72-1 - Department of Transportation Administration Act

Title 72 > 72-1

Sections (27)

General Provisions

72-1-101 - Title.

(1) This title is known as the “Transportation Code.”

(2) This chapter is known as the “Department of Transportation Administration Act.”

Renumbered and Amended by Chapter 270, 1998 General Session

72-1-102 - Definitions.

As used in this title:

(1) “Circulator alley” means a publicly owned passageway:with a right-of-way width of 20 feet or greater;located within a master planned community;established by the city having jurisdictional authority as part of the street network for traffic circulation that may also be used for:garbage collection;access to residential garages; oraccess rear entrances to a commercial establishment; andconstructed with a bituminous or concrete pavement surface.

(2) “Commission” means the Transportation Commission created under Section 72-1-301.

(3) “Construction” means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites.

(4) “Department” means the Department of Transportation created in Section 72-1-201.

(5) “Executive director” means the executive director of the department appointed under Section 72-1-202.

(6) “Farm tractor” has the meaning set forth in Section 41-1a-102.

(7) “Federal aid primary highway” means that portion of connected main highways located within this state officially designated by the department and approved by the United States Secretary of Transportation under Title 23, Highways, U.S.C.

(8) “Fixed guideway” means the same as that term is defined in Section 59-12-102.

(9) “Fixed guideway capital development” means a project to construct or reconstruct a public transit fixed guideway facility that will add capacity to a fixed guideway public transit facility.”Fixed guideway capital development” includes:a project to strategically double track commuter rail lines; anda project to develop and construct public transit facilities and related infrastructure pertaining to the Point of the Mountain State Land Authority created in Section 11-59-201.

(10) “Greenfield” means the same as that term is defined in Section 17C-1-102.

(11) “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.

(12) “Highway authority” means the department or the legislative, executive, or governing body of a county or municipality.

(13) “Housing and transit reinvestment zone” means the same as that term is defined in Section 63N-3-602.

(14) “Implement of husbandry” has the meaning set forth in Section 41-1a-102.

(15) “Interstate system” means any highway officially designated by the department and included as part of the national interstate and defense highways, as provided in the Federal Aid Highway Act of 1956 and any supplemental acts or amendments.

(16) “Large public transit district” means the same as that term is defined in Section 17B-2a-802.

(17) “Limited-access facility” means a highway especially designated for through traffic, and over, from, or to which neither owners nor occupants of abutting lands nor other persons have any right or easement, or have only a limited right or easement of access, light, air, or view.

(18) “Master planned community” means a land use development:designated by the city as a master planned community; andcomprised of a single development agreement for a development larger than 500 acres.

(19) “Motor vehicle” has the same meaning set forth in Section 41-1a-102.

(20) “Municipality” has the same meaning set forth in Section 10-1-104.

(21) “National highway systems highways” means that portion of connected main highways located within this state officially designated by the department and approved by the United States Secretary of Transportation under Title 23, Highways, U.S.C.

(22) “Port-of-entry” means a fixed or temporary facility constructed, operated, and maintained by the department where drivers, vehicles, and vehicle loads are checked or inspected for compliance with state and federal laws as specified in Section 72-9-501.”Port-of-entry” includes inspection and checking stations and weigh stations.

(23) “Port-of-entry agent” means a person employed at a port-of-entry to perform the duties specified in Section 72-9-501.

(24) “Public transit” means the same as that term is defined in Section 17B-2a-802.

(25) “Public transit facility” means a fixed guideway, transit vehicle, transit station, depot, passenger loading or unloading zone, parking lot, or other facility:leased by or operated by or on behalf of a public transit district; andrelated to the public transit services provided by the district, including:railway or other right-of-way;railway line; anda reasonable area immediately adjacent to a designated stop on a route traveled by a transit vehicle.

(26) “Right-of-way” means real property or an interest in real property, usually in a strip, acquired for or devoted to state transportation purposes.

(27) “Sealed” does not preclude acceptance of electronically sealed and submitted bids or proposals in addition to bids or proposals manually sealed and submitted.

(28) “Semitrailer” has the meaning set forth in Section 41-1a-102.

(29) “SR” means state route and has the same meaning as state highway as defined in this section.

(30) “State highway” means those highways designated as state highways in Title 72, Chapter 4, Designation of State Highways Act.

(31) “State transportation purposes” has the meaning set forth in Section 72-5-102.

(32) “State transportation systems” means all streets, alleys, roads, highways, pathways, and thoroughfares of any kind, including connected structures, airports, aerial corridor infrastructure, spaceports, public transit facilities, and all other modes and forms of conveyance used by the public.

(33) “Trailer” has the meaning set forth in Section 41-1a-102.

(34) “Transportation corridor” means the path or proposed path of a transportation facility that exists or that may exist in the future.”Transportation corridor” may include:the land occupied or that may be occupied by a transportation facility; andany other land that may be needed for expanding, operating, or controlling access to the transportation facility.

(35) “Transportation facility” means:a highway; ora fixed guideway.

(36) “Transportation reinvestment zone” means a transportation reinvestment zone created pursuant to Section 11-13-227.

(37) “Truck tractor” has the meaning set forth in Section 41-1a-102.

(38) “UDOT” means the Utah Department of Transportation.

(39) “Vehicle” has the same meaning set forth in Section 41-1a-102.

Amended by Chapter 373, 2025 General Session

Department of Transportation

72-1-201 - Creation of Department of Transportation — Functions, powers, duties, rights, and responsibilities.

(1) There is created the Department of Transportation which shall:have the general responsibility for planning, research, design, construction, maintenance, security, and safety of state transportation systems;provide administration for state transportation systems and programs;implement the transportation policies of the state;plan, develop, construct, and maintain state transportation systems that are safe, reliable, environmentally sensitive, and serve the needs of the traveling public, commerce, and industry;establish standards and procedures regarding the technical details of administration of the state transportation systems as established by statute and administrative rule;advise the governor and the Legislature about state transportation systems needs;coordinate with utility companies for the reasonable, efficient, and cost-effective installation, maintenance, operation, relocation, and upgrade of utilities within state highway rights-of-way;in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules for the administration of the department, state transportation systems, and programs;jointly with the commission annually report to the Transportation Interim Committee, by November 30 of each year, as to the operation, maintenance, condition, mobility, safety needs, and wildlife and livestock mitigation for state transportation systems;ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:under this title;by the department; orby an agency or division within the department;study and make recommendations to the Legislature on potential managed lane use and implementation on selected transportation systems within the state;before July 1 of each year, coordinate with the Utah Highway Patrol Division created in Section 53-8-103 regarding:future highway projects that will add additional capacity to the state transportation system;potential changes in law enforcement responsibilities due to future highway projects; andincident management services on state highways;provide public transit services, in consultation with any relevant public transit provider; andimplement a public service campaign as described in Section 72-2-135, in coordination with relevant stakeholders including permitted landfills and transfer stations, to generate public awareness regarding the importance of proper transportation and disposal of waste and maintaining clean roads and highways.

(2) For a proposed transportation project that includes a gondola in the Cottonwood Canyons area of Salt Lake County for which the department has completed an environmental impact statement, the department may only construct the project in the phasing sequence as provided in the record of decision associated with the environmental impact statement.

(3) The department shall exercise reasonable care in designing, constructing, and maintaining a state highway in a reasonably safe condition for travel.Nothing in this section shall be construed as:creating a private right of action; orexpanding or changing the department’s common law duty as described in Subsection (3)(a) for liability purposes.

Amended by Chapter 393, 2025 General Session

72-1-202 - Executive director of department — Appointment — Qualifications — Term — Responsibility — Power to bring suits — Salary.

(1) The governor, with the advice and consent of the Senate, shall appoint an executive director to be the chief executive officer of the department.The executive director shall be a registered professional engineer and qualified executive with technical and administrative experience and training appropriate for the position.The executive director shall remain in office until a successor is appointed.The executive director may be removed by the governor.

(2) In addition to the other functions, powers, duties, rights, and responsibilities prescribed in this chapter, the executive director shall: have responsibility for the administrative supervision of the state transportation systems and the various operations of the department;have the responsibility for the implementation of rules, priorities, and policies established by the department and the commission;have the responsibility for the oversight and supervision of any transportation project for which state funds are expended;have full power to bring suit in courts of competent jurisdiction in the name of the department as the executive director considers reasonable and necessary for the proper attainment of the goals of this chapter;receive a salary, to be established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation, together with actual traveling expenses while away from the executive director’s office on official business;purchase all equipment, services, and supplies necessary to achieve the department’s functions, powers, duties, rights, and responsibilities delegated under Section 72-1-201;have the responsibility to determine whether a purchase from, contribution to, or other participation with a public entity or association of public entities in a pooled fund program to acquire, develop, or share information, data, reports, or other services related to the department’s mission are procurement items under Title 63G, Chapter 6a, Utah Procurement Code;have responsibility for administrative supervision of the Comptroller Division, the Internal Audit Division, and the Communications Division; andappoint assistants, to serve at the discretion of the executive director, to administer the divisions of the department.

(3) The executive director may employ other assistants and advisers as the executive director finds necessary and fix salaries in accordance with the salary standards adopted by the Division of Human Resource Management.

Amended by Chapter 22, 2023 General Session

72-1-203 - Deputy director — Appointment — Qualifications — Other assistants and advisers — Salaries.

(1) The executive director shall appoint the following deputy directors, who shall serve at the discretion of the executive director:the deputy director of engineering and operation, who shall be a registered professional engineer in the state, and who shall be the chief engineer of the department; andthe deputy director of planning and investment.

(2) As assigned by the executive director, the deputy directors described in Subsection (1) may assist the executive director with the following departmental responsibilities:project development, including statewide standards for project design and construction, right-of-way, materials, testing, structures, and construction;oversight of the management of the region offices described in Section 72-1-205;operations and traffic management;oversight of operations of motor carriers and ports;transportation systems safety;aeronautical operations;equipment for department engineering and maintenance functions;oversight and coordination of planning, including:development of statewide strategic initiatives for planning across all modes of transportation;coordination with metropolitan planning organizations and local governments;coordination with a large public transit district, including planning, project development, outreach, programming, environmental studies and impact statements, construction, and impacts on public transit operations; andtransportation corridor and area planning;asset management;programming and prioritization of transportation projects;fulfilling requirements for environmental studies and impact statements;resource investment, including identification, development, and oversight of public-private partnership opportunities;data analytics services to the department;transportation corridor preservation;employee development;maintenance planning;oversight and facilitation of the negotiations and integration of public transit providers described in Section 17B-2a-827;oversight and supervision of any fixed guideway capital development project within the boundaries of a large public transit district, including those responsibilities described in Subsections (2)(a), (h), (j), (k), and (l), and the implementation and enforcement of any federal grant obligations associated with fixed guideway capital development project funding; andother departmental responsibilities as determined by the executive director.

(3) The executive director shall ensure that the same deputy director does not oversee or supervise both the fixed guideway capital development responsibilities described in Subsection (2)(r) and the department’s fixed guideway rail safety responsibilities, including the responsibilities described in Section 72-1-214.

(4) The executive director shall ensure that the same deputy director does not oversee or supervise both the authorization of a telecommunication provider to have longitudinal access to state right-of-way as described in Section 72-7-108, and the operations and duties of the Utah Broadband Center created in Section 72-19-201.

(5) The executive director may delegate to a large public transit district certain projects or acquisitions described in Subsection (2)(r) related to fixed guideway capital development if the executive director determines that the large public transit district is better positioned or equipped for that particular project or acquisition.

Amended by Chapter 512, 2025 General Session

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: all financial aspects of the department, including budgeting, accounting, and contracting;providing all material data and documentation necessary for effective fiscal planning and programming; andprocuring administrative supplies;

(2) the Internal Audit Division responsible for: conducting and verifying all internal audits and reviews within the department;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; andimplementing audit procedures that meet or exceed generally accepted auditing standards relating to revenues, expenditures, and funding; and

(3) the Communications Division responsible for: developing, managing, and implementing the department’s public hearing processes and programs;responding to public complaints, requests, and input;assisting the divisions and regions in the department’s public involvement programs;developing and managing internal department communications; andmanaging and overseeing department media relations.

Amended by Chapter 479, 2019 General Session

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) The executive director shall appoint a region director for each region.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

72-1-206 - Performance auditing — Appointment or employment — Duties — Reports.

(1) 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:appoint not less than two performance auditors; oremploy auditing experts from outside the department.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.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: any staff support from the department that is necessary to fulfill their duties; andaccess to all the department’s records and information.

(3) The auditors under Subsection (1) shall conduct, as prioritized by the commission: performance audits to determine the efficiency and effectiveness of the department;financial audits to ensure the efficient and effective expenditure of department money;audits to ensure department compliance with state statutes, commission priorities, and legislative appropriation intent statements;audits to determine the impact of federal mandates, including air quality, wetlands, and other environmental standards on the cost and schedule of department projects;external audits on persons entering into contracts with the department, as necessary;studies to determine the time required to accomplish department and external contract work and their relative efficiencies;evaluations of the department’s quality assurance and quality control programs; andany other executive director or commission requests.

(4) The auditors under Subsection (1) shall: conduct audits in accordance with applicable professional auditing standards; andprovide 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

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) 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.The waiver of immunity under this Subsection (5) is valid only if: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);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;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; andthe 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

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: 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; andmay make further additions or changes necessary for the purpose of safety to employees and the general public.

Amended by Chapter 69, 2022 General Session

72-1-208.5 - Definition — Cooperation with metropolitan planning organizations — Cooperation in plans and programs required.

.5(1) As used in this section, “metropolitan planning organization” means an organization established under 23 U.S.C. Sec. 134.

.5(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.

.5(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: coordinated project priorities, transportation plans, and transportation improvement programs; andsubmitted joint priorities, plans, and programs to the department as comprehensive, integrated transportation plans.

.5(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(5) 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.Information obtained under Subsection (5)(a) is limited to the employer’s:name;worksite address;industrial classification; andnumber of employees.

Amended by Chapter 58, 2008 General Session

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

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

72-1-211 - Department to develop strategic initiatives — Report — Rulemaking.

(1) The executive director shall develop statewide strategic initiatives across all modes of transportation.To develop the strategic initiatives described in Subsection (1)(a), the executive director shall consult with the commission and relevant stakeholders, including:metropolitan planning organizations;county and municipal governments;transit districts; andother transportation stakeholders.To develop the strategic initiatives described in Subsection (1)(a), the executive director shall consider:regional transportation plans developed by metropolitan planning organizations;local transportation plans developed by county and municipal governments;public transit plans developed by public transit districts; andother relevant transportation plans developed by other stakeholders.To develop the strategic initiatives described in Subsection (1)(a), the executive director shall consider projected major centers of economic activity, population growth, and job centers.

(2) The strategic initiatives developed under Subsection (1) shall include consideration of the following factors:corridor preservation;congestion reduction;economic development and job creation;asset management;sustainability;optimization of return on investment;development of new transportation capacity projects;long-term maintenance and operations of the transportation system;safety;incident management;homeland security;mobility and access; andtransportation-related air quality.The strategic initiatives shall include an assessment of capacity needs and establish goals for corridors that meet all of the following:high volume of travel and throughput;connection of projected major centers of economic activity, population growth, and future job centers;major freight corridors; andcorridors accommodating multiple modes of travel.

(3) The executive director or the executive director’s designee shall report the strategic initiatives of the department developed under Subsection (1) to the Transportation Commission and, before December 1 of each year, the Transportation Interim Committee.The report required under Subsection (3)(a) shall include the measure that will be used to determine whether the strategic initiatives have been achieved.

(4) After compliance with Subsection (3) and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules establishing the strategic initiatives developed under this part.

(5) The executive director shall ensure that the strategic initiatives developed under Subsection (1): are reviewed and updated as needed, but no less frequent than every four years; andcover at least a 20-year horizon.

Amended by Chapter 424, 2018 General Session

72-1-212 - Special use permitting — Rulemaking.

(1) As used in this section:“Law enforcement agency” means the same as that term is defined in Section 53-1-102.”Special use permit” means a permit issued:for a special use or a special event that takes place on a highway; orto a law enforcement agency to install an automatic license plate reader on a state highway for the purpose of capturing license plate data of vehicles traveling on a state highway, regardless of whether the device is installed on property owned by the department or the law enforcement agency.

(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in consultation with representatives of the Utah League of Cities and Towns and the Utah Association of Counties, the department shall make rules that are not inconsistent with this chapter or the constitution and laws of this state or of the United States governing the issuance of a special use permit to maintain public safety and serve the needs of the traveling public.

(3) The rules described in Subsection (2) may:establish the highways for which the highest number of special use permits are issued;develop, in consultation with municipalities, a limit on the number of special use permits that may be issued in any calendar year on a particular highway;require a person to submit an application designated by the department before the department issues a special use permit;limit the number of special use permits issued on any one day for any specified location based on a first-come, first-served basis for completed applications;establish criteria for evaluating completed applications, such as historic use, potential economic benefit, or other relevant factors;specify conditions that are required to be met before a special use permit may be issued;establish a penalty for failure to fulfill conditions required by the special use permit, including suspension of the special use permit or suspension of a future special use permit;require an applicant to obtain insurance for certain special uses or special events; orprovide other requirements to maintain public safety and serve the needs of the traveling public.

(4) The limit on the number of special use permits described in Subsection (3)(b) may not include:a special use permit issued for a municipality-sponsored special use or special event on a highway within the jurisdiction of the municipality; ora special use permit issued to a law enforcement agency to install a device as part of an automatic license plate reader system authorized by Section 41-6a-2003.

(5) The rules described in Subsection (2) shall consider:traveler safety and mobility;the safety of special use or special event participants;emergency access;the mobility of residents close to the event or use;access and economic impact to businesses affected by changes to the normal operation of highway traffic;past performance of an applicant’s adherence to special use permit requirements; andwhether a law enforcement agency applying for a special use permit has published a policy online as required by Section 41-6a-2003.

(6) Notwithstanding any other provision of this chapter, the department may also require a law enforcement agency applying for a special use permit described in this section to obtain an encroachment permit.

(7) The department shall adopt a fee schedule in accordance with Section 63J-1-504 that reflects the cost of services provided by the department associated with special use permits and with special uses or special events that take place on a highway.

(8) For a device installed in accordance with Section 41-6a-2003, the installation, maintenance, data collection, and removal are the responsibility of the law enforcement agency that obtains the special use permit.

(9) The department shall preserve a record of special use permits issued to a law enforcement agency, including the stated purpose for each permit.The department shall preserve a record identified in Subsection (9)(a) for at least five years.

Amended by Chapter 452, 2025 General Session

72-1-213.1 - Road usage charge program.

.1(1) As used in this section:“Account manager” means an entity under contract with the department to administer and manage the road usage charge program.”Alternative fuel vehicle” means:an electric motor vehicle as defined in Section 41-1a-102; ora motor vehicle powered exclusively by a fuel other than:motor fuel;diesel fuel;natural gas; orpropane.”Payment period” means the interval during which an owner is required to report mileage and pay the appropriate road usage charge according to the terms of the program.”Program” means the road usage charge program established and described in this section.”Road usage charge cap” means the maximum fee charged to a participant in the program for a registration period.”Road usage charge rate” means the per-mile usage fee charged to a participant in the program.

.1(2) There is established a road usage charge program as described in this section.

.1(3) The department shall implement and oversee the administration of the program, which shall begin on January 1, 2020.To implement and administer the program, the department may contract with an account manager.

.1(4) The owner or lessee of an alternative fuel vehicle may apply for enrollment of the alternative fuel vehicle in the program.If an application for enrollment into the program is approved by the department, the owner or lessee of an alternative fuel vehicle may participate in the program in lieu of paying the fee described in Subsection 41-1a-1206(1)(h) or (2)(b).

.1(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this section, the department:shall make rules to establish:processes and terms for enrollment into and withdrawal or removal from the program;payment periods and other payment methods and procedures for the program;standards for mileage reporting mechanisms for an owner or lessee of an alternative fuel vehicle to report mileage as part of participation in the program;standards for program functions for mileage recording, payment processing, account management, and other similar aspects of the program;contractual terms between an owner or lessee of an alternative fuel vehicle owner and an account manager for participation in the program;contractual terms between the department and an account manager, including authority for an account manager to enforce the terms of the program;procedures to provide security and protection of personal information and data connected to the program, and penalties for account managers for violating privacy protection rules;penalty procedures for a program participant’s failure to pay a road usage charge or tampering with a device necessary for the program; anddepartment oversight of an account manager, including privacy protection of personal information and access and auditing capability of financial and other records related to administration of the program; andmay make rules to establish:an enrollment cap for certain alternative fuel vehicle types to participate in the program;a process for collection of an unpaid road usage charge or penalty; orintegration of the program with other similar programs, such as tolling.

.1(6) Revenue generated by the road usage charge program and relevant penalties shall be deposited into the Road Usage Charge Program Special Revenue Fund.

.1(7) The department may:impose a penalty for failure to timely pay a road usage charge according to the terms of the program or tampering with a device necessary for the program; andrequest that the Division of Motor Vehicles place a hold on the registration of the owner’s or lessee’s alternative fuel vehicle for failure to pay a road usage charge or penalty according to the terms of the program;send correspondence to the owner of an alternative fuel vehicle to inform the owner or lessee of:the road usage charge program, implementation, and procedures;an unpaid road usage charge and the amount of the road usage charge to be paid to the department;the penalty for failure to pay a road usage charge within the time period described in Subsection 72-Ch72_1|(7)](iii); anda hold being placed on the owner’s or lessee’s registration for the alternative fuel vehicle, if the road usage charge and penalty are not paid within the time period described in Subsection 72-Ch72_1|(7)](iii), which would prevent the renewal of the alternative fuel vehicle’s registration; andrequire that the owner or lessee of the alternative fuel vehicle pay the road usage charge to the department within 30 days of the date when the department sends written notice of the road usage charge to the owner or lessee.The department shall send the correspondence and notice described in Subsection 72-Ch72_1|(7)] to the owner of the alternative fuel vehicle according to the terms of the program.

.1(8) The Division of Motor Vehicles and the department shall share and provide access to information pertaining to an alternative fuel vehicle and participation in the program including:registration and ownership information pertaining to an alternative fuel vehicle;information regarding the failure of an alternative fuel vehicle owner or lessee to pay a road usage charge or penalty imposed under this section within the time period described in Subsection 72-Ch72_1|(7)](iii); andthe status of a request for a hold on the registration of an alternative fuel vehicle.If the department requests a hold on the registration in accordance with this section, the Division of Motor Vehicles may not renew the registration of a motor vehicle under Title 41, Chapter 1a, Part 2, Registration, until the department withdraws the hold request.

.1(9) The owner of an alternative fuel vehicle may apply for enrollment in the program or withdraw from the program according to the terms established by the department pursuant to rules made under Subsection (5).

.1(10) If enrolled in the program, the owner or lessee of an alternative fuel vehicle shall:report mileage driven as required by the department pursuant to Subsection (5);pay the road usage fee for each payment period in accordance with Subsection (5); andcomply with all other provisions of this section and other requirements of the program.

.1(11) The department shall submit annually, on or before October 1, to the Transportation Interim Committee, an electronic report that:states for the preceding fiscal year:the amount of revenue collected from the program;the participation rate in the program; andthe department’s costs to administer the program; andprovides for the current fiscal year, an estimate of:the revenue that will be collected from the program;the participation rate in the program; andthe department’s costs to administer the program.

.1(12) Beginning on January 1, 2023:the road usage charge rate is 1.0 cent per mile; andthe road usage charge cap is:$130.25foranannualregistrationperiod;and$100.75 for a six-month registration period.Beginning on January 1, 2026:the road usage charge rate is 1.25 cents per mile; andthe road usage charge cap is:$180foranannualregistrationperiod;and$139 for a six-month registration period.Beginning on January 1, 2032:the road usage charge rate is 1.5 cents per mile, unless the commission establishes a different road usage charge rate in accordance with Subsection (13); andthe road usage charge cap is:$240foranannualregistrationperiod;and$185 for a six-month registration period.Beginning in 2024, the department shall, on January 1, annually adjust the road usage charge rates described in this Subsection (12) by taking the road usage charge rate for the previous year and adding an amount equal to the greater of:an amount calculated by multiplying the road usage charge rate of the previous year by the actual percentage change during the previous fiscal year in the Consumer Price Index as determined by the State Tax Commission; and0.Beginning in 2024, the State Tax Commission shall, on January 1, annually adjust the road usage charge caps described in this Subsection (12) by taking the road usage charge cap for the previous year and adding an amount equal to the greater of:an amount calculated by multiplying the road usage charge cap of the previous year by the actual percentage change during the previous fiscal year in the Consumer Price Index; and0.The amounts calculated as described in Subsection (12)(d) shall be rounded up to the nearest .01 cent.The amounts calculated as described in Subsection (12)(e) shall be rounded up to the nearest 25 cents.On or before January 1 of each year, the department shall publish:the adjusted road usage charge rate described in Subsection (12)(d); andadjusted road usage charge cap described in Subsection (12)(e).

.1(13) Beginning January 1, 2032, the commission may establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the road usage charge rate for each type of alternative fuel vehicle.Before making rules in accordance with Subsection (13)(a), the commission shall consult with the department regarding the road usage charge rate for each type of alternative fuel vehicle.The department shall cooperate with and make recommendations to the commission regarding the road usage charge rate for each type of alternative fuel vehicle.

Amended by Chapter 452, 2025 General Session

72-1-213.2 - Road Usage Charge Program Special Revenue Fund — Revenue.

.2(1) There is created an expendable special revenue fund within the Transportation Fund known as the “Road Usage Charge Program Special Revenue Fund.”

.2(2) The fund shall be funded from the following sources:revenue collected by the department under Section 72-1-213.1;appropriations made to the fund by the Legislature;contributions from other public and private sources for deposit into the fund;interest earnings on cash balances; andmoney collected for repayments and interest on fund money.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.

.2(3) Revenue generated by the road usage charge program and relevant penalties shall be deposited into the Road Usage Charge Program Special Revenue Fund.Revenue in the Road Usage Charge Program Special Revenue Fund is nonlapsing.

.2(4) The department may use revenue deposited into the Road Usage Charge Program Special Revenue Fund: to cover the costs of administering the program; andfor the purposes described in Subsection (5).

.2(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

72-1-214 - Department designated as state safety oversight agency for rail fixed guideway public transportation safety — Powers and duties — Rulemaking.

(1) Except as provided in Subsection (1)(b), as used in this section, “fixed guideway” means the same as that term is defined in Section 59-12-102.For purposes of this section, “fixed guideway” does not include a rail system subject to regulation by the Federal Railroad Administration.

(2) The department is designated as the state safety oversight agency for rail fixed guideway public transportation safety in accordance with 49 U.S.C. Sec. 5329(e)(4).

(3) As the state safety oversight agency, the department may, to the extent necessary to fulfill the department’s obligations under federal law:enter into and inspect the property of a fixed guideway rail system receiving federal funds without prior notice to the operator;audit an operator of a fixed guideway rail system receiving federal funds for compliance with:federal and state laws regarding the safety of the fixed guideway rail system; anda public transportation agency safety plan adopted by a specific operator in accordance with 49 U.S.C. Sec. 5329(d);direct the operator of a fixed guideway rail system to correct a safety hazard by a specified date and time;prevent the operation of all or part of a fixed guideway rail system that the department has determined to be unsafe;audit, review, approve, and oversee an operator of a fixed guideway rail system receiving federal funds for compliance with a plan adopted by the operator in compliance with 49 U.S.C. Sec. 5329(d); andenforce statutes, rules, regulations, and executive orders relating to the operation of a fixed guideway rail public transportation system in Utah.

(4) The department shall, at least annually, provide a status report on the safety of the rail fixed guideway public transportation systems the department oversees to:the Federal Transit Administration;the governor; andmembers of the board of any rail fixed guideway public transportation system that the department oversees in accordance with this section.

(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules necessary to administer and enforce this section, including rules providing for the legal and financial independence of state safety oversight agency activities and functions.The rules made in accordance with Subsection (5)(a) shall conform to the requirements of and regulations enacted in accordance with 49 U.S.C. Sec. 5329.

(6) Notwithstanding any other agreement, a county, city, or town with fixed guideway rail transit service provided by a public transit district that is subject to safety oversight as provided in this section may request local option transit sales tax in accordance with Section 59-12-2206 and spend local option transit sales tax in the amount requested by the department to meet nonfederal match requirements for costs of safety oversight described in this section.A county, city, or town that requests local option transit sales tax as described in Subsection (6)(a) shall transmit to the department all of the funds requested under Subsection (6)(a) and transmitted to the county, city, or town under Subsection 59-12-2206(6)(b).A county, city, or town that requests local option transit sales tax as described in Subsection (6)(a) may not request more local option transit sales tax than is necessary to carry out the state safety oversight functions under this section and the amount shall only reflect a maximum of 20% nonfederal match requirement of eligible costs of state safety oversight.

Amended by Chapter 29, 2025 General Session

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: 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; andthe 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

72-1-216 - Statewide electric vehicle charging network plan — Report.

(1) The department, in consultation with relevant entities in the private sector, shall develop a statewide electric vehicle charging network plan.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:the Department of Environmental Quality created in Section 19-1-104;the Division of Facilities Construction and Management created in Section 63A-5b-301;the Office of Energy Development created in Section 79-6-401; andthe 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:at strategic locations as determined by the department;at incremental distances no greater than every 50 miles along the state’s interstate highway system by December 31, 2025; andalong other major highways within the state as the department finds appropriate.

Amended by Chapter 517, 2024 General Session

72-1-217 - Department of Transportation study items.

(1) The department shall carry out transportation studies described in this section as resources allow.

(2) The department shall study items related to advanced air mobility as described in this Subsection (2).The department shall study vertiport locations and infrastructure, including:identification of suitable locations for vertiport infrastructure and parking infrastructure for vertiports in metropolitan areas;identification of commuter rail stations that may be suitable for vertiport placement; andidentification of underutilized parking lots and parking structures for vertiport infrastructure placement.The department shall study best practices and implementation of advanced air mobility technologies, including:seeking input through community engagement;state and local regulations;unmanned aircraft system traffic management; andweather reporting and monitoring for advanced air mobility safety.The department shall study unmanned aircraft traffic management infrastructure, including:unmanned aircraft system traffic management development, implementation, procedures, policies, and infrastructure; andobtaining a full understanding of unmanned aircraft system traffic management, including:designation of airspace for advanced air mobility;creation of geographic categorical areas;identifying the appropriate number and location of advanced air mobility sensors; andother state specific details regarding unmanned aircraft system traffic management.The department shall study the creation of an advanced air mobility sandbox, including:potential locations for the sandbox testing area and desirable attributes of a suitable sandbox location;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; andtesting and studying different types of advanced air mobility transportation of manned and unmanned aerial vehicles, including:aerial vehicle size;aerial vehicles that carry cargo, including medical cargo;commercial aerial vehicles; andpublic transportation aerial vehicles.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).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).

(3) The department and a large public transit district shall jointly study programs offered by government entities related to human services transportation, including:coordinated mobility services;paratransit services;nonemergency medical transportation;youth transportation programs, excluding school bus transportation; andother similar fare-based or fee-based programs provided or coordinated within the boundary of the large public transit district, including those involving the department, a large public transit district, local governments, or other government agencies and nonprofit entities that provide similar services.The study shall evaluate strategies to consolidate the transportation services described in Subsection (3)(a) to improve efficiency and service.The department and large public transit district shall:provide a preliminary report on the study to the Transportation Interim Committee on or before November 1, 2025; andprepare and present recommendations to the Transportation Interim Committee on or before November 1, 2026, for the consolidation of the services described in Subsection (3)(a).

(4) As used in this Subsection (4):“City” means Salt Lake City.”Highway reduction strategy” means any strategy that has the potential to permanently decrease the number of vehicles that can travel on an arterial or a collector highway per hour, including:reducing the number of motorized vehicle travel lanes on an arterial or collector highway;narrowing existing motorized vehicle travel lanes on an arterial or collector highway; orany other strategy that when implemented may increase congestion or impede traffic flow for motor vehicles driving on an arterial or collector highway.”Mobility and environmental impact analysis” means a study that assesses the impacts within the study area of implementing a highway reduction strategy on arterial or collector highways, including the impacts to other state and local highways, mobility, traffic flow, pedestrian and nonmotorized vehicle flow, the economy, public health, quality of life, air quality, maintenance, and operations.”Study area” means the area within Salt Lake City that is west of Foothill Drive, north of 2100 South, east of I-15, and south of 600 North.Except as described in Subsection (4)(c), a city may not implement or begin a project as part of a highway reduction strategy on an arterial or a collector highway within the study area unless the project is part of a mobility plan approved by the department as described in this Subsection (4)(b).For a mobility plan described under Subsection (4)(b)(i), the city shall:assess the alternate routes for traffic and impacts on surrounding highways due to any lane reduction;evaluate impacts to vehicle trip time;evaluate impacts to air quality;evaluate the cumulative multimodal and safety impact of the proposed highway reduction strategies, including the cumulative impact from previous highway reduction strategies implemented over the previous five years;provide options to mitigate negative impacts to vehicle traffic, vehicle trip time, air quality, or adjacent travel routes;in collaboration with the department, assess impacts to state highways;proactively seek out and consult with relevant stakeholders, including business owners, commuters, and residents impacted by the mobility plan and each proposed project within the mobility plan;present the plan in an open and public meeting, including public comment;provide an open house or other event to allow public interaction and feedback regarding the impacts of the mobility plan;present the plan to the membership of the city’s chamber of commerce and other business groups; andprovide the plan to the department for the department’s review.After the department receives a complete mobility plan as described in Subsection (4)(b)(ii), the department shall determine if the mobility plan and each project included in the mobility plan meet the requirements of this section and shall approve or reject the plan within two months of receiving the mobility plan.As part of the mobility plan, the city shall demonstrate to the department the manners in which the city involved and received input from the business community, the public, and other stakeholders as required in Subsection (4)(b)(ii).The city may begin or continue construction on an arterial or collector highway project related to any reduction strategy within the study area if the project has been advertised on or before February 25, 2025.For a project related to any highway reduction strategy that was programmed by the department on or before July 1, 2024, but has not been advertised on or before February 25, 2025, the department may conduct an expedited review of the project.If the department approves a project after an expedited review as described in Subsection (4)(c)(ii)(A), the city may begin or continue construction on the project.The department shall, in partnership with the city, conduct a mobility and environmental impact analysis to determine the impacts of highway reduction strategies within the study area that the city has implemented on or after July 1, 2015, or has plans to implement on or before July 1, 2035.As part of the mobility and environmental impact analysis, the department shall:assess the cumulative impact of each highway reduction strategy within the study area that the city has implemented or has plans to implement between July 1, 2015, and July 1, 2035; andconsult with relevant stakeholders, including business owners, commuters, and residents impacted by the highway reduction strategy.A city subject to a mobility and environmental impact analysis under this Subsection (4) shall provide to the department any information the department determines necessary for conducting the mobility and environmental impact analysis, including any plans that city has adopted or discussed with regards to a highway reduction strategy.The department shall provide the mobility and environmental impact analysis to the Transportation Interim Committee on or before October 15, 2025.The city shall provide a response to the mobility and environmental impact analysis to the Transportation Interim Committee on or before November 1, 2025.As provided in Section 63I-1-272, this Subsection (4) is subject to a sunset review by the Transportation Interim Committee during the 2028 interim.The Transportation Interim Committee may also evaluate the mobility plan process described in this Subsection (4) during the 2027 interim.

Amended by Chapter 452, 2025 General Session

72-1-218 - Advanced air mobility community outreach.

(1) educates the public regarding advanced air mobility, including:the information and findings of relevant studies and reports that the department conducts;potential use cases;potential benefits as a form of transportation;state-driven advanced air mobility initiatives;potential impacts on the economy, including job creation and other new opportunities; andpotential phasing for establishing a robust advanced air mobility system;

(2) provides and coordinates opportunities for the public to observe real world demonstrations;

(3) coordinates with local advanced air mobility industry leaders and other groups in the state that are promoting and planning for advanced air mobility; and

(4) provides information on how advanced air mobility could benefit and otherwise impact communities.

Enacted by Chapter 423, 2025 General Session

Transportation Commission

72-1-301 - Transportation Commission created — Members, appointment, terms — Qualifications — Pay and expenses — Chair — Quorum.

(1) There is created the Transportation Commission which shall consist of seven members.The members of the commission shall be residents of Utah.The members of the commission shall be selected on a nonpartisan basis.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.The commissioners serve on a part-time basis.Each commissioner shall remain in office until a successor is appointed and qualified.

(2) Subject to the restriction in Subsection (2)(c), the selection of commissioners shall be as follows:four commissioners with one commissioner selected from each of the four regions established by the department; andsubject to the restriction in Subsection (2)(b), three commissioners selected from the state at large.At least one of the three commissioners appointed under Subsection (2)(a)(ii) shall be selected from a rural county.For purposes of this Subsection (2)(b), a rural county is a county of the third, fourth, fifth, or sixth class.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: Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

(4) One member of the commission shall be designated by the governor as chair.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

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

72-1-303 - Duties of commission.

(1) The commission has the following duties: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;determining additions and deletions to state highways under Chapter 4, Designation of State Highways Act;holding public meetings and otherwise providing for public input in transportation matters;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;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;advising the department on state transportation systems policy;approving settlement agreements of condemnation cases subject to Section 63G-10-401;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;in accordance with Section 17B-2a-808, reviewing, at least annually, the short-term and long-range public transit plans;determining the priorities and funding levels of public transit innovation grants, as defined in Section 72-2-401;approving grant awards administered by the Utah Broadband Center in accordance with Section 17-19-301; andreviewing administrative rules made, substantively amended, or repealed by the department.

(2) For projects prioritized with funding provided under Sections 72-2-124 and 72-2-125, the commission shall annually report to the Transportation and Infrastructure Appropriations Subcommittee:a prioritized list of the new transportation capacity projects in the state transportation system and the funding levels available for those projects; andthe unfunded highway construction and maintenance needs within the state.The Transportation and Infrastructure Appropriations Subcommittee shall:review the list reported by the Transportation Commission; andmake a recommendation to the Legislature on:the amount of additional funding to allocate to transportation; andthe 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 512, 2025 General Session

72-1-304 - Written project prioritization process for new transportation capacity projects — Rulemaking.

(1) The Transportation Commission, in consultation with the department and the metropolitan planning organizations as defined in Section 72-1-208.5, shall develop a written prioritization process for the prioritization of:new transportation capacity projects that are or will be part of the state highway system under Chapter 4, Part 1, State Highways;paved pedestrian or paved nonmotorized transportation projects described in Section 72-2-124;public transit projects that directly add capacity to the public transit systems within the state, not including facilities ancillary to the public transit system; andpedestrian or nonmotorized transportation projects that provide connection to a public transit system.A local government or public transit district may nominate a project for prioritization in accordance with the process established by the commission in rule.If a local government or public transit district nominates a project for prioritization by the commission, the local government or public transit district shall provide data and evidence to show that:the project will advance the purposes and goals described in Section 72-1-211;for a public transit project, the local government or public transit district has an ongoing funding source for operations and maintenance of the proposed development; andthe local government or public transit district will provide the percentage of the costs for the project as required by Subsection 72-2-124(4)(a)(viii) or 72-2-124(10)(e).

(2) The following shall be included in the written prioritization process under Subsection (1):a description of how the strategic initiatives of the department adopted under Section 72-1-211 are advanced by the written prioritization process;a definition of the type of projects to which the written prioritization process applies;specification of a weighted criteria system that is used to rank proposed projects and how it will be used to determine which projects will be prioritized;specification of the data that is necessary to apply the weighted ranking criteria; andany other provisions the commission considers appropriate, which may include consideration of:regional and statewide economic development impacts, including improved local access to:employment;educational facilities;recreation;commerce; andresidential areas, including moderate income housing as demonstrated in the local government’s or public transit district’s general plan in accordance with Section 10-20-404 or 17-79-403;the extent to which local land use plans relevant to a project support and accomplish the strategic initiatives adopted under Section 72-1-211; andany matching funds provided by a political subdivision or public transit district in addition to the percentage of costs required by Subsections 72-2-124(4)(a)(viii) and 72-2-124(10)(e).

(3) When prioritizing a public transit project that increases capacity, the commission:may give priority consideration to projects that are part of a transit-oriented development or transit-supportive development as defined in Section 17B-2a-802; andshall give priority consideration to projects that are within the boundaries of a housing and transit reinvestment zone created in accordance with Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act.When prioritizing a transportation project that increases capacity, the commission may give priority consideration to projects that are:part of a transportation reinvestment zone created under Section 11-13-227 if:the state is a participant in the transportation reinvestment zone; orthe commission finds that the transportation reinvestment zone provides a benefit to the state transportation system; orwithin the boundaries of a housing and transit reinvestment zone created pursuant to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act.If the department receives a notice of prioritization for a municipality as described in Subsection 10-21-202(5), or a notice of prioritization for a county as described in Subsection 17-80-202(5), the commission may give priority consideration to transportation projects that are within the boundaries of the municipality or the unincorporated areas of the county until the department receives notification from the Housing and Community Development Division within the Department of Workforce Services that the municipality or county no longer qualifies for prioritization under this Subsection (3)(c).When prioritizing a transportation project described in Subsection (1)(a)(ii) or (iv), the commission may give priority consideration to projects that improve connectivity in accordance with Section 10-8-87.

(4) In developing the written prioritization process, the commission:shall seek and consider public comment by holding public meetings at locations throughout the state; andmay not consider local matching dollars as provided under Section 72-2-123 unless the state provides an equal opportunity to raise local matching dollars for state highway improvements within each county.

(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Transportation Commission, in consultation with the department, shall make rules establishing the written prioritization process under Subsection (1).

(6) The commission shall submit the proposed rules under this section to the Transportation Interim Committee for review before taking final action on the proposed rules or any proposed amendment to the rules described in Subsection (5).

Amended by Chapter 15, 2025 Special Session 1

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:the written prioritization process;the merits of new transportation capacity projects that will be prioritized under this section; andthe 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) 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.The commission shall make the reasons for the prioritization under Subsection (4)(a) publicly available.

(5) The executive director or the executive director’s designee shall report annually to the governor and the Transportation Interim Committee no later than the last day of October:the projects prioritized under this section during the year prior to the report; andthe status and progress of all projects prioritized under this section.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 the Transportation Interim Committee no later than the last day of October:the public transit projects prioritized under this section during the year prior to the report; andthe 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 452, 2025 General Session