Bill Summary – FastDemocracy

02-12-24 6:18 PM                                                        1st Sub. (Buff) H.B. 430
          (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[.]; and
          (v) coordinate with º [local advisory councils and] » political subdivisions within the
253a large
  public transit district to provide and execute public transit innovation grants.
          (3) A board of trustees of a large public transit district may:
          (a) subject to Subsection (5), 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
                                                        -9-       House Committee Amendments 2-14-2024 ho/kpg
         02-12-24 6:18 PM                                                     1st Sub. (Buff) H.B. 430
         (iii) a class C road;
         (iv) a class D road;
         (v) traffic and pedestrian safety infrastructure, including:
         (A) a sidewalk;
         (B) curb and gutter;
         (C) a safety feature;
         (D) a traffic sign;
         (E) a traffic signal; or
         (F) street lighting;
         (vi) streets, alleys, roads, highways, and thoroughfares of any kind, including
  connected structures;
         (vii) an airport facility;
         (viii) an active transportation facility that is for nonmotorized vehicles and multimodal
  transportation and connects an origin with a destination; or
         (ix) an intelligent transportation system;
         (b) a system for public transit;
         (c) all other modes and forms of conveyance used by the public;
         (d) debt service or bond issuance costs related to a project or facility described in
  Subsections (1)(a) through (c); or
         (e) corridor preservation related to a project or facility described in Subsections (1)(a)
  through (c).
         (2) Any revenue subject to rights or obligations under a contract between a county,
  city, or town and a public transit district entered into before January 1, 2019, remains subject to
  existing contractual rights and obligations.
         (3) In addition to the uses described in Subsection (1), for any revenue not
  contractually obligated for debt service, a public transit district may expend the revenue
  generated from the local option sales and use tax for public transit innovation grants.
         (4) º (a) » A large public transit district shall provide º [an annual] a » report
456a to each city and town
  within the boundary of the large public transit district, which report shall provide an accounting
  of:
         º [(a)] (i) » the amount of revenue from local option sales and use taxes under this part
459a that was
                                                      - 15 -     House Committee Amendments 2-14-2024 ho/kpg
         1st Sub. (Buff) H.B. 430                                                     02-12-24 6:18 PM
  collected within each respective county, city, or town and allocated to the large public transit
  district as provided in this part;
          º [(b)] (ii) » how much revenue described in Subsection (4)(a) º (i) » was
462a allocated to provide public
  transit services within each city and town; and
          º [(c)] (iii) » how the revenue described in Subsection (4) º [(b)] (a)(ii) » was
464a spent to provide public transit
  services within each respective city and town.
465a   º (b) A large public transit district shall provide the report described in Subsection (4)(a):
465b           (i) on or before November 1, 2024; and
465c           (ii) at least every two years thereafter.
465d   (c) To provide the report described in this Subsection (4), a large public transit district may
465e coordinate with the Department of Transportation to report on relevant public transit capital
465f development administered by the Department of Transportation. »
         Section 6. Section 59-12-2219 is amended to read:
         59-12-2219. County option sales and use tax for highways and public transit --
 Base -- Rate -- Distribution and expenditure of revenue -- Revenue may not supplant
 existing budgeted transportation revenue.
         (1) Subject to the other provisions of this part, and subject to Subsection (13), a county
 legislative body may impose a sales and use tax of .25% on the transactions described in
 Subsection 59-12-103(1) within the county, including the cities and towns within the county.
          (2) Subject to Subsection (9), the commission shall distribute sales and use tax revenue
  collected under this section as provided in Subsections (3) through (8).
          (3) If the entire boundary of a county that imposes a sales and use tax under this section
  is annexed into a single public transit district, the commission shall distribute the sales and use
  tax revenue collected within the county as follows:
          (a) .10% shall be transferred to the public transit district in accordance with Section
  59-12-2206;
          (b) .10% shall be distributed as provided in Subsection (6); and
          (c) .05% shall be distributed to the county legislative body.
          (4) If the entire boundary of a county that imposes a sales and use tax under this section
  is not annexed into a single public transit district, but a city or town within the county is
  annexed into a single large public transit district, the commission shall distribute the sales and
  use tax revenue collected within the county as follows:
          (a) for a city or town within the county that is annexed into a single public transit
  district, the commission shall distribute the sales and use tax revenue collected within that city
  or town as follows:k
                                                        - 16 -    House Committee Amendments 2-14-2024 ho/kpg
       02-12-24 6:18 PM                                                   1st Sub. (Buff) H.B. 430
       k(i) .10% shall be transferred to the public transit district in accordance with Section
 59-12-2206;
                                                   - 16a -    House Committee Amendments 2-14-2024 ho/kpg
         02-12-24 6:18 PM                                                      1st Sub. (Buff) H.B. 430
  for capital expenses and service delivery expenses of the public transit district or eligible
  political subdivision.
         (b) As provided in Section 59-12-2212.2, for the .10% designated for public transit
  described in Subsection (3)(a) that is not contractually obligated for debt service, º beginning on
649a July 1, 2025, » a large public
  transit district shall expend 10% of the .10% for public transit innovation grants.
         (c) The relevant county legislative body shall approve a public transit innovation grant
  as provided in Section 17B-2a-828.
         (12) Notwithstanding Section 59-12-2208, a county, city, or town legislative body may,
  but is not required to, submit an opinion question to the county's, city's, or town's registered
  voters in accordance with Section 59-12-2208 to impose a sales and use tax under this section.
         (13) (a) (i) Notwithstanding any other provision in this section, if the entire boundary
  of a county is annexed into a large public transit district, if the county legislative body wishes
  to impose a sales and use tax under this section, the county legislative body shall pass the
  ordinance to impose a sales and use tax under this section on or before June 30, 2022.
         (ii) If the entire boundary of a county is annexed into a large public transit district, the
  county legislative body may not pass an ordinance to impose a sales and use tax under this
  section on or after July 1, 2022.
         (b) Notwithstanding the deadline described in Subsection (13)(a), any sales and use tax
  imposed under this section by passage of a county ordinance on or before June 30, 2022, may
  remain in effect.
         (14) (a) Beginning on July 1, 2020, and subject to Subsection (15), if a county has not
  imposed a sales and use tax under this section, subject to the provisions of this part, the
  legislative body of a city or town described in Subsection (14)(b) may impose a .25% sales and
  use tax on the transactions described in Subsection 59-12-103(1) within the city or town.
         (b) The following cities or towns may impose a sales and use tax described in
  Subsection (14)(a):
         (i) a city or town that has been annexed into a public transit district; or
         (ii) an eligible political subdivision.
         (c) If a city or town imposes a sales and use tax as provided in this section, the
  commission shall distribute the sales and use tax revenue collected by the city or town as
  follows:
                                                        - 22 -    House Committee Amendments 2-14-2024 ho/kpg
Statutes affected: 
Introduced: 59-12-2202, 59-12-2212.2, 59-12-2219, 59-12-2220, 72-1-303, 72-2-121, 72-2-124
Amended: 59-12-2202, 59-12-2212.2, 59-12-2219, 59-12-2220, 72-1-303, 72-2-121, 72-2-124
Enrolled: 59-12-2202, 59-12-2212.2, 59-12-2219, 59-12-2220, 72-1-303, 72-2-121, 72-2-124
H.B. 430 1st Substitute : 59-12-2202, 59-12-2212.2, 59-12-2219, 59-12-2220, 72-2-121, 72-2-124
H.B. 430 1st Substitute Amended Pages Only: 59-12-2219
H.B. 430 1st Substitute (Not Adopted) Text: 59-12-2202, 59-12-2212.2, 59-12-2219, 59-12-2220, 72-2-121, 72-2-124