1     
AVIATION AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Kay J. Christofferson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to aeronautics.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses fees for use of state owned aircraft;
13          ▸     allows one or more associations representing airport owners or pilots to provide an
14     annual report to the Transportation Commission;
15          ▸     modifies the permissible uses of funds in the Aeronautics Restricted Account;
16          ▸     creates the State Aircraft Restricted Account to fund the operations of state owned
17     aircraft;
18          ▸     defines "advanced air mobility system";
19          ▸     addresses preemption of local regulations related to advanced air mobility systems;
20     and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          72-1-216.1, as enacted by Laws of Utah 2021, Chapter 358
29          72-1-303, as last amended by Laws of Utah 2020, Chapter 377

30          72-2-126, as last amended by Laws of Utah 2016, Chapter 38
31          72-14-102, as last amended by Laws of Utah 2018, Chapter 40
32          72-14-103, as enacted by Laws of Utah 2017, Chapter 364
33          76-9-308, as enacted by Laws of Utah 2017, Chapter 184
34     ENACTS:
35          72-2-132, Utah Code Annotated 1953
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 72-1-216.1 is amended to read:
39          72-1-216.1. State plane operations and advanced air mobility study.
40          (1) The department shall study:
41          (a) options to improve the operations of the state airplane fleet, including addressing
42     how to make the state airplane fleet operations more self-reliant through:
43          (i) funding the state's plane operations through plane user fees; and
44          (ii) fleet replacement options; and
45          (b) the development and implementation of advanced air mobility in the state,
46     including:
47          (i) identifying current state assets and assets in development that support advanced air
48     mobility;
49          (ii) identifying assets required for full implementation of advanced air mobility;
50          (iii) identifying potential benefits and limitations of implementing advanced air
51     mobility;
52          (iv) the feasibility of options to progress toward implementing a statewide advanced air
53     mobility system, including phasing critical elements; and
54          (v) reviewing infrastructure funding mechanisms employed or under consideration by
55     other states.
56          (2) As part of the department's study under Subsection (1)(a), the department shall
57     review alternative methods for charging for use of the state airplane fleet, taking into account:

58          (a) the per passenger cost;
59          (b) downtime and pilot layover and wait time;
60          (c) the advantages and disadvantages of an hourly rate;
61          (d) the advantages and disadvantages of a destination rate; and
62          (e) any other information relevant to identifying the most effective method for charging
63     for use of the state airplane fleet.
64          [(2)] (3) The department shall provide a report of the department's findings before
65     September 30, 2022, to the Transportation Interim Committee.
66          Section 2. Section 72-1-303 is amended to read:
67          72-1-303. Duties of commission.
68          (1) The commission has the following duties:
69          (a) determining priorities and funding levels of projects in the state transportation
70     systems and capital development of new public transit facilities for each fiscal year based on
71     project lists compiled by the department and taking into consideration the strategic initiatives
72     described in Section 72-1-211;
73          (b) determining additions and deletions to state highways under Chapter 4, Designation
74     of State Highways Act;
75          (c) holding public hearings and otherwise providing for public input in transportation
76     matters;
77          (d) making policies and rules in accordance with Title 63G, Chapter 3, Utah
78     Administrative Rulemaking Act, necessary to perform the commission's duties described under
79     this section;
80          (e) in accordance with Section 63G-4-301, reviewing orders issued by the executive
81     director in adjudicative proceedings held in accordance with Title 63G, Chapter 4,
82     Administrative Procedures Act;
83          (f) advising the department in state transportation systems policy;
84          (g) approving settlement agreements of condemnation cases subject to Section
85     63G-10-401;

86          (h) in accordance with Section 17B-2a-807, appointing a commissioner to serve as a
87     nonvoting, ex officio member or a voting member on the board of trustees of a public transit
88     district;
89          (i) in accordance with Section 17B-2a-808, reviewing, at least annually, the short-term
90     and long-range public transit plans; and
91          (j) reviewing administrative rules made, substantively amended, or repealed by the
92     department.
93          (2) (a) For projects prioritized with funding provided under Sections 72-2-124 and
94     72-2-125, the commission shall annually report to a committee designated by the Legislative
95     Management Committee:
96          (i) a prioritized list of the new transportation capacity projects in the state
97     transportation system and the funding levels available for those projects; and
98          (ii) the unfunded highway construction and maintenance needs within the state.
99          (b) The committee designated by the Legislative Management Committee under
100     Subsection (2)(a) shall:
101          (i) review the list reported by the Transportation Commission; and
102          (ii) make a recommendation to the Legislature on:
103          (A) the amount of additional funding to allocate to transportation; and
104          (B) the source of revenue for the additional funding allocation under Subsection
105     (2)(b)(ii)(A).
106          (3) The commission shall review and may approve plans for the construction of a
107     highway facility over sovereign lakebed lands in accordance with Chapter 6, Part 3, Approval
108     of Highway Facilities on Sovereign Lands Act.
109          (4) One or more associations representing airport operators or pilots in the state shall
110     annually report to the commission recommended airport improvement projects and any other
111     information related to the associations' expertise and relevant to the commission's duties.
112          Section 3. Section 72-2-126 is amended to read:
113          72-2-126. Aeronautics Restricted Account.

114          (1) There is created a restricted account entitled the Aeronautics Restricted Account
115     within the Transportation Fund.
116          (2) The account consists of money generated from the following revenue sources:
117          (a) aviation fuel tax allocated for aeronautical operations deposited into the account in
118     accordance with Section 59-13-402;
119          (b) aircraft registration fees deposited into the account in accordance with Section
120     72-10-110;
121          (c) appropriations made to the account by the Legislature;
122          (d) contributions from other public and private sources for deposit into the account;
123     and
124          (e) interest earned on account money.
125          (3) The department shall allocate funds in the account to the separate accounts of
126     individual airports as required under Section 59-13-402.
127          (4) (a) Except as provided in Subsection (4)(b), the department shall use funds in the
128     account for:
129          (i) the construction, improvement, operation, and maintenance of publicly used airports
130     in this state;
131          (ii) the payment of principal and interest on indebtedness incurred for the purposes
132     described in Subsection (4)(a);
133          (iii) operation of the division of aeronautics;
134          (iv) the promotion of aeronautics in this state; and
135          (v) the payment of the costs and expenses of the Department of Transportation in
136     administering Title 59, Chapter 13, Part 4, Aviation Fuel, or another law conferring upon it the
137     duty of regulating and supervising aeronautics in this state.
138          (b) The department may use funds in the account for the support of aerial search and
139     rescue operations, provided that no money deposited into the account under Subsection (2)(a)
140     is used for that purpose.
141          (5) (a) Money in the account may not be used by the department for the purchase of

142     aircraft for purposes other than those described in Subsection (4).
143          (b) Money in the account may not be used to provide or subsidize direct operating costs
144     of travel for purposes other than those described in Subsection (4).
145          (6) The Department may not use money in the account to fund:
146          (a) more than 77% of the operations costs related to state owned aircraft in fiscal year
147     2023-24;
148          (b) more than 52% of the operations costs related to state owned aircraft in fiscal year
149     2024-25;
150          (c) more than 26% of the operations costs related to state owned aircraft in fiscal year
151     2025-26;
152          (d) more than 10% of the operations costs related to state owned aircraft in fiscal year
153     2026-27; or
154          (e) any operations costs related to state owned aircraft in a fiscal year beginning on or
155     after July 1, 2027.
156          Section 4. Section 72-2-132 is enacted to read:
157          72-2-132. State Aircraft Restricted Account.
158          (1) There is created a restricted account known as the State Aircraft Restricted
159     Account.
160          (2) The account consists of money generated from the following revenue sources:
161          (a) fees the department receives for use of state owned aircraft;
162          (b) appropriations to the account by the Legislature;
163          (c) contributions from other public or private sources for deposit into the account; and
164          (d) interest earned on money in the account.
165          (3) Upon appropriation by the Legislature, the department may use money in the
166     account for the operation and maintenance of state owned aircraft.
167          Section 5. Section 72-14-102 is amended to read:
168          72-14-102. Definitions.
169          As used in this chapter:

170          (1) (a) "Advanced air mobility system" means a system that transports individuals and
171     property using piloted and unpiloted aircraft, including electric aircraft and electric vertical
172     takeoff and landing aircraft, in controlled or uncontrolled airspace.
173          (b) "Advanced air mobility system" includes each component of a system described in
174     Subsection (1)(a), including:
175          (i) the aircraft, including payload;
176          (ii) communications equipment;
177          (iii) navigation equipment;
178          (iv) controllers;
179          (v) support equipment; and
180          (vi) remote and autonomous functions.
181          [(1)] (2) "Airport" means the same as that term is defined in Section 72-10-102.
182          [(2)] (3) "Airport operator" means the same as that term is defined in Section
183     72-10-102.
184          [(3)] (4) "Correctional facility" means the same as that term is defined in Section
185     77-16b-102.
186          [(4)] (5) "Unmanned aircraft" means an aircraft that is:
187          (a) capable of sustaining flight; and
188          (b) operated with no possible direct human intervention from on or within the aircraft.
189          [(5)] (6) "Unmanned aircraft system" means the entire system used to operate an
190     unmanned aircraft, including:
191          (a) the unmanned aircraft, including payload;
192          (b) communications equipment;
193          (c) navigation equipment;
194          (d) controllers;
195          (e) support equipment; and
196          (f) autopilot functionality.
197          Section 6. Section 72-14-103 is amended to read:

198          72-14-103. Preemption of local ordinance.
199          (1) A political subdivision of the state, or an entity within a political subdivision of the
200     state, may not enact a law, ordinance, or rule governing the private use of an unmanned aircraft
201     or the private use of an advanced air mobility system, unless:
202          (a) authorized by this chapter; or
203          (b) the political subdivision or entity is an airport operator that enacts the law, rule, or
204     ordinance to govern:
205          (i) the operation of an unmanned aircraft or an advanced air mobility system within the
206     geographic boundaries of the airport over which the airport operator has authority; or
207          (ii) the takeoff or landing of an unmanned aircraft or an aircraft operated as part of an
208     advanced air mobility system at the airport over which the airport operator has authority.
209          (2) This chapter supersedes any law, ordinance, or rule enacted by a political
210     subdivision of the state before July 1, 2017.
211          Section 7. Section 76-9-308 is amended to read:
212          76-9-308. Harassment of livestock.
213          (1) As used in this section:
214          (a) "Livestock" has the same meaning as that term is defined in Subsection
215     76-9-301(1).
216          (b) "Unmanned aircraft system" [has the same meaning as that term is defined in
217     Subsection 72-14-102(4)] means the same as that term is defined in Section 72-14-102.
218          (2) Except as provided in Subsection (3), a person is guilty of harassment of livestock
219     if the person intentionally, knowingly, or recklessly chases, with the intent of causing distress,
220     or harms livestock through the use of:
221          (a) a motorized vehicle or all-terrain vehicle;
222          (b) a dog; or
223          (c) an unmanned aircraft system.
224          (3) A person is not guilty of harassment of livestock if:
225          (a) the person is:

226          (i) the owner of the livestock;
227          (ii) an employee or agent of the owner, or otherwise acting under the owner's general
228     direction or with the owner's permission;
229          (iii) acting in an emergency situation to prevent damage to the livestock or property; or
230          (iv) an employee or agent of the state or a political subdivision and acting in the
231     employee or agent's official capacity; or
232          (b) the action is in line with generally accepted animal husbandry practices.
233          (4) A person who violates this section is guilty of:
234          (a) a class B misdemeanor if the violation is a first offense and:
235          (i) no livestock is seriously injured or killed as a result of the person's actions; or
236          (ii) the person's actions cause the livestock to be displaced onto property where the
237     livestock is not legally entitled to be; and
238          (b) a class A misdemeanor if:
239          (i) the person has previously been convicted of harassment of livestock under this
240     section;
241          (ii) livestock is seriously injured or killed as a result of the person's actions; or
242          (iii) livestock or property suffered damage in excess of $1,000, including money spent
243     in recovering the livestock, as a result of the person's actions.