2
3
4
5
6
7 Cosponsors:
8 Nelson T. Abbott
9 Cheryl K. Acton
10 Carl R. Albrecht
11 Melissa G. Ballard
12 Stewart E. Barlow
13 Gay Lynn Bennion
14 Kera Birkeland
15 Brady Brammer
16 Joel K. Briscoe
17 Walt Brooks
18 Jefferson S. Burton
19 Scott H. Chew
20 Clare Collard
21 Jennifer Dailey-Provost
22 James A. Dunnigan
23 Steve Eliason
24 Joel Ferry
25 Matthew H. Gwynn
26 Stephen G. Handy
27 Suzanne Harrison
28 Timothy D. Hawkes
Jon Hawkins
Sandra Hollins
Ken Ivory
Dan N. Johnson
Marsha Judkins
Brian S. King
Michael L. Kohler
Karen Kwan
Bradley G. Last
Rosemary T. Lesser
Karianne Lisonbee
Steven J. Lund
Phil Lyman
A. Cory Maloy
Ashlee Matthews
Kelly B. Miles
Carol Spackman Moss
Jefferson Moss
Calvin R. Musselman
Merrill F. Nelson
Doug Owens
Michael J. Petersen
Karen M. Peterson
Val L. Peterson
Candice B. Pierucci
Stephanie Pitcher
Susan Pulsipher
Adam Robertson
Judy Weeks Rohner
Angela Romero
Douglas V. Sagers
Mike Schultz
Travis M. Seegmiller
Rex P. Shipp
Casey Snider
V. Lowry Snow
Robert M. Spendlove
Jeffrey D. Stenquist
Andrew Stoddard
Keven J. Stratton
Mark A. Strong
Jordan D. Teuscher
Norman K. Thurston
Steve Waldrip
29 Raymond P. Ward
30 Christine F. Watkins
31 Elizabeth Weight
32 Douglas R. Welton
33 Mark A. Wheatley
34 Stephen L. Whyte
35 Ryan D. Wilcox
36 Brad R. Wilson
37 Mike Winder
38
39 LONG TITLE
40 General Description:
41 This bill requires the Department of Transportation to manage and oversee all fixed
42 guideway capital development projects that include state funding.
43 Highlighted Provisions:
44 This bill:
45 ▸ defines terms;
46 ▸ requires a large public transit district to coordinate with the Department of
47 Transportation regarding certain public transit facilities associated with a transit
48 oriented development;
49 ▸ requires the Department of Transportation to manage and oversee fixed guideway
50 capital development projects for which state money is expended;
51 ▸ requires the Department of Transportation to report to the Transportation Interim
52 Committee regarding a plan to assume responsibility for public transit capital
53 development;
54 ▸ amends the allowed uses of funds in the Transit Transportation Investment Fund;
55 ▸ requires an agreement between a large public transit district and the Department of
56 Transportation pertaining to repayment of certain funds; and
57 ▸ makes technical changes.
58 Money Appropriated in this Bill:
59 None
60 Other Special Clauses:
61 None
62 Utah Code Sections Affected:
63 AMENDS:
64 17B-2a-802, as last amended by Laws of Utah 2020, Chapter 377
65 17B-2a-804, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
66 17B-2a-806, as last amended by Laws of Utah 2017, Chapter 121
67 17B-2a-808.2, as last amended by Laws of Utah 2019, Chapter 479
68 72-1-102, as last amended by Laws of Utah 2021, Chapter 411
69 72-1-202, as last amended by Laws of Utah 2021, Chapter 344
70 72-1-208, as last amended by Laws of Utah 2018, Chapter 424
71 72-2-124, as last amended by Laws of Utah 2021, Chapters 239, 387, and 411
72
73 Be it enacted by the Legislature of the state of Utah:
74 Section 1. Section 17B-2a-802 is amended to read:
75 17B-2a-802. Definitions.
76 As used in this part:
77 (1) "Affordable housing" means housing occupied or reserved for occupancy by
78 households that meet certain gross household income requirements based on the area median
79 income for households of the same size.
80 (a) "Affordable housing" may include housing occupied or reserved for occupancy by
81 households that meet specific area median income targets or ranges of area median income
82 targets.
83 (b) "Affordable housing" does not include housing occupied or reserved for occupancy
84 by households with gross household incomes that are more than 60% of the area median
85 income for households of the same size.
86 (2) "Appointing entity" means the person, county, unincorporated area of a county, or
87 municipality appointing a member to a public transit district board of trustees.
88 (3) (a) "Chief executive officer" means a person appointed by the board of trustees of a
89 small public transit district to serve as chief executive officer.
90 (b) "Chief executive officer" shall enjoy all the rights, duties, and responsibilities
91 defined in Sections 17B-2a-810 and 17B-2a-811 and includes all rights, duties, and
92 responsibilities assigned to the general manager but prescribed by the board of trustees to be
93 fulfilled by the chief executive officer.
94 (4) "Council of governments" means a decision-making body in each county composed
95 of membership including the county governing body and the mayors of each municipality in the
96 county.
97 (5) "Department" means the Department of Transportation created in Section 72-1-201.
98 (6) "Executive director" means a person appointed by the board of trustees of a large
99 public transit district to serve as executive director.
100 (7) "Fixed guideway" means the same as that term is defined in Section 59-12-102.
101 (8) "Fixed guideway capital development" means the same as that term is defined in
102 Section 72-1-102.
103 [
104 small public transit district to serve as general manager.
105 (b) "General manager" shall enjoy all the rights, duties, and responsibilities defined in
106 Sections 17B-2a-810 and 17B-2a-811 prescribed by the board of trustees of a small public
107 transit district.
108 [
109 public transit to an area that includes:
110 (a) more than 65% of the population of the state based on the most recent official
111 census or census estimate of the United States Census Bureau; and
112 (b) two or more counties.
113 [
114 position with a county or municipality.
115 (b) "Locally elected public official" does not include a person who holds an elected
116 position if the elected position is not with a county or municipality.
117 [
118 defined in Section 72-1-208.5.
119 [
120 one county.
121 [
122 transportation of passengers for hire.
123 [
124 transportation services that are open to the general public or open to a segment of the general
125 public defined by age, disability, or low income.
126 (b) "Public transit" does not include transportation services provided by:
127 (i) chartered bus;
128 (ii) sightseeing bus;
129 (iii) taxi;
130 (iv) school bus service;
131 (v) courtesy shuttle service for patrons of one or more specific establishments; or
132 (vi) intra-terminal or intra-facility shuttle services.
133 [
134 services.
135 [
136 large public transit district.
137 [
138 county that establishes and preserves a vision for areas within one-half mile of a fixed
139 guideway station of a large public transit district, the development of which includes:
140 (a) involvement of all relevant stakeholders who have an interest in the station area,
141 including relevant metropolitan planning organizations and the Department of Transportation;
142 (b) identification of major infrastructural and policy constraints and a course of action
143 to address those constraints; and
144 (c) other criteria as determined by the board of trustees of the relevant public transit
145 district.
146 [
147 loading or unloading zone, parking lot, or other facility:
148 (a) leased by or operated by or on behalf of a public transit district; and
149 (b) related to the public transit services provided by the district, including:
150 (i) railway or other right-of-way;
151 (ii) railway line; and
152 (iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
153 a transit vehicle.
154 [
155 vehicle operated as public transportation by a public transit district.
156 [
157 commercial area that is designed to maximize access to public transit and includes the
158 development of land owned by a large public transit district.
159 [
160 commercial area that is designed to maximize access to public transit and does not include the
161 development of land owned by a large public transit district.
162 Section 2. Section 17B-2a-804 is amended to read:
163 17B-2a-804. Additional public transit district powers.
164 (1) In addition to the powers conferred on a public transit district under Section
165 17B-1-103, a public transit district may:
166 (a) provide a public transit system for the transportation of passengers and their
167 incidental baggage;
168 (b) notwithstanding Subsection 17B-1-103(2)(g) and subject to Section 17B-2a-817,
169 levy and collect property taxes only for the purpose of paying:
170 (i) principal and interest of bonded indebtedness of the public transit district; or
171 (ii) a final judgment against the public transit district if:
172 (A) the amount of the judgment exceeds the amount of any collectable insurance or
173 indemnity policy; and
174 (B) the district is required by a final court order to levy a tax to pay the judgment;
175 (c) insure against:
176 (i) loss of revenues from damage to or destruction of some or all of a public transit
177 system from any cause;
178 (ii) public liability;
179 (iii) property damage; or
180 (iv) any other type of event, act, or omission;
181 (d) subject to Section 72-1-202 pertaining to fixed guideway capital development
182 within a large public transit district, acquire, contract for, lease, construct, own, operate,
183 control, or use:
184 (i) a right-of-way, rail line, monorail, bus line, station, platform, switchyard, terminal,
185 parking lot, or any other facility necessary or convenient for public transit service; or
186 (ii) any structure necessary for access by persons and vehicles;
187 (e) (i) hire, lease, or contract for the supplying or management of a facility, operation,
188 equipment, service, employee, or management staff of an operator; and
189 (ii) provide for a sublease or subcontract by the operator upon terms that are in the
190 public interest;
191 (f) operate feeder bus lines and other feeder or ridesharing services as necessary;
192 (g) accept a grant, contribution, or loan, directly through the sale of securities or
193 equipment trust certificates or otherwise, from the United States, or from a department,
194 instrumentality, or agency of the United States;
195 (h) study and plan transit facilities in accordance with any legislation passed by
196 Congress;
197 (i) cooperate with and enter into an agreement with the state or an agency of the state
198 or otherwise contract to finance to establish transit facilities and equipment or to study or plan
199 transit facilities;
200 (j) subject to Subsection 17B-2a-808.1(5), issue bonds as provided in and subject to
201 Chapter 1, Part 11, Local District Bonds, to carry out the purposes of the district;
202 (k) from bond proceeds or any other available funds, reimburse the state or an agency
203 of the state for an advance or contribution from the state or state agency;
204 (l) do anything necessary to avail itself of any aid, assistance, or cooperation available
205 under federal law, including complying with labor standards and making arrangements for
206 employees required by the United States or a department, instrumentality, or agency of the
207 United States;
208 (m) sell or lease property;
209 (n) except as provided in Subsection (2)(b), assist in or operate transit-oriented or
210 transit-supportive developments;
211 (o) subject to Subsections (2) and (3), establish, finance, participate as a limited partner
212 or member in a development with limited liabilities in accordance with Subsection (1)(p),
213 construct, improve, maintain, or operate transit facilities, equipment, and , in accordance with
214 Subsection (3), transit-oriented developments or transit-supportive developments; and
215 (p) subject to the restrictions and requirements in Subsections (2) and (3), assist in a
216 transit-oriented development or a transit-supportive development in connection with project
217 area development as defined in Section 17C-1-102 by:
218 (i) investing in a project as a limited partner or a member, with limited liabilities; or
219 (ii) subordinating an ownership interest in real property owned by the public transit
220 district.
221 (2) (a) A public transit district may only assist in the development of areas under
222 Subsection (1)(p) that have been approved by the board of trustees, and in the manners
223 described in Subsection (1)(p).
224 (b) A public transit district may not invest in a transit-oriented development or
225 transit-supportive development as a limited partner or other limited liability entity under the
226 provisions of Subsection (1)(p)(i), unless the partners, developer, or other investor in the entity,
227 makes an equity contribution equal to no less than 25% of the appraised value of the property
228 to be contributed by the public transit district.
229 (c) (i) For transit-oriented development projects, a public transit district shall adopt
230 transit-oriented development policies and guidelines that include provisions on affordable
231 housing.
232 (ii) For transit-supportive development projects, a public transit district shall work with
233 the metropolitan planning organization and city and county governments where the project is
234 located to collaboratively seek to create joint plans for the areas within one-half mile of transit
235 stations, including plans for affordable housing.
236 (d) A current board member of a public transit district to which the board member is
237 appointed may not have any interest in the transactions engaged in by the public transit district
238 pursuant to Subsection (1)(p)(i) or (ii), except as may be required by the board member's
239 fiduciary duty as a board member.
240 (3) For any transit-oriented development or transit-supportive development authorized
241 in this section, the public transit district shall:
242 (a) perform a cost-benefit analysis of the monetary investment and expenditures of the
243 development, including effect on:
244 (i) service and ridership;
245 (ii) regional plans made by the metropolitan planning agency;
246 (iii) the local economy;
247 (iv) the environment and air quality;
248 (v) affordable housing; and
249 (vi) integration with other modes of transportation; [
250 (b) provide evidence to the public of a quantifiable positive return on investment,
251 including improvements to public transit service[
252 (c) coordinate with the Department of Transportation in accordance with Section
253 72-1-202 pertaining to fixed guideway capital development and associated parking facilities
254 within a station area plan for a transit oriented development within a large public transit
255 district.
256 (4) For any fixed guideway capital development project with oversight by the
257 Department of Transportation as described in Section 72-1-202, a large public transit district
258 shall coordinate with the Department of Transportation in all aspects of the project, including
259 planning, project development, outreach, programming, environmental studies and impact
260 statements, impacts on public transit operations, and construction.
261 [
262 if:
263 (a) the relevant municipality or county has not developed and adopted a station area
264 plan; and
265 (b) (i) for a transit-oriented development involving a municipality, the municipality is
266 not in compliance with Sections 10-9a-403 and 10-9a-408 regarding the inclusion of moderate
267 income housing in the general plan and the required reporting requirements; or
268 (ii) for a transit-oriented development involving property in an unincorporated area of a
269 county, the county is not in compliance with Sections 17-27a-403 and 17-27a-408 regarding
270 inclusion of moderate income housing in the general plan and required reporting requirements.
271 [
272 local, or private funds.
273 [
274 Section 3. Section 17B-2a-806 is amended to read:
275 17B-2a-806. Authority of the state or an agency of the state with respect to a
276 public transit district -- Counties and municipalities authorized to provide funds to
277 public transit district -- Equitable allocation of resources within the public transit
278 district.
279 (1) The state or an agency of the state may:
280 (a) make public contributions to a public transit district as in the judgment of the
281 Legislature or governing board of the agency are necessary or proper; or
282 (b) authorize a public transit district to perform, or aid and assist a public transit district
283 in performing, an activity that the state or agency is authorized by law to perform.
284 (2) (a) A county or municipality involved in the establishment and operation of a
285 public transit district may provide funds necessary for the operation and maintenance of the
286 district.
287 (b) A county's use of property tax funds to establish and operate a public transit district
288 within any part of the county is a county purpose under Section 17-53-220.
289 (3) (a) To allocate resources and funds for development and operation of a public
290 transit district, whether received under this section or from other sources, and subject to
291 Section 72-1-202 pertaining to fixed guideway capital development within a large public transit
292 district, a public transit district may:
293 (i) give priority to public transit services that feed rail fixed guideway services; and
294 (ii) allocate funds according to population distribution within the public transit district.
295 (b) The comptroller of a public transit district shall report the criteria and data
296 supporting the allocation of resources and funds in the statement required in Section
297 17B-2a-812.
298 Section 4. Section 17B-2a-808.2 is amended to read:
299 17B-2a-808.2. Large public transit district local advisory council -- Powers and
300 duties.
301 (1) A large public transit district shall create and consult with a local advisory council.
302 (2) (a) (i) For a large public transit district in existence as of January 1, 2019, the local
303 advisory council shall have membership selected as described in Subsection (2)(b).
304 (ii) (A) For a large public transit district created after January 1, 2019, the political
305 subdivision or subdivisions forming the large public transit district shall submit to the
306 Legislature for approval a proposal for the appointments to the local advisory council of the
307 large public transit district similar to the appointment process described in Subsection (2)(b).
308 (B) Upon approval of the Legislature, each nominating individual or body shall appoint
309 individuals to the local advisory council.
310 (b) (i) The council of governments of Salt Lake County shall appoint three members to
311 the local advisory council.
312 (ii) The mayor of Salt Lake City shall appoint one member to the local advisory
313 council.
314 (iii) The council of governments of Utah County shall appoint two members to the
315 local advisory council.
316 (iv) The council of governments of Davis County and Weber County shall each appoint
317 one member to the local advisory council.
318 (v) The councils of governments of Box Elder County and Tooele County shall jointly
319 appoint one member to the local advisory council.
320 (3) The local advisory council shall meet at least quarterly in a meeting open to the
321 public for comment to discuss the service, operations, and any concerns with the public transit
322 district operations and functionality.
323 (4) The duties of the local advisory council shall include:
324 (a) setting the compensation packages of the board of trustees, which salary may not
325 exceed $150,000, plus additional retirement and other standard benefits;
326 (b) reviewing, approving, and recommending final adoption by the board of trustees of
327 the large public transit district service plans at least every two and one-half years;
328 (c) except for a fixed guideway capital development project under the authority of the
329 Department of Transportation as described in Section 72-1-202, reviewing, approving, and
330 recommending final adoption by the board of trustees of project development plans, including
331 funding, of all new capital development projects;
332 (d) reviewing, approving, and recommending final adoption by the board of trustees of
333 any plan for a transit-oriented development where a large public transit district is involved;
334 (e) at least annually, engaging with the safety and security team of the large public
335 transit district to ensure coordination with local municipalities and counties;
336 (f) assisting with coordinated mobility and constituent services provided by the public
337 transit district;
338 (g) representing and advocating the concerns of citizens within the public transit
339 district to the board of trustees; and
340 (h) other duties described in Section 17B-2a-808.1.
341 (5) The local advisory council shall meet at least quarterly with and consult with the
342 board of trustees and advise regarding the operation and management of the public transit
343 district.
344 Section 5. Section 72-1-102 is amended to read:
345 72-1-102. Definitions.
346 As used in this title:
347 (1) "Circulator alley" means a publicly owned passageway:
348 (a) with a right-of-way width of 20 feet or greater;
349 (b) located within a master planned community;
350 (c) established by the city having jurisdictional authority as part of the street network
351 for traffic circulation that may also be used for:
352 (i) garbage collection;
353 (ii) access to residential garages; or
354 (iii) access rear entrances to a commercial establishment; and
355 (d) constructed with a bituminous or concrete pavement surface.
356 (2) "Commission" means the Transportation Commission created under Section
357 72-1-301.
358 (3) "Construction" means the construction, reconstruction, replacement, and
359 improvement of the highways, including the acquisition of rights-of-way and material sites.
360 (4) "Department" means the Department of Transportation created in Section 72-1-201.
361 (5) "Executive director" means the executive director of the department appointed
362 under Section 72-1-202.
363 (6) "Farm tractor" has the meaning set forth in Section 41-1a-102.
364 (7) "Federal aid primary highway" means that portion of connected main highways
365 located within this state officially designated by the department and approved by the United
366 States Secretary of Transportation under Title 23, Highways, U.S.C.
367 (8) "Fixed guideway" means the same as that term is defined in Section 59-12-102.
368 (9) (a) "Fixed guideway capital development" means a project to construct or
369 reconstruct a public transit fixed guideway facility that will add capacity to a fixed guideway
370 public transit facility.
371 (b) "Fixed guideway capital development" includes:
372 (i) a project to strategically double track commuter rail lines; and
373 (ii) a project to develop and construct public transit facilities and related infrastructure
374 pertaining to the Point of the Mountain State Land Authority created in Section 11-59-201.
375 [
376 tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned
377 to the public, or made public in an action for the partition of real property, including the entire
378 area within the right-of-way.
379 [
380 governing body of a county or municipality.
381 [
382 defined in Section 63N-3-602.
383 [
384 [
385 department and included as part of the national interstate and defense highways, as provided in
386 the Federal Aid Highway Act of 1956 and any supplemental acts or amendments.
387 (15) "Large public transit district" means the same as that term is defined in Section
388 17B-2a-802.
389 [
390 through traffic, and over, from, or to which neither owners nor occupants of abutting lands nor
391 other persons have any right or easement, or have only a limited right or easement of access,
392 light, air, or view.
393 [
394 (a) designated by the city as a master planned community; and
395 (b) comprised of a single development agreement for a development larger than 500
396 acres.
397 [
398 [
399 [
400 main highways located within this state officially designated by the department and approved
401 by the United States Secretary of Transportation under Title 23, Highways, U.S.C.
402 [
403 operated, and maintained by the department where drivers, vehicles, and vehicle loads are
404 checked or inspected for compliance with state and federal laws as specified in Section
405 72-9-501.
406 (b) "Port-of-entry" includes inspection and checking stations and weigh stations.
407 [
408 the duties specified in Section 72-9-501.
409 [
410 17B-2a-802.
411 [
412 station, depot, passenger loading or unloading zone, parking lot, or other facility:
413 (a) leased by or operated by or on behalf of a public transit district; and
414 (b) related to the public transit services provided by the district, including:
415 (i) railway or other right-of-way;
416 (ii) railway line; and
417 (iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
418 a transit vehicle.
419 [
420 in a strip, acquired for or devoted to a highway.
421 [
422 submitted bids or proposals in addition to bids or proposals manually sealed and submitted.
423 [
424 [
425 defined in this section.
426 [
427 Title 72, Chapter 4, Designation of State Highways Act.
428 [
429 72-5-102.
430 [
431 pathways, and thoroughfares of any kind, including connected structures, airports, aerial
432 corridor infrastructure, spaceports, public transit facilities, and all other modes and forms of
433 conveyance used by the public.
434 [
435 [
436 zone created pursuant to Section 11-13-227.
437 [
438 [
439 [
440 Section 6. Section 72-1-202 is amended to read:
441 72-1-202. Executive director of department -- Appointment -- Qualifications --
442 Term -- Responsibility -- Power to bring suits -- Salary.
443 (1) (a) The governor, with the advice and consent of the Senate, shall appoint an
444 executive director to be the chief executive officer of the department.
445 (b) The executive director shall be a registered professional engineer and qualified
446 executive with technical and administrative experience and training appropriate for the
447 position.
448 (c) The executive director shall remain in office until a successor is appointed.
449 (d) The executive director may be removed by the governor.
450 (2) In addition to the other functions, powers, duties, rights, and responsibilities
451 prescribed in this chapter, the executive director shall:
452 (a) have responsibility for the administrative supervision of the state transportation
453 systems and the various operations of the department;
454 (b) have the responsibility for the implementation of rules, priorities, and policies
455 established by the department and the commission;
456 (c) have the responsibility for the oversight and supervision of:
457 (i) any transportation project for which state funds are expended; and
458 (ii) any fixed guideway capital development project within the boundaries of a large
459 public transit district for which any state funds are expended;
460 (d) have full power to bring suit in courts of competent jurisdiction in the name of the
461 department as the executive director considers reasonable and necessary for the proper
462 attainment of the goals of this chapter;
463 (e) receive a salary, to be established by the governor within the salary range fixed by
464 the Legislature in Title 67, Chapter 22, State Officer Compensation, together with actual
465 traveling expenses while away from the executive director's office on official business;
466 (f) purchase all equipment, services, and supplies necessary to achieve the department's
467 functions, powers, duties, rights, and responsibilities delegated under Section 72-1-201;
468 (g) have the responsibility to determine whether a purchase from, contribution to, or
469 other participation with a public entity or association of public entities in a pooled fund
470 program to acquire, develop, or share information, data, reports, or other services related to the
471 department's mission are procurement items under Title 63G, Chapter 6a, Utah Procurement
472 Code;
473 (h) have responsibility for administrative supervision of the Comptroller Division, the
474 Internal Audit Division, and the Communications Division; and
475 (i) appoint assistants, to serve at the discretion of the executive director, to administer
476 the divisions of the department.
477 (3) The executive director may employ other assistants and advisers as the executive
478 director finds necessary and fix salaries in accordance with the salary standards adopted by the
479 Division of Human Resource Management.
480 (4) (a) For a fixed guideway capital development project within the boundaries of a
481 large public transit district for which state funds are expended, responsibilities of the executive
482 director include:
483 (i) project development for a fixed guideway capital development project in a large
484 public transit district;
485 (ii) oversight and coordination of planning, including:
486 (A) development of statewide strategic initiatives for planning across all modes of
487 transportation;
488 (B) coordination with metropolitan planning organizations;
489 (C) coordination with a large public transit district, including planning, project
490 development, outreach, programming, environmental studies and impact statements,
491 construction, and impacts on public transit operations; and
492 (D) corridor and area planning;
493 (iii) programming and prioritization of fixed guideway capital development projects;
494 (iv) fulfilling requirements for environmental studies and impact statements; and
495 (v) resource investment, including identification, development, and oversight of
496 public-private partnership opportunities.
497 (5) (a) Before October 31, 2022, the department shall submit to the Transportation
498 Interim Committee a written plan for the department to assume management of all fixed
499 guideway capital development projects within a large public transit district for which state
500 funds are expended.
501 (b) The department shall consult with a large public transit district and relevant
502 metropolitan planning organizations in developing the plan described in Subsection (5)(a).
503 (c) The Transportation Interim Committee shall consider the plan submitted by the
504 department as described in Subsection (5)(a) and make recommendations to the Legislature
505 before December 1, 2022.
506 Section 7. Section 72-1-208 is amended to read:
507 72-1-208. Cooperation with counties, cities, towns, the federal government, and
508 all state departments -- Inspection of work done by a public transit district.
509 (1) The department shall cooperate with the counties, cities, towns, and community
510 reinvestment agencies in the construction, maintenance, and use of the highways and in all
511 related matters, and may provide services to the counties, cities, towns, and community
512 reinvestment agencies on terms mutually agreed upon.
513 (2) The department, with the approval of the governor, shall cooperate with the federal
514 government in all federal-aid projects and with all state departments in all matters in
515 connection with the use of the highways.
516 (3) The department:
517 (a) shall inspect all work done by a public transit district under Title 17B, Chapter 2a,
518 Part 8, Public Transit District Act, relating to safety appliances and procedures; and
519 (b) may make further additions or changes necessary for the purpose of safety to
520 employees and the general public.
521 [
522
523 [
524
525
526 Section 8. Section 72-2-124 is amended to read:
527 72-2-124. Transportation Investment Fund of 2005.
528 (1) There is created a capital projects fund entitled the Transportation Investment Fund
529 of 2005.
530 (2) The fund consists of money generated from the following sources:
531 (a) any voluntary contributions received for the maintenance, construction,
532 reconstruction, or renovation of state and federal highways;
533 (b) appropriations made to the fund by the Legislature;
534 (c) registration fees designated under Section 41-1a-1201;
535 (d) the sales and use tax revenues deposited into the fund in accordance with Section
536 59-12-103; and
537 (e) revenues transferred to the fund in accordance with Section 72-2-106.
538 (3) (a) The fund shall earn interest.
539 (b) All interest earned on fund money shall be deposited into the fund.
540 (4) (a) Except as provided in Subsection (4)(b), the executive director may only use
541 fund money to pay:
542 (i) the costs of maintenance, construction, reconstruction, or renovation to state and
543 federal highways prioritized by the Transportation Commission through the prioritization
544 process for new transportation capacity projects adopted under Section 72-1-304;
545 (ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
546 projects described in Subsections 63B-18-401(2), (3), and (4);
547 (iii) principal, interest, and issuance costs of bonds authorized by Section 63B-18-401
548 minus the costs paid from the County of the First Class Highway Projects Fund in accordance
549 with Subsection 72-2-121(4)(e);
550 (iv) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010 Salt
551 Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the amount certified
552 by Salt Lake County in accordance with Subsection 72-2-121.3(4)(c) as necessary to pay the
553 debt service on $30,000,000 of the revenue bonds issued by Salt Lake County;
554 (v) principal, interest, and issuance costs of bonds authorized by Section 63B-16-101
555 for projects prioritized in accordance with Section 72-2-125;
556 (vi) all highway general obligation bonds that are intended to be paid from revenues in
557 the Centennial Highway Fund created by Section 72-2-118;
558 (vii) for fiscal year 2015-16 only, to transfer $25,000,000 to the County of the First
559 Class Highway Projects Fund created in Section 72-2-121 to be used for the purposes described
560 in Section 72-2-121;
561 (viii) if a political subdivision provides a contribution equal to or greater than 40% of
562 the costs needed for construction, reconstruction, or renovation of paved pedestrian or paved
563 nonmotorized transportation for projects that:
564 (A) mitigate traffic congestion on the state highway system;
565 (B) are part of an active transportation plan approved by the department; and
566 (C) are prioritized by the commission through the prioritization process for new
567 transportation capacity projects adopted under Section 72-1-304;
568 (ix) $705,000,000 for the costs of right-of-way acquisition, construction,
569 reconstruction, or renovation of or improvement to the following projects:
570 (A) the connector road between Main Street and 1600 North in the city of Vineyard;
571 (B) Geneva Road from University Parkway to 1800 South;
572 (C) the SR-97 interchange at 5600 South on I-15;
573 (D) two lanes on U-111 from Herriman Parkway to 11800 South;
574 (E) widening I-15 between mileposts 10 and 13 and the interchange at milepost 11;
575 (F) improvements to 1600 North in Orem from 1200 West to State Street;
576 (G) widening I-15 between mileposts 6 and 8;
577 (H) widening 1600 South from Main Street in the city of Spanish Fork to SR-51;
578 (I) widening US 6 from Sheep Creek to Mill Fork between mileposts 195 and 197 in
579 Spanish Fork Canyon;
580 (J) I-15 northbound between mileposts 43 and 56;
581 (K) a passing lane on SR-132 between mileposts 41.1 and 43.7 between mileposts 43
582 and 45.1;
583 (L) east Zion SR-9 improvements;
584 (M) Toquerville Parkway;
585 (N) an environmental study on Foothill Boulevard in the city of Saratoga Springs;
586 (O) for construction of an interchange on Bangerter Highway at 13400 South; and
587 (P) an environmental impact study for Kimball Junction in Summit County; and
588 (x) $28,000,000 as pass-through funds, to be distributed as necessary to pay project
589 costs based upon a statement of cash flow that the local jurisdiction where the project is located
590 provides to the department demonstrating the need for money for the project, for the following
591 projects in the following amounts:
592 (A) $5,000,000 for Payson Main Street repair and replacement;
593 (B) $8,000,000 for a Bluffdale 14600 South railroad bypass;
594 (C) $5,000,000 for improvements to 4700 South in Taylorsville; and
595 (D) $10,000,000 for improvements to the west side frontage roads adjacent to U.S. 40
596 between mile markers 7 and 10.
597 (b) The executive director may use fund money to exchange for an equal or greater
598 amount of federal transportation funds to be used as provided in Subsection (4)(a).
599 (5) (a) Except as provided in Subsection (5)(b), the executive director may not program
600 fund money to a project prioritized by the commission under Section 72-1-304, including fund
601 money from the Transit Transportation Investment Fund, within the boundaries of a
602 municipality that is required to adopt a moderate income housing plan element as part of the
603 municipality's general plan as described in Subsection 10-9a-401(3), if the municipality has
604 failed to adopt a moderate income housing plan element as part of the municipality's general
605 plan or has failed to implement the requirements of the moderate income housing plan as
606 determined by the results of the Department of Workforce Service's review of the annual
607 moderate income housing report described in Subsection 35A-8-803(1)(a)(vii).
608 (b) Within the boundaries of a municipality that is required under Subsection
609 10-9a-401(3) to plan for moderate income housing growth but has failed to adopt a moderate
610 income housing plan element as part of the municipality's general plan or has failed to
611 implement the requirements of the moderate income housing plan as determined by the results
612 of the Department of Workforce Service's review of the annual moderate income housing
613 report described in Subsection 35A-8-803(1)(a)(vii), the executive director:
614 (i) may program fund money in accordance with Subsection (4)(a) for a limited-access
615 facility or interchange connecting limited-access facilities;
616 (ii) may not program fund money for the construction, reconstruction, or renovation of
617 an interchange on a limited-access facility;
618 (iii) may program Transit Transportation Investment Fund money for a
619 multi-community fixed guideway public transportation project; and
620 (iv) may not program Transit Transportation Investment Fund money for the
621 construction, reconstruction, or renovation of a station that is part of a fixed guideway public
622 transportation project.
623 (c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive
624 director before May 1, 2020, for projects prioritized by the commission under Section
625 72-1-304.
626 (6) (a) Except as provided in Subsection (6)(b), the executive director may not program
627 fund money to a project prioritized by the commission under Section 72-1-304, including fund
628 money from the Transit Transportation Investment Fund, within the boundaries of the
629 unincorporated area of a county, if the county is required to adopt a moderate income housing
630 plan element as part of the county's general plan as described in Subsection 17-27a-401(3) and
631 if the county has failed to adopt a moderate income housing plan element as part of the county's
632 general plan or has failed to implement the requirements of the moderate income housing plan
633 as determined by the results of the Department of Workforce Service's review of the annual
634 moderate income housing report described in Subsection 35A-8-803(1)(a)(vii).
635 (b) Within the boundaries of the unincorporated area of a county where the county is
636 required under Subsection 17-27a-401(3) to plan for moderate income housing growth but has
637 failed to adopt a moderate income housing plan element as part of the county's general plan or
638 has failed to implement the requirements of the moderate income housing plan as determined
639 by the results of the Department of Workforce Service's review of the annual moderate income
640 housing report described in Subsection 35A-8-803(1)(a)(vii), the executive director:
641 (i) may program fund money in accordance with Subsection (4)(a) for a limited-access
642 facility to a project prioritized by the commission under Section 72-1-304;
643 (ii) may not program fund money for the construction, reconstruction, or renovation of
644 an interchange on a limited-access facility;
645 (iii) may program Transit Transportation Investment Fund money for a
646 multi-community fixed guideway public transportation project; and
647 (iv) may not program Transit Transportation Investment Fund money for the
648 construction, reconstruction, or renovation of a station that is part of a fixed guideway public
649 transportation project.
650 (c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive
651 director before July 1, 2020, for projects prioritized by the commission under Section
652 72-1-304.
653 (7) (a) Before bonds authorized by Section 63B-18-401 or 63B-27-101 may be issued
654 in any fiscal year, the department and the commission shall appear before the Executive
655 Appropriations Committee of the Legislature and present the amount of bond proceeds that the
656 department needs to provide funding for the projects identified in Subsections 63B-18-401(2),
657 (3), and (4) or Subsection 63B-27-101(2) for the current or next fiscal year.
658 (b) The Executive Appropriations Committee of the Legislature shall review and
659 comment on the amount of bond proceeds needed to fund the projects.
660 (8) The Division of Finance shall, from money deposited into the fund, transfer the
661 amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
662 Section 63B-18-401 or 63B-27-101 in the current fiscal year to the appropriate debt service or
663 sinking fund.
664 (9) (a) There is created in the Transportation Investment Fund of 2005 the Transit
665 Transportation Investment Fund.
666 (b) The fund shall be funded by:
667 (i) contributions deposited into the fund in accordance with Section 59-12-103;
668 (ii) appropriations into the account by the Legislature;
669 (iii) deposits of sales and use tax increment related to a housing and transit
670 reinvestment zone as described in Section 63N-3-610;
671 (iv) private contributions; and
672 (v) donations or grants from public or private entities.
673 (c) (i) The fund shall earn interest.
674 (ii) All interest earned on fund money shall be deposited into the fund.
675 (d) Subject to Subsection (9)(e), the Legislature may appropriate money from the fund:
676 (i) for public transit capital development of new capacity projects and fixed guideway
677 capital development projects to be used as prioritized by the commission through the
678 prioritization process adopted under Section 72-1-304[
679 (ii) for development of the oversight plan described in Section 72-1-202(5); or
680 (iii) to the department for oversight of a fixed guideway capital development project
681 for which the department has responsibility.
682 (e) (i) The Legislature may only appropriate money from the fund for a public transit
683 capital development project or pedestrian or nonmotorized transportation project that provides
684 connection to the public transit system if the public transit district or political subdivision
685 provides funds of equal to or greater than 40% of the costs needed for the project.
686 (ii) A public transit district or political subdivision may use money derived from a loan
687 granted pursuant to Title 72, Chapter 2, Part 2, State Infrastructure Bank Fund, to provide all or
688 part of the 40% requirement described in Subsection (9)(e)(i) if:
689 (A) the loan is approved by the commission as required in Title 72, Chapter 2, Part 2,
690 State Infrastructure Bank Fund; and
691 (B) the proposed capital project has been prioritized by the commission pursuant to
692 Section 72-1-303.
693 (f) Before July 1, 2022, the department and a large public transit district shall enter into
694 an agreement for a large public transit district to pay the department $5,000,000 per year for 15
695 years to be used to facilitate the purchase of zero emissions or low emissions rail engines and
696 trainsets for regional public transit rail systems.
697 (10) (a) There is created in the Transportation Investment Fund of 2005 the
698 Cottonwood Canyons Transportation Investment Fund.
699 (b) The fund shall be funded by:
700 (i) money deposited into the fund in accordance with Section 59-12-103;
701 (ii) appropriations into the account by the Legislature;
702 (iii) private contributions; and
703 (iv) donations or grants from public or private entities.
704 (c) (i) The fund shall earn interest.
705 (ii) All interest earned on fund money shall be deposited into the fund.
706 (d) The Legislature may appropriate money from the fund for public transit or
707 transportation projects in the Cottonwood Canyons of Salt Lake County.
708