Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                             S.B. 179
Approved for Filing: K.P. Gasser 6                             3rd Sub. (Ivory)
          6 02-21-24 2:14 PM 6
                         Senator Wayne A. Harper proposes the following substitute bill:
                            TRANSPORTATION AMENDMENTS
                                       2024 GENERAL SESSION
                                            STATE OF UTAH
                                Chief Sponsor: Wayne A. Harper
                               House Sponsor: Kay J. Christofferson
 6
 LONG TITLE
 General Description:
        This bill amends provisions related to motor vehicles, the Department of
 Transportation, and highways, 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 and remove outdated language;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;
        < requires the State Tax Commission to create an electronic titling system;
        < 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;                       3rd Sub. S.B. 179
        < amends a provision related to required matching funds to qualify for certain
 transportation funding to exclude projects administered by the Department of
 Transportation;
        < requires a person challenging a dedication of a public highway through continuous
 use to first notify the relevant highway authority before filing suit;
     *SB0179S03*
      3rd Sub. (Ivory) S.B. 179                                             02-21-24 2:14 PM
       < amends the definition of abandoned aircraft; and
       < makes technical changes.
 Money Appropriated in this Bill:
       None
 Other Special Clauses:
       None
 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-807.2, as last amended by Laws of Utah 2022, Chapter 259
       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
       59-13-103, 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
       72-5-104, as last amended by Laws of Utah 2020, Chapter 293
       72-6-118, as last amended by Laws of Utah 2020, Chapter 377
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       02-21-24 2:14 PM                                                     3rd Sub. (Ivory) S.B. 179
        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:
        41-1a-523, Utah Code Annotated 1953
        72-7-111, Utah Code Annotated 1953
66
 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
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        3rd Sub. (Ivory) S.B. 179                                                   02-21-24 2:14 PM
 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
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        02-21-24 2:14 PM                                                   3rd Sub. (Ivory) S.B. 179
 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
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        3rd Sub. (Ivory) S.B. 179                                                  02-21-24 2:14 PM
 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:
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        02-21-24 2:14 PM                                                     3rd Sub. (Ivory) S.B. 179
         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-807.2 is amended to read:
         17B-2a-807.2. Existing large public transit district board of trustees --
 Appointment -- Quorum -- Compensation -- Terms.
         (1) (a) (i) For a large public transit district created before January 1, 2019, and except
 as provided in Subsection (7), the board of trustees shall consist of three members appointed as
 described in Subsection (1)(b).
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        3rd Sub. (Ivory) S.B. 179                                                      02-21-24 2:14 PM
         (ii) For purposes of a large public transit district created before January 1, 2019, the
 nominating regions are as follows:
         (A) a central region that is Salt Lake County;
         (B) a southern region that is comprised of Utah County and the portion of Tooele
 County that is part of the large public transit district; and
         (C) a northern region that is comprised of Davis County, Weber County, and the
 portion of Box Elder County that is part of the large public transit district.
         (iii) (A) If a large public transit district created before January 1, 2019, annexes an
 additional county into the large public transit district pursuant to Section 17B-1-402, following
 the issuance of the certificate of annexation by the lieutenant governor, the political
 subdivisions making up the large public transit district shall submit to the Legislature for
 approval a proposal for the creation of three regions for nominating members to the board of
 trustees of the large public transit district.
         (B) If a large public transit district created before January 1, 2019, has a change to the
 boundaries of the large public transit district, the Legislature, after receiving and considering
 the proposal described in Subsection (1)(a)(iii)(A), shall designate the three regions for
 nominating members to the board of trustees of the large public transit district.
         (b) (i) Except as provided in Subsection (5), the governor, with advice and consent of
 the Senate, shall appoint the members of the board of trustees, making:
         (A) one appointment from individuals nominate