Bill Summary – FastDemocracy

Enrolled Copy                                                                             S.B. 150
                  TRANSPORTATION GOVERNANCE AND FUNDING
                                            AMENDMENTS
                                        2020 GENERAL SESSION
                                             STATE OF UTAH
                                Chief Sponsor: Wayne A. Harper
                               House Sponsor: Kay J. Christofferson
 7
 LONG TITLE
 General Description:
         This bill amends provisions related to transportation funding, motor vehicles,
 transportation network companies, and other transportation related items.
 Highlighted Provisions:
         This bill:
         < requires counties and municipalities to provide certain notifications to a large public
 transit district related to development that could impact public transit corridors;
         < amends provisions related to safety standards of transportation network company
 vehicles;
         < amends provisions related to public transit districts, including:
             C   removing a cap on the number of transit-oriented developments allowed;
             C   defining terms related to public transit infrastructure and planning; and
             C   provisions related to powers and responsibilities of the board of trustees and
 local advisory councils of a large public transit district;
         < amends provisions related to odometer disclosures to comply with federal law;
         < amends provisions related to registration fees for hybrid electric motor vehicles;
         < amends provisions related to certain local option sales and use taxes regarding voter
 approval of certain sales tax impositions and approved uses of certain revenues;
         < requires the Department of Transportation to provide reports to the Legislature
 regarding the road usage charge program, implementation, and future inclusion of
      S.B. 150
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 all motor vehicles;
        < amends provisions related to the duties of and prioritization criteria considered by
 the Transportation Commission;
        < amends provisions and defines terms related to the distribution of class B and class
 C road funds;
        < allows certain funds related to class B and C roads to be used for administration of
 the class B and C road fund;
        < amends provisions of the Transportation Investment Fund of 2005 related to
 programming of funds;
        < amends provisions related to revenues generated by a tollway to allow revenues to
 be used for any state transportation purpose;
        < amends provisions related to airport operators and the duties of peace officers and
 other employees interacting with traffic and air passengers; 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:
        10-9a-206, as last amended by Laws of Utah 2017, Chapter 428
        13-51-107, as last amended by Laws of Utah 2017, Chapter 406
        17-27a-206, as last amended by Laws of Utah 2017, Chapter 428
        17B-2a-802, as last amended by Laws of Utah 2019, Chapter 479
        17B-2a-804, as last amended by Laws of Utah 2018, Chapter 424
        17B-2a-808.1, as last amended by Laws of Utah 2019, Chapter 479
        41-1a-902, as last amended by Laws of Utah 1992, Chapter 234 and renumbered and
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       Enrolled Copy                                                                               S.B. 150
 amended by Laws of Utah 1992, Chapter 1
          41-1a-1206, as last amended by Laws of Utah 2019, Chapter 479
          59-12-2214, as last amended by Laws of Utah 2019, Chapter 479
          59-12-2215, as last amended by Laws of Utah 2019, Chapter 479
          59-12-2217, as last amended by Laws of Utah 2019, Chapter 479
          72-1-102, as last amended by Laws of Utah 2019, Chapters 431 and 479
          72-1-213.1, as enacted by Laws of Utah 2019, Chapter 479
          72-1-303, as last amended by Laws of Utah 2018, Chapter 424
          72-1-304, as last amended by Laws of Utah 2019, Chapters 327 and 479
          72-2-107, as last amended by Laws of Utah 2019, Chapter 479
          72-2-108, as last amended by Laws of Utah 2018, Second Special Session, Chapter 8
          72-2-124, as last amended by Laws of Utah 2019, Chapters 327 and 479
          72-3-104, as last amended by Laws of Utah 2003, Chapters 131 and 292
          72-6-118, as last amended by Laws of Utah 2018, Chapter 269
          72-10-207, as last amended by Laws of Utah 1998, Chapters 282, 365 and renumbered
 and amended by Laws of Utah 1998, Chapter 270
72
 Be it enacted by the Legislature of the state of Utah:
          Section 1. Section 10-9a-206 is amended to read:
          10-9a-206. Third party notice -- High priority transportation corridor notice.
          (1) (a) If a municipality requires notice to adjacent property owners, the municipality
 shall:
          (i) mail notice to the record owner of each parcel within parameters specified by
 municipal ordinance; or
          (ii) post notice on the property with a sign of sufficient size, durability, print quality,
 and location that is reasonably calculated to give notice to passers-by.
          (b) If a municipality mails notice to third party property owners under Subsection
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 (1)(a), it shall mail equivalent notice to property owners within an adjacent jurisdiction.
        (2) (a) As used in this Subsection (2), "high priority transportation corridor" means a
 transportation corridor identified as a high priority transportation corridor under Section
 72-5-403.
        (b) The Department of Transportation may request, in writing, that a municipality
 provide the department with electronic notice of each land use application received by the
 municipality that may adversely impact the development of a high priority transportation
 corridor.
        (c) If the municipality receives a written request as provided in Subsection (2)(b), the
 municipality shall provide the Department of Transportation with timely electronic notice of
 each land use application that the request specifies.
        (3) (a) A large public transit district, as defined in Section 17B-2a-802, may request, in
 writing, that a municipality provide the large public transit district with electronic notice of
 each land use application received by the municipality that may impact the development of a
 major transit investment corridor.
        (b) If the municipality receives a written request as provided in Subsection (3)(a), the
 municipality shall provide the large public transit district with timely electronic notice of each
 land use application that the request specifies.
        Section 2. Section 13-51-107 is amended to read:
        13-51-107. Driver requirements.
        (1) Before a transportation network company allows an individual to use the
 transportation network company's software application as a transportation network driver, the
 transportation network company shall:
        (a) require the individual to submit to the transportation network company:
        (i) the individual's name, address, and age;
        (ii) a copy of the individual's driver license, including the driver license number; and
        (iii) proof that the vehicle that the individual will use to provide transportation network
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        Enrolled Copy                                                                          S.B. 150
 services is registered with the Division of Motor Vehicles;
        (b) require the individual to consent to a criminal background check of the individual
 by the transportation network company or the transportation network company's designee; and
        (c) obtain and review a report that lists the individual's driving history.
        (2) A transportation company may not allow an individual to provide transportation
 network services as a transportation network driver if the individual:
        (a) has committed more than three moving violations in the three years before the day
 on which the individual applies to become a transportation network driver;
        (b) has been convicted, in the seven years before the day on which the individual
 applies to become a transportation network driver, of:
        (i) driving under the influence of alcohol or drugs;
        (ii) fraud;
        (iii) a sexual offense;
        (iv) a felony involving a motor vehicle;
        (v) a crime involving property damage;
        (vi) a crime involving theft;
        (vii) a crime of violence; or
        (viii) an act of terror;
        (c) is required to register as a sex offender in accordance with Title 77, Chapter 41, Sex
 and Kidnap Offender Registry;
        (d) does not have a valid Utah driver license; or
        (e) is not at least 19 years of age.
        (3) (a) A transportation network company shall prohibit a transportation network driver
 from accepting a request for a prearranged ride if the motor vehicle that the transportation
 network driver uses to provide transportation network services fails to comply with:
        [(a)] (i) equipment standards described in Section 41-6a-1601; and
        [(b)] (ii) emission requirements adopted by a county under Section 41-6a-1642.
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        (b) (i) If upon visual inspection, a defect relating to the equipment standards described
 in Section 41-6a-1601 can be reasonably identified, an airport operator may perform a safety
 inspection of a transportation network driver's vehicle operating within the airport to ensure
 compliance with equipment standards described in Section 41-6a-1601.
        (ii) An airport operator shall conduct all inspections under this Subsection (3) in such a
 manner to minimize impact to the transportation network driver's and transportation network
 company vehicle's availability to provide prearranged rides.
        (4) A transportation network driver, while providing transportation network services,
 shall carry proof, in physical or electronic form, that the transportation network driver is
 covered by insurance that satisfies the requirements of Section 13-51-108.
        Section 3. Section 17-27a-206 is amended to read:
        17-27a-206. Third party notice -- High priority transportation corridor notice.
        (1) (a) If a county requires notice to adjacent property owners, the county shall:
        (i) mail notice to the record owner of each parcel within parameters specified by county
 ordinance; or
        (ii) post notice on the property with a sign of sufficient size, durability, print quality,
 and location that is reasonably calculated to give notice to passers-by.
        (b) If a county mails notice to third party property owners under Subsection (1), it shall
 mail equivalent notice to property owners within an adjacent jurisdiction.
        (2) (a) As used in this Subsection (2), "high priority transportation corridor" means a
 transportation corridor identified as a high priority transportation corridor under Section
 72-5-403.
        (b) The Department of Transportation may request, in writing, that a county provide
 the department with electronic notice of each land use application received by the county that
 may adversely impact the development of a high priority transportation corridor.
        (c) If the county receives a written request as provided in Subsection (2)(b), the county
 shall provide the Department of Transportation with timely electronic notice of each land use
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        Enrolled Copy                                                                                S.B. 150
 application that the request specifies.
            (3) (a) A large public transit district, as defined in Section 17B-2a-802, may request, in
 writing, that a county provide the large public transit district with electronic notice of each land
 use application received by the county that may impact the development of a major transit
 investment corridor.
            (b) If the county receives a written request as provided in Subsection (3)(a), the county
 shall provide the large public transit district with timely electronic notice of each land use
 application that the request specifies.
            Section 4. 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
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 fulfilled by the chief executive officer.
           (4) "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.
           (5) "Department" means the Department of Transportation created in Section 72-1-201.
           (6) "Executive director" means a person appointed by the board of trustees of a large
 public transit district to serve as executive director.
           (7) (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.
           (8) "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.
           (9) (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.
           (10) "Metropolitan planning organization" means the same as that term is defined in
 Section 72-1-208.5.
           (11) "Multicounty district" means a public transit district located in more than one
 county.
           (12) "Operator" means a public entity or other person engaged in the transportation of
 passengers for hire.
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        Enrolled Copy                                                                             S.B. 150
         (13) (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.
         (14) "Public transit district" means a local district that provides public transit services.
         (15) "Small public transit district" means any public transit district that is not a large
 public transit district.
         (16) "Station area plan" means a plan adopted by the relevant municipality or county