Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 179 Fourth Substitute (2024GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/21/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• makes technical changes throughout various sections to clean up cross references and remove outdated language;
• amends the definition of a snowmobile;
• prohibits the storage of flammable, explosive, or combustible materials near or beneath certain highway and public transit facilities;
• amends provisions regarding the use of certain funds for public transit studies;
• amends the descriptions of highways near certain state parks;
• amends a provision related to required matching funds to qualify for certain transportation funding to exclude projects administered by the Department of Transportation;
• amends the definition of abandoned aircraft; 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: 
____________
LONG TITLE
General Description:
This bill amends provisions related to transportation including a prohibition on the
storage of certain dangerous materials beneath or near certain transportation facilities,
and makes technical corrections and changes.
Highlighted Provisions:
This bill:
▸ makes technical changes throughout various sections to clean up cross references
and remove outdated language;
▸ amends the definition of a snowmobile;
▸ prohibits the storage of flammable, explosive, or combustible materials near or
beneath certain highway and public transit facilities;
▸ amends provisions regarding the use of certain funds for public transit studies;
▸ amends the descriptions of highways near certain state parks;
▸ amends a provision related to required matching funds to qualify for certain
transportation funding to exclude projects administered by the Department of
Transportation;
▸ amends the definition of abandoned aircraft; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
17B-2a-804
, as last amended by Laws of Utah 2023, Chapter 15
17B-2a-806
, as last amended by Laws of Utah 2023, Chapter 22
17B-2a-808.1
, as last amended by Laws of Utah 2022, Chapter 207
17B-2a-808.2
, as last amended by Laws of Utah 2023, Chapter 219
17B-2a-810.1
, as enacted by Laws of Utah 2018, Chapter 424
41-1a-1201
, as last amended by Laws of Utah 2023, Chapters 33, 212, 219, 335, and
372
41-6a-201
, as renumbered and amended by Laws of Utah 2005, Chapter 2
41-22-2
, as last amended by Laws of Utah 2022, Chapters 68, 88
59-12-103
 (Contingently Superseded 01/01/25)
, as last amended by Laws of Utah
2023, Chapters 22, 213, 329, 361, and 471
59-12-103
 (Contingently Effective 01/01/25)
, as last amended by Laws of Utah 2023,
Chapters 22, 213, 329, 361, 459, and 471
59-13-103
, as last amended by Laws of Utah 2020, Chapter 373
72-1-201
, as last amended by Laws of Utah 2023, Chapter 432
72-1-203
, as last amended by Laws of Utah 2023, Chapters 22, 219
72-1-216
, as last amended by Laws of Utah 2021, Chapter 280
72-1-304
, as last amended by Laws of Utah 2023, Chapters 22, 88 and 219
72-2-124
, as last amended by Laws of Utah 2023, Chapters 22, 88, 219, and 529
72-3-202
, as last amended by Laws of Utah 2013, Chapter 14
72-3-203
, as last amended by Laws of Utah 2013, Chapter 14
72-3-204
, as last amended by Laws of Utah 2013, Chapter 14
72-3-205
, as last amended by Laws of Utah 2013, Chapter 14
72-3-206
, as last amended by Laws of Utah 2013, Chapter 14
72-6-118
, as last amended by Laws of Utah 2020, Chapter 377
72-6-121
, as last amended by Laws of Utah 2023, Chapter 299
72-10-203.5
, as enacted by Laws of Utah 2017, Chapter 301
72-10-205.5
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
72-17-101
 (Effective 03/31/24)
, as enacted by Laws of Utah 2023, Chapter 42
72-17-102
 (Effective 03/31/24)
, as enacted by Laws of Utah 2023, Chapter 42
77-11d-105
, as renumbered and amended by Laws of Utah 2023, Chapter 448
ENACTS:
72-7-111
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17B-2a-804
 is amended to read:
17B-2a-804.
Additional public transit district powers.
(1) In addition to the powers conferred on a public transit district under Section
17B-1-103
, a public transit district may:
(a) provide a public transit system for the transportation of passengers and their
incidental baggage;
(b) notwithstanding Subsection 
17B-1-103
(2)(g) and subject to Section 
17B-2a-817
,
levy and collect property taxes only for the purpose of paying:
(i) principal and interest of bonded indebtedness of the public transit district; or
(ii) a final judgment against the public transit district if:
(A) the amount of the judgment exceeds the amount of any collectable insurance or
indemnity policy; and
(B) the district is required by a final court order to levy a tax to pay the judgment;
(c) insure against:
(i) loss of revenues from damage to or destruction of some or all of a public transit
system from any cause;
(ii) public liability;
(iii) property damage; or
(iv) any other type of event, act, or omission;
(d) subject to Section [
72-1-202
] 
72-1-203
 pertaining to fixed guideway capital
development within a large public transit district, acquire, contract for, lease, construct, own,
operate, control, or use:
(i) a right-of-way, rail line, monorail, bus line, station, platform, switchyard, terminal,
parking lot, or any other facility necessary or convenient for public transit service; or
(ii) any structure necessary for access by persons and vehicles;
(e) (i) hire, lease, or contract for the supplying or management of a facility, operation,
equipment, service, employee, or management staff of an operator; and
(ii) provide for a sublease or subcontract by the operator upon terms that are in the
public interest;
(f) operate feeder bus lines and other feeder or ridesharing services as necessary;
(g) accept a grant, contribution, or loan, directly through the sale of securities or
equipment trust certificates or otherwise, from the United States, or from a department,
instrumentality, or agency of the United States;
(h) study and plan transit facilities in accordance with any legislation passed by
Congress;
(i) cooperate with and enter into an agreement with the state or an agency of the state
or otherwise contract to finance to establish transit facilities and equipment or to study or plan
transit facilities;
(j) subject to Subsection [
17B-2a-808.1
(5),
] 
17B-2a-808.1
(4),
 issue bonds as provided
in and subject to Chapter 1, Part 11, Special District Bonds, to carry out the purposes of the
district;
(k) from bond proceeds or any other available funds, reimburse the state or an agency
of the state for an advance or contribution from the state or state agency;
(l) do anything necessary to avail itself of any aid, assistance, or cooperation available
under federal law, including complying with labor standards and making arrangements for
employees required by the United States or a department, instrumentality, or agency of the
United States;
(m) sell or lease property;
(n) except as provided in Subsection (2)(b), assist in or operate transit-oriented or
transit-supportive developments;
(o) subject to Subsections (2) and (3), establish, finance, participate as a limited partner
or member in a development with limited liabilities in accordance with Subsection (1)(p),
construct, improve, maintain, or operate transit facilities, equipment, and, in accordance with
Subsection (3), transit-oriented developments or transit-supportive developments; and
(p) subject to the restrictions and requirements in Subsections (2) and (3), assist in a
transit-oriented development or a transit-supportive development in connection with project
area development as defined in Section 
17C-1-102
 by:
(i) investing in a project as a limited partner or a member, with limited liabilities; or
(ii) subordinating an ownership interest in real property owned by the public transit
district.
(2) (a) A public transit district may only assist in the development of areas under
Subsection (1)(p) that have been approved by the board of trustees, and in the manners
described in Subsection (1)(p).
(b) A public transit district may not invest in a transit-oriented development or
transit-supportive development as a limited partner or other limited liability entity under the
provisions of Subsection (1)(p)(i), unless the partners, developer, or other investor in the entity,
makes an equity contribution equal to no less than 25% of the appraised value of the property
to be contributed by the public transit district.
(c) (i) For transit-oriented development projects, a public transit district shall adopt
transit-oriented development policies and guidelines that include provisions on affordable
housing.
(ii) For transit-supportive development projects, a public transit district shall work with
the metropolitan planning organization and city and county governments where the project is
located to collaboratively seek to create joint plans for the areas within one-half mile of transit
stations, including plans for affordable housing.
(d) A current board member of a public transit district to which the board member is
appointed may not have any interest in the transactions engaged in by the public transit district
pursuant to Subsection (1)(p)(i) or (ii), except as may be required by the board member's
fiduciary duty as a board member.
(3) For any transit-oriented development or transit-supportive development authorized
in this section, the public transit district shall:
(a) perform a cost-benefit analysis of the monetary investment and expenditures of the
development, including effect on:
(i) service and ridership;
(ii) regional plans made by the metropolitan planning agency;
(iii) the local economy;
(iv) the environment and air quality;
(v) affordable housing; and
(vi) integration with other modes of transportation;
(b) provide evidence to the public of a quantifiable positive return on investment,
including improvements to public transit service; and
(c) coordinate with the Department of Transportation in accordance with Section
[
72-1-202
] 
72-2-203
 pertaining to fixed guideway capital development and associated parking
facilities within a station area plan for a transit oriented development within a large public
transit district.
(4) For any fixed guideway capital development project with oversight by the
Department of Transportation as described in Section [
72-1-202
] 
72-2-203
, a large public
transit district shall coordinate with the Department of Transportation in all aspects of the
project, including planning, project development, outreach, programming, environmental
studies and impact statements, impacts on public transit operations, and construction.
(5) A public transit district may participate in a transit-oriented development only if:
(a) for a transit-oriented development involving a municipality:
(i) the relevant municipality has developed and adopted a station area plan; and
(ii) the municipality is in compliance with Sections 
10-9a-403
 and 
10-9a-408
 regarding
the inclusion of moderate income housing in the general plan and the required reporting
requirements; or
(b) for a transit-oriented development involving property in an unincorporated area of a
county, the county is in compliance with Sections 
17-27a-403
 and 
17-27a-408
 regarding
inclusion of moderate income housing in the general plan and required reporting requirements.
(6) A public transit district may be funded from any combination of federal, state,
local, or private funds.
(7) A public transit district may not acquire property by eminent domain.
Section 2. 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;
(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
] 
72-1-203
 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 3. Section 
17B-2a-808.1
 is amended to read:
17B-2a-808.1.
Large public transit district board of trustees powers and duties --
Adoption of ordinances, resolutions, or orders -- Effective date of ordinances.
(1) The powers and duties of a board of trustees of a large public transit district stated
in this section are in addition to the powers and duties stated in Section 
17B-1-301
.
(2) The board of trustees of each large public transit district shall:
(a) hold public meetings and receive public comment;
(b) ensure that the policies, procedures, and management practices established by the
public transit district meet state and federal regulatory requirements and federal grantee
eligibility;
(c) [
subject to Subsection (8),
] create and approve an annual budget, including the
issuance of bonds and other financial instruments, after consultation with the local advisory
council;
(d) approve any interlocal agreement with a local jurisdiction;
(e) in consultation with the local advisory council, approve contracts and overall
property acquisitions and dispositions for transit-oriented development;
(f) in consultation with constituent counties, municipalities, metropolitan planning
organizations, and the local advisory council:
(i) develop and approve a strategic plan for development and operations on at least a
four-year basis; and
(ii) create and pursue funding opportunities for transit capital and service initiatives to
meet anticipated growth within the public transit district;
(g) annually report the public transit district's long-term financial plan to the State
Bonding Commission;
(h) annually report the public transit district's progress and expenditures related to state
resources to the Executive Appropriations Committee and the Infrastructure and General
Government Appropriations Subcommittee;
(i) annually report to the Transportation Interim Committee the public transit district's
efforts to engage in public-private partnerships for public transit services;
(j) hire, set salaries, and develop performance targets and evaluations for:
(i) the executive director; and
(ii) all chief level officers;
(k) supervise and regulate each transit facility that the public transit district owns and
operates, including:
(i) fix rates, fares, rentals, charges and any classifications of rates, fares, rentals, and
charges; and
(ii) make and enforce rules, regulations, contracts, practices, and schedules for or in
connection with a transit facility that the district owns or controls;
(l) [
subject to Subsection (4),
] control the investment of all funds assigned to the
district for investment, including funds:
(i) held as part of a district's retirement system; and
(ii) invested in accordance with the participating employees' designation or direction
pursuant to an employee deferred compensation plan established and operated in compliance
with Section 457 of the Internal Revenue Code;
(m) in consultation with the local advisory council created under Section
17B-2a-808.2
, invest all funds according to the procedures and requirements of Title 51,
Chapter 7, State Money Management Act;
(n) if a custodian is appointed under Subsection (3)(d), [
and subject to Subsection (4),
]
pay the fees for the custodian's services from the interest earnings of the investment fund for
which the custodian is appointed;
(o) (i) cause an annual audit of all public transit district books and accounts to be made
by an independent certified public accountant;
(ii) as soon as practicable after the close of each fiscal year, submit to each of the
councils of governments within the public transit district a financial report showing:
(A) the result of district operations during the preceding fiscal year;
(B) an accounting of the expenditures of all local sales and use tax revenues generated
under Title 59, Chapter 12, Part 22, Local Option Sales and Use Taxes for Transportation Act;
(C) the district's financial status on the final day of the fiscal year; and
(D) the district's progress and efforts to improve efficiency relative to the previous
fiscal year; and
(iii) supply copies of the report under Subsection (2)(o)(ii) to the general public upon
request;
(p) report at least annually to the Transportation Commission created in Section
72-1-301
, which report shall include:
(i) the district's short-term and long-range public transit plans, including the portions of
applicable regional transportation plans adopted by a metropolitan planning organization
established under 23 U.S.C. Sec. 134; and
(ii) any transit capital development projects that the board of trustees would like the
Transportation Commission to consider;
(q) direct the internal auditor appointed under Section 
17B-2a-810
 to conduct audits
that the board of trustees determines, in consultation with the local advisory council created in
Section 
17B-2a-808.2
, to be the most critical to the success of the organization;
(r) together with the local advisory council created in Section 
17B-2a-808.2
, hear audit
reports for audits conducted in accordance with Subsection (2)(o);
(s) review and approve all contracts pertaining to reduced fares, and evaluate existing
contracts, including review of:
(i) how negotiations occurred;
(ii) the rationale for providing a reduced fare; and
(iii) identification and evaluation of cost shifts to offset operational costs incurred and
impacted by each contract offering a reduced fare;
(t) in consultation with the local advisory council, develop and approve other board
policies, ordinances, and bylaws; and
(u) review and approve any:
(i) contract or expense exceeding $200,000; or
(ii) proposed change order to an existing contract if the change order:
(A) increases the total contract value to $200,000 or more;
(B) increases a contract of or expense of $200,000 or more by 15% or more; or
(C) has a total change order value of $200,000 or more.
(3) A board of trustees of a large public transit district may:
(a) subject to Subsection [
(5)
] 
(4)
, make and pass ordinances, resolutions, and orders
that are:
(i) not repugnant to the United States Constitution, the Utah Constitution, or the
provisions of this part; and
(ii) necessary for:
(A) the governance and management of the affairs of the district;
(B) the execution of district powers; and
(C) carrying into effect the provisions of this part;
(b) provide by resolution, under terms and conditions the board considers fit, for the
payment of demands against the district without prior specific approval by the board, if the
payment is:
(i) for a purpose for which the expenditure has been previously approved by the board;
(ii) in an amount no greater than the amount authorized; and
(iii) approved by the executive director or other officer or deputy as the board
prescribes;
(c) in consultation with the local advisory council created in Section 
17B-2a-808.2
:
(i) hold public hearings and subpoena witnesses; and
(ii) appoint district officers to conduct a hearing and require the officers to make
findings and conclusions and report them to the board; and
(d) appoint a custodian for the funds and securities under its control, subject to
Subsection (2)(n).
[
(4) For a large public transit district in existence as of May 8, 2018, on or before
September 30, 2019, the board of trustees of a large public transit district shall present a report
to the Transportation Interim Committee regarding retirement benefits of the district,
including:
]
[
(a) the feasibility of becoming a participating employer and having retirement benefits
of eligible employees and officials covered in applicable systems and plans administered under
Title 49, Utah State Retirement and Insurance Benefit Act;
]
[
(b) any legal or contractual restrictions on any employees that are party to a
collectively bargained retirement plan; and
]
[
(c) a comparison of retirement plans offered by the large public transit district and
similarly situated public employees, including the costs of each plan and the value of the
benefit offered.
]
[
(5)
] 
(4)
 The board of trustees may not issue a bond unless the board of trustees has
consulted and received approval from the State Finance Review Commission created in Section
63C-25-201
.
[
(6)
] 
(5)
 A member of the board of trustees of a large public transit district or a hearing
officer designated by the board may administer oaths and affirmations in a district investigation
or proceeding.
[
(7)
] 
(6)
 (a) The vote of the board of trustees on each ordinance or resolution shall be
by roll call vote with each affirmative and negative vote recorded.
(b) The board of trustees of a large public transit district may not adopt an ordinance
unless it is introduced at least 24 hours before the board of trustees adopts it.
(c) Each ordinance adopted by a large public transit district's board of trustees shall
take effect upon adoption, unless the ordinance provides otherwise.
[
(8) (a) For a large public transit district in existence on May 8, 2018, for the budget
for calendar year 2019, the board in place on May 8, 2018, shall create the tentative annual
budget.
]
[
(b) The budget described in Subsection (8)(a) shall include setting the salary of each
of the members of the board of trustees that will assume control on or before November 1,
2018, which salary may not exceed $150,000, plus additional retirement and other standard
benefits, as set by the local advisory council as described in Section 
17B-2a-808.2
.
]
[
(c) For a large public transit district in existence on May 8, 2018, the board of trustees
that assumes control of the large public transit district on or before November 2, 2018, shall
approve the calendar year 2019 budget on or before December 31, 2018.
]
Section 4. Section 
17B-2a-808.2
 is amended to read:
17B-2a-808.2.
Large public transit district local advisory council -- Powers and
duties.
(1) A large public transit district shall create and consult with a local advisory council.
(2) (a) (i) For a large public transit district in existence as of January 1, 2019, the local
advisory council shall have membership selected as described in Subsection (2)(b).
(ii) (A) For a large public transit district created after January 1, 2019, the political
subdivision or subdivisions forming the large public transit district shall submit to the
Legislature for approval a proposal for the appointments to the local advisory council of the
large public transit district similar to the appointment process described in Subsection (2)(b).
(B) Upon approval of the Legislature, each nominating individual or body shall appoint
individuals to the local advisory council.
(b) (i) The council of governments of Salt Lake County shall appoint three members to
the local advisory council.
(ii) The mayor of Salt Lake City shall appoint one member to the local advisory
council.
(iii) The council of governments of Utah County shall appoint two members to the
local advisory council.
(iv) The council of governments of Davis County and Weber County shall each appoint
one member to the local advisory council.
(v) The councils of governments of Box Elder County and Tooele County shall jointly
appoint one member to the local advisory council.
(3) The local advisory council shall meet at least quarterly in a meeting open to the
public for comment to discuss the service, operations, and any concerns with the public transit
district operations and functionality.
(4) (a) The duties of the local advisory council shall include:
(i) setting the compensation packages of the board of trustees, which salary, except as
provided in Subsection (4)(b), may not exceed $150,000 for a newly appointed board member,
plus additional retirement and other standard benefits;
(ii) reviewing, approving, and recommending final adoption by the board of trustees of
the large public transit district service plans at least every two and one-half years;
(iii) except for a fixed guideway capital development project under the authority of the
Department of Transportation as described in Section [
72-1-202
] 
72-1-203
, reviewing,
approving, and recommending final adoption by the board of trustees of project development
plans, including funding, of all new capital development projects;
(iv) reviewing, approving, and recommending final adoption by the board of trustees of
any plan for a transit-oriented development where a large public transit district is involved;
(v) at least annually, engaging with the safety and security team of the large public
transit district to ensure coordination with local municipalities and counties;
(vi) assisting with coordinated mobility and constituent services provided by the public
transit district;
(vii) representing and advocating the concerns of citizens within the public transit
district to the board of trustees; and
(viii) other duties described in Section 
17B-2a-808.1
.
(b) The local advisory council may approve an increase in the compensation for
members of the board of trustees based on a cost-of-living adjustment at the same rate as
government employees of the state for the same year.
(5) The local advisory council shall meet at least quarterly with and consult with the
board of trustees and advise regarding the operation and management of the public transit
district.
Section 5. Section 
17B-2a-810.1
 is amended to read:
17B-2a-810.1.
Attorney general as legal counsel for a large public transit district
-- Large public transit district may sue and be sued.
(1) [
Subject to Subsection (2), in
] 
In
 accordance with Title 67, Chapter 5, Attorney
General, the Utah attorney general shall serve as legal counsel for a large public transit district.
[
(2) (a) For any large public transit district in existence as of May 8, 2018, the
transition to legal representation by the Utah attorney general shall occur as described in this
Subsection (2), but no later than July 1, 2019.
]
[
(b) (i) For any large public transit district in existence as of May 8, 2018, in
partnership with the Utah attorney general, the board of trustees of the large public transit
district shall study and develop a strategy to transition legal representation from a general
counsel to the Utah attorney general.
]
[
(ii) In partnership with the Utah attorney general, the board of trustees of the large
public transit district shall present a report to the Transportation Interim Committee before
November 30, 2018, to:
]
[
(A) outline the transition strategy; and
]
[
(B) request any legislation that might be required for the transition.
]
[
(3)
] 
(2)
 Sections 
67-5-6
 through [
13, Attorney General Career Service Act,
] 
67-5-13
apply to representation of a large public transit district by the Utah attorney general.
[
(4)
] 
(3)
 A large public transit district may sue, and it may be sued only on written
contracts made by it or under its authority.
[
(5)
] 
(4)
 In all matters requiring legal advice in the performance of the attorney
general's duties and in the prosecution or defense of any action growing out of the performance
of the attorney general's duties, the attorney general is the legal adviser of a large public transit
district and shall perform any and all legal services required by the large public transit district.
[
(6)
] 
(5)
 The attorney general shall aid in any investigation, hearing, or trial under the
provisions of this part and institute and prosecute actions or proceedings for the enforcement of
the provisions of the Constitution and statutes of this state or any rule or ordinance of the large
public transit district affecting and related to public transit, persons, and property.
Section 6. Section 
41-1a-1201
 is amended to read:
41-1a-1201.
Disposition of fees.
(1) All fees received and collected under this part shall be transmitted daily to the state
treasurer.
(2) Except as provided in Subsections (3), (5), (6), (7), (8), and (9) and Sections
41-1a-1205
, 
41-1a-1220
, 
41-1a-1221
, 
41-1a-1222
, 
41-1a-1223
, and 
41-1a-1603
, all fees
collected under this part shall be deposited into the Transportation Fund.
(3) Funds generated under Subsections 
41-1a-1211
(1)(b)(ii), (6)(b)(ii), (7), and (9), and
Section 
41-1a-1212
 shall be deposited into the License Plate Restricted Account created in
Section 
41-1a-122
.
(4) (a) Except as provided in Subsections (3) and (4)(b) and Section 
41-1a-1205
, the
expenses of the commission in enforcing and administering this part shall be provided for by
legislative appropriation from the revenues of the Transportation Fund.
(b) Three dollars of the registration fees imposed under Subsections 
41-1a-1206
(2)(a)
and (b) for each vehicle registered for a six-month registration period under Section
41-1a-215.5
 may be used by the commission to cover the costs incurred in enforcing and
administering this part.
(c) Fifty cents of the registration fee imposed under Subsection 
41-1a-1206
(1)(i) for
each vintage vehicle that has a model year of [
] 
 or newer may be used by the
commission to cover the costs incurred in enforcing and administering this part.
(5) (a) The following portions of the registration fees imposed under Section
41-1a-1206
 for each vehicle shall be deposited into the Transportation Investment Fund of
2005 created in Section 
72-2-124
:
(i) $30 of the registration fees imposed under Subsections 
41-1a-1206
(1)(a), (1)(b),
(1)(f), (4), and (7);
(ii) $21 of the registration fees imposed under Subsections 
41-1a-1206
(1)(c)(i) and
(1)(c)(ii);
(iii) $2.50 of the registration fee imposed under Subsection 
41-1a-1206
(1)(e)(ii);
(iv) $23 of the registration fee imposed under Subsection 
41-1a-1206
(1)(d)(i);
(v) $24.50 of the registration fee imposed under Subsection 
41-1a-1206
(1)(e)(i); and
(vi) $1 of the registration fee imposed under Subsection 
41-1a-1206
(1)(d)(ii).
(b) The following portions of the registration fees collected for each vehicle registered
for a six-month registration period under Section 
41-1a-215.5
 shall be deposited into the
Transportation Investment Fund of 2005 created in Section 
72-2-124
:
(i) $23.25 of each registration fee collected under Subsection 
41-1a-1206
(2)(a)(i); and
(ii) $23 of each registration fee collected under Subsection 
41-1a-1206
(2)(a)(ii).
(6) (a) Ninety-four cents of each registration fee imposed under Subsections
41-1a-1206
(1)(a) and (b) for each vehicle shall be deposited into the Public Safety Restricted
Account created in Section 
53-3-106
.
(b) Seventy-one cents of each registration fee imposed under Subsections
41-1a-1206
(2)(a) and (b) for each vehicle registered for a six-month registration period under
Section 
41-1a-215.5
 shall be deposited into the Public Safety Restricted Account created in
Section 
53-3-106
.
(7) (a) One dollar of each registration fee imposed under Subsections 
41-1a-1206
(1)(a)
and (b) for each vehicle shall be deposited into the Motor Vehicle Safety Impact Restricted
Account created in Section 
53-8-214
.
(b) One dollar of each registration fee imposed under Subsections 
41-1a-1206
(2)(a)
and (b) for each vehicle registered for a six-month registration period under Section
41-1a-215.5
 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
created in Section 
53-8-214
.
(8) Fifty cents of each registration fee imposed under Subsection 
41-1a-1206
(1)(a) for
each motorcycle shall be deposited into the Neuro-Rehabilitation Fund created in Section
26B-1-319
.
(9) (a) Beginning on January 1, 2024, subject to Subsection (9)(b), $2 of each
registration fee imposed under Section 
41-1a-1206
 shall be deposited into the Rural
Transportation Infrastructure Fund created in Section 
72-2-133
.
(b) Beginning on January 1, 2025, and each January 1 thereafter, the amount described
in Subsection (9)(a) shall be annually adjusted by taking the amount deposited the previous
year and adding an amount equal to the greater of:
(i) an amount calculated by multiplying the amount deposited by the previous year by
the actual percentage change during the previous fiscal year in the Consumer Price Index; and
(ii) 0.
(c) The amounts calculated as described in Subsection (9)(b) shall be rounded up to the
nearest 1 cent.
Section 7. Section 
41-6a-201
 is amended to read:
41-6a-201.
Chapter relates to vehicles on highways -- Exceptions.
The provisions of this chapter relating to the operation of vehicles refer exclusively to
the operation of vehicles upon highways, except:
(1) when a different place is specifically identified; [
or
]
(2) under the provisions of Section 
41-6a-210
, Part 4, Accident Responsibilities, and
Part 5, Driving Under the Influence and Reckless Driving, which apply upon highways and
elsewhere throughout the state[
.
]
; or
(3) on private roads within the confines of a campus of a private institution of higher
education that has a certified private law enforcement agency, as authorized by Subsection
53-19-202
(1)(b).
Section 8. Section 
41-22-2
 is amended to read:
41-22-2.
Definitions.
As used in this chapter:
(1) "Advisory council" means an advisory council appointed by the Division of
Outdoor Recreation that has within the advisory council's duties advising on policies related to
the use of off-highway vehicles.
(2) "All-terrain type I vehicle" means any motor vehicle 52 inches or less in width,
having an unladen dry weight of 1,500 pounds or less, traveling on three or more low pressure
tires, having a seat designed to be straddled by the operator, and designed for or capable of
travel over unimproved terrain.
(3) (a) "All-terrain type II vehicle" means any motor vehicle 80 inches or less in width,
traveling on four or more low pressure tires, having a steering wheel, non-straddle seating, a
rollover protection system, and designed for or capable of travel over unimproved terrain, and
is:
(i) an electric-powered vehicle; or
(ii) a vehicle powered by an internal combustion engine and has an unladen dry weight
of 3,500 pounds or less.
(b) "All-terrain type II vehicle" does not include golf carts, any vehicle designed to
carry a person with a disability, any vehicle not specifically designed for recreational use, or
farm tractors as defined under Section 
41-1a-102
.
(4) (a) "All-terrain type III vehicle" means any other motor vehicle, not defined in
Subsection (2), (3), (12), or (22), designed for or capable of travel over unimproved terrain.
(b) "All-terrain type III vehicle" does not include golf carts, any vehicle designed to
carry a person with a disability, any vehicle not specifically designed for recreational use, or
farm tractors as defined under Section 
41-1a-102
.
(5) "Commission" means the Outdoor Adventure Commission.
(6) "Cross-country" means across natural terrain and off an existing highway, road,
route, or trail.
(7) "Dealer" means a person engaged in the business of selling off-highway vehicles at
wholesale or retail.
(8) "Division" means the Division of Outdoor Recreation.
(9) "Low pressure tire" means any pneumatic tire six inches or more in width designed
for use on wheels with rim diameter of 14 inches or less and utilizing an operating pressure of
10 pounds per square inch or less as recommended by the vehicle manufacturer.
(10) "Manufacturer" means a person engaged in the business of manufacturing
off-highway vehicles.
(11) (a) "Motor vehicle" means every vehicle which is self-propelled.
(b) "Motor vehicle" includes an off-highway vehicle.
(12) "Motorcycle" means every motor vehicle having a saddle for the use of the
operator and designed to travel on not more than two tires.
(13) "Off-highway implement of husbandry" means every all-terrain type I vehicle, 
all-terrain type II vehicle, all-terrain type III vehicle, motorcycle, or snowmobile that is used by
the owner or the owner's agent for agricultural operations.
(14) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle,
all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle.
(15) "Operate" means to control the movement of or otherwise use an off-highway
vehicle.
(16) "Operator" means the person who is in actual physical control of an off-highway
vehicle.
(17) "Organized user group" means an off-highway vehicle organization incorporated
as a nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised Nonprofit
Corporation Act, for the purpose of promoting the interests of off-highway vehicle recreation.
(18) "Owner" means a person, other than a person with a security interest, having a
property interest or title to an off-highway vehicle and entitled to the use and possession of that
vehicle.
(19) "Public land" means land owned or administered by any federal or state agency or
any political subdivision of the state.
(20) "Register" means the act of assigning a registration number to an off-highway
vehicle.
(21) "Roadway" is used as defined in Section 
41-6a-102
.
(22) "Snowmobile" means any motor vehicle designed for travel on snow or ice and
steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires
,
and equipped with a saddle for the use of the rider
.
(23) "Street or highway" means the entire width between boundary lines of every way
or place of whatever nature, when any part of it is open to the use of the public for vehicular
travel.
(24) "Street-legal all-terrain vehicle" or "street-legal ATV" has the same meaning as
defined in Section 
41-6a-102
.
Section 9. Section 
59-12-103 (Contingently Superseded 01/01/25)
 is amended to
read:
59-12-103 (Contingently Superseded 01/01/25).
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;
(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; and
(n) sales of leased tangible personal property from the lessor to the lessee made in the
state.
(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 (11)(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)(f) or (g) and subject to Subsection (2)(l), 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)(f) or (g), 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)(f) or (g), 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) (A) If a shared vehicle owner certifies to the commission, on a form prescribed
by the commission, that the shared vehicle is an individual-owned shared vehicle, a tax
imposed under Subsection (2)(a)(i)(A) does not apply to car sharing, a car-sharing program, a
shared vehicle driver, or a shared vehicle owner.
(B) A shared vehicle owner's certification described in Subsection (2)(e)(i)(A) is
required once during the time that the shared vehicle owner owns the shared vehicle.
(C) The commission shall verify that a shared vehicle is an individual-owned shared
vehicle by verifying that the applicable Utah taxes imposed under this chapter were paid on the
purchase of the shared vehicle.
(D) The exception under Subsection (2)(e)(i)(A) applies to a certified
individual-owned shared vehicle shared through a car-sharing program even if non-certified
shared vehicles are also available to be shared through the same car-sharing program.
(ii) A tax imposed under Subsection (2)(a)(i)(B) or (2)(a)(ii) applies to car sharing.
(iii) (A) A car-sharing program may rely in good faith on a shared vehicle owner's
representation that the shared vehicle is an individual-owned shared vehicle certified with the
commission as described in Subsection (2)(e)(i).
(B) If a car-sharing program relies in good faith on a shared vehicle owner's
representation that the shared vehicle is an individual-owned shared vehicle certified with the
commission as described in Subsection (2)(e)(i), the car-sharing program is not liable for any
tax, penalty, fee, or other sanction imposed on the shared vehicle owner.
(iv) If all shared vehicles shared through a car-sharing program are certified as
described in Subsection (2)(e)(i)(A) for a tax period, the car-sharing program has no obligation
to collect and remit the tax under Subsection (2)(a)(i)(A) for that tax period.
(v) [
(A)
] A car-sharing program is not required to list or otherwise identify an
individual-owned shared vehicle on a return or an attachment to a return.
(vi) A car-sharing program shall:
(A) retain tax information for each car-sharing program transaction; and
(B) provide the information described in Subsection (2)(e)(vi)(A) to the commission at
the commission's request.
(f) (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)(f)(iv), for a bundled transaction other than a bundled
transaction described in Subsection (2)(f)(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)(f)(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.
(g) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(g)(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)(g)(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.
(h) (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)(h)(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.
(i) Subject to Subsections (2)(j) and (k), 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)(f)(i)(A)(I).
(j) (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)(f)(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)(f)(i)(A)(I).
(k) (i) For a tax rate described in Subsection (2)(k)(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)(k)(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)(f)(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."
(l) (i) For a location described in Subsection (2)(l)(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)(l)(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)(f)(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)(f)(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),
each fiscal year, the commission shall deposit into the Water Infrastructure Restricted Account
created in Section 
73-10g-103
 the amount of revenue generated by a 1/16% tax rate on the
transactions described in Subsection (1) for the fiscal year.
(7) (a) Notwithstanding Subsection (3)(a) and subject to Subsection (7)(b), for a fiscal
year beginning on or after July 1, 2023, the commission shall deposit into the Transportation
Investment Fund of 2005 created by Section 
72-2-124
 a portion of the taxes listed under
Subsection (3)(a) equal to 17% of the revenue collected from the following sales and use 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)(f)(i)(A)(I).
(b) (i) As used in this Subsection (7)(b):
(A) "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) "Combined amount" means the combined total amount of money deposited into the
Cottonwood Canyons fund under Subsections (7)(b)(iii) and (8)(d)(iii) in any single fiscal year.
(C) "Cottonwood Canyons fund" means the Cottonwood Canyons Transportation
Investment Fund created in Subsection 
72-2-124
(10).
(D) "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) through (iv).
(ii) For a fiscal year beginning on or after July 1, 2020, the commission shall annually
reduce the deposit under Subsection (7)(a) into the Transportation Investment Fund of 2005 by
an amount equal to the amount of the deposit under this Subsection (7)(b) to the Cottonwood
Canyons fund in the previous fiscal year plus 25% of additional growth revenue, subject to the
limit in Subsection (7)(b)(iii).
(iii) The commission shall annually deposit the amount described in Subsection
(7)(b)(ii) into the Cottonwood Canyons fund, subject to an annual maximum combined amount
for any single fiscal year of $20,000,000.
(iv) 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) 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) through (iv);
(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
Subsection (7), and subject to Subsections (8)(b) and (d)(ii), 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)(f)(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):
(A) "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) "Combined amount" means the combined total amount of money deposited into the
Cottonwood Canyons fund under Subsections (7)(b)(iii) and (8)(d)(iii) in any single fiscal year.
(C) "Cottonwood Canyons fund" means the Cottonwood Canyons Transportation
Investment Fund created in Subsection 
72-2-124
(10).
(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).
(ii) 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)(iii).
(iii) The commission shall annually deposit the amount described in Subsection
(8)(d)(ii) into the Cottonwood Canyons fund, subject to an annual maximum combined amount
for any single fiscal year of $20,000,000.
(iv) 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) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the
fiscal year during which the commission receives notice under Section 
63N-2-510
 that
construction on a qualified hotel, as defined in Section 
63N-2-502
, has begun, the commission
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
.
(11) (a) The rate specified in this subsection is 0.15%.
(b) Notwithstanding Subsection (3)(a), the commission 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 (11)(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 
26B-1-315
.
(12) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
2020-21, the commission 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.
[
(13) (a) For each fiscal year beginning with fiscal year 2020-21, the commission shall
annually transfer $1,813,400 of the revenue deposited into the Transportation Investment Fund
of 2005 under Subsections (7) and (8) to the General Fund.
]
[
(b) If the total revenue deposited into the Transportation Investment Fund of 2005
under Subsections (7) and (8) is less than $1,813,400 for a fiscal year, the commission shall
transfer the total revenue deposited into the Transportation Investment Fund of 2005 under
Subsections (7) and (8) during the fiscal year to the General Fund.
]
[
(14)
] 
(13)
 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
.
[
(15)
] 
(14)
 Notwithstanding Subsection (3)(a), the commission 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)(f)(i)(A)(I).
Section 10. Section 
59-12-103 (Contingently Effective 01/01/25)
 is amended to read:
59-12-103 (Contingently Effective 01/01/25).
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;
(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; and
(n) sales of leased tangible personal property from the lessor to the lessee made in the
state.
(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 (11)(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)(f) or (g) and subject to Subsection (2)(l), 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) (i) Except as provided in Subsection (2)(f) or (g), a local tax is imposed on amounts
paid or charged for food and food ingredients equal to the sum of the tax rates a county, city, or
town imposes under this chapter on the amounts paid or charged for food or food ingredients.
(ii) There is no state tax imposed on amounts paid or charged for food and food
ingredients.
(d) Except as provided in Subsection (2)(f) or (g), 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) (A) If a shared vehicle owner certifies to the commission, on a form prescribed
by the commission, that the shared vehicle is an individual-owned shared vehicle, a tax
imposed under Subsection (2)(a)(i)(A) does not apply to car sharing, a car-sharing program, a
shared vehicle driver, or a shared vehicle owner.
(B) A shared vehicle owner's certification described in Subsection (2)(e)(i)(A) is
required once during the time that the shared vehicle owner owns the shared vehicle.
(C) The commission shall verify that a shared vehicle is an individual-owned shared
vehicle by verifying that the applicable Utah taxes imposed under this chapter were paid on the
purchase of the shared vehicle.
(D) The exception under Subsection (2)(e)(i)(A) applies to a certified
individual-owned shared vehicle shared through a car-sharing program even if non-certified
shared vehicles are also available to be shared through the same car-sharing program.
(ii) A tax imposed under Subsection (2)(a)(i)(B) or (2)(a)(ii) applies to car sharing.
(iii) (A) A car-sharing program may rely in good faith on a shared vehicle owner's
representation that the shared vehicle is an individual-owned shared vehicle certified with the
commission as described in Subsection (2)(e)(i).
(B) If a car-sharing program relies in good faith on a shared vehicle owner's
representation that the shared vehicle is an individual-owned shared vehicle certified with the
commission as described in Subsection (2)(e)(i), the car-sharing program is not liable for any
tax, penalty, fee, or other sanction imposed on the shared vehicle owner.
(iv) If all shared vehicles shared through a car-sharing program are certified as
described in Subsection (2)(e)(i)(A) for a tax period, the car-sharing program has no obligation
to collect and remit the tax under Subsection (2)(a)(i)(A) for that tax period.
(v) [
(A)
] A car-sharing program is not required to list or otherwise identify an
individual-owned shared vehicle on a return or an attachment to a return.
(vi) A car-sharing program shall:
(A) retain tax information for each car-sharing program transaction; and
(B) provide the information described in Subsection (2)(e)(vi)(A) to the commission at
the commission's request.
(f) (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)(f)(iv), for a bundled transaction other than a bundled
transaction described in Subsection (2)(f)(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)(f)(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.
(g) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(g)(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)(g)(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.
(h) (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)(h)(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.
(i) Subject to Subsections (2)(j) and (k), 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); or
(iii) Subsection (2)(f)(i)(A)(I).
(j) (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); or
(C) Subsection (2)(f)(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); or
(C) Subsection (2)(f)(i)(A)(I).
(k) (i) For a tax rate described in Subsection (2)(k)(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)(k)(i) applies to the tax rates described in the following:
(A) Subsection (2)(a)(i)(A);
(B) Subsection (2)(b)(i); or
(C) Subsection (2)(f)(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."
(l) (i) For a location described in Subsection (2)(l)(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)(l)(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); and
(iii) the tax imposed by Subsection (2)(f)(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); and
(iv) the tax imposed by Subsection (2)(f)(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),
each fiscal year, the commission shall deposit into the Water Infrastructure Restricted Account
created in Section 
73-10g-103
 the amount of revenue generated by a 1/16% tax rate on the
transactions described in Subsection (1) for the fiscal year.
(7) (a) Notwithstanding Subsection (3)(a) and subject to Subsection (7)(b), for a fiscal
year beginning on or after July 1, 2023, the commission shall deposit into the Transportation
Investment Fund of 2005 created by Section 
72-2-124
 a portion of the taxes listed under
Subsection (3)(a) equal to 17% of the revenue collected from the following sales and use 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); and
(iii) the tax imposed by Subsection (2)(f)(i)(A)(I).
(b) (i) As used in this Subsection (7)(b):
(A) "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) "Combined amount" means the combined total amount of money deposited into the
Cottonwood Canyons fund under Subsections (7)(b)(iii) and (8)(d)(iii) in any single fiscal year.
(C) "Cottonwood Canyons fund" means the Cottonwood Canyons Transportation
Investment Fund created in Subsection 
72-2-124
(10).
(D) "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) through (iii).
(ii) For a fiscal year beginning on or after July 1, 2020, the commission shall annually
reduce the deposit under Subsection (7)(a) into the Transportation Investment Fund of 2005 by
an amount equal to the amount of the deposit under this Subsection (7)(b) to the Cottonwood
Canyons fund in the previous fiscal year plus 25% of additional growth revenue, subject to the
limit in Subsection (7)(b)(iii).
(iii) The commission shall annually deposit the amount described in Subsection
(7)(b)(ii) into the Cottonwood Canyons fund, subject to an annual maximum combined amount
for any single fiscal year of $20,000,000.
(iv) 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) 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) through (iv);
(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
Subsection (7), and subject to Subsections (8)(b) and (d)(ii), 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); and
(iii) the tax imposed by Subsection (2)(f)(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):
(A) "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) "Combined amount" means the combined total amount of money deposited into the
Cottonwood Canyons fund under Subsections (7)(b)(iii) and (8)(d)(iii) in any single fiscal year.
(C) "Cottonwood Canyons fund" means the Cottonwood Canyons Transportation
Investment Fund created in Subsection 
72-2-124
(10).
(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
(iii).
(ii) 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)(iii).
(iii) The commission shall annually deposit the amount described in Subsection
(8)(d)(ii) into the Cottonwood Canyons fund, subject to an annual maximum combined amount
for any single fiscal year of $20,000,000.
(iv) 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) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the
fiscal year during which the commission receives notice under Section 
63N-2-510
 that
construction on a qualified hotel, as defined in Section 
63N-2-502
, has begun, the commission
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
.
(11) (a) The rate specified in this subsection is 0.15%.
(b) Notwithstanding Subsection (3)(a), the commission 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 (11)(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 
26B-1-315
.
(12) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
2020-21, the commission 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.
[
(13) (a) For each fiscal year beginning with fiscal year 2020-21, the commission shall
annually transfer $1,813,400 of the revenue deposited into the Transportation Investment Fund
of 2005 under Subsections (7) and (8) to the General Fund.
]
[
(b) If the total revenue deposited into the Transportation Investment Fund of 2005
under Subsections (7) and (8) is less than $1,813,400 for a fiscal year, the commission shall
transfer the total revenue deposited into the Transportation Investment Fund of 2005 under
Subsections (7) and (8) during the fiscal year to the General Fund.
]
[
(14)
] 
(13)
 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
.
[
(15)
] 
(14)
 Notwithstanding Subsection (3)(a), the commission 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); and
(c) the tax imposed by Subsection (2)(f)(i)(A)(I).
Section 11. Section 
59-13-103
 is amended to read:
59-13-103.
List of clean fuels provided to tax commission.
[
(1)
] The Air Quality Board shall annually provide to the tax commission a list of fuels
that are clean fuels under Section 
59-13-102
.
[
(2) The Air Quality Board appointed under Section 
19-2-103
 shall in conjunction with
the State Tax Commission prepare and submit to the Legislature before January 1, 1995, a
report evaluating the impacts, benefits, and economic consequences of the clean fuel provisions
of Sections 
59-13-201
 and 
59-13-301
.
]
Section 12. Section 
72-1-201
 is amended to read:
72-1-201.
Creation of Department of Transportation -- Functions, powers, duties,
rights, and responsibilities.
(1) There is created the Department of Transportation which shall:
(a) have the general responsibility for planning, research, design, construction,
maintenance, security, and safety of state transportation systems;
(b) provide administration for state transportation systems and programs;
(c) implement the transportation policies of the state;
(d) plan, develop, construct, and maintain state transportation systems that are safe,
reliable, environmentally sensitive, and serve the needs of the traveling public, commerce, and
industry;
(e) establish standards and procedures regarding the technical details of administration
of the state transportation systems as established by statute and administrative rule;
(f) advise the governor and the Legislature about state transportation systems needs;
(g) coordinate with utility companies for the reasonable, efficient, and cost-effective
installation, maintenance, operation, relocation, and upgrade of utilities within state highway
rights-of-way;
(h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules for the administration of the department, state transportation systems, and
programs;
(i) jointly with the commission annually report to the Transportation Interim
Committee, by November 30 of each year, as to the operation, maintenance, condition,
mobility, safety needs, and wildlife and livestock mitigation for state transportation systems;
(j) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department;
(k) study and make recommendations to the Legislature on potential managed lane use
and implementation on selected transportation systems within the state; [
and
]
(l) before July 1 of each year, coordinate with the Utah Highway Patrol Division
created in Section 
53-8-103
 regarding:
(i) future highway projects that will add additional capacity to the state transportation
system;
(ii) potential changes in law enforcement responsibilities due to future highway
projects; and
(iii) incident management services on state highways[
.
]
; and
(m) provide public transit services, in consultation with any relevant public transit
provider.
(2) (a) The department shall exercise reasonable care in designing, constructing, and
maintaining a state highway in a reasonably safe condition for travel.
(b) Nothing in this section shall be construed as:
(i) creating a private right of action; or
(ii) expanding or changing the department's common law duty as described in
Subsection (2)(a) for liability purposes.
Section 13. 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 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) 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 the
implementation and enforcement of any federal grant obligations associated with fixed
guideway capital development project funding
; 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 14. Section 
72-1-216
 is amended to read:
72-1-216.
Statewide electric vehicle charging network plan -- Report.
(1) (a) The department, in consultation with relevant entities in the private sector, shall
develop a statewide electric vehicle charging network plan.
(b) To develop the statewide electric vehicle charging network plan, the department
shall consult with political subdivisions and other relevant state agencies, divisions, and
entities, including:
(i) the Department of Environmental Quality created in Section 
19-1-104
;
(ii) the Division of Facilities Construction and Management created in Section
63A-5b-301
;
(iii) the Office of Energy Development created in Section 
79-6-401
; and
(iv) the Department of Natural Resources created in Section 
79-2-201
.
(2) The statewide electric vehicle charging network plan shall provide implementation
strategies to ensure that electric vehicle charging stations are available:
(a) at strategic locations as determined by the department [
by June 30, 2021
];
(b) at incremental distances no greater than every 50 miles along the state's interstate
highway system by December 31, 2025; and
(c) along other major highways within the state as the department finds appropriate.
[
(3) The department shall provide a report before November 30, 2020, to the
Transportation Interim Committee to outline the statewide electric vehicle charging network
plan.
]
Section 15. 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 described in
Section 
72-2-124
;
(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 
public transit
 district may nominate a project for
prioritization in accordance with the process established by the commission in rule.
(ii) If a local government or 
public transit
 district nominates a project for prioritization
by the commission, the local government or 
public transit
 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 
public transit
 district has an
ongoing funding source for operations and maintenance of the proposed development; and
(C) the local government or 
public transit
 district will provide the percentage 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 
public transit
 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 percentage of costs 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 give priority consideration to transportation projects that
are within the boundaries of the municipality or the unincorporated areas of the county until the
department receives notification from the Housing and Community Development Division
within the Department of Workforce Services that the municipality or county no longer
qualifies for prioritization under this Subsection (3)(c).
(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 16. 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 until the department receives notification from the Housing and
Community Development Division within the Department of Workforce Services that
ineligibility under this Subsection (5) no longer applies to the municipality.
(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 until the department receives notification from the
Housing and Community Development Division within the Department of Workforce Services
that ineligibility under this Subsection (6) no longer applies to the county.
(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) transfers of local option sales and use tax revenue as described in Subsection
59-12-2220
(11)(b) or (c);
(v) private contributions; and
(vi) 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 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) to the department for oversight of a fixed guideway capital development project for
which the department has responsibility[
.
]
; or
(iii) up to $500,000 per year, to be used for a public transit study.
(e) (i) Subject to Subsections [
(9)(g) and (h)
] 
(9)(g), (h), and (i)
, the commission may
only 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 30% 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 30% 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.
(g) For any revenue transferred into the fund pursuant to Subsection
59-12-2220
(11)(b):
(i) the commission may prioritize money from the fund for public transit projects,
operations, or maintenance within the county of the first class; and
(ii) Subsection (9)(e) does not apply.
(h) For any revenue transferred into the fund pursuant to Subsection
59-12-2220
(11)(c):
(i) the commission may prioritize public transit projects, operations, or maintenance in
the county from which the revenue was generated; and
(ii) Subsection (9)(e) does not apply.
(i) The requirement to provide funds equal to or greater than 30% of the costs needed
for a project described in Subsection (9)(e) does not apply to a public transit capital
development project or pedestrian or nonmotorized transportation project proposed by the
department.
(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 17. Section 
72-3-202
 is amended to read:
72-3-202.
State park access highways -- Anasazi State Park Museum to Edge of
the Cedars State Park Museum.
State park access highways include:
(1) ANASAZI STATE PARK MUSEUM. Access to the Anasazi State Park Museum
is at the park entrance located in Garfield County at milepoint [
87.8
] 
87.3
 on State Highway
12. No access road is defined.
(2) BEAR LAKE STATE PARK (Marina). Access to the Bear Lake Marina is at the
pay gate located in Rich County at milepoint [
413.2
] 
498.8
 on State Highway 89. No access
road is defined.
(3) BEAR LAKE STATE PARK (East Shore). Access to the Bear Lake East Shore
begins in Rich County at State Highway 30 and proceeds northerly on a county road (L326) a
distance of 9.2 miles, to the camping area of the park and is under the jurisdiction of Rich
County.
(4) BEAR LAKE STATE PARK (Rendezvous Beach). Access to the Bear Lake
Rendezvous Beach is at the park entrance in Rich County at milepoint [
124.5
] 
 on State
Highway 30. No access road is defined.
(5) CAMP FLOYD/STAGECOACH INN STATE PARK MUSEUM. Access to the
Camp Floyd/Stagecoach Inn State Park Museum is at the parking area in Utah County at
milepoint 20.6 on State Highway 73. No access road is defined.
(6) CORAL PINK SAND DUNES STATE PARK.
(a)
 Access to the Coral Pink Sand Dunes State Park begins in Kane County at State
Highway 89 and proceeds southwesterly on [
a
] county road 
 a distance of 12.0 miles to the
visitor center of the park and is under the jurisdiction of Kane County.
(b) The second access to the Coral Pink Sand Dunes State Park begins on the state
border between Arizona and Utah and proceeds northerly on county road 43 and travels
through the state park and is under the jurisdiction of Kane County.
(7) DANGER CAVE. Access to Danger cave is in Tooele County. No access road is
defined.
(8) DEAD HORSE POINT STATE PARK. Access to Dead Horse Point State Park
begins in Grand County at State Highway 191 and proceeds southwesterly on State Highway
313 a distance of 20.8 miles [
to the camping area at the park and is under the jurisdiction of
UDOT.
]
, crosses into San Juan County between mile marker 2 and 3, continues to mile marker
0, and is under the jurisdiction of the department.
(9) DEER CREEK STATE PARK. Access to Deer Creek State Park begins in
Wasatch County at State Highway 189 and proceeds southwesterly on State Highway 314 a
distance of [
0.2
] 
0.8
 miles to the boat ramp at the park and is under the jurisdiction of [
UDOT
]
the department
.
(10) EAST CANYON STATE PARK. Access to East Canyon State Park begins in
Morgan County at State Highway 66 and proceeds southeasterly on State Highway 306 a
distance of 0.1 miles to the parking area at the park and is under the jurisdiction of [
UDOT
] 
the
department
.
(11) ECHO STATE PARK. Access to Echo State Park begins in Coalville, Summit
County at Main Street and proceeds northeasterly on Echo Dam Road a distance of 0.12 miles
to the boat ramp at the park.
[
(11)
] 
(12)
 EDGE OF THE CEDARS STATE PARK MUSEUM. Access to Edge of
the Cedars State Park Museum begins in Blanding at U.S. Highway 191 and proceeds west on
Center Street to 600 West then north on 600 West to the parking area and museum at 660 West
400 North. The access road is under 
the
 jurisdiction of Blanding.
Section 18. Section 
72-3-203
 is amended to read:
72-3-203.
State park access highways -- Escalante Petrified Forest State Park to
Huntington State Park.
State park access highways include:
(1) ESCALANTE PETRIFIED FOREST STATE PARK. Access to Escalante
Petrified Forest State Park begins in Garfield County at State Highway 12 and proceeds
northwesterly on a county road a distance of 1 mile to the park's visitor center and is under the
jurisdiction of Garfield County.
(2) FLIGHT PARK STATE RECREATION AREA. Access to Flight Park State
Recreation Area begins in Utah County at East Frontage Road and proceeds northeasterly on
Air Park Road, a distance of 0.5 miles to the park entrance and is under the jurisdiction of Utah
County.
(3) FREMONT INDIAN STATE PARK MUSEUM. Access to the Fremont Indian
State Park Museum begins in Sevier County at the Sevier Junction on Highway 89 and
proceeds westerly on county road 2524 to interchange 17 on Interstate 70, a distance of 5.9
miles and is under the jurisdiction of Sevier County.
[
(4) GOBLIN VALLEY STATE PARK (East Access). The East Access to the Goblin
Valley State Park begins in Emery County at the junction of State Highway 24 and county road
and proceeds westerly on county road 1012, a distance of 5.2 miles; then southerly on
county road 1013, a distance of 6.0 miles; then southerly on county road 1014, a distance of 0.4
miles to the park entrance. The East Access is under the jurisdiction of Emery County.
]
[
(5)
] 
(4)
 GOBLIN VALLEY STATE PARK (North Access). The North Access to the
Goblin Valley State Park begins in Emery County at the junction of [
Interstate 70 and county
road 332
] 
county road 1013 and county road 1014
 and proceeds southwesterly on county road
332, a distance of 10 miles; then southerly on county road 1033, a distance of 3.1 miles; then
southeasterly on county road 1012, a distance of [
10.6 miles; then southerly on county road
1013, a distance of 6.0 miles; then southerly on county road 1014, a distance of 0.4 miles to the
park entrance.
] 
7.0 miles to the park fee station.
 The North Access is under the jurisdiction of
Emery County.
[
(6)
] 
(5)
 GOOSENECKS STATE PARK. Access to Goosenecks State Park begins in
San Juan County at State Highway 261 and proceeds southwesterly on State Highway 316 a
distance of 3.6 miles to the parking area and overlook at the park and is under the jurisdiction
of UDOT.
[
(7)
] 
(6)
 ANTELOPE ISLAND STATE PARK. Access to Antelope Island State Park
begins in Davis County at State Highway 127 and proceeds southwesterly on a county road a
distance of 7.2 miles to the parking area and marina at the park and is under the jurisdiction of
Davis County.
[
(8)
] 
(7)
 GREAT SALT LAKE STATE PARK MARINA. Access to the Great Salt
Lake State Park Marina begins in Salt Lake County at Interstate Highway 80 and proceeds
southwesterly on a county road a distance of 1.5 miles to the parking area and marina at the
park and is under the jurisdiction of Salt Lake County.
[
(9)
] 
(8)
 GREEN RIVER STATE PARK. Access to Green River State Park begins in
Emery County at the junction of Route 19 and Green River Boulevard and proceeds southerly
on Green River Boulevard, a distance of 0.5 miles to the park entrance and is under the
jurisdiction of Green River.
[
(10)
] 
(9)
 GUNLOCK STATE PARK. Access to [
the
] Gunlock State Park begins in
Washington County at the junction of county road (L009) [
and a county road
] 
(Old Highway
91) and Gunlock Road
 and proceeds northwesterly on [
a county road
] 
Gunlock Road
 a distance
of [
0.1
] 
5.9
 miles to the parking area at the park and is under the jurisdiction of Washington
County.
[
(11)
] 
(10)
 HUNTINGTON STATE PARK. Access to [
the
] Huntington State Park
begins in Emery County at State Highway 10 and proceeds northwesterly on a county road a
distance of 0.3 miles to the park entrance and is under the jurisdiction of Emery County.
Section 19. Section 
72-3-204
 is amended to read:
72-3-204.
State park access highways -- Hyrum State Park to Painted Rocks.
State park access highways include:
(1) HYRUM STATE PARK. Access to Hyrum State Park is at the pay gate in Cache
County at 405 West 300 South in Hyrum and proceeds northerly on 400 West to State Highway
101. No access road is defined.
(2) FRONTIER HOMESTEAD STATE PARK MUSEUM. Access to Frontier
Homestead State Park Museum is at the parking area and museum in Iron County at milepoint
[
3.3
] 
3.1
 on State Highway 130 at 585 North Main St. in Cedar City. No access road is
defined.
(3) FRONTIER HOMESTEAD STATE PARK (OLD IRON TOWN HISTORIC
SITE). Access to Old Iron Town begins at the junction of a county road and State Highway 56,
19.0 miles west of Cedar City, and proceeds southwesterly 2.7 miles to the parking lot for Old
Iron Town and is under the jurisdiction of Iron County.
(4) JORDAN RIVER OFF-HIGHWAY VEHICLE STATE PARK. Access to Jordan
River Off-highway Vehicle State Park begins in Salt Lake County at 2100 North and proceeds
northerly on Rose Park Lane, a distance of 1.25 miles to the park entrance and is under the
jurisdiction of Salt Lake County.
(5) JORDANELLE STATE PARK (HAILSTONE MARINA). Access to the
Jordanelle State Park Hailstone Marina begins in Wasatch County at State Highway 40 and
proceeds southeasterly on State Highway 319 a distance of [
1.4
] 
1.2
 miles to the marina
parking area at the park and is under the jurisdiction of UDOT.
(6) JORDANELLE STATE PARK (ROCK CLIFF NATURE CENTER). Access to
the Jordanelle State Park Rock Cliff Nature Center begins in Wasatch County at State Highway
32 and proceeds northwesterly on a county road a distance of 0.6 miles to the parking area at
the park and is under the jurisdiction of the county.
(7) JORDANELLE STATE PARK (ROSS CREEK). Access to Jordanelle State Park
Ross Creek begins in Wasatch County at State Highway 189 and proceeds southerly on a
county road a distance of 0.1 miles to the parking area at the park and is under the jurisdiction
of the county.
(8) KODACHROME BASIN STATE PARK. Access to the Kodachrome Basin State
Park begins in Kane County at State Highway 12 and proceeds southeasterly on a county road
10.1 miles to the parking area at Kodachrome Lodge and is under the jurisdiction of Kane
County.
(9) MILLSITE STATE PARK. Access to the Millsite State Park begins in Emery
County at State Highway 10 and proceeds northwesterly on a county road (L122) a distance of
4.6 miles to the parking area at the park and is under the jurisdiction of Emery County.
(10) OTTER CREEK STATE PARK. Access to the Otter Creek State Park is at the
pay gate/contact station in Piute County at milepoint 6.4 on State Highway 22. No access road
is defined.
(11) PAINTED ROCKS (YUBA EAST SHORE). Access to the Painted Rocks Yuba
East Shore begins in Sanpete County at State Highway 28 and proceeds westerly on a county
road a distance of 2.0 miles to the parking/boat launch area at the park and is under the
jurisdiction of Sanpete County.
Section 20. Section 
72-3-205
 is amended to read:
72-3-205.
State park access highways -- Palisade State Park to Starvation State
Park.
State park access highways include:
(1) PALISADE STATE PARK. Access to the Palisade State Park begins in Sanpete
County at State Highway 89 and proceeds northeasterly on a county road a distance of 2.2
miles to the golf club/contact station at the park and is under the jurisdiction of Sanpete
County.
(2) PIUTE STATE PARK. Access to the Piute State Park begins in Piute County at
State Highway 89 and proceeds southeasterly on a county road a distance of 1.0 miles to the
parking area at the park and is under the jurisdiction of Piute County.
(3) QUAIL CREEK STATE PARK (North Access). The North Access to the Quail
Creek State Park begins in Hurricane City at Old Highway 91 and proceeds southerly on 5300
West, a distance of 1.0 miles to the pay gate/contact station at the park. The North Access is
under the jurisdiction of Hurricane City.
(4) QUAIL CREEK STATE PARK (South Access). The South Access to the Quail
Creek State Park begins in Washington County at State Highway 9 and proceeds northerly on
State Highway 318, a distance of 2.2 miles to the pay gate/contact station at the park. The
South Access is under the jurisdiction of UDOT.
(5) RED FLEET STATE PARK. Access to the Red Fleet State Park begins in Uintah
County at State Highway 191 and proceeds easterly on a county road a distance of 2.0 miles to
the pay gate at the park and is under the jurisdiction of Uintah County.
(6) ROCKPORT STATE PARK. Access to the Rockport State Park begins in Summit
County at State Highway 32 and proceeds northwesterly on State Highway 302 a distance of
0.2 miles to the pay gate at the park and is under the jurisdiction of UDOT.
(7) SAND HOLLOW STATE PARK (North Access). The North Access to the Sand
Hollow State Park begins in Hurricane City at State Highway 9 and proceeds southerly on Sand
Hollow Road, a distance of 3.9 miles to Sand Hollow Parkway. The North Access is under the
jurisdiction of Hurricane City.
[
(8) SAND HOLLOW STATE PARK (East Access). The East Access to the Sand
Hollow State Park begins in Hurricane City at 1100 West and proceeds west on 3000 South, a
distance of 1.7 miles; then proceeds southwesterly on Sand Hollow Road, a distance of 5.3
miles to Sand Hollow Parkway. The East Access is under the jurisdiction of Hurricane City.
]
(8) SAND HOLLOW STATE PARK (South Access). The South Access to Sand
Hollow State Park begins at the intersection of State Route 7 and Sand Hollow Road, then
proceeds northerly on Sand Hollow Road, a distance of 0.87 miles to the park entrance road.
The South Access is under the jurisdiction of Hurricane City.
(9) SCOFIELD (Mountain View). Access to Scofield Mountain View is at the boat
launch in Carbon County at milepoint 9.2 on State Highway 96. No access road is defined.
(10) SCOFIELD STATE PARK (Madsen Bay). Access to the Scofield State Park
Madsen Bay is at the park entrance in Carbon County at milepoint 12.3 on State Highway 96. 
No access road is defined.
[
(11) SNOW CANYON STATE PARK. Access to the Snow Canyon State Park
begins in Washington County at State Highway 18 near mile post 4 in St. George and proceeds
northerly on Snow Canyon Parkway and Snow Canyon Drive to the south boundary of the
Snow Canyon State Park.
]
(11) SNOW CANYON STATE PARK.
(a) South access to the Snow Canyon State Park begins in Washington County at State
Highway 18 near mile post 4 in St. George and proceeds westerly on Snow Canyon Parkway
and northerly on Snow Canyon Drive to the south boundary of the Snow Canyon State Park (at
the northern boundary of the Vermillion Cliffs development).
(b) The northern access is located at the intersection of State Route 18 and Snow
Canyon Drive.
(12) STARVATION STATE PARK. Access to the Starvation State Park begins in
Duchesne County at State Highway 40 and proceeds northwesterly on State Highway 311 a
distance of [
2.2
] 
3.9
 miles to the boat ramp at the park and is under the jurisdiction of UDOT.
Section 21. Section 
72-3-206
 is amended to read:
72-3-206.
State park access highways -- Steinaker State Park to Yuba State Park.
State park access highways include:
(1) STEINAKER STATE PARK. Access to the Steinaker State Park begins in Uintah
County at State Highway 191 and proceeds northwesterly on State Highway 301 a distance of
[
1.7
] 
2.0
 miles to the boat ramp at the park and is under the jurisdiction of UDOT.
(2) TERRITORIAL STATEHOUSE STATE PARK. Access to the Territorial
Statehouse State Park is at the parking area in Millard County at milepoint 1.0 on State
Highway 100. No access road is defined.
(3) THIS IS THE PLACE HERITAGE PARK. Access to This Is The Place Heritage
Park is at the park entrance in Salt Lake County at 2601 East Sunnyside Avenue in Salt Lake
City. No access road is defined.
(4) UTAH FIELD HOUSE OF NATURAL HISTORY STATE PARK. Access to Utah
Field House of Natural History State Park is at the parking area in Uintah County at milepoint
[
145.8
] 
145.1
 on State Highway 40 at 496 East Main in Vernal. No access road is defined.
(5) UTAH LAKE STATE PARK. Access to the Utah Lake State Park begins in Utah
County at State Highway 114 and proceeds westerly on a county road a distance of 2.5 miles to
the pay gate at the park and is under the jurisdiction of Utah County.
(6) WASATCH MOUNTAIN STATE PARK (East Access). The East Access to the
Wasatch Mountain State Park begins at the Summit-Wasatch County line and proceeds
westerly on Guardsman Pass Road, a county road, a distance of .9 miles; then southeasterly on
Pine Canyon Road, a county road, a distance of 7.3 miles to the campground entrance. The
East Access is under the jurisdiction of Wasatch County.
(7) WASATCH MOUNTAIN STATE PARK (South Access). The South Access to
the Wasatch Mountain State Park begins in Wasatch County at State Route 40 and proceeds
westerly on Federal Route 3130 via River Road, Burgi Lane, and Cari Lane, county and city
roads, a distance of 4.3 miles to State Highway 222; then northerly on State Highway 222, a
distance of [
1.1
] 
1.3
 miles to the campground entrance. The South Access is under the
jurisdiction of Wasatch County and Midway City.
(8) WASATCH MOUNTAIN STATE PARK (West Access). The West Access to the
Wasatch Mountain State Park begins at the Salt Lake-Wasatch County line and proceeds
easterly on Guardsman Pass Road, a county road, a distance of 1.7 miles; then southeasterly on
Pine Canyon Road, a county road, a distance of 7.3 miles to the campground entrance. The
West Access is under the jurisdiction of Wasatch County.
(9) WASATCH MOUNTAIN (Soldier Hollow). Access to Soldier Hollow begins in
Wasatch County at State Highway 113 and proceeds westerly on Tate Lane, a county road; then
southwesterly on Soldier Hollow Lane to the parking area and clubhouse.
(10) WASATCH MOUNTAIN (Cascade Springs). Access to Cascade Springs begins
in Wasatch County at the junction of Tate Lane and Stringtown Road, county roads, and
proceeds northerly on Stringtown Road; then southwesterly on Cascade Springs Drive to the
parking area. The access is under the jurisdiction of Wasatch County.
(11) WILLARD BAY STATE PARK (South). Access to the Willard Bay State Park
South begins in Box Elder County at a county road and proceeds northwesterly on State
Highway 312 a distance of [
0.2
] 
0.5
 miles to the marina parking at the park and is under the
jurisdiction of UDOT.
(12) WILLARD BAY STATE PARK (North). Access to the Willard Bay State Park
North begins in Box Elder County at Interstate Highway 15 and proceeds southwesterly on
State Highway 315 a distance of [
0.6
] 
1.0
 miles to the marina parking at the park and is under
the jurisdiction of UDOT.
(13) YUBA STATE PARK. Access to the Yuba State Park begins in Juab County at
Interstate Highway 15 and proceeds southerly on county road (L203) a distance of 4.1 miles to
the pay gate at the park and is under the jurisdiction of Juab County.
Section 22. Section 
72-6-118
 is amended to read:
72-6-118.
Definitions -- Establishment and operation of tollways -- Imposition
and collection of tolls -- Amount of tolls -- Rulemaking.
(1) As used in this section:
(a) "High occupancy toll lane" means a high occupancy vehicle lane designated under
Section 
41-6a-702
 that may be used by an operator of a vehicle carrying less than the number
of persons specified for the high occupancy vehicle lane if the operator of the vehicle pays a
toll or fee.
(b) "Toll" means any tax, fee, or charge assessed for the specific use of a tollway.
(c) "Toll lane" means a designated new highway or additional lane capacity that is
constructed, operated, or maintained for which a toll is charged for its use.
(d) (i) "Tollway" means a highway, highway lane, bridge, path, tunnel, or right-of-way
designed and used as a transportation route that is constructed, operated, or maintained through
the use of toll revenues.
(ii) "Tollway" includes a high occupancy toll lane and a toll lane.
(e) "Tollway development agreement" has the same meaning as defined in Section
72-6-202
.
(2) Subject to the provisions of Subsection (3), the department may:
(a) establish, expand, and operate tollways and related facilities for the purpose of
funding in whole or in part the acquisition of right-of-way and the design, construction,
reconstruction, operation, enforcement, and maintenance of or impacts from a transportation
route for use by the public;
(b) enter into contracts, agreements, licenses, franchises, tollway development
agreements, or other arrangements to implement this section;
(c) impose and collect tolls on any tollway established under this section, including
collection of past due payment of a toll or penalty;
(d) grant exclusive or nonexclusive rights to a private entity to impose and collect tolls
pursuant to the terms and conditions of a tollway development agreement;
(e) use technology to automatically monitor a tollway and collect payment of a toll,
including:
(i) license plate reading technology; and
(ii) photographic or video recording technology; and
(f) in accordance with Subsection (5), request that the Division of Motor Vehicles deny
a request for registration of a motor vehicle if the motor vehicle owner has failed to pay a toll
or penalty imposed for usage of a tollway involving the motor vehicle for which registration
renewal has been requested.
(3) (a) The department may establish or operate a tollway on an existing highway if
approved by the commission in accordance with the terms of this section.
(b) To establish a tollway on an existing highway, the department shall submit a
proposal to the commission including:
(i) a description of the tollway project;
(ii) projected traffic on the tollway;
(iii) the anticipated amount of the toll to be charged; and
(iv) projected toll revenue.
(4) (a) For a tollway established under this section, the department may:
(i) according to the terms of each tollway, impose the toll upon the owner of a motor
vehicle using the tollway according to the terms of the tollway;
(ii) send correspondence to the owner of the motor vehicle to inform the owner of:
(A) an unpaid toll and the amount of the toll to be paid to the department;
(B) the penalty for failure to pay the toll timely; and
(C) a hold being placed on the owner's registration for the motor vehicle if the toll and
penalty are not paid timely, which would prevent the renewal of the motor vehicle's
registration;
(iii) require that the owner of the motor vehicle pay the toll to the department within 30
days of the date when the department sends written notice of the toll to the owner; and
(iv) impose a penalty for failure to pay a toll timely.
(b) The department shall mail the correspondence and notice described in Subsection
(4)(a) to the owner of the motor vehicle according to the terms of a tollway.
(5) (a) The Division of Motor Vehicles and the department shall share and provide
access to information pertaining to a motor vehicle and tollway enforcement including:
(i) registration and ownership information pertaining to a motor vehicle;
(ii) information regarding the failure of a motor vehicle owner to timely pay a toll or
penalty imposed under this section; and
(iii) the status of a request for a hold on the registration of a motor vehicle.
(b) If the department requests a hold on the registration in accordance with this section,
the Division of Motor Vehicles may not renew the registration of a motor vehicle under Title
41, Chapter 1a, Part 2, Registration, if the owner of the motor vehicle has failed to pay a toll or
penalty imposed under this section for usage of a tollway involving the motor vehicle for which
registration renewal has been requested until the department withdraws the hold request.
(6) (a) Except as provided in Subsection (6)(b), in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, the commission shall:
(i) set the amount of any toll imposed or collected on a tollway on a state highway; and
(ii) for tolls established under Subsection (6)(b), set:
(A) an increase in a toll rate or user fee above an increase specified in a tollway
development agreement; or
(B) an increase in a toll rate or user fee above a maximum toll rate specified in a
tollway development agreement.
(b) A toll or user fee and an increase to a toll or user fee imposed or collected on a
tollway on a state highway that is the subject of a tollway development agreement shall be set
in the tollway development agreement.
(7) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the department shall make rules:
(i) necessary to establish and operate tollways on state highways;
(ii) that establish standards and specifications for automatic tolling systems and
automatic tollway monitoring technology; and
(iii) to set the amount of a penalty for failure to pay a toll under this section.
(b) The rules shall:
(i) include minimum criteria for having a tollway; and
(ii) conform to regional and national standards for automatic tolling.
(8) (a) The commission may provide funds for public or private tollway pilot projects
or high occupancy toll lanes from General Fund money appropriated by the Legislature to the
commission for that purpose.
(b) The commission may determine priorities and funding levels for tollways
designated under this section.
(9) (a) Except as provided in Subsection (9)(b), all revenue generated from a tollway
on a state highway shall be deposited into the Tollway Special Revenue Fund created in
Section 
72-2-120
 and used for any state transportation purpose.
(b) Revenue generated from a tollway that is the subject of a tollway development
agreement shall be deposited into the Tollway Special Revenue Fund and used in accordance
with Subsection (9)(a) unless:
(i) the revenue is to a private entity through the tollway development agreement; or
(ii) the revenue is identified for a different purpose under the tollway development
agreement.
(10) Data described in Subsection (2)(e) obtained for the purposes of this section:
(a) in accordance with Section 
63G-2-305
, is a protected record under Title 63G,
Chapter 2, Government Records Access and Management Act, if the photographic or video
data is maintained by a governmental entity;
(b) may not be used or shared for any purpose other than the purposes described in this
section;
(c) may only be preserved:
(i) so long as necessary to collect the payment of a toll or penalty imposed in
accordance with this section; or
(ii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
equivalent federal warrant; and
(d) may only be disclosed:
(i) in accordance with the disclosure requirements for a protected record under Section
63G-2-202
; or
(ii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
equivalent federal warrant.
(11) (a) The department may not sell for any purpose photographic or video data
captured under Subsection (2)(e)(ii).
(b) The department may not share captured photographic or video data for a purpose
not authorized under this section.
[
(12) Before November 1, 2018, the Driver License Division, the Division of Motor
Vehicles, and the department shall jointly study and report findings and recommendations to
the Transportation Interim Committee regarding the use of Title 53, Chapter 3, Part 6, Drivers'
License Compact, and other methods to collect a toll or penalty under this section from:
]
[
(a) an owner of a motor vehicle registered outside this state; or
]
[
(b) a driver or lessee of a motor vehicle leased or rented for 30 days or less.
]
Section 23. Section 
72-6-121
 is amended to read:
72-6-121.
Clean fuel vehicle decal.
(1) Subject to the requirements of this section, the department shall issue a clean fuel
vehicle decal permit and a clean fuel vehicle decal to an applicant if:
(a) the applicant is an owner of a vehicle:
(i) powered by clean fuel that meets the standards established by the department in
rules authorized under Subsection 
41-6a-702
(5)(b); and
(ii) that is registered in the state of Utah;
(b) the applicant remits an application and all fees required under this section; and
(c) the department has clean fuel vehicle decals available subject to the limits
established by the department in accordance with Subsection 
41-6a-702
(5)(b).
(2) The department shall establish the clean fuel vehicle decal design in consultation
with the Utah Highway Patrol.
(3) (a) An applicant for a clean fuel vehicle decal shall pay a clean fuel vehicle decal
fee established by the department in accordance with Section 
63J-1-504
.
(b) Funds generated by the clean fuel vehicle decal fee may be used by the department
to cover the costs incurred in issuing clean fuel vehicle decals under this section.
(4) (a) The department shall issue a clean fuel vehicle decal permit and a clean fuel
vehicle decal to a person who has been issued a clean fuel special group license plate prior to
July 1, 2011.
(b) A person who applies to the department to receive a clean fuel vehicle decal permit
and a clean fuel vehicle decal under Subsection (4)(a) is not subject to the fee imposed under
Subsection (3).
(5) (a) An owner of a vehicle may not place a clean fuel vehicle decal on a vehicle
other than the vehicle specified in the application for the clean fuel vehicle decal permit and the
clean fuel vehicle decal.
(b) An owner of a vehicle issued a clean fuel vehicle permit and clean fuel vehicle
decal is not required to place the clean fuel vehicle decal on the vehicle specified to drive in the
high occupancy lane described in Subsection 
41-6a-702
(5).
(c) A person operating a motor vehicle that has been issued a clean fuel vehicle decal
shall:
(i) in a manner consistent with Section 
41-6a-1635
, install on the windshield of the
motor vehicle the clean vehicle transponder issued by the department;
[
(i)
] 
(ii)
 have in the person's immediate possession the clean fuel vehicle decal permit
issued by the department for the motor vehicle the person is operating; and
[
(ii)
] 
(iii)
 present the permit upon demand of a peace officer.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules to administer the clean fuel vehicle decal program authorized in
this section.
Section 24. Section 
72-7-111
 is enacted to read:
 72-7-111.
Storage of flammable, explosive, or combustible materials prohibited.
(1) As used in this section:
(a) "Combustible" means a material capable of producing a usually rapid chemical
process that creates heat and usually light.
(b) "Explosive" means any chemical compound mixture, or device, the primary or
common purpose of which is to function by explosion.
(c) "Flammable" means a material capable of being easily ignited and burning quickly.
(2) A person may not keep, store, or stockpile any flammable, explosive, or
combustible material:
(a) within a right-of-way of any highway authority; or
(b) beneath or within 100 feet of:
(i) a bridge, overpass, viaduct, tunnel, or culvert of a highway authority;
(ii) a bridge, overpass, viaduct, tunnel, or culvert of a large public transit district; or
(iii) a public transit facility.
(3) A person who violates Subsection (2) is guilty of a class B misdemeanor.
Section 25. Section 
72-10-203.5
 is amended to read:
72-10-203.5.
Advisory boards of airports and extraterritorial airports.
(1) For purposes of this section:
(a) "Airport owner" means the municipality, county, or airport authority that owns one
or more airports.
(b) "Extraterritorial airport" means an airport, including the airport facilities, real
estate, or other assets related to the operation of an airport, outside the municipality or county
and within the boundary of a different municipality or county.
(2) (a) If an airport owner that owns an international airport also owns one or more
extraterritorial airports, the airport owner shall create and maintain an advisory board as
described in this section.
(b) The advisory board shall advise and consult the airport owner according to the
process set forth in ordinance, rule, or regulation of the airport owner.
(3) (a) An advisory board described in Subsection (2) shall consist of 11 members,
appointed as follows:
(i) one individual from each municipality or county in which an extraterritorial airport
is located, appointed:
(A) according to an ordinance or policy in place in each municipality or county for
appointing individuals to a board, if any; or
(B) if no ordinance or policy described in Subsection (3)(a)(i)(A) exists, by the chief
executive officer of the municipality or county, with advice and consent from the legislative
body of the municipality or county in which the extraterritorial airport is located; and
(ii) as many individuals as necessary, appointed by the chief executive officer of the
airport owner, with advice and consent from the legislative body of the airport owner, when
added to the individuals appointed under Subsection (3)(a)(i), to equal 11 total members on the
advisory board.
(b) The airport owner shall ensure that members of the advisory board have the
following qualifications:
(i) at least one member with experience in commercial or industrial construction
projects with a budget of at least $10,000,000; and
(ii) at least one member with experience in management and oversight of an entity with
an operating budget of at least $10,000,000.
(4) (a) (i) Except as provided in [
Subsections (4)(b) and (6)(b)
] 
Subsection (4)(b)
, the
term of office for members of the advisory board shall be four years or until a successor is
appointed, qualified, seated, and has taken the oath of office.
(ii) A member of the advisory board may serve two terms.
(b) When a vacancy occurs on the board for any reason, the replacement shall be
appointed according to the procedures set forth in Subsection (3) for the member who vacated
the seat, and the replacement shall serve for the remainder of the unexpired term.
(5) The advisory board shall select a chair of the advisory board.
[
(6) (a) For an airport owner that owns and operates an extraterritorial airport as of
March 9, 2017, that has an advisory board in place, the members of the advisory board may
complete the member's respective current term on the advisory board.
]
[
(b) After March 9, 2017, and upon expiration of the current term of each member of
the advisory board serving as of March 9, 2017, the airport owner shall ensure that the
membership of the advisory board transitions to reflect the requirements of this section.
]
[
(7)
] 
(6)
 (a) The chief executive officer of each municipality or county in which an
extraterritorial airport is located, with the advice and consent of the respective legislative body
of the municipality or county, may create an extraterritorial airport advisory board to represent
the interests of the extraterritorial airport.
(b) The extraterritorial airport advisory boards described in Subsection [
(7)(a)
] 
(6)(a)
shall meet at least quarterly, and:
(i) shall provide advisory support to the member of the advisory board representing the
municipality or county; and
(ii) may advise in the request for proposals process of a fixed base operator for the
respective extraterritorial airport.
[
(8)
] 
(7)
 The airport owner, in consultation with the airport advisory board, shall,
consistent with the requirements of federal law, study, produce an analysis, and advise
regarding the highest and best use and operational strategy for each airport, including all lands,
facilities, and assets owned by the airport owner.
[
(9)
] 
(8)
 An airport owner, in consultation with the county auditor and the county
assessor of a county in which an extraterritorial airport is located, shall explore in good faith
whether a municipality or county where an extraterritorial airport is located receives
airport-related tax disbursements to which the municipality or county is entitled.
[
(10)
] 
(9)
 An airport owner shall report annually to the Transportation Interim
Committee regarding the requirements in this section.
Section 26. Section 
72-10-205.5
 is amended to read:
72-10-205.5.
Abandoned aircraft on airport property -- Seizure and disposal.
(1) (a) As used in this section, "abandoned aircraft" means an aircraft that:
(i) remains in an idle state on airport property for 45 consecutive calendar days;
(ii) is in a wrecked, inoperative, derelict, or partially dismantled condition; and
(iii) is not in the process of actively being repaired.
(b) "Abandoned aircraft" does not include an aircraft:
(i) 
(A)
 that has current FAA registration; 
and
[
(ii)
] 
(B)
 that has current state registration; or
[
(iii)
] 
(ii)
 for which evidence is shown indicating repairs are in process, including:
(A) receipts for parts and labor; or
(B) a statement from a mechanic making the repairs.
(2) An airport operator may take possession and dispose of an abandoned aircraft in
accordance with Subsections (3) through (5).
(3) Upon determining that an aircraft located on airport property is abandoned, the
airport operator shall:
(a) send, by registered mail, a notice containing the information described in
Subsection (4) to the last known address of the last registered owner of the aircraft; and
(b) publish a notice containing the information described in Subsection (4) in a
newspaper of general circulation in the county where the airport is located if:
(i) the owner or the address of the owner of the aircraft is unknown; or
(ii) the mailed notice is returned to the airport operator without a forwarding address.
(4) The notice described in Subsection (3) shall include:
(a) the name, if known, and the last known address, if any, of the last registered owner
of the aircraft;
(b) a description of the aircraft, including the identification number, the location of the
aircraft, and the date the aircraft is determined abandoned;
(c) a statement describing the specific grounds for the determination that the aircraft is
abandoned;
(d) the amount of any accrued or unpaid airport charges; and
(e) a statement indicating that the airport operator intends to take possession and
dispose of the aircraft if the owner of the aircraft fails to remove the aircraft from airport
property, after payment in full of any charges described in Subsection (4)(d), within the later
of:
(i) 30 days after the day on which the notice is sent in accordance with Subsection
(3)(a); or
(ii) 30 days after the day on which the notice is published in accordance with
Subsection (3)(b), if applicable.
(5) If the owner of the abandoned aircraft fails to remove the aircraft from airport
property, after payment in full of any charges described in Subsection (4)(d), within the time
specified in Subsection (4)(e):
(a) the abandoned aircraft becomes the property of the airport operator; and
(b) the airport operator may dispose of the abandoned aircraft:
(i) in the manner provided in Title 63A, Chapter 2, Part 4, Surplus Property Service; or
(ii) in accordance with any other lawful method or procedure established by rule or
ordinance adopted by the airport operator.
(6) If an airport operator complies with the provisions of this section, the airport
operator is immune from liability for the seizure and disposal of an abandoned aircraft in
accordance with this section.
Section 27. Section 
72-17-101 (Effective 03/31/24)
 is amended to read:
72-17-101 (Effective 03/31/24).
Office of Rail Safety -- Creation -- Applicability.
(1) In accordance with 49 C.F.R. Part 212, State Safety Participation Regulations, there
is created within the department an Office of Rail Safety.
(2) As described in 49 C.F.R. Secs. 212.105 and 212.107, to organize the Office of
Rail Safety, the executive director shall:
(a) enter into an agreement with the Federal Railroad Administration to participate in
inspection and investigation activities; and
(b) obtain certification from the Federal Railroad Administration to undertake
inspection and investigative responsibilities and duties.
(3) In establishing the Office of Rail Safety in accordance with the duties described in
49 C.F.R. Part 212, the department may hire personnel and establish the duties of the office in
phases.
(4) This [
chapter
] 
part
 applies to:
(a) a class I railroad; and
(b) commuter rail.
Section 28. Section 
72-17-102 (Effective 03/31/24)
 is amended to read:
72-17-102 (Effective 03/31/24).
Definitions.
As used in this [
chapter
] 
part
:
(1) "Class I railroad" means the same as that term is defined in 49 U.S.C. Sec. 20102.
(2) "Commuter rail" means the same as that term is defined in Section 
63N-3-602
.
(3) "Federal Railroad Administration" means the Federal Railroad Administration
created in 49 U.S.C. Sec. 103.
(4) "Office" means the Office of Rail Safety created in accordance with Section
72-17-101
.
(5) "Railroad" means the same as that term is defined in 49 C.F.R. Sec. 200.3.
Section 29. Section 
77-11d-105
 is amended to read:
77-11d-105.
Disposition of unclaimed property.
(1) (a) If the owner of any lost or mislaid property cannot be determined or notified, or
if the owner of the property is determined and notified, and fails to appear and claim the
property after three months of the property's receipt by the local law enforcement agency, the
agency shall:
(i) publish notice of the intent to dispose of the unclaimed property on Utah's Public
Legal Notice Website established in Subsection 
45-1-101
(2)(b);
(ii) post a similar notice on the public website of the political subdivision within which
the law enforcement agency is located; and
(iii) post a similar notice in a public place designated for notice within the law
enforcement agency.
(b) The notice shall:
(i) give a general description of the item; and
(ii) the date of intended disposition.
(c) The agency may not dispose of the lost or mislaid property until at least eight days
after the date of publication and posting.
(2) (a) If no claim is made for the lost or mislaid property within nine days of
publication and posting, the agency shall notify the person who turned the property over to the
local law enforcement agency, if it was turned over by a person under Section 
77-11d-103
.
(b) Except as provided in Subsection (4), if that person has complied with the
provisions of this chapter, the person may take the lost or mislaid property if the person:
(i) pays the costs incurred for advertising and storage; and
(ii) signs a receipt for the item.
(3) If the person who found the lost or mislaid property fails to take the property under
the provisions of this chapter, the agency shall:
(a) apply the property to a public interest use as provided in Subsection (4);
(b) sell the property at public auction and apply the proceeds of the sale to a public
interest use; or
(c) destroy the property if it is unfit for a public interest use or sale.
(4) 
(a)
 Before applying the lost or mislaid property to a public interest use, the agency
having possession of the property shall obtain from the agency's legislative body:
[
(a)
] 
(i)
 permission to apply the property to a public interest use; and
[
(b)
] 
(ii)
 the designation and approval of the public interest use of the property.
(b) If the agency is a private law enforcement agency as defined in Subsection
53-19-102
(4), the agency may apply the lost or mislaid property to a public interest use as
provided in Subsection (4)(a) after obtaining the permission, designation, and approval of the
legislative body of the municipality in which the agency is located.
(5) Any person employed by a law enforcement agency who finds property may not
claim or receive property under this section.
Section 30. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
(2) The actions affecting Section 
59-12-103
 (Contingently Effective 01/01/25) take
effect on January 1, 2025.