Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 185 Fourth Substitute (2023GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/8/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• creates the Active Transportation Investment Fund within the Transportation Investment Fund of 2005 to be used to develop active transportation infrastructure;
• amends provisions related to the responsibilities of the executive director and deputy directors of the Department of Transportation;
• amends provisions related to the account for the road usage charge;
• requires a report from the Department of Transportation to the Transportation Commission regarding the status of certain transportation construction projects;
• makes various technical amendments to clarify duties of the Department of Transportation related to public transit capital development;
• requires the Department of Transportation to create an account within the State Infrastructure Bank for loans for certain types of development;
• amends preemption provisions related to permitting of vertiports; and
• makes technical changes.

Every vote on this bill

Bill text

TRANSPORTATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Kay J. Christofferson
LONG TITLE
General Description:
This bill amends provisions related to active transportation, local option sales taxes, the
Department of Transportation, and other transportation items.
Highlighted Provisions:
This bill:
▸ creates the Active Transportation Investment Fund within the Transportation
Investment Fund of 2005 to be used to develop active transportation infrastructure;
▸ amends provisions related to the responsibilities of the executive director and
deputy directors of the Department of Transportation;
▸ amends provisions related to the account for the road usage charge;
▸ requires a report from the Department of Transportation to the Transportation
Commission regarding the status of certain transportation construction projects;
▸ makes various technical amendments to clarify duties of the Department of
Transportation related to public transit capital development;
▸ requires the Department of Transportation to create an account within the State
Infrastructure Bank for loans for certain types of development;
▸ amends preemption provisions related to permitting of vertiports; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
17B-2a-806
, as last amended by Laws of Utah 2022, Chapter 69
41-1a-226
, as last amended by Laws of Utah 2022, Chapter 259
41-1a-401
, as last amended by Laws of Utah 2022, Chapter 259
41-1a-422
, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, 255, 259, 335,
451, and 456
41-1a-1206
, as last amended by Laws of Utah 2022, Chapters 56, 259
41-6a-1642
, as last amended by Laws of Utah 2022, Chapters 160, 259
41-21-1
, as last amended by Laws of Utah 2022, Chapter 259
59-12-103
, as last amended by Laws of Utah 2022, Chapters 77, 106 and 433
72-1-102
, as last amended by Laws of Utah 2022, Chapter 69
72-1-202
, as last amended by Laws of Utah 2022, Chapter 69
72-1-203
, as last amended by Laws of Utah 2019, Chapter 479
72-1-213.2
, as last amended by Laws of Utah 2022, Chapter 259
72-1-304
, as last amended by Laws of Utah 2022, Chapter 406
72-1-305
, as last amended by Laws of Utah 2018, Chapter 424
72-2-106
, as last amended by Laws of Utah 2017, Chapters 144, 234
72-2-107
, as last amended by Laws of Utah 2020, Chapter 377
72-2-123
, as last amended by Laws of Utah 2008, Chapter 382
72-2-124
, as last amended by Laws of Utah 2022, Chapters 69, 259 and 406
72-2-202
, as last amended by Laws of Utah 2022, Chapter 463
72-5-102
, as last amended by Laws of Utah 2021, Chapter 222
72-5-114
, as renumbered and amended by Laws of Utah 1998, Chapter 270
72-6-112.5
, as last amended by Laws of Utah 2019, Chapter 43
72-14-103
, as last amended by Laws of Utah 2022, Chapter 99
72-16-102
, as last amended by Laws of Utah 2020, Chapter 423
Utah Code Sections Affected by Coordination Clause:
72-14-103
, as last amended by Laws of Utah 2022, Chapter 99
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17B-2a-806
 is amended to read:
17B-2a-806.
Authority of the state or an agency of the state with respect to a
public transit district -- Counties and municipalities authorized to provide funds to
public transit district -- Equitable allocation of resources within the public transit
district.
(1) The state or an agency of the state may:
(a) make public contributions to a public transit district as in the judgment of the
Legislature or governing board of the agency are necessary or proper; [
or
]
(b) authorize a public transit district to perform, or aid and assist a public transit district
in performing, an activity that the state or agency is authorized by law to perform[
.
]
; or
(c) perform any action that the state agency is authorized by law to perform for the
benefit of a public transit district.
(2) (a) A county or municipality involved in the establishment and operation of a
public transit district may provide funds necessary for the operation and maintenance of the
district.
(b) A county's use of property tax funds to establish and operate a public transit district
within any part of the county is a county purpose under Section 
17-53-220
.
(3) (a) To allocate resources and funds for development and operation of a public
transit district, whether received under this section or from other sources, and subject to
Section 
72-1-202
 pertaining to fixed guideway capital development within a large public transit
district, a public transit district may:
(i) give priority to public transit services that feed rail fixed guideway services; and
(ii) allocate funds according to population distribution within the public transit district.
(b) The comptroller of a public transit district shall report the criteria and data
supporting the allocation of resources and funds in the statement required in Section
17B-2a-812
.
Section 2. Section 
41-1a-226
 is amended to read:
41-1a-226.
Vintage vehicle -- Signed statement -- Registration.
(1) The owner of a vintage vehicle who applies for registration under this part shall
provide a signed statement that the vintage vehicle:
(a) is owned and operated for the purposes described in Section 
41-21-1
; and
(b) is safe to operate on the highways of this state as described in Section 
41-21-4
.
(2) For a vintage vehicle with a model year of [
] 
 or older, the signed
statement described in Subsection (1) is in lieu of an emissions inspection, from which a
vintage vehicle is exempt under Subsection 
41-6a-1642
(4).
(3) Before registration of a vintage vehicle that has a model year of [
] 
 or
newer, an owner shall:
(a) obtain a certificate of emissions inspection as provided in Section 
41-6a-1642
; or
(b) provide proof of vehicle insurance coverage for the vintage vehicle that is a type
specific to a vehicle collector.
Section 3. Section 
41-1a-401
 is amended to read:
41-1a-401.
License plates -- Number of plates -- Reflectorization -- Indicia of
registration in lieu of or used with plates.
(1) (a) Except as provided in Subsection (1)(c), the division upon registering a vehicle
shall issue to the owner:
(i) one license plate for a motorcycle, trailer, or semitrailer;
(ii) one decal for a park model recreational vehicle, in lieu of a license plate, which
shall be attached in plain sight to the rear of the park model recreational vehicle;
(iii) one decal for a camper, in lieu of a license plate, which shall be attached in plain
sight to the rear of the camper; and
(iv) two identical license plates for every other vehicle.
(b) The license plate or decal issued under Subsection (1)(a) is for the particular
vehicle registered and may not be removed during the term for which the license plate or decal
is issued or used upon any other vehicle than the registered vehicle.
(c) (i) Notwithstanding Subsections (1)(a) and (b) and except as provided in Subsection
(1)(c)(ii), the division, upon registering a motor vehicle that has been sold, traded, or the
ownership of which has been otherwise released, shall transfer the license plate issued to the
person applying to register the vehicle if:
(A) the previous registered owner has included the license plate as part of the sale,
trade, or ownership release; and
(B) the person applying to register the vehicle applies to transfer the license plate to the
new registered owner of the vehicle.
(ii) The division may not transfer a personalized or special group license plate to a new
registered owner under this Subsection (1)(c) if the new registered owner does not meet the
qualification or eligibility requirements for that personalized or special group license plate
under Sections 
41-1a-410
 through 
41-1a-422
.
(2) The division may receive applications for registration renewal, renew registration,
and issue new license plates or decals at any time prior to the expiration of registration.
(3) (a) (i) Except as provided in Subsection (3)(a)(iii), all license plates to be
manufactured and issued by the division shall be treated with a fully reflective material on the
plate face that provides effective and dependable reflective brightness during the service period
of the license plate.
(ii) Except as provided in Subsection (3)(a)(iii), for a historical support special group
license plate created under this part, the division shall procure reflective material to satisfy the
requirement under Subsection (3)(a)(i) as soon as such material is available at a reasonable
cost.
(iii) Notwithstanding the reflectivity requirement described in Subsection (3)(a)(i), the
division may manufacture and issue a historical support special group license plate without a
fully reflective plate face if:
(A) the historical special group license plate is requested for a vintage vehicle that has
a model year of [
] 
 or older; and
(B) the division has manufacturing equipment and technology available to produce the
plate in small quantities.
(b) The division shall prescribe all license plate material specifications and establish
and implement procedures for conforming to the specifications.
(c) The specifications for the materials used such as the aluminum plate substrate, the
reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may
qualify as suppliers.
(d) The granting of contracts for the materials shall be by public bid.
(4) (a) The commission may issue, adopt, and require the use of indicia of registration
it considers advisable in lieu of or in conjunction with license plates as provided in this part.
(b) All provisions of this part relative to license plates apply to these indicia of
registration, so far as the provisions are applicable.
(5) A violation of this section is an infraction.
Section 4. Section 
41-1a-422
 is amended to read:
41-1a-422.
Support special group license plates -- Contributor -- Voluntary
contribution collection procedures.
(1) As used in this section:
(a) (i) except as provided in Subsection (1)(a)(ii), "contributor" means a person who
has donated or in whose name at least $25 has been donated to:
(A) a scholastic scholarship fund of a single named institution;
(B) the Department of Veterans and Military Affairs for veterans programs;
(C) the Division of Wildlife Resources for the Wildlife Resources Account created in
Section 
23-14-13
, for conservation of wildlife and the enhancement, preservation, protection,
access, and management of wildlife habitat;
(D) the Department of Agriculture and Food for the benefit of conservation districts;
(E) the Division of Outdoor Recreation for the benefit of snowmobile programs;
(F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
the donation evenly divided between the two;
(G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
council as specified by the contributor;
(H) No More Homeless Pets in Utah for distribution to organizations or individuals
that provide spay and neuter programs that subsidize the sterilization of domestic animals;
(I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
development programs;
(J) the Utah Association of Public School Foundations to support public education;
(K) the Utah Housing Opportunity Restricted Account created in Section 
61-2-204
 to
assist people who have severe housing needs;
(L) the Public Safety Honoring Heroes Restricted Account created in Section 
53-1-118
to support the families of fallen Utah Highway Patrol troopers and other Department of Public
Safety employees;
(M) the Division of Outdoor Recreation for distribution to organizations that provide
support for Zion National Park;
(N) the Firefighter Support Restricted Account created in Section 
53-7-109
 to support
firefighter organizations;
(O) the Share the Road Bicycle Support Restricted Account created in Section
72-2-127
 to support bicycle operation and safety awareness programs;
(P) the Cancer Research Restricted Account created in Section 
26-21a-302
 to support
cancer research programs;
(Q) Autism Awareness Restricted Account created in Section 
53F-9-401
 to support
autism awareness programs;
(R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
created in Section 
9-17-102
 to support humanitarian service and educational and cultural
programs;
(S) Upon renewal of a prostate cancer support special group license plate, to the
Cancer Research Restricted Account created in Section 
26-21a-302
 to support cancer research
programs;
(T) the Choose Life Adoption Support Restricted Account created in Section 
80-2-502
to support programs that promote adoption;
(U) the National Professional Men's Basketball Team Support of Women and Children
Issues Restricted Account created in Section 
26B-1-302
;
(V) the Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
;
(W) the Children with Cancer Support Restricted Account created in Section
26-21a-304
 for programs that provide assistance to children with cancer;
(X) the National Professional Men's Soccer Team Support of Building Communities
Restricted Account created in Section 
9-19-102
;
(Y) the Children with Heart Disease Support Restricted Account created in Section
26-58-102
;
(Z) the Utah Intracurricular Student Organization Support for Agricultural Education
and Leadership Restricted Account created in Section 
4-42-102
;
(AA) the Division of Wildlife Resources for the Support for State-Owned Shooting
Ranges Restricted Account created in Section 
23-14-13.5
, for the creation of new, and
operation and maintenance of existing, state-owned firearm shooting ranges;
(BB) the Utah State Historical Society to further the mission and purpose of the Utah
State Historical Society;
(CC) the Motorcycle Safety Awareness Support Restricted Account created in Section
72-2-130
;
(DD) clean air support causes, with half of the donation deposited into the Clean Air
Support Restricted Account created in Section 
19-1-109
, and half of the donation deposited
into the Clean Air Fund created in Section 
59-10-1319
;
(EE) the Latino Community Support Restricted Account created in Section 
13-1-16
;
(FF) the Allyson Gamble Organ Donation Contribution Fund created in Section
26-18b-101
;
(GG) public education on behalf of the Kiwanis International clubs, with the amount of
the donation required to cover the costs of issuing, ordering, or reordering Kiwanis support
special group plates, as determined by the State Tax Commission, deposited into the Kiwanis
Education Support Fund created in Section 
53F-9-403
, and all remaining donation amounts
deposited into the Uniform School Fund;
(HH) the Governor's Suicide Prevention Fund created in Section 
62A-15-1103
 to
support the Live On suicide prevention campaign administered by the Division of Integrated
Healthcare; or
(II) the State Park Fees Restricted Account created in Section 
79-4-402
 to support the
Division of State Parks' dark sky initiative.
(ii) (A) For a veterans special group license plate described in Subsection (4) or
41-1a-421
(1)(a)(v), "contributor" means a person who has donated or in whose name at least a
$25 donation at the time of application and $10 annual donation thereafter has been made.
(B) For a Utah Housing Opportunity special group license plate, "contributor" means a
person who:
(I) has donated or in whose name at least $30 has been donated at the time of
application and annually after the time of application; and
(II) is a member of a trade organization for real estate licensees that has more than
15,000 Utah members.
(C) For an Honoring Heroes special group license plate, "contributor" means a person
who has donated or in whose name at least $35 has been donated at the time of application and
annually thereafter.
(D) For a firefighter support special group license plate, "contributor" means a person
who:
(I) has donated or in whose name at least $15 has been donated at the time of
application and annually after the time of application; and
(II) is a currently employed, volunteer, or retired firefighter.
(E) For a cancer research special group license plate, "contributor" means a person who
has donated or in whose name at least $35 has been donated at the time of application and
annually after the time of application.
(F) For a Utah Law Enforcement Memorial Support special group license plate,
"contributor" means a person who has donated or in whose name at least $35 has been donated
at the time of application and annually thereafter.
(b) "Institution" means a state institution of higher education as defined under Section
53B-3-102
 or a private institution of higher education in the state accredited by a regional or
national accrediting agency recognized by the United States Department of Education.
(2) (a) An applicant for original or renewal collegiate special group license plates under
Subsection (1)(a)(i) must be a contributor to the institution named in the application and
present the original contribution verification form under Subsection (2)(b) or make a
contribution to the division at the time of application under Subsection (3).
(b) An institution with a support special group license plate shall issue to a contributor
a verification form designed by the commission containing:
(i) the name of the contributor;
(ii) the institution to which a donation was made;
(iii) the date of the donation; and
(iv) an attestation that the donation was for a scholastic scholarship.
(c) The state auditor may audit each institution to verify that the money collected by the
institutions from contributors is used for scholastic scholarships.
(d) After an applicant has been issued collegiate license plates or renewal decals, the
commission shall charge the institution whose plate was issued, a fee determined in accordance
with Section 
63J-1-504
 for management and administrative expenses incurred in issuing and
renewing the collegiate license plates.
(e) If the contribution is made at the time of application, the contribution shall be
collected, treated, and deposited as provided under Subsection (3).
(3) (a) (i) Except as provided in Subsection (3)(a)(ii), an applicant for original or
renewal support special group license plates under this section must be a contributor to the
sponsoring organization associated with the license plate.
(ii) An applicant for a historical special group license plate is not required to make a
donation to the Utah State Historical Society if the historical special group license plate is for a
vintage vehicle that has a model year of [
] 
 or older.
(b) This contribution shall be:
(i) unless collected by the named institution under Subsection (2), collected by the
division;
(ii) considered a voluntary contribution for the funding of the activities specified under
this section and not a motor vehicle registration fee;
(iii) deposited into the appropriate account less actual administrative costs associated
with issuing the license plates; and
(iv) for a firefighter special group license plate, deposited into the appropriate account
less:
(A) the costs of reordering firefighter special group license plate decals; and
(B) the costs of replacing recognition special group license plates with new license
plates under Subsection 
41-1a-1211
(13).
(c) The donation described in Subsection (1)(a) must be made in the 12 months before
registration or renewal of registration.
(d) The donation described in Subsection (1)(a) shall be a one-time donation made to
the division when issuing original:
(i) snowmobile license plates; or
(ii) conservation license plates.
(4) Veterans license plates shall display one of the symbols representing the Army,
Navy, Air Force, Marines, Coast Guard, or American Legion.
Section 5. Section 
41-1a-1206
 is amended to read:
41-1a-1206.
Registration fees -- Fees by gross laden weight.
(1) Except as provided in Subsections (2) and (3), at the time application is made for
registration or renewal of registration of a vehicle or combination of vehicles under this
chapter, a registration fee shall be paid to the division as follows:
(a) $46.00 for each motorcycle;
(b) $44 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
motorcycles;
(c) unless the semitrailer or trailer is exempt from registration under Section 
41-1a-202
or is registered under Section 
41-1a-301
:
(i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
(ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
gross unladen weight;
(d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
gross laden weight; plus
(ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
(e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
(ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
(f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
exceeding 14,000 pounds gross laden weight; plus
(ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
(g) $45 for each vintage vehicle that has a model year of [
] 
 or newer;
(h) in addition to the fee described in Subsection (1)(b):
(i) an amount equal to the road usage charge cap described in Section 
72-1-213.1
 for:
(A) each electric motor vehicle; and
(B) Each motor vehicle not described in this Subsection (1)(h) that is fueled
exclusively by a source other than motor fuel, diesel fuel, natural gas, or propane;
(ii) $21.75 for each hybrid electric motor vehicle; and
(iii) $56.50 for each plug-in hybrid electric motor vehicle; and
(i) in addition to the fee described in Subsection (1)(g), for a vintage vehicle that has a
model year of [
] 
 or newer, 50 cents.
(2) (a) At the time application is made for registration or renewal of registration of a
vehicle under this chapter for a six-month registration period under Section 
41-1a-215.5
, a
registration fee shall be paid to the division as follows:
(i) $34.50 for each motorcycle; and
(ii) $33.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
excluding motorcycles.
(b) In addition to the fee described in Subsection (2)(a)(ii), for registration or renewal
of registration of a vehicle under this chapter for a six-month registration period under Section
41-1a-215.5
 a registration fee shall be paid to the division as follows:
(i) an amount equal to the road usage charge cap described in Section 
72-1-213.1
 for:
(A) each electric motor vehicle; and
(B) each motor vehicle not described in this Subsection (2)(b) that is fueled exclusively
by a source other than motor fuel, diesel fuel, natural gas, or propane;
(ii) $16.50 for each hybrid electric motor vehicle; and
(iii) $43.50 for each plug-in hybrid electric motor vehicle.
(3) (a) (i) Beginning on January 1, 2019, the commission shall, on January 1, annually
adjust the registration fees described in Subsections (1)(a), (1)(b), (1)(c)(i), (1)(c)(ii), (1)(d)(i),
(1)(e)(i), (1)(f)(i), (1)(g), (2)(a), (4)(a), and (7), by taking the registration fee rate for the
previous year and adding an amount equal to the greater of:
(A) an amount calculated by multiplying the registration fee of the previous year by the
actual percentage change during the previous fiscal year in the Consumer Price Index; and
(B) 0.
(ii) Beginning on January 1, 2024, the commission shall, on January 1, annually adjust
the registration fees described in Subsections (1)(h)(ii) and (iii) and (2)(b)(ii) and (iii) by taking
the registration fee rate for the previous year and adding an amount equal to the greater of:
(A) an amount calculated by multiplying the registration fee of the previous year by the
actual percentage change during the previous fiscal year in the Consumer Price Index; and
(B) 0.
(b) The amounts calculated as described in Subsection (3)(a) shall be rounded up to the
nearest 25 cents.
(4) (a) The initial registration fee for a vintage vehicle that has a model year of [
]
 or older is $40.
(b) A vintage vehicle that has a model year of [
] 
 or older is exempt from the
renewal of registration fees under Subsection (1).
(c) A vehicle with a Purple Heart special group license plate issued in accordance with
Section 
41-1a-421
 is exempt from the registration fees under Subsection (1).
(d) A camper is exempt from the registration fees under Subsection (1).
(5) If a motor vehicle is operated in combination with a semitrailer or trailer, each
motor vehicle shall register for the total gross laden weight of all units of the combination if the
total gross laden weight of the combination exceeds 12,000 pounds.
(6) (a) Registration fee categories under this section are based on the gross laden
weight declared in the licensee's application for registration.
(b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
of 2,000 pounds is a full unit.
(7) The owner of a commercial trailer or commercial semitrailer may, as an alternative
to registering under Subsection (1)(c), apply for and obtain a special registration and license
plate for a fee of $130.
(8) Except as provided in Section 
41-6a-1642
, a truck may not be registered as a farm
truck unless:
(a) the truck meets the definition of a farm truck under Section 
41-1a-102
; and
(b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
(ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
submits to the division a certificate of emissions inspection or a waiver in compliance with
Section 
41-6a-1642
.
(9) A violation of Subsection (8) is an infraction that shall be punished by a fine of not
less than $200.
(10) Trucks used exclusively to pump cement, bore wells, or perform crane services
with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
required for those vehicles under this section.
Section 6. Section 
41-6a-1642
 is amended to read:
41-6a-1642.
Emissions inspection -- County program.
(1) The legislative body of each county required under federal law to utilize a motor
vehicle emissions inspection and maintenance program or in which an emissions inspection
and maintenance program is necessary to attain or maintain any national ambient air quality
standard shall require:
(a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
is exempt from emissions inspection and maintenance program requirements be presented:
(i) as a condition of registration or renewal of registration; and
(ii) at other times as the county legislative body may require to enforce inspection
requirements for individual motor vehicles, except that the county legislative body may not
routinely require a certificate of emissions inspection, or waiver of the certificate, more often
than required under Subsection (9); and
(b) compliance with this section for a motor vehicle registered or principally operated
in the county and owned by or being used by a department, division, instrumentality, agency, or
employee of:
(i) the federal government;
(ii) the state and any of its agencies; or
(iii) a political subdivision of the state, including school districts.
(2) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
inspection and maintenance program certificate of emissions inspection as described in
Subsection (1), but the program may not deny vehicle registration based solely on the presence
of a defeat device covered in the Volkswagen partial consent decrees or a United States
Environmental Protection Agency-approved vehicle modification in the following vehicles:
(a) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
emissions are mitigated in the state pursuant to a partial consent decree, including:
(i) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
(ii) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
2014;
(iii) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
(iv) Volkswagen Golf Sportwagen, model year 2015;
(v) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
(vi) Volkswagen Beetle, model years 2013, 2014, and 2015;
(vii) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
(viii) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
(b) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
emissions are mitigated in the state to a settlement, including:
(i) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 
2016;
(ii) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
(iii) Audi A6 Quattro, model years 2014, 2015, and 2016;
(iv) Audi A7 Quattro, model years 2014, 2015, and 2016;
(v) Audi A8, model years 2014, 2015, and 2016;
(vi) Audi A8L, model years 2014, 2015, and 2016;
(vii) Audi Q5, model years 2014, 2015, and 2016; and
(viii) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
(3) (a) The legislative body of a county identified in Subsection (1), in consultation
with the Air Quality Board created under Section 
19-1-106
, shall make regulations or
ordinances regarding:
(i) emissions standards;
(ii) test procedures;
(iii) inspections stations;
(iv) repair requirements and dollar limits for correction of deficiencies; and
(v) certificates of emissions inspections.
(b) In accordance with Subsection (3)(a), a county legislative body:
(i) shall make regulations or ordinances to attain or maintain ambient air quality
standards in the county, consistent with the state implementation plan and federal
requirements;
(ii) may allow for a phase-in of the program by geographical area; and
(iii) shall comply with the analyzer design and certification requirements contained in
the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
(c) The county legislative body and the Air Quality Board shall give preference to an
inspection and maintenance program that:
(i) is decentralized, to the extent the decentralized program will attain and maintain
ambient air quality standards and meet federal requirements;
(ii) is the most cost effective means to achieve and maintain the maximum benefit with
regard to ambient air quality standards and to meet federal air quality requirements as related to
vehicle emissions; and
(iii) provides a reasonable phase-out period for replacement of air pollution emission
testing equipment made obsolete by the program.
(d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
(i) may be accomplished in accordance with applicable federal requirements; and
(ii) does not otherwise interfere with the attainment and maintenance of ambient air
quality standards.
(4) The following vehicles are exempt from an emissions inspection program and the
provisions of this section:
(a) an implement of husbandry as defined in Section 
41-1a-102
;
(b) a motor vehicle that:
(i) meets the definition of a farm truck under Section 
41-1a-102
; and
(ii) has a gross vehicle weight rating of 12,001 pounds or more;
(c) a vintage vehicle as defined in Section 
41-21-1
:
(i) if the vintage vehicle has a model year of [
] 
 or older; or
(ii) for a vintage vehicle that has a model year of [
] 
 or newer, if the owner
provides proof of vehicle insurance that is a type specific to a vehicle collector;
(d) a custom vehicle as defined in Section 
41-6a-1507
;
(e) to the extent allowed under the current federally approved state implementation
plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
vehicle that is less than two years old on January 1 based on the age of the vehicle as
determined by the model year identified by the manufacturer;
(f) a pickup truck, as defined in Section 
41-1a-102
, with a gross vehicle weight rating
of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
statement to the legislative body stating the truck is used:
(i) by the owner or operator of a farm located on property that qualifies as land in
agricultural use under Sections 
59-2-502
 and 
59-2-503
; and
(ii) exclusively for the following purposes in operating the farm:
(A) for the transportation of farm products, including livestock and its products,
poultry and its products, floricultural and horticultural products; and
(B) in the transportation of farm supplies, including tile, fence, and every other thing or
commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
and maintenance;
(g) a motorcycle as defined in Section 
41-1a-102
;
(h) an electric motor vehicle as defined in Section 
41-1a-102
; and
(i) a motor vehicle with a model year of 1967 or older.
(5) The county shall issue to the registered owner who signs and submits a signed
statement under Subsection (4)(f) a certificate of exemption from emissions inspection
requirements for purposes of registering the exempt vehicle.
(6) A legislative body of a county described in Subsection (1) may exempt from an
emissions inspection program a diesel-powered motor vehicle with a:
(a) gross vehicle weight rating of more than 14,000 pounds; or
(b) model year of 1997 or older.
(7) The legislative body of a county required under federal law to utilize a motor
vehicle emissions inspection program shall require:
(a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
(i) a model year of 2007 or newer;
(ii) a gross vehicle weight rating of 14,000 pounds or less; and
(iii) a model year that is five years old or older; and
(b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
(i) with a gross vehicle weight rating of 14,000 pounds or less;
(ii) that has a model year of 1998 or newer; and
(iii) that has a model year that is five years old or older.
(8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
federal law to utilize a motor vehicle emissions inspection and maintenance program or in
which an emissions inspection and maintenance program is necessary to attain or maintain any
national ambient air quality standard may require each college or university located in a county
subject to this section to require its students and employees who park a motor vehicle not
registered in a county subject to this section to provide proof of compliance with an emissions
inspection accepted by the county legislative body if the motor vehicle is parked on the college
or university campus or property.
(b) College or university parking areas that are metered or for which payment is
required per use are not subject to the requirements of this Subsection (8).
(c) The legislative body of a county shall make the reasons for implementing the
provisions of this Subsection (8) part of the record at the time that the county legislative body
takes its official action to implement the provisions of this Subsection (8).
(9) (a) An emissions inspection station shall issue a certificate of emissions inspection
for each motor vehicle that meets the inspection and maintenance program requirements
established in regulations or ordinances made under Subsection (3).
(b) The frequency of the emissions inspection shall be determined based on the age of
the vehicle as determined by model year and shall be required annually subject to the
provisions of Subsection (9)(c).
(c) (i) To the extent allowed under the current federally approved state implementation
plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
body of a county identified in Subsection (1) shall only require the emissions inspection every
two years for each vehicle.
(ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
years old on January 1.
(iii) For a county required to implement a new vehicle emissions inspection and
maintenance program on or after December 1, 2012, under Subsection (1), but for which no
current federally approved state implementation plan exists, a vehicle shall be tested at a
frequency determined by the county legislative body, in consultation with the Air Quality
Board created under Section 
19-1-106
, that is necessary to comply with federal law or attain or
maintain any national ambient air quality standard.
(iv) If a county legislative body establishes or changes the frequency of a vehicle
emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
or change shall take effect on January 1 if the State Tax Commission receives notice meeting
the requirements of Subsection (9)(c)(v) from the county before October 1.
(v) The notice described in Subsection (9)(c)(iv) shall:
(A) state that the county will establish or change the frequency of the vehicle emissions
inspection and maintenance program under this section;
(B) include a copy of the ordinance establishing or changing the frequency; and
(C) if the county establishes or changes the frequency under this section, state how
frequently the emissions testing will be required.
(d) If an emissions inspection is only required every two years for a vehicle under
Subsection (9)(c), the inspection shall be required for the vehicle in:
(i) odd-numbered years for vehicles with odd-numbered model years; or
(ii) in even-numbered years for vehicles with even-numbered model years.
(10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
required under this section may be made no more than two months before the renewal of
registration.
(b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
emissions inspection certificate issued for the motor vehicle during the previous 11 months to
satisfy the requirement under this section.
(ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
this section.
(c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
lessee may use an emissions inspection certificate issued during the previous 11 months to
satisfy the requirement under this section.
(d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
use an emissions inspection made more than 11 months before the renewal of registration to
satisfy the requirement under this section.
(e) If the application for renewal of registration is for a six-month registration period
under Section 
41-1a-215.5
, the owner may use an emissions inspection certificate issued during
the previous eight months to satisfy the requirement under this section.
(11) (a) A county identified in Subsection (1) shall collect information about and
monitor the program.
(b) A county identified in Subsection (1) shall supply this information to an appropriate
legislative committee, as designated by the Legislative Management Committee, at times
determined by the designated committee to identify program needs, including funding needs.
(12) If approved by the county legislative body, a county that had an established
emissions inspection fee as of January 1, 2002, may increase the established fee that an
emissions inspection station may charge by $2.50 for each year that is exempted from
emissions inspections under Subsection (9)(c) up to a $7.50 increase.
(13) (a) Except as provided in Subsection 
41-1a-1223
(1)(c), a county identified in
Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration
within the county in accordance with the procedures and requirements of Section 
41-1a-1223
.
(b) A county that imposes a local emissions compliance fee may use revenues
generated from the fee for the establishment and enforcement of an emissions inspection and
maintenance program in accordance with the requirements of this section.
(c) A county that imposes a local emissions compliance fee may use revenues
generated from the fee to promote programs to maintain a local, state, or national ambient air
quality standard.
(14) (a) If a county has reason to believe that a vehicle owner has provided an address
as required in Section 
41-1a-209
 to register or attempt to register a motor vehicle in a county
other than the county of the bona fide residence of the owner in order to avoid an emissions
inspection required under this section, the county may investigate and gather evidence to
determine whether the vehicle owner has used a false address or an address other than the
vehicle owner's bona fide residence or place of business.
(b) If a county conducts an investigation as described in Subsection (14)(a) and
determines that the vehicle owner has used a false or improper address in an effort to avoid an
emissions inspection as required in this section, the county may impose a civil penalty of
$1,000.
Section 7. Section 
41-21-1
 is amended to read:
41-21-1.
Definitions.
(1) "Autocycle" means the same as that term is defined in Section 
53-3-102
.
(2) "Motorcycle" means:
(a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
more than three wheels in contact with the ground; or
(b) an autocycle.
(3) (a) "Street rod" means a motor vehicle or motorcycle that:
(i) (A) was manufactured in 1948 or before; or
(B) (I) was manufactured after 1948 to resemble a vehicle that was manufactured in
1948 or before; and
(II) (Aa) has been altered from the manufacturer's original design; or
(Bb) has a body constructed from non-original materials; and
(ii) is primarily a collector's item that is used for:
(A) club activities;
(B) exhibitions;
(C) tours;
(D) parades;
(E) occasional transportation; and
(F) other similar uses.
(b) "Street rod" does not include a motor vehicle or motorcycle that is used for general,
daily transportation.
(4) (a) "Vintage travel trailer" means a travel trailer, camping trailer, or fifth wheel
trailer that is:
(i) 30 years old or older, from the current year; and
(ii) primarily a collector's item that is used for:
(A) participation in club activities;
(B) exhibitions;
(C) tours;
(D) parades;
(E) occasional recreational or vacation use; and
(F) other similar uses.
(b) "Vintage travel trailer" does not include a travel trailer, camping trailer, or fifth
wheel trailer that is used for the general, daily transportation of persons or property.
(5) (a) "Vintage vehicle" means a motor vehicle or motorcycle that:
(i) is 30 years old or older from the current year;
(ii) displays:
(A) a unique vehicle type special group license plate issued in accordance with Section
41-1a-418
; or
(B) for a vehicle that has a model year of [
] 
 or older, a historical support
special group plate; and
(iii) is primarily a collector's item that is used for:
(A) participation in club activities;
(B) exhibitions;
(C) tours;
(D) parades;
(E) occasional transportation; and
(F) other similar uses.
(b) "Vintage vehicle" does not include a motor vehicle or motorcycle that is used for
general, daily transportation.
(c) "Vintage vehicle" includes a:
(i) street rod; and
(ii) vintage travel trailer.
Section 8. Section 
59-12-103
 is amended to read:
59-12-103.
Sales and use tax base -- Rates -- Effective dates -- Use of sales and use
tax revenues.
(1) A tax is imposed on the purchaser as provided in this part on the purchase price or
sales price for amounts paid or charged for the following transactions:
(a) retail sales of tangible personal property made within the state;
(b) amounts paid for:
(i) telecommunications service, other than mobile telecommunications service, that
originates and terminates within the boundaries of this state;
(ii) mobile telecommunications service that originates and terminates within the
boundaries of one state only to the extent permitted by the Mobile Telecommunications
Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
(iii) an ancillary service associated with a:
(A) telecommunications service described in Subsection (1)(b)(i); or
(B) mobile telecommunications service described in Subsection (1)(b)(ii);
(c) sales of the following for commercial use:
(i) gas;
(ii) electricity;
(iii) heat;
(iv) coal;
(v) fuel oil; or
(vi) other fuels;
(d) sales of the following for residential use:
(i) gas;
(ii) electricity;
(iii) heat;
(iv) coal;
(v) fuel oil; or
(vi) other fuels;
(e) sales of prepared food;
(f) except as provided in Section 
59-12-104
, amounts paid or charged as admission or
user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature,
exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries,
fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit
television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf
driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails,
tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises,
horseback rides, sports activities, or any other amusement, entertainment, recreation,
exhibition, cultural, or athletic activity;
(g) amounts paid or charged for services for repairs or renovations of tangible personal
property, unless Section 
59-12-104
 provides for an exemption from sales and use tax for:
(i) the tangible personal property; and
(ii) parts used in the repairs or renovations of the tangible personal property described
in Subsection (1)(g)(i), regardless of whether:
(A) any parts are actually used in the repairs or renovations of that tangible personal
property; or
(B) the particular parts used in the repairs or renovations of that tangible personal
property are exempt from a tax under this chapter;
(h) except as provided in Subsection 
59-12-104
(7), amounts paid or charged for
assisted cleaning or washing of tangible personal property;
(i) amounts paid or charged for tourist home, hotel, motel, or trailer court
accommodations and services that are regularly rented for less than 30 consecutive days;
(j) amounts paid or charged for laundry or dry cleaning services;
(k) amounts paid or charged for leases or rentals of tangible personal property if within
this state the tangible personal property is:
(i) stored;
(ii) used; or
(iii) otherwise consumed;
(l) amounts paid or charged for tangible personal property if within this state the
tangible personal property is:
(i) stored;
(ii) used; or
(iii) consumed; and
(m) amounts paid or charged for a sale:
(i) (A) of a product transferred electronically; or
(B) of a repair or renovation of a product transferred electronically; and
(ii) regardless of whether the sale provides:
(A) a right of permanent use of the product; or
(B) a right to use the product that is less than a permanent use, including a right:
(I) for a definite or specified length of time; and
(II) that terminates upon the occurrence of a condition.
(2) (a) Except as provided in Subsections (2)(b) through (f), a state tax and a local tax
are imposed on a transaction described in Subsection (1) equal to the sum of:
(i) a state tax imposed on the transaction at a tax rate equal to the sum of:
(A) 4.70% plus the rate specified in Subsection (12)(a); and
(B) (I) the tax rate the state imposes in accordance with Part 18, Additional State Sales
and Use Tax Act, if the location of the transaction as determined under Sections 
59-12-211
through 
59-12-215
 is in a county in which the state imposes the tax under Part 18, Additional
State Sales and Use Tax Act; and
(II) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales
and Use Tax Act, if the location of the transaction as determined under Sections 
59-12-211
through 
59-12-215
 is in a city, town, or the unincorporated area of a county in which the state
imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
transaction under this chapter other than this part.
(b) Except as provided in Subsection (2)(e) or (f) and subject to Subsection (2)(k), a
state tax and a local tax are imposed on a transaction described in Subsection (1)(d) equal to
the sum of:
(i) a state tax imposed on the transaction at a tax rate of 2%; and
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
transaction under this chapter other than this part.
(c) Except as provided in Subsection (2)(e) or (f), a state tax and a local tax are
imposed on amounts paid or charged for food and food ingredients equal to the sum of:
(i) a state tax imposed on the amounts paid or charged for food and food ingredients at
a tax rate of 1.75%; and
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
amounts paid or charged for food and food ingredients under this chapter other than this part.
(d) Except as provided in Subsection (2)(e) or (f), a state tax is imposed on amounts
paid or charged for fuel to a common carrier that is a railroad for use in a locomotive engine at
a rate of 4.85%.
(e) (i) For a bundled transaction that is attributable to food and food ingredients and
tangible personal property other than food and food ingredients, a state tax and a local tax is
imposed on the entire bundled transaction equal to the sum of:
(A) a state tax imposed on the entire bundled transaction equal to the sum of:
(I) the tax rate described in Subsection (2)(a)(i)(A); and
(II) (Aa) the tax rate the state imposes in accordance with Part 18, Additional State
Sales and Use Tax Act, if the location of the transaction as determined under Sections
59-12-211
 through 
59-12-215
 is in a county in which the state imposes the tax under Part 18,
Additional State Sales and Use Tax Act; and
(Bb) the tax rate the state imposes in accordance with Part 20, Supplemental State
Sales and Use Tax Act, if the location of the transaction as determined under Sections
59-12-211
 through 
59-12-215
 is in a city, town, or the unincorporated area of a county in which
the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
(B) a local tax imposed on the entire bundled transaction at the sum of the tax rates
described in Subsection (2)(a)(ii).
(ii) If an optional computer software maintenance contract is a bundled transaction that
consists of taxable and nontaxable products that are not separately itemized on an invoice or
similar billing document, the purchase of the optional computer software maintenance contract
is 40% taxable under this chapter and 60% nontaxable under this chapter.
(iii) Subject to Subsection (2)(e)(iv), for a bundled transaction other than a bundled
transaction described in Subsection (2)(e)(i) or (ii):
(A) if the sales price of the bundled transaction is attributable to tangible personal
property, a product, or a service that is subject to taxation under this chapter and tangible
personal property, a product, or service that is not subject to taxation under this chapter, the
entire bundled transaction is subject to taxation under this chapter unless:
(I) the seller is able to identify by reasonable and verifiable standards the tangible
personal property, product, or service that is not subject to taxation under this chapter from the
books and records the seller keeps in the seller's regular course of business; or
(II) state or federal law provides otherwise; or
(B) if the sales price of a bundled transaction is attributable to two or more items of
tangible personal property, products, or services that are subject to taxation under this chapter
at different rates, the entire bundled transaction is subject to taxation under this chapter at the
higher tax rate unless:
(I) the seller is able to identify by reasonable and verifiable standards the tangible
personal property, product, or service that is subject to taxation under this chapter at the lower
tax rate from the books and records the seller keeps in the seller's regular course of business; or
(II) state or federal law provides otherwise.
(iv) For purposes of Subsection (2)(e)(iii), books and records that a seller keeps in the
seller's regular course of business includes books and records the seller keeps in the regular
course of business for nontax purposes.
(f) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(f)(ii)
and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a
product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental
of tangible personal property, other property, a product, or a service that is not subject to
taxation under this chapter, the entire transaction is subject to taxation under this chapter unless
the seller, at the time of the transaction:
(A) separately states the portion of the transaction that is not subject to taxation under
this chapter on an invoice, bill of sale, or similar document provided to the purchaser; or
(B) is able to identify by reasonable and verifiable standards, from the books and
records the seller keeps in the seller's regular course of business, the portion of the transaction
that is not subject to taxation under this chapter.
(ii) A purchaser and a seller may correct the taxability of a transaction if:
(A) after the transaction occurs, the purchaser and the seller discover that the portion of
the transaction that is not subject to taxation under this chapter was not separately stated on an
invoice, bill of sale, or similar document provided to the purchaser because of an error or
ignorance of the law; and
(B) the seller is able to identify by reasonable and verifiable standards, from the books
and records the seller keeps in the seller's regular course of business, the portion of the
transaction that is not subject to taxation under this chapter.
(iii) For purposes of Subsections (2)(f)(i) and (ii), books and records that a seller keeps
in the seller's regular course of business includes books and records the seller keeps in the
regular course of business for nontax purposes.
(g) (i) If the sales price of a transaction is attributable to two or more items of tangible
personal property, products, or services that are subject to taxation under this chapter at
different rates, the entire purchase is subject to taxation under this chapter at the higher tax rate
unless the seller, at the time of the transaction:
(A) separately states the items subject to taxation under this chapter at each of the
different rates on an invoice, bill of sale, or similar document provided to the purchaser; or
(B) is able to identify by reasonable and verifiable standards the tangible personal
property, product, or service that is subject to taxation under this chapter at the lower tax rate
from the books and records the seller keeps in the seller's regular course of business.
(ii) For purposes of Subsection (2)(g)(i), books and records that a seller keeps in the
seller's regular course of business includes books and records the seller keeps in the regular
course of business for nontax purposes.
(h) Subject to Subsections (2)(i) and (j), a tax rate repeal or tax rate change for a tax
rate imposed under the following shall take effect on the first day of a calendar quarter:
(i) Subsection (2)(a)(i)(A);
(ii) Subsection (2)(b)(i);
(iii) Subsection (2)(c)(i); or
(iv) Subsection (2)(e)(i)(A)(I).
(i) (i) A tax rate increase takes effect on the first day of the first billing period that
begins on or after the effective date of the tax rate increase if the billing period for the
transaction begins before the effective date of a tax rate increase imposed under:
(A) Subsection (2)(a)(i)(A);
(B) Subsection (2)(b)(i);
(C) Subsection (2)(c)(i); or
(D) Subsection (2)(e)(i)(A)(I).
(ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
statement for the billing period is rendered on or after the effective date of the repeal of the tax
or the tax rate decrease imposed under:
(A) Subsection (2)(a)(i)(A);
(B) Subsection (2)(b)(i);
(C) Subsection (2)(c)(i); or
(D) Subsection (2)(e)(i)(A)(I).
(j) (i) For a tax rate described in Subsection (2)(j)(ii), if a tax due on a catalogue sale is
computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal or
change in a tax rate takes effect:
(A) on the first day of a calendar quarter; and
(B) beginning 60 days after the effective date of the tax rate repeal or tax rate change.
(ii) Subsection (2)(j)(i) applies to the tax rates described in the following:
(A) Subsection (2)(a)(i)(A);
(B) Subsection (2)(b)(i);
(C) Subsection (2)(c)(i); or
(D) Subsection (2)(e)(i)(A)(I).
(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commission may by rule define the term "catalogue sale."
(k) (i) For a location described in Subsection (2)(k)(ii), the commission shall determine
the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel based on the
predominant use of the gas, electricity, heat, coal, fuel oil, or other fuel at the location.
(ii) Subsection (2)(k)(i) applies to a location where gas, electricity, heat, coal, fuel oil,
or other fuel is furnished through a single meter for two or more of the following uses:
(A) a commercial use;
(B) an industrial use; or
(C) a residential use.
(3) (a) The following state taxes shall be deposited into the General Fund:
(i) the tax imposed by Subsection (2)(a)(i)(A);
(ii) the tax imposed by Subsection (2)(b)(i);
(iii) the tax imposed by Subsection (2)(c)(i); and
(iv) the tax imposed by Subsection (2)(e)(i)(A)(I).
(b) The following local taxes shall be distributed to a county, city, or town as provided
in this chapter:
(i) the tax imposed by Subsection (2)(a)(ii);
(ii) the tax imposed by Subsection (2)(b)(ii);
(iii) the tax imposed by Subsection (2)(c)(ii); and
(iv) the tax imposed by Subsection (2)(e)(i)(B).
(c) The state tax imposed by Subsection (2)(d) shall be deposited into the General
Fund.
(4) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
2003, the lesser of the following amounts shall be expended as provided in Subsections (4)(b)
through (g):
(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
(A) by a 1/16% tax rate on the transactions described in Subsection (1); and
(B) for the fiscal year; or
(ii) $17,500,000.
(b) (i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
described in Subsection (4)(a) shall be transferred each year as designated sales and use tax
revenue to the Department of Natural Resources to:
(A) implement the measures described in Subsections 
79-2-303
(3)(a) through (d) to
protect sensitive plant and animal species; or
(B) award grants, up to the amount authorized by the Legislature in an appropriations
act, to political subdivisions of the state to implement the measures described in Subsections
79-2-303
(3)(a) through (d) to protect sensitive plant and animal species.
(ii) Money transferred to the Department of Natural Resources under Subsection
(4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or any other
person to list or attempt to have listed a species as threatened or endangered under the
Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
(iii) At the end of each fiscal year:
(A) 50% of any unexpended designated sales and use tax revenue shall lapse to the
Water Resources Conservation and Development Fund created in Section 
73-10-24
;
(B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
Utah Wastewater Loan Program Subaccount created in Section 
73-10c-5
; and
(C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
Drinking Water Loan Program Subaccount created in Section 
73-10c-5
.
(c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
Subsection (4)(a) shall be deposited each year in the Agriculture Resource Development Fund
created in Section 
4-18-106
.
(d) (i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount described
in Subsection (4)(a) shall be transferred each year as designated sales and use tax revenue to
the Division of Water Rights to cover the costs incurred in hiring legal and technical staff for
the adjudication of water rights.
(ii) At the end of each fiscal year:
(A) 50% of any unexpended designated sales and use tax revenue shall lapse to the
Water Resources Conservation and Development Fund created in Section 
73-10-24
;
(B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
Utah Wastewater Loan Program Subaccount created in Section 
73-10c-5
; and
(C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
Drinking Water Loan Program Subaccount created in Section 
73-10c-5
.
(e) (i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described
in Subsection (4)(a) shall be deposited into the Water Resources Conservation and
Development Fund created in Section 
73-10-24
 for use by the Division of Water Resources.
(ii) In addition to the uses allowed of the Water Resources Conservation and
Development Fund under Section 
73-10-24
, the Water Resources Conservation and
Development Fund may also be used to:
(A) conduct hydrologic and geotechnical investigations by the Division of Water
Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
quantifying surface and ground water resources and describing the hydrologic systems of an
area in sufficient detail so as to enable local and state resource managers to plan for and
accommodate growth in water use without jeopardizing the resource;
(B) fund state required dam safety improvements; and
(C) protect the state's interest in interstate water compact allocations, including the
hiring of technical and legal staff.
(f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
in Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program Subaccount
created in Section 
73-10c-5
 for use by the Water Quality Board to fund wastewater projects.
(g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program Subaccount
created in Section 
73-10c-5
 for use by the Division of Drinking Water to:
(i) provide for the installation and repair of collection, treatment, storage, and
distribution facilities for any public water system, as defined in Section 
19-4-102
;
(ii) develop underground sources of water, including springs and wells; and
(iii) develop surface water sources.
(5) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
2006, the difference between the following amounts shall be expended as provided in this
Subsection (5), if that difference is greater than $1:
(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for the
fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); and
(ii) $17,500,000.
(b) (i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
(A) transferred each fiscal year to the Department of Natural Resources as designated
sales and use tax revenue; and
(B) expended by the Department of Natural Resources for watershed rehabilitation or
restoration.
(ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
tax revenue described in Subsection (5)(b)(i) shall lapse to the Water Resources Conservation
and Development Fund created in Section 
73-10-24
.
(c) (i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
remaining difference described in Subsection (5)(a) shall be:
(A) transferred each fiscal year to the Division of Water Resources as designated sales
and use tax revenue; and
(B) expended by the Division of Water Resources for cloud-seeding projects
authorized by Title 73, Chapter 15, Modification of Weather.
(ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
tax revenue described in Subsection (5)(c)(i) shall lapse to the Water Resources Conservation
and Development Fund created in Section 
73-10-24
.
(d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
remaining difference described in Subsection (5)(a) shall be deposited into the Water
Resources Conservation and Development Fund created in Section 
73-10-24
 for use by the
Division of Water Resources for:
(i) preconstruction costs:
(A) as defined in Subsection 
73-26-103
(6) for projects authorized by Title 73, Chapter
26, Bear River Development Act; and
(B) as defined in Subsection 
73-28-103
(8) for the Lake Powell Pipeline project
authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
(ii) the cost of employing a civil engineer to oversee any project authorized by Title 73,
Chapter 26, Bear River Development Act;
(iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
(iv) other uses authorized under Sections 
73-10-24
, 
73-10-25.1
, and 
73-10-30
, and
Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).
(e) After making the transfers required by Subsections (5)(b) and (c), 15% of the
remaining difference described in Subsection (5)(a) shall be deposited each year into the Water
Rights Restricted Account created by Section 
73-2-1.6
.
(6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), the
amount of revenue generated by a 1/16% tax rate on the transactions described in Subsection
(1) for the fiscal year shall be deposited as follows:
(a) for fiscal year 2020-21 only:
(i) 20% of the revenue described in this Subsection (6) shall be deposited into the
Transportation Investment Fund of 2005 created by Section 
72-2-124
; and
(ii) 80% of the revenue described in this Subsection (6) shall be deposited into the
Water Infrastructure Restricted Account created by Section 
73-10g-103
; and
(b) for a fiscal year beginning on or after July 1, 2021, 100% of the revenue described
in this Subsection (6) shall be deposited into the Water Infrastructure Restricted Account
created by Section 
73-10g-103
.
(7) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited in
Subsection (6), and subject to Subsection (7)(b), for a fiscal year beginning on or after July 1,
2012, the Division of Finance shall deposit into the Transportation Investment Fund of 2005
created by Section 
72-2-124
:
(i) a portion of the taxes listed under Subsection (3)(a) in an amount equal to 8.3% of
the revenues collected from the following taxes, which represents a portion of the
approximately 17% of sales and use tax revenues generated annually by the sales and use tax
on vehicles and vehicle-related products:
(A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
(B) the tax imposed by Subsection (2)(b)(i);
(C) the tax imposed by Subsection (2)(c)(i); and
(D) the tax imposed by Subsection (2)(e)(i)(A)(I); plus
(ii) an amount equal to 30% of the growth in the amount of revenues collected in the
current fiscal year from the sales and use taxes described in Subsections (7)(a)(i)(A) through
(D) that exceeds the amount collected from the sales and use taxes described in Subsections
(7)(a)(i)(A) through (D) in the 2010-11 fiscal year.
(b) (i) Subject to Subsections (7)(b)(ii) and (iii), in any fiscal year that the portion of
the sales and use taxes deposited under Subsection (7)(a) represents an amount that is a total
lower percentage of the sales and use taxes described in Subsections (7)(a)(i)(A) through (D)
generated in the current fiscal year than the total percentage of sales and use taxes deposited in
the previous fiscal year, the Division of Finance shall deposit an amount under Subsection
(7)(a) equal to the product of:
(A) the total percentage of sales and use taxes deposited under Subsection (7)(a) in the
previous fiscal year; and
(B) the total sales and use tax revenue generated by the taxes described in Subsections
(7)(a)(i)(A) through (D) in the current fiscal year.
(ii) In any fiscal year in which the portion of the sales and use taxes deposited under
Subsection (7)(a) would exceed 17% of the revenues collected from the sales and use taxes
described in Subsections (7)(a)(i)(A) through (D) in the current fiscal year, the Division of
Finance shall deposit 17% of the revenues collected from the sales and use taxes described in
Subsections (7)(a)(i)(A) through (D) for the current fiscal year under Subsection (7)(a).
(iii) Subject to Subsection (7)(b)(iv)(E), in all subsequent fiscal years after a year in
which 17% of the revenues collected from the sales and use taxes described in Subsections
(7)(a)(i)(A) through (D) was deposited under Subsection (7)(a), the Division of Finance shall
annually deposit 17% of the revenues collected from the sales and use taxes described in
Subsections (7)(a)(i)(A) through (D) in the current fiscal year under Subsection (7)(a).
(iv) (A) As used in this Subsection (7)(b)(iv), "additional growth revenue" means the
amount of relevant revenue collected in the current fiscal year that exceeds by more than 3%
the relevant revenue collected in the previous fiscal year.
(B) As used in this Subsection (7)(b)(iv), "combined amount" means the combined
total amount of money deposited into the Cottonwood Canyons fund under Subsections
(7)(b)(iv)(F) and (8)(d)(vi) in any single fiscal year.
(C) As used in this Subsection (7)(b)(iv), "Cottonwood Canyons fund" means the
Cottonwood Canyons Transportation Investment Fund created in Subsection 
72-2-124
(10).
(D) As used in this Subsection (7)(b)(iv), "relevant revenue" means the portion of taxes
listed under Subsection (3)(a) that equals 17% of the revenue collected from taxes described in
Subsections (7)(a)(i)(A) through (D).
(E) For a fiscal year beginning on or after July 1, 2020, the commission shall annually
reduce the deposit under Subsection (7)(b)(iii) into the Transportation Investment Fund of 2005
by an amount equal to the amount of the deposit under this Subsection (7)(b)(iv) to the
Cottonwood Canyons fund in the previous fiscal year plus 25% of additional growth revenue,
subject to the limit in Subsection (7)(b)(iv)(F).
(F) The commission shall annually deposit the amount described in Subsection
(7)(b)(iv)(E) into the Cottonwood Canyons fund, subject to an annual maximum combined
amount for any single fiscal year of $20,000,000.
(G) If the amount of relevant revenue declines in a fiscal year compared to the previous
fiscal year, the commission shall decrease the amount of the contribution to the Cottonwood
Canyons fund under this Subsection (7)(b)(iv) in the same proportion as the decline in relevant
revenue.
(c) (i) Subject to Subsection (7)(c)(ii), for a fiscal year beginning on or after July 1,
2023, the commission shall annually reduce the deposit into the Transportation Investment
Fund of 2005 under Subsections (7)(a) and (7)(b) by an amount that is equal to 5% of:
(A) the amount of revenue generated in the current fiscal year by the portion of taxes
listed under Subsection (3)(a) that equals 20.68% of the revenue collected from taxes described
in Subsections (7)(a)(i)(A) through (D);
(B) the amount of revenue generated in the current fiscal year by registration fees
designated under Section 
41-1a-1201
 to be deposited into the Transportation Investment Fund
of 2005; and
(C) revenues transferred by the Division of Finance to the Transportation Investment
Fund of 2005 in accordance with Section 
72-2-106
 in the current fiscal year.
(ii) The amount described in Subsection (7)(c)(i) may not exceed $45,000,000 in a
given fiscal year.
(iii) The commission shall annually deposit the amount described in Subsection
(7)(c)(i) into the Active Transportation Investment Fund created in Subsection 
72-2-124
(11).
(8) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under
Subsections (6) and (7), and subject to Subsections (8)(b) and (d)(v), for a fiscal year beginning
on or after July 1, 2018, the commission shall annually deposit into the Transportation
Investment Fund of 2005 created by Section 
72-2-124
 a portion of the taxes listed under
Subsection (3)(a) in an amount equal to 3.68% of the revenues collected from the following
taxes:
(i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
(ii) the tax imposed by Subsection (2)(b)(i);
(iii) the tax imposed by Subsection (2)(c)(i); and
(iv) the tax imposed by Subsection (2)(e)(i)(A)(I).
(b) For a fiscal year beginning on or after July 1, 2019, the commission shall annually
reduce the deposit into the Transportation Investment Fund of 2005 under Subsection (8)(a) by
an amount that is equal to 35% of the amount of revenue generated in the current fiscal year by
the portion of the tax imposed on motor and special fuel that is sold, used, or received for sale
or use in this state that exceeds 29.4 cents per gallon.
(c) The commission shall annually deposit the amount described in Subsection (8)(b)
into the Transit Transportation Investment Fund created in Section 
72-2-124
.
(d) (i) As used in this Subsection (8)(d), "additional growth revenue" means the
amount of relevant revenue collected in the current fiscal year that exceeds by more than 3%
the relevant revenue collected in the previous fiscal year.
(ii) As used in this Subsection (8)(d), "combined amount" means the combined total
amount of money deposited into the Cottonwood Canyons fund under Subsections (7)(b)(iv)(F)
and (8)(d)(vi) in any single fiscal year.
(iii) As used in this Subsection (8)(d), "Cottonwood Canyons fund" means the
Cottonwood Canyons Transportation Investment Fund created in Subsection 
72-2-124
(10).
(iv) As used in this Subsection (8)(d), "relevant revenue" means the portion of taxes
listed under Subsection (3)(a) that equals 3.68% of the revenue collected from taxes described
in Subsections (8)(a)(i) through (iv).
(v) For a fiscal year beginning on or after July 1, 2020, the commission shall annually
reduce the deposit under Subsection (8)(a) into the Transportation Investment Fund of 2005 by
an amount equal to the amount of the deposit under this Subsection (8)(d) to the Cottonwood
Canyons fund in the previous fiscal year plus 25% of additional growth revenue, subject to the
limit in Subsection (8)(d)(vi).
(vi) The commission shall annually deposit the amount described in Subsection
(8)(d)(v) into the Cottonwood Canyons fund, subject to an annual maximum combined amount
for any single fiscal year of $20,000,000.
(vii) If the amount of relevant revenue declines in a fiscal year compared to the
previous fiscal year, the commission shall decrease the amount of the contribution to the
Cottonwood Canyons fund under this Subsection (8)(d) in the same proportion as the decline in
relevant revenue.
(9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies Fund
created by Section 
35A-8-1009
 and expended as provided in Section 
35A-8-1009
.
(10) (a) Notwithstanding Subsection (3)(a), except as provided in Subsection (10)(b),
and in addition to any amounts deposited under Subsections (6), (7), and (8), the Division of
Finance shall deposit into the Transportation Investment Fund of 2005 created by Section
72-2-124
 the amount of revenue described as follows:
(i) for fiscal year 2020-21 only, 33.33% of the amount of revenue generated by a .05%
tax rate on the transactions described in Subsection (1); and
(ii) for fiscal year 2021-22 only, 16.67% of the amount of revenue generated by a .05%
tax rate on the transactions described in Subsection (1).
(b) For purposes of Subsection (10)(a), the Division of Finance may not deposit into
the Transportation Investment Fund of 2005 any tax revenue generated by amounts paid or
charged for food and food ingredients, except for tax revenue generated by a bundled
transaction attributable to food and food ingredients and tangible personal property other than
food and food ingredients described in Subsection (2)(e).
(11) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the
fiscal year during which the Division of Finance receives notice under Section 
63N-2-510
 that
construction on a qualified hotel, as defined in Section 
63N-2-502
, has begun, the Division of
Finance shall, for two consecutive fiscal years, annually deposit $1,900,000 of the revenue
generated by the taxes listed under Subsection (3)(a) into the Hotel Impact Mitigation Fund,
created in Section 
63N-2-512
.
(12) (a) The rate specified in this subsection is 0.15%.
(b) Notwithstanding Subsection (3)(a), the Division of Finance shall, for a fiscal year
beginning on or after July 1, 2019, annually transfer the amount of revenue collected from the
rate described in Subsection (12)(a) on the transactions that are subject to the sales and use tax
under Subsection (2)(a)(i)(A) into the Medicaid Expansion Fund created in Section
26-36b-208
.
(13) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
2020-21, the Division of Finance shall deposit $200,000 into the General Fund as a dedicated
credit solely for use of the Search and Rescue Financial Assistance Program created in, and
expended in accordance with, Title 53, Chapter 2a, Part 11, Search and Rescue Act.
(14) (a) For each fiscal year beginning with fiscal year 2020-21, the Division of
Finance shall annually transfer $1,813,400 of the revenue deposited into the Transportation
Investment Fund of 2005 under Subsections (6) through (8) to the General Fund.
(b) If the total revenue deposited into the Transportation Investment Fund of 2005
under Subsections (6) through (8) is less than $1,813,400 for a fiscal year, the Division of
Finance shall transfer the total revenue deposited into the Transportation Investment Fund of
2005 under Subsections (6) through (8) during the fiscal year to the General Fund.
(15) Notwithstanding Subsection (3)(a), and as described in Section 
63N-3-610
,
beginning the first day of the calendar quarter one year after the sales and use tax boundary for
a housing and transit reinvestment zone is established, the commission, at least annually, shall
transfer an amount equal to 15% of the sales and use tax increment within an established sales
and use tax boundary, as defined in Section 
63N-3-602
, into the Transit Transportation
Investment Fund created in Section 
72-2-124
.
(16) Notwithstanding Subsection (3)(a), the Division of Finance shall, for a fiscal year
beginning on or after July 1, 2022, transfer into the Outdoor Adventure Infrastructure
Restricted Account, created in Section 
51-9-902
, a portion of the taxes listed under Subsection
(3)(a) equal to 1% of the revenues collected from the following sales and use taxes:
(a) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
(b) the tax imposed by Subsection (2)(b)(i);
(c) the tax imposed by Subsection (2)(c)(i); and
(d) the tax imposed by Subsection (2)(e)(i)(A)(I).
Section 9. Section 
72-1-102
 is amended to read:
72-1-102.
Definitions.
As used in this title:
(1) "Circulator alley" means a publicly owned passageway:
(a) with a right-of-way width of 20 feet or greater;
(b) located within a master planned community;
(c) established by the city having jurisdictional authority as part of the street network
for traffic circulation that may also be used for:
(i) garbage collection;
(ii) access to residential garages; or
(iii) access rear entrances to a commercial establishment; and
(d) constructed with a bituminous or concrete pavement surface.
(2) "Commission" means the Transportation Commission created under Section
72-1-301
.
(3) "Construction" means the construction, reconstruction, replacement, and
improvement of the highways, including the acquisition of rights-of-way and material sites.
(4) "Department" means the Department of Transportation created in Section 
72-1-201
.
(5) "Executive director" means the executive director of the department appointed
under Section 
72-1-202
.
(6) "Farm tractor" has the meaning set forth in Section 
41-1a-102
.
(7) "Federal aid primary highway" means that portion of connected main highways
located within this state officially designated by the department and approved by the United
States Secretary of Transportation under Title 23, Highways, U.S.C.
(8) "Fixed guideway" means the same as that term is defined in Section 
59-12-102
.
(9) (a) "Fixed guideway capital development" means a project to construct or
reconstruct a public transit fixed guideway facility that will add capacity to a fixed guideway
public transit facility.
(b) "Fixed guideway capital development" includes:
(i) a project to strategically double track commuter rail lines; and
(ii) a project to develop and construct public transit facilities and related infrastructure
pertaining to the Point of the Mountain State Land Authority created in Section 
11-59-201
.
(10) "Greenfield" means the same as that term is defined in Section 
17C-1-102
.
[
(10)
] 
(11)
 "Highway" means any public road, street, alley, lane, court, place, viaduct,
tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned
to the public, or made public in an action for the partition of real property, including the entire
area within the right-of-way.
[
(11)
] 
(12)
 "Highway authority" means the department or the legislative, executive, or
governing body of a county or municipality.
[
(12)
] 
(13)
 "Housing and transit reinvestment zone" means the same as that term is
defined in Section 
63N-3-602
.
[
(13)
] 
(14)
 "Implement of husbandry" has the meaning set forth in Section 
41-1a-102
.
[
(14)
] 
(15)
 "Interstate system" means any highway officially designated by the
department and included as part of the national interstate and defense highways, as provided in
the Federal Aid Highway Act of 1956 and any supplemental acts or amendments.
[
(15)
] 
(16)
 "Large public transit district" means the same as that term is defined in
Section 
17B-2a-802
.
[
(16)
] 
(17)
 "Limited-access facility" means a highway especially designated for
through traffic, and over, from, or to which neither owners nor occupants of abutting lands nor
other persons have any right or easement, or have only a limited right or easement of access,
light, air, or view.
[
(17)
] 
(18)
 "Master planned community" means a land use development:
(a) designated by the city as a master planned community; and
(b) comprised of a single development agreement for a development larger than 500
acres.
[
(18)
] 
(19)
 "Motor vehicle" has the same meaning set forth in Section 
41-1a-102
.
[
(19)
] 
(20)
 "Municipality" has the same meaning set forth in Section 
10-1-104
.
[
(20)
] 
(21)
 "National highway systems highways" means that portion of connected
main highways located within this state officially designated by the department and approved
by the United States Secretary of Transportation under Title 23, Highways, U.S.C.
[
(21)
] 
(22)
 (a) "Port-of-entry" means a fixed or temporary facility constructed,
operated, and maintained by the department where drivers, vehicles, and vehicle loads are
checked or inspected for compliance with state and federal laws as specified in Section
72-9-501
.
(b) "Port-of-entry" includes inspection and checking stations and weigh stations.
[
(22)
] 
(23)
 "Port-of-entry agent" means a person employed at a port-of-entry to perform
the duties specified in Section 
72-9-501
.
[
(23)
] 
(24)
 "Public transit" means the same as that term is defined in Section
17B-2a-802
.
[
(24)
] 
(25)
 "Public transit facility" means a fixed guideway, transit vehicle, transit
station, depot, passenger loading or unloading zone, parking lot, or other facility:
(a) leased by or operated by or on behalf of a public transit district; and
(b) related to the public transit services provided by the district, including:
(i) railway or other right-of-way;
(ii) railway line; and
(iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
a transit vehicle.
[
(25)
] 
(26)
 "Right-of-way" means real property or an interest in real property, usually
in a strip, acquired for or devoted to [
a highway
] 
state transportation purposes
.
[
(26)
] 
(27)
 "Sealed" does not preclude acceptance of electronically sealed and
submitted bids or proposals in addition to bids or proposals manually sealed and submitted.
[
(27)
] 
(28)
 "Semitrailer" has the meaning set forth in Section 
41-1a-102
.
[
(28)
] 
(29)
 "SR" means state route and has the same meaning as state highway as
defined in this section.
[
(29)
] 
(30)
 "State highway" means those highways designated as state highways in
Title 72, Chapter 4, Designation of State Highways Act.
[
(30)
] 
(31)
 "State transportation purposes" has the meaning set forth in Section
72-5-102
.
[
(31)
] 
(32)
 "State transportation systems" means all streets, alleys, roads, highways,
pathways, and thoroughfares of any kind, including connected structures, airports, aerial
corridor infrastructure, spaceports, public transit facilities, and all other modes and forms of
conveyance used by the public.
[
(32)
] 
(33)
 "Trailer" has the meaning set forth in Section 
41-1a-102
.
[
(33)
] 
(34)
 "Transportation reinvestment zone" means a transportation reinvestment
zone created pursuant to Section 
11-13-227
.
[
(34)
] 
(35)
 "Truck tractor" has the meaning set forth in Section 
41-1a-102
.
[
(35)
] 
(36)
 "UDOT" means the Utah Department of Transportation.
[
(36)
] 
(37)
 "Vehicle" has the same meaning set forth in Section 
41-1a-102
.
Section 10. Section 
72-1-202
 is amended to read:
72-1-202.
Executive director of department -- Appointment -- Qualifications --
Term -- Responsibility -- Power to bring suits -- Salary.
(1) (a) The governor, with the advice and consent of the Senate, shall appoint an
executive director to be the chief executive officer of the department.
(b) The executive director shall be a registered professional engineer and qualified
executive with technical and administrative experience and training appropriate for the
position.
(c) The executive director shall remain in office until a successor is appointed.
(d) The executive director may be removed by the governor.
(2) In addition to the other functions, powers, duties, rights, and responsibilities
prescribed in this chapter, the executive director shall:
(a) have responsibility for the administrative supervision of the state transportation
systems and the various operations of the department;
(b) have the responsibility for the implementation of rules, priorities, and policies
established by the department and the commission;
(c) have the responsibility for the oversight and supervision of[
:
]
[
(i)
] any transportation project for which state funds are expended; [
and
]
[
(ii) any fixed guideway capital development project within the boundaries of a large
public transit district for which any state funds are expended;
]
(d) have full power to bring suit in courts of competent jurisdiction in the name of the
department as the executive director considers reasonable and necessary for the proper
attainment of the goals of this chapter;
(e) receive a salary, to be established by the governor within the salary range fixed by
the Legislature in Title 67, Chapter 22, State Officer Compensation, together with actual
traveling expenses while away from the executive director's office on official business;
(f) purchase all equipment, services, and supplies necessary to achieve the department's
functions, powers, duties, rights, and responsibilities delegated under Section 
72-1-201
;
(g) have the responsibility to determine whether a purchase from, contribution to, or
other participation with a public entity or association of public entities in a pooled fund
program to acquire, develop, or share information, data, reports, or other services related to the
department's mission are procurement items under Title 63G, Chapter 6a, Utah Procurement
Code;
(h) have responsibility for administrative supervision of the Comptroller Division, the
Internal Audit Division, and the Communications Division; and
(i) appoint assistants, to serve at the discretion of the executive director, to administer
the divisions of the department.
(3) The executive director may employ other assistants and advisers as the executive
director finds necessary and fix salaries in accordance with the salary standards adopted by the
Division of Human Resource Management.
[
(4) (a) For a fixed guideway capital development project within the boundaries of a
large public transit district for which state funds are expended, responsibilities of the executive
director include:
]
[
(i) project development for a fixed guideway capital development project in a large
public transit district;
]
[
(ii) oversight and coordination of planning, including:
]
[
(A) development of statewide strategic initiatives for planning across all modes of
transportation;
]
[
(B) coordination with metropolitan planning organizations;
]
[
(C) coordination with a large public transit district, including planning, project
development, outreach, programming, environmental studies and impact statements,
construction, and impacts on public transit operations; and
]
[
(D) corridor and area planning;
]
[
(iii) programming and prioritization of fixed guideway capital development projects;
]
[
(iv) fulfilling requirements for environmental studies and impact statements; and
]
[
(v) resource investment, including identification, development, and oversight of
public-private partnership opportunities.
]
[
(5) (a) Before October 31, 2022, the department shall submit to the Transportation
Interim Committee a written plan for the department to assume management of all fixed
guideway capital development projects within a large public transit district for which state
funds are expended.
]
[
(b) The department shall consult with a large public transit district and relevant
metropolitan planning organizations in developing the plan described in Subsection (5)(a).
]
[
(c) The Transportation Interim Committee shall consider the plan submitted by the
department as described in Subsection (5)(a) and make recommendations to the Legislature
before December 1, 2022.
]
Section 11. Section 
72-1-203
 is amended to read:
72-1-203.
Deputy director -- Appointment -- Qualifications -- Other assistants
and advisers -- Salaries.
(1) The executive director shall appoint [
two
] 
the following
 deputy directors, who shall
serve at the discretion of the executive director[
.
]
:
(a) the deputy director of engineering and operation, who shall be a registered
professional engineer in the state, and who shall be the chief engineer of the department; and
(b) the deputy director of planning and investment.
[
(2) (a) The deputy director of engineering and operations shall be a registered
professional engineer in the state and is the chief engineer of the department.
]
[
(b) The deputy director of engineering and operations shall assist the executive
director with areas of responsibility that may include:
]
[
(i) project development, including statewide standards for project design and
construction, right-of-way, materials, testing, structures, and construction;
]
[
(ii) oversight of the management of the region offices described in Section 
72-1-205
;
]
[
(iii) operations and traffic management;
]
[
(iv) oversight of operations of motor carriers and ports;
]
[
(v) transportation systems safety;
]
[
(vi) aeronautical operations; and
]
[
(vii) equipment for department engineering and maintenance functions.
]
[
(c) The deputy director of planning and investment shall assist the executive director
with areas of responsibility that may include:
]
[
(i) oversight and coordination of planning, including:
]
[
(A) development of statewide strategic initiatives for planning across all modes of
transportation;
]
[
(B) coordination with metropolitan planning organizations and local governments;
and
]
[
(C) corridor and area planning;
]
[
(ii) asset management;
]
[
(iii) programming and prioritization of transportation projects;
]
[
(iv) fulfilling requirements for environmental studies and impact statements;
]
[
(v) resource investment, including identification, development, and oversight of
public-private partnership opportunities;
]
[
(vi) data analytics services to the department;
]
[
(vii) corridor preservation;
]
[
(viii) employee development;
]
[
(ix) maintenance planning; and
]
[
(x) oversight and facilitation of the negotiations and integration of public transit
providers described in Section 
17B-2a-827
.
]
(2) As assigned by the executive director, the deputy directors described in Subsection
(1) may assist the executive director with the following departmental responsibilities:
(a) project development, including statewide standards for project design and
construction, right-of-way, materials, testing, structures, and construction;
(b) oversight of the management of the region offices described in Section 
72-1-205
;
(c) operations and traffic management;
(d) oversight of operations of motor carriers and ports;
(e) transportation systems safety;
(f) aeronautical operations;
(g) equipment for department engineering and maintenance functions;
(h) oversight and coordination of planning, including:
(i) development of statewide strategic initiatives for planning across all modes of
transportation;
(ii) coordination with metropolitan planning organizations and local governments;
(iii) coordination with a large public transit district, including planning, project
development, outreach, programming, environmental studies and impact statements,
construction, and impacts on public transit operations; and
(iv) corridor and area planning;
(i) asset management;
(j) programming and prioritization of transportation projects;
(k) fulfilling requirements for environmental studies and impact statements;
(l) resource investment, including identification, development, and oversight of
public-private partnership opportunities;
(m) data analytics services to the department;
(n) corridor preservation;
(o) employee development;
(p) maintenance planning;
(q) oversight and facilitation of the negotiations and integration of public transit
providers described in Section 
17B-2a-827
;
(r) oversight and supervision of any fixed guideway capital development project within
the boundaries of a large public transit district for which any state funds are expended,
including those responsibilities described in Subsections (2)(a), (h), (j), (k), and (l); and
(s) other departmental responsibilities as determined by the executive director.
(3) The executive director shall ensure that the same deputy director does not oversee
or supervise both the fixed guideway capital development responsibilities described in
Subsection (2)(r) and the department's fixed guideway rail safety responsibilities, including the
responsibilities described in Section 
72-1-214
.
Section 12. Section 
72-1-213.2
 is amended to read:
72-1-213.2.
Road Usage Charge Program Special Revenue Fund -- Revenue.
(1) There is created [
a
] 
an expendable
 special revenue fund within the Transportation
Fund known as the "Road Usage Charge Program Special Revenue Fund."
(2) (a) The fund shall be funded from the following sources:
(i) revenue collected by the department under Section 
72-1-213.1
;
(ii) appropriations made to the fund by the Legislature;
(iii) contributions from other public and private sources for deposit into the fund;
(iv) interest earnings on cash balances; and
(v) money collected for repayments and interest on fund money.
(b) If the revenue derived from the sources described in Subsection (2)(a) is
insufficient to cover the costs of administering the road usage charge program, subject to
Subsection 
72-2-107
(1), the department may transfer into the fund revenue deposited into the
Transportation Fund from the fee described in Subsections 
41-1a-1206
(1)(h) and (2)(b) in an
amount sufficient to enable the department to administer the road usage charge program.
(3) (a) Revenue generated by the road usage charge program and relevant penalties
shall be deposited into the Road Usage Charge Program Special Revenue Fund.
(b) Revenue in the Road Usage Charge Program Special Revenue Fund is nonlapsing.
(4) [
Upon appropriation by the Legislature, the
] 
The
 department may use revenue
deposited into the Road Usage Charge Program Special Revenue Fund:
(a) to cover the costs of administering the program; and
(b) for [
state transportation purposes
] 
the purposes described in Subsection (5)
.
(5) If revenue collected by the department under Section 
72-1-213.1
 in a fiscal year is
sufficient to cover all costs related to administering the road usage charge program in that fiscal
year, the department shall deposit any excess revenue collected by the department under
Section 
72-1-213.1
 from the Road Usage Charge Program Special Revenue Fund into the
Transportation Fund for appropriation and apportionment in accordance with Section 
72-2-107
.
Section 13. Section 
72-1-304
 is amended to read:
72-1-304.
Written project prioritization process for new transportation capacity
projects -- Rulemaking.
(1) (a) The Transportation Commission, in consultation with the department and the
metropolitan planning organizations as defined in Section 
72-1-208.5
, shall develop a written
prioritization process for the prioritization of:
(i) new transportation capacity projects that are or will be part of the state highway
system under Chapter 4, Part 1, State Highways;
(ii) paved pedestrian or paved nonmotorized transportation projects [
that:
] 
described in
Section 
72-2-124
;
[
(A) mitigate traffic congestion on the state highway system; and
]
[
(B) are part of an active transportation plan approved by the department;
]
(iii) public transit projects that directly add capacity to the public transit systems within
the state, not including facilities ancillary to the public transit system; and
(iv) pedestrian or nonmotorized transportation projects that provide connection to a
public transit system.
(b) (i) A local government or district may nominate a project for prioritization in
accordance with the process established by the commission in rule.
(ii) If a local government or district nominates a project for prioritization by the
commission, the local government or district shall provide data and evidence to show that:
(A) the project will advance the purposes and goals described in Section 
72-1-211
;
(B) for a public transit project, the local government or district has an ongoing funding
source for operations and maintenance of the proposed development; and
(C) the local government or district will provide 40% of the costs for the project as
required by Subsection 
72-2-124
(4)(a)(viii) or 
72-2-124
(9)(e).
(2) The following shall be included in the written prioritization process under
Subsection (1):
(a) a description of how the strategic initiatives of the department adopted under
Section 
72-1-211
 are advanced by the written prioritization process;
(b) a definition of the type of projects to which the written prioritization process
applies;
(c) specification of a weighted criteria system that is used to rank proposed projects
and how it will be used to determine which projects will be prioritized;
(d) specification of the data that is necessary to apply the weighted ranking criteria; and
(e) any other provisions the commission considers appropriate, which may include
consideration of:
(i) regional and statewide economic development impacts, including improved local
access to:
(A) employment;
(B) educational facilities;
(C) recreation;
(D) commerce; and
(E) residential areas, including moderate income housing as demonstrated in the local
government's or district's general plan pursuant to Section 
10-9a-403
 or 
17-27a-403
;
(ii) the extent to which local land use plans relevant to a project support and
accomplish the strategic initiatives adopted under Section 
72-1-211
; and
(iii) any matching funds provided by a political subdivision or public transit district in
addition to the 40% required by Subsections 
72-2-124
(4)(a)(viii) and 
72-2-124
(9)(e).
(3) (a) When prioritizing a public transit project that increases capacity, the
commission:
(i) may give priority consideration to projects that are part of a transit-oriented
development or transit-supportive development as defined in Section 
17B-2a-802
; and
(ii) shall give priority consideration to projects that are within the boundaries of a
housing and transit reinvestment zone created pursuant to Title 63N, Chapter 3, Part 6,
Housing and Transit Reinvestment Zone Act.
(b) When prioritizing a transportation project that increases capacity, the commission
may give priority consideration to projects that are:
(i) part of a transportation reinvestment zone created under Section 
11-13-227
 if:
(A) the state is a participant in the transportation reinvestment zone; or
(B) the commission finds that the transportation reinvestment zone provides a benefit
to the state transportation system; or
(ii) within the boundaries of a housing and transit reinvestment zone created pursuant
to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act.
(c) If the department receives a notice of prioritization for a municipality as described
in Subsection 
10-9a-408
(5), or a notice of prioritization for a county as described in Subsection
17-27a-408
(5), the commission may, during the fiscal year specified in the notice, give priority
consideration to transportation projects that are within the boundaries of the municipality or the
unincorporated areas of the county.
(4) In developing the written prioritization process, the commission:
(a) shall seek and consider public comment by holding public meetings at locations
throughout the state; and
(b) may not consider local matching dollars as provided under Section 
72-2-123
 unless
the state provides an equal opportunity to raise local matching dollars for state highway
improvements within each county.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Transportation Commission, in consultation with the department, shall make rules establishing
the written prioritization process under Subsection (1).
(6) The commission shall submit the proposed rules under this section to a committee
or task force designated by the Legislative Management Committee for review prior to taking
final action on the proposed rules or any proposed amendment to the rules described in
Subsection (5).
Section 14. Section 
72-1-305
 is amended to read:
72-1-305.
Project selection using the written prioritization process -- Public
comment -- Report.
(1) Except as provided in Subsection (4), in determining priorities and funding levels
of projects in the state transportation system under Subsection 
72-1-303
(1)(a) that are new
transportation capacity projects, the commission shall use the weighted criteria system adopted
in the written prioritization process under Section 
72-1-304
.
(2) Prior to finalizing priorities and funding levels of projects in the state transportation
system, the commission shall conduct public hearings at locations around the state and accept
public comments on:
(a) the written prioritization process;
(b) the merits of new transportation capacity projects that will be prioritized under this
section; and
(c) the merits of new transportation capacity projects as recommended by a consensus
of local elected officials participating in a metropolitan planning organization as defined in
Section 
72-1-208.5
.
(3) The commission shall make the weighted criteria system ranking for each project
publicly available prior to the public hearings held under Subsection (2).
(4) (a) If the commission prioritizes a project over another project with a higher rank
under the weighted criteria system, the commission shall identify the change and accept public
comment at a hearing held under this section on the merits of prioritizing the project above
higher ranked projects.
(b) The commission shall make the reasons for the prioritization under Subsection
(4)(a) publicly available.
(5) (a) The executive director or the executive director's designee shall report annually
to the governor and a committee designated by the Legislative Management Committee no later
than the last day of October:
(i) the projects prioritized under this section during the year prior to the report; and
(ii) the status and progress of all projects prioritized under this section.
(b) Annually, before any funds are programmed and allocated from the Transit
Transportation Investment Fund created in Section 
72-2-124
 for each fiscal year, the executive
director or the executive director's designee, along with the executive director of a large public
transit district as described in Section 
17B-2a-802
, shall report to the governor and a committee
designated by the Legislative Management Committee no later than the last day of October:
(i) the public transit projects prioritized under this section during the year prior to the
report; and
(ii) the status and progress of all public transit projects prioritized under this section.
(6) The department shall annually report to the Transportation Commission on the
status of new capacity transportation projects, including projects that were funded by the
Legislature in an appropriations act.
[
(6) (a) The department may not delay a new transportation capacity project that was
funded by the Legislature in an appropriations act to a different fiscal year than programmed by
the commission due to an unavoidable shortfall in revenues unless the project delays are
prioritized and approved by the Transportation Commission.
]
[
(b) The Transportation Commission shall prioritize and approve any new
transportation capacity project delays for projects that were funded by the Legislature in an
appropriations act due to an unavoidable shortfall in revenues.
]
Section 15. Section 
72-2-106
 is amended to read:
72-2-106.
Appropriation and transfers from Transportation Fund.
(1) On and after July 1, 1981, there is appropriated from the Transportation Fund to the
use of the department an amount equal to two-elevenths of the taxes collected from the motor
fuel tax and the special fuel tax, exclusive of the formula amount appropriated for class B and
class C roads, to be used for highway rehabilitation.
(2) For a fiscal year beginning on or after July 1, 2016, the Division of Finance shall
annually transfer an amount equal to the amount of revenue generated by a tax imposed on
motor and special fuel that is sold, used, or received for sale or used in this state at a rate of 1.8
cents per gallon to the Transportation Investment Fund of 2005 created by Section 
72-2-124
.
(3) For a fiscal year beginning on or after July 1, 2019, the Division of Finance shall
annually transfer to the Transportation Investment Fund of 2005 created by Section 
72-2-124
an amount that is equal to 35% of the amount of revenue generated in the current fiscal year by
the portion of the tax imposed on motor and special fuel that is sold, used, or received for sale
or use in this state that exceeds 29.4 cents per gallon.
(4) For purposes of the calculation described in Subsection 
59-12-103
(7)(c), the
Division of Finance shall notify the State Tax Commission of the amount of any transfer made
under Subsections (2) and (3).
Section 16. Section 
72-2-107
 is amended to read:
72-2-107.
Appropriation from Transportation Fund -- Apportionment for class B
and class C roads.
(1) There is appropriated to the department from the Transportation Fund annually an
amount equal to 30% of an amount which the director of finance shall compute in the
following manner: The total revenue deposited into the Transportation Fund during the fiscal
year from state highway-user taxes and fees, minus those amounts appropriated or transferred
from the Transportation Fund during the same fiscal year to:
(a) the Department of Public Safety;
(b) the State Tax Commission;
(c) the Division of Finance;
(d) the Utah Travel Council;
(e) 
except as provided in Section 
72-1-213.2
,
 the road usage charge program created in
Section 
72-1-213.1
; and
(f) any other amounts appropriated or transferred for any other state agencies not a part
of the department.
(2) (a) Except as provided in Subsections (2)(b) and (c), all of the money appropriated
in Subsection (1) shall be apportioned among counties and municipalities for class B and class
C roads as provided in this title.
(b) The department shall annually transfer $500,000 of the amount calculated under
Subsection (1) to the State Park Access Highways Improvement Program created in Section
72-3-207
.
(c) Administrative costs of the department to administer class B and class C roads shall
be paid from funds calculated under Subsection (1).
(3) Each quarter of every year the department shall make the necessary accounting
entries to transfer the money appropriated under this section for class B and class C roads.
(4) The funds appropriated for class B and class C roads shall be expended under the
direction of the department as the Legislature shall provide.
Section 17. Section 
72-2-123
 is amended to read:
72-2-123.
Rules adopting guidelines -- Partnering to finance state highway
capacity improvements -- Partnering proposals.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission, in consultation with representatives of local government, shall make rules
adopting guidelines for partnering with counties and municipalities for their help to finance
state highway improvement projects through:
(a) local matching dollars; [
or
]
(b) agreements regarding new revenue a county or municipality expects will be
generated as a result of the construction of a state highway improvement project; or
[
(b)
] 
(c)
 other local participation methods.
(2) The guidelines 
described in Subsection (1)
 shall encourage partnering to help
finance state highway improvement projects and provide for:
(a) 
the
 consideration of factors relevant to a decision to make a program adjustment
including the potential to:
(i) extend department resources to other needed projects;
(ii) alleviate significant existing or future congestion or hazards to the traveling public;
and
(iii) address a need that is widely recognized by the public, elected officials, and
transportation planners;
(b) a process for submitting, evaluating, and hearing partnering proposals; and
(c) [
keeping
] 
the creation of
 a public record of each proposal from initial submission to
final disposition.
(3) The commission shall submit the proposed rules under this section to a committee
or task force designated by the Legislative Management Committee for review prior to taking
final action on the proposed rules or any proposed amendment to the rules.
Section 18. Section 
72-2-124
 is amended to read:
72-2-124.
Transportation Investment Fund of 2005.
(1) There is created a capital projects fund entitled the Transportation Investment Fund
of 2005.
(2) The fund consists of money generated from the following sources:
(a) any voluntary contributions received for the maintenance, construction,
reconstruction, or renovation of state and federal highways;
(b) appropriations made to the fund by the Legislature;
(c) registration fees designated under Section 
41-1a-1201
;
(d) the sales and use tax revenues deposited into the fund in accordance with Section
59-12-103
; and
(e) revenues transferred to the fund in accordance with Section 
72-2-106
.
(3) (a) The fund shall earn interest.
(b) All interest earned on fund money shall be deposited into the fund.
(4) (a) Except as provided in Subsection (4)(b), the executive director may only use
fund money to pay:
(i) the costs of maintenance, construction, reconstruction, or renovation to state and
federal highways prioritized by the Transportation Commission through the prioritization
process for new transportation capacity projects adopted under Section 
72-1-304
;
(ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
projects described in Subsections 
63B-18-401
(2), (3), and (4);
(iii) principal, interest, and issuance costs of bonds authorized by Section 
63B-18-401
minus the costs paid from the County of the First Class Highway Projects Fund in accordance
with Subsection 
72-2-121
(4)(e);
(iv) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010 Salt
Lake County Revenue Bond Sinking Fund created by Section 
72-2-121.3
 the amount certified
by Salt Lake County in accordance with Subsection 
72-2-121.3
(4)(c) as necessary to pay the
debt service on $30,000,000 of the revenue bonds issued by Salt Lake County;
(v) principal, interest, and issuance costs of bonds authorized by Section 
63B-16-101
for projects prioritized in accordance with Section 
72-2-125
;
(vi) all highway general obligation bonds that are intended to be paid from revenues in
the Centennial Highway Fund created by Section 
72-2-118
;
(vii) for fiscal year 2015-16 only, to transfer $25,000,000 to the County of the First
Class Highway Projects Fund created in Section 
72-2-121
 to be used for the purposes described
in Section 
72-2-121
;
(viii) if a political subdivision provides a contribution equal to or greater than 40% of
the costs needed for construction, reconstruction, or renovation of paved pedestrian or paved
nonmotorized transportation for projects that:
(A) mitigate traffic congestion on the state highway system;
(B) are part of an active transportation plan approved by the department; and
(C) are prioritized by the commission through the prioritization process for new
transportation capacity projects adopted under Section 
72-1-304
;
(ix) $705,000,000 for the costs of right-of-way acquisition, construction,
reconstruction, or renovation of or improvement to the following projects:
(A) the connector road between Main Street and 1600 North in the city of Vineyard;
(B) Geneva Road from University Parkway to 1800 South;
(C) the SR-97 interchange at 5600 South on I-15;
(D) two lanes on U-111 from Herriman Parkway to 11800 South;
(E) widening I-15 between mileposts 10 and 13 and the interchange at milepost 11;
(F) improvements to 1600 North in Orem from 1200 West to State Street;
(G) widening I-15 between mileposts 6 and 8;
(H) widening 1600 South from Main Street in the city of Spanish Fork to SR-51;
(I) widening US 6 from Sheep Creek to Mill Fork between mileposts 195 and 197 in
Spanish Fork Canyon;
(J) I-15 northbound between mileposts 43 and 56;
(K) a passing lane on SR-132 between mileposts 41.1 and 43.7 between mileposts 43
and 45.1;
(L) east Zion SR-9 improvements;
(M) Toquerville Parkway;
(N) an environmental study on Foothill Boulevard in the city of Saratoga Springs;
(O) using funds allocated in this Subsection (4)(a)(ix), and other sources of funds, for
construction of an interchange on Bangerter Highway at 13400 South; and
(P) an environmental impact study for Kimball Junction in Summit County; and
(x) $28,000,000 as pass-through funds, to be distributed as necessary to pay project
costs based upon a statement of cash flow that the local jurisdiction where the project is located
provides to the department demonstrating the need for money for the project, for the following
projects in the following amounts:
(A) $5,000,000 for Payson Main Street repair and replacement;
(B) $8,000,000 for a Bluffdale 14600 South railroad bypass;
(C) $5,000,000 for improvements to 4700 South in Taylorsville; and
(D) $10,000,000 for improvements to the west side frontage roads adjacent to U.S. 40
between mile markers 7 and 10.
(b) The executive director may use fund money to exchange for an equal or greater
amount of federal transportation funds to be used as provided in Subsection (4)(a).
(5) (a) Except as provided in Subsection (5)(b), if the department receives a notice of
ineligibility for a municipality as described in Subsection 
10-9a-408
(7), the executive director
may not program fund money to a project prioritized by the commission under Section
72-1-304
, including fund money from the Transit Transportation Investment Fund, within the
boundaries of the municipality during the fiscal year specified in the notice.
(b) Within the boundaries of a municipality described in Subsection (5)(a), the
executive director:
(i) may program fund money in accordance with Subsection (4)(a) for a limited-access
facility or interchange connecting limited-access facilities;
(ii) may not program fund money for the construction, reconstruction, or renovation of
an interchange on a limited-access facility;
(iii) may program Transit Transportation Investment Fund money for a
multi-community fixed guideway public transportation project; and
(iv) may not program Transit Transportation Investment Fund money for the
construction, reconstruction, or renovation of a station that is part of a fixed guideway public
transportation project.
(c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive
director before July 1, 2022, for projects prioritized by the commission under Section
72-1-304
.
(6) (a) Except as provided in Subsection (6)(b), if the department receives a notice of
ineligibility for a county as described in Subsection 
17-27a-408
(7), the executive director may
not program fund money to a project prioritized by the commission under Section 
72-1-304
,
including fund money from the Transit Transportation Investment Fund, within the boundaries
of the unincorporated area of the county during the fiscal year specified in the notice.
(b) Within the boundaries of the unincorporated area of a county described in
Subsection (6)(a), the executive director:
(i) may program fund money in accordance with Subsection (4)(a) for a limited-access
facility to a project prioritized by the commission under Section 
72-1-304
;
(ii) may not program fund money for the construction, reconstruction, or renovation of
an interchange on a limited-access facility;
(iii) may program Transit Transportation Investment Fund money for a
multi-community fixed guideway public transportation project; and
(iv) may not program Transit Transportation Investment Fund money for the
construction, reconstruction, or renovation of a station that is part of a fixed guideway public
transportation project.
(c) Subsections (6)(a) and (b) do not apply to a project programmed by the executive
director before July 1, 2022, for projects prioritized by the commission under Section
72-1-304
.
(7) (a) Before bonds authorized by Section 
63B-18-401
 or 
63B-27-101
 may be issued
in any fiscal year, the department and the commission shall appear before the Executive
Appropriations Committee of the Legislature and present the amount of bond proceeds that the
department needs to provide funding for the projects identified in Subsections 
63B-18-401
(2),
(3), and (4) or Subsection 
63B-27-101
(2) for the current or next fiscal year.
(b) The Executive Appropriations Committee of the Legislature shall review and
comment on the amount of bond proceeds needed to fund the projects.
(8) The Division of Finance shall, from money deposited into the fund, transfer the
amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
Section 
63B-18-401
 or 
63B-27-101
 in the current fiscal year to the appropriate debt service or
sinking fund.
(9) (a) There is created in the Transportation Investment Fund of 2005 the Transit
Transportation Investment Fund.
(b) The fund shall be funded by:
(i) contributions deposited into the fund in accordance with Section 
59-12-103
;
(ii) appropriations into the account by the Legislature;
(iii) deposits of sales and use tax increment related to a housing and transit
reinvestment zone as described in Section 
63N-3-610
;
(iv) private contributions; and
(v) donations or grants from public or private entities.
(c) (i) The fund shall earn interest.
(ii) All interest earned on fund money shall be deposited into the fund.
(d) Subject to Subsection (9)(e), the [
Legislature may appropriate
] 
commission may
prioritize
 money from the fund:
(i) for public transit capital development of new capacity projects and fixed guideway
capital development projects to be used as prioritized by the commission through the
prioritization process adopted under Section 
72-1-304
; 
or
[
(ii) for development of the oversight plan described in Section 
72-1-202
(5); or
]
[
(iii)
] 
(ii)
 to the department for oversight of a fixed guideway capital development
project for which the department has responsibility.
(e) (i) The [
Legislature
] 
commission
 may only [
appropriate
] 
prioritize
 money from the
fund for a public transit capital development project or pedestrian or nonmotorized
transportation project that provides connection to the public transit system if the public transit
district or political subdivision provides funds of equal to or greater than 40% of the costs
needed for the project.
(ii) A public transit district or political subdivision may use money derived from a loan
granted pursuant to Title 72, Chapter 2, Part 2, State Infrastructure Bank Fund, to provide all or
part of the 40% requirement described in Subsection (9)(e)(i) if:
(A) the loan is approved by the commission as required in Title 72, Chapter 2, Part 2,
State Infrastructure Bank Fund; and
(B) the proposed capital project has been prioritized by the commission pursuant to
Section 
72-1-303
.
(f) Before July 1, 2022, the department and a large public transit district shall enter into
an agreement for a large public transit district to pay the department $5,000,000 per year for 15
years to be used to facilitate the purchase of zero emissions or low emissions rail engines and
trainsets for regional public transit rail systems.
(10) (a) There is created in the Transportation Investment Fund of 2005 the
Cottonwood Canyons Transportation Investment Fund.
(b) The fund shall be funded by:
(i) money deposited into the fund in accordance with Section 
59-12-103
;
(ii) appropriations into the account by the Legislature;
(iii) private contributions; and
(iv) donations or grants from public or private entities.
(c) (i) The fund shall earn interest.
(ii) All interest earned on fund money shall be deposited into the fund.
(d) The Legislature may appropriate money from the fund for public transit or
transportation projects in the Cottonwood Canyons of Salt Lake County.
(11) (a) There is created in the Transportation Investment Fund of 2005 the Active
Transportation Investment Fund.
(b) The fund shall be funded by:
(i) money deposited into the fund in accordance with Section 
59-12-103
;
(ii) appropriations into the account by the Legislature; and
(iii) donations or grants from public or private entities.
(c) (i) The fund shall earn interest.
(ii) All interest earned on fund money shall be deposited into the fund.
(d) The executive director may only use fund money to pay the costs needed for:
(i) the planning, design, construction, maintenance, reconstruction, or renovation of
paved pedestrian or paved nonmotorized trail projects that:
(A) are prioritized by the commission through the prioritization process for new
transportation capacity projects adopted under Section 
72-1-304
;
(B) serve a regional purpose; and
(C) are part of an active transportation plan approved by the department or the plan
described in Subsection (11)(d)(ii);
(ii) the development of a plan for a statewide network of paved pedestrian or paved
nonmotorized trails that serve a regional purpose; and
(iii) the administration of the fund, including staff and overhead costs.
Section 19. Section 
72-2-202
 is amended to read:
72-2-202.
State Infrastructure Bank Fund -- Creation -- Use of money.
(1) There is created a revolving loan fund entitled the State Infrastructure Bank Fund.
(2) (a) The fund consists of money generated from the following revenue sources:
(i) appropriations made to the fund by the Legislature;
(ii) federal money and grants that are deposited [
in
] 
into
 the fund;
(iii) money transferred to the fund by the commission from other money available to
the department;
(iv) state grants that are deposited [
in
] 
into
 the fund;
(v) contributions or grants from any other private or public sources for deposit into the
fund; and
(vi) subject to Subsection (2)(b), all money collected from repayments of fund money
used for infrastructure loans or infrastructure assistance.
(b) When a loan from the fund is repaid, the department may request and the
Legislature may transfer from the fund to the source from which the money originated an
amount equal to the repaid loan.
(3) (a) The fund shall earn interest.
(b) All interest earned on fund money shall be deposited into the fund.
(4) Money in the fund shall be used by the department, as prioritized by the
commission, only to:
(a) provide infrastructure loans or infrastructure assistance; and
(b) pay the department for the costs of administering the fund, providing infrastructure
loans or infrastructure assistance, monitoring transportation projects and publicly owned
infrastructure projects, and obtaining repayments of infrastructure loans or infrastructure
assistance.
(5) (a) The department may establish separate accounts in the fund for infrastructure
loans, infrastructure assistance, administrative and operating expenses, or any other purpose to
implement this part.
(b) The department shall establish a separate account in the fund for infrastructure
loans for publicly owned infrastructure projects in greenfield areas that are located no less than
one mile from an existing municipal or county:
(i) water supply;
(ii) water distribution facility; or
(iii) wastewater facility.
(c) Prioritization of infrastructure loans described in Subsection (5)(b) shall follow the
same process as described in Section 
72-2-203
.
[
(b)
] 
(d)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the department may make rules governing how the fund and its accounts may be held by
an escrow agent.
(6) Fund money shall be invested by the state treasurer as provided in Title 51, Chapter
7, State Money Management Act, and the earnings from the investments shall be credited to the
fund.
(7) Before July 1, 2022, the department shall transfer the loan described in Subsection
63B-27-101
(3)(a)(i) from the State Infrastructure Bank Fund to the military development
infrastructure revolving loan fund created in Section 
63A-3-402
.
Section 20. Section 
72-5-102
 is amended to read:
72-5-102.
Definitions.
As used in this part, "state transportation purposes" includes:
(1) highway
, public transit facility,
 and transportation rights-of-way, including those
necessary within cities and towns;
(2) the construction, reconstruction, relocation, improvement, maintenance, and
mitigation from the effects of these activities on state highways and other transportation
facilities, including parking facilities, under the control of the department;
(3) limited access facilities, including rights of access, air, light, and view and frontage
and service roads to highways;
(4) adequate drainage in connection with any highway, cut, fill, or channel change and
the maintenance of any highway, cut, fill, or channel change;
(5) weighing stations, shops, offices, storage buildings and yards, and road
maintenance or construction sites;
(6) road material sites, sites for the manufacture of road materials, and access roads to
the sites;
(7) the maintenance of an unobstructed view of any portion of a highway to promote
the safety of the traveling public;
(8) the placement of traffic signals, directional signs, and other signs, fences, curbs,
barriers, and obstructions for the convenience of the traveling public;
(9) the construction and maintenance of storm sewers, sidewalks, and highway
illumination;
(10) the construction and maintenance of livestock highways;
(11) the construction and maintenance of roadside rest areas adjacent to or near any
highway; and
(12) the mitigation of impacts from transportation projects.
Section 21. Section 
72-5-114
 is amended to read:
72-5-114.
Property acquired in advance of construction -- Lease or rental.
(1) (a) The department may acquire real property or interests or improvements in real
property in advance of the actual construction, reconstruction, or improvement of highways 
or
public transit facilities
 in order to save on acquisition costs or avoid the payment of excessive
damages.
(b) The real property or interests or improvements in real property may be leased or
rented by the department in a manner, for a period of time, and for a sum determined by the
department to be in the best interest of the state.
(2) (a) The department may employ private agencies to manage rental properties when
it is more economical and in the best interests of the state.
(b) All money received for leases and rentals, after deducting any portion to which the
federal government may be entitled, shall be deposited with the state treasurer and credited to
the Transportation Fund.
Section 22. Section 
72-6-112.5
 is amended to read:
72-6-112.5.
Definitions -- Nighttime highway construction noise -- Exemptions --
Permits.
(1) As used in this section:
(a) "Commuter rail" means the same as that term is defined in Section 
63N-3-602
.
[
(a)
] 
(b)
 (i) "Front row receptor" means a noise-sensitive residential receptor that is:
(A) immediately adjacent to a transportation facility; or
(B) within 800 feet of a transportation facility that is within a commercial or
industrialized area.
(ii) "Front row receptor" includes a residence that is contiguous to a property
immediately adjacent to a transportation facility in a residential area.
[
(b)
] 
(c)
 "Nighttime [
highway
] construction" means highway 
or public transit facility
construction occurring between the hours of 10:00 p.m. and 7:00 a.m.
[
(c)
] 
(d)
 "Nuisance" means the same as that term is defined in Section 
78B-6-1101
.
[
(d)
] 
(e)
 (i) "Permitted activities" means activities occurring between the hours of 7:00
p.m. and 7:00 a.m. that are related to and necessary for nighttime [
highway
] construction,
whether occurring at the construction site or at a gravel pit or other site for production of raw
materials, and includes:
(A) loading and unloading of trucks;
(B) asphalt mixing and hauling; and
(C) concrete mixing and hauling.
(ii) "Permitted activities" does not include:
(A) blasting; or
(B) crushing.
[
(2) A state highway construction project conducted on a road where the normal posted
speed limit is 55 miles per hour or greater is exempt from any noise ordinance, regulation, or
standard of a local jurisdictional authority.
]
(2) The following projects are exempt from any noise ordinance, regulation, or
standard of a local jurisdictional authority:
(a) a state highway construction project conducted on a road where the normal posted
speed limit is 55 miles per hour or greater; or
(b) a commuter rail construction project.
(3) [
A state highway construction project conducted on a road where the normal posted
speed limit is less than 55 miles per hour is
] 
Except for a project described in Subsection (2), a
state highway or a public transit facility construction project is
 exempt from any noise
ordinance, regulation, or standard of a local jurisdictional authority if the department:
(a) provides reasonable written notice at least 48 hours in advance of any required
nighttime [
highway
] construction to each residential dwelling located within front row
receptors of the activity;
(b) determines a net community, including traveler community, benefit exists to
conduct nighttime highway construction after considering the following:
(i) public health;
(ii) project completion time;
(iii) air quality;
(iv) traffic;
(v) economics;
(vi) safety; and
(vii) local jurisdiction concerns; and
(c) institutes best management noise reduction practices, as determined by the
department, for front row receptors, in consultation with local government or the local
jurisdictional authority for all nighttime [
highway
] construction, which may include:
(i) equipment maintenance;
(ii) noise shielding;
(iii) scheduling the most noise intrusive activities during the day; and
(iv) other noise mitigation methods.
(4) (a) Subject to Subsection (2) or (3), a state highway project 
or public transit facility
construction
 shall secure required noise permits from the local jurisdictional authority to
conduct nighttime [
highway
] construction.
(b) To the extent practical, the department shall coordinate with the local jurisdictional
authority during the pre-construction phase of a project to address noise exemption conditions.
(5) A local jurisdictional authority shall issue a nighttime [
highway
] construction
permit limited to permitted activities if:
(a) the applicant provides evidence that the permitted activities are directly related to
and necessary for a nighttime [
highway
] construction project for which the department has
obtained a noise permit from a local jurisdictional authority pursuant to Subsection (4); and
(b) the local jurisdictional authority determines that any nuisance that may be caused
by the nighttime [
highway
] construction may be reasonably mitigated.
(6) A local jurisdictional authority shall issue a nighttime [
highway
] construction noise
permit without additional requirements to the department at the request of the department or
the department's designated project agent if the requirements of [
Subsections (2) and
]
Subsection (2) or
 (3) are met.
(7) (a) A local jurisdictional authority may request adjustments to a nighttime
[
highway
] construction permit to mitigate unreasonable noise disturbances caused by nighttime
[
highway
] construction or permitted activities.
(b) If adjustments are requested as described in Subsection (7)(a), the nighttime
[
highway
] construction permit holder shall use best management noise reduction practices to
mitigate unreasonable noise disturbances.
(8) (a) For the exemption provided in Subsection (3) and in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules establishing
procedures:
(i) for a local jurisdictional authority or local government to appeal the decision of the
department to conduct nighttime [
highway
] construction [
on roads where the normal posted
speed limit is less than 55 miles per hour
]; and
(ii) for the local jurisdictional authority to request that the department enforce the terms
of a noise permit.
(b) After review and upon receiving a written notice from a local jurisdictional
authority that the conditions for the noise exemption permit are not met, the department shall
take corrective action to ensure nighttime [
highway
] construction activities meet requirements
of the local permit.
Section 23. 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) (a) A political subdivision may not create a monopoly by entering into an
agreement to grant or permit an exclusive right to one or more vertiport owners as the only
vertiport owners or operators within the boundary of the political subdivision.
(b) Subsection (2)(a) does not preclude a political subdivision from granting a permit
or right to a vertiport owner or operator if only one owner or operator applies for a permit in
that political subdivision.
(3) Notwithstanding Subsection (2), if a political subdivision issues a permit to a
vertiport owner or operator, unless the vertiport owner, operator, or facility receives any public
money, the vertiport owner or operator may exclude other users from using the owner's or
operator's vertiport.
[
(2)
] 
(4)
 This chapter supersedes any law, ordinance, or rule enacted by a political
subdivision of the state before July 1, [
] 
.
Section 24. Section 
72-16-102
 is amended to read:
72-16-102.
Definitions.
As used in this chapter:
(1) "Account" means the Amusement Ride Safety Restricted Account created in
Section 
72-16-204
.
(2) (a) "Amusement park" means a permanent indoor or outdoor facility or park where
one or more amusement rides are available for use by the general public.
(b) "Amusement park" does not include a traveling show, carnival, or public
fairground.
(3) (a) "Amusement ride" means a device or combination of devices or elements that
carries or conveys one or more riders along, around, or over a fixed or restricted route or course
or allows the riders to steer or guide the device within an established area for the purpose of
giving the riders amusement, pleasure, thrills, or excitement.
(b) "Amusement ride" does not include:
(i) a coin-operated ride that:
(A) is manually, mechanically, or electrically operated;
(B) is customarily placed in a public location; and
(C) does not normally require the supervision or services of an operator;
(ii) nonmechanized playground equipment, including a swing, seesaw, stationary
spring-mounted animal feature, rider-propelled merry-go-round, climber, playground slide,
trampoline, or physical fitness device;
(iii) an inflatable device;
(iv) a water-based recreational attraction where complete or partial immersion is
intended, including a water slide, wave pool, or water park;
(v) a challenge, exercise, or obstacle course;
(vi) a passenger ropeway as defined in Section 
72-11-102
;
(vii) a device or attraction that involves one or more live animals;
(viii) a tractor ride or wagon ride; [
or
]
(ix) motion seats in a movie theater for which the manufacturer does not require a
restraint[
.
]
; or
(x) a zip line.
(4) "Committee" means the Utah Amusement Ride Safety Committee created in
Section 
72-16-201
.
(5) "Director" means the director of the committee, hired under Section 
72-16-202
.
(6) "Mobile amusement ride" means an amusement ride that is:
(a) designed or adapted to be moved from one location to another;
(b) not fixed at a single location; and
(c) relocated at least once each calendar year.
(7) "Operator" means the individual who controls the starting, stopping, or speed of an
amusement ride.
(8) "Owner-operator" means the person who has control over and responsibility for the
maintenance, setup, and operation of an amusement ride.
(9) "Permanent amusement ride" means an amusement ride that is not a mobile
amusement ride.
(10) "Qualified safety inspector" means an individual who holds a valid qualified
safety inspector certification.
(11) "Qualified safety inspector certification" means a certification issued by the
director under Section 
72-16-303
.
(12) "Reportable serious injury" means an injury to a rider that:
(a) occurs when there is a failure or malfunction of an amusement ride; and
(b) results in death, dismemberment, permanent disfigurement, permanent loss of the
use of a body organ, member, function, or system, or a compound fracture.
(13) "Safety inspection certification" means a written document that:
(a) is signed by a qualified safety inspector certifying that:
(i) the qualified safety inspector performed an in-person inspection of an amusement
ride to check compliance with the safety standards described in Section 
72-16-304
 and
established by rule; and
(ii) at the time the qualified safety inspector performed the in-person inspection, the
amusement ride:
(A) was set up for use by the general public; and
(B) satisfied the safety standards described in Section 
72-16-304
 and established by
rule; and
(b) includes the date on which the qualified safety inspector performed the in-person
inspection.
(14) "Serious injury" means an injury to a rider that:
(a) occurs when there is a failure or malfunction of an amusement ride; and
(b) requires immediate admission to a hospital and overnight hospitalization and
observation by a licensed physician.
Section 25. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on May 3, 2023.
(2) If approved by two-thirds of all the members elected to each house, the
amendments to Section 
72-16-102
 in this bill take effect upon approval by the governor, or the
day following the constitutional time limit of Utah Constitution, Article VII, Section 8, without
the governor's signature, or in the case of a veto, the date of veto override.
Section 26. 
 Coordinating S.B. 185 with S.B. 24 and S.B. 161 -- Substantive and
technical amendments.
If this S.B. 185 and S.B. 24, Advanced Air Mobility Amendments, and S.B. 161,
Advanced Air Mobility Revisions, all pass and become law, it is the intent of the Legislature
that the Office of Legislative Research and General Counsel, in preparing the Utah Code
database for publication, amend Section 
72-14-103
, being renumbered to Section 
72-10-701
 in
S.B. 24, to read:
"(1) As used in this section, "advanced air mobility business" means a business that
operates an unmanned aircraft system or an advanced air mobility system for a commercial
purpose that is required to obtain a certificate pursuant to 14 C.F.R. Part 107 or 135.
[
(1)
] 
(2)
 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.
(3) (a) Subject to the provisions of this chapter, a political subdivision may require an
advanced air mobility business to obtain a business license if the advanced air mobility
business does not hold a current business license in good standing from another political
subdivision in the state.
(b) A political subdivision may only charge a licensing fee to an advanced air mobility
business in an amount that reimburses the political subdivision for the actual cost of processing
the business license.
(4) A political subdivision may not require an advanced air mobility business to:
(a) obtain a separate business license beyond the initial business license described in
Subsection (3)(a);
(b) pay a fee other than the fee for the initial business license described in Subsection
(3); or
(c) pay a fee for each employee the advanced air mobility business employs.
(5) A political subdivision shall provide a reasonable accommodation to an advanced
air mobility business with regard to any regulation or restriction on the size of the business.
(6) A political subdivision shall recognize as valid within the political subdivision the
business license of an advanced air mobility business obtained in another political subdivision
within the state, if the business license is current and in good standing.
(7) (a) A political subdivision may not create a monopoly by entering into an
agreement to grant or permit an exclusive right to one or more vertiport owners as the only
vertiport owners or operators within the boundary of the political subdivision.
(b) Subsection (7)(a) does not preclude a political subdivision from granting a permit
or right to a vertiport owner or operator if only one owner or operator applies for a permit in
that political subdivision.
(8) Notwithstanding Subsection (7), if a political subdivision issues a permit to a
vertiport owner or operator, unless the vertiport owner, operator, or facility receives any public
money, the vertiport owner or operator may exclude other users from using the owner's or
operator's vertiport.
[
(2)
] 
(9)
 This chapter supersedes any law, ordinance, or rule enacted by a political
subdivision of the state before July 1, [
] 
2022.".