Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 174 (2025GS)

Sponsor

Sen. Harper, Wayne A.

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends and reallocates the roles of the board of trustees, executive director, and local advisory board of a large public transit district;
• requires all fixed guideway capital development projects of a large public transit district to be under the supervision of the Department of Transportation, regardless of whether the project includes state funding;
• modifies provisions related to public transit planning;
• requires a large public transit district to provide a report regarding contracting for reduced fares;
• amends levels of contracts of a large public transit district that require approval of the board of trustees; and
• makes technical changes.

Every vote on this bill

Bill text

40
17B-2a-802
17B-2a-808.1
17B-2a-808.2
17B-2a-810
17B-2a-811.1
72-1-203
17B-2a-802
17B-2a-808.1
17B-2a-808.2
17B-2a-810
17B-2a-811.1
72-1-203
7
Transit and Transportation Governance Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: Kay J. Christofferson
LONG TITLE
General Description:
This bill amends provisions related to the governance of public transit districts.
Highlighted Provisions:
This bill:
amends and reallocates the roles of the board of trustees, executive director, and local 
advisory council of a large public transit district;
requires all fixed guideway capital development projects of a large public transit district 
to be under the supervision of the Department of Transportation, regardless of whether 
the project includes state funding;
modifies provisions related to public transit planning;
requires a large public transit district to provide a report regarding contracting for reduced 
fares;
amends levels of contracts of a large public transit district that require approval of the 
board of trustees; and 
makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17B-2a-802
, as last amended by Laws of Utah 2024, Chapter 498
17B-2a-808.1
, as last amended by Laws of Utah 2024, Chapter 498
17B-2a-808.2
, as last amended by Laws of Utah 2024, Chapter 517
17B-2a-810
, as last amended by Laws of Utah 2018, Chapter 424
17B-2a-811.1
, as enacted by Laws of Utah 2018, Chapter 424
72-1-203
, as last amended by Laws of Utah 2024, Chapter 517
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
17B-2a-802
 is amended to read:
17B-2a-802
. Definitions.
As used in this part:
(1)
"Affordable housing" means housing occupied or reserved for occupancy by households 
that meet certain gross household income requirements based on the area median income 
for households of the same size.
(a)
"Affordable housing" may include housing occupied or reserved for occupancy by 
households that meet specific area median income targets or ranges of area median 
income targets.
(b)
"Affordable housing" does not include housing occupied or reserved for occupancy 
by households with gross household incomes that are more than 60% of the area 
median income for households of the same size.
(2)
"Appointing entity" means the person, county, unincorporated area of a county, or 
municipality appointing a member to a public transit district board of trustees.
(3)
(a)
"Chief executive officer" means a person appointed by the board of trustees of a 
small public transit district to serve as chief executive officer.
(b)
"Chief executive officer" shall enjoy all the rights, duties, and responsibilities 
defined in Sections 
17B-2a-810
 and 
17B-2a-811
 and includes all rights, duties, and 
responsibilities assigned to the general manager but prescribed by the board of 
trustees to be fulfilled by the chief executive officer.
(4)
"Confidential employee" means a person who, in the regular course of the person's 
duties:
(a)
assists in and acts in a confidential capacity in relation to other persons who 
formulate, determine, and effectuate management policies regarding labor relations; 
or
(b)
has authorized access to information relating to effectuating or reviewing the 
employer's collective bargaining policies.
(5)
"Council of governments" means a decision-making body in each county composed of 
membership including the county governing body and the mayors of each municipality 
in the county.
(6)
"Department" means the Department of Transportation created in Section 
72-1-201
.
(7)
"Executive director" means a person appointed by the board of trustees of a large public 
transit district to serve as executive director.
(8)
"Fixed guideway" means the same as that term is defined in Section 
59-12-102
.
(9)
"Fixed guideway capital development" means the same as that term is defined in 
Section 
72-1-102
.
(10)
(a)
"General manager" means a person appointed by the board of trustees of a small 
public transit district to serve as general manager.
(b)
"General manager" shall enjoy all the rights, duties, and responsibilities defined in 
Sections 
17B-2a-810
 and 
17B-2a-811
 prescribed by the board of trustees of a small 
public transit district.
(11)
"Large public transit district" means a public transit district that provides public transit 
to an area that includes:
(a)
more than 65% of the population of the state based on the most recent official census 
or census estimate of the United States Census Bureau; and
(b)
two or more counties.
(12)
"Local advisory council" means the local advisory council created in accordance with 
Section 
17B-2a-808.2
.
(12)
(13)
(a)
"Locally elected public official" means a person who holds an elected 
position with a county or municipality.
(b)
"Locally elected public official" does not include a person who holds an elected 
position if the elected position is not with a county or municipality.
(13)
(14)
"Managerial employee" means a person who is:
(a)
engaged in executive and management functions; and
(b)
charged with the responsibility of directing, overseeing, or implementing the 
effectuation of management policies and practices.
(14)
(15)
"Metropolitan planning organization" means the same as that term is defined in 
Section 
72-1-208.5
.
(15)
(16)
"Multicounty district" means a public transit district located in more than one 
county.
(16)
(17)
"Operator" means a public entity or other person engaged in the transportation of 
passengers for hire.
(17)
(18)
(a)
"Public transit" means regular, continuing, shared-ride, surface 
transportation services that are open to the general public or open to a segment of the 
general public defined by age, disability, or low income.
(b)
"Public transit" does not include transportation services provided by:
(i)
chartered bus;
(ii)
sightseeing bus;
(iii)
taxi;
(iv)
school bus service;
(v)
courtesy shuttle service for patrons of one or more specific establishments; or
(vi)
intra-terminal or intra-facility shuttle services.
(18)
(19)
"Public transit district" means a special district that provides public transit 
services.
(19)
(20)
"Public transit innovation grant" means the same as that term is defined in 
Section 
72-2-401
.
(20)
(21)
"Small public transit district" means any public transit district that is not a large 
public transit district.
(21)
(22)
"Station area plan" means a plan developed and adopted by a municipality in 
accordance with Section 
10-9a-403.1
.
(22)
(23)
(a)
"Supervisor" means a person who has authority, in the interest of the 
employer, to:
(i)
hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or 
discipline other employees; or
(ii)
adjust another employee's grievance or recommend action to adjust another 
employee's grievance.
(b)
"Supervisor" does not include a person whose exercise of the authority described in 
Subsection 
(22)(a)
(23)(a)
:
(i)
is of a merely routine or clerical nature; and
(ii)
does not require the person to use independent judgment.
(23)
(24)
"Transit facility" means a transit vehicle, transit station, depot, passenger loading 
or unloading zone, parking lot, or other facility:
(a)
leased by or operated by or on behalf of a public transit district; and
(b)
related to the public transit services provided by the district, including:
(i)
railway or other right-of-way;
(ii)
railway line; and
(iii)
a reasonable area immediately adjacent to a designated stop on a route traveled 
by a transit vehicle.
(24)
(25)
"Transit vehicle" means a passenger bus, coach, railcar, van, or other vehicle 
operated as public transportation by a public transit district.
(25)
(26)
"Transit-oriented development" means a mixed use residential or commercial 
area that is designed to maximize access to public transit and includes the development 
of land owned by a large public transit district.
(26)
(27)
"Transit-supportive development" means a mixed use residential or commercial 
area that is designed to maximize access to public transit and does not include the 
development of land owned by a large public transit district.
Section 2, 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)
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;
(f)
(i)
approve a strategic plan for development and operations proposed by the 
executive director pursuant to Subsection 
17B-2a-811.1(2)(j)
; and
(ii)
in coordination with the executive director, create and pursue funding 
opportunities for transit capital and service initiatives to meet anticipated growth 
within the public transit district and in accordance with the strategic plan;
(g)
create and 
annually report the public transit district's long-term financial plan to the 
State Bonding Commission
State Finance Review Commission created in Section 
63C-25-201
;
(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
salary
, 
and 
develop performance targets and evaluations for
:
, 
and supervise the executive director;
(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; 
(ii)
in consultation with the local advisory council, fix fares; 
and
(ii)
(iii)
make 
and enforce rules, regulations,
rules and approve
 contracts, practices, 
and schedules for or in connection with a transit facility that the district owns or 
controls;
(l)
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), 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
fixed guideway
 capital development projects that the board of 
trustees would like the Transportation Commission to consider;
(q)
(i)
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;
 and
(ii)
if requested by the executive director and approved by the local advisory council, 
direct the internal auditor appointed under Section 
17B-2a-810
 to conduct an audit 
of an internal issue of the large public transit district;
(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;
(u)
review and approve any:
(i)
contract or expense exceeding 
$200,000
$250,000
; or
(ii)
proposed change order to an existing contract if the change order:
(A)
increases the total contract value to 
$200,000
$250,000
 or more;
(B)
increases a contract of or expense of 
$200,000
$250,000
 or more by 
15%
25%
 or more; or
(C)
has a total change order value of 
$200,000
$250,000
 or more;
 and
(v)
coordinate with political subdivisions within the large public transit district and the 
department to coordinate public transit services provided by the large public transit 
district with pilot services related to public transit innovation grants
.
; and
(w)
at least annually, engage with the safety and security team of the large public transit 
district to ensure coordination with local municipalities and counties.
(3)
A board of trustees of a large public transit district may:
(a)
subject to Subsection (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;
 and
(B)
the execution of district powers; and
(C)
(B)
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)
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
.
(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.
(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.
(7)
(a)
The board of trustees shall provide a report to each city and town within the 
boundary of the large public transit district, that shall provide an accounting of:
(i)
the amount of revenue from local option sales and use taxes under this part that 
was collected within each respective county, city, or town and allocated to the 
large public transit district as provided in this part;
(ii)
how much revenue described in Subsection (7)(a)(i) was allocated to provide 
public transit services utilized by residents of each city and town; and
(iii)
how the revenue described in Subsection 
(7)(b)
(7)(a)(i)
 was spent to provide 
public transit services utilized by residents of each respective city and town.
(b)
The board of trustees shall provide the report described in Subsection (7)(a):
(i)
on or before January 1, 2025; and
(ii)
at least every two years thereafter.
(c)
To provide the report described in this Subsection (7), a board of trustees may 
coordinate with the Department of Transportation to report on relevant public transit 
capital development
 projects
 administered by the Department of Transportation.
Section 3, 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
consulting with
 the 
board of trustees of the large public transit district
 regarding
 service plans 
and 
routes 
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 
72-1-203
, 
reviewing, 
approving, and recommending final adoption by
consulting with
 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
 plans
 for a transit-oriented development where a large public transit 
district is involved;
(v)
consulting the executive director as the executive director creates the budget of 
the large public transit district;
(vi)
consulting with the board of trustees as the board of trustees fixes fares;
(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)
(vii)
assisting with coordinated mobility and constituent services provided by 
the public transit district;
(vii)
(viii)
representing and advocating the concerns of citizens within the public 
transit district to the board of trustees; and
(viii)
(ix)
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 4, Section 
17B-2a-810
 is amended to read:
17B-2a-810
. Officers of a public transit district.
(1)
(a)
The officers of a public transit district shall consist of:
(i)
the members of the board of trustees;
(ii)
for a small public transit district, a chair and vice chair, appointed by the board of 
trustees, subject to Subsection 
(1)(c)
;
(iii)
a secretary, appointed by the board of trustees;
(iv)
(A)
for a small public transit district, a general manager, appointed by the 
board of trustees as provided in Section 
17B-2a-811
, whose duties may be 
allocated by the board of trustees, at the board of trustees' discretion, to a chief 
executive officer, or both; or
(B)
for a large public transit district, an executive director appointed by the board 
of trustees as provided in Section 
17B-2a-811.1
;
(v)
for a small public transit district, a chief executive officer appointed by the board 
of trustees, as provided in Section 
17B-2a-811
;
(vi)
for a small public transit district, a general counsel, appointed by the board of 
trustees, subject to Subsection 
(1)(d)
;
(vii)
a treasurer, appointed as provided in Section 
17B-1-633
, except that the 
treasurer of a large public transit district shall be appointed by the executive 
director
;
(viii)
a comptroller, appointed by the board of trustees, subject to Subsection 
(1)(e)
, 
except that the comptroller of a large public transit district shall be appointed by 
the executive director
;
(ix)
for a large public transit district, an internal auditor, appointed by the board of 
trustees, subject to Subsection 
(1)(f)
; and
(x)
other officers, assistants, and deputies that the board of trustees considers 
necessary.
(b)
The board of trustees of a small public transit district may, at its discretion, appoint a 
president, who shall also be considered an officer of a public transit district.
(c)
The district chair and vice chair of a small public transit district shall be members of 
the board of trustees.
(d)
The person appointed as general counsel for a small public transit district shall:
(i)
be admitted to practice law in the state; and
(ii)
have been actively engaged in the practice of law for at least seven years next 
preceding the appointment.
(e)
The person appointed as comptroller shall have been actively engaged in the practice 
of accounting for at least seven years next preceding the appointment.
(f)
The person appointed as internal auditor shall be a licensed certified internal auditor 
or certified public accountant with at least five years experience in the auditing or 
public accounting profession, or the equivalent, prior to appointment.
(2)
(a)
For a small public transit district, the district's general manager or chief executive 
officer, as the board prescribes, or for a large public transit district, the executive 
director, shall appoint all officers and employees not specified in Subsection 
(1)
.
(b)
Each officer and employee appointed by the district's general manager or chief 
executive officer of a small public transit district, or the executive director of a large 
public transit district, serves at the pleasure of the appointing general manager, chief 
executive officer, or executive director.
(3)
The board of trustees shall by ordinance or resolution fix the compensation of all district 
officers and employees, except as otherwise provided in this part.
(4)
(a)
Each officer appointed by the board of trustees or by the district's general 
manager, chief executive officer, or executive director shall take the oath of office 
specified in 
Utah Constitution, Article IV, Section 10.
(b)
Each oath under Subsection 
(4)(a)
 shall be subscribed and filed with the district 
secretary no later than 15 days after the commencement of the officer's term of office.
Section 5, Section 
17B-2a-811.1
 is amended to read:
17B-2a-811.1
. Executive director of a large public transit district.
(1)
(a)
The board of trustees of a large public transit district shall appoint a person as an 
executive director.
(b)
The appointment of an executive director shall be by the affirmative vote of a 
majority of the board of trustees.
(c)
The board's appointment of a person as executive director shall be based on the 
person's qualifications, with special reference to the person's actual experience in or 
knowledge of accepted practices with respect to the duties of the office.
(d)
A person appointed as executive director of a large public transit district is not 
required to be a resident of the state at the time of appointment.
(2)
An executive director of a large public transit district shall:
(a)
be
serve as
 a full-time officer and devote full time to the district's business;
(b)
serve at the pleasure of the board of trustees;
(c)
hold office for an indefinite term;
(d)
ensure that all district ordinances are enforced;
(e)
prepare and submit to the board of trustees, as soon as practical but not less than 45 
days after the end of each fiscal year, a complete report on the district's finances and 
administrative activities for the preceding year;
(f)
advise the board of trustees regarding the needs of the district;
(g)
establish district administrative policies and procedures;
(h)
ensure district compliance with state and federal requirements;
(i)
in consultation with the local advisory council, create and present the budget of the 
large public transit district to the board of trustees for approval;
(j)
(i)
at least as frequently as every four years, in consultation with the board of 
trustees, the local advisory council, metropolitan planning organizations, 
operations specialists of the large public transit district, and other relevant 
stakeholders, develop a strategic plan for the district that aligns with relevant 
transportation and public transit plans, including corresponding proposed projects 
on time horizons of five, 10, and 20 years; and
(ii)
present the strategic plan described in Subsection 
(2)(j)(i)
 to the board of trustees 
for approval;
(k)
at least as frequently as every five years, perform a cost-effectiveness and 
cost-benefit study for each mode of public transit and develop goals for the large 
public transit district to achieve an effective balance of cost-effective and 
cost-beneficial services;
(g)
(l)
subject to Section 
72-1-203
, 
in consultation with the board of trustees, prepare or 
cause to be prepared all plans and specifications for the construction of district works;
(h)
(m)
cause to be installed and maintained a system of auditing and accounting that 
completely shows the district's financial condition at all times;
(i)
(n)
attend meetings of the board of trustees;
(j)
(o)
in consultation with the board of trustees,
notwithstanding Subsections 
17B-1-301(2)(l)
 and (m),
 have charge of:
(i)
the acquisition, construction, maintenance, and operation of district facilities; and
(ii)
the administration of the district's business affairs; and
(k)
(p)
be entitled to participate in the deliberations of the board of trustees as to any 
matter before the board.
(3)
(a)
On or before October 31, 2025, and each year thereafter, the executive director 
shall prepare and provide a report to the Transportation Interim Committee regarding 
fare contracts and transit pass programs.
(b)
The report described in Subsection 
(3)(a)
 shall include information about 
institutional contracts as well as reduced-fare, ticket-as-fare, or other fare event 
contracts, including:
(i)
contribution levels from both the large public transit district and each relevant 
institution or party;
(ii)
projected and observed benefits and costs and return on investment of the 
proposed contract, including increased ridership, traffic congestion reduction, 
operational and customer safety, and net financial gain of the large public transit 
district; and
(iii)
other relevant data used to determine that the contract is in the public's 
transportation interest.
(4)
The executive director shall hire and have supervisory authority over all executive 
officer positions not specifically reserved by the board of trustees.
(3)
(5)
The board of trustees may not remove the executive director or reduce the 
executive director's salary below the amount fixed at the time of original appointment 
unless:
(a)
the board adopts a resolution by a vote of a majority of all members; and
(b)
if the executive director demands in writing, the board gives the executive director 
the opportunity to be publicly heard at a meeting of the board before the final vote on 
the resolution removing the executive director or reducing the executive director's 
salary.
(4)
(6)
(a)
Before adopting a resolution providing for the removal of the executive 
director or a reduction in the executive director's salary as provided in Subsection 
(3)
(5)
, the board shall, if the executive director makes a written demand:
(i)
give the executive director a written statement of the reasons alleged for the 
removal or reduction in salary; and
(ii)
allow the executive director to be publicly heard at a meeting of the board of 
trustees.
(b)
Notwithstanding Subsection 
(4)(a)
(6)(a)
, the board of trustees of a public transit 
district may suspend an executive director from office pending and during a hearing 
under Subsection 
(4)(a)(ii)
(6)(a)(ii)
.
(5)
(7)
The action of a board of trustees suspending or removing an executive director or 
reducing the executive director's salary is final.
Section 6, 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
.
(4)
The executive director may delegate to a large public transit district certain projects or 
acquisitions described in Subsection (2)(r) related to fixed guideway capital 
development if the executive director determines that the large public transit district is 
better positioned or equipped for that particular project or acquisition.
Section 7. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 3:59 PM