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7 LONG TITLE
8 General Description:
9 This bill requires a public transit district to provide alternative services if the public
10 transit district discontinues paratransit services.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ requires a public transit district to provide alternative services if the public transit
15 district discontinues paratransit services; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 17B-2a-802, as last amended by Laws of Utah 2022, Chapters 69, 406
24 17B-2a-823, as last amended by Laws of Utah 2019, Chapter 136
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 17B-2a-802 is amended to read:
28 17B-2a-802. Definitions.
29 As used in this part:
30 (1) "Affordable housing" means housing occupied or reserved for occupancy by
31 households that meet certain gross household income requirements based on the area median
32 income for households of the same size.
33 (a) "Affordable housing" may include housing occupied or reserved for occupancy by
34 households that meet specific area median income targets or ranges of area median income
35 targets.
36 (b) "Affordable housing" does not include housing occupied or reserved for occupancy
37 by households with gross household incomes that are more than 60% of the area median
38 income for households of the same size.
39 (2) "Appointing entity" means the person, county, unincorporated area of a county, or
40 municipality appointing a member to a public transit district board of trustees.
41 (3) (a) "Chief executive officer" means a person appointed by the board of trustees of a
42 small public transit district to serve as chief executive officer.
43 (b) "Chief executive officer" shall enjoy all the rights, duties, and responsibilities
44 defined in Sections 17B-2a-810 and 17B-2a-811 and includes all rights, duties, and
45 responsibilities assigned to the general manager but prescribed by the board of trustees to be
46 fulfilled by the chief executive officer.
47 (4) "Council of governments" means a decision-making body in each county composed
48 of membership including the county governing body and the mayors of each municipality in the
49 county.
50 (5) "Department" means the Department of Transportation created in Section 72-1-201.
51 (6) "Executive director" means a person appointed by the board of trustees of a large
52 public transit district to serve as executive director.
53 (7) "Fixed guideway" means the same as that term is defined in Section 59-12-102.
54 (8) "Fixed guideway capital development" means the same as that term is defined in
55 Section 72-1-102.
56 (9) "Fixed route service" means a transportation service where a public transit vehicle
57 travels along a predetermined route and stops at predetermined locations to pick up individuals
58 seeking public transportation to be taken to the individual's desired destination along the
59 predetermined route.
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61 small public transit district to serve as general manager.
62 (b) "General manager" shall enjoy all the rights, duties, and responsibilities defined in
63 Sections 17B-2a-810 and 17B-2a-811 prescribed by the board of trustees of a small public
64 transit district.
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66 public transit to an area that includes:
67 (a) more than 65% of the population of the state based on the most recent official
68 census or census estimate of the United States Census Bureau; and
69 (b) two or more counties.
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71 position with a county or municipality.
72 (b) "Locally elected public official" does not include a person who holds an elected
73 position if the elected position is not with a county or municipality.
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75 defined in Section 72-1-208.5.
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77 one county.
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79 transportation of passengers for hire.
80 (16) "Paratransit service" means a transportation service provided to an individual with
81 physical, cognitive, or visual disabilities who is functionally unable to independently use a
82 public transit district's fixed route services either permanently or temporarily.
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84 transportation services that are open to the general public or open to a segment of the general
85 public defined by age, disability, or low income.
86 (b) "Public transit" does not include transportation services provided by:
87 (i) chartered bus;
88 (ii) sightseeing bus;
89 (iii) taxi;
90 (iv) school bus service;
91 (v) courtesy shuttle service for patrons of one or more specific establishments; or
92 (vi) intra-terminal or intra-facility shuttle services.
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94 services.
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96 large public transit district.
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98 in accordance with Section 10-9a-403.1.
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100 loading or unloading zone, parking lot, or other facility:
101 (a) leased by or operated by or on behalf of a public transit district; and
102 (b) related to the public transit services provided by the district, including:
103 (i) railway or other right-of-way;
104 (ii) railway line; and
105 (iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
106 a transit vehicle.
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108 vehicle operated as public transportation by a public transit district.
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110 commercial area that is designed to maximize access to public transit and includes the
111 development of land owned by a large public transit district.
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113 commercial area that is designed to maximize access to public transit and does not include the
114 development of land owned by a large public transit district.
115 Section 2. Section 17B-2a-823 is amended to read:
116 17B-2a-823. Public transit district special services.
117 (1) As used in this section, "bureau" means a recreational, tourist, or convention bureau
118 under Title 17, Chapter 31, Recreational, Tourist, and Convention Bureaus.
119 (2) (a) A public transit district may lease its buses to private certified public carriers or
120 operate transit services requested by a public entity if a bureau certifies that privately owned
121 carriers furnishing like services or operating like equipment within the area served by the
122 bureau:
123 (i) have declined to provide the service; or
124 (ii) do not have the equipment necessary to provide the service.
125 (b) A public transit district may lease its buses or operate services as authorized under
126 Subsection (2)(a) outside of the area served by the district.
127 (3) If part or all of the transportation services are paid for by public funds, a public
128 transit district may:
129 (a) provide school bus services for transportation of pupils and supervisory personnel
130 between homes and school and other related school activities within the area served by the
131 district; or
132 (b) provide the transportation of passengers covered by a program within the district
133 for people who are elderly or who have a disability.
134 (4) (a) If a public transit district provides paratransit services described in Subsection
135 (3) to an individual with a disability, and the public transit district discontinues the fixed route
136 service for which the individual's paratransit service is dependent, the public transit district
137 shall either:
138 (i) continue to provide the individual the same paratransit services; or
139 (ii) provide the individual an alternative form of transportation for the individual.
140 (b) The alternative form of transportation described in Subsection (4)(a)(i), as
141 compared to the paratransit service, shall:
142 (i) provide the individual with a form of transportation that:
143 (A) is similar in mode of transit; and
144 (B) the individual is physically and cognitively able to use;
145 (ii) provide the individual the same:
146 (A) origin to destination services; and
147 (B) door to curb services; and
148 (iii) have equal or lesser cost to the individual.
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150 not prohibited from providing the transportation services identified in Subsection (3).