Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 166 (2022GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/21/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• addresses fees for use of state owned aircraft;
• allows one or more associations representing airport owners or pilots to provide an annual report to the Transportation Commission;
• modifies the permissible uses of funds in the Aeronautics Restricted Account;
• creates the State Aircraft Restricted Account to fund the operations of state owned aircraft;
• defines "advanced air mobility system";
• addresses preemption of local regulations related to advanced air mobility systems; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

AVIATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Kay J. Christofferson
LONG TITLE
General Description:
This bill modifies provisions related to aeronautics.
Highlighted Provisions:
This bill:
▸ addresses fees for use of state owned aircraft;
▸ allows one or more associations representing airport owners or pilots to provide an
annual report to the Transportation Commission;
▸ modifies the permissible uses of funds in the Aeronautics Restricted Account;
▸ creates the State Aircraft Restricted Account to fund the operations of state owned
aircraft;
▸ defines "advanced air mobility system";
▸ addresses preemption of local regulations related to advanced air mobility systems;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
72-1-216.1
, as enacted by Laws of Utah 2021, Chapter 358
72-1-303
, as last amended by Laws of Utah 2020, Chapter 377
72-2-126
, as last amended by Laws of Utah 2016, Chapter 38
72-14-102
, as last amended by Laws of Utah 2018, Chapter 40
72-14-103
, as enacted by Laws of Utah 2017, Chapter 364
76-9-308
, as enacted by Laws of Utah 2017, Chapter 184
ENACTS:
72-2-132
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
72-1-216.1
 is amended to read:
72-1-216.1.
State plane operations and advanced air mobility study.
(1) The department shall study:
(a) options to improve the operations of the state airplane fleet, including addressing
how to make the state airplane fleet operations more self-reliant through:
(i) funding the state's plane operations through plane user fees; and
(ii) fleet replacement options; and
(b) the development and implementation of advanced air mobility in the state,
including:
(i) identifying current state assets and assets in development that support advanced air
mobility;
(ii) identifying assets required for full implementation of advanced air mobility;
(iii) identifying potential benefits and limitations of implementing advanced air
mobility;
(iv) the feasibility of options to progress toward implementing a statewide advanced air
mobility system, including phasing critical elements; and
(v) reviewing infrastructure funding mechanisms employed or under consideration by
other states.
(2) As part of the department's study under Subsection (1)(a), the department shall
review alternative methods for charging for use of the state airplane fleet, taking into account:
(a) the per passenger cost;
(b) downtime and pilot layover and wait time;
(c) the advantages and disadvantages of an hourly rate;
(d) the advantages and disadvantages of a destination rate; and
(e) any other information relevant to identifying the most effective method for charging
for use of the state airplane fleet.
[
(2)
] 
(3)
 The department shall provide a report of the department's findings before
September 30, 2022, to the Transportation Interim Committee.
Section 2. Section 
72-1-303
 is amended to read:
72-1-303.
Duties of commission.
(1) The commission has the following duties:
(a) determining priorities and funding levels of projects in the state transportation
systems and capital development of new public transit facilities for each fiscal year based on
project lists compiled by the department and taking into consideration the strategic initiatives
described in Section 
72-1-211
;
(b) determining additions and deletions to state highways under Chapter 4, Designation
of State Highways Act;
(c) holding public hearings and otherwise providing for public input in transportation
matters;
(d) making policies and rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, necessary to perform the commission's duties described under
this section;
(e) in accordance with Section 
63G-4-301
, reviewing orders issued by the executive
director in adjudicative proceedings held in accordance with Title 63G, Chapter 4,
Administrative Procedures Act;
(f) advising the department in state transportation systems policy;
(g) approving settlement agreements of condemnation cases subject to Section
63G-10-401
;
(h) in accordance with Section 
17B-2a-807
, appointing a commissioner to serve as a
nonvoting, ex officio member or a voting member on the board of trustees of a public transit
district;
(i) in accordance with Section 
17B-2a-808
, reviewing, at least annually, the short-term
and long-range public transit plans; and
(j) reviewing administrative rules made, substantively amended, or repealed by the
department.
(2) (a) For projects prioritized with funding provided under Sections 
72-2-124
 and
72-2-125
, the commission shall annually report to a committee designated by the Legislative
Management Committee:
(i) a prioritized list of the new transportation capacity projects in the state
transportation system and the funding levels available for those projects; and
(ii) the unfunded highway construction and maintenance needs within the state.
(b) The committee designated by the Legislative Management Committee under
Subsection (2)(a) shall:
(i) review the list reported by the Transportation Commission; and
(ii) make a recommendation to the Legislature on:
(A) the amount of additional funding to allocate to transportation; and
(B) the source of revenue for the additional funding allocation under Subsection
(2)(b)(ii)(A).
(3) The commission shall review and may approve plans for the construction of a
highway facility over sovereign lakebed lands in accordance with Chapter 6, Part 3, Approval
of Highway Facilities on Sovereign Lands Act.
(4) One or more associations representing airport operators or pilots in the state shall
annually report to the commission recommended airport improvement projects and any other
information related to the associations' expertise and relevant to the commission's duties.
Section 3. Section 
72-2-126
 is amended to read:
72-2-126.
Aeronautics Restricted Account.
(1) There is created a restricted account entitled the Aeronautics Restricted Account
within the Transportation Fund.
(2) The account consists of money generated from the following revenue sources:
(a) aviation fuel tax allocated for aeronautical operations deposited into the account in
accordance with Section 
59-13-402
;
(b) aircraft registration fees deposited into the account in accordance with Section
72-10-110
;
(c) appropriations made to the account by the Legislature;
(d) contributions from other public and private sources for deposit into the account;
and
(e) interest earned on account money.
(3) The department shall allocate funds in the account to the separate accounts of
individual airports as required under Section 
59-13-402
.
(4) (a) Except as provided in Subsection (4)(b), the department shall use funds in the
account for:
(i) the construction, improvement, operation, and maintenance of publicly used airports
in this state;
(ii) the payment of principal and interest on indebtedness incurred for the purposes
described in Subsection (4)(a);
(iii) operation of the division of aeronautics;
(iv) the promotion of aeronautics in this state; and
(v) the payment of the costs and expenses of the Department of Transportation in
administering Title 59, Chapter 13, Part 4, Aviation Fuel, or another law conferring upon it the
duty of regulating and supervising aeronautics in this state.
(b) The department may use funds in the account for the support of aerial search and
rescue operations, provided that no money deposited into the account under Subsection (2)(a)
is used for that purpose.
(5) (a) Money in the account may not be used by the department for the purchase of
aircraft for purposes other than those described in Subsection (4).
(b) Money in the account may not be used to provide or subsidize direct operating costs
of travel for purposes other than those described in Subsection (4).
(6) The Department may not use money in the account to fund:
(a) more than 77% of the operations costs related to state owned aircraft in fiscal year
2023-24;
(b) more than 52% of the operations costs related to state owned aircraft in fiscal year
2024-25;
(c) more than 26% of the operations costs related to state owned aircraft in fiscal year
2025-26;
(d) more than 10% of the operations costs related to state owned aircraft in fiscal year
2026-27; or
(e) any operations costs related to state owned aircraft in a fiscal year beginning on or
after July 1, 2027.
Section 4. Section 
72-2-132
 is enacted to read:
 72-2-132.
State Aircraft Restricted Account.
(1) There is created a restricted account known as the State Aircraft Restricted
Account.
(2) The account consists of money generated from the following revenue sources:
(a) fees the department receives for use of state owned aircraft;
(b) appropriations to the account by the Legislature;
(c) contributions from other public or private sources for deposit into the account; and
(d) interest earned on money in the account.
(3) Upon appropriation by the Legislature, the department may use money in the
account for the operation and maintenance of state owned aircraft.
Section 5. Section 
72-14-102
 is amended to read:
72-14-102.
Definitions.
As used in this chapter:
(1) (a) "Advanced air mobility system" means a system that transports individuals and
property using piloted and unpiloted aircraft, including electric aircraft and electric vertical
takeoff and landing aircraft, in controlled or uncontrolled airspace.
(b) "Advanced air mobility system" includes each component of a system described in
Subsection (1)(a), including:
(i) the aircraft, including payload;
(ii) communications equipment;
(iii) navigation equipment;
(iv) controllers;
(v) support equipment; and
(vi) remote and autonomous functions.
[
(1)
] 
(2)
 "Airport" means the same as that term is defined in Section 
72-10-102
.
[
(2)
] 
(3)
 "Airport operator" means the same as that term is defined in Section
72-10-102
.
[
(3)
] 
(4)
 "Correctional facility" means the same as that term is defined in Section
77-16b-102
. 
[
(4)
] 
(5)
 "Unmanned aircraft" means an aircraft that is:
(a) capable of sustaining flight; and
(b) operated with no possible direct human intervention from on or within the aircraft.
[
(5)
] 
(6)
 "Unmanned aircraft system" means the entire system used to operate an
unmanned aircraft, including:
(a) the unmanned aircraft, including payload;
(b) communications equipment;
(c) navigation equipment;
(d) controllers;
(e) support equipment; and
(f) autopilot functionality.
Section 6. Section 
72-14-103
 is amended to read:
72-14-103.
Preemption of local ordinance.
(1) A political subdivision of the state, or an entity within a political subdivision of the
state, may not enact a law, ordinance, or rule governing the private use of an unmanned aircraft
or the private use of an advanced air mobility system,
 unless:
(a) authorized by this chapter; or
(b) the political subdivision or entity is an airport operator that enacts the law, rule, or
ordinance to govern:
(i) the operation of an unmanned aircraft 
or an advanced air mobility system
 within the
geographic boundaries of the airport over which the airport operator has authority; or
(ii) the takeoff or landing of an unmanned aircraft 
or an aircraft operated as part of an
advanced air mobility system
 at the airport over which the airport operator has authority.
(2) This chapter supersedes any law, ordinance, or rule enacted by a political
subdivision of the state before July 1, 2017.
Section 7. Section 
76-9-308
 is amended to read:
76-9-308.
Harassment of livestock.
(1) As used in this section:
(a) "Livestock" has the same meaning as that term is defined in Subsection
76-9-301
(1).
(b) "Unmanned aircraft system" [
has the same meaning as that term is defined in
Subsection 
72-14-102
(4)
] 
means the same as that term is defined in Section 
72-14-102
.
(2) Except as provided in Subsection (3), a person is guilty of harassment of livestock
if the person intentionally, knowingly, or recklessly chases, with the intent of causing distress,
or harms livestock through the use of:
(a) a motorized vehicle or all-terrain vehicle;
(b) a dog; or
(c) an unmanned aircraft system.
(3) A person is not guilty of harassment of livestock if:
(a) the person is:
(i) the owner of the livestock;
(ii) an employee or agent of the owner, or otherwise acting under the owner's general
direction or with the owner's permission;
(iii) acting in an emergency situation to prevent damage to the livestock or property; or
(iv) an employee or agent of the state or a political subdivision and acting in the
employee or agent's official capacity; or
(b) the action is in line with generally accepted animal husbandry practices.
(4) A person who violates this section is guilty of:
(a) a class B misdemeanor if the violation is a first offense and:
(i) no livestock is seriously injured or killed as a result of the person's actions; or
(ii) the person's actions cause the livestock to be displaced onto property where the
livestock is not legally entitled to be; and
(b) a class A misdemeanor if:
(i) the person has previously been convicted of harassment of livestock under this
section;
(ii) livestock is seriously injured or killed as a result of the person's actions; or
(iii) livestock or property suffered damage in excess of $1,000, including money spent
in recovering the livestock, as a result of the person's actions.