Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 174 Third Substitute (2017GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/25/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends provisions relating to the authority of a public service district that serves a population over 200,000 people to develop transit oriented developments;
• requires a public transit district that serves a population over 200,000 people to have a citizens' advisory board, an office of constituent services, and an office of coordinated mobility;
• creates the Transportation Governance and Funding Task Force;
• provides an automatic repeal date for the task force; and
• makes technical changes.

Every vote on this bill

Bill text

PUBLIC TRANSIT AND TRANSPORTATION
 GOVERNANCE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Mike Schultz
LONG TITLE
General Description:
This bill amends the governance of certain public transit districts, restricts powers of
some public transit districts, and creates a task force.
Highlighted Provisions:
This bill:
▸ amends provisions relating to the authority of a public service district that serves a
population over 200,000 people to develop transit oriented developments;
▸ requires a public transit district that serves a population over 200,000 people to have
a citizens' advisory board, an office of constituent services, and an office of
coordinated mobility;
▸ creates the Transportation Governance and Funding Task Force;
▸ provides an automatic repeal date for the task force; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17B-2a-804
, as last amended by Laws of Utah 2016, Chapter 387
63I-2-272
, as last amended by Laws of Utah 2016, Fourth Special Session, Chapter 2
ENACTS:
17B-2a-826
, Utah Code Annotated 1953
72-14-101
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17B-2a-804
 is amended to read:
17B-2a-804.
Additional public transit district powers.
(1) In addition to the powers conferred on a public transit district under Section
17B-1-103
, a public transit district may:
(a) provide a public transit system for the transportation of passengers and their
incidental baggage;
(b) notwithstanding Subsection 
17B-1-103
(2)(g) and subject to Section 
17B-2a-817
,
levy and collect property taxes only for the purpose of paying:
(i) principal and interest of bonded indebtedness of the public transit district; or
(ii) a final judgment against the public transit district if:
(A) the amount of the judgment exceeds the amount of any collectable insurance or
indemnity policy; and
(B) the district is required by a final court order to levy a tax to pay the judgment;
(c) insure against:
(i) loss of revenues from damage to or destruction of some or all of a public transit
system from any cause;
(ii) public liability;
(iii) property damage; or
(iv) any other type of event, act, or omission;
(d) acquire, contract for, lease, construct, own, operate, control, or use:
(i) a right-of-way, rail line, monorail, bus line, station, platform, switchyard, terminal,
parking lot, or any other facility necessary or convenient for public transit service; or
(ii) any structure necessary for access by persons and vehicles;
(e) (i) hire, lease, or contract for the supplying or management of a facility, operation,
equipment, service, employee, or management staff of an operator; and
(ii) provide for a sublease or subcontract by the operator upon terms that are in the
public interest;
(f) operate feeder bus lines and other feeder or ridesharing services as necessary;
(g) accept a grant, contribution, or loan, directly through the sale of securities or
equipment trust certificates or otherwise, from the United States, or from a department,
instrumentality, or agency of the United States;
(h) study and plan transit facilities in accordance with any legislation passed by
Congress;
(i) cooperate with and enter into an agreement with the state or an agency of the state
or otherwise contract to finance to establish transit facilities and equipment or to study or plan
transit facilities;
(j) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
to carry out the purposes of the district;
(k) from bond proceeds or any other available funds, reimburse the state or an agency
of the state for an advance or contribution from the state or state agency;
(l) do anything necessary to avail itself of any aid, assistance, or cooperation available
under federal law, including complying with labor standards and making arrangements for
employees required by the United States or a department, instrumentality, or agency of the
United States;
(m) sell or lease property;
(n) 
except as provided in Subsection (2)(b),
 assist in or operate transit-oriented or
transit-supportive developments;
(o) establish, finance, participate as a limited partner or member in a development with
limited liabilities in accordance with Subsection (1)(p), construct, improve, maintain, or operate
transit facilities, equipment, and 
, in accordance with Subsection (3),
 transit-oriented
developments or transit-supportive developments; and
(p) subject to the [
restriction in Subsection
] 
restrictions and requirements in
Subsections
 (2) 
and (3)
, assist in a transit-oriented development or a transit-supportive
development in connection with economic development or community development as defined
in Section 
17C-1-102
 by:
(i) investing in a project as a limited partner or a member, with limited liabilities; or
(ii) subordinating an ownership interest in real property owned by the public transit
district.
(2) (a) A public transit district may only assist in the development of areas under
Subsection (1)(p):
(i) in the manner described in Subsection (1)(p)(i) or (ii); and
(ii) on no more than eight transit-oriented developments or transit-supportive
developments selected by the board of trustees.
(b) A public transit district may not invest in a transit-oriented development or
transit-supportive development as a limited partner or other limited liability entity under the
provisions of Subsection (1)(p)(i), unless the partners, developer, or other investor in the entity,
makes an equity contribution equal to no less than 25% of the appraised value of the property to
be contributed by the public transit district.
(c) (i) For transit-oriented development projects, a public transit district shall adopt
transit-oriented development policies and guidelines that include provisions on affordable
housing.
(ii) For transit-supportive development projects, a public transit district shall work with
the metropolitan planning organization and city and county governments where the project is
located to collaboratively seek to create joint plans for the areas within one-half mile of transit
stations, including plans for affordable housing.
(d) A current board member of a public transit district to which the board member is
appointed may not have any interest in the transactions engaged in by the public transit district
pursuant to Subsection (1)(p)(i) or (ii), except as may be required by the board member's
fiduciary duty as a board member.
(3) For any transit-oriented development or transit-supportive development authorized
in this section, the public transit district shall:
(a) perform a cost-benefit analysis of the monetary investment and expenditures of the
development, including effect on:
(i) service and ridership;
(ii) regional plans made by the metropolitan planning agency;
(iii) the local economy;
(iv) the environment and air quality;
(v) affordable housing; and
(vi) integration with other modes of transportation; and
(b) provide evidence to the public of a quantifiable positive return on investment,
including improvements to public transit service.
[
(3)
] 
(4)
 A public transit district may be funded from any combination of federal, state,
local, or private funds.
[
(4)
] 
(5)
 A public transit district may not acquire property by eminent domain.
Section 2. Section 
17B-2a-826
 is enacted to read:
 17B-2a-826.
Public transit district office of constituent services, citizens' advisory
board, and office of coordinated mobility.
(1) (a) The board of trustees of a public transit district serving a population over
200,000 people shall create and employ an office of constituent services.
(b) The duties of the office of constituent services described in Subsection (1)(a) shall
include:
(i) establishing a central call number to hear and respond to complaints, requests,
comments, concerns, and other communications from customers and citizens within the district;
(ii) keeping a log of the complaints, comments, concerns, and other communications
from customers and citizens within the district; and
(iii) reporting complaints, comments, concerns, and other communications to
management and to the citizens' advisory board created in Subsection (2).
(2) (a) A public transit district serving a population over 200,000 people shall create
and oversee a citizens' advisory board.
(b) (i) The board of trustees of the public transit district shall select up to 12 members
for the public transit district citizens' advisory board with membership representing the diversity
of the public transit district area.
(ii) The board of trustees shall ensure that each member of the citizens' advisory board
regularly uses the public transit district services.
(c) The public transit district citizens' advisory board shall meet as needed or quarterly
in a meeting open to the public for comment, to discuss the service, operations, and any
concerns with the public transit district operations and functionality.
(d) The public transit district management shall meet at least quarterly with and consult
with the citizens' advisory board and take into consideration the input of the citizens' advisory
board in managing and operating the public transit district.
(3) (a) A public transit district serving a population over 200,000 people shall create
and employ an office of coordinated mobility.
(b) The duties of the office of coordinated mobility shall include:
(i) establishing a central call number to facilitate human services transportation;
(ii) coordinating all human services transportation needs within the public transit
district;
(iii) receiving requests and other communications regarding human services
transportation;
(iv) receiving requests and other communications regarding vans, buses, and other
vehicles available for use from the public transit district to maximize the utility of and
investment in those vehicles; and
(v) supporting local efforts and applications for additional funding.
Section 3. Section 
63I-2-272
 is amended to read:
63I-2-272.
Repeal dates -- Title 72.
(1) On July 1, 2018:
(a) in Subsection 
72-2-108
(2), the language that states "and except as provided in
Subsection (10)" is repealed;
(b) in Subsection 
72-2-108
(4)(c)(ii)(A), the language that states ", excluding any
amounts appropriated as additional support for class B and class C roads under Subsection
(10)," is repealed; and
(c) Subsection 
72-2-108
(10) is repealed.
(2) Section 
72-3-113
 is repealed January 1, 2020.
(3) Section 72-14-101 is repealed on March 31, 2018.
Section 4. Section 
72-14-101
 is enacted to read:
 72-14-101.
Creation of the Transportation Governance and Funding Task Force.
(1) As used in this section:
(a) "Task force" means the Transportation Governance and Funding Task Force created
in Subsection (2).
(b) "Transportation" includes:
(i) state transportation systems as defined in Section 
72-1-102
;
(ii) public transit as defined in Section 
17B-2a-802
;
(iii) active transportation, including walking, cycling, and other modes of human
powered transportation; and
(iv) any other modes of transportation in this state.
(2) There is created the Transportation Governance and Funding Task Force consisting
of the following members:
(a) (i) two members of the Senate appointed by the president of the Senate; and
(ii) one member representing the private sector appointed by the president of the
Senate;
(b) (i) two members of the House of Representatives appointed by the speaker of the
House of Representatives; and
(ii) one member representing the private sector appointed by the speaker of the House
of Representatives;
(c) three members appointed by the governor, with at least one member representing
the private sector;
(d) one member designated by the Transportation Commission;
(e) one member designated by the board of trustees of any public transit district serving
a population over 200,000 people;
(f) one member designated by the Utah League of Cities and Towns;
(g) two members designated by the Utah Association of Counties, with one member
representing a rural county;
(h) one member who is an elected member of the Mountainland Association of
Governments; and
(i) one member who is the elected chair of the Wasatch Front Regional Council.
(3) (a) The president of the Senate shall designate a member of the Senate appointed
under Subsection (2)(a)(i) as a cochair of the task force.
(b) The speaker of the House of Representatives shall designate a member of the House
of Representatives appointed under Subsection (2)(b)(i) as a cochair of the task force.
(4) (a) Salaries and expenses of the members of the task force who are legislators shall
be paid in accordance with Section 
36-2-2
 and Legislative Joint Rules, Title 5, Chapter 2,
Lodging, Meal, and Transportation Expenses, and Legislative Joint Rules, Title 5, Chapter 3,
Legislator Compensation.
(b) A member of the task force who is not a legislator may not receive compensation
for the member's work associated with the task force, but may receive per diem and
reimbursement for travel expenses incurred as a member of the task force at the rates
established by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
(5) The Office of Legislative Research and General Counsel shall provide staff support
to the task force.
(6) (a) A vacancy shall be filled by appointing a replacement member in the same
manner as the member creating the vacancy was appointed under Subsection (2).
(b) Each member of the task force shall serve until a successor is appointed and
qualified.
(7) (a) A majority of the members of the task force constitutes a quorum.
(b) The action of a majority of a quorum constitutes the action of the task force.
(8) The task force shall review, evaluate, study, prepare a report, and make
recommendations on transportation and related topics, including:
(a) evaluation of statewide governance, configuration, and organization strategies to
coordinate management and oversight of all forms of transportation in this state;
(b) evaluation of and implementation of best practices in:
(i) functionality, funding, and operations of transportation in this state and other states;
(ii) governance, coordination, oversight, and operational structures of transportation in
this state and other states;
(iii) meeting funding needs, including consideration of current state and local
transportation funding sources, and future projections; and
(iv) evaluating the interrelationship of growth, land use, capital development, and
transportation;
(c) evaluation of alternative transportation revenue mechanisms available or currently in
use in this state and around the country, including an evaluation of:
(i) existing sales and use tax funding; and
(ii) other funding sources, including taxes, fees, and user charges, as part of the
transportation funding balance;
(d) evaluation and study of best practices to meet multimodal mobility and safety needs
in this state that support economic growth and quality of life;
(e) impacts of transportation on economic development; and
(f) evaluation of best practices in prioritization of transportation projects.
(9) The task force may designate and assign subgroups within the task force to address,
study, evaluate, and discuss certain issues, including:
(a) improvement in governance and transparency of transportation agencies and
districts; and
(b) allocation of resources based on population, including consideration of previously
underserved areas.
(10) The task force shall report the task force's findings and recommendations to the
Transportation Interim Committee and the governor before December 1, 2017.