Utah Code 59-12-2217. County option sales and use tax for transportation — Base — Rate — Written prioritization process — Approval by county legislative body

59-12-2217. County option sales and use tax for transportation — Base — Rate — Written prioritization process — Approval by county legislative body.

(1)	Subject to the other provisions of this part, and subject to Subsection (8), a county legislative body may impose a sales and use tax of up to .25% on the transactions described in Subsection 59-12-103(1) within the county, including the cities and towns within the county.

Terms Used In Utah Code 59-12-2217

Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Contract: A legal written agreement that becomes binding when signed.
Council of governments: means the same as that term is defined in Section 72-2-117. See Utah Code 59-12-2202
County legislative body: means :Utah Code 68-3-12.5
Fixed guideway: means the same as that term is defined in Section 59-12-102. See Utah Code 59-12-2202
Highway: includes :Utah Code 68-3-12.5
Large public transit district: means the same as that term is defined in Section 17B-2a-802. See Utah Code 59-12-2202
Metropolitan planning organization: means the same as that term is defined in Section 72-1-208. See Utah Code 59-12-2202
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 59-12-2202
Public transit district: means the same as that term is defined in Section 17B-2a-802. See Utah Code 59-12-2202
Public transit service: means a service provided as part of public transit. See Utah Code 59-12-2202
Regionally significant transportation facility: means :

(a)

in a county of the first or second class:

(i)	a principal arterial highway;

(ii)	a minor arterial highway;

(iii)

a fixed guideway that:

(A)	extends across two or more cities or unincorporated areas; or

(B)	is an extension to an existing fixed guideway; or

(iv)	an airport of regional significance; or

(b)

in a county of the second class that is not part of a large public transit district, or in a county of the third, fourth, fifth, or sixth class:

(i)	a principal arterial highway;

(ii)	a minor arterial highway;

(iii)

a major collector highway;

(iv)	a minor collector road; or

(v)

an airport of regional significance. See Utah Code 59-12-2202

Road: includes :Utah Code 68-3-12.5

Use: means the exercise of any right or power over tangible personal property, a product transferred electronically, or a service under Subsection 59-12-103(1), incident to the ownership or the leasing of that tangible personal property, product transferred electronically, or service. See Utah Code 59-12-102

(2)

(a)	Except as provided in Subsection (2)(b), and subject to Subsections (3) through (6) and Section 59-12-2207, the revenue collected from a sales and use tax under this section may only be expended as described in Section 59-12-2212.2.

(b)

Subject to Subsections (3) through (6), in a county of the first or second class, or if a county is part of an area metropolitan planning organization, that portion of the county within the metropolitan planning organization, the revenue collected from a sales and use tax under this section may only be expended as described in Section 59-12-2212.2, and only if the expenditure is for:

(i)

a project or service:

(A)	relating to a regionally significant transportation facility or collector road for the portion of the project or service that is performed within the county;

(B)	for new capacity or congestion mitigation, and not for operation or maintenance, if the project or service is performed within the county; and

(C)	on a priority list created by the county’s council of governments in accordance with Subsection (5) and approved by the county legislative body in accordance with Subsection (5);

(ii)	corridor preservation for a project or service described in Subsection (2)(b)(i)(A) or (B); or

(iii)

debt service or bond issuance costs related to a project or service described in Subsection (2)(b)(i)(A) or (B).

(c)	The restriction in Subsection (2)(b)(i)(B) from using revenue for operation or maintenance does not apply to any revenue subject to rights or obligations under a contract entered into before January 1, 2019, between a county and a public transit district.

(3)

For revenue expended under this section for a project or service described in Subsection (2) that is on or part of a regionally significant transportation facility and that constructs or adds a new through lane or interchange, or provides new fixed guideway public transit service, the project shall be part of:

(a)	the statewide long-range plan; or

(b)	a regional transportation plan of the area metropolitan planning organization if a metropolitan planning organization area exists for the area.

(4)

(a)

As provided in this Subsection (4), a council of governments shall:

(i)	develop a written prioritization process for the prioritization of projects to be funded by revenues collected from a sales and use tax under this section;

(ii)	create a priority list of transportation projects or services described in Section 59-12-2212.2 in accordance with Subsection (5); and

(iii)

present the priority list to the county legislative body for approval in accordance with Subsection (5).

(b)

The written prioritization process described in Subsection (4)(a)(i) shall include:

(i)	a definition of the type of projects to which the written prioritization process applies;

(ii)	subject to Subsection (4)(c), the specification of a weighted criteria system that the council of governments will use to rank proposed projects and how that weighted criteria system will be used to determine which proposed projects will be prioritized;

(iii)

the specification of data that is necessary to apply the weighted criteria system;

(iv)	application procedures for a project to be considered for prioritization by the council of governments; and

(v)	any other provision the council of governments considers appropriate.

(c)

The weighted criteria system described in Subsection (4)(b)(ii) shall include the following:

(i)	the cost effectiveness of a project;

(ii)	the degree to which a project will mitigate regional congestion;

(iii)

the compliance requirements of applicable federal laws or regulations;

(iv)	the economic impact of a project;

(v)	the degree to which a project will require tax revenues to fund maintenance and operation expenses; and

(vi)	any other provision the council of governments considers appropriate.

(d)

A council of governments of a county of the first or second class shall submit the written prioritization process described in Subsection (4)(a)(i) to the Executive Appropriations Committee for approval prior to taking final action on:

(i)	the written prioritization process; or

(ii)	any proposed amendment to the written prioritization process.

(5)

(a)

A council of governments shall use the weighted criteria system adopted in the written prioritization process developed in accordance with Subsection (4) to create a priority list of transportation projects or services for which revenues collected from a sales and use tax under this section may be expended.

(b)

Before a council of governments may finalize a priority list or the funding level of a project, the council of governments shall conduct a public meeting on:

(i)	the written prioritization process; and

(ii)	the merits of the projects that are prioritized as part of the written prioritization process.

(c)	A council of governments shall make the weighted criteria system ranking for each project prioritized as part of the written prioritization process publicly available before the public meeting required by Subsection (5)(b) is held.

(d)

If a council of governments prioritizes a project over another project with a higher rank under the weighted criteria system, the council of governments shall:

(i)	identify the reasons for prioritizing the project over another project with a higher rank under the weighted criteria system at the public meeting required by Subsection (5)(b); and

(ii)	make the reasons described in Subsection (5)(d)(i) publicly available.

(e)

Subject to Subsections (5)(f) and (g), after a council of governments finalizes a priority list in accordance with this Subsection (5), the council of governments shall:

(i)	submit the priority list to the county legislative body for approval; and

(ii)	obtain approval of the priority list from a majority of the members of the county legislative body.

(f)	A council of governments may only submit one priority list per calendar year to the county legislative body.

(g)	A county legislative body may only consider and approve one priority list submitted under Subsection (5)(e) per calendar year.

(6)

In a county of the first class, revenues collected from a sales and use tax under this section that a county allocates for a purpose described in Section 59-12-2212.2 shall be:

(a)	deposited in or transferred to the County of the First Class Highway Projects Fund created by Section 72-2-121; and

(b)	expended as provided in Section 72-2-121.

(7)	Notwithstanding Section 59-12-2208, a county legislative body may, but is not required to, submit an opinion question to the county’s registered voters in accordance with Section 59-12-2208 to impose a sales and use tax under this section.

(8)

(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 (8)(a), any sales and use tax imposed under this section on or before June 30, 2022, may remain in effect.

Amended by Chapter 377, 2020 General Session

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