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7 LONG TITLE
8 General Description:
9 This bill amends code sections related to transportation and motor vehicle items and
10 makes technical corrections.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ amends provisions related to station area plans for public transit;
15 ▸ amends provisions related to the compensation for a member of the board of
16 trustees of a large public transit district;
17 ▸ prohibits an individual from passing a snowplow on the side where the snowplow
18 blade is deployed;
19 ▸ prohibits an individual from passing three or more snowplows operating in echelon
20 formation;
21 ▸ requires an individual operating a motor vehicle to move over to avoid a vehicle
22 stopped on the side of a highway;
23 ▸ amends provisions related to license plate requirements for a vintage vehicle;
24 ▸ amends a required local match of funds to qualify for certain transportation related
25 funds;
26 ▸ clarifies the division of responsibilities within the Department of Transportation for
27 oversight of capital development of public transit facilities, shifting that oversight
28 from the executive director to a deputy director;
29 ▸ makes technical corrections to motor vehicle and transportation related code
30 sections;
31 ▸ amends provisions related to the transfer of real property from the Department of
32 Transportation and a large public transit district;
33 ▸ amends provisions related to fees related to tow truck dispatch services; and
34 ▸ removes outdated language.
35 Money Appropriated in this Bill:
36 None
37 Other Special Clauses:
38 None
39 Utah Code Sections Affected:
40 AMENDS:
41 10-9a-203, as last amended by Laws of Utah 2021, Chapters 84, 162 and 345
42 10-9a-403, as last amended by Laws of Utah 2022, Chapters 282, 406 and last amended
43 by Coordination Clause, Laws of Utah 2022, Chapter 406
44 10-9a-403.1, as enacted by Laws of Utah 2022, Chapter 406
45 17B-2a-808.2, as last amended by Laws of Utah 2022, Chapter 69
46 20A-7-601, as last amended by Laws of Utah 2022, Chapter 406
47 41-1a-1201, as last amended by Laws of Utah 2022, Chapter 259
48 41-6a-102, as last amended by Laws of Utah 2022, Chapters 86, 92 and 104
49 41-6a-704, as last amended by Laws of Utah 2019, Chapter 49
50 41-6a-705, as last amended by Laws of Utah 2015, Chapter 412
51 41-6a-904, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
52 41-21-1, as last amended by Laws of Utah 2022, Chapter 259
53 53-3-109, as last amended by Laws of Utah 2020, Chapter 428
54 63I-1-241, as last amended by Laws of Utah 2022, Chapters 68, 92, 104, and 110
55 72-1-202, as last amended by Laws of Utah 2022, Chapter 69
56 72-1-203, as last amended by Laws of Utah 2019, Chapter 479
57 72-1-301, as last amended by Laws of Utah 2020, Chapters 352, 373
58 72-1-302, as last amended by Laws of Utah 2020, Chapter 373
59 72-1-303, as last amended by Laws of Utah 2022, Chapter 99
60 72-1-304, as last amended by Laws of Utah 2022, Chapter 406
61 72-1-305, as last amended by Laws of Utah 2018, Chapter 424
62 72-2-124, as last amended by Laws of Utah 2022, Chapters 69, 259 and 406
63 72-5-117, as last amended by Laws of Utah 2011, Chapter 289
64 72-9-604, as last amended by Laws of Utah 2020, Chapters 45, 420
65 ENACTS:
66 41-6a-718, Utah Code Annotated 1953
67 REPEALS AND REENACTS:
68 53-1-106.2, as enacted by Laws of Utah 2022, Chapter 259
69
70 Be it enacted by the Legislature of the state of Utah:
71 Section 1. Section 10-9a-203 is amended to read:
72 10-9a-203. Notice of intent to prepare a general plan or comprehensive general
73 plan amendments in certain municipalities.
74 (1) Before preparing a proposed general plan or a comprehensive general plan
75 amendment, each municipality within a county of the first or second class shall provide 10
76 calendar days notice of the municipality's intent to prepare a proposed general plan or a
77 comprehensive general plan amendment:
78 (a) to each affected entity;
79 (b) to the Utah Geospatial Resource Center created in Section 63A-16-505;
80 (c) to the association of governments, established pursuant to an interlocal agreement
81 under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member;
82 and
83 (d) on the Utah Public Notice Website created under Section 63A-16-601.
84 (2) Each notice under Subsection (1) shall:
85 (a) indicate that the municipality intends to prepare a general plan or a comprehensive
86 general plan amendment, as the case may be;
87 (b) describe or provide a map of the geographic area that will be affected by the general
88 plan or amendment;
89 (c) be sent by mail, e-mail, or other effective means;
90 (d) invite the affected entities to provide information for the municipality to consider in
91 the process of preparing, adopting, and implementing a general plan or amendment concerning:
92 (i) impacts that the use of land proposed in the proposed general plan or amendment
93 may have; and
94 (ii) uses of land within the municipality that the affected entity is considering that may
95 conflict with the proposed general plan or amendment; and
96 (e) include the address of an Internet website, if the municipality has one, and the name
97 and telephone number of an individual where more information can be obtained concerning the
98 municipality's proposed general plan or amendment.
99 (3) A municipality shall send the newly adopted general plan and comprehensive
100 general plan amendments to the relevant association of governments within 45 days of the date
101 of adoption.
102 Section 2. Section 10-9a-403 is amended to read:
103 10-9a-403. General plan preparation.
104 (1) (a) The planning commission shall provide notice, as provided in Section
105 10-9a-203, of the planning commission's intent to make a recommendation to the municipal
106 legislative body for a general plan or a comprehensive general plan amendment when the
107 planning commission initiates the process of preparing the planning commission's
108 recommendation.
109 (b) The planning commission shall make and recommend to the legislative body a
110 proposed general plan for the area within the municipality.
111 (c) The plan may include areas outside the boundaries of the municipality if, in the
112 planning commission's judgment, those areas are related to the planning of the municipality's
113 territory.
114 (d) Except as otherwise provided by law or with respect to a municipality's power of
115 eminent domain, when the plan of a municipality involves territory outside the boundaries of
116 the municipality, the municipality may not take action affecting that territory without the
117 concurrence of the county or other municipalities affected.
118 (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
119 and descriptive and explanatory matter, shall include the planning commission's
120 recommendations for the following plan elements:
121 (i) a land use element that:
122 (A) designates the long-term goals and the proposed extent, general distribution, and
123 location of land for housing for residents of various income levels, business, industry,
124 agriculture, recreation, education, public buildings and grounds, open space, and other
125 categories of public and private uses of land as appropriate;
126 (B) includes a statement of the projections for and standards of population density and
127 building intensity recommended for the various land use categories covered by the plan;
128 (C) except for a city of the fifth class or a town, is coordinated to integrate the land use
129 element with the water use and preservation element; and
130 (D) except for a city of the fifth class or a town, accounts for the effect of land use
131 categories and land uses on water demand;
132 (ii) a transportation and traffic circulation element that:
133 (A) provides the general location and extent of existing and proposed freeways, arterial
134 and collector streets, public transit, active transportation facilities, and other modes of
135 transportation that the planning commission considers appropriate;
136 (B) for a municipality that has access to a major transit investment corridor, addresses
137 the municipality's plan for residential and commercial development around major transit
138 investment corridors to maintain and improve the connections between housing, employment,
139 education, recreation, and commerce;
140 (C) for a municipality that does not have access to a major transit investment corridor,
141 addresses the municipality's plan for residential and commercial development in areas that will
142 maintain and improve the connections between housing, transportation, employment,
143 education, recreation, and commerce; and
144 (D) correlates with the population projections, the employment projections, and the
145 proposed land use element of the general plan;
146 (iii) for a specified municipality as defined in Section 10-9a-408, a moderate income
147 housing element that:
148 (A) provides a realistic opportunity to meet the need for additional moderate income
149 housing within the next five years;
150 (B) selects three or more moderate income housing strategies described in Subsection
151 (2)(b)(iii) for implementation, including [
152 strategies as provided in Subsection (2)(b)(iv) for a specified municipality that has a fixed
153 guideway public transit station; and
154 (C) includes an implementation plan as provided in Subsection (2)(c); and
155 (iv) except for a city of the fifth class or a town, a water use and preservation element
156 that addresses:
157 (A) the effect of permitted development or patterns of development on water demand
158 and water infrastructure;
159 (B) methods of reducing water demand and per capita consumption for future
160 development;
161 (C) methods of reducing water demand and per capita consumption for existing
162 development; and
163 (D) opportunities for the municipality to modify the municipality's operations to
164 eliminate practices or conditions that waste water.
165 (b) In drafting the moderate income housing element, the planning commission:
166 (i) shall consider the Legislature's determination that municipalities shall facilitate a
167 reasonable opportunity for a variety of housing, including moderate income housing:
168 (A) to meet the needs of people of various income levels living, working, or desiring to
169 live or work in the community; and
170 (B) to allow people with various incomes to benefit from and fully participate in all
171 aspects of neighborhood and community life;
172 (ii) for a town, may include, and for a specified municipality as defined in Section
173 10-9a-408, shall include[
174 opportunity for the development of moderate income housing within the next five years;
175 (iii) for a town, may include, and for other municipalities, shall include[
176 recommendation to implement three or more of the following moderate income housing
177 strategies:
178 (A) rezone for densities necessary to facilitate the production of moderate income
179 housing;
180 (B) demonstrate investment in the rehabilitation or expansion of infrastructure that
181 facilitates the construction of moderate income housing;
182 (C) demonstrate investment in the rehabilitation of existing uninhabitable housing
183 stock into moderate income housing;
184 (D) identify and utilize general fund subsidies or other sources of revenue to waive
185 construction related fees that are otherwise generally imposed by the municipality for the
186 construction or rehabilitation of moderate income housing;
187 (E) create or allow for, and reduce regulations related to, internal or detached accessory
188 dwelling units in residential zones;
189 (F) zone or rezone for higher density or moderate income residential development in
190 commercial or mixed-use zones near major transit investment corridors, commercial centers, or
191 employment centers;
192 (G) amend land use regulations to allow for higher density or new moderate income
193 residential development in commercial or mixed-use zones near major transit investment
194 corridors;
195 (H) amend land use regulations to eliminate or reduce parking requirements for
196 residential development where a resident is less likely to rely on the resident's own vehicle,
197 such as residential development near major transit investment corridors or senior living
198 facilities;
199 (I) amend land use regulations to allow for single room occupancy developments;
200 (J) implement zoning incentives for moderate income units in new developments;
201 (K) preserve existing and new moderate income housing and subsidized units by
202 utilizing a landlord incentive program, providing for deed restricted units through a grant
203 program, or, notwithstanding Section 10-9a-535, establishing a housing loss mitigation fund;
204 (L) reduce, waive, or eliminate impact fees related to moderate income housing;
205 (M) demonstrate creation of, or participation in, a community land trust program for
206 moderate income housing;
207 (N) implement a mortgage assistance program for employees of the municipality, an
208 employer that provides contracted services to the municipality, or any other public employer
209 that operates within the municipality;
210 (O) apply for or partner with an entity that applies for state or federal funds or tax
211 incentives to promote the construction of moderate income housing, an entity that applies for
212 programs offered by the Utah Housing Corporation within that agency's funding capacity, an
213 entity that applies for affordable housing programs administered by the Department of
214 Workforce Services, an entity that applies for affordable housing programs administered by an
215 association of governments established by an interlocal agreement under Title 11, Chapter 13,
216 Interlocal Cooperation Act, an entity that applies for services provided by a public housing
217 authority to preserve and create moderate income housing, or any other entity that applies for
218 programs or services that promote the construction or preservation of moderate income
219 housing;
220 (P) demonstrate utilization of a moderate income housing set aside from a community
221 reinvestment agency, redevelopment agency, or community development and renewal agency
222 to create or subsidize moderate income housing;
223 (Q) create a housing and transit reinvestment zone pursuant to Title 63N, Chapter 3,
224 Part 6, Housing and Transit Reinvestment Zone Act;
225 (R) eliminate impact fees for any accessory dwelling unit that is not an internal
226 accessory dwelling unit as defined in Section 10-9a-530;
227 (S) create a program to transfer development rights for moderate income housing;
228 (T) ratify a joint acquisition agreement with another local political subdivision for the
229 purpose of combining resources to acquire property for moderate income housing;
230 (U) develop a moderate income housing project for residents who are disabled or 55
231 years old or older;
232 (V) develop and adopt a station area plan in accordance with Section 10-9a-403.1;
233 (W) create or allow for, and reduce regulations related to, multifamily residential
234 dwellings compatible in scale and form with detached single-family residential dwellings and
235 located in walkable communities within residential or mixed-use zones; and
236 (X) demonstrate implementation of any other program or strategy to address the
237 housing needs of residents of the municipality who earn less than 80% of the area median
238 income, including the dedication of a local funding source to moderate income housing or the
239 adoption of a land use ordinance that requires 10% or more of new residential development in a
240 residential zone be dedicated to moderate income housing; and
241 (iv) in addition to the recommendations required under Subsection (2)(b)(iii), for a
242 municipality that has a fixed guideway public transit station, shall include a recommendation to
243 implement:
244 (A) the strategy described in Subsection (2)(b)(iii)(V); and
245 (B) a strategy described in Subsection (2)(b)(iii)(G), (H), or (Q).
246 (c) (i) In drafting the implementation plan portion of the moderate income housing
247 element as described in Subsection (2)(a)(iii)(C), the planning commission shall establish a
248 timeline for implementing each of the moderate income housing strategies selected by the
249 municipality for implementation.
250 (ii) The timeline described in Subsection (2)(c)(i) shall:
251 (A) identify specific measures and benchmarks for implementing each moderate
252 income housing strategy selected by the municipality, whether one-time or ongoing; and
253 (B) provide flexibility for the municipality to make adjustments as needed.
254 (d) In drafting the land use element, the planning commission shall:
255 (i) identify and consider each agriculture protection area within the municipality;
256 (ii) avoid proposing a use of land within an agriculture protection area that is
257 inconsistent with or detrimental to the use of the land for agriculture; and
258 (iii) consider and coordinate with any station area plans adopted by the municipality if
259 required under Section 10-9a-403.1.
260 (e) In drafting the transportation and traffic circulation element, the planning
261 commission shall:
262 (i) (A) consider and coordinate with the regional transportation plan developed by the
263 municipality's region's metropolitan planning organization, if the municipality is within the
264 boundaries of a metropolitan planning organization; or
265 (B) consider and coordinate with the long-range transportation plan developed by the
266 Department of Transportation, if the municipality is not within the boundaries of a
267 metropolitan planning organization; and
268 (ii) consider and coordinate with any station area plans adopted by the municipality if
269 required under Section 10-9a-403.1.
270 (f) In drafting the water use and preservation element, the planning commission:
271 (i) shall consider:
272 (A) applicable regional water conservation goals recommended by the Division of
273 Water Resources; and
274 (B) if Section 73-10-32 requires the municipality to adopt a water conservation plan
275 pursuant to Section 73-10-32, the municipality's water conservation plan;
276 (ii) shall include a recommendation for:
277 (A) water conservation policies to be determined by the municipality; and
278 (B) landscaping options within a public street for current and future development that
279 do not require the use of lawn or turf in a parkstrip;
280 (iii) shall review the municipality's land use ordinances and include a recommendation
281 for changes to an ordinance that promotes the inefficient use of water;
282 (iv) shall consider principles of sustainable landscaping, including the:
283 (A) reduction or limitation of the use of lawn or turf;
284 (B) promotion of site-specific landscape design that decreases stormwater runoff or
285 runoff of water used for irrigation;
286 (C) preservation and use of healthy trees that have a reasonable water requirement or
287 are resistant to dry soil conditions;
288 (D) elimination or regulation of ponds, pools, and other features that promote
289 unnecessary water evaporation;
290 (E) reduction of yard waste; and
291 (F) use of an irrigation system, including drip irrigation, best adapted to provide the
292 optimal amount of water to the plants being irrigated;
293 (v) shall consult with the public water system or systems serving the municipality with
294 drinking water regarding how implementation of the land use element and water use and
295 preservation element may affect:
296 (A) water supply planning, including drinking water source and storage capacity
297 consistent with Section 19-4-114; and
298 (B) water distribution planning, including master plans, infrastructure asset
299 management programs and plans, infrastructure replacement plans, and impact fee facilities
300 plans;
301 (vi) may include recommendations for additional water demand reduction strategies,
302 including:
303 (A) creating a water budget associated with a particular type of development;
304 (B) adopting new or modified lot size, configuration, and landscaping standards that
305 will reduce water demand for new single family development;
306 (C) providing one or more water reduction incentives for existing development such as
307 modification of existing landscapes and irrigation systems and installation of water fixtures or
308 systems that minimize water demand;
309 (D) discouraging incentives for economic development activities that do not adequately
310 account for water use or do not include strategies for reducing water demand; and
311 (E) adopting water concurrency standards requiring that adequate water supplies and
312 facilities are or will be in place for new development; and
313 (vii) for a town, may include, and for another municipality, shall include, a
314 recommendation for low water use landscaping standards for a new:
315 (A) commercial, industrial, or institutional development;
316 (B) common interest community, as defined in Section 57-25-102; or
317 (C) multifamily housing project.
318 (3) The proposed general plan may include:
319 (a) an environmental element that addresses:
320 (i) the protection, conservation, development, and use of natural resources, including
321 the quality of:
322 (A) air;
323 (B) forests;
324 (C) soils;
325 (D) rivers;
326 (E) groundwater and other waters;
327 (F) harbors;
328 (G) fisheries;
329 (H) wildlife;
330 (I) minerals; and
331 (J) other natural resources; and
332 (ii) (A) the reclamation of land, flood control, prevention and control of the pollution
333 of streams and other waters;
334 (B) the regulation of the use of land on hillsides, stream channels and other
335 environmentally sensitive areas;
336 (C) the prevention, control, and correction of the erosion of soils;
337 (D) the preservation and enhancement of watersheds and wetlands; and
338 (E) the mapping of known geologic hazards;
339 (b) a public services and facilities element showing general plans for sewage, water,
340 waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
341 police and fire protection, and other public services;
342 (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
343 programs for:
344 (i) historic preservation;
345 (ii) the diminution or elimination of a development impediment as defined in Section
346 17C-1-102; and
347 (iii) redevelopment of land, including housing sites, business and industrial sites, and
348 public building sites;
349 (d) an economic element composed of appropriate studies and forecasts, as well as an
350 economic development plan, which may include review of existing and projected municipal
351 revenue and expenditures, revenue sources, identification of basic and secondary industry,
352 primary and secondary market areas, employment, and retail sales activity;
353 (e) recommendations for implementing all or any portion of the general plan, including
354 the adoption of land and water use ordinances, capital improvement plans, community
355 development and promotion, and any other appropriate action;
356 (f) provisions addressing any of the matters listed in Subsection 10-9a-401(2) or (3);
357 and
358 (g) any other element the municipality considers appropriate.
359 Section 3. Section 10-9a-403.1 is amended to read:
360 10-9a-403.1. Station area plan requirements -- Contents -- Review and
361 certification by applicable metropolitan planning organization.
362 (1) As used in this section:
363 (a) "Applicable metropolitan planning organization" means the metropolitan planning
364 organization that has jurisdiction over the area in which a fixed guideway public transit station
365 is located.
366 (b) "Applicable public transit district" means the public transit district, as defined in
367 Section 17B-2a-802, of which a fixed guideway public transit station is included.
368 (c) "Existing fixed guideway public transit station" means a fixed guideway public
369 transit station for which construction begins before June 1, 2022.
370 (d) "Fixed guideway" means the same as that term is defined in Section 59-12-102.
371 (e) "Metropolitan planning organization" means an organization established under 23
372 U.S.C. Sec. 134.
373 (f) "New fixed guideway public transit station" means a fixed guideway public transit
374 station for which construction begins on or after June 1, 2022.
375 (g) "Qualifying land use [
376 (i) that involves land located within a station area for an existing public transit station
377 that provides rail services;
378 (ii) that involves land located within a station area for which the municipality has not
379 yet satisfied the requirements of Subsection (2)(a);
380 (iii) that proposes the development of an area greater than five contiguous acres, with
381 no less than 51% of the acreage within the station area;
382 (iv) that would require the municipality to amend the municipality's general plan or
383 change a zoning designation for the land use application to be approved;
384 (v) that would require a higher density than the density currently allowed by the
385 municipality;
386 (vi) that proposes the construction of new residential units, at least 10% of which are
387 dedicated to moderate income housing; and
388 (vii) for which the land use applicant requests the municipality to initiate the process of
389 satisfying the requirements of Subsection (2)(a) for the station area in which the development
390 is proposed, subject to Subsection (3)(d).
391 (h) (i) "Station area" means:
392 (A) for a fixed guideway public transit station that provides rail services, the area
393 within a one-half mile radius of the center of the fixed guideway public transit station platform;
394 or
395 (B) for a fixed guideway public transit station that provides bus services only, the area
396 within a one-fourth mile radius of the center of the fixed guideway public transit station
397 platform.
398 (ii) "Station area" includes any parcel bisected by the radius limitation described in
399 Subsection (1)(h)(i)(A) or (B).
400 (i) "Station area plan" means a plan that:
401 (i) establishes a vision, and the actions needed to implement that vision, for the
402 development of land within a station area; and
403 (ii) is developed and adopted in accordance with this section.
404 (2) (a) Subject to the requirements of this section, a municipality that has a fixed
405 guideway public transit station located within the municipality's boundaries shall, for the
406 station area:
407 (i) develop and adopt a station area plan; and
408 (ii) adopt any appropriate land use regulations to implement the station area plan.
409 (b) The requirements of Subsection (2)(a) shall be considered satisfied if:
410 (i) [
411
412
413
414
415 [
416
417 (A) the municipality has already adopted plans or ordinances, approved land use
418 applications, approved agreements or financing, or investments have been made, before June 1,
419 2022, that substantially promote each of the objectives in Subsection (7)(a) within the station
420 area, and can demonstrate that such plans, ordinances, approved land use applications,
421 approved agreements or financing, or investments are still relevant to making meaningful
422 progress towards achieving such objectives; and
423 (B) the municipality adopts a resolution finding that the objectives of Subsection (7)(a)
424 have been substantially promoted.
425 (ii) (A) the municipality has determined that conditions exist that make satisfying a
426 portion or all of the requirements of Subsection (2)(a) for a station area impracticable,
427 including conditions that relate to existing development, entitlements, land ownership, land
428 uses that make opportunities for new development and long-term redevelopment infeasible,
429 environmental limitations, market readiness, development impediment conditions, or other
430 similar conditions; and
431 (B) the municipality adopts a resolution describing the conditions that exist to make
432 satisfying the requirements of Subsection (2)(a) impracticable.
433 (c) To the extent that previous actions by a municipality do not satisfy the requirements
434 of Subsection (2)(a) for a station area, the municipality shall take the actions necessary to
435 satisfy those requirements.
436 (3) (a) A municipality that has a new fixed guideway public transit station located
437 within the municipality's boundaries shall satisfy the requirements of Subsection (2)(a) for the
438 station area surrounding the new fixed guideway public transit station before the new fixed
439 guideway public transit station begins transit services.
440 (b) Except as provided in Subsections (3)(c) and (d), a municipality that has an existing
441 fixed guideway public transit station located within the municipality's boundaries shall satisfy
442 the requirements of Subsection (2)(a) for the station area surrounding the existing fixed
443 guideway public transit station on or before December 31, 2025.
444 (c) If a municipality has more than four existing fixed guideway public transit stations
445 located within the municipality's boundaries, the municipality shall:
446 (i) on or before December 31, 2025, satisfy the requirements of Subsection (2)(a) for
447 four or more station areas located within the municipality; and
448 (ii) on or before December 31 of each year thereafter, satisfy the requirements of
449 Subsection (2)(a) for no less than two station areas located within the municipality until the
450 municipality has satisfied the requirements of Subsection (2)(a) for each station area located
451 within the municipality.
452 (d) (i) Subject to Subsection (3)(d)(ii):
453 (A) if a municipality receives a complete qualifying land use [
454 or before July 1, 2022, the municipality shall satisfy the requirements of Subsection (2)(a) for
455 the station area in which the development is proposed on or before July 1, 2023; and
456 (B) if a municipality receives a complete qualifying land use [
457 July 1, 2022, the municipality shall satisfy the requirements of Subsection (2)(a) for the station
458 area in which the development is proposed within a 12-month period beginning on the first day
459 of the month immediately following the month in which the qualifying land use [
460 petition is submitted to the municipality, and shall notify the applicable metropolitan planning
461 organization of the receipt of the qualified land use petition within 45 days of the date of
462 receipt.
463 (ii) (A) A municipality is not required to satisfy the requirements of Subsection (2)(a)
464 for more than two station areas under Subsection (3)(d)(i) within any 12-month period.
465 (B) If a municipality receives more than two complete qualifying land use
466 [
467 for which the municipality will satisfy the requirements of Subsection (2)(a) in accordance with
468 Subsection (3)(d)(i)(A).
469 (iii) A municipality shall process on a first priority basis a land use application,
470 including an application for a building permit, if:
471 (A) the land use application is for a residential use within a station area for which the
472 municipality has not satisfied the requirements of Subsection (2)(a); and
473 (B) the municipality would be required to change a zoning designation for the land use
474 application to be approved.
475 (e) Notwithstanding Subsections (3)(a) through (d), the time period for satisfying the
476 requirements of Subsection (2)(a) for a station area may be extended once for a period of 12
477 months if:
478 (i) the municipality demonstrates to the applicable metropolitan planning organization
479 that conditions exist that make satisfying the requirements of Subsection (2)(a) within the
480 required time period infeasible, despite the municipality's good faith efforts; and
481 (ii) the applicable metropolitan planning organization certifies to the municipality in
482 writing that the municipality satisfied the demonstration in Subsection (3)(e)(i).
483 (4) (a) Except as provided in Subsection (4)(b), if a station area is included within the
484 boundaries of more than one municipality, each municipality with jurisdiction over the station
485 area shall satisfy the requirements of Subsection (2)(a) for the portion of the station area over
486 which the municipality has jurisdiction.
487 (b) Two or more municipalities with jurisdiction over a station area may coordinate to
488 develop a shared station area plan for the entire station area.
489 (5) A municipality that has more than one fixed guideway public transit station located
490 within the municipality may, through an integrated process, develop station area plans for
491 multiple station areas if the station areas are within close proximity of each other.
492 (6) (a) A municipality that is required to develop and adopt a station area plan under
493 this section may request technical assistance from the applicable metropolitan planning
494 organization.
495 (b) An applicable metropolitan planning organization that receives funds from the
496 Governor's Office of Economic Opportunity under Section 63N-3-113 shall, when utilizing the
497 funds, give priority consideration to requests for technical assistance for station area plans
498 required under Subsection (3)(d).
499 (7) (a) A station area plan shall promote the following objectives within the station
500 area:
501 (i) increasing the availability and affordability of housing, including moderate income
502 housing;
503 (ii) promoting sustainable environmental conditions;
504 (iii) enhancing access to opportunities; and
505 (iv) increasing transportation choices and connections.
506 (b) (i) To promote the objective described in Subsection (7)(a)(i), a municipality may
507 consider implementing the following actions:
508 (A) aligning the station area plan with the moderate income housing element of the
509 municipality's general plan;
510 (B) providing for densities necessary to facilitate the development of moderate income
511 housing;
512 (C) providing for affordable costs of living in connection with housing, transportation,
513 and parking; or
514 (D) any other similar action that promotes the objective described in Subsection
515 (7)(a)(i).
516 (ii) To promote the objective described in Subsection (7)(a)(ii), a municipality may
517 consider implementing the following actions:
518 (A) conserving water resources through efficient land use;
519 (B) improving air quality by reducing fuel consumption and motor vehicle trips;
520 (C) establishing parks, open spaces, and recreational opportunities; or
521 (D) any other similar action that promotes the objective described in Subsection
522 (7)(a)(ii).
523 (iii) To promote the objective described in Subsection (7)(a)(iii), a municipality may
524 consider the following actions:
525 (A) maintaining and improving the connections between housing, transit, employment,
526 education, recreation, and commerce;
527 (B) encouraging mixed-use development;
528 (C) enabling employment and educational opportunities within the station area;
529 (D) encouraging and promoting enhanced broadband connectivity; or
530 (E) any other similar action that promotes the objective described in Subsection
531 (7)(a)(iii).
532 (iv) To promote the objective described in Subsection (7)(a)(iv), a municipality may
533 consider the following:
534 (A) supporting investment in infrastructure for all modes of transportation;
535 (B) increasing utilization of public transit;
536 (C) encouraging safe streets through the designation of pedestrian walkways and
537 bicycle lanes;
538 (D) encouraging manageable and reliable traffic conditions;
539 (E) aligning the station area plan with the regional transportation plan of the applicable
540 metropolitan planning organization; or
541 (F) any other similar action that promotes the objective described in Subsection
542 (7)(a)(iv).
543 (8) A station area plan shall include the following components:
544 (a) a station area vision that:
545 (i) is consistent with Subsection (7); and
546 (ii) describes the following:
547 (A) opportunities for the development of land within the station area under existing
548 conditions;
549 (B) constraints on the development of land within the station area under existing
550 conditions;
551 (C) the municipality's objectives for the transportation system within the station area
552 and the future transportation system that meets those objectives;
553 (D) the municipality's objectives for land uses within the station area and the future
554 land uses that meet those objectives;
555 (E) the municipality's objectives for public and open spaces within the station area and
556 the future public and open spaces that meet those objectives; and
557 (F) the municipality's objectives for the development of land within the station area and
558 the future development standards that meet those objectives;
559 (b) a map that depicts:
560 [
561
562 (i) the station area;
563 (ii) the area within the station area to which the station area plan applies, provided that
564 the station area plan may apply to areas outside the station area, and the station area plan is not
565 required to apply to the entire station area; and
566 [
567 (c) an implementation plan that identifies and describes each action needed within the
568 next five years to implement the station area plan, and the party responsible for taking each
569 action, including any actions to:
570 (i) modify land use regulations;
571 (ii) make infrastructure improvements;
572 (iii) modify deeds or other relevant legal documents;
573 (iv) secure funding or develop funding strategies;
574 (v) establish design standards for development within the station area; or
575 (vi) provide environmental remediation;
576 (d) a statement that explains how the station area plan promotes the objectives
577 described in Subsection (7)(a); and
578 (e) as an alternative or supplement to the requirements of Subsection (7) or this
579 Subsection (8), and for purposes of Subsection (2)(b)(ii), a statement that describes any
580 conditions that would make the following impracticable:
581 (i) promoting the objectives described in Subsection (7)(a); or
582 (ii) satisfying the requirements of this Subsection (8).
583 (9) A municipality shall develop a station area plan with the involvement of all
584 relevant stakeholders that have an interest in the station area through public outreach and
585 community engagement, including:
586 (a) other impacted communities;
587 (b) the applicable public transit district;
588 (c) the applicable metropolitan planning organization;
589 (d) the Department of Transportation;
590 (e) owners of property within the station area; and
591 (f) the municipality's residents and business owners.
592 (10) (a) A municipality that is required to develop and adopt a station area plan for a
593 station area under this section shall submit to the applicable metropolitan planning organization
594 and the applicable public transit district documentation evidencing that the municipality has
595 satisfied the requirement of Subsection (2)(a)(i) for the station area, including:
596 (i) a station area plan; or
597 (ii) a resolution adopted under Subsection (2)(b)(i) or (ii).
598 (b) The applicable metropolitan planning organization, in consultation with the
599 applicable public transit district, shall:
600 (i) review the documentation submitted under Subsection (10)(a) to determine the
601 municipality's compliance with this section; and
602 (ii) provide written certification to the municipality if the applicable metropolitan
603 planning organization determines that the municipality has satisfied the requirement of
604 Subsection (2)(a)(i) for the station area.
605 (c) The municipality shall include the certification described in Subsection (10)(b)(ii)
606 in the municipality's report to the Department of Workforce Services under Section 10-9a-408.
607 Section 4. Section 17B-2a-808.2 is amended to read:
608 17B-2a-808.2. Large public transit district local advisory council -- Powers and
609 duties.
610 (1) A large public transit district shall create and consult with a local advisory council.
611 (2) (a) (i) For a large public transit district in existence as of January 1, 2019, the local
612 advisory council shall have membership selected as described in Subsection (2)(b).
613 (ii) (A) For a large public transit district created after January 1, 2019, the political
614 subdivision or subdivisions forming the large public transit district shall submit to the
615 Legislature for approval a proposal for the appointments to the local advisory council of the
616 large public transit district similar to the appointment process described in Subsection (2)(b).
617 (B) Upon approval of the Legislature, each nominating individual or body shall appoint
618 individuals to the local advisory council.
619 (b) (i) The council of governments of Salt Lake County shall appoint three members to
620 the local advisory council.
621 (ii) The mayor of Salt Lake City shall appoint one member to the local advisory
622 council.
623 (iii) The council of governments of Utah County shall appoint two members to the
624 local advisory council.
625 (iv) The council of governments of Davis County and Weber County shall each appoint
626 one member to the local advisory council.
627 (v) The councils of governments of Box Elder County and Tooele County shall jointly
628 appoint one member to the local advisory council.
629 (3) The local advisory council shall meet at least quarterly in a meeting open to the
630 public for comment to discuss the service, operations, and any concerns with the public transit
631 district operations and functionality.
632 (4) (a) The duties of the local advisory council shall include:
633 [
634 except as provided in Subsection (4)(b), may not exceed $150,000 for a newly appointed board
635 member, plus additional retirement and other standard benefits;
636 [
637 trustees of the large public transit district service plans at least every two and one-half years;
638 [
639 of the Department of Transportation as described in Section 72-1-202, reviewing, approving,
640 and recommending final adoption by the board of trustees of project development plans,
641 including funding, of all new capital development projects;
642 [
643 trustees of any plan for a transit-oriented development where a large public transit district is
644 involved;
645 [
646 transit district to ensure coordination with local municipalities and counties;
647 [
648 public transit district;
649 [
650 district to the board of trustees; and
651 [
652 (b) The local advisory board may approve an increase in the compensation for
653 members of the board of trustees based on a cost-of-living adjustment at the same rate as
654 government employees of the state for the same year.
655 (5) The local advisory council shall meet at least quarterly with and consult with the
656 board of trustees and advise regarding the operation and management of the public transit
657 district.
658 Section 5. Section 20A-7-601 is amended to read:
659 20A-7-601. Referenda -- General signature requirements -- Signature
660 requirements for land use laws, subjurisdictional laws, and transit area land use laws --
661 Time requirements.
662 (1) As used in this section:
663 (a) "Number of active voters" means the number of active voters in the county, city, or
664 town on the immediately preceding January 1.
665 (b) "Qualifying county" means a county that has created a small public transit district,
666 as defined in Section 17B-2a-802, on or before January 1, 2022.
667 (c) "Qualifying transit area" means:
668 (i) a station area, as defined in Section 10-9a-403.1, for which the municipality with
669 jurisdiction over the station area has satisfied the requirements of Subsection
670 10-9a-403.1(2)(a)(i), as demonstrated by the adoption of a station area plan or resolution under
671 Subsection 10-9a-403.1(2); or
672 (ii) a housing and transit reinvestment zone, as defined in Section 63N-3-602, created
673 within a qualifying county.
674 (d) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
675 jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
676 (e) (i) "Subjurisdictional law" means a local law or local obligation law passed by a
677 local legislative body that imposes a tax or other payment obligation on property in an area that
678 does not include all precincts and subprecincts under the jurisdiction of the county, city, town,
679 or metro township.
680 (ii) "Subjurisdictional law" does not include a land use law.
681 (f) "Transit area land use law" means a land use law that relates to the use of land
682 within a qualifying transit area.
683 (g) "Voter participation area" means an area described in Subsection 20A-7-401.3(1)(a)
684 or (2)(b).
685 (2) Except as provided in Subsections (3) through (5), an eligible voter seeking to have
686 a local law passed by the local legislative body submitted to a vote of the people shall obtain
687 legal signatures equal to:
688 (a) for a county of the first class:
689 (i) 7.75% of the number of active voters in the county; and
690 (ii) beginning on January 1, 2020, 7.75% of the number of active voters in at least 75%
691 of the county's voter participation areas;
692 (b) for a metro township with a population of 100,000 or more, or a city of the first
693 class:
694 (i) 7.5% of the number of active voters in the metro township or city; and
695 (ii) beginning on January 1, 2020, 7.5% of the number of active voters in at least 75%
696 of the metro township's or city's voter participation areas;
697 (c) for a county of the second class:
698 (i) 8% of the number of active voters in the county; and
699 (ii) beginning on January 1, 2020, 8% of the number of active voters in at least 75% of
700 the county's voter participation areas;
701 (d) for a metro township with a population of 65,000 or more but less than 100,000, or
702 a city of the second class:
703 (i) 8.25% of the number of active voters in the metro township or city; and
704 (ii) beginning on January 1, 2020, 8.25% of the number of active voters in at least 75%
705 of the metro township's or city's voter participation areas;
706 (e) for a county of the third class:
707 (i) 9.5% of the number of active voters in the county; and
708 (ii) beginning on January 1, 2020, 9.5% of the number of active voters in at least 75%
709 of the county's voter participation areas;
710 (f) for a metro township with a population of 30,000 or more but less than 65,000, or a
711 city of the third class:
712 (i) 10% of the number of active voters in the metro township or city; and
713 (ii) beginning on January 1, 2020, 10% of the number of active voters in at least 75%
714 of the metro township's or city's voter participation areas;
715 (g) for a county of the fourth class:
716 (i) 11.5% of the number of active voters in the county; and
717 (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
718 of the county's voter participation areas;
719 (h) for a metro township with a population of 10,000 or more but less than 30,000, or a
720 city of the fourth class:
721 (i) 11.5% of the number of active voters in the metro township or city; and
722 (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
723 of the metro township's or city's voter participation areas;
724 (i) for a metro township with a population of 1,000 or more but less than 10,000, a city
725 of the fifth class, or a county of the fifth class, 25% of the number of active voters in the metro
726 township, city, or county; or
727 (j) for a metro township with a population of less than 1,000, a town, or a county of the
728 sixth class, 35% of the number of active voters in the metro township, town, or county.
729 (3) Except as provided in Subsection (4) or (5), an eligible voter seeking to have a land
730 use law or local obligation law passed by the local legislative body submitted to a vote of the
731 people shall obtain legal signatures equal to:
732 (a) for a county of the first, second, third, or fourth class:
733 (i) 16% of the number of active voters in the county; and
734 (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
735 of the county's voter participation areas;
736 (b) for a county of the fifth or sixth class:
737 (i) 16% of the number of active voters in the county; and
738 (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
739 of the county's voter participation areas;
740 (c) for a metro township with a population of 100,000 or more, or a city of the first
741 class:
742 (i) 15% of the number of active voters in the metro township or city; and
743 (ii) beginning on January 1, 2020, 15% of the number of active voters in at least 75%
744 of the metro township's or city's voter participation areas;
745 (d) for a metro township with a population of 65,000 or more but less than 100,000, or
746 a city of the second class:
747 (i) 16% of the number of active voters in the metro township or city; and
748 (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
749 of the metro township's or city's voter participation areas;
750 (e) for a metro township with a population of 30,000 or more but less than 65,000, or a
751 city of the third class:
752 (i) 27.5% of the number of active voters in the metro township or city; and
753 (ii) beginning on January 1, 2020, 27.5% of the number of active voters in at least 75%
754 of the metro township's or city's voter participation areas;
755 (f) for a metro township with a population of 10,000 or more but less than 30,000, or a
756 city of the fourth class:
757 (i) 29% of the number of active voters in the metro township or city; and
758 (ii) beginning on January 1, 2020, 29% of the number of active voters in at least 75%
759 of the metro township's or city's voter participation areas;
760 (g) for a metro township with a population of 1,000 or more but less than 10,000, or a
761 city of the fifth class, 35% of the number of active voters in the metro township or city; or
762 (h) for a metro township with a population of less than 1,000 or a town, 40% of the
763 number of active voters in the metro township or town.
764 (4) A person seeking to have a subjurisdictional law passed by the local legislative
765 body submitted to a vote of the people shall obtain legal signatures of the residents in the
766 subjurisdiction equal to:
767 (a) 10% of the number of active voters in the subjurisdiction if the number of active
768 voters exceeds 25,000;
769 (b) 12-1/2% of the number of active voters in the subjurisdiction if the number of
770 active voters does not exceed 25,000 but is more than 10,000;
771 (c) 15% of the number of active voters in the subjurisdiction if the number of active
772 voters does not exceed 10,000 but is more than 2,500;
773 (d) 20% of the number of active voters in the subjurisdiction if the number of active
774 voters does not exceed 2,500 but is more than 500;
775 (e) 25% of the number of active voters in the subjurisdiction if the number of active
776 voters does not exceed 500 but is more than 250; and
777 (f) 30% of the number of active voters in the subjurisdiction if the number of active
778 voters does not exceed 250.
779 (5) An eligible voter seeking to have a transit area land use law passed by the local
780 legislative body submitted to a vote of the people shall obtain legal signatures equal to:
781 (a) for a county:
782 (i) 20% of the number of active voters in the county; and
783 (ii) 21% of the number of active voters in at least 75% of the county's voter
784 participation areas;
785 (b) for a metro township with a population of 100,000 or more, or a city of the first
786 class:
787 (i) 20% of the number of active voters in the metro township or city; and
788 (ii) 20% of the number of active voters in at least 75% of the metro township's or city's
789 voter participation areas;
790 (c) for a metro township with a population of 65,000 or more but less than 100,000, or
791 a city of the second class:
792 (i) 20% of the number of active voters in the metro township or city; and
793 (ii) 21% of the number of active voters in at least 75% of the metro township's or city's
794 voter participation areas;
795 (d) for a metro township with a population of 30,000 or more but less than 65,000, or a
796 city of the third class:
797 (i) 34% of the number of active voters in the metro township or city; and
798 (ii) 34% of the number of active voters in at least 75% of the metro township's or city's
799 voter participation areas;
800 (e) for a metro township with a population of 10,000 or more but less than 30,000, or a
801 city of the fourth class:
802 (i) 36% of the number of active voters in the metro township or city; and
803 (ii) 36% of the number of active voters in at least 75% of the metro township's or city's
804 voter participation areas; or
805 (f) for a metro township with a population less than 10,000, a city of the fifth class, or a
806 town, 40% of the number of active voters in the metro township, city, or town.
807 (6) Sponsors of any referendum petition challenging, under Subsection (2), (3), (4), or
808 (5), any local law passed by a local legislative body shall file the application before 5 p.m.
809 within seven days after the day on which the local law was passed.
810 (7) Nothing in this section authorizes a local legislative body to impose a tax or other
811 payment obligation on a subjurisdiction in order to benefit an area outside of the
812 subjurisdiction.
813 Section 6. Section 41-1a-1201 is amended to read:
814 41-1a-1201. Disposition of fees.
815 (1) All fees received and collected under this part shall be transmitted daily to the state
816 treasurer.
817 (2) Except as provided in Subsections (3), (6), (7), (8), and (9) and Sections 41-1a-422,
818 41-1a-1205, 41-1a-1220, 41-1a-1221, 41-1a-1222, and 41-1a-1223 all fees collected under this
819 part shall be deposited into the Transportation Fund.
820 (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), and (7) and
821 Section 41-1a-1212 may be used by the commission to cover the costs incurred in issuing
822 license plates under Part 4, License Plates and Registration Indicia.
823 (4) In accordance with Section 63J-1-602.2, all funds available to the commission for
824 the purchase and distribution of license plates and decals are nonlapsing.
825 (5) (a) Except as provided in Subsections (3) and (5)(b) and Section 41-1a-1205, the
826 expenses of the commission in enforcing and administering this part shall be provided for by
827 legislative appropriation from the revenues of the Transportation Fund.
828 (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
829 and (b) for each vehicle registered for a six-month registration period under Section
830 41-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
831 administering this part.
832 (c) Fifty cents of the registration fee imposed under Subsection 41-1a-1206(1)(i) for
833 each vintage vehicle that has a model year of 1981 or newer may be used by the commission to
834 cover the costs incurred in enforcing and administering this part.
835 (6) (a) The following portions of the registration fees imposed under Section
836 41-1a-1206 for each vehicle shall be deposited into the Transportation Investment Fund of
837 2005 created under Section 72-2-124:
838 (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
839 (1)(f), (4), and (7);
840 (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
841 (1)(c)(ii);
842 (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
843 (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
844 (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
845 (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
846 (b) The following portions of the registration fees collected for each vehicle registered
847 for a six-month registration period under Section 41-1a-215.5 shall be deposited into the
848 Transportation Investment Fund of 2005 created by Section 72-2-124:
849 (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and
850 (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii).
851 (7) (a) Ninety-four cents of each registration fee imposed under Subsections
852 41-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Public Safety Restricted
853 Account created in Section 53-3-106.
854 (b) Seventy-one cents of each registration fee imposed under Subsections
855 41-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
856 Section 41-1a-215.5 shall be deposited into the Public Safety Restricted Account created in
857 Section 53-3-106.
858 (8) (a) One dollar of each registration fee imposed under Subsections 41-1a-1206(1)(a)
859 and (b) for each vehicle shall be deposited into the Motor Vehicle Safety Impact Restricted
860 Account created in Section 53-8-214.
861 (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
862 and (b) for each vehicle registered for a six-month registration period under Section
863 41-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
864 created in Section 53-8-214.
865 (9) Fifty cents of each registration fee imposed under Subsection 41-1a-1206(1)(a) for
866 each motorcycle shall be deposited into the Spinal Cord and Brain Injury Rehabilitation Fund
867 created in Section 26-54-102.
868 Section 7. Section 41-6a-102 is amended to read:
869 41-6a-102. Definitions.
870 As used in this chapter:
871 (1) "Alley" means a street or highway intended to provide access to the rear or side of
872 lots or buildings in urban districts and not intended for through vehicular traffic.
873 (2) "All-terrain type I vehicle" means the same as that term is defined in Section
874 41-22-2.
875 (3) "Authorized emergency vehicle" includes:
876 (a) fire department vehicles;
877 (b) police vehicles;
878 (c) ambulances; and
879 (d) other publicly or privately owned vehicles as designated by the commissioner of the
880 Department of Public Safety.
881 (4) "Autocycle" means the same as that term is defined in Section 53-3-102.
882 (5) (a) "Bicycle" means a wheeled vehicle:
883 (i) propelled by human power by feet or hands acting upon pedals or cranks;
884 (ii) with a seat or saddle designed for the use of the operator;
885 (iii) designed to be operated on the ground; and
886 (iv) whose wheels are not less than 14 inches in diameter.
887 (b) "Bicycle" includes an electric assisted bicycle.
888 (c) "Bicycle" does not include scooters and similar devices.
889 (6) (a) "Bus" means a motor vehicle:
890 (i) designed for carrying more than 15 passengers and used for the transportation of
891 persons; or
892 (ii) designed and used for the transportation of persons for compensation.
893 (b) "Bus" does not include a taxicab.
894 (7) (a) "Circular intersection" means an intersection that has an island, generally
895 circular in design, located in the center of the intersection where traffic passes to the right of
896 the island.
897 (b) "Circular intersection" includes:
898 (i) roundabouts;
899 (ii) rotaries; and
900 (iii) traffic circles.
901 (8) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in
902 Subsection [
903 (9) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in
904 Subsection [
905 (10) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in
906 Subsection [
907 (11) "Commissioner" means the commissioner of the Department of Public Safety.
908 (12) "Controlled-access highway" means a highway, street, or roadway:
909 (a) designed primarily for through traffic; and
910 (b) to or from which owners or occupants of abutting lands and other persons have no
911 legal right of access, except at points as determined by the highway authority having
912 jurisdiction over the highway, street, or roadway.
913 (13) "Crosswalk" means:
914 (a) that part of a roadway at an intersection included within the connections of the
915 lateral lines of the sidewalks on opposite sides of the highway measured from:
916 (i) (A) the curbs; or
917 (B) in the absence of curbs, from the edges of the traversable roadway; and
918 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
919 included within the extension of the lateral lines of the existing sidewalk at right angles to the
920 centerline; or
921 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
922 pedestrian crossing by lines or other markings on the surface.
923 (14) "Department" means the Department of Public Safety.
924 (15) "Direct supervision" means oversight at a distance within which:
925 (a) visual contact is maintained; and
926 (b) advice and assistance can be given and received.
927 (16) "Divided highway" means a highway divided into two or more roadways by:
928 (a) an unpaved intervening space;
929 (b) a physical barrier; or
930 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
931 (17) "Echelon formation" means the operation of two or more snowplows arranged
932 side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to clear snow
933 from two or more lanes at once.
934 [
935 (a) has a power output of not more than 750 watts;
936 (b) has fully operable pedals on permanently affixed cranks;
937 (c) is fully operable as a bicycle without the use of the electric motor; and
938 (d) is one of the following:
939 (i) an electric assisted bicycle equipped with a motor or electronics that:
940 (A) provides assistance only when the rider is pedaling; and
941 (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
942 hour;
943 (ii) an electric assisted bicycle equipped with a motor or electronics that:
944 (A) may be used exclusively to propel the bicycle; and
945 (B) is not capable of providing assistance when the bicycle reaches the speed of 20
946 miles per hour; or
947 (iii) an electric assisted bicycle equipped with a motor or electronics that:
948 (A) provides assistance only when the rider is pedaling;
949 (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
950 hour; and
951 (C) is equipped with a speedometer.
952 [
953 device with:
954 (i) two nontandem wheels in contact with the ground;
955 (ii) a system capable of steering and stopping the unit under typical operating
956 conditions;
957 (iii) an electric propulsion system with average power of one horsepower or 750 watts;
958 (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
959 (v) a deck design for a person to stand while operating the device.
960 (b) "Electric personal assistive mobility device" does not include a wheelchair.
961 [
962 commonly used or intended for the purpose of producing an explosion and that contains any
963 oxidizing and combustive units or other ingredients in proportions, quantities, or packing so
964 that an ignition by fire, friction, concussion, percussion, or detonator of any part of the
965 compound or mixture may cause a sudden generation of highly heated gases, and the resultant
966 gaseous pressures are capable of producing destructive effects on contiguous objects or of
967 causing death or serious bodily injury.
968 [
969 implement, for drawing plows, mowing machines, and other implements of husbandry.
970 [
971 less, as determined by a Tagliabue or equivalent closed-cup test device.
972 [
973 system as defined in Section 72-1-102.
974 [
975 (i) is designed for transportation by players on a golf course;
976 (ii) has not less than three wheels in contact with the ground;
977 (iii) has an unladen weight of less than 1,800 pounds;
978 (iv) is designed to operate at low speeds; and
979 (v) is designed to carry not more than six persons including the driver.
980 (b) "Golf cart" does not include:
981 (i) a low-speed vehicle or an off-highway vehicle;
982 (ii) a motorized wheelchair;
983 (iii) an electric personal assistive mobility device;
984 (iv) an electric assisted bicycle;
985 (v) a motor assisted scooter;
986 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
987 (vii) a mobile carrier, as defined in Section 41-6a-1120.
988 [
989 between a continuing lane of a through roadway and a lane used to enter or exit the continuing
990 lane including similar areas between merging or splitting highways.
991 [
992 weight of any load on the vehicle.
993 [
994 (a) manufactured to meet Federal Motor Vehicle Safety Standards; and
995 (b) equipped with retractable flanged wheels that allow the vehicle to travel on a
996 highway or railroad tracks.
997 [
998 place of any nature when any part of it is open to the use of the public as a matter of right for
999 vehicular travel.
1000 [
1001 72-1-102.
1002 [
1003 connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways
1004 of two or more highways that join one another.
1005 (b) Where a highway includes two roadways 30 feet or more apart:
1006 (i) every crossing of each roadway of the divided highway by an intersecting highway
1007 is a separate intersection; and
1008 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
1009 every crossing of two roadways of the highways is a separate intersection.
1010 (c) "Intersection" does not include the junction of an alley with a street or highway.
1011 [
1012 of vehicle movements or for pedestrian refuge designated by:
1013 (a) pavement markings, which may include an area designated by two solid yellow
1014 lines surrounding the perimeter of the area;
1015 (b) channelizing devices;
1016 (c) curbs;
1017 (d) pavement edges; or
1018 (e) other devices.
1019 [
1020 autocycle, the act of overtaking and passing another vehicle that is stopped in the same
1021 direction of travel in the same lane.
1022 [
1023 Section 53-1-102.
1024 [
1025 (a) that is designated specifically for through traffic; and
1026 (b) over, from, or to which neither owners nor occupants of abutting lands nor other
1027 persons have any right or easement, or have only a limited right or easement of access, light,
1028 air, or view.
1029 [
1030 body of a county, municipal, or other local board or body having authority to enact laws
1031 relating to traffic under the constitution and laws of the state.
1032 [
1033 (i) is designed to be operated at speeds of not more than 25 miles per hour; and
1034 (ii) has a capacity of not more than six passengers, including a conventional driver or
1035 fallback-ready user if on board the vehicle, as those terms are defined in Section 41-26-102.1.
1036 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
1037 [
1038 is wholly or partly of metal or other hard nonresilient material.
1039 [
1040 seat or saddle that is less than 24 inches from the ground as measured on a level surface with
1041 properly inflated tires.
1042 (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
1043 (c) "Mini-motorcycle" does not include a motorcycle that is:
1044 (i) designed for off-highway use; and
1045 (ii) registered as an off-highway vehicle under Section 41-22-3.
1046 [
1047 (a) a trailer or semitrailer that is:
1048 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
1049 place either permanently or temporarily; and
1050 (ii) equipped for use as a conveyance on streets and highways; or
1051 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
1052 constructed for use as a mobile home, as defined in Subsection [
1053 instead used permanently or temporarily for:
1054 (i) the advertising, sale, display, or promotion of merchandise or services; or
1055 (ii) any other commercial purpose except the transportation of property for hire or the
1056 transportation of property for distribution by a private carrier.
1057 [
1058 the person's extremities or difficulty with motor skills, that may include limitations with
1059 walking, grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other
1060 condition.
1061 [
1062 (i) pedals to permit propulsion by human power; and
1063 (ii) a motor that:
1064 (A) produces not more than two brake horsepower; and
1065 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
1066 level ground.
1067 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
1068 centimeters and the moped shall have a power drive system that functions directly or
1069 automatically without clutching or shifting by the operator after the drive system is engaged.
1070 (c) "Moped" does not include:
1071 (i) an electric assisted bicycle; or
1072 (ii) a motor assisted scooter.
1073 [
1074 (i) at least two wheels in contact with the ground;
1075 (ii) a braking system capable of stopping the unit under typical operating conditions;
1076 (iii) an electric motor not exceeding 2,000 watts;
1077 (iv) either:
1078 (A) handlebars and a deck design for a person to stand while operating the device; or
1079 (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating
1080 the device;
1081 (v) a design for the ability to be propelled by human power alone; and
1082 (vi) a maximum speed of 20 miles per hour on a paved level surface.
1083 (b) "Motor assisted scooter" does not include:
1084 (i) an electric assisted bicycle; or
1085 (ii) a motor-driven cycle.
1086 [
1087 is propelled by electric power obtained from overhead trolley wires, but not operated upon
1088 rails.
1089 (b) "Motor vehicle" does not include:
1090 (i) vehicles moved solely by human power;
1091 (ii) motorized wheelchairs;
1092 (iii) an electric personal assistive mobility device;
1093 (iv) an electric assisted bicycle;
1094 (v) a motor assisted scooter;
1095 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
1096 (vii) a mobile carrier, as defined in Section 41-6a-1120.
1097 [
1098 (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
1099 and designed to travel with not more than three wheels in contact with the ground; or
1100 (b) an autocycle.
1101 [
1102 bicycle having:
1103 (i) an engine with less than 150 cubic centimeters displacement; or
1104 (ii) a motor that produces not more than five horsepower.
1105 (b) "Motor-driven cycle" does not include:
1106 (i) an electric personal assistive mobility device;
1107 (ii) a motor assisted scooter; or
1108 (iii) an electric assisted bicycle.
1109 [
1110 defined under Section 41-22-2.
1111 [
1112 41-22-2.
1113 [
1114 [
1115 (a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
1116 (b) an automated driving system, as defined in Section 41-26-102.1, that operates a
1117 vehicle.
1118 [
1119 stock, or other device operated, alone or coupled with another device, on stationary rails.
1120 [
1121 is occupied or not.
1122 (b) "Park" or "parking" does not include:
1123 (i) the standing of a vehicle temporarily for the purpose of and while actually engaged
1124 in loading or unloading property or passengers; or
1125 (ii) a motor vehicle with an engaged automated driving system that has achieved a
1126 minimal risk condition, as those terms are defined in Section 41-26-102.1.
1127 [
1128 Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
1129 traffic laws.
1130 [
1131 (a) on foot; or
1132 (b) in a wheelchair.
1133 [
1134 regulate pedestrians.
1135 [
1136 corporation, business trust, estate, trust, partnership, limited liability company, association,
1137 joint venture, governmental agency, public corporation, or any other legal or commercial entity.
1138 [
1139 (a) designed to be drawn by another vehicle and attached to the towing vehicle by
1140 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
1141 (b) that is ordinarily used for transporting long or irregular shaped loads including
1142 poles, pipes, or structural members generally capable of sustaining themselves as beams
1143 between the supporting connections.
1144 [
1145 and used for vehicular travel by the owner and those having express or implied permission
1146 from the owner, but not by other persons.
1147 [
1148 stationary rails.
1149 [
1150 authority of a public body or official or by a railroad and intended to give notice of the presence
1151 of railroad tracks or the approach of a railroad train.
1152 [
1153 coupled with or operated without cars, and operated upon rails.
1154 [
1155 lawful manner in preference to another vehicle or pedestrian approaching under circumstances
1156 of direction, speed, and proximity that give rise to danger of collision unless one grants
1157 precedence to the other.
1158 [
1159 ordinarily used for vehicular travel.
1160 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
1161 them are used by persons riding bicycles or other human-powered vehicles.
1162 (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
1163 a highway includes two or more separate roadways.
1164 [
1165 for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
1166 signs as to be plainly visible at all times while set apart as a safety zone.
1167 [
1168 (i) complies with the color and identification requirements of the most recent edition of
1169 "Minimum Standards for School Buses"; and
1170 (ii) is used to transport school children to or from school or school activities.
1171 (b) "School bus" does not include a vehicle operated by a common carrier in
1172 transportation of school children to or from school or school activities.
1173 [
1174 (i) designed for carrying persons or property and for being drawn by a motor vehicle;
1175 and
1176 (ii) constructed so that some part of its weight and that of its load rests on or is carried
1177 by another vehicle.
1178 (b) "Semitrailer" does not include a pole trailer.
1179 [
1180 (a) that area of the hard-surfaced highway separated from the roadway by a pavement
1181 edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
1182 or
1183 (b) that portion of the road contiguous to the roadway for accommodation of stopped
1184 vehicles, for emergency use, and for lateral support.
1185 [
1186 lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
1187 [
1188 that is designated for the use of a bicycle.
1189 (b) "Soft-surface trail" does not mean a trail:
1190 (i) where the use of a motor vehicle or an electric assisted bicycle is prohibited by a
1191 federal law, regulation, or rule; or
1192 (ii) located in whole or in part on land granted to the state or a political subdivision
1193 subject to a conservation easement that prohibits the use of a motorized vehicle.
1194 [
1195 does not depend on compressed air for the support of the load.
1196 [
1197 occupied or not, for the purpose of and while actually engaged in receiving or discharging
1198 passengers.
1199 [
1200 [
1201 of a vehicle, whether occupied or not, except when:
1202 (a) necessary to avoid conflict with other traffic; or
1203 (b) in compliance with the directions of a peace officer or traffic-control device.
1204 [
1205 type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
1206 the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with
1207 Section 41-6a-1509.
1208 [
1209 72-9-102.
1210 [
1211 72-9-102.
1212 [
1213 conveyances either singly or together while using any highway for the purpose of travel.
1214 [
1215 designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
1216 [
1217 inconsistent with this chapter placed or erected by a highway authority for the purpose of
1218 regulating, warning, or guiding traffic.
1219 [
1220 mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
1221 [
1222 carrying persons or property and for being drawn by a motor vehicle and constructed so that no
1223 part of its weight rests upon the towing vehicle.
1224 (b) "Trailer" does not include a pole trailer.
1225 [
1226 the transportation of property.
1227 [
1228 (a) designed and used primarily for drawing other vehicles; and
1229 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
1230 tractor.
1231 [
1232 (a) provided for vehicle operators making left turns in either direction;
1233 (b) that is not used for passing, overtaking, or through travel; and
1234 (c) that has been indicated by a lane traffic-control device that may include lane
1235 markings.
1236 [
1237 in which structures devoted to business, industry, or dwelling houses are situated at intervals of
1238 less than 100 feet, for a distance of a quarter of a mile or more.
1239 [
1240 be transported or drawn on a highway, except a mobile carrier, as defined in Section
1241 41-6a-1120, or a device used exclusively on stationary rails or tracks.
1242 Section 8. Section 41-6a-704 is amended to read:
1243 41-6a-704. Overtaking and passing vehicles proceeding in same direction.
1244 (1) (a) [
1245 (i) the operator of a vehicle overtaking another vehicle proceeding in the same
1246 direction shall:
1247 (A) except as provided under Section 41-6a-705, promptly pass the overtaken vehicle
1248 on the left at a safe distance; and
1249 (B) enter a right-hand lane or the right side of the roadway only when safely clear of
1250 the overtaken vehicle;
1251 (ii) the operator of an overtaken vehicle:
1252 (A) shall give way to the right in favor of the overtaking vehicle; and
1253 (B) may not increase the speed of the vehicle until completely passed by the overtaking
1254 vehicle.
1255 (b) The exemption from the minimum speed regulations for a vehicle operating on a
1256 grade under Section 41-6a-605 does not exempt the vehicle from promptly passing a vehicle as
1257 required under Subsection (1)(a)(i)(A).
1258 (2) On a highway having more than one lane in the same direction, the operator of a
1259 vehicle traveling in the left general purpose lane:
1260 (a) shall, upon being overtaken by another vehicle in the same lane, yield to the
1261 overtaking vehicle by moving safely to a lane to the right; and
1262 (b) may not impede the movement or free flow of traffic in the left general purpose
1263 lane.
1264 (3) An operator of a vehicle traveling in the left general purpose lane that has a vehicle
1265 following directly behind the operator's vehicle at a distance so that less than two seconds
1266 elapse before reaching the location of the operator's vehicle when space is available for the
1267 operator to yield to the overtaking vehicle by traveling in the right-hand lane is prima facie
1268 evidence that the operator is violating Subsection (2).
1269 (4) The provisions of Subsection (2) do not apply to an operator of a vehicle traveling
1270 in the left general purpose lane when:
1271 (a) overtaking and passing another vehicle proceeding in the same direction in
1272 accordance with Subsection (1)(a)(i);
1273 (b) preparing to turn left or taking a different highway or an exit on the left;
1274 (c) responding to emergency conditions;
1275 (d) avoiding actual or potential traffic moving onto the highway from an acceleration
1276 or merging lane; or
1277 (e) following the direction of a traffic-control device that directs the use of a designated
1278 lane.
1279 (5) An individual may engage in lane filtering only when the following conditions
1280 exist:
1281 (a) the individual is operating a motorcycle;
1282 (b) the individual is on a roadway divided into two or more adjacent traffic lanes in the
1283 same direction of travel;
1284 (c) the individual is on a roadway with a speed limit of 45 miles per hour or less;
1285 (d) the vehicle being overtaken in the same lane is stopped;
1286 (e) the motorcycle is traveling at a speed of 15 miles per hour or less; and
1287 (f) the movement may be made safely.
1288 (6) A violation of Subsection (1), (2), or (5) is an infraction.
1289 Section 9. Section 41-6a-705 is amended to read:
1290 41-6a-705. Passing on right -- When permissible.
1291 (1) [
1292 pass on the right of another vehicle only:
1293 (a) when the vehicle overtaken is making or preparing to make a left turn; or
1294 (b) on a roadway with unobstructed pavement of sufficient width for two or more lines
1295 of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
1296 (2) The operator of a vehicle may overtake and pass another vehicle on the right only
1297 under conditions permitting the movement with safety.
1298 (3) Except for a person operating a bicycle, the operator of a vehicle may not overtake
1299 and pass another vehicle if the movement is made by driving off the roadway.
1300 (4) A violation of this section is an infraction.
1301 Section 10. Section 41-6a-718 is enacted to read:
1302 41-6a-718. Operation of a snowplow -- Approaching a snowplow -- Prohibition to
1303 pass.
1304 (1) (a) A snowplow operator shall ensure that a snowplow in operation on a highway
1305 displays flashing yellow lights.
1306 (b) An individual operating a snowplow as an agent of a highway authority, while
1307 engaged in the removal of snow or ice on a highway, may not be charged with a violation under
1308 this chapter related to parking, standing, turning, backing, or yielding the right-of-way.
1309 (c) Notwithstanding the exemptions described in Subsection (1)(b), an individual
1310 operating a snowplow shall operate the snowplow with reasonable care.
1311 (2) If a snowplow is displaying flashing yellow lights, an individual operating a vehicle
1312 in the vicinity of the snowplow may not pass or overtake a snowplow on a side of the
1313 snowplow where a plow blade is deployed.
1314 (3) If three or more snowplows are operating in echelon formation, an individual
1315 operating a vehicle in the vicinity of the snowplows may not overtake or pass the snowplows
1316 on either side of the snowplows.
1317 (4) A violation of Subsection (2) or (3) is an infraction.
1318 Section 11. Section 41-6a-904 is amended to read:
1319 41-6a-904. Approaching emergency vehicle -- Necessary signals -- Stationary
1320 emergency vehicle -- Duties of respective operators.
1321 (1) Except when otherwise directed by a peace officer, the operator of a vehicle, upon
1322 the immediate approach of an authorized emergency vehicle using audible or visual signals
1323 under Section 41-6a-212 or 41-6a-1625, shall:
1324 (a) yield the right-of-way and immediately move to a position parallel to, and as close
1325 as possible to, the right-hand edge or curb of the highway, clear of any intersection; and
1326 (b) then stop and remain stopped until the authorized emergency vehicle has passed.
1327 (2) (a) The operator of a vehicle, upon approaching a stationary authorized emergency
1328 vehicle that is displaying alternately flashing red, red and white, or red and blue lights, shall:
1329 (i) reduce the speed of the vehicle;
1330 (ii) provide as much space as practical to the stationary authorized emergency vehicle;
1331 and
1332 (iii) if traveling in a lane adjacent to the stationary authorized emergency vehicle and if
1333 practical, with due regard to safety and traffic conditions, make a lane change into a lane not
1334 adjacent to the authorized emergency vehicle.
1335 (b) (i) If the operator of a vehicle is traveling in an HOV lane, upon approaching a
1336 stationary authorized emergency vehicle that is displaying alternately flashing red, red and
1337 white, or red and blue lights, the requirements in Subsection (2)(a) apply.
1338 (ii) The operator of a vehicle traveling in an HOV lane, upon approaching a stationary
1339 authorized emergency vehicle that is displaying alternately flashing red, red and white, or red
1340 and blue lights, shall, if practical, with due regard to safety and traffic conditions, make a lane
1341 change out of the HOV lane into a lane not adjacent to the authorized emergency vehicle.
1342 (3) (a) The operator of a vehicle, upon approaching a stationary tow truck or highway
1343 maintenance vehicle that is displaying flashing amber lights, shall:
1344 (i) reduce the speed of the vehicle;
1345 (ii) provide as much space as practical to the stationary tow truck or highway
1346 maintenance vehicle; and
1347 (iii) if traveling in a lane adjacent to the stationary tow truck or highway maintenance
1348 vehicle, if practical and with due regard to safety and traffic conditions, make a lane change
1349 into a lane not adjacent to the tow truck or highway maintenance vehicle.
1350 (b) (i) If the operator of a vehicle is traveling in an HOV lane, upon approaching a
1351 stationary tow truck or highway maintenance vehicle that is displaying flashing amber lights,
1352 the requirements in Subsection (3)(a) apply.
1353 (ii) The operator of a vehicle traveling in an HOV lane, upon approaching a stationary
1354 tow truck or highway maintenance vehicle that is displaying flashing amber lights, shall, if
1355 practical, with due regard to safety and traffic conditions, make a lane change out of the HOV
1356 lane into a lane not adjacent to the tow truck or highway maintenance vehicle.
1357 (4) (a) The operator of a vehicle, upon approaching a stationary vehicle adjacent to a
1358 highway that is not parked in an apparent legal parking area that has flashing hazard lights
1359 illuminated, shall:
1360 (i) reduce the speed of the vehicle;
1361 (ii) provide as much space as practical to the stationary vehicle; and
1362 (iii) if traveling in a lane adjacent to the stationary vehicle, if practical and with due
1363 regard to safety and traffic conditions, make a lane change into a lane not adjacent to the
1364 stationary vehicle.
1365 (b) (i) If the operator of a vehicle is traveling in an HOV lane, upon approaching a
1366 stationary vehicle as described in Subsection (4)(a), the requirements in Subsection (4)(a)
1367 apply.
1368 (ii) The operator of a vehicle traveling in an HOV lane, upon approaching a stationary
1369 vehicle as described in Subsection (4)(a), shall, if practical, with due regard to safety and traffic
1370 conditions, make a lane change out of the HOV lane into a lane not adjacent to the stationary
1371 vehicle.
1372 [
1373 under Section 41-6a-212 or 41-6a-1625, the operator of a vehicle may not:
1374 (a) follow closer than 500 feet behind the authorized emergency vehicle;
1375 (b) pass the authorized emergency vehicle, if the authorized emergency vehicle is
1376 moving; or
1377 (c) stop the vehicle within 500 feet of a fire apparatus which has stopped in answer to a
1378 fire alarm.
1379 [
1380 tow truck, or highway maintenance vehicle from the duty to drive with regard for the safety of
1381 all persons using the highway.
1382 [
1383 person who violates this section shall attend a four hour live classroom defensive driving
1384 course approved by:
1385 (A) the Driver License Division; or
1386 (B) a court in this state.
1387 (ii) Upon completion of the four hour live classroom course under Subsection
1388 [
1389 attendance of the classroom course.
1390 (b) The Driver License Division shall suspend a person's driver license for a period of
1391 90 days if the person:
1392 (i) violates a provision of Subsections (1) through (3); and
1393 (ii) fails to meet the requirements of Subsection [
1394 sentencing for or pleading guilty to a violation of this section.
1395 (c) Notwithstanding the provisions of Subsection [
1396 Division shall shorten the 90-day suspension period imposed under Subsection [
1397 effective immediately upon receiving a certificate of attendance of the four hour live classroom
1398 course required under Subsection [
1399 before the completion of the suspension period.
1400 (d) A person whose license is suspended under Subsection [
1401 whose suspension is shortened as described under Subsection [
1402 license reinstatement fees under Subsection 53-3-105(26).
1403 [
1404 Act, the Driver License Division shall make rules to implement the provisions of this part.
1405 [
1406 Section 12. Section 41-21-1 is amended to read:
1407 41-21-1. Definitions.
1408 (1) "Autocycle" means the same as that term is defined in Section 53-3-102.
1409 (2) "Motorcycle" means:
1410 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
1411 more than three wheels in contact with the ground; or
1412 (b) an autocycle.
1413 (3) (a) "Street rod" means a motor vehicle or motorcycle that:
1414 (i) (A) was manufactured in 1948 or before; or
1415 (B) (I) was manufactured after 1948 to resemble a vehicle that was manufactured in
1416 1948 or before; and
1417 (II) (Aa) has been altered from the manufacturer's original design; or
1418 (Bb) has a body constructed from non-original materials; and
1419 (ii) is primarily a collector's item that is used for:
1420 (A) club activities;
1421 (B) exhibitions;
1422 (C) tours;
1423 (D) parades;
1424 (E) occasional transportation; and
1425 (F) other similar uses.
1426 (b) "Street rod" does not include a motor vehicle or motorcycle that is used for general,
1427 daily transportation.
1428 (4) (a) "Vintage travel trailer" means a travel trailer, camping trailer, or fifth wheel
1429 trailer that is:
1430 (i) 30 years old or older, from the current year; and
1431 (ii) primarily a collector's item that is used for:
1432 (A) participation in club activities;
1433 (B) exhibitions;
1434 (C) tours;
1435 (D) parades;
1436 (E) occasional recreational or vacation use; and
1437 (F) other similar uses.
1438 (b) "Vintage travel trailer" does not include a travel trailer, camping trailer, or fifth
1439 wheel trailer that is used for the general, daily transportation of persons or property.
1440 (5) (a) "Vintage vehicle" means a motor vehicle or motorcycle that:
1441 (i) is 30 years old or older from the current year;
1442 (ii) displays:
1443 (A) a unique vehicle type special group license plate issued in accordance with Section
1444 41-1a-418; [
1445 (B) for a vehicle that has a model year of 1980 or older, a historical support special
1446 group plate; [
1447 (C) an original issue license plate in accordance with Section 41-1a-416; and
1448 (iii) is primarily a collector's item that is used for:
1449 (A) participation in club activities;
1450 (B) exhibitions;
1451 (C) tours;
1452 (D) parades;
1453 (E) occasional transportation; and
1454 (F) other similar uses.
1455 (b) "Vintage vehicle" does not include a motor vehicle or motorcycle that is used for
1456 general, daily transportation.
1457 (c) "Vintage vehicle" includes a:
1458 (i) street rod; and
1459 (ii) vintage travel trailer.
1460 Section 13. Section 53-1-106.2 is repealed and reenacted to read:
1461 53-1-106.2. Towing dispatch program.
1462 (1) An interlocal agency established pursuant to Title 11, Chapter 13, Interlocal
1463 Cooperation Act, a special service district established pursuant to Title 17D, Chapter 1, Special
1464 Service District Act, a political subdivision, or a state agency may enter into a contract with a
1465 vendor that provides a product or technology capable of increasing efficiency, effectiveness,
1466 and transparency in the dispatching of towing providers and management of towing rotations.
1467 (2) The product or technology described in Subsection (1) shall comply with the
1468 following requirements and capabilities:
1469 (a) decreasing delays associated with requesting and dispatching a tow truck motor
1470 carrier from an established tow rotation;
1471 (b) increasing information, transparency, and data collection associated with tow
1472 rotation operations, including dispatching, response time, completion, clearance, and storage;
1473 and
1474 (c) increasing responder and traffic safety by reducing secondary crashes, responder
1475 time on scene, and the impacts of traffic accidents on traffic flow and safety.
1476 (3) A vendor selected to provide towing dispatch management services as described in
1477 this section may not also provide towing, storage, impounding, or other services related to the
1478 operation of a towing provider.
1479 Section 14. Section 53-3-109 is amended to read:
1480 53-3-109. Records -- Access -- Fees -- Rulemaking.
1481 (1) (a) Except as provided in this section, all records of the division shall be classified
1482 and disclosed in accordance with Title 63G, Chapter 2, Government Records Access and
1483 Management Act.
1484 (b) The division may disclose personal identifying information in accordance with 18
1485 U.S.C. Chapter 123:
1486 (i) to a licensed private investigator holding a valid agency license, with a legitimate
1487 business need;
1488 (ii) to an insurer, insurance support organization, or a self-insured entity, or its agents,
1489 employees, or contractors that issues any motor vehicle insurance under Title 31A, Chapter 22,
1490 Part 3, Motor Vehicle Insurance, for use in connection with claims investigation activities,
1491 antifraud activities, rating, or underwriting for any person issued a license certificate under this
1492 chapter;
1493 (iii) to a depository institution as that term is defined in Section 7-1-103;
1494 (iv) to the State Tax Commission for the purposes of tax fraud detection and
1495 prevention and any other use required by law;
1496 (v) subject to Subsection (7), to the University of Utah for data collection in relation to
1497 genetic and epidemiologic research; or
1498 (vi) (A) to a government entity, including any court or law enforcement agency, to
1499 fulfill the government entity's functions; or
1500 (B) to a private person acting on behalf of a government entity to fulfill the government
1501 entity's functions, if the division determines disclosure of the information is in the interest of
1502 public safety.
1503 (2) (a) A person who receives personal identifying information shall be advised by the
1504 division that the person may not:
1505 (i) disclose the personal identifying information from that record to any other person;
1506 or
1507 (ii) use the personal identifying information from that record for advertising or
1508 solicitation purposes.
1509 (b) Any use of personal identifying information by an insurer or insurance support
1510 organization, or by a self-insured entity or its agents, employees, or contractors not authorized
1511 by Subsection (1)(b)(ii) is:
1512 (i) an unfair marketing practice under Section 31A-23a-402; or
1513 (ii) an unfair claim settlement practice under Subsection 31A-26-303(3).
1514 (3) (a) Notwithstanding the provisions of Subsection (1)(b), the division or its designee
1515 may disclose portions of a driving record, in accordance with this Subsection (3), to:
1516 (i) an insurer as defined under Section 31A-1-301, or a designee of an insurer, for
1517 purposes of assessing driving risk on the insurer's current motor vehicle insurance
1518 policyholders;
1519 (ii) an employer or a designee of an employer, for purposes of monitoring the driving
1520 record and status of current employees who drive as a responsibility of the employee's
1521 employment if the requester demonstrates that the requester has obtained the written consent of
1522 the individual to whom the information pertains; and
1523 (iii) an employer or the employer's agents to obtain or verify information relating to a
1524 holder of a commercial driver license that is required under 49 U.S.C. Chapter 313.
1525 (b) A disclosure under Subsection (3)(a)(i) shall:
1526 (i) include the licensed driver's name, driver license number, date of birth, and an
1527 indication of whether the driver has had a moving traffic violation that is a reportable violation,
1528 as defined under Section 53-3-102 during the previous month;
1529 (ii) be limited to the records of drivers who, at the time of the disclosure, are covered
1530 under a motor vehicle insurance policy of the insurer; and
1531 (iii) be made under a contract with the insurer or a designee of an insurer.
1532 (c) A disclosure under Subsection (3)(a)(ii) or (iii) shall:
1533 (i) include the licensed driver's name, driver license number, date of birth, and an
1534 indication of whether the driver has had a moving traffic violation that is a reportable violation,
1535 as defined under Section 53-3-102, during the previous month;
1536 (ii) be limited to the records of a current employee of an employer;
1537 (iii) be made under a contract with the employer or a designee of an employer; and
1538 (iv) include an indication of whether the driver has had a change reflected in the
1539 driver's:
1540 (A) driving status;
1541 (B) license class;
1542 (C) medical self-certification status; or
1543 (D) medical examiner's certificate under 49 C.F.R. Sec. 391.45.
1544 (d) The contract under Subsection (3)(b)(iii) or (c)(iii) shall specify:
1545 (i) the criteria for searching and compiling the driving records being requested;
1546 (ii) the frequency of the disclosures;
1547 (iii) the format of the disclosures, which may be in bulk electronic form; and
1548 (iv) a reasonable charge for the driving record disclosures under this Subsection (3).
1549 (4) The division may charge fees:
1550 (a) in accordance with Section 53-3-105 for searching and compiling its files or
1551 furnishing a report on the driving record of a person;
1552 (b) for each document prepared under the seal of the division and deliver upon request,
1553 a certified copy of any record of the division, and charge a fee set in accordance with Section
1554 63J-1-504 for each document authenticated; and
1555 (c) established in accordance with the procedures and requirements of Section
1556 63J-1-504 for disclosing personal identifying information under Subsection (1)(b).
1557 (5) Each certified copy of a driving record furnished in accordance with this section is
1558 admissible in any court proceeding in the same manner as the original.
1559 (6) (a) A driving record furnished under this section may only report on the driving
1560 record of a person for a period of 10 years.
1561 (b) Subsection (6)(a) does not apply to court or law enforcement reports, reports of
1562 commercial driver license violations, or reports for commercial driver license holders.
1563 (7) (a) The division shall include on each application for or renewal of a license or
1564 identification card under this chapter:
1565 (i) the following notice: "The Driver License Division may disclose the information
1566 provided on this form to an entity described in Utah Code Ann. Subsection
1567 53-3-109(1)(b)(v).";
1568 (ii) a reference to the website described in Subsection (7)(b); and
1569 (iii) a link to the division website for:
1570 (A) information provided by the division, after consultation with the University of
1571 Utah, containing the explanation and description described in Subsection (7)(b); and
1572 (B) an online form for the individual to opt out of the disclosure of personal identifying
1573 information as described in Subsection (1)(b)(v).
1574 (b) [
1575 of Utah shall create a website that provides an explanation and description of:
1576 (i) what information may be disclosed by the division to the University of Utah under
1577 Subsection (1)(b)(v);
1578 (ii) the methods and timing of anonymizing the information;
1579 (iii) for situations where the information is not anonymized:
1580 (A) how the information is used;
1581 (B) how the information is secured;
1582 (C) how long the information is retained; and
1583 (D) who has access to the information;
1584 (iv) research and statistical purposes for which the information is used; and
1585 (v) other relevant details regarding the information.
1586 (c) The website created by the University of Utah described in Subsection (7)(b) shall
1587 include the following:
1588 (i) a link to the division website for an online form for the individual to opt out of the
1589 disclosure of personal identifying information as described in Subsection (1)(b)(v); and
1590 (ii) a link to an online form for the individual to affirmatively choose to remove,
1591 subject to Subsection (7)(e)(ii), personal identifying information from the database controlled
1592 by the University of Utah that was disclosed pursuant to Subsection (1)(b)(v).
1593 (d) In the course of business, the division shall provide information regarding the
1594 disclosure of personal identifying information, including providing on the division website:
1595 (i) a link to the website created under Subsection (7)(b) to provide individuals with
1596 information regarding the disclosure of personal identifying information under Subsection
1597 (1)(b)(v); and
1598 (ii) a link to the division website for:
1599 (A) information provided by the division, after consultation with the University of
1600 Utah, containing the explanation and description described in Subsection (7)(b); and
1601 (B) an online form for the individual to opt out of the disclosure of personal identifying
1602 information as described in Subsection (1)(b)(v).
1603 (e) (i) The division may not disclose the personal identifying information under
1604 Subsection (1)(b)(v) if an individual opts out of the disclosure as described in Subsection
1605 (7)(a)(iii)(B) or (7)(c)(i).
1606 (ii) (A) Except as provided in Subsection (7)(e)(ii)(B), if an individual makes a request
1607 as described in Subsection (7)(c)(ii), the University of Utah shall, within 90 days of receiving
1608 the request, remove and destroy the individual's personal identifying information received
1609 under Subsection (1)(b)(v) from a database controlled by the University of Utah.
1610 (B) The University of Utah is not required to remove an individual's personal
1611 identifying information as described in Subsection (7)(e)(ii)(A) from data released to a research
1612 study before the date of the request described in Subsection (7)(c)(ii).
1613 [
1614
1615 [
1616
1617 [
1618
1619 [
1620
1621 [
1622
1623 [
1624 audit of the information systems that store the data received pursuant to Subsection (1)(b)(v),
1625 and, beginning in the year 2023, provide a biennial report of the findings of the internal audit to
1626 the Transportation Interim Committee.
1627 (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1628 division may make rules to designate:
1629 (a) what information shall be included in a report on the driving record of a person;
1630 (b) the form of a report or copy of the report which may include electronic format;
1631 (c) the form of a certified copy, as required under Section 53-3-216, which may include
1632 electronic format;
1633 (d) the form of a signature required under this chapter which may include electronic
1634 format;
1635 (e) the form of written request to the division required under this chapter which may
1636 include electronic format;
1637 (f) the procedures, requirements, and formats for disclosing personal identifying
1638 information under Subsection (1)(b); and
1639 (g) the procedures, requirements, and formats necessary for the implementation of
1640 Subsection (3).
1641 (9) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
1642 use, disclose, or disseminate a record created or maintained by the division or any information
1643 contained in a record created or maintained by the division for a purpose prohibited or not
1644 permitted by statute, rule, regulation, or policy of a governmental entity.
1645 (b) A person who discovers or becomes aware of any unauthorized use of records
1646 created or maintained by the division shall inform the commissioner and the division director
1647 of the unauthorized use.
1648 Section 15. Section 63I-1-241 is amended to read:
1649 63I-1-241. Repeal dates: Title 41.
1650 (1) Subsection 41-1a-1201(9), related to the Spinal Cord and Brain Injury
1651 Rehabilitation Fund, is repealed January 1, 2025.
1652 (2) Section 41-3-106, which creates an advisory board related to motor vehicle
1653 business regulation, is repealed July 1, 2024.
1654 (3) The following subsections addressing lane filtering are repealed on July 1, 2027:
1655 (a) [
1656 filtering";
1657 (b) Subsection 41-6a-704(5); and
1658 (c) Subsection 41-6a-710(1)(c).
1659 (4) Subsection 41-6a-1406(6)(c)(iii), related to the Spinal Cord and Brain Injury
1660 Rehabilitation Fund, is repealed January 1, 2025.
1661 (5) Subsections 41-22-2(1) and 41-22-10(1)(a), which authorize an advisory council
1662 that includes in the advisory council's duties addressing off-highway vehicle issues, are
1663 repealed July 1, 2027.
1664 (6) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury Rehabilitation
1665 Fund, is repealed January 1, 2025.
1666 Section 16. Section 72-1-202 is amended to read:
1667 72-1-202. Executive director of department -- Appointment -- Qualifications --
1668 Term -- Responsibility -- Power to bring suits -- Salary.
1669 (1) (a) The governor, with the advice and consent of the Senate, shall appoint an
1670 executive director to be the chief executive officer of the department.
1671 (b) The executive director shall be a registered professional engineer and qualified
1672 executive with technical and administrative experience and training appropriate for the
1673 position.
1674 (c) The executive director shall remain in office until a successor is appointed.
1675 (d) The executive director may be removed by the governor.
1676 (2) In addition to the other functions, powers, duties, rights, and responsibilities
1677 prescribed in this chapter, the executive director shall:
1678 (a) have responsibility for the administrative supervision of the state transportation
1679 systems and the various operations of the department;
1680 (b) have the responsibility for the implementation of rules, priorities, and policies
1681 established by the department and the commission;
1682 (c) have the responsibility for the oversight and supervision of[
1683 [
1684 [
1685
1686 (d) have full power to bring suit in courts of competent jurisdiction in the name of the
1687 department as the executive director considers reasonable and necessary for the proper
1688 attainment of the goals of this chapter;
1689 (e) receive a salary, to be established by the governor within the salary range fixed by
1690 the Legislature in Title 67, Chapter 22, State Officer Compensation, together with actual
1691 traveling expenses while away from the executive director's office on official business;
1692 (f) purchase all equipment, services, and supplies necessary to achieve the department's
1693 functions, powers, duties, rights, and responsibilities delegated under Section 72-1-201;
1694 (g) have the responsibility to determine whether a purchase from, contribution to, or
1695 other participation with a public entity or association of public entities in a pooled fund
1696 program to acquire, develop, or share information, data, reports, or other services related to the
1697 department's mission are procurement items under Title 63G, Chapter 6a, Utah Procurement
1698 Code;
1699 (h) have responsibility for administrative supervision of the Comptroller Division, the
1700 Internal Audit Division, and the Communications Division; and
1701 (i) appoint assistants, to serve at the discretion of the executive director, to administer
1702 the divisions of the department.
1703 (3) The executive director may employ other assistants and advisers as the executive
1704 director finds necessary and fix salaries in accordance with the salary standards adopted by the
1705 Division of Human Resource Management.
1706 (4) (a) For a fixed guideway capital development project within the boundaries of a
1707 large public transit district for which state funds are expended, responsibilities of the executive
1708 director include:
1709 (i) project development for a fixed guideway capital development project in a large
1710 public transit district;
1711 (ii) oversight and coordination of planning, including:
1712 (A) development of statewide strategic initiatives for planning across all modes of
1713 transportation;
1714 (B) coordination with metropolitan planning organizations;
1715 (C) coordination with a large public transit district, including planning, project
1716 development, outreach, programming, environmental studies and impact statements,
1717 construction, and impacts on public transit operations; and
1718 (D) corridor and area planning;
1719 (iii) programming and prioritization of fixed guideway capital development projects;
1720 (iv) fulfilling requirements for environmental studies and impact statements; and
1721 (v) resource investment, including identification, development, and oversight of
1722 public-private partnership opportunities.
1723 (5) (a) Before October 31, 2022, the department shall submit to the Transportation
1724 Interim Committee a written plan for the department to assume management of all fixed
1725 guideway capital development projects within a large public transit district for which state
1726 funds are expended.
1727 (b) The department shall consult with a large public transit district and relevant
1728 metropolitan planning organizations in developing the plan described in Subsection (5)(a).
1729 (c) The Transportation Interim Committee shall consider the plan submitted by the
1730 department as described in Subsection (5)(a) and make recommendations to the Legislature
1731 before December 1, 2022.
1732 Section 17. Section 72-1-203 is amended to read:
1733 72-1-203. Deputy director -- Appointment -- Qualifications -- Other assistants
1734 and advisers -- Salaries.
1735 (1) The executive director shall appoint two deputy directors, who shall serve at the
1736 discretion of the executive director.
1737 (2) (a) The deputy director of engineering and operations shall be a registered
1738 professional engineer in the state and is the chief engineer of the department.
1739 (b) The deputy director of engineering and operations shall assist the executive director
1740 with areas of responsibility that may include:
1741 (i) project development, including statewide standards for project design and
1742 construction, right-of-way, materials, testing, structures, and construction;
1743 (ii) oversight of the management of the region offices described in Section 72-1-205;
1744 (iii) operations and traffic management;
1745 (iv) oversight of operations of motor carriers and ports;
1746 (v) transportation systems safety;
1747 (vi) aeronautical operations; and
1748 (vii) equipment for department engineering and maintenance functions.
1749 (c) The deputy director of planning and investment shall assist the executive director
1750 with areas of responsibility that may include:
1751 (i) oversight and coordination of planning, including:
1752 (A) development of statewide strategic initiatives for planning across all modes of
1753 transportation;
1754 (B) coordination with metropolitan planning organizations and local governments; and
1755 (C) corridor and area planning;
1756 (ii) responsibility for the oversight and supervision of any fixed guideway capital
1757 development project within the boundaries of a large public transit district for which any state
1758 funds are expended;
1759 [
1760 [
1761 [
1762 [
1763 public-private partnership opportunities;
1764 [
1765 [
1766 [
1767 [
1768 [
1769 providers described in Section 17B-2a-827.
1770 Section 18. Section 72-1-301 is amended to read:
1771 72-1-301. Transportation Commission created -- Members, appointment, terms --
1772 Qualifications -- Pay and expenses -- Chair -- Quorum.
1773 (1) (a) There is created the Transportation Commission which shall consist of seven
1774 members.
1775 (b) The members of the commission shall be residents of Utah.
1776 (c) The members of the commission shall be selected on a nonpartisan basis.
1777 (d) [
1778 Vacancies, be appointed by the governor, with the advice and consent of the Senate, for a term
1779 of six years, beginning on April 1 of odd-numbered years[
1780
1781 [
1782
1783
1784
1785 (e) The commissioners serve on a part-time basis.
1786 (f) Each commissioner shall remain in office until a successor is appointed and
1787 qualified.
1788 [
1789
1790 [
1791 [
1792 [
1793 [
1794
1795 [
1796 [
1797
1798 [
1799 [
1800
1801 commissioners shall be as follows:
1802 (i) four commissioners with one commissioner selected from each of the four regions
1803 established by the department; and
1804 (ii) subject to the restriction in Subsection [
1805 from the state at large.
1806 [
1807 [
1808 (ii) For purposes of this Subsection [
1809 of the third, fourth, fifth, or sixth class.
1810 [
1811 may be selected from any one of the four regions established by the department.
1812 (3) A member may not receive compensation or benefits for the member's service, but
1813 may receive per diem and travel expenses in accordance with:
1814 (a) Section 63A-3-106;
1815 (b) Section 63A-3-107; and
1816 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1817 63A-3-107.
1818 (4) (a) One member of the commission shall be designated by the governor as chair.
1819 (b) The commission [
1820 absence.
1821 (5) Any four commissioners constitute a quorum.
1822 (6) Each member of the commission shall qualify by taking the constitutional oath of
1823 office.
1824 (7) Each member of the commission is subject to the conflict of interest provisions
1825 described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
1826 [
1827 agency.
1828 Section 19. Section 72-1-302 is amended to read:
1829 72-1-302. Commission offices and meetings.
1830 (1) The commission shall [
1831
1832
1833 (2) The commission may hold additional public meetings as determined by the chair of
1834 the commission in consultation with the executive director of the department.
1835 [
1836
1837
1838 [
1839
1840 [
1841
1842 Section 20. Section 72-1-303 is amended to read:
1843 72-1-303. Duties of commission.
1844 (1) The commission has the following duties:
1845 (a) determining priorities and funding levels of projects and programs in the state
1846 transportation systems and the capital development of new public transit facilities for each
1847 fiscal year based on project lists compiled by the department and taking into consideration the
1848 strategic initiatives described in Section 72-1-211;
1849 (b) determining additions and deletions to state highways under Chapter 4, Designation
1850 of State Highways Act;
1851 (c) holding public [
1852 transportation matters;
1853 (d) making policies and rules in accordance with Title 63G, Chapter 3, Utah
1854 Administrative Rulemaking Act, necessary to perform the commission's duties described under
1855 this section;
1856 (e) in accordance with Section 63G-4-301, reviewing orders issued by the executive
1857 director in adjudicative proceedings held in accordance with Title 63G, Chapter 4,
1858 Administrative Procedures Act;
1859 (f) advising the department [
1860 (g) approving settlement agreements of condemnation cases subject to Section
1861 63G-10-401;
1862 (h) in accordance with Section 17B-2a-807, appointing a commissioner to serve as a
1863 nonvoting[
1864 district;
1865 (i) in accordance with Section 17B-2a-808, reviewing, at least annually, the short-term
1866 and long-range public transit plans; and
1867 (j) reviewing administrative rules made, substantively amended, or repealed by the
1868 department.
1869 (2) (a) For projects prioritized with funding provided under Sections 72-2-124 and
1870 72-2-125, the commission shall annually report to a committee designated by the Legislative
1871 Management Committee:
1872 (i) a prioritized list of the new transportation capacity projects in the state
1873 transportation system and the funding levels available for those projects; and
1874 (ii) the unfunded highway construction and maintenance needs within the state.
1875 (b) The committee designated by the Legislative Management Committee under
1876 Subsection (2)(a) shall:
1877 (i) review the list reported by the Transportation Commission; and
1878 (ii) make a recommendation to the Legislature on:
1879 (A) the amount of additional funding to allocate to transportation; and
1880 (B) the source of revenue for the additional funding allocation under Subsection
1881 (2)(b)(ii)(A).
1882 (3) The commission shall review and may approve plans for the construction of a
1883 highway facility over sovereign lakebed lands in accordance with Chapter 6, Part 3, Approval
1884 of Highway Facilities on Sovereign Lands Act.
1885 (4) One or more associations representing airport operators or pilots in the state shall
1886 annually report to the commission recommended airport improvement projects and any other
1887 information related to the associations' expertise and relevant to the commission's duties.
1888 Section 21. Section 72-1-304 is amended to read:
1889 72-1-304. Written project prioritization process for new transportation capacity
1890 projects -- Rulemaking.
1891 (1) (a) The Transportation Commission, in consultation with the department and the
1892 metropolitan planning organizations as defined in Section 72-1-208.5, shall develop a written
1893 prioritization process for the prioritization of:
1894 (i) new transportation capacity projects that are or will be part of the state highway
1895 system under Chapter 4, Part 1, State Highways;
1896 (ii) paved pedestrian or paved nonmotorized transportation projects that:
1897 (A) mitigate traffic congestion on the state highway system; and
1898 (B) are part of an active transportation plan approved by the department;
1899 (iii) public transit projects that directly add capacity to the public transit systems within
1900 the state, not including facilities ancillary to the public transit system; and
1901 (iv) pedestrian or nonmotorized transportation projects that provide connection to a
1902 public transit system.
1903 (b) (i) A local government or district may nominate a project for prioritization in
1904 accordance with the process established by the commission in rule.
1905 (ii) If a local government or district nominates a project for prioritization by the
1906 commission, the local government or district shall provide data and evidence to show that:
1907 (A) the project will advance the purposes and goals described in Section 72-1-211;
1908 (B) for a public transit project, the local government or district has an ongoing funding
1909 source for operations and maintenance of the proposed development; and
1910 (C) the local government or district will provide [
1911 the project as required by Subsection 72-2-124(4)(a)(viii) or 72-2-124(9)(e).
1912 (2) The following shall be included in the written prioritization process under
1913 Subsection (1):
1914 (a) a description of how the strategic initiatives of the department adopted under
1915 Section 72-1-211 are advanced by the written prioritization process;
1916 (b) a definition of the type of projects to which the written prioritization process
1917 applies;
1918 (c) specification of a weighted criteria system that is used to rank proposed projects
1919 and how it will be used to determine which projects will be prioritized;
1920 (d) specification of the data that is necessary to apply the weighted ranking criteria; and
1921 (e) any other provisions the commission considers appropriate, which may include
1922 consideration of:
1923 (i) regional and statewide economic development impacts, including improved local
1924 access to:
1925 (A) employment;
1926 (B) educational facilities;
1927 (C) recreation;
1928 (D) commerce; and
1929 (E) residential areas, including moderate income housing as demonstrated in the local
1930 government's or district's general plan pursuant to Section 10-9a-403 or 17-27a-403;
1931 (ii) the extent to which local land use plans relevant to a project support and
1932 accomplish the strategic initiatives adopted under Section 72-1-211; and
1933 (iii) any matching funds provided by a political subdivision or public transit district in
1934 addition to the [
1935 72-2-124(9)(e).
1936 (3) (a) When prioritizing a public transit project that increases capacity, the
1937 commission:
1938 (i) may give priority consideration to projects that are part of a transit-oriented
1939 development or transit-supportive development as defined in Section 17B-2a-802; and
1940 (ii) shall give priority consideration to projects that are within the boundaries of a
1941 housing and transit reinvestment zone created pursuant to Title 63N, Chapter 3, Part 6,
1942 Housing and Transit Reinvestment Zone Act.
1943 (b) When prioritizing a transportation project that increases capacity, the commission
1944 may give priority consideration to projects that are:
1945 (i) part of a transportation reinvestment zone created under Section 11-13-227 if:
1946 (A) the state is a participant in the transportation reinvestment zone; or
1947 (B) the commission finds that the transportation reinvestment zone provides a benefit
1948 to the state transportation system; or
1949 (ii) within the boundaries of a housing and transit reinvestment zone created pursuant
1950 to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act.
1951 (c) If the department receives a notice of prioritization for a municipality as described
1952 in Subsection 10-9a-408(5), or a notice of prioritization for a county as described in Subsection
1953 17-27a-408(5), the commission may, during the fiscal year specified in the notice, give priority
1954 consideration to transportation projects that are within the boundaries of the municipality or the
1955 unincorporated areas of the county.
1956 (4) In developing the written prioritization process, the commission:
1957 (a) shall seek and consider public comment by holding public meetings at locations
1958 throughout the state; and
1959 (b) may not consider local matching dollars as provided under Section 72-2-123 unless
1960 the state provides an equal opportunity to raise local matching dollars for state highway
1961 improvements within each county.
1962 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1963 Transportation Commission, in consultation with the department, shall make rules establishing
1964 the written prioritization process under Subsection (1).
1965 (6) The commission shall submit the proposed rules under this section to a committee
1966 or task force designated by the Legislative Management Committee for review prior to taking
1967 final action on the proposed rules or any proposed amendment to the rules described in
1968 Subsection (5).
1969 Section 22. Section 72-1-305 is amended to read:
1970 72-1-305. Project selection using the written prioritization process -- Public
1971 comment -- Report.
1972 (1) Except as provided in Subsection (4), in determining priorities and funding levels
1973 of projects in the state transportation system under Subsection 72-1-303(1)(a) that are new
1974 transportation capacity projects, the commission shall use the weighted criteria system adopted
1975 in the written prioritization process under Section 72-1-304.
1976 (2) Prior to finalizing priorities and funding levels of projects in the state transportation
1977 system, the commission shall conduct public [
1978 and accept public comments on:
1979 (a) the written prioritization process;
1980 (b) the merits of new transportation capacity projects that will be prioritized under this
1981 section; and
1982 (c) the merits of new transportation capacity projects as recommended by a consensus
1983 of local elected officials participating in a metropolitan planning organization as defined in
1984 Section 72-1-208.5.
1985 (3) The commission shall make the weighted criteria system ranking for each project
1986 publicly available prior to the public [
1987 (4) (a) If the commission prioritizes a project over another project with a higher rank
1988 under the weighted criteria system, the commission shall identify the change and accept public
1989 comment at a [
1990 above higher ranked projects.
1991 (b) The commission shall make the reasons for the prioritization under Subsection
1992 (4)(a) publicly available.
1993 (5) (a) The executive director or the executive director's designee shall report annually
1994 to the governor and a committee designated by the Legislative Management Committee no later
1995 than the last day of October:
1996 (i) the projects prioritized under this section during the year prior to the report; and
1997 (ii) the status and progress of all projects prioritized under this section.
1998 (b) Annually, before any funds are programmed and allocated from the Transit
1999 Transportation Investment Fund created in Section 72-2-124 for each fiscal year, the executive
2000 director or the executive director's designee, along with the executive director of a large public
2001 transit district as described in Section 17B-2a-802, shall report to the governor and a committee
2002 designated by the Legislative Management Committee no later than the last day of October:
2003 (i) the public transit projects prioritized under this section during the year prior to the
2004 report; and
2005 (ii) the status and progress of all public transit projects prioritized under this section.
2006 (6) (a) The department may not delay a new transportation capacity project that was
2007 funded by the Legislature in an appropriations act to a different fiscal year than programmed by
2008 the commission due to an unavoidable shortfall in revenues unless the project delays are
2009 prioritized and approved by the Transportation Commission.
2010 (b) The Transportation Commission shall prioritize and approve any new
2011 transportation capacity project delays for projects that were funded by the Legislature in an
2012 appropriations act due to an unavoidable shortfall in revenues.
2013 Section 23. Section 72-2-124 is amended to read:
2014 72-2-124. Transportation Investment Fund of 2005.
2015 (1) There is created a capital projects fund entitled the Transportation Investment Fund
2016 of 2005.
2017 (2) The fund consists of money generated from the following sources:
2018 (a) any voluntary contributions received for the maintenance, construction,
2019 reconstruction, or renovation of state and federal highways;
2020 (b) appropriations made to the fund by the Legislature;
2021 (c) registration fees designated under Section 41-1a-1201;
2022 (d) the sales and use tax revenues deposited into the fund in accordance with Section
2023 59-12-103; and
2024 (e) revenues transferred to the fund in accordance with Section 72-2-106.
2025 (3) (a) The fund shall earn interest.
2026 (b) All interest earned on fund money shall be deposited into the fund.
2027 (4) (a) Except as provided in Subsection (4)(b), the executive director may only use
2028 fund money to pay:
2029 (i) the costs of maintenance, construction, reconstruction, or renovation to state and
2030 federal highways prioritized by the Transportation Commission through the prioritization
2031 process for new transportation capacity projects adopted under Section 72-1-304;
2032 (ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
2033 projects described in Subsections 63B-18-401(2), (3), and (4);
2034 (iii) principal, interest, and issuance costs of bonds authorized by Section 63B-18-401
2035 minus the costs paid from the County of the First Class Highway Projects Fund in accordance
2036 with Subsection 72-2-121(4)(e);
2037 (iv) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010 Salt
2038 Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the amount certified
2039 by Salt Lake County in accordance with Subsection 72-2-121.3(4)(c) as necessary to pay the
2040 debt service on $30,000,000 of the revenue bonds issued by Salt Lake County;
2041 (v) principal, interest, and issuance costs of bonds authorized by Section 63B-16-101
2042 for projects prioritized in accordance with Section 72-2-125;
2043 (vi) all highway general obligation bonds that are intended to be paid from revenues in
2044 the Centennial Highway Fund created by Section 72-2-118;
2045 (vii) for fiscal year 2015-16 only, to transfer $25,000,000 to the County of the First
2046 Class Highway Projects Fund created in Section 72-2-121 to be used for the purposes described
2047 in Section 72-2-121;
2048 (viii) if a political subdivision provides a contribution equal to or greater than 40% of
2049 the costs needed for construction, reconstruction, or renovation of paved pedestrian or paved
2050 nonmotorized transportation for projects that:
2051 (A) mitigate traffic congestion on the state highway system;
2052 (B) are part of an active transportation plan approved by the department; and
2053 (C) are prioritized by the commission through the prioritization process for new
2054 transportation capacity projects adopted under Section 72-1-304;
2055 (ix) $705,000,000 for the costs of right-of-way acquisition, construction,
2056 reconstruction, or renovation of or improvement to the following projects:
2057 (A) the connector road between Main Street and 1600 North in the city of Vineyard;
2058 (B) Geneva Road from University Parkway to 1800 South;
2059 (C) the SR-97 interchange at 5600 South on I-15;
2060 (D) two lanes on U-111 from Herriman Parkway to 11800 South;
2061 (E) widening I-15 between mileposts 10 and 13 and the interchange at milepost 11;
2062 (F) improvements to 1600 North in Orem from 1200 West to State Street;
2063 (G) widening I-15 between mileposts 6 and 8;
2064 (H) widening 1600 South from Main Street in the city of Spanish Fork to SR-51;
2065 (I) widening US 6 from Sheep Creek to Mill Fork between mileposts 195 and 197 in
2066 Spanish Fork Canyon;
2067 (J) I-15 northbound between mileposts 43 and 56;
2068 (K) a passing lane on SR-132 between mileposts 41.1 and 43.7 between mileposts 43
2069 and 45.1;
2070 (L) east Zion SR-9 improvements;
2071 (M) Toquerville Parkway;
2072 (N) an environmental study on Foothill Boulevard in the city of Saratoga Springs;
2073 (O) using funds allocated in this Subsection (4)(a)(ix), and other sources of funds, for
2074 construction of an interchange on Bangerter Highway at 13400 South; and
2075 (P) an environmental impact study for Kimball Junction in Summit County; and
2076 (x) $28,000,000 as pass-through funds, to be distributed as necessary to pay project
2077 costs based upon a statement of cash flow that the local jurisdiction where the project is located
2078 provides to the department demonstrating the need for money for the project, for the following
2079 projects in the following amounts:
2080 (A) $5,000,000 for Payson Main Street repair and replacement;
2081 (B) $8,000,000 for a Bluffdale 14600 South railroad bypass;
2082 (C) $5,000,000 for improvements to 4700 South in Taylorsville; and
2083 (D) $10,000,000 for improvements to the west side frontage roads adjacent to U.S. 40
2084 between mile markers 7 and 10.
2085 (b) The executive director may use fund money to exchange for an equal or greater
2086 amount of federal transportation funds to be used as provided in Subsection (4)(a).
2087 (5) (a) Except as provided in Subsection (5)(b), if the department receives a notice of
2088 ineligibility for a municipality as described in Subsection 10-9a-408(7), the executive director
2089 may not program fund money to a project prioritized by the commission under Section
2090 72-1-304, including fund money from the Transit Transportation Investment Fund, within the
2091 boundaries of the municipality during the fiscal year specified in the notice.
2092 (b) Within the boundaries of a municipality described in Subsection (5)(a), the
2093 executive director:
2094 (i) may program fund money in accordance with Subsection (4)(a) for a limited-access
2095 facility or interchange connecting limited-access facilities;
2096 (ii) may not program fund money for the construction, reconstruction, or renovation of
2097 an interchange on a limited-access facility;
2098 (iii) may program Transit Transportation Investment Fund money for a
2099 multi-community fixed guideway public transportation project; and
2100 (iv) may not program Transit Transportation Investment Fund money for the
2101 construction, reconstruction, or renovation of a station that is part of a fixed guideway public
2102 transportation project.
2103 (c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive
2104 director before July 1, 2022, for projects prioritized by the commission under Section
2105 72-1-304.
2106 (6) (a) Except as provided in Subsection (6)(b), if the department receives a notice of
2107 ineligibility for a county as described in Subsection 17-27a-408(7), the executive director may
2108 not program fund money to a project prioritized by the commission under Section 72-1-304,
2109 including fund money from the Transit Transportation Investment Fund, within the boundaries
2110 of the unincorporated area of the county during the fiscal year specified in the notice.
2111 (b) Within the boundaries of the unincorporated area of a county described in
2112 Subsection (6)(a), the executive director:
2113 (i) may program fund money in accordance with Subsection (4)(a) for a limited-access
2114 facility to a project prioritized by the commission under Section 72-1-304;
2115 (ii) may not program fund money for the construction, reconstruction, or renovation of
2116 an interchange on a limited-access facility;
2117 (iii) may program Transit Transportation Investment Fund money for a
2118 multi-community fixed guideway public transportation project; and
2119 (iv) may not program Transit Transportation Investment Fund money for the
2120 construction, reconstruction, or renovation of a station that is part of a fixed guideway public
2121 transportation project.
2122 (c) Subsections (6)(a) and (b) do not apply to a project programmed by the executive
2123 director before July 1, 2022, for projects prioritized by the commission under Section
2124 72-1-304.
2125 (7) (a) Before bonds authorized by Section 63B-18-401 or 63B-27-101 may be issued
2126 in any fiscal year, the department and the commission shall appear before the Executive
2127 Appropriations Committee of the Legislature and present the amount of bond proceeds that the
2128 department needs to provide funding for the projects identified in Subsections 63B-18-401(2),
2129 (3), and (4) or Subsection 63B-27-101(2) for the current or next fiscal year.
2130 (b) The Executive Appropriations Committee of the Legislature shall review and
2131 comment on the amount of bond proceeds needed to fund the projects.
2132 (8) The Division of Finance shall, from money deposited into the fund, transfer the
2133 amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
2134 Section 63B-18-401 or 63B-27-101 in the current fiscal year to the appropriate debt service or
2135 sinking fund.
2136 (9) (a) There is created in the Transportation Investment Fund of 2005 the Transit
2137 Transportation Investment Fund.
2138 (b) The fund shall be funded by:
2139 (i) contributions deposited into the fund in accordance with Section 59-12-103;
2140 (ii) appropriations into the account by the Legislature;
2141 (iii) deposits of sales and use tax increment related to a housing and transit
2142 reinvestment zone as described in Section 63N-3-610;
2143 (iv) private contributions; and
2144 (v) donations or grants from public or private entities.
2145 (c) (i) The fund shall earn interest.
2146 (ii) All interest earned on fund money shall be deposited into the fund.
2147 (d) Subject to Subsection (9)(e), the Legislature may appropriate money from the fund:
2148 (i) for public transit capital development of new capacity projects and fixed guideway
2149 capital development projects to be used as prioritized by the commission through the
2150 prioritization process adopted under Section 72-1-304;
2151 (ii) for development of the oversight plan described in Section 72-1-202(5); or
2152 (iii) to the department for oversight of a fixed guideway capital development project
2153 for which the department has responsibility.
2154 (e) (i) The Legislature may only appropriate money from the fund for a public transit
2155 capital development project or pedestrian or nonmotorized transportation project that provides
2156 connection to the public transit system if the public transit district or political subdivision
2157 provides funds of equal to or greater than [
2158 (ii) A public transit district or political subdivision may use money derived from a loan
2159 granted pursuant to Title 72, Chapter 2, Part 2, State Infrastructure Bank Fund, to provide all or
2160 part of the [
2161 (A) the loan is approved by the commission as required in Title 72, Chapter 2, Part 2,
2162 State Infrastructure Bank Fund; and
2163 (B) the proposed capital project has been prioritized by the commission pursuant to
2164 Section 72-1-303.
2165 (f) Before July 1, 2022, the department and a large public transit district shall enter into
2166 an agreement for a large public transit district to pay the department $5,000,000 per year for 15
2167 years to be used to facilitate the purchase of zero emissions or low emissions rail engines and
2168 trainsets for regional public transit rail systems.
2169 (10) (a) There is created in the Transportation Investment Fund of 2005 the
2170 Cottonwood Canyons Transportation Investment Fund.
2171 (b) The fund shall be funded by:
2172 (i) money deposited into the fund in accordance with Section 59-12-103;
2173 (ii) appropriations into the account by the Legislature;
2174 (iii) private contributions; and
2175 (iv) donations or grants from public or private entities.
2176 (c) (i) The fund shall earn interest.
2177 (ii) All interest earned on fund money shall be deposited into the fund.
2178 (d) The Legislature may appropriate money from the fund for public transit or
2179 transportation projects in the Cottonwood Canyons of Salt Lake County.
2180 Section 24. Section 72-5-117 is amended to read:
2181 72-5-117. Rulemaking for sale of real property -- Licensed or certified appraisers
2182 -- Exceptions.
2183 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, if
2184 the department buys, sells, or exchanges real property, the department shall make rules to
2185 ensure that the value of the real property is congruent with the proposed price and other terms
2186 of the purchase, sale, or exchange.
2187 (2) The rules:
2188 (a) shall establish procedures for determining the value of the real property;
2189 (b) may provide that an appraisal, as defined under Section 61-2g-102, demonstrates
2190 the real property's value; [
2191 (c) may require that the appraisal be completed by a state-certified general appraiser, as
2192 defined under Section 61-2g-102[
2193 (d) may provide for the sale or exchange of real property, with or without charge, to a
2194 large public transit district if the executive director enters into an agreement with the large
2195 public transit district and determines that the real property:
2196 (i) is within the boundaries of a station area that has a station area plan certified by a
2197 metropolitan planning organization in accordance with Section 10-9a-403.1;
2198 (ii) is part of a transit-oriented development or transit-supportive development as
2199 defined in Section 17B-2a-802;
2200 (iii) is adjacent to a completed fixed guideway capital development that was overseen
2201 by the department; or
2202 (iv) will only be used by the large public transit district in a manner that the executive
2203 director determines will provide a benefit to the state transportation system.
2204 (3) Subsection (1) does not apply to the purchase, sale, or exchange of real property, or
2205 to an interest in real property:
2206 (a) that is under a contract or other written agreement before May 5, 2008; or
2207 (b) with a value of less than $100,000, as estimated by the state agency.
2208 Section 25. Section 72-9-604 is amended to read:
2209 72-9-604. Preemption of local authorities -- Tow trucks.
2210 (1) (a) Notwithstanding any other provision of law, a political subdivision of this state
2211 may neither enact nor enforce any ordinance, regulation, or rule pertaining to a tow truck motor
2212 carrier, tow truck operator, or tow truck that conflicts with:
2213 (i) any provision of this part;
2214 (ii) Section 41-6a-1401;
2215 (iii) Section 41-6a-1407; or
2216 (iv) rules made by the department under this part.
2217 (b) A county or municipal legislative governing body may not charge a fee for the
2218 storage of an impounded vehicle, vessel, or outboard motor if the county or municipality:
2219 (i) is holding the vehicle, vessel, or outboard motor as evidence; and
2220 (ii) will not release the vehicle, vessel, or outboard motor to the registered owner, lien
2221 holder, or the owner's agent even if the registered owner, lien holder, or the owner's agent
2222 satisfies the requirements to release the vehicle, vessel, or outboard motor under Section
2223 41-6a-1406.
2224 (2) A tow truck motor carrier that has a county or municipal business license for a
2225 place of business located within that county or municipality may not be required to obtain
2226 another business license in order to perform a tow truck service in another county or
2227 municipality if there is not a business location in the other county or municipality.
2228 (3) A county or municipal legislative or governing body may not require a tow truck
2229 motor carrier, tow truck, or tow truck operator that has been issued a current, authorized towing
2230 certificate by the department, as described in Section 72-9-602, to obtain an additional towing
2231 certificate.
2232 (4) A county or municipal legislative body may require an annual tow truck safety
2233 inspection in addition to the inspections required under Sections 53-8-205 and 72-9-602 if:
2234 (a) no fee is charged for the inspection; and
2235 (b) the inspection complies with federal motor carrier safety regulations.
2236 (5) (a) A tow truck shall be subject to only one annual safety inspection under
2237 Subsection (4)(b).
2238 (b) A county or municipality that requires the additional annual safety inspection shall
2239 accept the same inspection performed by another county or municipality.
2240 (6) [
2241
2242
2243 [
2244
2245
2246 (a) A political subdivision, state agency, an interlocal agency under Title 11, Chapter
2247 13, Interlocal Cooperation Act, or a special service district under Title 17D, Chapter 1, Special
2248 Service District Act, may charge an applicant a fee or charge related to dispatch costs, or to
2249 cover costs associated with the use of a vendor as described in Section 53-1-106.2, in order to
2250 be part of the towing rotation of that political subdivision, state agency, interlocal agency, or
2251 special service district.
2252 (b) In addition to the fees set by the department in rules made in accordance with
2253 Subsection 72-9-603(16), a tow truck motor carrier may charge a fee to cover the costs of a
2254 dispatch charge described in Subsection (6)(a).
2255 (c) The amount of the fee described in Subsection (6)(b) may not exceed the amount
2256 charged to the tow truck motor carrier for dispatch services under Subsection (6)(a).
2257 [
2258
2259 (7) A towing entity may not require a tow truck operator who has received an
2260 authorized towing certificate from the department to submit additional criminal background
2261 check information for inclusion of the tow truck motor carrier on a rotation.
2262 (8) If a tow truck motor carrier is dispatched as part of a towing rotation, the tow truck
2263 operator that responds may not respond to the location in a tow truck that is owned by a tow
2264 truck motor carrier that is different than the tow truck motor carrier that was dispatched.