1     
GREAT SALT LAKE FUNDING MODIFICATIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Joel K. Briscoe

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill provides for sales and use tax revenue to be used to manage the water levels at
10     the Great Salt Lake.
11     Highlighted Provisions:
12          This bill:
13          ▸     changes the recipient of the revenue generated from a 1/16% sales and use tax (the
14     earmarked revenue) from the Water Infrastructure Restricted Account to the Great
15     Salt Lake Account for five years;
16          ▸     requires legislative review before the recipient of the earmarked revenue reverts to
17     the Water Infrastructure Restricted Account; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a special effective date.
23     Utah Code Sections Affected:
24     AMENDS:
25          59-12-103, as last amended by Laws of Utah 2022, Chapters 77, 106 and 433
26          63I-1-259, as last amended by Laws of Utah 2022, Chapter 218
27          63I-1-265, as enacted by Laws of Utah 2020, Chapter 154

28          65A-5-1.5, as enacted by Laws of Utah 2022, Chapter 54
29     

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

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

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

121     transaction under this chapter other than this part.
122          (c) Except as provided in Subsection (2)(e) or (f), a state tax and a local tax are
123     imposed on amounts paid or charged for food and food ingredients equal to the sum of:
124          (i) a state tax imposed on the amounts paid or charged for food and food ingredients at
125     a tax rate of 1.75%; and
126          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
127     amounts paid or charged for food and food ingredients under this chapter other than this part.
128          (d) Except as provided in Subsection (2)(e) or (f), a state tax is imposed on amounts
129     paid or charged for fuel to a common carrier that is a railroad for use in a locomotive engine at
130     a rate of 4.85%.
131          (e) (i) For a bundled transaction that is attributable to food and food ingredients and
132     tangible personal property other than food and food ingredients, a state tax and a local tax is
133     imposed on the entire bundled transaction equal to the sum of:
134          (A) a state tax imposed on the entire bundled transaction equal to the sum of:
135          (I) the tax rate described in Subsection (2)(a)(i)(A); and
136          (II) (Aa) the tax rate the state imposes in accordance with Part 18, Additional State
137     Sales and Use Tax Act, if the location of the transaction as determined under Sections
138     59-12-211 through 59-12-215 is in a county in which the state imposes the tax under Part 18,
139     Additional State Sales and Use Tax Act; and
140          (Bb) the tax rate the state imposes in accordance with Part 20, Supplemental State
141     Sales and Use Tax Act, if the location of the transaction as determined under Sections
142     59-12-211 through 59-12-215 is in a city, town, or the unincorporated area of a county in which
143     the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
144          (B) a local tax imposed on the entire bundled transaction at the sum of the tax rates
145     described in Subsection (2)(a)(ii).
146          (ii) If an optional computer software maintenance contract is a bundled transaction that
147     consists of taxable and nontaxable products that are not separately itemized on an invoice or
148     similar billing document, the purchase of the optional computer software maintenance contract
149     is 40% taxable under this chapter and 60% nontaxable under this chapter.
150          (iii) Subject to Subsection (2)(e)(iv), for a bundled transaction other than a bundled
151     transaction described in Subsection (2)(e)(i) or (ii):

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

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

214          (A) Subsection (2)(a)(i)(A);
215          (B) Subsection (2)(b)(i);
216          (C) Subsection (2)(c)(i); or
217          (D) Subsection (2)(e)(i)(A)(I).
218          (ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
219     statement for the billing period is rendered on or after the effective date of the repeal of the tax
220     or the tax rate decrease imposed under:
221          (A) Subsection (2)(a)(i)(A);
222          (B) Subsection (2)(b)(i);
223          (C) Subsection (2)(c)(i); or
224          (D) Subsection (2)(e)(i)(A)(I).
225          (j) (i) For a tax rate described in Subsection (2)(j)(ii), if a tax due on a catalogue sale is
226     computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal or
227     change in a tax rate takes effect:
228          (A) on the first day of a calendar quarter; and
229          (B) beginning 60 days after the effective date of the tax rate repeal or tax rate change.
230          (ii) Subsection (2)(j)(i) applies to the tax rates described in the following:
231          (A) Subsection (2)(a)(i)(A);
232          (B) Subsection (2)(b)(i);
233          (C) Subsection (2)(c)(i); or
234          (D) Subsection (2)(e)(i)(A)(I).
235          (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
236     the commission may by rule define the term "catalogue sale."
237          (k) (i) For a location described in Subsection (2)(k)(ii), the commission shall determine
238     the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel based on the
239     predominant use of the gas, electricity, heat, coal, fuel oil, or other fuel at the location.
240          (ii) Subsection (2)(k)(i) applies to a location where gas, electricity, heat, coal, fuel oil,
241     or other fuel is furnished through a single meter for two or more of the following uses:
242          (A) a commercial use;
243          (B) an industrial use; or
244          (C) a residential use.

245          (3) (a) The following state taxes shall be deposited into the General Fund:
246          (i) the tax imposed by Subsection (2)(a)(i)(A);
247          (ii) the tax imposed by Subsection (2)(b)(i);
248          (iii) the tax imposed by Subsection (2)(c)(i); and
249          (iv) the tax imposed by Subsection (2)(e)(i)(A)(I).
250          (b) The following local taxes shall be distributed to a county, city, or town as provided
251     in this chapter:
252          (i) the tax imposed by Subsection (2)(a)(ii);
253          (ii) the tax imposed by Subsection (2)(b)(ii);
254          (iii) the tax imposed by Subsection (2)(c)(ii); and
255          (iv) the tax imposed by Subsection (2)(e)(i)(B).
256          (c) The state tax imposed by Subsection (2)(d) shall be deposited into the General
257     Fund.
258          (4) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
259     2003, the lesser of the following amounts shall be expended as provided in Subsections (4)(b)
260     through (g):
261          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
262          (A) by a 1/16% tax rate on the transactions described in Subsection (1); and
263          (B) for the fiscal year; or
264          (ii) $17,500,000.
265          (b) (i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
266     described in Subsection (4)(a) shall be transferred each year as designated sales and use tax
267     revenue to the Department of Natural Resources to:
268          (A) implement the measures described in Subsections 79-2-303(3)(a) through (d) to
269     protect sensitive plant and animal species; or
270          (B) award grants, up to the amount authorized by the Legislature in an appropriations
271     act, to political subdivisions of the state to implement the measures described in Subsections
272     79-2-303(3)(a) through (d) to protect sensitive plant and animal species.
273          (ii) Money transferred to the Department of Natural Resources under Subsection
274     (4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or any other
275     person to list or attempt to have listed a species as threatened or endangered under the

276     Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
277          (iii) At the end of each fiscal year:
278          (A) 50% of any unexpended designated sales and use tax revenue shall lapse to the
279     Water Resources Conservation and Development Fund created in Section 73-10-24;
280          (B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
281     Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
282          (C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
283     Drinking Water Loan Program Subaccount created in Section 73-10c-5.
284          (c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
285     Subsection (4)(a) shall be deposited each year in the Agriculture Resource Development Fund
286     created in Section 4-18-106.
287          (d) (i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount described
288     in Subsection (4)(a) shall be transferred each year as designated sales and use tax revenue to
289     the Division of Water Rights to cover the costs incurred in hiring legal and technical staff for
290     the adjudication of water rights.
291          (ii) At the end of each fiscal year:
292          (A) 50% of any unexpended designated sales and use tax revenue shall lapse to the
293     Water Resources Conservation and Development Fund created in Section 73-10-24;
294          (B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
295     Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
296          (C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
297     Drinking Water Loan Program Subaccount created in Section 73-10c-5.
298          (e) (i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described
299     in Subsection (4)(a) shall be deposited into the Water Resources Conservation and
300     Development Fund created in Section 73-10-24 for use by the Division of Water Resources.
301          (ii) In addition to the uses allowed of the Water Resources Conservation and
302     Development Fund under Section 73-10-24, the Water Resources Conservation and
303     Development Fund may also be used to:
304          (A) conduct hydrologic and geotechnical investigations by the Division of Water
305     Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
306     quantifying surface and ground water resources and describing the hydrologic systems of an

307     area in sufficient detail so as to enable local and state resource managers to plan for and
308     accommodate growth in water use without jeopardizing the resource;
309          (B) fund state required dam safety improvements; and
310          (C) protect the state's interest in interstate water compact allocations, including the
311     hiring of technical and legal staff.
312          (f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
313     in Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program Subaccount
314     created in Section 73-10c-5 for use by the Water Quality Board to fund wastewater projects.
315          (g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
316     in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program Subaccount
317     created in Section 73-10c-5 for use by the Division of Drinking Water to:
318          (i) provide for the installation and repair of collection, treatment, storage, and
319     distribution facilities for any public water system, as defined in Section 19-4-102;
320          (ii) develop underground sources of water, including springs and wells; and
321          (iii) develop surface water sources.
322          (5) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
323     2006, the difference between the following amounts shall be expended as provided in this
324     Subsection (5), if that difference is greater than $1:
325          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for the
326     fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); and
327          (ii) $17,500,000.
328          (b) (i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
329          (A) transferred each fiscal year to the Department of Natural Resources as designated
330     sales and use tax revenue; and
331          (B) expended by the Department of Natural Resources for watershed rehabilitation or
332     restoration.
333          (ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
334     tax revenue described in Subsection (5)(b)(i) shall lapse to the Water Resources Conservation
335     and Development Fund created in Section 73-10-24.
336          (c) (i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
337     remaining difference described in Subsection (5)(a) shall be:

338          (A) transferred each fiscal year to the Division of Water Resources as designated sales
339     and use tax revenue; and
340          (B) expended by the Division of Water Resources for cloud-seeding projects
341     authorized by Title 73, Chapter 15, Modification of Weather.
342          (ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
343     tax revenue described in Subsection (5)(c)(i) shall lapse to the Water Resources Conservation
344     and Development Fund created in Section 73-10-24.
345          (d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
346     remaining difference described in Subsection (5)(a) shall be deposited into the Water
347     Resources Conservation and Development Fund created in Section 73-10-24 for use by the
348     Division of Water Resources for:
349          (i) preconstruction costs:
350          (A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73, Chapter
351     26, Bear River Development Act; and
352          (B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
353     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
354          (ii) the cost of employing a civil engineer to oversee any project authorized by Title 73,
355     Chapter 26, Bear River Development Act;
356          (iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
357     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
358          (iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and
359     Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).
360          (e) After making the transfers required by Subsections (5)(b) and (c), 15% of the
361     remaining difference described in Subsection (5)(a) shall be deposited each year into the Water
362     Rights Restricted Account created by Section 73-2-1.6.
363          (6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), the
364     commission shall deposit 100% of the amount of revenue generated by a 1/16% tax rate on the
365     transactions described in Subsection (1) for the fiscal year [shall be deposited as follows]:
366          [(a) for fiscal year 2020-21 only:]
367          [(i) 20% of the revenue described in this Subsection (6) shall be deposited into the
368     Transportation Investment Fund of 2005 created by Section 72-2-124; and]

369          [(ii) 80% of the revenue described in this Subsection (6) shall be deposited into the
370     Water Infrastructure Restricted Account created by Section 73-10g-103; and]
371          [(b)] (a) for a fiscal year beginning on or after July 1, 2023, but beginning before July
372     1, 2028, into the Great Salt Lake Account created by Section 65A-5-1.5; and
373          (b) for a fiscal year beginning on or after July 1, [2021, 100% of the revenue described
374     in this Subsection (6) shall be deposited] 2028, into the Water Infrastructure Restricted
375     Account created by Section 73-10g-103.
376          (7) (a) Notwithstanding Subsection (3)(a)[, in addition to the amounts deposited in
377     Subsection (6),] and subject to Subsection (7)(b), for a fiscal year beginning on or after July 1,
378     2012, the Division of Finance shall deposit into the Transportation Investment Fund of 2005
379     created by Section 72-2-124:
380          (i) a portion of the taxes listed under Subsection (3)(a) in an amount equal to 8.3% of
381     the revenues collected from the following taxes, which represents a portion of the
382     approximately 17% of sales and use tax revenues generated annually by the sales and use tax
383     on vehicles and vehicle-related products:
384          (A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
385          (B) the tax imposed by Subsection (2)(b)(i);
386          (C) the tax imposed by Subsection (2)(c)(i); and
387          (D) the tax imposed by Subsection (2)(e)(i)(A)(I); plus
388          (ii) an amount equal to 30% of the growth in the amount of revenues collected in the
389     current fiscal year from the sales and use taxes described in Subsections (7)(a)(i)(A) through
390     (D) that exceeds the amount collected from the sales and use taxes described in Subsections
391     (7)(a)(i)(A) through (D) in the 2010-11 fiscal year.
392          (b) (i) Subject to Subsections (7)(b)(ii) and (iii), in any fiscal year that the portion of
393     the sales and use taxes deposited under Subsection (7)(a) represents an amount that is a total
394     lower percentage of the sales and use taxes described in Subsections (7)(a)(i)(A) through (D)
395     generated in the current fiscal year than the total percentage of sales and use taxes deposited in
396     the previous fiscal year, the Division of Finance shall deposit an amount under Subsection
397     (7)(a) equal to the product of:
398          (A) the total percentage of sales and use taxes deposited under Subsection (7)(a) in the
399     previous fiscal year; and

400          (B) the total sales and use tax revenue generated by the taxes described in Subsections
401     (7)(a)(i)(A) through (D) in the current fiscal year.
402          (ii) In any fiscal year in which the portion of the sales and use taxes deposited under
403     Subsection (7)(a) would exceed 17% of the revenues collected from the sales and use taxes
404     described in Subsections (7)(a)(i)(A) through (D) in the current fiscal year, the Division of
405     Finance shall deposit 17% of the revenues collected from the sales and use taxes described in
406     Subsections (7)(a)(i)(A) through (D) for the current fiscal year under Subsection (7)(a).
407          (iii) Subject to Subsection (7)(b)(iv)(E), in all subsequent fiscal years after a year in
408     which 17% of the revenues collected from the sales and use taxes described in Subsections
409     (7)(a)(i)(A) through (D) was deposited under Subsection (7)(a), the Division of Finance shall
410     annually deposit 17% of the revenues collected from the sales and use taxes described in
411     Subsections (7)(a)(i)(A) through (D) in the current fiscal year under Subsection (7)(a).
412          (iv) (A) As used in this Subsection (7)(b)(iv), "additional growth revenue" means the
413     amount of relevant revenue collected in the current fiscal year that exceeds by more than 3%
414     the relevant revenue collected in the previous fiscal year.
415          (B) As used in this Subsection (7)(b)(iv), "combined amount" means the combined
416     total amount of money deposited into the Cottonwood Canyons fund under Subsections
417     (7)(b)(iv)(F) and (8)(d)(vi) in any single fiscal year.
418          (C) As used in this Subsection (7)(b)(iv), "Cottonwood Canyons fund" means the
419     Cottonwood Canyons Transportation Investment Fund created in Subsection 72-2-124(10).
420          (D) As used in this Subsection (7)(b)(iv), "relevant revenue" means the portion of taxes
421     listed under Subsection (3)(a) that equals 17% of the revenue collected from taxes described in
422     Subsections (7)(a)(i)(A) through (D).
423          (E) For a fiscal year beginning on or after July 1, 2020, the commission shall annually
424     reduce the deposit under Subsection (7)(b)(iii) into the Transportation Investment Fund of 2005
425     by an amount equal to the amount of the deposit under this Subsection (7)(b)(iv) to the
426     Cottonwood Canyons fund in the previous fiscal year plus 25% of additional growth revenue,
427     subject to the limit in Subsection (7)(b)(iv)(F).
428          (F) The commission shall annually deposit the amount described in Subsection
429     (7)(b)(iv)(E) into the Cottonwood Canyons fund, subject to an annual maximum combined
430     amount for any single fiscal year of $20,000,000.

431          (G) If the amount of relevant revenue declines in a fiscal year compared to the previous
432     fiscal year, the commission shall decrease the amount of the contribution to the Cottonwood
433     Canyons fund under this Subsection (7)(b)(iv) in the same proportion as the decline in relevant
434     revenue.
435          (8) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under
436     [Subsections (6) and] Subsection (7), and subject to Subsections (8)(b) and (d)(v), for a fiscal
437     year beginning on or after July 1, 2018, the commission shall annually deposit into the
438     Transportation Investment Fund of 2005 created by Section 72-2-124 a portion of the taxes
439     listed under Subsection (3)(a) in an amount equal to 3.68% of the revenues collected from the
440     following taxes:
441          (i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
442          (ii) the tax imposed by Subsection (2)(b)(i);
443          (iii) the tax imposed by Subsection (2)(c)(i); and
444          (iv) the tax imposed by Subsection (2)(e)(i)(A)(I).
445          (b) For a fiscal year beginning on or after July 1, 2019, the commission shall annually
446     reduce the deposit into the Transportation Investment Fund of 2005 under Subsection (8)(a) by
447     an amount that is equal to 35% of the amount of revenue generated in the current fiscal year by
448     the portion of the tax imposed on motor and special fuel that is sold, used, or received for sale
449     or use in this state that exceeds 29.4 cents per gallon.
450          (c) The commission shall annually deposit the amount described in Subsection (8)(b)
451     into the Transit Transportation Investment Fund created in Section 72-2-124.
452          (d) (i) As used in this Subsection (8)(d), "additional growth revenue" means the
453     amount of relevant revenue collected in the current fiscal year that exceeds by more than 3%
454     the relevant revenue collected in the previous fiscal year.
455          (ii) As used in this Subsection (8)(d), "combined amount" means the combined total
456     amount of money deposited into the Cottonwood Canyons fund under Subsections (7)(b)(iv)(F)
457     and (8)(d)(vi) in any single fiscal year.
458          (iii) As used in this Subsection (8)(d), "Cottonwood Canyons fund" means the
459     Cottonwood Canyons Transportation Investment Fund created in Subsection 72-2-124(10).
460          (iv) As used in this Subsection (8)(d), "relevant revenue" means the portion of taxes
461     listed under Subsection (3)(a) that equals 3.68% of the revenue collected from taxes described

462     in Subsections (8)(a)(i) through (iv).
463          (v) For a fiscal year beginning on or after July 1, 2020, the commission shall annually
464     reduce the deposit under Subsection (8)(a) into the Transportation Investment Fund of 2005 by
465     an amount equal to the amount of the deposit under this Subsection (8)(d) to the Cottonwood
466     Canyons fund in the previous fiscal year plus 25% of additional growth revenue, subject to the
467     limit in Subsection (8)(d)(vi).
468          (vi) The commission shall annually deposit the amount described in Subsection
469     (8)(d)(v) into the Cottonwood Canyons fund, subject to an annual maximum combined amount
470     for any single fiscal year of $20,000,000.
471          (vii) If the amount of relevant revenue declines in a fiscal year compared to the
472     previous fiscal year, the commission shall decrease the amount of the contribution to the
473     Cottonwood Canyons fund under this Subsection (8)(d) in the same proportion as the decline in
474     relevant revenue.
475          (9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
476     2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies Fund
477     created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
478          (10) (a) Notwithstanding Subsection (3)(a), except as provided in Subsection (10)(b),
479     and in addition to any amounts deposited under Subsections [(6),] (7)[,] and (8), the Division
480     of Finance shall deposit into the Transportation Investment Fund of 2005 created by Section
481     72-2-124 the amount of revenue described as follows:
482          (i) for fiscal year 2020-21 only, 33.33% of the amount of revenue generated by a .05%
483     tax rate on the transactions described in Subsection (1); and
484          (ii) for fiscal year 2021-22 only, 16.67% of the amount of revenue generated by a .05%
485     tax rate on the transactions described in Subsection (1).
486          (b) For purposes of Subsection (10)(a), the Division of Finance may not deposit into
487     the Transportation Investment Fund of 2005 any tax revenue generated by amounts paid or
488     charged for food and food ingredients, except for tax revenue generated by a bundled
489     transaction attributable to food and food ingredients and tangible personal property other than
490     food and food ingredients described in Subsection (2)(e).
491          (11) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the
492     fiscal year during which the Division of Finance receives notice under Section 63N-2-510 that

493     construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the Division of
494     Finance shall, for two consecutive fiscal years, annually deposit $1,900,000 of the revenue
495     generated by the taxes listed under Subsection (3)(a) into the Hotel Impact Mitigation Fund,
496     created in Section 63N-2-512.
497          (12) (a) The rate specified in this subsection is 0.15%.
498          (b) Notwithstanding Subsection (3)(a), the Division of Finance shall, for a fiscal year
499     beginning on or after July 1, 2019, annually transfer the amount of revenue collected from the
500     rate described in Subsection (12)(a) on the transactions that are subject to the sales and use tax
501     under Subsection (2)(a)(i)(A) into the Medicaid Expansion Fund created in Section
502     26-36b-208.
503          (13) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
504     2020-21, the Division of Finance shall deposit $200,000 into the General Fund as a dedicated
505     credit solely for use of the Search and Rescue Financial Assistance Program created in, and
506     expended in accordance with, Title 53, Chapter 2a, Part 11, Search and Rescue Act.
507          (14) (a) For each fiscal year beginning with fiscal year 2020-21, the Division of
508     Finance shall annually transfer $1,813,400 of the revenue deposited into the Transportation
509     Investment Fund of 2005 under Subsections [(6) through (8)] (7) and (8) to the General Fund.
510          (b) If the total revenue deposited into the Transportation Investment Fund of 2005
511     under Subsections [(6) through] (7) and (8) is less than $1,813,400 for a fiscal year, the
512     Division of Finance shall transfer the total revenue deposited into the Transportation
513     Investment Fund of 2005 under Subsections [(6) through] (7) and (8) during the fiscal year to
514     the General Fund.
515          (15) Notwithstanding Subsection (3)(a), and as described in Section 63N-3-610,
516     beginning the first day of the calendar quarter one year after the sales and use tax boundary for
517     a housing and transit reinvestment zone is established, the commission, at least annually, shall
518     transfer an amount equal to 15% of the sales and use tax increment within an established sales
519     and use tax boundary, as defined in Section 63N-3-602, into the Transit Transportation
520     Investment Fund created in Section 72-2-124.
521          (16) Notwithstanding Subsection (3)(a), the Division of Finance shall, for a fiscal year
522     beginning on or after July 1, 2022, transfer into the Outdoor Adventure Infrastructure
523     Restricted Account, created in Section 51-9-902, a portion of the taxes listed under Subsection

524     (3)(a) equal to 1% of the revenues collected from the following sales and use taxes:
525          (a) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
526          (b) the tax imposed by Subsection (2)(b)(i);
527          (c) the tax imposed by Subsection (2)(c)(i); and
528          (d) the tax imposed by Subsection (2)(e)(i)(A)(I).
529          Section 2. Section 63I-1-259 is amended to read:
530          63I-1-259. Repeal dates: Title 59.
531          (1) Section 59-1-213.1 is repealed May 9, 2024.
532          (2) Section 59-1-213.2 is repealed May 9, 2024.
533          (3) Subsection 59-1-405(1)(g) is repealed May 9, 2024.
534          (4) Subsection 59-1-405(2)(b) is repealed May 9, 2024.
535          (5) Section 59-7-618.1 is repealed July 1, 2029.
536          (6) Section 59-9-102.5 is repealed December 31, 2030.
537          (7) Section 59-10-1033.1 is repealed July 1, 2029.
538          (8) Subsection 59-12-103(6)(a) is repealed July 1, 2028.
539          Section 3. Section 63I-1-265 is amended to read:
540          63I-1-265. Repeal dates: Title 65A.
541          (1) Subsection 65A-5-1.5(2)(a)(ii), which references revenue deposited in accordance
542     with Section 59-12-103, is repealed July 1, 2028.
543          (2) Section 65A-8-306, which creates the Heritage Trees Advisory Committee, is
544     repealed July 1, 2026.
545          Section 4. Section 65A-5-1.5 is amended to read:
546          65A-5-1.5. Great Salt Lake Account.
547          (1) As used in this section:
548          (a) "Account" means the Great Salt Lake Account created in this section.
549          (b) "Mining" means the process of producing, extracting, leaching, evaporating, or
550     otherwise removing a mineral from a natural deposit of the mineral.
551          (2) (a) There is created within the General Fund a restricted account known as the
552     "Great Salt Lake Account" consisting of:
553          (i) revenues deposited into the account under Subsection (3);
554          (ii) revenue deposited into the account in accordance with Section 59-12-103;

555          [(ii)] (iii) appropriations from the Legislature; and
556          [(iii)] (iv) interest and other earnings described in Subsection (2)(b).
557          (b) The Office of the Treasurer shall deposit interest and other earnings derived from
558     investment of money in the account into the account.
559          (3) The division shall deposit into the account the royalty income received by the state
560     from mining that occurs on or after July 1, 2022, of a mineral from the sovereign lands of the
561     Great Salt Lake if during the fiscal year beginning July 1, 2020, the state did not receive royalty
562     income from the mining of that same mineral from the sovereign lands of the Great Salt Lake.
563          (4) Upon appropriation by the Legislature, money in the account may be used to
564     manage the water levels of the Great Salt Lake.
565          Section 5. Effective date.
566          This bill takes effect on July 1, 2023.