72-2-121.  County of the First Class Highway Projects Fund.

(1)  There is created a special revenue fund within the Transportation Fund known as the “County of the First Class Highway Projects Fund.”

Terms Used In Utah Code 72-2-121

  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
  • Executive director: means the executive director of the department appointed under Section 72-1-202. See Utah Code 72-1-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
  • Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
  • Right-of-way: means real property or an interest in real property, usually in a strip, acquired for or devoted to state transportation purposes. See Utah Code 72-1-102
  • Road: includes :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)  The fund consists of money generated from the following revenue sources:

(a)  any voluntary contributions received for new construction, major renovations, and improvements to highways within a county of the first class;

(b)  the portion of the sales and use tax described in Subsection 59-12-2214(3)(b) deposited into or transferred to the fund;

(c)  the portion of the sales and use tax described in Section 59-12-2217 deposited into or transferred to the fund;

(d)  a portion of the local option highway construction and transportation corridor preservation fee imposed in a county of the first class under Section 41-1a-1222 deposited into or transferred to the fund; and

(e)  the portion of the sales and use tax transferred into the fund as described in Subsections 59-12-2220(4)(a) and 59-12-2220(11)(b).

(3) 

(a)  The fund shall earn interest.

(b)  All interest earned on fund money shall be deposited into the fund.

(4)  Subject to Subsection (9), the executive director shall use the fund money only:

(a)  to pay debt service and bond issuance costs for bonds issued under Sections 63B-16-102, 63B-18-402, and 63B-27-102;

(b)  for right-of-way acquisition, new construction, major renovations, and improvements to highways within a county of the first class and to pay any debt service and bond issuance costs related to those projects, including improvements to a highway located within a municipality in a county of the first class where the municipality is located within the boundaries of more than a single county;

(c)  for the construction, acquisition, use, maintenance, or operation of:

(i)  an active transportation facility for nonmotorized vehicles;

(ii)  multimodal transportation that connects an origin with a destination; or

(iii)  a facility that may include a:

(A)  pedestrian or nonmotorized vehicle trail;

(B)  nonmotorized vehicle storage facility;

(C)  pedestrian or vehicle bridge; or

(D)  vehicle parking lot or parking structure;

(d)  to transfer to the 2010 Salt Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the amount required in Subsection 72-2-121.3(4)(c) minus the amounts transferred in accordance with Subsection 72-2-124(4)(a)(iv);

(e)  for a fiscal year beginning on or after July 1, 2013, to pay debt service and bond issuance costs for $30,000,000 of the bonds issued under Section 63B-18-401 for the projects described in Subsection 63B-18-401(4)(a);

(f)  for a fiscal year beginning on or after July 1, 2013, and after the department has verified that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund, to transfer an amount equal to 50% of the revenue generated by the local option highway construction and transportation corridor preservation fee imposed under Section 41-1a-1222 in a county of the first class:

(i)  to the legislative body of a county of the first class; and

(ii)  to be used by a county of the first class for:

(A)  highway construction, reconstruction, or maintenance projects; or

(B)  the enforcement of state motor vehicle and traffic laws;

(g)  for a fiscal year beginning on or after July 1, 2015, after the department has verified that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and the transfer under Subsection (4)(e) has been made, to annually transfer an amount of the sales and use tax revenue imposed in a county of the first class and deposited into the fund in accordance with Subsection 59-12-2214(3)(b) equal to an amount needed to cover the debt to:

(i)  the appropriate debt service or sinking fund for the repayment of bonds issued under Section 63B-27-102; and

(ii)  the appropriate debt service or sinking fund for the repayment of bonds issued under Sections 63B-31-102 and 63B-31-103;

(h)  after the department has verified that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and after the transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the transfer under Subsection (4)(g)(i) has been made, to annually transfer $2,000,000 to a public transit district in a county of the first class to fund a system for public transit;

(i)  for a fiscal year beginning on or after July 1, 2018, after the department has verified that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and after the transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the transfer under Subsection (4)(g)(i) has been made, to annually transfer 20% of the amount deposited into the fund under Subsection (2)(b):

(i)  to the legislative body of a county of the first class; and

(ii)  to fund parking facilities in a county of the first class that facilitate significant economic development and recreation and tourism within the state;

(j)  for the 2018-19 fiscal year only, after the department has verified that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and after the transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the transfers under Subsections (4)(g), (h), and (i) have been made, to transfer $12,000,000 to the department to distribute for the following projects:

(i)  $2,000,000 to West Valley City for highway improvement to 4100 South;

(ii)  $1,000,000 to Herriman for highway improvements to Herriman Boulevard from 6800 West to 7300 West;

(iii)  $1,100,000 to South Jordan for highway improvements to Grandville Avenue;

(iv)  $1,800,000 to Riverton for highway improvements to Old Liberty Way from 13400 South to 13200 South;

(v)  $1,000,000 to Murray City for highway improvements to 5600 South from State Street to Van Winkle;

(vi)  $1,000,000 to Draper for highway improvements to Lone Peak Parkway from 11400 South to 12300 South;

(vii)  $1,000,000 to Sandy City for right-of-way acquisition for Monroe Street;

(viii)  $900,000 to South Jordan City for right-of-way acquisition and improvements to 10200 South from 2700 West to 3200 West;

(ix)  $1,000,000 to West Jordan for highway improvements to 8600 South near Mountain View Corridor;

(x)  $700,000 to South Jordan right-of-way improvements to 10550 South; and

(xi)  $500,000 to Salt Lake County for highway improvements to 2650 South from 7200 West to 8000 West; and

(k)  subject to Subsection (5), for a fiscal year beginning on or after July 1, 2021, and for 15 years thereafter, to annually transfer the following amounts to the following cities, metro townships, and the county of the first class for priority projects to mitigate congestion and improve transportation safety:

(i)  $2,000,000 to Sandy;

(ii)  $2,000,000 to Taylorsville;

(iii)  $1,100,000 to Salt Lake City;

(iv)  $1,100,000 to West Jordan;

(v)  $1,100,000 to West Valley City;

(vi)  $800,000 to Herriman;

(vii)  $700,000 to Draper;

(viii)  $700,000 to Riverton;

(ix)  $700,000 to South Jordan;

(x)  $500,000 to Bluffdale;

(xi)  $500,000 to Midvale;

(xii)  $500,000 to Millcreek;

(xiii)  $500,000 to Murray;

(xiv)  $400,000 to Cottonwood Heights; and

(xv)  $300,000 to Holladay.

(5) 

(a)  If revenue in the fund is insufficient to satisfy all of the transfers described in Subsection (4)(k), the executive director shall proportionately reduce the amounts transferred as described in Subsection (4)(k).

(b)  A local government entity, as that term is defined in Section 63J-1-220, is exempt from entering into an agreement as described in Section 63J-1-220 pertaining to the receipt or expenditure of any funding described in Subsection (4)(k).

(c)  A local government may not use revenue described in Subsection (4)(k) to supplant existing class B or class C road funds that a local government has budgeted for transportation projects.

(d) 

(i)  A municipality or county that received a transfer of funds described in Subsection (4)(j) shall submit to the department a statement of cash flow and progress pertaining to the municipality’s or county’s respective project described in Subsection (4)(j).

(ii)  After the department is satisfied that the municipality or county described in Subsection (4)(j) has made substantial progress and the expenditure of funds is programmed and imminent, the department may transfer to the same municipality or county the respective amounts described in Subsection (4)(k).

(6)  The revenues described in Subsections (2)(b), (c), and (d) that are deposited into the fund and bond proceeds from bonds issued under Sections 63B-16-102, 63B-18-402, and 63B-27-102 are considered a local matching contribution for the purposes described under Section 72-2-123.

(7)  The additional administrative costs of the department to administer this fund shall be paid from money in the fund.

(8)  Subject to Subsection (9), and notwithstanding any statutory or other restrictions on the use or expenditure of the revenue sources deposited into this fund, the Department of Transportation may use the money in this fund for any of the purposes detailed in Subsection (4).

(9)  Any revenue deposited into the fund as described in Subsection (2)(e) shall be used to provide funding or loans for public transit projects, operations, and supporting infrastructure in the county of the first class.

Amended by Chapter 529, 2023 General Session

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