1     
TRANSPORTATION FUNDING MODIFICATIONS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Robert M. Spendlove

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill distributes money from the County of the First Class Highway Projects Fund
10     to Sandy for a pedestrian bridge.
11     Highlighted Provisions:
12          This bill:
13          ▸     distributes money from the County of the First Class Highway Projects Fund to
14     Sandy for a pedestrian bridge.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          72-2-121, as last amended by Laws of Utah 2023, Chapter 529
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 72-2-121 is amended to read:
25          72-2-121. County of the First Class Highway Projects Fund.
26          (1) There is created a special revenue fund within the Transportation Fund known as
27     the "County of the First Class Highway Projects Fund."

28          (2) The fund consists of money generated from the following revenue sources:
29          (a) any voluntary contributions received for new construction, major renovations, and
30     improvements to highways within a county of the first class;
31          (b) the portion of the sales and use tax described in Subsection 59-12-2214(3)(b)
32     deposited into or transferred to the fund;
33          (c) the portion of the sales and use tax described in Section 59-12-2217 deposited into
34     or transferred to the fund;
35          (d) a portion of the local option highway construction and transportation corridor
36     preservation fee imposed in a county of the first class under Section 41-1a-1222 deposited into
37     or transferred to the fund; and
38          (e) the portion of the sales and use tax transferred into the fund as described in
39     Subsections 59-12-2220(4)(a) and 59-12-2220(11)(b).
40          (3) (a) The fund shall earn interest.
41          (b) All interest earned on fund money shall be deposited into the fund.
42          (4) Subject to Subsection (9), the executive director shall use the fund money only:
43          (a) to pay debt service and bond issuance costs for bonds issued under Sections
44     63B-16-102, 63B-18-402, and 63B-27-102;
45          (b) for right-of-way acquisition, new construction, major renovations, and
46     improvements to highways within a county of the first class and to pay any debt service and
47     bond issuance costs related to those projects, including improvements to a highway located
48     within a municipality in a county of the first class where the municipality is located within the
49     boundaries of more than a single county;
50          (c) for the construction, acquisition, use, maintenance, or operation of:
51          (i) an active transportation facility for nonmotorized vehicles;
52          (ii) multimodal transportation that connects an origin with a destination; or
53          (iii) a facility that may include a:
54          (A) pedestrian or nonmotorized vehicle trail;
55          (B) nonmotorized vehicle storage facility;
56          (C) pedestrian or vehicle bridge; or
57          (D) vehicle parking lot or parking structure;
58          (d) to transfer to the 2010 Salt Lake County Revenue Bond Sinking Fund created by

59     Section 72-2-121.3 the amount required in Subsection 72-2-121.3(4)(c) minus the amounts
60     transferred in accordance with Subsection 72-2-124(4)(a)(iv);
61          (e) for a fiscal year beginning on or after July 1, 2013, to pay debt service and bond
62     issuance costs for $30,000,000 of the bonds issued under Section 63B-18-401 for the projects
63     described in Subsection 63B-18-401(4)(a);
64          (f) for a fiscal year beginning on or after July 1, 2013, and after the department has
65     verified that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund, to
66     transfer an amount equal to 50% of the revenue generated by the local option highway
67     construction and transportation corridor preservation fee imposed under Section 41-1a-1222 in
68     a county of the first class:
69          (i) to the legislative body of a county of the first class; and
70          (ii) to be used by a county of the first class for:
71          (A) highway construction, reconstruction, or maintenance projects; or
72          (B) the enforcement of state motor vehicle and traffic laws;
73          (g) for a fiscal year beginning on or after July 1, 2015, after the department has verified
74     that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and the
75     transfer under Subsection (4)(e) has been made, to annually transfer an amount of the sales and
76     use tax revenue imposed in a county of the first class and deposited into the fund in accordance
77     with Subsection 59-12-2214(3)(b) equal to an amount needed to cover the debt to:
78          (i) the appropriate debt service or sinking fund for the repayment of bonds issued under
79     Section 63B-27-102; and
80          (ii) the appropriate debt service or sinking fund for the repayment of bonds issued
81     under Sections 63B-31-102 and 63B-31-103;
82          (h) after the department has verified that the amount required under Subsection
83     72-2-121.3(4)(c) is available in the fund and after the transfer under Subsection (4)(d), the
84     payment under Subsection (4)(e), and the transfer under Subsection (4)(g)(i) has been made, to
85     annually transfer $2,000,000 to a public transit district in a county of the first class to fund a
86     system for public transit;
87          (i) for a fiscal year beginning on or after July 1, 2018, after the department has verified
88     that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and after
89     the transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the transfer

90     under Subsection (4)(g)(i) has been made, to annually transfer 20% of the amount deposited
91     into the fund under Subsection (2)(b):
92          (i) to the legislative body of a county of the first class; and
93          (ii) to fund parking facilities in a county of the first class that facilitate significant
94     economic development and recreation and tourism within the state;
95          (j) for the 2018-19 fiscal year only, after the department has verified that the amount
96     required under Subsection 72-2-121.3(4)(c) is available in the fund and after the transfer under
97     Subsection (4)(d), the payment under Subsection (4)(e), and the transfers under Subsections
98     (4)(g), (h), and (i) have been made, to transfer $12,000,000 to the department to distribute for
99     the following projects:
100          (i) $2,000,000 to West Valley City for highway improvement to 4100 South;
101          (ii) $1,000,000 to Herriman for highway improvements to Herriman Boulevard from
102     6800 West to 7300 West;
103          (iii) $1,100,000 to South Jordan for highway improvements to Grandville Avenue;
104          (iv) $1,800,000 to Riverton for highway improvements to Old Liberty Way from 13400
105     South to 13200 South;
106          (v) $1,000,000 to Murray City for highway improvements to 5600 South from State
107     Street to Van Winkle;
108          (vi) $1,000,000 to Draper for highway improvements to Lone Peak Parkway from
109     11400 South to 12300 South;
110          (vii) $1,000,000 to Sandy City for right-of-way acquisition for Monroe Street;
111          (viii) $900,000 to South Jordan City for right-of-way acquisition and improvements to
112     10200 South from 2700 West to 3200 West;
113          (ix) $1,000,000 to West Jordan for highway improvements to 8600 South near
114     Mountain View Corridor;
115          (x) $700,000 to South Jordan right-of-way improvements to 10550 South; and
116          (xi) $500,000 to Salt Lake County for highway improvements to 2650 South from
117     7200 West to 8000 West; [and]
118          (k) subject to Subsection (5), for a fiscal year beginning on or after July 1, 2021, and
119     for 15 years thereafter, to annually transfer the following amounts to the following cities, metro
120     townships, and the county of the first class for priority projects to mitigate congestion and

121     improve transportation safety:
122          (i) $2,000,000 to Sandy;
123          (ii) $2,000,000 to Taylorsville;
124          (iii) $1,100,000 to Salt Lake City;
125          (iv) $1,100,000 to West Jordan;
126          (v) $1,100,000 to West Valley City;
127          (vi) $800,000 to Herriman;
128          (vii) $700,000 to Draper;
129          (viii) $700,000 to Riverton;
130          (ix) $700,000 to South Jordan;
131          (x) $500,000 to Bluffdale;
132          (xi) $500,000 to Midvale;
133          (xii) $500,000 to Millcreek;
134          (xiii) $500,000 to Murray;
135          (xiv) $400,000 to Cottonwood Heights; and
136          (xv) $300,000 to Holladay[.]; and
137          (l) for the 2024-25 fiscal year only, to transfer $3,000,000 to Sandy for a pedestrian
138     bridge.
139          (5) (a) If revenue in the fund is insufficient to satisfy all of the transfers described in
140     Subsection (4)(k), the executive director shall proportionately reduce the amounts transferred
141     as described in Subsection (4)(k).
142          (b) A local government entity, as that term is defined in Section 63J-1-220, is exempt
143     from entering into an agreement as described in Section 63J-1-220 pertaining to the receipt or
144     expenditure of any funding described in Subsection (4)(k).
145          (c) A local government may not use revenue described in Subsection (4)(k) to supplant
146     existing class B or class C road funds that a local government has budgeted for transportation
147     projects.
148          (d) (i) A municipality or county that received a transfer of funds described in
149     Subsection (4)(j) shall submit to the department a statement of cash flow and progress
150     pertaining to the municipality's or county's respective project described in Subsection (4)(j).
151          (ii) After the department is satisfied that the municipality or county described in

152     Subsection (4)(j) has made substantial progress and the expenditure of funds is programmed
153     and imminent, the department may transfer to the same municipality or county the respective
154     amounts described in Subsection (4)(k).
155          (6) The revenues described in Subsections (2)(b), (c), and (d) that are deposited into the
156     fund and bond proceeds from bonds issued under Sections 63B-16-102, 63B-18-402, and
157     63B-27-102 are considered a local matching contribution for the purposes described under
158     Section 72-2-123.
159          (7) The additional administrative costs of the department to administer this fund shall
160     be paid from money in the fund.
161          (8) Subject to Subsection (9), and notwithstanding any statutory or other restrictions on
162     the use or expenditure of the revenue sources deposited into this fund, the Department of
163     Transportation may use the money in this fund for any of the purposes detailed in Subsection
164     (4).
165          (9) Any revenue deposited into the fund as described in Subsection (2)(e) shall be used
166     to provide funding or loans for public transit projects, operations, and supporting infrastructure
167     in the county of the first class.
168          Section 2. Effective date.
169          This bill takes effect on May 1, 2024.