets or ranges of area median income
180 targets.
181 (b) "Affordable housing" does not include housing occupied or reserved for occupancy
182 by households with gross household incomes that are more than 60% of the area median
183 income for households of the same size.
184 (2) "Appointing entity" means the person, county, unincorporated area of a county, or
185 municipality appointing a member to a public transit district board of trustees.
186 (3) (a) "Chief executive officer" means a person appointed by the board of trustees of a
187 small public transit district to serve as chief executive officer.
188 (b) "Chief executive officer" shall enjoy all the rights, duties, and responsibilities
189 defined in Sections 17B-2a-810 and 17B-2a-811 and includes all rights, duties, and
190 responsibilities assigned to the general manager but prescribed by the board of trustees to be
191 fulfilled by the chief executive officer.
192 (4) "Council of governments" means a decision-making body in each county composed
193 of membership including the county governing body and the mayors of each municipality in the
194 county.
195 (5) "Department" means the Department of Transportation created in Section 72-1-201.
196 (6) "Executive director" means a person appointed by the board of trustees of a large
197 public transit district to serve as executive director.
198 (7) (a) "General manager" means a person appointed by the board of trustees of a small
199 public transit district to serve as general manager.
200 (b) "General manager" shall enjoy all the rights, duties, and responsibilities defined in
201 Sections 17B-2a-810 and 17B-2a-811 prescribed by the board of trustees of a small public
202 transit district.
203 (8) "Large public transit district" means a public transit district that provides public
204 transit to an area that includes:
205 (a) more than 65% of the population of the state based on the most recent official
206 census or census estimate of the United States Census Bureau; and
207 (b) two or more counties.
208 (9) (a) "Locally elected public official" means a person who holds an elected position
209 with a county or municipality.
210 (b) "Locally elected public official" does not include a person who holds an elected
211 position if the elected position is not with a county or municipality.
212 (10) "Metropolitan planning organization" means the same as that term is defined in
213 Section 72-1-208.5.
214 (11) "Multicounty district" means a public transit district located in more than one
215 county.
216 (12) "Operator" means a public entity or other person engaged in the transportation of
217 passengers for hire.
218 (13) (a) "Public transit" means regular, continuing, shared-ride, surface transportation
219 services that are open to the general public or open to a segment of the general public defined
220 by age, disability, or low income.
221 (b) "Public transit" does not include transportation services provided by:
222 (i) chartered bus;
223 (ii) sightseeing bus;
224 (iii) taxi;
225 (iv) school bus service;
226 (v) courtesy shuttle service for patrons of one or more specific establishments; or
227 (vi) intra-terminal or intra-facility shuttle services.
228 (14) "Public transit district" means a local district that provides public transit services.
229 (15) "Small public transit district" means any public transit district that is not a large
230 public transit district.
231 (16) "Station area plan" means a plan adopted by the relevant municipality or county
232 that establishes and preserves a vision for areas within one-half mile of a fixed guideway
233 station of a large public transit district, the development of which includes:
234 (a) involvement of all relevant stakeholders who have an interest in the station area,
235 including relevant metropolitan planning organizations;
236 (b) identification of major infrastructural and policy constraints and a course of action
237 to address those constraints; and
238 (c) other criteria as determined by the board of trustees of the relevant public transit
239 district.
240 [
241 loading or unloading zone, parking lot, or other facility:
242 (a) leased by or operated by or on behalf of a public transit district; and
243 (b) related to the public transit services provided by the district, including:
244 (i) railway or other right-of-way;
245 (ii) railway line; and
246 (iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
247 a transit vehicle.
248 [
249 vehicle operated as public transportation by a public transit district.
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251 commercial area that is designed to maximize access to public transit and includes the
252 development of land owned by a large public transit district [
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254 [
255 commercial area that is designed to maximize access to public transit and does not include the
256 development of land owned by a large public transit district.
257 Section 5. Section 17B-2a-804 is amended to read:
258 17B-2a-804. Additional public transit district powers.
259 (1) In addition to the powers conferred on a public transit district under Section
260 17B-1-103, a public transit district may:
261 (a) provide a public transit system for the transportation of passengers and their
262 incidental baggage;
263 (b) notwithstanding Subsection 17B-1-103(2)(g) and subject to Section 17B-2a-817,
264 levy and collect property taxes only for the purpose of paying:
265 (i) principal and interest of bonded indebtedness of the public transit district; or
266 (ii) a final judgment against the public transit district if:
267 (A) the amount of the judgment exceeds the amount of any collectable insurance or
268 indemnity policy; and
269 (B) the district is required by a final court order to levy a tax to pay the judgment;
270 (c) insure against:
271 (i) loss of revenues from damage to or destruction of some or all of a public transit
272 system from any cause;
273 (ii) public liability;
274 (iii) property damage; or
275 (iv) any other type of event, act, or omission;
276 (d) acquire, contract for, lease, construct, own, operate, control, or use:
277 (i) a right-of-way, rail line, monorail, bus line, station, platform, switchyard, terminal,
278 parking lot, or any other facility necessary or convenient for public transit service; or
279 (ii) any structure necessary for access by persons and vehicles;
280 (e) (i) hire, lease, or contract for the supplying or management of a facility, operation,
281 equipment, service, employee, or management staff of an operator; and
282 (ii) provide for a sublease or subcontract by the operator upon terms that are in the
283 public interest;
284 (f) operate feeder bus lines and other feeder or ridesharing services as necessary;
285 (g) accept a grant, contribution, or loan, directly through the sale of securities or
286 equipment trust certificates or otherwise, from the United States, or from a department,
287 instrumentality, or agency of the United States;
288 (h) study and plan transit facilities in accordance with any legislation passed by
289 Congress;
290 (i) cooperate with and enter into an agreement with the state or an agency of the state
291 or otherwise contract to finance to establish transit facilities and equipment or to study or plan
292 transit facilities;
293 (j) subject to Subsection 17B-2a-808.1(5), issue bonds as provided in and subject to
294 Chapter 1, Part 11, Local District Bonds, to carry out the purposes of the district;
295 (k) from bond proceeds or any other available funds, reimburse the state or an agency
296 of the state for an advance or contribution from the state or state agency;
297 (l) do anything necessary to avail itself of any aid, assistance, or cooperation available
298 under federal law, including complying with labor standards and making arrangements for
299 employees required by the United States or a department, instrumentality, or agency of the
300 United States;
301 (m) sell or lease property;
302 (n) except as provided in Subsection (2)(b), assist in or operate transit-oriented or
303 transit-supportive developments;
304 (o) establish, finance, participate as a limited partner or member in a development with
305 limited liabilities in accordance with Subsection (1)(p), construct, improve, maintain, or
306 operate transit facilities, equipment, and , in accordance with Subsection (3), transit-oriented
307 developments or transit-supportive developments; and
308 (p) subject to the restrictions and requirements in Subsections (2) and (3), assist in a
309 transit-oriented development or a transit-supportive development in connection with project
310 area development as defined in Section 17C-1-102 by:
311 (i) investing in a project as a limited partner or a member, with limited liabilities; or
312 (ii) subordinating an ownership interest in real property owned by the public transit
313 district.
314 (2) (a) A public transit district may only assist in the development of areas under
315 Subsection (1)(p)[
316 described in Subsection (1)(p).
317 [
318 [
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320 (b) A public transit district may not invest in a transit-oriented development or
321 transit-supportive development as a limited partner or other limited liability entity under the
322 provisions of Subsection (1)(p)(i), unless the partners, developer, or other investor in the entity,
323 makes an equity contribution equal to no less than 25% of the appraised value of the property
324 to be contributed by the public transit district.
325 (c) (i) For transit-oriented development projects, a public transit district shall adopt
326 transit-oriented development policies and guidelines that include provisions on affordable
327 housing.
328 (ii) For transit-supportive development projects, a public transit district shall work with
329 the metropolitan planning organization and city and county governments where the project is
330 located to collaboratively seek to create joint plans for the areas within one-half mile of transit
331 stations, including plans for affordable housing.
332 (d) A current board member of a public transit district to which the board member is
333 appointed may not have any interest in the transactions engaged in by the public transit district
334 pursuant to Subsection (1)(p)(i) or (ii), except as may be required by the board member's
335 fiduciary duty as a board member.
336 (3) For any transit-oriented development or transit-supportive development authorized
337 in this section, the public transit district shall:
338 (a) perform a cost-benefit analysis of the monetary investment and expenditures of the
339 development, including effect on:
340 (i) service and ridership;
341 (ii) regional plans made by the metropolitan planning agency;
342 (iii) the local economy;
343 (iv) the environment and air quality;
344 (v) affordable housing; and
345 (vi) integration with other modes of transportation; [
346 (b) provide evidence to the public of a quantifiable positive return on investment,
347 including improvements to public transit service.
348 (4) A public transit district may not participate in a transit-oriented development if:
349 (a) the relevant municipality or county has not developed and adopted a station area
350 plan; and
351 (b) (i) for a transit-oriented development involving a municipality, the municipality is
352 not in compliance with Sections 10-9a-403 and 10-9a-408 regarding the inclusion of moderate
353 income housing in the general plan and the required reporting requirements; or
354 (ii) for a transit-oriented development involving property in an unincorporated area of a
355 county, the county is not in compliance with Sections 17-27a-403 and 17-27a-408 regarding
356 inclusion of moderate income housing in the general plan and required reporting requirements.
357 [
358 local, or private funds.
359 [
360 Section 6. Section 17B-2a-808.1 is amended to read:
361 17B-2a-808.1. Large public transit district board of trustees powers and duties --
362 Adoption of ordinances, resolutions, or orders -- Effective date of ordinances.
363 (1) The powers and duties of a board of trustees of a large public transit district stated
364 in this section are in addition to the powers and duties stated in Section 17B-1-301.
365 (2) The board of trustees of each large public transit district shall:
366 (a) hold public meetings and receive public comment;
367 (b) ensure that the policies, procedures, and management practices established by the
368 public transit district meet state and federal regulatory requirements and federal grantee
369 eligibility;
370 (c) subject to Subsection (8), create and approve an annual budget, including the
371 issuance of bonds and other financial instruments, after consultation with the local advisory
372 council;
373 (d) approve any interlocal agreement with a local jurisdiction;
374 (e) in consultation with the local advisory council, approve contracts and overall
375 property acquisitions and dispositions for transit-oriented development;
376 (f) in consultation with constituent counties, municipalities, metropolitan planning
377 organizations, and the local advisory council:
378 (i) develop and approve a strategic plan for development and operations on at least a
379 four-year basis; and
380 (ii) create and pursue funding opportunities for transit capital and service initiatives to
381 meet anticipated growth within the public transit district;
382 (g) annually report the public transit district's long-term financial plan to the State
383 Bonding Commission;
384 (h) annually report the public transit district's progress and expenditures related to state
385 resources to the Executive Appropriations Committee and the Infrastructure and General
386 Government Appropriations Subcommittee;
387 (i) annually report to the Transportation Interim Committee the public transit district's
388 efforts to engage in public-private partnerships for public transit services;
389 (j) (i) in partnership with the Department of Transportation, study and evaluate the
390 feasibility of a strategic transition of a large public transit district into a state entity; and
391 (ii) in partnership with the Department of Transportation, before November 30, 2019,
392 report on the progress of the study to the Transportation Interim Committee and the
393 Infrastructure and General Government Appropriations Subcommittee;
394 (k) hire, set salaries, and develop performance targets and evaluations for:
395 (i) the executive director; and
396 (ii) all chief level officers;
397 (l) supervise and regulate each transit facility that the public transit district owns and
398 operates, including:
399 (i) fix rates, fares, rentals, charges and any classifications of rates, fares, rentals, and
400 charges; and
401 (ii) make and enforce rules, regulations, contracts, practices, and schedules for or in
402 connection with a transit facility that the district owns or controls;
403 (m) subject to Subsection (4), control the investment of all funds assigned to the
404 district for investment, including funds:
405 (i) held as part of a district's retirement system; and
406 (ii) invested in accordance with the participating employees' designation or direction
407 pursuant to an employee deferred compensation plan established and operated in compliance
408 with Section 457 of the Internal Revenue Code;
409 (n) in consultation with the local advisory council created under Section 17B-2a-808.2,
410 invest all funds according to the procedures and requirements of Title 51, Chapter 7, State
411 Money Management Act;
412 (o) if a custodian is appointed under Subsection (3)(d), and subject to Subsection (4),
413 pay the fees for the custodian's services from the interest earnings of the investment fund for
414 which the custodian is appointed;
415 (p) (i) cause an annual audit of all public transit district books and accounts to be made
416 by an independent certified public accountant;
417 (ii) as soon as practicable after the close of each fiscal year, submit to each of the
418 councils of governments within the public transit district a financial report showing:
419 (A) the result of district operations during the preceding fiscal year;
420 (B) an accounting of the expenditures of all local sales and use tax revenues generated
421 under Title 59, Chapter 12, Part 22, Local Option Sales and Use Taxes for Transportation Act;
422 (C) the district's financial status on the final day of the fiscal year; and
423 (D) the district's progress and efforts to improve efficiency relative to the previous
424 fiscal year; and
425 (iii) supply copies of the report under Subsection (2)(p)(ii) to the general public upon
426 request;
427 (q) report at least annually to the Transportation Commission created in Section
428 72-1-301, which report shall include:
429 (i) the district's short-term and long-range public transit plans, including the portions of
430 applicable regional transportation plans adopted by a metropolitan planning organization
431 established under 23 U.S.C. Sec. 134; and
432 (ii) any transit capital development projects that the board of trustees would like the
433 Transportation Commission to consider;
434 (r) direct the internal auditor appointed under Section 17B-2a-810 to conduct audits
435 that the board of trustees determines, in consultation with the local advisory council created in
436 Section 17B-2a-808.2, to be the most critical to the success of the organization;
437 (s) together with the local advisory council created in Section 17B-2a-808.2, hear audit
438 reports for audits conducted in accordance with Subsection (2)(p);
439 (t) review and approve all contracts pertaining to reduced fares, and evaluate existing
440 contracts, including review of:
441 (i) how negotiations occurred;
442 (ii) the rationale for providing a reduced fare; and
443 (iii) identification and evaluation of cost shifts to offset operational costs incurred and
444 impacted by each contract offering a reduced fare;
445 (u) in consultation with the local advisory council, develop and approve other board
446 policies, ordinances, and bylaws; and
447 (v) review and approve any:
448 (i) contract or expense exceeding $200,000; or
449 (ii) proposed change order to an existing contract if [
450
451 [
452 [
453 (A) increases the total contract value to $200,000 or more;
454 (B) increases a contract of or expense of $200,000 or more by 15% or more; or
455 (C) has a total change order value of $200,000 or more.
456 (3) A board of trustees of a large public transit district may:
457 (a) subject to Subsection (5), make and pass ordinances, resolutions, and orders that
458 are:
459 (i) not repugnant to the United States Constitution, the Utah Constitution, or the
460 provisions of this part; and
461 (ii) necessary for:
462 (A) the governance and management of the affairs of the district;
463 (B) the execution of district powers; and
464 (C) carrying into effect the provisions of this part;
465 (b) provide by resolution, under terms and conditions the board considers fit, for the
466 payment of demands against the district without prior specific approval by the board, if the
467 payment is:
468 (i) for a purpose for which the expenditure has been previously approved by the board;
469 (ii) in an amount no greater than the amount authorized; and
470 (iii) approved by the executive director or other officer or deputy as the board
471 prescribes;
472 (c) in consultation with the local advisory council created in Section 17B-2a-808.2:
473 (i) hold public hearings and subpoena witnesses; and
474 (ii) appoint district officers to conduct a hearing and require the officers to make
475 findings and conclusions and report them to the board; and
476 (d) appoint a custodian for the funds and securities under its control, subject to
477 Subsection (2)(o).
478 (4) For a large public transit district in existence as of May 8, 2018, on or before
479 September 30, 2019, the board of trustees of a large public transit district shall present a report
480 to the Transportation Interim Committee regarding retirement benefits of the district, including:
481 (a) the feasibility of becoming a participating employer and having retirement benefits
482 of eligible employees and officials covered in applicable systems and plans administered under
483 Title 49, Utah State Retirement and Insurance Benefit Act;
484 (b) any legal or contractual restrictions on any employees that are party to a collectively
485 bargained retirement plan; and
486 (c) a comparison of retirement plans offered by the large public transit district and
487 similarly situated public employees, including the costs of each plan and the value of the
488 benefit offered.
489 (5) The board of trustees may not issue a bond unless the board of trustees has
490 consulted and received approval from the State Bonding Commission created in Section
491 63B-1-201.
492 (6) A member of the board of trustees of a large public transit district or a hearing
493 officer designated by the board may administer oaths and affirmations in a district investigation
494 or proceeding.
495 (7) (a) The vote of the board of trustees on each ordinance or resolution shall be by roll
496 call vote with each affirmative and negative vote recorded.
497 (b) The board of trustees of a large public transit district may not adopt an ordinance
498 unless it is introduced at least 24 hours before the board of trustees adopts it.
499 (c) Each ordinance adopted by a large public transit district's board of trustees shall
500 take effect upon adoption, unless the ordinance provides otherwise.
501 (8) (a) For a large public transit district in existence on May 8, 2018, for the budget for
502 calendar year 2019, the board in place on May 8, 2018, shall create the tentative annual budget.
503 (b) The budget described in Subsection (8)(a) shall include setting the salary of each of
504 the members of the board of trustees that will assume control on or before November 1, 2018,
505 which salary may not exceed $150,000, plus additional retirement and other standard benefits,
506 as set by the local advisory council as described in Section 17B-2a-808.2.
507 (c) For a large public transit district in existence on May 8, 2018, the board of trustees
508 that assumes control of the large public transit district on or before November 2, 2018, shall
509 approve the calendar year 2019 budget on or before December 31, 2018.
510 Section 7. Section 41-1a-902 is amended to read:
511 41-1a-902. Odometer disclosure statement -- Contents -- Receipt -- Exceptions.
512 (1) Each motor vehicle certificate of title, at the time it is issued to the transferee, shall
513 contain:
514 (a) the mileage disclosed by the transferor when ownership of the motor vehicle was
515 transferred; and
516 (b) a space for the information required to be disclosed under this section at the time of
517 future transfer of ownership.
518 (2) At the time of any sale or transfer of a motor vehicle, the transferor shall furnish to
519 the transferee a written odometer disclosure statement in a form prescribed by the division.
520 This statement shall be signed and certified as to its truthfulness by the transferor, stating:
521 (a) the date of transfer;
522 (b) the transferor's name and address;
523 (c) the transferee's name and address;
524 (d) the identity of the motor vehicle, including its make, model, year, body type, and
525 identification number;
526 (e) the odometer reading at the time of transfer, not including tenths of miles or tenths
527 of kilometers;
528 (f) (i) that to the best of the transferor's knowledge, the odometer reading reflects the
529 amount of miles or kilometers the motor vehicle has actually been driven;
530 (ii) that the odometer reading reflects the amount of miles or kilometers in excess of
531 the designed mechanical odometer limit; or
532 (iii) that the odometer reading is not the actual amount of miles or kilometers; and
533 (g) a warning to alert the transferee if a discrepancy exists between the odometer
534 reading and the actual mileage.
535 (3) (a) Each transferee of a motor vehicle shall acknowledge receipt of the odometer
536 disclosure statement required by Subsection (2) by signing it, and the transferor shall deliver to
537 the transferee the original odometer disclosure statement. Both the transferor and the transferee
538 shall retain a legible copy of the odometer disclosure statement for not less than four years.
539 (b) A dealer who is required under Section 41-3-301 to title and register a motor
540 vehicle sold to a customer shall surrender the original odometer disclosure statement to the
541 division and deliver a copy to the transferee.
542 (4) Notwithstanding the requirements of this section, the odometer mileage need not be
543 disclosed by a transferor of:
544 (a) a single motor vehicle having a manufacturer specified gross laden weight rating of
545 more than 16,000 pounds, or a motor vehicle registered in this state for a gross laden weight of
546 18,000 pounds or more;
547 (b) a motor vehicle that is [
548 (c) a motor vehicle sold directly by the manufacturer to any agency of the United States
549 in conformity with contractual specifications; or
550 (d) a new motor vehicle prior to its first transfer for purposes other than resale.
551 (5) If the motor vehicle has not been titled or if the certificate of title does not contain a
552 space for the information required, the written disclosure shall be executed as a separate
553 document.
554 (6) A person may not sign an odometer disclosure statement as both the transferor and
555 the transferee in the same transaction.
556 Section 8. Section 41-1a-1206 is amended to read:
557 41-1a-1206. Registration fees -- Fees by gross laden weight.
558 (1) Except as provided in Subsections (2) and (3), at the time application is made for
559 registration or renewal of registration of a vehicle or combination of vehicles under this
560 chapter, a registration fee shall be paid to the division as follows:
561 (a) $46.00 for each motorcycle;
562 (b) $44 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
563 motorcycles;
564 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
565 or is registered under Section 41-1a-301:
566 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
567 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
568 gross unladen weight;
569 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
570 gross laden weight; plus
571 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
572 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
573 trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
574 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
575 (f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
576 exceeding 14,000 pounds gross laden weight; plus
577 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
578 (g) $45 for each vintage vehicle that is less than 40 years old; and
579 (h) in addition to the fee described in Subsection (1)(b):
580 (i) for each electric motor vehicle:
581 [
582 [
583 [
584 (ii) for each hybrid electric motor vehicle:
585 [
586 [
587 [
588 (iii) for each plug-in hybrid electric motor vehicle:
589 [
590 [
591 [
592 (iv) for any motor vehicle not described in Subsections (1)(h)(i) through (iii) that is
593 fueled exclusively by a source other than motor fuel, diesel fuel, natural gas, or propane:
594 [
595 [
596 [
597 (2) (a) At the time application is made for registration or renewal of registration of a
598 vehicle under this chapter for a six-month registration period under Section 41-1a-215.5, a
599 registration fee shall be paid to the division as follows:
600 (i) $34.50 for each motorcycle; and
601 (ii) $33.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
602 excluding motorcycles.
603 (b) In addition to the fee described in Subsection (2)(a)(ii), for registration or renewal
604 of registration of a vehicle under this chapter for a six-month registration period under Section
605 41-1a-215.5 a registration fee shall be paid to the division as follows:
606 (i) for each electric motor vehicle:
607 [
608 [
609 [
610 (ii) for each hybrid electric motor vehicle:
611 [
612 [
613 [
614 (iii) for each plug-in hybrid electric motor vehicle:
615 [
616 [
617 [
618 (iv) for each motor vehicle not described in Subsections (2)(b)(i) through (iii) that is
619 fueled by a source other than motor fuel, diesel fuel, natural gas, or propane:
620 [
621 [
622 [
623 (3) (a) (i) Beginning on January 1, 2019, the commission shall, on January 1, annually
624 adjust the registration fees described in Subsections (1)(a), (1)(b), (1)(c)(i), (1)(c)(ii), (1)(d)(i),
625 (1)(e)(i), (1)(f)(i), (1)(g), (2)(a), (4)(a), and (7), by taking the registration fee rate for the
626 previous year and adding an amount equal to the greater of:
627 (A) an amount calculated by multiplying the registration fee of the previous year by the
628 actual percentage change during the previous fiscal year in the Consumer Price Index; and
629 (B) 0.
630 (ii) Beginning on January 1, 2022, the commission shall, on January 1, annually adjust
631 the registration fees described in Subsections (1)(h)(i)[
632 (1)(h)(iii)[
633 and (2)(b)(iv)[
634 amount equal to the greater of:
635 (A) an amount calculated by multiplying the registration fee of the previous year by the
636 actual percentage change during the previous fiscal year in the Consumer Price Index; and
637 (B) 0.
638 (b) The amounts calculated as described in Subsection (3)(a) shall be rounded up to the
639 nearest 25 cents.
640 (4) (a) The initial registration fee for a vintage vehicle that is 40 years old or older is
641 $40.
642 (b) A vintage vehicle that is 40 years old or older is exempt from the renewal of
643 registration fees under Subsection (1).
644 (c) A vehicle with a Purple Heart special group license plate issued in accordance with
645 Section 41-1a-421 is exempt from the registration fees under Subsection (1).
646 (d) A camper is exempt from the registration fees under Subsection (1).
647 (5) If a motor vehicle is operated in combination with a semitrailer or trailer, each
648 motor vehicle shall register for the total gross laden weight of all units of the combination if the
649 total gross laden weight of the combination exceeds 12,000 pounds.
650 (6) (a) Registration fee categories under this section are based on the gross laden
651 weight declared in the licensee's application for registration.
652 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
653 of 2,000 pounds is a full unit.
654 (7) The owner of a commercial trailer or commercial semitrailer may, as an alternative
655 to registering under Subsection (1)(c), apply for and obtain a special registration and license
656 plate for a fee of $130.
657 (8) Except as provided in Section 41-6a-1642, a truck may not be registered as a farm
658 truck unless:
659 (a) the truck meets the definition of a farm truck under Section 41-1a-102; and
660 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
661 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
662 submits to the division a certificate of emissions inspection or a waiver in compliance with
663 Section 41-6a-1642.
664 (9) A violation of Subsection (8) is an infraction that shall be punished by a fine of not
665 less than $200.
666 (10) Trucks used exclusively to pump cement, bore wells, or perform crane services
667 with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
668 required for those vehicles under this section.
669 Section 9. Section 59-12-2214 is amended to read:
670 59-12-2214. County, city, or town option sales and use tax to fund a system for
671 public transit, an airport facility, a water conservation project, or to be deposited into the
672 County of the First Class Highway Projects Fund -- Base -- Rate.
673 (1) Subject to the other provisions of this part, a county, city, or town may impose a
674 sales and use tax of .25% on the transactions described in Subsection 59-12-103(1) located
675 within the county, city, or town.
676 (2) Notwithstanding Section 59-12-2212.2, and subject to [
677 (3) and (4), a county, city, or town that imposes a sales and use tax under this section shall
678 expend the revenues collected from the sales and use tax:
679 (a) to fund a system for public transit;
680 (b) to fund a project or service related to an airport facility for the portion of the project
681 or service that is performed within the county, city, or town within which the sales and use tax
682 is imposed:
683 (i) for a county that imposes the sales and use tax, if the airport facility is part of the
684 regional transportation plan of the area metropolitan planning organization if a metropolitan
685 planning organization exists for the area; or
686 (ii) for a city or town that imposes the sales and use tax, if:
687 (A) that city or town is located within a county of the second class;
688 (B) that city or town owns or operates the airport facility; and
689 (C) an airline is headquartered in that city or town; or
690 (c) for a combination of Subsections (2)(a) and (b).
691 (3) A county of the first class that imposes a sales and use tax under this section shall
692 expend the revenues collected from the sales and use tax as follows:
693 (a) 80% of the revenues collected from the sales and use tax shall be expended to fund
694 a system for public transit; and
695 (b) 20% of the revenues collected from the sales and use tax shall be deposited into the
696 County of the First Class Highway Projects Fund created by Section 72-2-121.
697 (4) (a) A county of the third class that has a portion of the county annexed into a large
698 public transit district and that has imposed a sales and use tax under this section as of January
699 1, 2020, may change the list of purposes for which the sales and use tax revenue may be
700 expended if:
701 (i) the proposed uses of the sales and use tax revenue are allowed uses described in this
702 section; and
703 (ii) in coordination with a relevant large public transit district, the county legislative
704 body passes an ordinance describing the allowed uses of the sales and use tax revenue.
705 (b) Notwithstanding Section 59-12-2208, and regardless of whether the imposition of
706 the sales and use tax imposed under this section was submitted to the voters as described in
707 Section 59-12-2208, the county legislative body is not required to submit an opinion question
708 to the county's registered voters to change the allowed uses as described in Subsection (4)(a).
709 Section 10. Section 59-12-2215 is amended to read:
710 59-12-2215. City or town option sales and use tax for highways or to fund a
711 system for public transit -- Base -- Rate.
712 (1) Subject to the other provisions of this part, a city or town may impose a sales and
713 use tax of up to .30% on the transactions described in Subsection 59-12-103(1) located within
714 the city or town.
715 (2) A city or town imposing a sales and use tax under this section shall expend the
716 revenues collected from the sales and use tax as described in Section 59-12-2212.2.
717 (3) Notwithstanding Section 59-12-2208, a city, or town legislative body may, but is
718 not required to, submit an opinion question to the city's, or town's registered voters in
719 accordance with Section 59-12-2208 to impose a sales and use tax under this section.
720 Section 11. Section 59-12-2217 is amended to read:
721 59-12-2217. County option sales and use tax for transportation -- Base -- Rate --
722 Written prioritization process -- Approval by county legislative body.
723 (1) Subject to the other provisions of this part, and subject to Subsection (8), a county
724 legislative body may impose a sales and use tax of up to .25% on the transactions described in
725 Subsection 59-12-103(1) within the county, including the cities and towns within the county.
726 (2) (a) Except as provided in Subsection (2)(b), and subject to Subsections (3) through
727 (6) and Section 59-12-2207, the revenue collected from a sales and use tax under this section
728 may only be expended as described in Section 59-12-2212.2.
729 (b) Subject to Subsections (3) through (6), in a county of the first or second class, or if
730 a county is part of an area metropolitan planning organization, that portion of the county within
731 the metropolitan planning organization, the revenue collected from a sales and use tax under
732 this section may only be expended as described in Section 59-12-2212.2, and only if the
733 expenditure is for:
734 (i) a project or service:
735 (A) relating to a regionally significant transportation facility or collector road for the
736 portion of the project or service that is performed within the county;
737 (B) for new capacity or congestion mitigation, and not for operation or maintenance, if
738 the project or service is performed within the county; and
739 (C) on a priority list created by the county's council of governments in accordance with
740 Subsection (5) and approved by the county legislative body in accordance with Subsection (5);
741 (ii) corridor preservation for a project or service described in Subsection (2)(b)(i)(A) or
742 (B); or
743 (iii) debt service or bond issuance costs related to a project or service described in
744 Subsection (2)(b)(i)(A) or (B).
745 (c) The restriction in Subsection (2)(b)(i)(B) from using revenue for operation or
746 maintenance does not apply to any revenue subject to rights or obligations under a contract
747 entered into before January 1, 2019, between a county and a public transit district.
748 (3) For revenue expended under this section for a project or service described in
749 Subsection (2) that is on or part of a regionally significant transportation facility and that
750 constructs or adds a new through lane or interchange, or provides new fixed guideway public
751 transit service, the project shall be part of:
752 (a) the statewide long-range plan; or
753 (b) a regional transportation plan of the area metropolitan planning organization if a
754 metropolitan planning organization area exists for the area.
755 (4) (a) As provided in this Subsection (4), a council of governments shall:
756 (i) develop a written prioritization process for the prioritization of projects to be funded
757 by revenues collected from a sales and use tax under this section;
758 (ii) create a priority list of transportation projects or services described in Section
759 59-12-2212.2 in accordance with Subsection (5); and
760 (iii) present the priority list to the county legislative body for approval in accordance
761 with Subsection (5).
762 (b) The written prioritization process described in Subsection (4)(a)(i) shall include:
763 (i) a definition of the type of projects to which the written prioritization process
764 applies;
765 (ii) subject to Subsection (4)(c), the specification of a weighted criteria system that the
766 council of governments will use to rank proposed projects and how that weighted criteria
767 system will be used to determine which proposed projects will be prioritized;
768 (iii) the specification of data that is necessary to apply the weighted criteria system;
769 (iv) application procedures for a project to be considered for prioritization by the
770 council of governments; and
771 (v) any other provision the council of governments considers appropriate.
772 (c) The weighted criteria system described in Subsection (4)(b)(ii) shall include the
773 following:
774 (i) the cost effectiveness of a project;
775 (ii) the degree to which a project will mitigate regional congestion;
776 (iii) the compliance requirements of applicable federal laws or regulations;
777 (iv) the economic impact of a project;
778 (v) the degree to which a project will require tax revenues to fund maintenance and
779 operation expenses; and
780 (vi) any other provision the council of governments considers appropriate.
781 (d) A council of governments of a county of the first or second class shall submit the
782 written prioritization process described in Subsection (4)(a)(i) to the Executive Appropriations
783 Committee for approval prior to taking final action on:
784 (i) the written prioritization process; or
785 (ii) any proposed amendment to the written prioritization process.
786 (5) (a) A council of governments shall use the weighted criteria system adopted in the
787 written prioritization process developed in accordance with Subsection (4) to create a priority
788 list of transportation projects or services for which revenues collected from a sales and use tax
789 under this section may be expended.
790 (b) Before a council of governments may finalize a priority list or the funding level of a
791 project, the council of governments shall conduct a public meeting on:
792 (i) the written prioritization process; and
793 (ii) the merits of the projects that are prioritized as part of the written prioritization
794 process.
795 (c) A council of governments shall make the weighted criteria system ranking for each
796 project prioritized as part of the written prioritization process publicly available before the
797 public meeting required by Subsection (5)(b) is held.
798 (d) If a council of governments prioritizes a project over another project with a higher
799 rank under the weighted criteria system, the council of governments shall:
800 (i) identify the reasons for prioritizing the project over another project with a higher
801 rank under the weighted criteria system at the public meeting required by Subsection (5)(b);
802 and
803 (ii) make the reasons described in Subsection (5)(d)(i) publicly available.
804 (e) Subject to Subsections (5)(f) and (g), after a council of governments finalizes a
805 priority list in accordance with this Subsection (5), the council of governments shall:
806 (i) submit the priority list to the county legislative body for approval; and
807 (ii) obtain approval of the priority list from a majority of the members of the county
808 legislative body.
809 (f) A council of governments may only submit one priority list per calendar year to the
810 county legislative body.
811 (g) A county legislative body may only consider and approve one priority list submitted
812 under Subsection (5)(e) per calendar year.
813 (6) In a county of the first class, revenues collected from a sales and use tax under this
814 section that a county allocates for a purpose described in Subsection 59-12-2212.2 shall be:
815 (a) deposited in or transferred to the County of the First Class Highway Projects Fund
816 created by Section 72-2-121; and
817 (b) expended as provided in Section 72-2-121.
818 (7) Notwithstanding Section 59-12-2208, a county legislative body may, but is not
819 required to, submit an opinion question to the county's registered voters in accordance with
820 Section 59-12-2208 to impose a sales and use tax under this section.
821 (8) (a) (i) Notwithstanding any other provision in this section, if the entire boundary of
822 a county is annexed into a large public transit district, if the county legislative body wishes to
823 impose a sales and use tax under this section, the county legislative body shall pass the
824 ordinance to impose a sales and use tax under this section on or before June 30, 2022.
825 (ii) If the entire boundary of a county is annexed into a large public transit district, the
826 county legislative body may not pass an ordinance to impose a sales and use tax under this
827 section on or after July 1, 2022.
828 (b) Notwithstanding the deadline described in Subsection (8)(a), any sales and use tax
829 imposed under this section on or before June 30, 2022, may remain in effect.
830 Section 12. Section 72-1-102 is amended to read:
831 72-1-102. Definitions.
832 As used in this title:
833 (1) "Circulator alley" means a publicly owned passageway:
834 (a) with a right-of-way width of 20 feet or greater;
835 (b) located within a master planned community;
836 (c) established by the municipality having jurisdictional authority as part of the street
837 network for traffic circulation that may also be used for:
838 (i) garbage collection;
839 (ii) access to residential garages; or
840 (iii) access rear entrances to a commercial establishment; and
841 (d) constructed with a bituminous or concrete pavement surface.
842 [
843 72-1-301.
844 [
845 improvement of the highways, including the acquisition of rights-of-way and material sites.
846 [
847 72-1-201.
848 [
849 under Section 72-1-202.
850 [
851 [
852 highways located within this state officially designated by the department and approved by the
853 United States Secretary of Transportation under Title 23, Highways, U.S.C.
854 [
855 tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned
856 to the public, or made public in an action for the partition of real property, including the entire
857 area within the right-of-way.
858 [
859 governing body of a county or municipality.
860 [
861 [
862 department and included as part of the national interstate and defense highways, as provided in
863 the Federal Aid Highway Act of 1956 and any supplemental acts or amendments.
864 [
865 through traffic, and over, from, or to which neither owners nor occupants of abutting lands nor
866 other persons have any right or easement, or have only a limited right or easement of access,
867 light, air, or view.
868 (13) "Master planned community" means a land use development:
869 (a) designated by the political subdivision as a master planned community; and
870 (b) comprised of a single development agreement for a development larger than 3,500
871 acres.
872 [
873 [
874 [
875 main highways located within this state officially designated by the department and approved
876 by the United States Secretary of Transportation under Title 23, Highways, U.S.C.
877 [
878 operated, and maintained by the department where drivers, vehicles, and vehicle loads are
879 checked or inspected for compliance with state and federal laws as specified in Section
880 72-9-501.
881 (b) "Port-of-entry" includes inspection and checking stations and weigh stations.
882 [
883 the duties specified in Section 72-9-501.
884 [
885 17B-2a-802.
886 [
887 passenger loading or unloading zone, parking lot, or other facility:
888 (a) leased by or operated by or on behalf of a public transit district; and
889 (b) related to the public transit services provided by the district, including:
890 (i) railway or other right-of-way;
891 (ii) railway line; and
892 (iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
893 a transit vehicle.
894 [
895 in a strip, acquired for or devoted to a highway.
896 [
897 submitted bids or proposals in addition to bids or proposals manually sealed and submitted.
898 [
899 [
900 defined in this section.
901 [
902 Title 72, Chapter 4, Designation of State Highways Act.
903 [
904 72-5-102.
905 [
906 pathways, and thoroughfares of any kind, including connected structures, airports, spaceports,
907 public transit facilities, and all other modes and forms of conveyance used by the public.
908 [
909 [
910 [
911 [
912 Section 13. Section 72-1-213.1 is amended to read:
913 72-1-213.1. Road usage charge program.
914 (1) As used in this section:
915 (a) "Account manager" means an entity under contract with the department to
916 administer and manage the road usage charge program.
917 (b) "Alternative fuel vehicle" means the same as that term is defined in Section
918 41-1a-102.
919 (c) "Payment period" means the interval during which an owner is required to report
920 mileage and pay the appropriate road usage charge according to the terms of the program.
921 (d) "Program" means the road usage charge program established and described in this
922 section.
923 (2) There is established a road usage charge program as described in this section.
924 (3) (a) The department shall implement and oversee the administration of the program,
925 which shall begin on January 1, 2020.
926 (b) To implement and administer the program, the department may contract with an
927 account manager.
928 (4) (a) The owner or lessee of an alternative fuel vehicle may apply for enrollment of
929 the alternative fuel vehicle in the program.
930 (b) If an application for enrollment into the program is approved by the department, the
931 owner or lessee of an alternative fuel vehicle may participate in the program in lieu of paying
932 the fee described in Subsection 41-1a-1206(1)(h) or (2)(b).
933 (5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
934 and consistent with this section, the department:
935 (i) shall make rules to establish:
936 (A) processes and terms for enrollment into and withdrawal or removal from the
937 program;
938 (B) payment periods and other payment methods and procedures for the program;
939 (C) standards for mileage reporting mechanisms for an owner or lessee of an
940 alternative fuel vehicle to report mileage as part of participation in the program;
941 (D) standards for program functions for mileage recording, payment processing,
942 account management, and other similar aspects of the program;
943 (E) contractual terms between an owner or lessee of an alternative fuel vehicle owner
944 and an account manager for participation in the program;
945 (F) contractual terms between the department and an account manager, including
946 authority for an account manager to enforce the terms of the program;
947 (G) procedures to provide security and protection of personal information and data
948 connected to the program, and penalties for account managers for violating privacy protection
949 rules;
950 (H) penalty procedures for a program participant's failure to pay a road usage charge or
951 tampering with a device necessary for the program; and
952 (I) department oversight of an account manager, including privacy protection of
953 personal information and access and auditing capability of financial and other records related to
954 administration of the program; and
955 (ii) may make rules to establish:
956 (A) an enrollment cap for certain alternative fuel vehicle types to participate in the
957 program;
958 (B) a process for collection of an unpaid road usage charge or penalty; or
959 (C) integration of the program with other similar programs, such as tolling.
960 (b) The department shall make recommendations to and consult with the commission
961 regarding road usage mileage rates for each type of alternative fuel vehicle.
962 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
963 consistent with this section, the commission shall, after consultation with the department, make
964 rules to establish the road usage charge mileage rate for each type of alternative fuel vehicle.
965 (7) (a) Revenue generated by the road usage charge program and relevant penalties
966 shall be deposited into the Transportation Fund.
967 (b) The department may use revenue generated by the program to cover the costs of
968 administering the program.
969 (8) (a) The department may:
970 (i) (A) impose a penalty for failure to timely pay a road usage charge according to the
971 terms of the program or tampering with a device necessary for the program; and
972 (B) request that the Division of Motor Vehicles place a hold on the registration of the
973 owner's or lessee's alternative fuel vehicle for failure to pay a road usage charge according to
974 the terms of the program;
975 (ii) send correspondence to the owner of an alternative fuel vehicle to inform the owner
976 or lessee of:
977 (A) the road usage charge program, implementation, and procedures;
978 (B) an unpaid road usage charge and the amount of the road usage charge to be paid to
979 the department;
980 (C) the penalty for failure to pay a road usage charge within the time period described
981 in Subsection (8)(a)(iii); and
982 (D) a hold being placed on the owner's or lessee's registration for the alternative fuel
983 vehicle, if the road usage charge and penalty are not paid within the time period described in
984 Subsection (8)(a)(iii), which would prevent the renewal of the alternative fuel vehicle's
985 registration; and
986 (iii) require that the owner or lessee of the alternative fuel vehicle pay the road usage
987 charge to the department within 30 days of the date when the department sends written notice
988 of the road usage charge to the owner or lessee.
989 (b) The department shall send the correspondence and notice described in Subsection
990 (8)(a) to the owner of the alternative fuel vehicle according to the terms of the program.
991 (9) (a) The Division of Motor Vehicles and the department shall share and provide
992 access to information pertaining to an alternative fuel vehicle and participation in the program
993 including:
994 (i) registration and ownership information pertaining to an alternative fuel vehicle;
995 (ii) information regarding the failure of an alternative fuel vehicle owner or lessee to
996 pay a road usage charge or penalty imposed under this section within the time period described
997 in Subsection (8)(a)(iii); and
998 (iii) the status of a request for a hold on the registration of an alternative fuel vehicle.
999 (b) If the department requests a hold on the registration in accordance with this section,
1000 the Division of Motor Vehicles may not renew the registration of a motor vehicle under Title
1001 41, Chapter 1a, Part 2, Registration, until the department withdraws the hold request.
1002 (10) The owner of an alternative fuel vehicle may apply for enrollment in the program
1003 or withdraw from the program according to the terms established by the department pursuant to
1004 rules made under Subsection (5).
1005 (11) If enrolled in the program, the owner or lessee of an alternative fuel vehicle shall:
1006 (a) report mileage driven as required by the department pursuant to Subsection (5);
1007 (b) pay the road usage fee for each payment period as set by the department and the
1008 commission pursuant to Subsections (5) and (6); and
1009 (c) comply with all other provisions of this section and other requirements of the
1010 program.
1011 (12) (a) On or before June 1, 2021, and except for the vehicles excluded in Subsection
1012 (12)(b), the department shall submit to a legislative committee designated by the Legislative
1013 Management Committee a written plan to enroll all vehicles registered in the state in the
1014 program by December 31, 2031.
1015 (b) The plan described in Subsection (12)(a) may exclude authorized carriers described
1016 in Subsection 59-12-102(17)(a).
1017 (c) Beginning in 2021, on or before October 1 of each year, the department shall
1018 submit annually an electronic report recommending strategies to expand enrollment in the
1019 program to meet the deadline provided in Subsection (12)(a).
1020 (13) Beginning in 2021, the department shall submit annually, on or before October 1,
1021 to the legislative committee that receives the report described in Subsection (12), an electronic
1022 report that:
1023 (a) states for the preceding fiscal year:
1024 (i) the amount of revenue collected from the program;
1025 (ii) the participation rate in the program; and
1026 (iii) the department's costs to administer the program; and
1027 (b) provides for the current fiscal year, an estimate of:
1028 (i) the revenue that will be collected from the program;
1029 (ii) the participation rate in the program; and
1030 (iii) the department's costs to administer the program.
1031 Section 14. Section 72-1-303 is amended to read:
1032 72-1-303. Duties of commission.
1033 (1) The commission has the following duties:
1034 (a) determining priorities and funding levels of projects in the state transportation
1035 systems and capital development of new public transit facilities for each fiscal year based on
1036 project lists compiled by the department and taking into consideration the strategic initiatives
1037 described in Section 72-1-211;
1038 (b) determining additions and deletions to state highways under Chapter 4, Designation
1039 of State Highways Act;
1040 (c) holding public hearings and otherwise providing for public input in transportation
1041 matters;
1042 (d) making policies and rules in accordance with Title 63G, Chapter 3, Utah
1043 Administrative Rulemaking Act, necessary to perform the commission's duties described under
1044 this section;
1045 (e) in accordance with Section 63G-4-301, reviewing orders issued by the executive
1046 director in adjudicative proceedings held in accordance with Title 63G, Chapter 4,
1047 Administrative Procedures Act;
1048 (f) advising the department in state transportation systems policy;
1049 (g) approving settlement agreements of condemnation cases subject to Section
1050 63G-10-401;
1051 (h) in accordance with Section 17B-2a-807, appointing a commissioner to serve as a
1052 nonvoting, ex officio member or a voting member on the board of trustees of a public transit
1053 district;
1054 (i) in accordance with Section 17B-2a-808, reviewing, at least annually, the short-term
1055 and long-range public transit plans; and
1056 (j) reviewing administrative rules made, substantively amended, or repealed by the
1057 department.
1058 (2) (a) For projects prioritized with funding provided under Sections 72-2-124 and
1059 72-2-125, the commission shall annually report to a committee designated by the Legislative
1060 Management Committee:
1061 (i) a prioritized list of the new transportation capacity projects in the state
1062 transportation system and the funding levels available for those projects; and
1063 (ii) the unfunded highway construction and maintenance needs within the state.
1064 (b) The committee designated by the Legislative Management Committee under
1065 Subsection (2)(a) shall:
1066 (i) review the list reported by the Transportation Commission; and
1067 (ii) make a recommendation to the Legislature on:
1068 (A) the amount of additional funding to allocate to transportation; and
1069 (B) the source of revenue for the additional funding allocation under Subsection
1070 (2)(b)(ii)(A).
1071 (3) The commission shall review and may approve plans for the construction of a
1072 highway facility over sovereign lakebed lands in accordance with Chapter 6, Part 3, Approval
1073 of Highway Facilities on Sovereign Lands Act.
1074 Section 15. Section 72-1-304 is amended to read:
1075 72-1-304. Written project prioritization process for new transportation capacity
1076 projects -- Rulemaking.
1077 (1) (a) The Transportation Commission, in consultation with the department and the
1078 metropolitan planning organizations as defined in Section 72-1-208.5, shall develop a written
1079 prioritization process for the prioritization of:
1080 (i) new transportation capacity projects that are or will be part of the state highway
1081 system under Chapter 4, Part 1, State Highways;
1082 (ii) paved pedestrian or paved nonmotorized transportation projects that:
1083 (A) mitigate traffic congestion on the state highway system; and
1084 (B) are part of an active transportation plan approved by the department;
1085 (iii) public transit projects that add capacity to the public transit systems within the
1086 state; and
1087 (iv) pedestrian or nonmotorized transportation projects that provide connection to a
1088 public transit system.
1089 (b) (i) A local government or district may nominate a project for prioritization in
1090 accordance with the process established by the commission in rule.
1091 (ii) If a local government or district nominates a project for prioritization by the
1092 commission, the local government or district shall provide data and evidence to show that:
1093 (A) the project will advance the purposes and goals described in Section 72-1-211;
1094 (B) for a public transit project, the local government or district has an ongoing funding
1095 source for operations and maintenance of the proposed development; and
1096 (C) the local government or district will provide 40% of the costs for the project as
1097 required by Subsection 72-2-124(4)(a)(viii) or 72-2-124(9)(e).
1098 (2) The following shall be included in the written prioritization process under
1099 Subsection (1):
1100 (a) a description of how the strategic initiatives of the department adopted under
1101 Section 72-1-211 are advanced by the written prioritization process;
1102 (b) a definition of the type of projects to which the written prioritization process
1103 applies;
1104 (c) specification of a weighted criteria system that is used to rank proposed projects
1105 and how it will be used to determine which projects will be prioritized;
1106 (d) specification of the data that is necessary to apply the weighted ranking criteria; and
1107 (e) any other provisions the commission considers appropriate, which may include
1108 consideration of:
1109 (i) regional and statewide economic development impacts, including improved local
1110 access to:
1111 (A) employment;
1112 (B) educational facilities;
1113 (C) recreation;
1114 (D) commerce; and
1115 (E) residential areas, including moderate income housing as demonstrated in the local
1116 government's or district's general plan pursuant to Section 10-9a-403 or 17-27a-403;
1117 (ii) the extent to which local land use plans relevant to a project support and
1118 accomplish the strategic initiatives adopted under Section 72-1-211; and
1119 (iii) any matching funds provided by a political subdivision or public transit district in
1120 addition to the 40% required by Subsections 72-2-124(4)(a)(viii) and 72-2-124(9)(e).
1121 (3) (a) When prioritizing a public transit project that increases capacity, the
1122 commission may give priority consideration to projects that are part of a transit-oriented
1123 development or transit-supportive development as defined in Section 17B-2a-802.
1124 (b) When prioritizing a public transit or transportation project that increases capacity,
1125 the commission may give priority consideration to projects that are part of a transportation
1126 reinvestment zone created under Section 11-13-227 if:
1127 (i) the state is a participant in the transportation reinvestment zone; or
1128 (ii) the commission finds that the transportation reinvestment zone provides a benefit
1129 to the state transportation system.
1130 [
1131 (a) shall seek and consider public comment by holding public meetings at locations
1132 throughout the state; and
1133 (b) may not consider local matching dollars as provided under Section 72-2-123 unless
1134 the state provides an equal opportunity to raise local matching dollars for state highway
1135 improvements within each county.
1136 [
1137 Act, the Transportation Commission, in consultation with the department, shall make rules
1138 establishing the written prioritization process under Subsection (1).
1139 [
1140 committee or task force designated by the Legislative Management Committee for review prior
1141 to taking final action on the proposed rules or any proposed amendment to the rules described
1142 in Subsection [
1143 Section 16. Section 72-2-107 is amended to read:
1144 72-2-107. Appropriation from Transportation Fund -- Apportionment for class B
1145 and class C roads.
1146 (1) There is appropriated to the department from the Transportation Fund annually an
1147 amount equal to 30% of an amount which the director of finance shall compute in the
1148 following manner: The total revenue deposited into the Transportation Fund during the fiscal
1149 year from state highway-user taxes and fees, minus those amounts appropriated or transferred
1150 from the Transportation Fund during the same fiscal year to:
1151 (a) the Department of Public Safety;
1152 (b) the State Tax Commission;
1153 (c) the Division of Finance;
1154 (d) the Utah Travel Council;
1155 (e) the road usage charge program created in Section 72-1-213.1; and
1156 (f) any other amounts appropriated or transferred for any other state agencies not a part
1157 of the department.
1158 (2) (a) Except as provided in [
1159 appropriated in Subsection (1) shall be apportioned among counties and municipalities for class
1160 B and class C roads as provided in this title.
1161 (b) The department shall annually transfer $500,000 of the amount calculated under
1162 Subsection (1) to the State Park Access Highways Improvement Program created in Section
1163 72-3-207.
1164 (c) Administrative costs of the department to administer class B and class C roads shall
1165 be paid from funds calculated under Subsection (1).
1166 (3) Each quarter of every year the department shall make the necessary accounting
1167 entries to transfer the money appropriated under this section for class B and class C roads.
1168 (4) The funds appropriated for class B and class C roads shall be expended under the
1169 direction of the department as the Legislature shall provide.
1170 Section 17. Section 72-2-108 is amended to read:
1171 72-2-108. Apportionment of funds available for use on class B and class C roads
1172 -- Bonds.
1173 (1) For purposes of this section:
1174 (a) "Eligible county" means a county of the fifth class, as described in Section
1175 17-50-501, that received a distribution for fiscal year 2015 that was reapportioned to include
1176 money in addition to the amount calculated under Subsection (2), and the portion of the
1177 distribution derived from the calculation under Subsection (2) was less than 60% of the total
1178 distribution.
1179 (b) "Graveled road" means a road:
1180 (i) that is:
1181 (A) graded; and
1182 (B) drained by transverse drainage systems to prevent serious impairment of the road
1183 by surface water;
1184 (ii) that has an improved surface; and
1185 (iii) that has a wearing surface made of:
1186 (A) gravel;
1187 (B) broken stone;
1188 (C) slag;
1189 (D) iron ore;
1190 (E) shale; or
1191 (F) other material that is:
1192 (I) similar to a material described in Subsection (1)(b)(iii)(A) through (E); and
1193 (II) coarser than sand.
1194 (c) "Paved road" includes:
1195 (i) a graveled road with a chip seal surface[
1196 (ii) a circulator alley.
1197 (d) "Road mile" means a one-mile length of road, regardless of:
1198 (i) the width of the road; or
1199 (ii) the number of lanes into which the road is divided.
1200 (e) "Weighted mileage" means the sum of the following:
1201 (i) paved road miles multiplied by five; and
1202 (ii) all other road type road miles multiplied by two.
1203 (2) Subject to the provisions of Subsections (3) through (7), funds appropriated for
1204 class B and class C roads shall be apportioned among counties and municipalities in the
1205 following manner:
1206 (a) 50% in the ratio that the class B roads weighted mileage within each county and
1207 class C roads weighted mileage within each municipality bear to the total class B and class C
1208 roads weighted mileage within the state; and
1209 (b) 50% in the ratio that the population of a county or municipality bears to the total
1210 population of the state as of the last official federal census or the United States Bureau of
1211 Census estimate, whichever is most recent, except that if population estimates are not available
1212 from the United States Bureau of Census, population figures shall be derived from the estimate
1213 from the Utah Population Committee.
1214 (3) For purposes of Subsection (2)(b), "the population of a county" means:
1215 (a) for a county of the first class with a metro township, as defined in Section
1216 10-2a-403, within the boundaries of the county as of January 1, 2020:
1217 (i) the population of a county outside the corporate limits of municipalities in that
1218 county, if the population of the county outside the corporate limits of municipalities in that
1219 county is not less than 7% of the total population of that county, including municipalities; and
1220 (ii) if the population of a county outside the corporate limits of municipalities in the
1221 county is less than 7% of the total population:
1222 (A) the aggregate percentage of the population apportioned to municipalities in that
1223 county shall be reduced by an amount equal to the difference between:
1224 (I) 7%; and
1225 (II) the actual percentage of population outside the corporate limits of municipalities in
1226 that county; and
1227 (B) the population apportioned to the county shall be 7% of the total population of that
1228 county, including incorporated municipalities; or
1229 (b) for any county not described in Subsection (3)(a):
1230 [
1231 county, if the population of the county outside the corporate limits of municipalities in that
1232 county is not less than 14% of the total population of that county, including municipalities; and
1233 [
1234 the county is less than 14% of the total population:
1235 [
1236 that county shall be reduced by an amount equal to the difference between:
1237 [
1238 [
1239 municipalities in that county; and
1240 [
1241 of that county, including incorporated municipalities.
1242 (4) For an eligible county, the department shall reapportion the funds under Subsection
1243 (2) to ensure that the county or municipality receives, for a fiscal year beginning on or after
1244 July 1, 2018, an amount equal to the greater of:
1245 (a) the amount apportioned to the county or municipality for class B and class C roads
1246 in the current fiscal year under Subsection (2); or
1247 (b) (i) the amount apportioned to the county or municipality for class B and class C
1248 roads through the apportionment formula under Subsection (2) or this Subsection (4) in the
1249 prior fiscal year; plus
1250 (ii) the amount calculated as described in Subsection (6).
1251 (5) (a) The department shall decrease proportionately as provided in Subsection (5)(b)
1252 the apportionments to counties and municipalities for which the reapportionment under
1253 Subsection (4) does not apply.
1254 (b) The aggregate amount of the funds that the department shall decrease
1255 proportionately from the apportionments under Subsection (5)(a) is an amount equal to the
1256 aggregate amount reapportioned to counties and municipalities under Subsection (4).
1257 (6) (a) In addition to the apportionment adjustments made under Subsection (4), a
1258 county or municipality that qualifies for reapportioned money under Subsection (4) shall
1259 receive an amount equal to the amount apportioned to the eligible county or municipality under
1260 Subsection (4) for class B and class C roads in the prior fiscal year multiplied by the percentage
1261 increase or decrease in the total funds available for class B and class C roads between the prior
1262 fiscal year and the fiscal year that immediately preceded the prior fiscal year.
1263 (b) The adjustment under Subsection (6)(a) shall be made in the same way as provided
1264 in Subsections (5)(a) and (b).
1265 (7) (a) If a county or municipality does not qualify for a reapportionment under
1266 Subsection (4) in the current fiscal year but previously qualified for a reapportionment under
1267 Subsection (4) on or after July 1, 2017, the county or municipality shall receive an amount
1268 equal to the greater of:
1269 (i) the amount apportioned to the county or municipality for class B and class C roads
1270 in the current fiscal year under Subsection (2); or
1271 (ii) the amount apportioned to the county or municipality for class B and class C roads
1272 in the prior fiscal year.
1273 (b) The adjustment under Subsection (7)(a) shall be made in the same way as provided
1274 in Subsections (5)(a) and (b).
1275 (8) The governing body of any municipality or county may issue bonds redeemable up
1276 to a period of 10 years under Title 11, Chapter 14, Local Government Bonding Act, to pay the
1277 costs of constructing, repairing, and maintaining class B or class C roads and may pledge class
1278 B or class C road funds received pursuant to this section to pay principal, interest, premiums,
1279 and reserves for the bonds.
1280 Section 18. Section 72-2-124 is amended to read:
1281 72-2-124. Transportation Investment Fund of 2005.
1282 (1) There is created a capital projects fund entitled the Transportation Investment Fund
1283 of 2005.
1284 (2) The fund consists of money generated from the following sources:
1285 (a) any voluntary contributions received for the maintenance, construction,
1286 reconstruction, or renovation of state and federal highways;
1287 (b) appropriations made to the fund by the Legislature;
1288 (c) registration fees designated under Section 41-1a-1201;
1289 (d) the sales and use tax revenues deposited into the fund in accordance with Section
1290 59-12-103; and
1291 (e) revenues transferred to the fund in accordance with Section 72-2-106.
1292 (3) (a) The fund shall earn interest.
1293 (b) All interest earned on fund money shall be deposited into the fund.
1294 (4) (a) Except as provided in Subsection (4)(b), the executive director may only use
1295 fund money to pay:
1296 (i) the costs of maintenance, construction, reconstruction, or renovation to state and
1297 federal highways prioritized by the Transportation Commission through the prioritization
1298 process for new transportation capacity projects adopted under Section 72-1-304;
1299 (ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
1300 projects described in Subsections 63B-18-401(2), (3), and (4);
1301 (iii) principal, interest, and issuance costs of bonds authorized by Section 63B-18-401
1302 minus the costs paid from the County of the First Class Highway Projects Fund in accordance
1303 with Subsection 72-2-121(4)(f);
1304 (iv) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010 Salt
1305 Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the amount certified
1306 by Salt Lake County in accordance with Subsection 72-2-121.3(4)(c) as necessary to pay the
1307 debt service on $30,000,000 of the revenue bonds issued by Salt Lake County;
1308 (v) principal, interest, and issuance costs of bonds authorized by Section 63B-16-101
1309 for projects prioritized in accordance with Section 72-2-125;
1310 (vi) all highway general obligation bonds that are intended to be paid from revenues in
1311 the Centennial Highway Fund created by Section 72-2-118;
1312 (vii) for fiscal year 2015-16 only, to transfer $25,000,000 to the County of the First
1313 Class Highway Projects Fund created in Section 72-2-121 to be used for the purposes described
1314 in Section 72-2-121; and
1315 (viii) if a political subdivision provides a contribution equal to or greater than 40% of
1316 the costs needed for construction, reconstruction, or renovation of paved pedestrian or paved
1317 nonmotorized transportation for projects that:
1318 (A) mitigate traffic congestion on the state highway system;
1319 (B) are part of an active transportation plan approved by the department; and
1320 (C) are prioritized by the commission through the prioritization process for new
1321 transportation capacity projects adopted under Section 72-1-304.
1322 (b) The executive director may use fund money to exchange for an equal or greater
1323 amount of federal transportation funds to be used as provided in Subsection (4)(a).
1324 (5) (a) Except as provided in Subsection (5)(b), the executive director may not [
1325 program fund money to a project prioritized by the commission under Section 72-1-304,
1326 including fund money from the Transit Transportation Investment Fund, within the boundaries
1327 of a municipality that is required to adopt a moderate income housing plan element as part of
1328 the municipality's general plan as described in Subsection 10-9a-401(3), if the municipality has
1329 failed to adopt a moderate income housing plan element as part of the municipality's general
1330 plan or has failed to implement the requirements of the moderate income housing plan as
1331 determined by the results of the Department of Workforce Service's review of the annual
1332 moderate income housing report described in Subsection 35A-8-803(1)(a)(vii).
1333 (b) Within the boundaries of a municipality that is required under Subsection
1334 10-9a-401(3) to plan for moderate income housing growth but has failed to adopt a moderate
1335 income housing plan element as part of the municipality's general plan or has failed to
1336 implement the requirements of the moderate income housing plan as determined by the results
1337 of the Department of Workforce Service's review of the annual moderate income housing
1338 report described in Subsection 35A-8-803(1)(a)(vii), the executive director:
1339 (i) may [
1340 limited-access facility or interchange connecting limited-access facilities;
1341 (ii) may not [
1342 renovation of an interchange on a limited-access facility;
1343 (iii) may [
1344 multi-community fixed guideway public transportation project; and
1345 (iv) may not [
1346 construction, reconstruction, or renovation of a station that is part of a fixed guideway public
1347 transportation project.
1348 (c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive
1349 director before May 1, 2020, for projects prioritized by the commission under Section
1350 72-1-304.
1351 (6) (a) Except as provided in Subsection (6)(b), the executive director may not [
1352 program fund money to a project prioritized by the commission under Section 72-1-304,
1353 including fund money from the Transit Transportation Investment Fund, within the boundaries
1354 of the unincorporated area of a county, if the county is required to adopt a moderate income
1355 housing plan element as part of the county's general plan as described in Subsection
1356 17-27a-401(3) and if the county has failed to adopt a moderate income housing plan element as
1357 part of the county's general plan or has failed to implement the requirements of the moderate
1358 income housing plan as determined by the results of the Department of Workforce Service's
1359 review of the annual moderate income housing report described in Subsection
1360 35A-8-803(1)(a)(vii).
1361 (b) Within the boundaries of the unincorporated area of a county where the county is
1362 required under Subsection 17-27a-401(3) to plan for moderate income housing growth but has
1363 failed to adopt a moderate income housing plan element as part of the county's general plan or
1364 has failed to implement the requirements of the moderate income housing plan as determined
1365 by the results of the Department of Workforce Service's review of the annual moderate income
1366 housing report described in Subsection 35A-8-803(1)(a)(vii), the executive director:
1367 (i) may [
1368 limited-access facility to a project prioritized by the commission under Section 72-1-304;
1369 (ii) may not [
1370 renovation of an interchange on a limited-access facility;
1371 (iii) may [
1372 multi-community fixed guideway public transportation project; and
1373 (iv) may not [
1374 construction, reconstruction, or renovation of a station that is part of a fixed guideway public
1375 transportation project.
1376 (c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive
1377 director before July 1, 2020, for projects prioritized by the commission under Section
1378 72-1-304.
1379 (7) (a) Before bonds authorized by Section 63B-18-401 or 63B-27-101 may be issued
1380 in any fiscal year, the department and the commission shall appear before the Executive
1381 Appropriations Committee of the Legislature and present the amount of bond proceeds that the
1382 department needs to provide funding for the projects identified in Subsections 63B-18-401(2),
1383 (3), and (4) or Subsection 63B-27-101(2) for the current or next fiscal year.
1384 (b) The Executive Appropriations Committee of the Legislature shall review and
1385 comment on the amount of bond proceeds needed to fund the projects.
1386 (8) The Division of Finance shall, from money deposited into the fund, transfer the
1387 amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
1388 Section 63B-18-401 or 63B-27-101 in the current fiscal year to the appropriate debt service or
1389 sinking fund.
1390 (9) (a) There is created in the Transportation Investment Fund of 2005 the Transit
1391 Transportation Investment Fund.
1392 (b) The fund shall be funded by:
1393 (i) contributions deposited into the fund in accordance with Section 59-12-103;
1394 (ii) appropriations into the account by the Legislature;
1395 (iii) private contributions; and
1396 (iv) donations or grants from public or private entities.
1397 (c) (i) The fund shall earn interest.
1398 (ii) All interest earned on fund money shall be deposited into the fund.
1399 (d) Subject to Subsection (9)(e), the Legislature may appropriate money from the fund
1400 for public transit capital development of new capacity projects to be used as prioritized by the
1401 commission.
1402 (e) (i) The Legislature may only appropriate money from the fund for a public transit
1403 capital development project or pedestrian or nonmotorized transportation project that provides
1404 connection to the public transit system if the public transit district or political subdivision
1405 provides funds of equal to or greater than 40% of the costs needed for the project.
1406 (ii) A public transit district or political subdivision may use money derived from a loan
1407 granted pursuant to Title 72, Chapter 2, Part 2, State Infrastructure Bank Fund, to provide all or
1408 part of the 40% requirement described in Subsection (9)(e)(i) if:
1409 (A) the loan is approved by the commission as required in Title 72, Chapter 2, Part 2,
1410 State Infrastructure Bank Fund; and
1411 (B) the proposed capital project has been prioritized by the commission pursuant to
1412 Section 72-1-303.
1413 Section 19. Section 72-3-104 is amended to read:
1414 72-3-104. City streets -- Class C roads -- Construction and maintenance.
1415 (1) City streets comprise:
1416 (a) highways, roads, circulator alleys, and streets within the corporate limits of the
1417 municipalities that are not designated as class A state roads or as class B roads; and
1418 (b) those highways, roads, and streets located within a national forest and constructed
1419 or maintained by the municipality under agreement with the appropriate federal agency.
1420 (2) City streets are class C roads.
1421 (3) Except for city streets within counties of the first and second class as defined in
1422 Section 17-50-501, the state and city have joint undivided interest in the title to all
1423 rights-of-way for all city streets.
1424 (4) The municipal governing body exercises sole jurisdiction and control of the city
1425 streets within the municipality.
1426 (5) The department shall cooperate with the municipal legislative body in the
1427 construction and maintenance of the class C roads within each municipality.
1428 (6) The municipal legislative body shall expend or cause to be expended upon the class
1429 C roads the funds allocated to each municipality from the Transportation Fund under rules
1430 made by the department.
1431 (7) Any town or city in the third, fourth, or fifth class may:
1432 (a) contract with the county or the department for the construction and maintenance of
1433 class C roads within its corporate limits; or
1434 (b) transfer, with the consent of the county, its:
1435 (i) class C roads to the class B road system; and
1436 (ii) funds allocated from the Transportation Fund to the municipality to the county
1437 legislative body for use upon the transferred class C roads.
1438 (8) A municipal legislative body of any city of the third, fourth, or fifth class may use
1439 any portion of the class C road funds allocated to the municipality for the construction of
1440 sidewalks, curbs, and gutters on class A state roads within the municipal limits by cooperative
1441 agreement with the department.
1442 Section 20. Section 72-6-118 is amended to read:
1443 72-6-118. Definitions -- Establishment and operation of tollways -- Imposition
1444 and collection of tolls -- Amount of tolls -- Rulemaking.
1445 (1) As used in this section:
1446 (a) "High occupancy toll lane" means a high occupancy vehicle lane designated under
1447 Section 41-6a-702 that may be used by an operator of a vehicle carrying less than the number
1448 of persons specified for the high occupancy vehicle lane if the operator of the vehicle pays a
1449 toll or fee.
1450 (b) "Toll" means any tax, fee, or charge assessed for the specific use of a tollway.
1451 (c) "Toll lane" means a designated new highway or additional lane capacity that is
1452 constructed, operated, or maintained for which a toll is charged for its use.
1453 (d) (i) "Tollway" means a highway, highway lane, bridge, path, tunnel, or right-of-way
1454 designed and used as a transportation route that is constructed, operated, or maintained through
1455 the use of toll revenues.
1456 (ii) "Tollway" includes a high occupancy toll lane and a toll lane.
1457 (e) "Tollway development agreement" has the same meaning as defined in Section
1458 72-6-202.
1459 (2) Subject to the provisions of Subsection (3), the department may:
1460 (a) establish, expand, and operate tollways and related facilities for the purpose of
1461 funding in whole or in part the acquisition of right-of-way and the design, construction,
1462 reconstruction, operation, enforcement, and maintenance of or impacts from a transportation
1463 route for use by the public;
1464 (b) enter into contracts, agreements, licenses, franchises, tollway development
1465 agreements, or other arrangements to implement this section;
1466 (c) impose and collect tolls on any tollway established under this section, including
1467 collection of past due payment of a toll or penalty;
1468 (d) grant exclusive or nonexclusive rights to a private entity to impose and collect tolls
1469 pursuant to the terms and conditions of a tollway development agreement;
1470 (e) use technology to automatically monitor a tollway and collect payment of a toll,
1471 including:
1472 (i) license plate reading technology; and
1473 (ii) photographic or video recording technology; and
1474 (f) in accordance with Subsection (5), request that the Division of Motor Vehicles deny
1475 a request for registration of a motor vehicle if the motor vehicle owner has failed to pay a toll
1476 or penalty imposed for usage of a tollway involving the motor vehicle for which registration
1477 renewal has been requested.
1478 (3) (a) The department may establish or operate a tollway on an existing highway if
1479 approved by the commission in accordance with the terms of this section.
1480 (b) To establish a tollway on an existing highway, the department shall submit a
1481 proposal to the commission including:
1482 (i) a description of the tollway project;
1483 (ii) projected traffic on the tollway;
1484 (iii) the anticipated amount of the toll to be charged; and
1485 (iv) projected toll revenue.
1486 (4) (a) For a tollway established under this section, the department may:
1487 (i) according to the terms of each tollway, impose the toll upon the owner of a motor
1488 vehicle using the tollway according to the terms of the tollway;
1489 (ii) send correspondence to the owner of the motor vehicle to inform the owner of:
1490 (A) an unpaid toll and the amount of the toll to be paid to the department;
1491 (B) the penalty for failure to pay the toll timely; and
1492 (C) a hold being placed on the owner's registration for the motor vehicle if the toll and
1493 penalty are not paid timely, which would prevent the renewal of the motor vehicle's
1494 registration;
1495 (iii) require that the owner of the motor vehicle pay the toll to the department within 30
1496 days of the date when the department sends written notice of the toll to the owner; and
1497 (iv) impose a penalty for failure to pay a toll timely.
1498 (b) The department shall mail the correspondence and notice described in Subsection
1499 (4)(a) to the owner of the motor vehicle according to the terms of a tollway.
1500 (5) (a) The Division of Motor Vehicles and the department shall share and provide
1501 access to information pertaining to a motor vehicle and tollway enforcement including:
1502 (i) registration and ownership information pertaining to a motor vehicle;
1503 (ii) information regarding the failure of a motor vehicle owner to timely pay a toll or
1504 penalty imposed under this section; and
1505 (iii) the status of a request for a hold on the registration of a motor vehicle.
1506 (b) If the department requests a hold on the registration in accordance with this section,
1507 the Division of Motor Vehicles may not renew the registration of a motor vehicle under Title
1508 41, Chapter 1a, Part 2, Registration, if the owner of the motor vehicle has failed to pay a toll or
1509 penalty imposed under this section for usage of a tollway involving the motor vehicle for which
1510 registration renewal has been requested until the department withdraws the hold request.
1511 (6) (a) Except as provided in Subsection (6)(b), in accordance with Title 63G, Chapter
1512 3, Utah Administrative Rulemaking Act, the commission shall:
1513 (i) set the amount of any toll imposed or collected on a tollway on a state highway; and
1514 (ii) for tolls established under Subsection (6)(b), set:
1515 (A) an increase in a toll rate or user fee above an increase specified in a tollway
1516 development agreement; or
1517 (B) an increase in a toll rate or user fee above a maximum toll rate specified in a
1518 tollway development agreement.
1519 (b) A toll or user fee and an increase to a toll or user fee imposed or collected on a
1520 tollway on a state highway that is the subject of a tollway development agreement shall be set
1521 in the tollway development agreement.
1522 (7) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1523 the department shall make rules:
1524 (i) necessary to establish and operate tollways on state highways;
1525 (ii) that establish standards and specifications for automatic tolling systems and
1526 automatic tollway monitoring technology; and
1527 (iii) to set the amount of a penalty for failure to pay a toll under this section.
1528 (b) The rules shall:
1529 (i) include minimum criteria for having a tollway; and
1530 (ii) conform to regional and national standards for automatic tolling.
1531 (8) (a) The commission may provide funds for public or private tollway pilot projects
1532 or high occupancy toll lanes from General Fund money appropriated by the Legislature to the
1533 commission for that purpose.
1534 (b) The commission may determine priorities and funding levels for tollways
1535 designated under this section.
1536 (9) (a) Except as provided in Subsection (9)(b), all revenue generated from a tollway
1537 on a state highway shall be deposited into the Tollway Special Revenue Fund created in
1538 Section 72-2-120 and used for [
1539
1540
1541
1542 transportation purpose.
1543 (b) Revenue generated from a tollway that is the subject of a tollway development
1544 agreement shall be deposited into the Tollway Special Revenue Fund and used in accordance
1545 with Subsection (9)(a) unless:
1546 (i) the revenue is to a private entity through the tollway development agreement; or
1547 (ii) the revenue is identified for a different purpose under the tollway development
1548 agreement.
1549 (10) Data described in Subsection (2)(e) obtained for the purposes of this section:
1550 (a) in accordance with Section 63G-2-305, is a protected record under Title 63G,
1551 Chapter 2, Government Records Access and Management Act, if the photographic or video
1552 data is maintained by a governmental entity;
1553 (b) may not be used or shared for any purpose other than the purposes described in this
1554 section;
1555 (c) may only be preserved:
1556 (i) so long as necessary to collect the payment of a toll or penalty imposed in
1557 accordance with this section; or
1558 (ii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
1559 equivalent federal warrant; and
1560 (d) may only be disclosed:
1561 (i) in accordance with the disclosure requirements for a protected record under Section
1562 63G-2-202; or
1563 (ii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
1564 equivalent federal warrant.
1565 (11) (a) The department may not sell for any purpose photographic or video data
1566 captured under Subsection (2)(e)(ii).
1567 (b) The department may not share captured photographic or video data for a purpose
1568 not authorized under this section.
1569 (12) Before November 1, 2018, the Driver License Division, the Division of Motor
1570 Vehicles, and the department shall jointly study and report findings and recommendations to
1571 the Transportation Interim Committee regarding the use of Title 53, Chapter 3, Part 6, Drivers'
1572 License Compact, and other methods to collect a toll or penalty under this section from:
1573 (a) an owner of a motor vehicle registered outside this state; or
1574 (b) a driver or lessee of a motor vehicle leased or rented for 30 days or less.
1575 Section 21. Section 72-10-207 is amended to read:
1576 72-10-207. Powers of department and political subdivisions over airports --
1577 Security unit.
1578 (1) The department, and counties, municipalities, or other political subdivisions of this
1579 state that have established or may establish airports or that acquire, lease, or set apart real
1580 property for those purposes, may:
1581 (a) construct, equip, improve, maintain, and operate the airports or may vest the
1582 authority for their construction, equipment, improvement, maintenance, and operation in an
1583 officer of the department or in an officer, board, or body of the political subdivision;
1584 (b) adopt rules, establish charges, fees, and tolls for the use of airports and landing
1585 fields, fix penalties for the violation of the rules, and establish liens to enforce payment of the
1586 charges, fees, and tolls, subject to approval by the commission;
1587 (c) lease the airports to private parties for operation for a term not exceeding 50 years,
1588 as long as the public is not deprived of its rightful, equal, and uniform use of the facility;
1589 (d) lease or assign space, area, improvements, equipment, buildings, and facilities on
1590 the airports to private parties for operation for a term not exceeding 50 years;
1591 (e) lease or assign real property comprising all or any part of the airports to private
1592 parties for the construction and operation of hangars, shop buildings, or office buildings for a
1593 term not exceeding 50 years, if the projected construction cost of the hangar, shop building, or
1594 office building is $100,000 or more; and
1595 (f) establish, maintain, operate, and staff a security unit for the purpose of enforcing
1596 state and local laws at any airport that is subject to federal airport security regulations.
1597 (2) The department or political subdivision shall pay the construction, equipment,
1598 improvement, maintenance, and operations expenses of any airport established by them under
1599 Subsection (1).
1600 (3) (a) If the department or political subdivision establishes a security unit under
1601 Subsection (1)(f), the department head or the governing body of the political subdivision shall
1602 appoint persons qualified as peace officers under Title 53, Chapter 13, Peace Officer
1603 Classifications to staff the security unit.
1604 (b) A security unit appointed by the department or political subdivision is exempt from
1605 civil service regulations.
1606 (c) If the department or political subdivision establishes a security unit under
1607 Subsection (1)(f), the department head or the governing body of the political subdivision:
1608 (i) may allow peace officers or other workers to assist with airport operations and
1609 vehicle and traffic flow; and
1610 (ii) may not allow peace officers or other workers to:
1611 (A) unreasonably impede or obstruct traffic;
1612 (B) create unsafe traffic situations; or
1613 (C) intimidate vehicle drivers or airport passengers.
1614 Section 22. Effective date.
1615 This bill takes effect on May 12, 2020, with the exceptions of:
1616 (1) Section 41-1a-902, which takes effect on October 1, 2020;
1617 (2) Section 41-1a-1206, which takes effect on January 1, 2021; and
1618 (3) Section 72-2-108, which takes effect on July 1, 2021.