This document includes House Floor Amendments incorporated into the bill on Thu, Feb 29, 2024 at 10:48 AM by housengrossing.
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7 LONG TITLE
8 General Description:
9 This bill amends provision related to aeronautics and advanced air mobility systems.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ requires roadable aircraft to be registered as both a motor vehicle and as an aircraft;
14 ▸ provides for the distribution of registration fees for roadable aircraft and advanced
15 air mobility systems;
16 ▸ amends definitions related to airports of regional significance;
17 ▸ provides for the leasing of navigable airspace above highway rights-of-way in
18 certain circumstances;
19 ▸ extends certain land use protections to public use vertiports;
20 ▸ clarifies that flight is generally permitted in airspace over state lands and waters;
21 ▸ prohibits government entities from purchasing or operating an unmanned aircraft
22 system manufactured or assembled in certain foreign countries for inspection of
23 certain critical infrastructure; and
24 ▸ makes technical changes.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 This bill provides a special effective date.
29 Utah Code Sections Affected:
30 AMENDS:
31 41-1a-102, as last amended by Laws of Utah 2023, Chapters 33, 532
32 41-1a-203, as last amended by Laws of Utah 2021, Chapter 59
33 41-1a-205, as last amended by Laws of Utah 2017, Chapters 149, 406
34 41-1a-501, as last amended by Laws of Utah 1992, Chapter 218 and renumbered and
35 amended by Laws of Utah 1992, Chapter 1
36 41-1a-1201, as last amended by Laws of Utah 2023, Chapters 33, 212, 219, 335, and
37 372
38 41-1a-1206, as last amended by Laws of Utah 2023, Chapters 22, 33 and 464
39 41-6a-1642, as last amended by Laws of Utah 2023, Chapters 22, 33 and 532
40 59-12-602, as last amended by Laws of Utah 2023, Chapter 361
41 72-2-126, as last amended by Laws of Utah 2022, Chapter 99
42 72-10-102, as last amended by Laws of Utah 2023, Chapter 216
43 72-10-109, as last amended by Laws of Utah 2023, Chapter 216
44 72-10-110, as last amended by Laws of Utah 2023, Chapter 216
45 72-10-401, as last amended by Laws of Utah 2023, Chapter 65
46 72-10-403, as last amended by Laws of Utah 2023, Chapter 65
47 ENACTS:
48 72-10-1101, Utah Code Annotated 1953
49 72-10-1201, Utah Code Annotated 1953
50 72-10-1202, Utah Code Annotated 1953
51
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 41-1a-102 is amended to read:
54 41-1a-102. Definitions.
55 As used in this chapter:
56 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
57 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
58 vehicles as operated and certified to by a weighmaster.
59 (3) "All-terrain type I vehicle" means the same as that term is defined in Section
60 41-22-2.
61 (4) "All-terrain type II vehicle" means the same as that term is defined in Section
62 41-22-2.
63 (5) "All-terrain type III vehicle" means the same as that term is defined in Section
64 41-22-2.
65 (6) "Alternative fuel vehicle" means:
66 (a) an electric motor vehicle;
67 (b) a hybrid electric motor vehicle;
68 (c) a plug-in hybrid electric motor vehicle; or
69 (d) a motor vehicle powered exclusively by a fuel other than:
70 (i) motor fuel;
71 (ii) diesel fuel;
72 (iii) natural gas; or
73 (iv) propane.
74 (7) "Amateur radio operator" means a person licensed by the Federal Communications
75 Commission to engage in private and experimental two-way radio operation on the amateur
76 band radio frequencies.
77 (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
78 (9) "Automated driving system" means the same as that term is defined in Section
79 41-26-102.1.
80 (10) "Branded title" means a title certificate that is labeled:
81 (a) rebuilt and restored to operation;
82 (b) flooded and restored to operation; or
83 (c) not restored to operation.
84 (11) "Camper" means a structure designed, used, and maintained primarily to be
85 mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
86 mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
87 camping.
88 (12) "Certificate of title" means a document issued by a jurisdiction to establish a
89 record of ownership between an identified owner and the described vehicle, vessel, or outboard
90 motor.
91 (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
92 weighmaster.
93 (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
94 maintained for the transportation of persons or property that operates:
95 (a) as a carrier for hire, compensation, or profit; or
96 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
97 owner's commercial enterprise.
98 (15) "Commission" means the State Tax Commission.
99 (16) "Consumer price index" means the same as that term is defined in Section
100 59-13-102.
101 (17) "Dealer" means a person engaged or licensed to engage in the business of buying,
102 selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
103 conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
104 place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
105 (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
106 (19) "Division" means the Motor Vehicle Division of the commission, created in
107 Section 41-1a-106.
108 (20) "Dynamic driving task" means the same as that term is defined in Section
109 41-26-102.1.
110 (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
111 electric motor drawing current from a rechargeable energy storage system.
112 (22) "Essential parts" means the integral and body parts of a vehicle of a type required
113 to be registered in this state, the removal, alteration, or substitution of which would tend to
114 conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
115 or mode of operation.
116 (23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
117 implement for drawing plows, mowing machines, and other implements of husbandry.
118 (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
119 the owner's or operator's own use in the transportation of:
120 (i) farm products, including livestock and its products, poultry and its products,
121 floricultural and horticultural products;
122 (ii) farm supplies, including tile, fence, and any other thing or commodity used in
123 agricultural, floricultural, horticultural, livestock, and poultry production; and
124 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
125 other purposes connected with the operation of a farm.
126 (b) "Farm truck" does not include the operation of trucks by commercial processors of
127 agricultural products.
128 (25) "Fleet" means one or more commercial vehicles.
129 (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
130 this state from another state, territory, or country other than in the ordinary course of business
131 by or through a manufacturer or dealer, and not registered in this state.
132 (27) "Gross laden weight" means the actual weight of a vehicle or combination of
133 vehicles, equipped for operation, to which shall be added the maximum load to be carried.
134 (28) "Highway" or "street" means the entire width between property lines of every way
135 or place of whatever nature when any part of it is open to the public, as a matter of right, for
136 purposes of vehicular traffic.
137 (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
138 energy from onboard sources of stored energy that are both:
139 (a) an internal combustion engine or heat engine using consumable fuel; and
140 (b) a rechargeable energy storage system where energy for the storage system comes
141 solely from sources onboard the vehicle.
142 (30) (a) "Identification number" means the identifying number assigned by the
143 manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
144 motor.
145 (b) "Identification number" includes a vehicle identification number, state assigned
146 identification number, hull identification number, and motor serial number.
147 (31) "Implement of husbandry" means a vehicle designed or adapted and used
148 exclusively for an agricultural operation and only incidentally operated or moved upon the
149 highways.
150 (32) (a) "In-state miles" means the total number of miles operated in this state during
151 the preceding year by fleet power units.
152 (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
153 total number of miles that those vehicles were towed on Utah highways during the preceding
154 year.
155 (33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
156 province, territory, or possession of the United States or foreign country.
157 (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
158 possession of the United States or any foreign country.
159 (35) "Lienholder" means a person with a security interest in particular property.
160 (36) "Manufactured home" means a transportable factory built housing unit constructed
161 on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
162 Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
163 feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
164 square feet, and which is built on a permanent chassis and designed to be used as a dwelling
165 with or without a permanent foundation when connected to the required utilities, and includes
166 the plumbing, heating, air-conditioning, and electrical systems.
167 (37) "Manufacturer" means a person engaged in the business of constructing,
168 manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
169 outboard motors for the purpose of sale or trade.
170 (38) "Military vehicle" means a vehicle of any size or weight that was manufactured
171 for use by armed forces and that is maintained in a condition that represents the vehicle's
172 military design and markings regardless of current ownership or use.
173 (39) "Mobile home" means a transportable factory built housing unit built prior to June
174 15, 1976, in accordance with a state mobile home code which existed prior to the Federal
175 Manufactured Housing and Safety Standards Act (HUD Code).
176 (40) "Motor fuel" means the same as that term is defined in Section 59-13-102.
177 (41) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
178 operation on the highways.
179 (b) "Motor vehicle" includes a roadable aircraft.
180 [
181 (i) an off-highway vehicle; or
182 (ii) a motor assisted scooter as defined in Section 41-6a-102.
183 (42) "Motorboat" means the same as that term is defined in Section 73-18-2.
184 (43) "Motorcycle" means:
185 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
186 more than three wheels in contact with the ground; or
187 (b) an autocycle.
188 (44) "Natural gas" means a fuel of which the primary constituent is methane.
189 (45) (a) "Nonresident" means a person who is not a resident of this state as defined by
190 Section 41-1a-202, and who does not engage in intrastate business within this state and does
191 not operate in that business any motor vehicle, trailer, or semitrailer within this state.
192 (b) A person who engages in intrastate business within this state and operates in that
193 business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
194 interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
195 considered a resident of this state, insofar as that vehicle is concerned in administering this
196 chapter.
197 (46) "Odometer" means a device for measuring and recording the actual distance a
198 vehicle travels while in operation, but does not include any auxiliary odometer designed to be
199 periodically reset.
200 (47) "Off-highway implement of husbandry" means the same as that term is defined in
201 Section 41-22-2.
202 (48) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2.
203 (49) (a) "Operate" means:
204 (i) to navigate a vessel; or
205 (ii) collectively, the activities performed in order to perform the entire dynamic driving
206 task for a given motor vehicle by:
207 (A) a human driver as defined in Section 41-26-102.1; or
208 (B) an engaged automated driving system.
209 (b) "Operate" includes testing of an automated driving system.
210 (50) "Original issue license plate" means a license plate that is of a format and type
211 issued by the state in the same year as the model year of a vehicle that is a model year 1973 or
212 older.
213 (51) "Outboard motor" means a detachable self-contained propulsion unit, excluding
214 fuel supply, used to propel a vessel.
215 (52) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle,
216 vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a
217 security interest.
218 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
219 sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
220 stated in the agreement and with an immediate right of possession vested in the conditional
221 vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
222 conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
223 chapter.
224 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
225 owner until the lessee exercises the lessee's option to purchase the vehicle.
226 (53) "Park model recreational vehicle" means a unit that:
227 (a) is designed and marketed as temporary living quarters for recreational, camping,
228 travel, or seasonal use;
229 (b) is not permanently affixed to real property for use as a permanent dwelling;
230 (c) requires a special highway movement permit for transit; and
231 (d) is built on a single chassis mounted on wheels with a gross trailer area not
232 exceeding 400 square feet in the setup mode.
233 (54) "Personalized license plate" means a license plate that has displayed on it a
234 combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
235 to the vehicle by the division.
236 (55) (a) "Pickup truck" means a two-axle motor vehicle with motive power
237 manufactured, remanufactured, or materially altered to provide an open cargo area.
238 (b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
239 camper, camper shell, tarp, removable top, or similar structure.
240 (56) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor vehicle that
241 has the capability to charge the battery or batteries used for vehicle propulsion from an
242 off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle
243 while the vehicle is in motion.
244 (57) "Pneumatic tire" means a tire in which compressed air is designed to support the
245 load.
246 (58) "Preceding year" means a period of 12 consecutive months fixed by the division
247 that is within 16 months immediately preceding the commencement of the registration or
248 license year in which proportional registration is sought. The division in fixing the period shall
249 conform it to the terms, conditions, and requirements of any applicable agreement or
250 arrangement for the proportional registration of vehicles.
251 (59) "Public garage" means a building or other place where vehicles or vessels are kept
252 and stored and where a charge is made for the storage and keeping of vehicles and vessels.
253 (60) "Receipt of surrender of ownership documents" means the receipt of surrender of
254 ownership documents described in Section 41-1a-503.
255 (61) "Reconstructed vehicle" means a vehicle of a type required to be registered in this
256 state that is materially altered from its original construction by the removal, addition, or
257 substitution of essential parts, new or used.
258 (62) "Recreational vehicle" means the same as that term is defined in Section
259 13-14-102.
260 (63) "Registration" means a document issued by a jurisdiction that allows operation of
261 a vehicle or vessel on the highways or waters of this state for the time period for which the
262 registration is valid and that is evidence of compliance with the registration requirements of the
263 jurisdiction.
264 (64) "Registration decal" means the decal issued by the division that is evidence of
265 compliance with the division's registration requirements.
266 (65) (a) "Registration year" means a 12 consecutive month period commencing with
267 the completion of the applicable registration criteria.
268 (b) For administration of a multistate agreement for proportional registration the
269 division may prescribe a different 12-month period.
270 (66) "Repair or replacement" means the restoration of vehicles, vessels, or outboard
271 motors to a sound working condition by substituting any inoperative part of the vehicle, vessel,
272 or outboard motor, or by correcting the inoperative part.
273 (67) "Replica vehicle" means:
274 (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
275 (b) a custom vehicle that meets the requirements under Subsection
276 41-6a-1507(1)(a)(i)(B).
277 (68) "Restored-modified vehicle" means a motor vehicle that has been restored and
278 modified with modern parts and technology, including emission control technology and an
279 on-board diagnostic system.
280 (69) "Road tractor" means a motor vehicle designed and used for drawing other
281 vehicles and constructed so it does not carry any load either independently or any part of the
282 weight of a vehicle or load that is drawn.
283 (70) "Roadable aircraft" means the same as that term is defined in Section 72-10-102.
284 [
285 [
286 agreement to secure the payment or performance of an obligation and that is valid against third
287 parties.
288 [
289 persons or property and for being drawn by a motor vehicle and constructed so that some part
290 of its weight and its load rests or is carried by another vehicle.
291 [
292 particular group of people or a license plate authorized and issued by the division in accordance
293 with Section 41-1a-418 or Part 16, Sponsored Special Group License Plates.
294 [
295 transportation purposes and that is:
296 (i) 20 years or older from the current year; or
297 (ii) a make or model of motor vehicle recognized by the division director as having
298 unique interest or historic value.
299 (b) In making a determination under Subsection [
300 shall give special consideration to:
301 (i) a make of motor vehicle that is no longer manufactured;
302 (ii) a make or model of motor vehicle produced in limited or token quantities;
303 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
304 designed exclusively for educational purposes or museum display; or
305 (iv) a motor vehicle of any age or make that has not been substantially altered or
306 modified from original specifications of the manufacturer and because of its significance is
307 being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
308 leisure pursuit.
309 [
310 (i) not designed or used primarily for the transportation of persons or property;
311 (ii) not designed to operate in traffic; and
312 (iii) only incidentally operated or moved over the highways.
313 (b) "Special mobile equipment" includes:
314 (i) farm tractors;
315 (ii) off-road motorized construction or maintenance equipment including backhoes,
316 bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
317 (iii) ditch-digging apparatus.
318 (c) "Special mobile equipment" does not include a commercial vehicle as defined
319 under Section 72-9-102.
320 [
321 registered in this state, not originally constructed under a distinctive name, make, model, or
322 type by a generally recognized manufacturer of vehicles, and not materially altered from its
323 original construction.
324 [
325 described in Subsection 41-1a-402(1).
326 (b) "Standard license plate" includes a license plate for general issue that the division
327 issues before January 1, 2024.
328 [
329 outboard motor that meets the requirements of rules made by the commission pursuant to
330 Subsection 41-1a-1101(5).
331 [
332 group and displayed on a special group license plate.
333 [
334 motor.
335 [
336 jurisdictions during the preceding year by power units.
337 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
338 the number of miles that those vehicles were towed on the highways of all jurisdictions during
339 the preceding year.
340 [
341 72-9-102.
342 [
343 72-9-102.
344 [
345 persons or property and for being drawn by a motor vehicle and constructed so that no part of
346 its weight rests upon the towing vehicle.
347 [
348 conveyed by sale, gift, or any other means except by the creation of a security interest.
349 [
350 property by sale, gift, or any other means except by creation of a security interest.
351 [
352 vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
353 vacation use that does not require a special highway movement permit when drawn by a
354 self-propelled motor vehicle.
355 [
356 drawing other vehicles and not constructed to carry a load other than a part of the weight of the
357 vehicle and load that is drawn.
358 [
359 camper, park model recreational vehicle, manufactured home, and mobile home.
360 [
361 [
362 41-21-1.
363 [
364 73-18-2.
365 [
366 permitted to weigh vehicles under this chapter.
367 Section 2. Section 41-1a-203 is amended to read:
368 41-1a-203. Prerequisites for registration, transfer of ownership, or registration
369 renewal.
370 (1) (a) (i) Except as provided in Subsection (1)(b), the division shall mail a notification
371 to the owner of a vehicle at least 30 days before the date the vehicle's registration is due to
372 expire.
373 (ii) The division shall ensure that mailing of notifications described in Section (1)(a)(i)
374 begins as soon as practicable.
375 (b) (i) The division shall provide a process for a vehicle owner to choose to receive
376 electronic notification of the pending expiration of a vehicle's registration.
377 (ii) If a vehicle owner chooses electronic notification, the division shall notify by email
378 the owner of a vehicle at least 30 days before the date the vehicle's registration is due to expire.
379 (2) Except as otherwise provided, before registration of a vehicle, an owner shall:
380 (a) obtain an identification number inspection under Section 41-1a-204;
381 (b) obtain a certificate of emissions inspection, if required in the current year, as
382 provided under Section 41-6a-1642;
383 (c) pay property taxes, the in lieu fee, or receive a property tax clearance under Section
384 41-1a-206 or 41-1a-207;
385 (d) pay the automobile driver education tax required by Section 41-1a-208;
386 (e) pay the applicable registration fee under Part 12, Fee and Tax Requirements;
387 (f) pay the uninsured motorist identification fee under Section 41-1a-1218, if
388 applicable;
389 (g) pay the motor carrier fee under Section 41-1a-1219, if applicable;
390 (h) pay any applicable local emissions compliance fee under Section 41-1a-1223; [
391 (i) pay the taxes applicable under Title 59, Chapter 12, Sales and Use Tax Act[
392 (j) for a roadable aircraft, provide proof of registration of the roadable aircraft as an
393 aircraft under Section 72-10-109.
394 (3) In addition to the requirements in Subsection (1), an owner of a vehicle that has not
395 been previously registered or that is currently registered under a previous owner's name shall
396 apply for a valid certificate of title in the owner's name before registration.
397 (4) The division may not issue a new registration, transfer of ownership, or registration
398 renewal under Section 73-18-7 for a vessel or outboard motor that is subject to this chapter
399 unless a certificate of title has been or is in the process of being issued in the same owner's
400 name.
401 (5) The division may not issue a new registration, transfer of ownership, or registration
402 renewal under Section 41-22-3 for an off-highway vehicle that is subject to this chapter unless
403 a certificate of title has been or is in the process of being issued in the same owner's name.
404 (6) The division may not issue a registration renewal for a motor vehicle if the division
405 has received a hold request for the motor vehicle for which a registration renewal has been
406 requested as described in:
407 (a) Section 72-1-213.1; or
408 (b) Section 72-6-118.
409 Section 3. Section 41-1a-205 is amended to read:
410 41-1a-205. Safety inspection certificate required for commercial motor vehicles
411 and initial registration of street-legal ATVs and salvage vehicles.
412 (1) A street-legal all-terrain vehicle registered in accordance with Section 41-6a-1509
413 is subject to a safety inspection the first time that a person registers an off-highway vehicle as a
414 street-legal all-terrain vehicle.
415 (2) A salvage vehicle as defined in Section 41-1a-1001 is subject to a safety inspection
416 when the owner makes the initial application to register the vehicle as a salvage vehicle.
417 (3) A roadable aircraft is subject to a safety inspection when the owner makes the
418 initial application to register the roadable aircraft.
419 [
420 (a) all registered commercial vehicles as defined in Section 72-9-102;
421 (b) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
422 multiple axles;
423 (c) a combination unit;
424 (d) a bus or van for hire;
425 (e) a taxicab; and
426 (f) a motor vehicle operated by a ground transportation service provider as defined in
427 Section 72-10-601.
428 [
429 Section 4. Section 41-1a-501 is amended to read:
430 41-1a-501. Certificate of title required.
431 Unless exempted, each owner of a motor vehicle, vessel, outboard motor, trailer,
432 semitrailer, manufactured home, mobile home, [
433 shall apply to the division for a certificate of title on forms furnished by the division as
434 evidence of ownership.
435 Section 5. Section 41-1a-1201 is amended to read:
436 41-1a-1201. Disposition of fees.
437 (1) All fees received and collected under this part shall be transmitted daily to the state
438 treasurer.
439 (2) Except as provided in Subsections (3), (5), (6), (7), (8), and (9) and Sections
440 41-1a-1205, 41-1a-1220, 41-1a-1221, 41-1a-1222, 41-1a-1223, and 41-1a-1603, all fees
441 collected under this part shall be deposited into the Transportation Fund.
442 (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), (7), and (9), and
443 Section 41-1a-1212 shall be deposited into the License Plate Restricted Account created in
444 Section 41-1a-122.
445 (4) (a) Except as provided in Subsections (3) and (4)(b) and Section 41-1a-1205, the
446 expenses of the commission in enforcing and administering this part shall be provided for by
447 legislative appropriation from the revenues of the Transportation Fund.
448 (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
449 and (b) for each vehicle registered for a six-month registration period under Section
450 41-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
451 administering this part.
452 (c) Fifty cents of the registration fee imposed under Subsection 41-1a-1206(1)(i) for
453 each vintage vehicle that has a model year of 1981 or newer may be used by the commission to
454 cover the costs incurred in enforcing and administering this part.
455 (5) (a) The following portions of the registration fees imposed under Section
456 41-1a-1206 for each vehicle shall be deposited into the Transportation Investment Fund of
457 2005 created in Section 72-2-124:
458 (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
459 (1)(f), (4), and (7);
460 (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
461 (1)(c)(ii);
462 (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
463 (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
464 (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); [
465 (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii)[
466 (vii) $17 of the registration fee imposed under Subsection 41-1a-1206(1)(j).
467 (b) The following portions of the registration fees collected for each vehicle registered
468 for a six-month registration period under Section 41-1a-215.5 shall be deposited into the
469 Transportation Investment Fund of 2005 created in Section 72-2-124:
470 (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and
471 (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii).
472 (6) (a) Ninety-four cents of each registration fee imposed under Subsections
473 41-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Public Safety Restricted
474 Account created in Section 53-3-106.
475 (b) Seventy-one cents of each registration fee imposed under Subsections
476 41-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
477 Section 41-1a-215.5 shall be deposited into the Public Safety Restricted Account created in
478 Section 53-3-106.
479 (7) (a) One dollar of each registration fee imposed under Subsections 41-1a-1206(1)(a)
480 and (b) for each vehicle shall be deposited into the Motor Vehicle Safety Impact Restricted
481 Account created in Section 53-8-214.
482 (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
483 and (b) for each vehicle registered for a six-month registration period under Section
484 41-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
485 created in Section 53-8-214.
486 (8) Fifty cents of each registration fee imposed under Subsection 41-1a-1206(1)(a) for
487 each motorcycle shall be deposited into the Neuro-Rehabilitation Fund created in Section
488 26B-1-319.
489 (9) (a) Beginning on January 1, 2024, subject to Subsection (9)(b), $2 of each
490 registration fee imposed under Section 41-1a-1206 shall be deposited into the Rural
491 Transportation Infrastructure Fund created in Section 72-2-133.
492 (b) Beginning on January 1, 2025, and each January 1 thereafter, the amount described
493 in Subsection (9)(a) shall be annually adjusted by taking the amount deposited the previous
494 year and adding an amount equal to the greater of:
495 (i) an amount calculated by multiplying the amount deposited by the previous year by
496 the actual percentage change during the previous fiscal year in the Consumer Price Index; and
497 (ii) 0.
498 (c) The amounts calculated as described in Subsection (9)(b) shall be rounded up to the
499 nearest 1 cent.
500 Section 6. Section 41-1a-1206 is amended to read:
501 41-1a-1206. Registration fees -- Fees by gross laden weight.
502 (1) Except as provided in Subsections (2) and (3), at the time application is made for
503 registration or renewal of registration of a vehicle or combination of vehicles under this
504 chapter, a registration fee shall be paid to the division as follows:
505 (a) $46.00 for each motorcycle;
506 (b) $44 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
507 motorcycles;
508 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
509 or is registered under Section 41-1a-301:
510 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
511 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
512 gross unladen weight;
513 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
514 gross laden weight; plus
515 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
516 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
517 trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
518 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
519 (f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
520 exceeding 14,000 pounds gross laden weight; plus
521 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
522 (g) $45 for each vintage vehicle that has a model year of 1983 or newer;
523 (h) in addition to the fee described in Subsection (1)(b):
524 (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for:
525 (A) each electric motor vehicle; and
526 (B) Each motor vehicle not described in this Subsection (1)(h) that is fueled
527 exclusively by a source other than motor fuel, diesel fuel, natural gas, or propane;
528 (ii) $21.75 for each hybrid electric motor vehicle; and
529 (iii) $56.50 for each plug-in hybrid electric motor vehicle; [
530 (i) in addition to the fee described in Subsection (1)(g), for a vintage vehicle that has a
531 model year of 1983 or newer, 50 cents[
532 (j) $28.50 for each roadable aircraft.
533 (2) (a) At the time application is made for registration or renewal of registration of a
534 vehicle under this chapter for a six-month registration period under Section 41-1a-215.5, a
535 registration fee shall be paid to the division as follows:
536 (i) $34.50 for each motorcycle; and
537 (ii) $33.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
538 excluding motorcycles.
539 (b) In addition to the fee described in Subsection (2)(a)(ii), for registration or renewal
540 of registration of a vehicle under this chapter for a six-month registration period under Section
541 41-1a-215.5 a registration fee shall be paid to the division as follows:
542 (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for:
543 (A) each electric motor vehicle; and
544 (B) each motor vehicle not described in this Subsection (2)(b) that is fueled exclusively
545 by a source other than motor fuel, diesel fuel, natural gas, or propane;
546 (ii) $16.50 for each hybrid electric motor vehicle; and
547 (iii) $43.50 for each plug-in hybrid electric motor vehicle.
548 (3) (a) Beginning on January 1, 2024, at the time of registration:
549 (i) in addition to the amounts described in Subsections (1)(a), (1)(b), (1)(c)(i),
550 (1)(c)(ii), (1)(d)(i), (1)(e)(i), (1)(f)(i), (1)(g), (1)(h), (4)(a), and (7), the individual shall also pay
551 an additional $7 as part of the registration fee; and
552 (ii) in addition to the amounts described in Subsection (2)(a), the individual shall also
553 pay an additional $5 as part of the registration fee.
554 (b) (i) Beginning on January 1, 2019, the commission shall, on January 1, annually
555 adjust the registration fees described in Subsections (1)(a), (1)(b), (1)(c)(i), (1)(c)(ii), (1)(d)(i),
556 (1)(e)(i), (1)(f)(i), (1)(g), (1)(j), (2)(a), (3)(a), (4)(a), and (7), by taking the registration fee rate
557 for the previous year and adding an amount equal to the greater of:
558 (A) an amount calculated by multiplying the registration fee of the previous year by the
559 actual percentage change during the previous fiscal year in the Consumer Price Index; and
560 (B) 0.
561 (ii) Beginning on January 1, 2024, the commission shall, on January 1, annually adjust
562 the registration fees described in Subsections (1)(h)(ii) and (iii) and (2)(b)(ii) and (iii) by taking
563 the registration fee rate for the previous year and adding an amount equal to the greater of:
564 (A) an amount calculated by multiplying the registration fee of the previous year by the
565 actual percentage change during the previous fiscal year in the Consumer Price Index; and
566 (B) 0.
567 (c) The amounts calculated as described in Subsection (3)(b) shall be rounded up to the
568 nearest 25 cents.
569 (4) (a) The initial registration fee for a vintage vehicle that has a model year of 1982 or
570 older is $40.
571 (b) A vintage vehicle that has a model year of 1982 or older is exempt from the
572 renewal of registration fees under Subsection (1).
573 (c) A vehicle with a Purple Heart special group license plate issued on or before
574 December 31, 2023, or issued in accordance with Part 16, Sponsored Special Group License
575 Plates, is exempt from the registration fees under Subsection (1).
576 (d) A camper is exempt from the registration fees under Subsection (1).
577 (5) If a motor vehicle is operated in combination with a semitrailer or trailer, each
578 motor vehicle shall register for the total gross laden weight of all units of the combination if the
579 total gross laden weight of the combination exceeds 12,000 pounds.
580 (6) (a) Registration fee categories under this section are based on the gross laden
581 weight declared in the licensee's application for registration.
582 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
583 of 2,000 pounds is a full unit.
584 (7) The owner of a commercial trailer or commercial semitrailer may, as an alternative
585 to registering under Subsection (1)(c), apply for and obtain a special registration and license
586 plate for a fee of $130.
587 (8) Except as provided in Section 41-6a-1642, a truck may not be registered as a farm
588 truck unless:
589 (a) the truck meets the definition of a farm truck under Section 41-1a-102; and
590 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
591 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
592 submits to the division a certificate of emissions inspection or a waiver in compliance with
593 Section 41-6a-1642.
594 (9) A violation of Subsection (8) is an infraction that shall be punished by a fine of not
595 less than $200.
596 (10) Trucks used exclusively to pump cement, bore wells, or perform crane services
597 with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
598 required for those vehicles under this section.
599 Section 7. Section 41-6a-1642 is amended to read:
600 41-6a-1642. Emissions inspection -- County program.
601 (1) The legislative body of each county required under federal law to utilize a motor
602 vehicle emissions inspection and maintenance program or in which an emissions inspection
603 and maintenance program is necessary to attain or maintain any national ambient air quality
604 standard shall require:
605 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
606 is exempt from emissions inspection and maintenance program requirements be presented:
607 (i) as a condition of registration or renewal of registration; and
608 (ii) at other times as the county legislative body may require to enforce inspection
609 requirements for individual motor vehicles, except that the county legislative body may not
610 routinely require a certificate of emissions inspection, or waiver of the certificate, more often
611 than required under Subsection (9); and
612 (b) compliance with this section for a motor vehicle registered or principally operated
613 in the county and owned by or being used by a department, division, instrumentality, agency, or
614 employee of:
615 (i) the federal government;
616 (ii) the state and any of its agencies; or
617 (iii) a political subdivision of the state, including school districts.
618 (2) (a) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle
619 emissions inspection and maintenance program certificate of emissions inspection as described
620 in Subsection (1), but the program may not deny vehicle registration based solely on the
621 presence of a defeat device covered in the Volkswagen partial consent decrees or a United
622 States Environmental Protection Agency-approved vehicle modification in the following
623 vehicles:
624 (i) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide emissions
625 are mitigated in the state pursuant to a partial consent decree, including:
626 (A) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
627 (B) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
628 2014;
629 (C) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
630 (D) Volkswagen Golf Sportwagen, model year 2015;
631 (E) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
632 (F) Volkswagen Beetle, model years 2013, 2014, and 2015;
633 (G) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
634 (H) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
635 (ii) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
636 emissions are mitigated in the state to a settlement, including:
637 (A) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and
638 2016;
639 (B) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
640 (C) Audi A6 Quattro, model years 2014, 2015, and 2016;
641 (D) Audi A7 Quattro, model years 2014, 2015, and 2016;
642 (E) Audi A8, model years 2014, 2015, and 2016;
643 (F) Audi A8L, model years 2014, 2015, and 2016;
644 (G) Audi Q5, model years 2014, 2015, and 2016; and
645 (H) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
646 (b) (i) An owner of a restored-modified vehicle subject to Subsection (1) shall obtain a
647 motor vehicle emissions inspection and maintenance program certificate of emissions
648 inspection as described in Subsection (1).
649 (ii) A county emissions program may not refuse to perform an emissions inspection or
650 indicate a failed emissions test of the vehicle based solely on a modification to the engine or
651 component of the motor vehicle if:
652 (A) the modification is not likely to result in the motor vehicle having increased
653 emissions relative to the emissions of the motor vehicle before the modification; and
654 (B) the motor vehicle modification is a change to an engine that is newer than the
655 engine with which the motor vehicle was originally equipped, or the engine includes
656 technology that increases the facility of the administration of an emissions test, such as an
657 on-board diagnostics system.
658 (iii) The first time an owner seeks to obtain an emissions inspection as a prerequisite to
659 registration of a restored-modified vehicle:
660 (A) the owner shall present the signed statement described in Subsection 41-1a-226(4);
661 and
662 (B) the county emissions program shall perform the emissions test.
663 (iv) If a motor vehicle is registered as a restored-modified vehicle and the registration
664 certificate is notated as described in Subsection 41-1a-226(4), a county emissions program may
665 not refuse to perform an emissions test based solely on the restored-modified status of the
666 motor vehicle.
667 (3) (a) The legislative body of a county identified in Subsection (1), in consultation
668 with the Air Quality Board created under Section 19-1-106, shall make regulations or
669 ordinances regarding:
670 (i) emissions standards;
671 (ii) test procedures;
672 (iii) inspections stations;
673 (iv) repair requirements and dollar limits for correction of deficiencies; and
674 (v) certificates of emissions inspections.
675 (b) In accordance with Subsection (3)(a), a county legislative body:
676 (i) shall make regulations or ordinances to attain or maintain ambient air quality
677 standards in the county, consistent with the state implementation plan and federal
678 requirements;
679 (ii) may allow for a phase-in of the program by geographical area; and
680 (iii) shall comply with the analyzer design and certification requirements contained in
681 the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
682 (c) The county legislative body and the Air Quality Board shall give preference to an
683 inspection and maintenance program that:
684 (i) is decentralized, to the extent the decentralized program will attain and maintain
685 ambient air quality standards and meet federal requirements;
686 (ii) is the most cost effective means to achieve and maintain the maximum benefit with
687 regard to ambient air quality standards and to meet federal air quality requirements as related to
688 vehicle emissions; and
689 (iii) provides a reasonable phase-out period for replacement of air pollution emission
690 testing equipment made obsolete by the program.
691 (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
692 (i) may be accomplished in accordance with applicable federal requirements; and
693 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
694 quality standards.
695 (4) The following vehicles are exempt from an emissions inspection program and the
696 provisions of this section:
697 (a) an implement of husbandry as defined in Section 41-1a-102;
698 (b) a motor vehicle that:
699 (i) meets the definition of a farm truck under Section 41-1a-102; and
700 (ii) has a gross vehicle weight rating of 12,001 pounds or more;
701 (c) a vintage vehicle as defined in Section 41-21-1:
702 (i) if the vintage vehicle has a model year of 1982 or older; or
703 (ii) for a vintage vehicle that has a model year of 1983 or newer, if the owner provides
704 proof of vehicle insurance that is a type specific to a vehicle collector;
705 (d) a custom vehicle as defined in Section 41-6a-1507;
706 (e) to the extent allowed under the current federally approved state implementation
707 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
708 vehicle that is less than two years old on January 1 based on the age of the vehicle as
709 determined by the model year identified by the manufacturer;
710 (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
711 of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
712 statement to the legislative body stating the truck is used:
713 (i) by the owner or operator of a farm located on property that qualifies as land in
714 agricultural use under Sections 59-2-502 and 59-2-503; and
715 (ii) exclusively for the following purposes in operating the farm:
716 (A) for the transportation of farm products, including livestock and its products,
717 poultry and its products, floricultural and horticultural products; and
718 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
719 commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
720 and maintenance;
721 (g) a motorcycle as defined in Section 41-1a-102;
722 (h) an electric motor vehicle as defined in Section 41-1a-102; [
723 (i) a motor vehicle with a model year of 1967 or older[
724 (j) a roadable aircraft as defined in Section 72-10-102.
725 (5) The county shall issue to the registered owner who signs and submits a signed
726 statement under Subsection (4)(f) a certificate of exemption from emissions inspection
727 requirements for purposes of registering the exempt vehicle.
728 (6) A legislative body of a county described in Subsection (1) may exempt from an
729 emissions inspection program a diesel-powered motor vehicle with a:
730 (a) gross vehicle weight rating of more than 14,000 pounds; or
731 (b) model year of 1997 or older.
732 (7) The legislative body of a county required under federal law to utilize a motor
733 vehicle emissions inspection program shall require:
734 (a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
735 (i) a model year of 2007 or newer;
736 (ii) a gross vehicle weight rating of 14,000 pounds or less; and
737 (iii) a model year that is five years old or older; and
738 (b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
739 (i) with a gross vehicle weight rating of 14,000 pounds or less;
740 (ii) that has a model year of 1998 or newer; and
741 (iii) that has a model year that is five years old or older.
742 (8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
743 federal law to utilize a motor vehicle emissions inspection and maintenance program or in
744 which an emissions inspection and maintenance program is necessary to attain or maintain any
745 national ambient air quality standard may require each college or university located in a county
746 subject to this section to require its students and employees who park a motor vehicle not
747 registered in a county subject to this section to provide proof of compliance with an emissions
748 inspection accepted by the county legislative body if the motor vehicle is parked on the college
749 or university campus or property.
750 (b) College or university parking areas that are metered or for which payment is
751 required per use are not subject to the requirements of this Subsection (8).
752 (c) The legislative body of a county shall make the reasons for implementing the
753 provisions of this Subsection (8) part of the record at the time that the county legislative body
754 takes its official action to implement the provisions of this Subsection (8).
755 (9) (a) An emissions inspection station shall issue a certificate of emissions inspection
756 for each motor vehicle that meets the inspection and maintenance program requirements
757 established in regulations or ordinances made under Subsection (3).
758 (b) The frequency of the emissions inspection shall be determined based on the age of
759 the vehicle as determined by model year and shall be required annually subject to the
760 provisions of Subsection (9)(c).
761 (c) (i) To the extent allowed under the current federally approved state implementation
762 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
763 body of a county identified in Subsection (1) shall only require the emissions inspection every
764 two years for each vehicle.
765 (ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
766 years old on January 1.
767 (iii) For a county required to implement a new vehicle emissions inspection and
768 maintenance program on or after December 1, 2012, under Subsection (1), but for which no
769 current federally approved state implementation plan exists, a vehicle shall be tested at a
770 frequency determined by the county legislative body, in consultation with the Air Quality
771 Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
772 maintain any national ambient air quality standard.
773 (iv) If a county legislative body establishes or changes the frequency of a vehicle
774 emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
775 or change shall take effect on January 1 if the State Tax Commission receives notice meeting
776 the requirements of Subsection (9)(c)(v) from the county before October 1.
777 (v) The notice described in Subsection (9)(c)(iv) shall:
778 (A) state that the county will establish or change the frequency of the vehicle emissions
779 inspection and maintenance program under this section;
780 (B) include a copy of the ordinance establishing or changing the frequency; and
781 (C) if the county establishes or changes the frequency under this section, state how
782 frequently the emissions testing will be required.
783 (d) If an emissions inspection is only required every two years for a vehicle under
784 Subsection (9)(c), the inspection shall be required for the vehicle in:
785 (i) odd-numbered years for vehicles with odd-numbered model years; or
786 (ii) in even-numbered years for vehicles with even-numbered model years.
787 (10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
788 required under this section may be made no more than two months before the renewal of
789 registration.
790 (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
791 emissions inspection certificate issued for the motor vehicle during the previous 11 months to
792 satisfy the requirement under this section.
793 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
794 use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
795 motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
796 this section.
797 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
798 lessee may use an emissions inspection certificate issued during the previous 11 months to
799 satisfy the requirement under this section.
800 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
801 use an emissions inspection made more than 11 months before the renewal of registration to
802 satisfy the requirement under this section.
803 (e) If the application for renewal of registration is for a six-month registration period
804 under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
805 the previous eight months to satisfy the requirement under this section.
806 (11) (a) A county identified in Subsection (1) shall collect information about and
807 monitor the program.
808 (b) A county identified in Subsection (1) shall supply this information to an appropriate
809 legislative committee, as designated by the Legislative Management Committee, at times
810 determined by the designated committee to identify program needs, including funding needs.
811 (12) If approved by the county legislative body, a county that had an established
812 emissions inspection fee as of January 1, 2002, may increase the established fee that an
813 emissions inspection station may charge by $2.50 for each year that is exempted from
814 emissions inspections under Subsection (9)(c) up to a $7.50 increase.
815 (13) (a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
816 Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration
817 within the county in accordance with the procedures and requirements of Section 41-1a-1223.
818 (b) A county that imposes a local emissions compliance fee may use revenues
819 generated from the fee for the establishment and enforcement of an emissions inspection and
820 maintenance program in accordance with the requirements of this section.
821 (c) A county that imposes a local emissions compliance fee may use revenues
822 generated from the fee to promote programs to maintain a local, state, or national ambient air
823 quality standard.
824 (14) (a) If a county has reason to believe that a vehicle owner has provided an address
825 as required in Section 41-1a-209 to register or attempt to register a motor vehicle in a county
826 other than the county of the bona fide residence of the owner in order to avoid an emissions
827 inspection required under this section, the county may investigate and gather evidence to
828 determine whether the vehicle owner has used a false address or an address other than the
829 vehicle owner's bona fide residence or place of business.
830 (b) If a county conducts an investigation as described in Subsection (14)(a) and
831 determines that the vehicle owner has used a false or improper address in an effort to avoid an
832 emissions inspection as required in this section, the county may impose a civil penalty of
833 $1,000.
834 (15) A county legislative body described in Subsection (1) may exempt a motor vehicle
835 from an emissions inspection if:
836 (a) the motor vehicle is 30 years old or older;
837 (b) the county determines that the motor vehicle was driven less than 1,500 miles
838 during the preceding 12-month period; and
839 (c) the owner provides to the county legislative body a statement signed by the owner
840 that states the motor vehicle:
841 (i) is primarily a collector's item used for:
842 (A) participation in club activities;
843 (B) exhibitions;
844 (C) tours; or
845 (D) parades; or
846 (ii) is only used for occasional transportation.
847 Section 8. Section 59-12-602 is amended to read:
848 59-12-602. Definitions.
849 As used in this part:
850 (1) [
851
852
853 [
854 includes:
855 [
856 transportation service to or from the airport;
857 [
858 [
859 [
860 (2) "Airport of regional significance" means the same as that term is defined in Section
861 59-12-2202.
862 [
863 41-22-2.
864 [
865 41-22-2.
866 [
867 41-22-2.
868 [
869 center, sports arena, or other facility at which conventions, conferences, and other gatherings
870 are held and whose primary business or function is to host such conventions, conferences, and
871 other gatherings.
872 [
873 center, music hall, or other cultural or arts facility.
874 [
875 means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III
876 vehicle, or motorcycle.
877 (b) "Off-highway vehicle" does not include a vehicle that is a motor vehicle under
878 Section 41-1a-102.
879 [
880 [
881 operated park, campground, marina, dock, golf course, water park, historic park, monument,
882 planetarium, zoo, bicycle trails, and other recreation or tourism-related facility.
883 [
884 vehicle" means a vehicular unit other than a mobile home, primarily designed as a temporary
885 dwelling for travel, recreational, or vacation use, that is pulled by another vehicle.
886 (b) "Recreational vehicle" includes:
887 (i) a travel trailer;
888 (ii) a camping trailer; and
889 (iii) a fifth wheel trailer.
890 (c) "Recreational vehicle" does not include a vehicle that is a motor vehicle under
891 Section 41-1a-102.
892 [
893 fountain, or fast-food service where food is prepared for immediate consumption.
894 (b) "Restaurant" does not include:
895 (i) any retail establishment whose primary business or function is the sale of fuel or
896 food items for off-premise, but not immediate, consumption; and
897 (ii) a theater that sells food items, but not a dinner theater.
898 [
899 (b) "Short-term rental" does not include car sharing as that term is defined in Section
900 13-48a-101.
901 [
902 [
903 vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
904 vacation use that does not require a special highway movement permit when drawn by a
905 self-propelled motor vehicle.
906 Section 9. Section 72-2-126 is amended to read:
907 72-2-126. Aeronautics Restricted Account.
908 (1) There is created a restricted account entitled the Aeronautics Restricted Account
909 within the Transportation Fund.
910 (2) The account consists of money generated from the following revenue sources:
911 (a) aviation fuel tax allocated for aeronautical operations deposited into the account in
912 accordance with Section 59-13-402;
913 (b) aircraft registration fees deposited into the account in accordance with Section
914 72-10-110;
915 (c) appropriations made to the account by the Legislature;
916 (d) contributions from other public and private sources for deposit into the account;
917 and
918 (e) interest earned on account money.
919 (3) The department shall allocate funds in the account to the separate accounts of
920 individual airports as required under Section 59-13-402.
921 (4) (a) Except as provided in Subsection (4)(b), the department shall use funds in the
922 account for:
923 (i) the construction, improvement, operation, and maintenance of publicly used airports
924 in this state;
925 (ii) the payment of principal and interest on indebtedness incurred for the purposes
926 described in Subsection (4)(a);
927 (iii) operation of the division of aeronautics;
928 (iv) the promotion of aeronautics in this state; and
929 (v) the payment of the costs and expenses of the Department of Transportation in
930 administering Title 59, Chapter 13, Part 4, Aviation Fuel, or another law conferring upon it the
931 duty of regulating and supervising aeronautics in this state.
932 (b) (i) The department may use funds in the account for the support of aerial search and
933 rescue operations, provided that no money deposited into the account under Subsection (2)(a)
934 is used for that purpose.
935 (ii) The department may use funds in the account from the registration of unmanned
936 aircraft systems only for state infrastructure and administration related to advanced air mobility
937 and unmanned aircraft systems.
938 (5) (a) Money in the account may not be used by the department for the purchase of
939 aircraft for purposes other than those described in Subsection (4).
940 (b) Money in the account may not be used to provide or subsidize direct operating costs
941 of travel for purposes other than those described in Subsection (4).
942 (6) The Department may not use money in the account to fund:
943 (a) more than 77% of the operations costs related to state owned aircraft in fiscal year
944 2023-24;
945 (b) more than 52% of the operations costs related to state owned aircraft in fiscal year
946 2024-25;
947 (c) more than 26% of the operations costs related to state owned aircraft in fiscal year
948 2025-26;
949 (d) more than 10% of the operations costs related to state owned aircraft in fiscal year
950 2026-27; or
951 (e) any operations costs related to state owned aircraft in a fiscal year beginning on or
952 after July 1, 2027.
953 Section 10. Section 72-10-102 is amended to read:
954 72-10-102. Definitions.
955 As used in this chapter:
956 (1) "Acrobatics" means the intentional maneuvers of an aircraft not necessary to air
957 navigation.
958 (2) (a) "Advanced air mobility system" means a system that transports individuals and
959 property using piloted and unpiloted aircraft, including electric aircraft and electric vertical
960 takeoff and landing aircraft, in controlled or uncontrolled airspace.
961 (b) "Advanced air mobility system" includes each component of a system described in
962 Subsection (2)(a), including:
963 (i) the aircraft, including payload;
964 (ii) communications equipment;
965 (iii) navigation equipment;
966 (iv) controllers;
967 (v) support equipment; and
968 (vi) remote and autonomous functions.
969 (3) "Aerial transit corridor" means an airspace volume defining a three-dimensional
970 route segment with performance requirements to operate within or to cross where tactical air
971 traffic control separation services are not provided.
972 (4) "Aeronautics" means transportation by aircraft, air instruction, the operation, repair,
973 or maintenance of aircraft, and the design, operation, repair, or maintenance of airports, or
974 other air navigation facilities.
975 (5) "Aeronautics instructor" means any individual engaged in giving or offering to give
976 instruction in aeronautics, flying, or ground subjects, either with or without:
977 (a) compensation or other reward;
978 (b) advertising the occupation;
979 (c) calling his facilities an air school, or any equivalent term; or
980 (d) employing or using other instructors.
981 (6) "Aircraft" means any contrivance now known or in the future invented, used, or
982 designed for navigation of or flight in the air.
983 (7) "Air instruction" means the imparting of aeronautical information by any aviation
984 instructor or in any air school or flying club.
985 (8) "Airport" means any area of land, water, or both, that:
986 (a) is used or is made available for landing and takeoff;
987 (b) provides facilities for the shelter, supply, and repair of aircraft, and handling of
988 passengers and cargo;
989 (c) meets the minimum requirements established by the department as to size and
990 design, surface, marking, equipment, and operation; and
991 (d) includes all areas shown as part of the airport in the current airport layout plan as
992 approved by the Federal Aviation Administration.
993 (9) "Airport authority" means a political subdivision of the state, other than a county or
994 municipality, that is authorized by statute to operate an airport.
995 (10) "Airport operator" means a municipality, county, or airport authority that owns or
996 operates a commercial airport.
997 (11) (a) "Airport revenue" means:
998 (i) all fees, charges, rents, or other payments received by or accruing to an airport
999 operator for any of the following reasons:
1000 (A) revenue from air carriers, tenants, lessees, purchasers of airport properties, airport
1001 permittees making use of airport property and services, and other parties;
1002 (B) revenue received from the activities of others or the transfer of rights to others
1003 relating to the airport, including revenue received:
1004 (I) for the right to conduct an activity on the airport or to use or occupy airport
1005 property;
1006 (II) for the sale, transfer, or disposition of airport real or personal property, or any
1007 interest in that property, including transfer through a condemnation proceeding;
1008 (III) for the sale of, or the sale or lease of rights in, mineral, natural, or agricultural
1009 products or water owned by the airport operator to be taken from the airport; and
1010 (IV) for the right to conduct an activity on, or for the use or disposition of, real or
1011 personal property or any interest in real or personal property owned or controlled by the airport
1012 operator and used for an airport-related purpose but not located on the airport; or
1013 (C) revenue received from activities conducted by the airport operator whether on or
1014 off the airport, which is directly connected to the airport operator's ownership or operation of
1015 the airport; and
1016 (ii) state and local taxes on aviation fuel.
1017 (b) "Airport revenue" does not include amounts received by an airport operator as
1018 passenger facility fees pursuant to 49 U.S.C. Sec. 40117.
1019 (12) "Air school" means any person engaged in giving, offering to give, or advertising,
1020 representing, or holding himself out as giving, with or without compensation or other reward,
1021 instruction in aeronautics, flying, or ground subjects, or in more than one of these subjects.
1022 (13) "Airworthiness" means conformity with requirements prescribed by the Federal
1023 Aviation Administration regarding the structure or functioning of aircraft, engine, parts, or
1024 accessories.
1025 (14) "Civil aircraft" means any aircraft other than a public aircraft.
1026 (15) "Commercial aircraft" means aircraft used for commercial purposes.
1027 (16) "Commercial airport" means a landing area, landing strip, or airport that may be
1028 used for commercial operations.
1029 (17) "Commercial flight operator" means a person who conducts commercial
1030 operations.
1031 (18) "Commercial operations" means:
1032 (a) any operations of an aircraft for compensation or hire or any services performed
1033 incidental to the operation of any aircraft for which a fee is charged or compensation is
1034 received, including the servicing, maintaining, and repairing of aircraft, the rental or charter of
1035 aircraft, the operation of flight or ground schools, the operation of aircraft for the application or
1036 distribution of chemicals or other substances, and the operation of aircraft for hunting and
1037 fishing; or
1038 (b) the brokering or selling of any of these services; but
1039 (c) does not include any operations of aircraft as common carriers certificated by the
1040 federal government or the services incidental to those operations.
1041 (19) "Correctional facility" means the same as that term is defined in Section
1042 77-16b-102.
1043 (20) "Dealer" means any person who is actively engaged in the business of flying for
1044 demonstration purposes, or selling or exchanging aircraft, and who has an established place of
1045 business.
1046 (21) "Experimental aircraft" means:
1047 (a) any aircraft designated by the Federal Aviation Administration or the military as
1048 experimental and used solely for the purpose of experiments, or tests regarding the structure or
1049 functioning of aircraft, engines, or their accessories; and
1050 (b) any aircraft designated by the Federal Aviation Administration as:
1051 (i) being custom or amateur built; and
1052 (ii) used for recreational, educational, or display purposes.
1053 (22) "Flight" means any kind of locomotion by aircraft while in the air.
1054 (23) "Flying club" means five or more persons who for neither profit nor reward own,
1055 lease, or use one or more aircraft for the purpose of instruction, pleasure, or both.
1056 (24) "Glider" means an aircraft heavier than air, similar to an airplane, but without a
1057 power plant.
1058 (25) "Mechanic" means a person who constructs, repairs, adjusts, inspects, or
1059 overhauls aircraft, engines, or accessories.
1060 (26) "Navigable airspace" means the same as that term is defined in 49 U.S.C. Sec.
1061 40102.
1062 [
1063 jumping with a parachute from an aircraft, and has passed an examination showing that he
1064 possesses the required physical and mental qualifications for the jumping.
1065 [
1066 packing, repairing, and maintaining parachutes.
1067 [
1068 addition to the pilot or crew, with or without their necessary personal belongings.
1069 [
1070 association of individuals.
1071 [
1072 in-flight.
1073 [
1074 one.
1075 [
1076 government or of any political subdivision, including the government of the United States, of
1077 the District of Columbia, and of any state, territory, or insular possession of the United States,
1078 but not including any government-owned aircraft engaged in carrying persons or goods for
1079 commercial purposes.
1080 [
1081 or in a manner as to endanger the property, life, or body of any person, due regard being given
1082 to the prevailing weather conditions, field conditions, and to the territory being flown over.
1083 [
1084 Administration to any aircraft, whether or not the number includes a letter or letters.
1085 (36) "Roadable aircraft" means an aircraft capable of taking off and landing from a
1086 suitable airfield and is also designed to be driven on a highway as a conveyance.
1087 [
1088 one and 16 to one, inclusive.
1089 [
1090 to one.
1091 [
1092 (a) capable of sustaining flight; and
1093 (b) operated with no possible direct human intervention from on or within the aircraft.
1094 [
1095 unmanned aircraft, including:
1096 (a) the unmanned aircraft, including payload;
1097 (b) communications equipment;
1098 (c) navigation equipment;
1099 (d) controllers;
1100 (e) support equipment; and
1101 (f) autopilot functionality.
1102 [
1103 management ecosystem for uncontrolled operations, including unmanned aircraft systems, that
1104 is separate from, but complementary to, the Federal Aviation Administration's air traffic
1105 management system.
1106 [
1107 used for electric, hydrogen, and hybrid vertical aircraft landings and takeoffs, including
1108 associated buildings and facilities.
1109 Section 11. Section 72-10-109 is amended to read:
1110 72-10-109. Certificate of registration of aircraft required -- Exceptions.
1111 (1) (a) A person may not operate, pilot, or navigate, or cause or authorize to be
1112 operated, piloted, or navigated within this state any civil aircraft domiciled in this state unless
1113 the aircraft has a current certificate of registration issued by the department.
1114 (b) The restriction described in Subsection (1)(a) does not apply to aircraft licensed by
1115 a foreign country with which the United States has a reciprocal agreement covering the
1116 operations of the registered aircraft or to a non-passenger-carrying flight solely for inspection
1117 or test purposes authorized by the Federal Aviation Administration to be made without the
1118 certificate of registration.
1119 (2) Aircraft centrally assessed by the State Tax Commission are exempt from the state
1120 registration requirement under Subsection (1).
1121 (3) Beginning on January 1, [
1122 unmanned aircraft system or an advanced air mobility aircraft for commercial operation for
1123 which certification is required under 14 C.F.R. Part 107 or 135 unless the aircraft has a current
1124 certificate of registration issued by the department.
1125 Section 12. Section 72-10-110 is amended to read:
1126 72-10-110. Aircraft registration information requirements -- Registration fee --
1127 Administration -- Partial year registration.
1128 (1) All applications for aircraft registration shall contain:
1129 (a) a description of the aircraft, including:
1130 (i) the manufacturer or builder;
1131 (ii) the Federal Aviation Administration aircraft registration number, type, year of
1132 manufacture, or if an experimental aircraft, the year the aircraft was completed and certified for
1133 air worthiness by an inspector of the Federal Aviation Administration; and
1134 (iii) gross weight;
1135 (b) the name and address of the owner of the aircraft; and
1136 (c) where the aircraft is located, or the address where the aircraft is usually used or
1137 based.
1138 (2) (a) Except as provided in Subsection (3) or (4), at the time application is made for
1139 registration or renewal of registration of an aircraft under this chapter, an annual registration
1140 fee of:
1141 (i) 0.4% of the average wholesale value of the aircraft shall be paid[
1142 (ii) for a roadable aircraft, 0.2% of the average wholesale value of the roadable aircraft
1143 shall be paid.
1144 (b) For purposes of calculating the average wholesale value of an aircraft under
1145 Subsection (2)(a) or (3)(d), the department shall use the average wholesale value as stated in
1146 the Aircraft Bluebook Price Digest.
1147 (c) For an aircraft not listed in the Aircraft Bluebook Price Digest, the department shall
1148 calculate the average wholesale value of the aircraft using common industry standards.
1149 (d) (i) An owner of an aircraft may challenge the department's calculation of the
1150 average wholesale value of the aircraft.
1151 (ii) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
1152 Administrative Rulemaking Act, to establish a process for challenging the department's
1153 calculation under Subsection (2)(d)(i).
1154 (3) (a) An annual registration fee of $100 is imposed on an aircraft that is used:
1155 (i) exclusively by an entity that is exempt from federal income taxation under Section
1156 501(c)(3), Internal Revenue Code, and exempt from property taxation under Title 59, Chapter
1157 2, Property Tax Act; and
1158 (ii) for the emergency transportation of medical patients for at least 95% of its flight
1159 time.
1160 (b) An annual registration fee is imposed on an aircraft 60 years or older equal to the
1161 lesser of:
1162 (i) $100; or
1163 (ii) the annual registration fee provided for under Subsection (2)(a).
1164 (c) (i) Except as provided in Subsection (3)(c)(iii), an owner of an aircraft shall apply
1165 for a certificate of registration described in Section 72-10-109, if the aircraft:
1166 (A) is in the manufacture, construction, fabrication, assembly, or repair process;
1167 (B) is not complete; and
1168 (C) does not have a valid airworthiness certificate.
1169 (ii) An aircraft described in Subsection (3)(c)(i) is exempt from the annual registration
1170 fee described in Subsection (2)(a).
1171 (iii) The registration requirement described in Subsection (3)(c)(i) does not apply to an
1172 aircraft that, in accordance with Section 59-12-104, is exempt from the taxes imposed under
1173 Title 59, Chapter 12, Sales and Use Tax Act.
1174 (d) An annual registration fee of .25% of the average wholesale value of the aircraft is
1175 imposed on an aircraft if the aircraft is:
1176 (i) used by an air charter service for air charter; and
1177 (ii) owned by a person other than the air charter service.
1178 (e) The annual registration fee required in this section is due on December 31 of each
1179 year.
1180 (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1181 the department shall make rules to establish and administer a registration fee for an unmanned
1182 aircraft system or an advanced air mobility system registered pursuant to Subsection
1183 72-10-109(3).
1184 (b) The rules made pursuant to Subsection (4)(a) regarding registration and applicable
1185 fees for an unmanned aircraft system or an advanced air mobility system may include:
1186 (i) a system for classifying unmanned aircraft systems or an advanced air mobility
1187 systems;
1188 (ii) technical guidance for complying with state and federal law;
1189 (iii) criteria under which the department may suspend or revoke registration;
1190 (iv) criteria under which the department may waive registration requirements for an
1191 applicant currently holding a valid license or permit to operate unmanned aircraft systems
1192 issued by another state or territory of the United States, the District of Columbia, or the United
1193 States; and
1194 (v) other rules regarding operation as determined by the department.
1195 (c) (i) Registration fees for an unmanned aircraft system shall be deposited into the
1196 aeronautics restricted account created in Section 72-2-126.
1197 (ii) The registration fee imposed under Subsection (2)(a)(ii) for a roadable aircraft shall
1198 be deposited in the aeronautics restricted account created in Section 72-2-126.
1199 (5) (a) The department shall provide a registration card to an owner of an aircraft if:
1200 (i) the owner complies with the registration requirements of this section; and
1201 (ii) the owner of the aircraft states that the aircraft has a valid airworthiness certificate.
1202 (b) An owner of an aircraft shall carry the registration card in the registered aircraft.
1203 (6) The registration fees assessed under this chapter shall be collected by the
1204 department to be distributed as provided in Subsection (7).
1205 (7) After deducting the costs of administering all aircraft registrations under this
1206 chapter, the department shall deposit all remaining aircraft registration fees into the
1207 Aeronautics Restricted Account created by Section 72-2-126.
1208 (8) Aircraft which are initially registered under this chapter for less than a full calendar
1209 year shall be charged a registration fee which is reduced in proportion to the fraction of the
1210 calendar year during which the aircraft is registered in this state.
1211 (9) (a) For purposes of this section, an aircraft based at the owner's airport means an
1212 aircraft that is hangared, tied down, or parked at an owner's airport for a plurality of the year.
1213 (b) Semi-annually, an owner or operator of an airport open to public use, or of an
1214 airport that receives grant funding from the state, shall provide a list of all aircraft based at the
1215 owner's airport to the department.
1216 (10) The department shall maintain a statewide database of all aircraft based within the
1217 state.
1218 (11) The department may suspend or revoke a registration if the department determines
1219 that the required fee has not been paid and the fee is not paid upon reasonable notice and
1220 demand.
1221 Section 13. Section 72-10-401 is amended to read:
1222 72-10-401. Definitions.
1223 As used in this part[
1224 (1) (a) "Airport" means any publicly used area of land or water that is used, or intended
1225 to be used, for the landing and take-off of aircraft and utilized or to be utilized in the interest of
1226 the public for these purposes.
1227 (b) "Airport" includes a vertiport if the vertiport is open for public use.
1228 (2) "Airport hazard" means any structure, tree, object of natural growth, or use of land
1229 that potentially obstructs or otherwise impacts the safe and efficient utilization of the navigable
1230 airspace required for the flight of aircraft in landing or take-off at an airport.
1231 (3) "Airport influence area" means land located:
1232 (a) within 5,000 feet of an airport runway[
1233 (b) within 500 feet of a vertiport that is open for public use.
1234 (4) "Airport overlay zone" means a secondary zoning district designed to protect the
1235 public health, safety, and welfare near an airport that:
1236 (a) applies land use regulation in addition to the primary zoning district land use
1237 regulation of property used as an airport and property within an airport influence area;
1238 (b) may extend beyond the airport influence area;
1239 (c) ensures airport utility as a public asset;
1240 (d) protects property owner land values near an airport through compatible land use
1241 regulations as recommended by the Federal Aviation Administration; and
1242 (e) protects aircraft occupant safety through protection of navigable airspace.
1243 (5) "Avigation easement" means an easement permitting unimpeded aircraft flights
1244 over property subject to the easement and includes the right:
1245 (a) to create or increase noise or other effects that may result from the lawful operation
1246 of aircraft; and
1247 (b) to prohibit or remove any obstruction to such overflight.
1248 (6) "Land use regulation" means the same as that term is defined in Sections 10-9a-103
1249 and 17-27a-103.
1250 (7) "Political subdivision" means any municipality, city, town, or county.
1251 (8) "Structure" means any object constructed or installed by man, including buildings,
1252 towers, smokestacks, and overhead transmission lines.
1253 (9) "Tree" means any object of natural growth.
1254 Section 14. Section 72-10-403 is amended to read:
1255 72-10-403. Airport zoning regulations.
1256 (1) Flight of aircraft over the lands and waters of the state is lawful, unless:
1257 (a) at such a low altitude as to interfere with the existing use to which the owner has
1258 put the land, water, or the airspace over the land or water; or
1259 (b) so conducted as to be imminently dangerous to persons or property lawfully on the
1260 land or water beneath.
1261 [
1262 political subdivision located within an airport influence area, shall adopt, administer, and
1263 enforce land use regulations for the airport influence area, including an airport overlay zone,
1264 under the police power and in the manner and upon the conditions prescribed:
1265 (a) in this part;
1266 (b) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act;
1267 and
1268 (c) Title 17, Chapter 27a, County Land Use, Development, and Management Act.
1269 [
1270 notify a person building on or developing land in an airport influence area, in writing, of
1271 aircraft overflights and associated noise.
1272 (b) To promote the safe and efficient operation of the airport, a political subdivision
1273 located within an airport influence area:
1274 (i) shall:
1275 (A) adopt an airport overlay zone conforming to the requirements of this chapter and
1276 14 C.F.R. Part 77; and
1277 (B) require any proposed development within an airport influence area to conform with
1278 14 C.F.R. Part 77; and
1279 (ii) may, as a condition to granting a building permit, subdivision plat, or a requested
1280 zoning change within an airport influence area, require a person building or developing land to
1281 grant or sell to the airport owner, at appraised fair market value, an avigation easement.
1282 [
1283 an airport overlay zone by December 31, 2024, then the following requirements shall apply in
1284 an airport influence area:
1285 (a) each political subdivision located within an airport influence area shall notify a
1286 person building on or developing land within an airport influence area, in writing, of aircraft
1287 overflights and associated noise;
1288 (b) as a condition to granting a building permit, subdivision plat, or a requested zoning
1289 change within an airport influence area, require the person building or developing land to grant
1290 or sell to the airport owner, at appraised fair market value, an avigation easement; and
1291 (c) require a person building or developing land within an airport influence area
1292 conform to the requirements of this chapter and 14 C.F.R. Part 77.
1293 Section 15. Section 72-10-1101 is enacted to read:
1294
1295 72-10-1101. Navigable airspace leasing.
1296 (1) A highway authority may enter into a non-exclusive lease agreement for the use of
1297 the navigable airspace above a highway for private purposes:
1298 (a) for such period as the highway authority determines the navigable airspace will not
1299 be needed for public purposes; and
1300 (b) upon other terms and conditions the highway authority finds to be in the public
1301 interest.
1302 (2) Before entering into a lease agreement for the use of navigable airspace, a highway
1303 authority shall ensure that the agreement described in Subsection (1) is consistent with Federal
1304 Aviation Administration requirements.
1305 (3) The highway authority shall determine whether the agreement described in
1306 Subsection (1) will unreasonably interfere with the public use and utility of the highway and is
1307 in the public interest.
1308 (4) An agreement described in Subsection (1) does not affect the dedication of the
1309 highway under Section 72-5-104.
1310 Section 16. Section 72-10-1201 is enacted to read:
1311
1312
1313 72-10-1201. Definitions.
1314 As used in this part:
1315 (1) "Covered foreign entity" means an individual, foreign government, or party:
1316 (a) on the Consolidated Screening List or Entity List as designated by the United States
1317 Secretary of Commerce;
1318 (b) domiciled in the People's Republic of China or the Russian Federation;
1319 (c) under the influence or control of the government of the People's Republic of China
1320 or the Russian Federation; or
1321 (d) that is a subsidiary or affiliate of an individual, government, or party described in
1322 Subsections (1)(a) through (c).
1323 (2) "Critical infrastructure" means the same as that term is defined in Section
1324 76-6-106.3.
1325 (3) "Political subdivision" means the same as that term is defined in Section
1326 11-55-102.
1327 (4) "Public entity" means the state of Utah, a political subdivision, or any department,
1328 division, commission, or other governmental entity created by the Utah Constitution or law.
1329 Section 17. Section 72-10-1202 is enacted to read:
1330 72-10-1202. Prohibition on the purchase of unmanned aircraft manufactured or
1331 assembled by a covered foreign entity.
1332 (1) Except as provided in Subsection (2), a public entity or contractor working directly
1333 for a public entity may not purchase or operate an unmanned aircraft system for the inspection
1334 of critical infrastructure if the unmanned aircraft system was manufactured or assembled by a
1335 covered foreign entity.
1336 (2) Regardless of the country of origin of manufacture or assembly of an unmanned
1337 aircraft system, a public entity or contractor working directly for a public entity may operate an
1338 unmanned aircraft system for the inspection of critical infrastructure if Ĥ→ [
1339 (a)
1340 Ĥ→ [
1340a inspection
1341 operation;
1342 Ĥ→ [
1342a inspection,
1343 including any images, video, data, geospatial data, or flight logs, are removed before the
1344 unmanned aircraft system is connected to the Internet; and
1345 Ĥ→ [
1345a unmanned
1346 aircraft system through an Internet connection, the relevant software for the unmanned aircraft
1347 system is developed in the United States or approved under the National Defense Authorization
1348 Act enacted for the most recent fiscal year Ĥ→ [
1349 Ĥ→ [
1350 been prohibited by federal law, state law, or executive order.
1351 Section 18. Effective date.
1352 This bill takes effect on January 1, 2025.