reglab/statecodes huggingface dataset:
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 2 - Department of Transportation › Section 204 - Divisions enumerated -- Duties.

Effective 5/14/2019
72-1-204.
Divisions enumerated -- Duties.
In addition to divisions created by the department necessary to administer the areas of responsibility of the deputy directors as described in Section 72-1-203, the divisions of the department are:
(1) the Comptroller Division responsible for:
(a) all financial aspects of the department, including budgeting, accounting, and contracting;
(b) providing all material data and documentation necessary for effective fiscal planning and programming; and
(c) procuring administrative supplies;
(2) the Internal Audit Division responsible for:
(a) conducting and verifying all internal audits and reviews within the department;
(b) performing financial and compliance audits to determine the allowability and reasonableness of proposals, accounting records, and final costs of consultants, contractors, utility companies, and other entities used by the department; and
(c) implementing audit procedures that meet or exceed generally accepted auditing standards relating to revenues, expenditures, and funding; and
(3) the Communications Division responsible for:
(a) developing, managing, and implementing the department's public hearing processes and programs;
(b) responding to public complaints, requests, and input;
(c) assisting the divisions and regions in the department's public involvement programs;
(d) developing and managing internal department communications; and
(e) managing and overseeing department media relations.
Amended by Chapter 479, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 2 - Department of Transportation › Section 205 - Region offices -- Region directors -- Qualifications -- Responsibilities.

Effective 5/14/2019
72-1-205.
Region offices -- Region directors -- Qualifications -- Responsibilities.
(1) The department shall maintain region offices throughout the state as the executive director finds reasonable and necessary for the efficient carrying out of the duties of the department.
(2)
(a) The executive director shall appoint a region director for each region.
(b) Each region director shall be a qualified executive with technical and administrative experience and training.
(3) The executive director shall establish the responsibilities of each region director.
(4) The executive director may also establish district offices within a region to implement maintenance, encroachment, safety, community involvement, and loss management functions of the region.
Amended by Chapter 479, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 2 - Department of Transportation › Section 206 - Performance auditing -- Appointment or employment -- Duties -- Reports.

Effective 5/9/2017
72-1-206.
Performance auditing -- Appointment or employment -- Duties -- Reports.
(1)
(a) The executive director, with the approval of a majority vote of the commission for each appointment, shall, to conduct the audits required in this section:
(i) appoint not less than two performance auditors; or
(ii) employ auditing experts from outside the department.
(b) A performance auditor appointed under Subsection (1)(a)(i) may only be removed by the executive director with the approval of a majority vote of the commission.
(c) Each auditor appointed under Subsection (1)(a)(i) shall have at least three years' experience in performance auditing prior to appointment.
(2) The executive director shall ensure that the auditors under Subsection (1) receive:
(a) any staff support from the department that is necessary to fulfill their duties; and
(b) access to all the department's records and information.
(3) The auditors under Subsection (1) shall conduct, as prioritized by the commission:
(a) performance audits to determine the efficiency and effectiveness of the department;
(b) financial audits to ensure the efficient and effective expenditure of department money;
(c) audits to ensure department compliance with state statutes, commission priorities, and legislative appropriation intent statements;
(d) audits to determine the impact of federal mandates, including air quality, wetlands, and other environmental standards on the cost and schedule of department projects;
(e) external audits on persons entering into contracts with the department, as necessary;
(f) studies to determine the time required to accomplish department and external contract work and their relative efficiencies;
(g) evaluations of the department's quality assurance and quality control programs; and
(h) any other executive director or commission requests.
(4) The auditors under Subsection (1) shall:
(a) conduct audits in accordance with applicable professional auditing standards; and
(b) provide copies of all reports of audit findings to the commission, the executive director, and the Legislative Auditor General.
Amended by Chapter 144, 2017 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 2 - Department of Transportation › Section 207 - Department may sue and be sued -- Legal adviser of department -- Partial waiver of Eleventh Amendment immunity.

Effective 5/12/2015
72-1-207.
Department may sue and be sued -- Legal adviser of department -- Partial waiver of Eleventh Amendment immunity.
(1) The department may sue, and it may be sued only on written contracts made by it or under its authority.
(2) The department may sue in the name of the state.
(3) In all matters requiring legal advice in the performance of its duties and in the prosecution or defense of any action growing out of the performance of its duties, the attorney general is the legal adviser of the commission, and the department, and shall perform any and all legal services required by the commission and the department without other compensation than his salary.
(4) Upon request of the department, the attorney general shall aid in any investigation, hearing, or trial under the provisions of Chapter 9, Motor Carrier Safety Act, 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 order of the department affecting motor carriers of persons and property.
(5)
(a) The state waives its immunity under the 11th Amendment of the United States Constitution and consents to suit in a federal court for lawsuits arising out of the department's compliance, discharge, or enforcement of responsibilities assumed pursuant to 23 U.S.C. Secs. 326 and 327.
(b) The waiver of immunity under this Subsection (5) is valid only if:
(i) the executive director or the executive director's designee executes a memorandum of understanding with the United States Department of Transportation accepting the jurisdiction of the federal courts as required by 23 U.S.C. Secs. 326(c) and 327(c);
(ii) before execution of the memorandum of understanding under Subsection (5)(b)(i), the attorney general has issued an opinion letter to the executive director and the administrator of the Federal Highway Administration that the memorandum of understanding and the waiver of immunity are valid and binding upon the state;
(iii) the act or omission that is the subject of the lawsuit arises out of or relates to compliance, discharge, or enforcement of responsibilities assumed by the department pursuant to 23 U.S.C. Secs. 326 and 327; and
(iv) the memorandum of understanding is in effect when the act or omission that is the subject of the federal lawsuit occurred.
Amended by Chapter 144, 2015 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 2 - Department of Transportation › Section 208 - Cooperation with counties, cities, towns, the federal government, and all state departments -- Inspection of work done by a public transit district.

Effective 5/4/2022
72-1-208.
Cooperation with counties, cities, towns, the federal government, and all state departments -- Inspection of work done by a public transit district.
(1) The department shall cooperate with the counties, cities, towns, and community reinvestment agencies in the construction, maintenance, and use of the highways and in all related matters, and may provide services to the counties, cities, towns, and community reinvestment agencies on terms mutually agreed upon.
(2) The department, with the approval of the governor, shall cooperate with the federal government in all federal-aid projects and with all state departments in all matters in connection with the use of the highways.
(3) The department:
(a) shall inspect all work done by a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit District Act, relating to safety appliances and procedures; and
(b) may make further additions or changes necessary for the purpose of safety to employees and the general public.
Amended by Chapter 69, 2022 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 2 - Department of Transportation › Section 208.5 - Definition -- Cooperation with metropolitan planning organizations -- Cooperation in plans and programs required.

72-1-208.5.
Definition -- Cooperation with metropolitan planning organizations -- Cooperation in plans and programs required.
(1) As used in this section, "metropolitan planning organization" means an organization established under 23 U.S.C. Sec. 134.
(2) The department shall cooperate with a metropolitan planning organization in the metropolitan planning organization's responsibility to carry out a continuing, cooperative, and comprehensive process for transportation planning and project programming.
(3) If a metropolitan planning organization has a contiguous boundary with another metropolitan planning organization, the department shall cooperate with those organizations if the metropolitan planning organizations have:
(a) coordinated project priorities, transportation plans, and transportation improvement programs; and
(b) submitted joint priorities, plans, and programs to the department as comprehensive, integrated transportation plans.
(4) Subject to the provisions of 23 U.S.C. Sec. 134, if the governor and the affected local units of government jointly determine that metropolitan planning organizations have failed to meet the guidelines under Subsection (3), the governor and local units of government may redesignate or realign the metropolitan planning organizations.
(5)
(a) A metropolitan planning organization is a governmental agency that is eligible to receive employment information from the Unemployment Insurance Division in accordance with Subsection 35A-4-312(5)(e) for the purpose of preparing transportation plans as required by 23 U.S.C. Sec. 134.
(b) Information obtained under Subsection (5)(a) is limited to the employer's:
(i) name;
(ii) worksite address;
(iii) industrial classification; and
(iv) number of employees.
Amended by Chapter 58, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 2 - Department of Transportation › Section 209 - Department to cooperate in programs relating to scenic centers.

Effective 7/1/2021
72-1-209.
Department to cooperate in programs relating to scenic centers.
The department shall cooperate in planning and promoting road-building programs into the scenic centers of the state and in providing camping grounds and facilities in scenic centers for tourists with:
(1) the Governor's Office of Economic Opportunity;
(2) other states;
(3) all national, state, and local planning and zoning agencies and boards;
(4) municipal and county officials; and
(5) other agencies.
Amended by Chapter 282, 2021 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 2 - Department of Transportation › Section 210 - Department to be assisted by faculties and personnel of universities.

72-1-210.
Department to be assisted by faculties and personnel of universities.
The engineering machinery and apparatus and the force of mechanics and instructors in the University of Utah and Utah State University are at the disposal of the department, and any faculty member of the institutions shall furnish any information or assistance desired upon request of the department.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 2 - Department of Transportation › Section 213.2 - Road Usage Charge Program Special Revenue Fund -- Revenue.

Effective 5/3/2023
72-1-213.2.
Road Usage Charge Program Special Revenue Fund -- Revenue.
(1) There is created an expendable special revenue fund within the Transportation Fund known as the "Road Usage Charge Program Special Revenue Fund."
(2)
(a) The fund shall be funded from the following sources:
(i) revenue collected by the department under Section 72-1-213.1;
(ii) appropriations made to the fund by the Legislature;
(iii) contributions from other public and private sources for deposit into the fund;
(iv) interest earnings on cash balances; and
(v) money collected for repayments and interest on fund money.
(b) If the revenue derived from the sources described in Subsection (2)(a) is insufficient to cover the costs of administering the road usage charge program, subject to Subsection 72-2-107(1), the department may transfer into the fund revenue deposited into the Transportation Fund from the fee described in Subsections 41-1a-1206(1)(h) and (2)(b) in an amount sufficient to enable the department to administer the road usage charge program.
(3)
(a) Revenue generated by the road usage charge program and relevant penalties shall be deposited into the Road Usage Charge Program Special Revenue Fund.
(b) Revenue in the Road Usage Charge Program Special Revenue Fund is nonlapsing.
(4) The department may use revenue deposited into the Road Usage Charge Program Special Revenue Fund:
(a) to cover the costs of administering the program; and
(b) for the purposes described in Subsection (5).
(5) If revenue collected by the department under Section 72-1-213.1 in a fiscal year is sufficient to cover all costs related to administering the road usage charge program in that fiscal year, the department shall deposit any excess revenue collected by the department under Section 72-1-213.1 from the Road Usage Charge Program Special Revenue Fund into the Transportation Fund for appropriation and apportionment in accordance with Section 72-2-107.
Amended by Chapter 22, 2023 General Session
Amended by Chapter 490, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 2 - Department of Transportation › Section 215 - Affordable housing study.

Effective 5/12/2020
72-1-215.
Affordable housing study.
(1) As used in this section, "moderate income housing unit" means a housing unit that has an appraised value that would allow, as estimated by the department, a household whose income is no more than 80% of the area median income to occupy the housing unit paying no more than 30% of the household's income for gross housing costs, including utilities.
(2) On or before September 15, the department shall provide a written report to the Economic Development and Workforce Services Interim Committee and to the Commission on Housing Affordability created in Section 35A-8-2201 that describes:
(a) the total number of housing units that were permanently vacated or destroyed as a result of department action in the previous fiscal year, including separate subtotals describing the total number of housing units with one bedroom, two bedrooms, three bedrooms, and four or more bedrooms, which were permanently vacated or destroyed as a result of department action in the previous fiscal year; and
(b) the total number of moderate income housing units that were permanently vacated or destroyed as a result of department action in the previous fiscal year, including separate subtotals describing the total number of moderate income housing units with one bedroom, two bedrooms, three bedrooms, and four or more bedrooms, which were permanently vacated or destroyed as a result of department action in the previous fiscal year.
Enacted by Chapter 268, 2020 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 2 - Department of Transportation › Section 216 - Statewide electric vehicle charging network plan -- Report.

Effective 7/1/2021
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.
Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 2 - Department of Transportation › Section 217 - Department of Transportation study items.

Effective 5/3/2023
72-1-217.
Department of Transportation study items.
(1) The department shall carry out transportation studies described in this section as resources allow.
(2)
(a) The department shall study items related to advanced air mobility as described in this Subsection (2).
(b) The department shall study vertiport locations and infrastructure, including:
(i) identification of suitable locations for vertiport infrastructure and parking infrastructure for vertiports in metropolitan areas;
(ii) identification of commuter rail stations that may be suitable for vertiport placement; and
(iii) identification of underutilized parking lots and parking structures for vertiport infrastructure placement.
(c) The department shall study best practices and implementation of advanced air mobility technologies, including:
(i) seeking input through community engagement;
(ii) state and local regulations;
(iii) unmanned aircraft system traffic management; and
(iv) weather reporting and monitoring for advanced air mobility safety.
(d) The department shall study unmanned aircraft traffic management infrastructure, including:
(i) unmanned aircraft system traffic management development, implementation, procedures, policies, and infrastructure; and
(ii) obtaining a full understanding of unmanned aircraft system traffic management, including:
(A) designation of airspace for advanced air mobility;
(B) creation of geographic categorical areas;
(C) identifying the appropriate number and location of advanced air mobility sensors; and
(D) other state specific details regarding unmanned aircraft system traffic management.
(e) The department shall study the creation of an advanced air mobility sandbox, including:
(i) potential locations for the sandbox testing area and desirable attributes of a suitable sandbox location;
(ii) requirements to create a geographical advanced air mobility testing area and the parameters for the types of technology that may be utilized in the testing area; and
(iii) testing and studying different types of advanced air mobility transportation of manned and unmanned aerial vehicles, including:
(A) aerial vehicle size;
(B) aerial vehicles that carry cargo, including medical cargo;
(C) commercial aerial vehicles; and
(D) public transportation aerial vehicles.
(f) On or before September 30, 2023, the department shall provide a report to the Transportation Interim Committee of the department's findings from the study items described in Subsections (2)(b) through (2)(e).
(g) The department may only use existing funds to cover the expenses incurred from the study of items described in Subsections (2)(b) through (2)(e).
Enacted by Chapter 366, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 3 - Transportation Commission › Section 301 - Transportation Commission created -- Members, appointment, terms -- Qualifications -- Pay and expenses -- Chair -- Quorum.

Effective 5/3/2023
72-1-301.
Transportation Commission created -- Members, appointment, terms -- Qualifications -- Pay and expenses -- Chair -- Quorum.
(1)
(a) There is created the Transportation Commission which shall consist of seven members.
(b) The members of the commission shall be residents of Utah.
(c) The members of the commission shall be selected on a nonpartisan basis.
(d) The commissioners shall, in accordance with Title 63G, Chapter 24, Part 2, Vacancies, be appointed by the governor, with the advice and consent of the Senate, for a term of six years, beginning on April 1 of odd-numbered years.
(e) The commissioners serve on a part-time basis.
(f) Each commissioner shall remain in office until a successor is appointed and qualified.
(2)
(a) Subject to the restriction in Subsection (2)(c), the selection of commissioners shall be as follows:
(i) four commissioners with one commissioner selected from each of the four regions established by the department; and
(ii) subject to the restriction in Subsection (2)(b), three commissioners selected from the state at large.
(b)
(i) At least one of the three commissioners appointed under Subsection (2)(a)(ii) shall be selected from a rural county.
(ii) For purposes of this Subsection (2)(b), a rural county is a county of the third, fourth, fifth, or sixth class.
(c) No more than two commissioners appointed under Subsection (2)(a) may be selected from any one of the four regions established by the department.
(3) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(4)
(a) One member of the commission shall be designated by the governor as chair.
(b) The commission may select one member as vice chair to act in the chair's absence.
(5) Any four commissioners constitute a quorum.
(6) Each member of the commission shall qualify by taking the constitutional oath of office.
(7) Each member of the commission is subject to the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
(8) For the purposes of Section 63J-1-504, the commission is not considered an agency.
Amended by Chapter 219, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 3 - Transportation Commission › Section 302 - Commission offices and meetings.

Effective 5/3/2023
72-1-302.
Commission offices and meetings.
(1) The commission shall hold regular public meetings at least quarterly.
(2) The commission may hold additional public meetings as determined by the chair of the commission in consultation with the executive director of the department.
Amended by Chapter 219, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 3 - Transportation Commission › Section 303 - Duties of commission.

Effective 5/3/2023
72-1-303.
Duties of commission.
(1) The commission has the following duties:
(a) determining priorities and funding levels of projects and programs in the state transportation systems and the capital development of new public transit facilities for each fiscal year based on project lists compiled by the department and taking into consideration the strategic initiatives described in Section 72-1-211;
(b) determining additions and deletions to state highways under Chapter 4, Designation of State Highways Act;
(c) holding public meetings and otherwise providing for public input in transportation matters;
(d) making policies and rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to perform the commission's duties described under this section;
(e) in accordance with Section 63G-4-301, reviewing orders issued by the executive director in adjudicative proceedings held in accordance with Title 63G, Chapter 4, Administrative Procedures Act;
(f) advising the department on state transportation systems policy;
(g) approving settlement agreements of condemnation cases subject to Section 63G-10-401;
(h) in accordance with Section 17B-2a-807, appointing a commissioner to serve as a nonvoting member or a voting member on the board of trustees of a public transit district;
(i) in accordance with Section 17B-2a-808, reviewing, at least annually, the short-term and long-range public transit plans; and
(j) reviewing administrative rules made, substantively amended, or repealed by the department.
(2)
(a) For projects prioritized with funding provided under Sections 72-2-124 and 72-2-125, the commission shall annually report to a committee designated by the Legislative Management Committee:
(i) a prioritized list of the new transportation capacity projects in the state transportation system and the funding levels available for those projects; and
(ii) the unfunded highway construction and maintenance needs within the state.
(b) The committee designated by the Legislative Management Committee under Subsection (2)(a) shall:
(i) review the list reported by the Transportation Commission; and
(ii) make a recommendation to the Legislature on:
(A) the amount of additional funding to allocate to transportation; and
(B) the source of revenue for the additional funding allocation under Subsection (2)(b)(ii)(A).
(3) The commission shall review and may approve plans for the construction of a highway facility over sovereign lakebed lands in accordance with Chapter 6, Part 3, Approval of Highway Facilities on Sovereign Lands Act.
(4) One or more associations representing airport operators or pilots in the state shall annually report to the commission recommended airport improvement projects and any other information related to the associations' expertise and relevant to the commission's duties.
Amended by Chapter 219, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 3 - Transportation Commission › Section 305 - Project selection using the written prioritization process -- Public comment -- Report.

Effective 5/3/2023
72-1-305.
Project selection using the written prioritization process -- Public comment -- Report.
(1) Except as provided in Subsection (4), in determining priorities and funding levels of projects in the state transportation system under Subsection 72-1-303(1)(a) that are new transportation capacity projects, the commission shall use the weighted criteria system adopted in the written prioritization process under Section 72-1-304.
(2) Prior to finalizing priorities and funding levels of projects in the state transportation system, the commission shall conduct public meetings at locations around the state and accept public comments on:
(a) the written prioritization process;
(b) the merits of new transportation capacity projects that will be prioritized under this section; and
(c) the merits of new transportation capacity projects as recommended by a consensus of local elected officials participating in a metropolitan planning organization as defined in Section 72-1-208.5.
(3) The commission shall make the weighted criteria system ranking for each project publicly available prior to the public meetings held under Subsection (2).
(4)
(a) If the commission prioritizes a project over another project with a higher rank under the weighted criteria system, the commission shall identify the change and accept public comment at a meeting held under this section on the merits of prioritizing the project above higher ranked projects.
(b) The commission shall make the reasons for the prioritization under Subsection (4)(a) publicly available.
(5)
(a) The executive director or the executive director's designee shall report annually to the governor and a committee designated by the Legislative Management Committee no later than the last day of October:
(i) the projects prioritized under this section during the year prior to the report; and
(ii) the status and progress of all projects prioritized under this section.
(b) Annually, before any funds are programmed and allocated from the Transit Transportation Investment Fund created in Section 72-2-124 for each fiscal year, the executive director or the executive director's designee, along with the executive director of a large public transit district as described in Section 17B-2a-802, shall report to the governor and a committee designated by the Legislative Management Committee no later than the last day of October:
(i) the public transit projects prioritized under this section during the year prior to the report; and
(ii) the status and progress of all public transit projects prioritized under this section.
(6) The department shall annually report to the Transportation Commission on the status of new capacity transportation projects, including projects that were funded by the Legislature in an appropriations act.
Amended by Chapter 22, 2023 General Session
Amended by Chapter 219, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 102 - Transportation Fund.

72-2-102.
Transportation Fund.
(1) There is created a fund entitled the "Transportation Fund."
(2) Transportation Fund money shall be used exclusively for highway purposes as provided in this title.
Enacted by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 103 - Limitations on Transportation Fund appropriations to agencies not a part of the Department of Transportation -- Exceptions.

Effective 5/9/2017
72-2-103.
Limitations on Transportation Fund appropriations to agencies not a part of the Department of Transportation -- Exceptions.
(1) Except as provided under Subsection (2), the amount appropriated or transferred from the Transportation Fund each year may not exceed a combined total of $11,600,000 to:
(a) the Department of Public Safety;
(b) the State Tax Commission;
(c) the Division of Finance; and
(d) any other state agency that is not a part of the Department of Transportation.
(2) The following amounts are exempt from the appropriation and transfer limitations of Subsection (1):
(a) amounts deposited in the Department of Public Safety Restricted Account created under Section 53-3-106;
(b) revenue generated by the uninsured motorist identification fee under Section 41-1a-1218;
(c) revenue generated by the motor carrier fee under Section 41-1a-1219; and
(d) revenue generated by the Motorcycle Rider Education Program under Section 53-3-905.
Amended by Chapter 96, 2017 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 104 - Budget.

72-2-104.
Budget.
(1) The department shall prepare and submit to the governor, to be included in his budget to be submitted to the Legislature, a budget of the requirements for the operation of the department for the fiscal year following the convening of the Legislature.
(2) This budget shall be so separated, in relation to the various functions of the department, so as to allow the separate determination of funds for deposit into the Transportation Fund and into any other special funds which are required by law to be utilized for specific purposes and which are separately maintained by the department for those purposes.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 105 - Budgetary accounts within Transportation Fund -- Disposition of unexpended balances.

72-2-105.
Budgetary accounts within Transportation Fund -- Disposition of unexpended balances.
(1) The amount designated by the Legislature, out of which the items budgeted shall be paid, shall be established in appropriation and allotment accounts within the Transportation Fund.
(2) At the close of the biennium all unexpended balances remaining in the accounts so budgeted shall be closed to the fund balance account of the Transportation Fund.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 106 - Appropriation and transfers from Transportation Fund.

Effective 5/3/2023
72-2-106.
Appropriation and transfers from Transportation Fund.
(1) On and after July 1, 1981, there is appropriated from the Transportation Fund to the use of the department an amount equal to two-elevenths of the taxes collected from the motor fuel tax and the special fuel tax, exclusive of the formula amount appropriated for class B and class C roads, to be used for highway rehabilitation.
(2) For a fiscal year beginning on or after July 1, 2016, the Division of Finance shall annually transfer an amount equal to the amount of revenue generated by a tax imposed on motor and special fuel that is sold, used, or received for sale or used in this state at a rate of 1.8 cents per gallon to the Transportation Investment Fund of 2005 created by Section 72-2-124.
(3) For a fiscal year beginning on or after July 1, 2019, the Division of Finance shall annually transfer to the Transportation Investment Fund of 2005 created by Section 72-2-124 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.
(4) For purposes of the calculation described in Subsection 59-12-103(7)(c), the Division of Finance shall notify the State Tax Commission of the amount of any transfer made under Subsections (2) and (3).
Amended by Chapter 22, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 107 - Appropriation from Transportation Fund -- Apportionment for class B and class C roads.

Effective 5/3/2023
72-2-107.
Appropriation from Transportation Fund -- Apportionment for class B and class C roads.
(1) There is appropriated to the department from the Transportation Fund annually an amount equal to 30% of an amount which the director of finance shall compute in the following manner: The total revenue deposited into the Transportation Fund during the fiscal year from state highway-user taxes and fees, minus those amounts appropriated or transferred from the Transportation Fund during the same fiscal year to:
(a) the Department of Public Safety;
(b) the State Tax Commission;
(c) the Division of Finance;
(d) the Utah Travel Council;
(e) except as provided in Section 72-1-213.2, the road usage charge program created in Section 72-1-213.1; and
(f) any other amounts appropriated or transferred for any other state agencies not a part of the department.
(2)
(a) Except as provided in Subsections (2)(b) and (c), all of the money appropriated in Subsection (1) shall be apportioned among counties and municipalities for class B and class C roads as provided in this title.
(b) The department shall annually transfer $500,000 of the amount calculated under Subsection (1) to the State Park Access Highways Improvement Program created in Section 72-3-207.
(c) Administrative costs of the department to administer class B and class C roads shall be paid from funds calculated under Subsection (1).
(3) Each quarter of every year the department shall make the necessary accounting entries to transfer the money appropriated under this section for class B and class C roads.
(4) The funds appropriated for class B and class C roads shall be expended under the direction of the department as the Legislature shall provide.
Amended by Chapter 22, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 109 - Rules for uniform accounting -- Apportionment and use of class B and class C road funds -- Compliance with federal-aid provisions -- Duties of department.

72-2-109.
Rules for uniform accounting -- Apportionment and use of class B and class C road funds -- Compliance with federal-aid provisions -- Duties of department.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules providing for uniform accounting of funds to be expended upon class B and C roads as required by the federal government under Title 23, United States Code Annotated, relating to federal aid for highway purposes together with all amendatory acts.
(2) The department shall cooperate with the county governing bodies and the governing officials of the cities and towns in the apportionment and use of class B and C road funds.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 110 - Funds allocated to class B and class C roads -- Matching federal funds -- R.S. 2477 rights.

Effective 9/17/2018
72-2-110.
Funds allocated to class B and class C roads -- Matching federal funds -- R.S. 2477 rights.
A county or municipality may:
(1) use funds which are allocated to class B and class C roads for matching federal funds for the construction of secondary roads now available or which may later become available in accordance with the provisions of law; and
(2) use up to 30% of the class B and class C road funds allocated to the county or municipality to:
(a) pay the costs of asserting, defending, or litigating local government rights under R.S. 2477 on class B, class C, or class D roads; or
(b) maintain class D roads.
Amended by Chapter 8, 2018 Special Session 2
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 111 - Assent to federal acts on federal aid for highway purposes -- Department to represent state -- Pledge of funds -- Rulemaking authority -- Contracts for energy conservation.

72-2-111.
Assent to federal acts on federal aid for highway purposes -- Department to represent state -- Pledge of funds -- Rulemaking authority -- Contracts for energy conservation.
(1)
(a) The Legislature assents to all the provisions of Title 23, Highways, U.S.C., relating to federal aid for highway purposes, and all amendatory acts.
(b) The department may:
(i) enter into a contract or agreement with the United States government relating to the survey, construction, and maintenance of highways under a federal act;
(ii) submit a scheme or program of construction and maintenance required by a federal agency; and
(iii) do any other thing necessary to fully carry out the cooperation contemplated and provided for by a federal act.
(c) The good faith of the state is pledged to make available sufficient funds to match the sums apportioned to the state by the United States government:
(i) for the construction of federal-aid highways; and
(ii) to provide adequate maintenance for federal-aid highways.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to encourage car pools and van pools in order to save energy.
(3) The department may contract with individuals, associations, or corporations to accomplish energy conservation and encouragement of car and van pooling.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 112 - Transportation department authorized to participate in federal program -- Prohibition against spending certain transportation funds.

72-2-112.
Transportation department authorized to participate in federal program -- Prohibition against spending certain transportation funds.
(1) Notwithstanding any law to the contrary, the department is empowered to participate in the deferred payment program authorized by Congress in Public Law 94-30.
(2) Any indebtedness incurred by the department under this section shall be paid from state transportation funds as appropriated.
(3)
(a) As used in this Subsection (3):
(i) "Apportioned" means divided or assigned among the states based on a prescribed formula established in 23 U.S.C.
(ii) "Authorization act" means an act of Congress enacted after July 1, 2009 that authorizes transportation programs from the Highway Trust Fund established in 26 U.S.C. Sec. 9503.
(b) The state, including any agency, department, or division of the state, may not spend project-specific funds that are allocated through an authorization act for a transportation-related project that is eligible for funds apportioned to the state in support of the statewide transportation improvement program unless the specified project is included on the statewide transportation improvement program.
Amended by Chapter 332, 2009 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 113 - Rulemaking for cost limitations on contracts -- Auditing for compliance -- Federal accounting and audit standards.

72-2-113.
Rulemaking for cost limitations on contracts -- Auditing for compliance -- Federal accounting and audit standards.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules for determining the allowability of costs included in contracts entered into by the department for engineering and design services. The rules shall comply with the provisions of 23 U.S.C. Section 112.
(2) The department may require a provider of engineering or design services to submit annual audits or to submit to audits to determine compliance with the rules made under Subsection (1). The audits may not be duplicative of federal audits under the Federal Acquisition Regulations System, 48 C.F.R. Part 31.
(3) All engineering and design contracts and subcontracts entered into by the department shall be accounted for and audited in compliance with the Federal Acquisition Regulations System, 48 C.F.R. Part 31.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 114 - Transfer of money -- Debt service.

72-2-114.
Transfer of money -- Debt service.
(1) When there are insufficient appropriations or money available from other legal sources to pay interest on any bond anticipation notes issued under the authority of Title 63B, Chapter 6, Part 3, 1997 Highway Bond Anticipation Note Authorization, the Division of Finance shall inform the department of the amount necessary to pay that interest.
(2) After receiving notice under Subsection (1), the department shall transfer money from any available source other than the Transportation Fund to the Division of Finance for deposit into the Debt Service Fund to pay interest on bond anticipation notes issued under the authority of Title 63B, Chapter 6, Part 3, 1997 Highway Bond Anticipation Note Authorization.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 115 - Transportation Fund balance -- Income -- Allocation.

72-2-115.
Transportation Fund balance -- Income -- Allocation.
All interest and earnings and other income derived from the Transportation Fund balance shall be credited to the Transportation Fund, including the collector road and B and C road accounts in proportion to the various fund account balances on an average monthly balance basis.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 116 - Gifts, bequests, and donations part of Transportation Fund -- Expenditure.

72-2-116.
Gifts, bequests, and donations part of Transportation Fund -- Expenditure.
(1) Gifts, bequests, and donations by individuals, corporations, or societies to the state for road building purposes shall become part of the Transportation Fund, and shall be expended for state highway purposes.
(2) Gifts, bequests, or donations made to any county shall be expended under the direction of the county legislative body.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 118 - Centennial Highway Fund.

Effective 5/8/2018
72-2-118.
Centennial Highway Fund.
(1) There is created a capital projects fund entitled the Centennial Highway Fund within the Transportation Investment Fund of 2005 created by Section 72-2-124.
(2) The account consists of money generated from the following revenue sources:
(a) any voluntary contributions received for the construction, reconstruction, or renovation of state or federal highways; and
(b) appropriations made to the fund by the Legislature.
(3)
(a) The fund shall earn interest.
(b) All interest earned on fund money shall be deposited into the fund.
(4) The executive director may use fund money, as prioritized by the Transportation Commission, only to pay the costs of construction, reconstruction, or renovation to state and federal highways.
(5) When the highway general obligation bonds have been paid off and the highway projects completed that are intended to be paid from revenues deposited in the account as determined by the Executive Appropriations Committee under Subsection (6)(c), the Division of Finance shall transfer any existing balance in the account into the Transportation Investment Fund of 2005 created by Section 72-2-124.
(6)
(a) The Division of Finance shall monitor the highway general obligation bonds that are being paid from revenues deposited in the fund.
(b) The department shall monitor the highway construction, reconstruction, or renovation projects that are being paid from revenues deposited in the fund.
(c) The department shall notify the State Tax Commission and the Division of Finance when:
(i) all highway general obligation bonds that are intended to be paid from revenues deposited in the fund have been paid off; and
(ii) all highway projects that are intended to be paid from revenues deposited in the account have been completed.
Amended by Chapter 281, 2018 General Session