Transportation Commission Amendments

13
63I-1-272
72-1-102
72-1-217
72-1-301
72-1-303
1
Transportation Commission Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: Kay J. Christofferson
LONG TITLE
General Description:
This bill adds study items for the Department of Transportation.
Highlighted Provisions:
This bill:
requires the Department of Transportation to study the composition of the transportation
commission;
requires the Department of Transportation to study the necessary qualifications of the
executive director;
adds a repeal date for the studies; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-1-272
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 391
72-1-102
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 373
72-1-217
Effective
05/06/26
Partially Repealed
07/01/29
, as last amended by Laws of
Utah 2025, Chapter 452
72-1-301
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 219
72-1-303
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 512
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
63I-1-272
is amended to read:
63I-1-272
Effective
05/06/26
. Repeal dates: Title 72.
(1)
Subsection
72-1-217(4)
, regarding highway reduction strategies within Salt Lake City,
is repealed July 1, 2029.
(2)
Subsections
72-1-217(5)
,
(6)
, and (7), regarding study items relating to the
Transportation Commission and the executive director of the Department of
Transportation, are repealed January 1, 2027.
(2)
(3)
Section
72-2-134
, Transportation Infrastructure General Fund Support Subfund, is
repealed July 1, 2028.
(3)
(4)
Title 72, Chapter 4, Part 3, Utah State Scenic Byway Program, is repealed January
2, 2030.
(4)
(5)
Title 72, Chapter 10, Part 13, Spaceport Exploration Committee, is repealed July 1,
2027.
Section 2. Section
72-1-102
is amended to read:
72-1-102
Effective
05/06/26
. Definitions.
As used in this title:
(1)
"Circulator alley" means a publicly owned passageway:
(a)
with a right-of-way width of 20 feet or greater;
(b)
located within a master planned community;
(c)
established by the city having jurisdictional authority as part of the street network for
traffic circulation that may also be used for:
(i)
garbage collection;
(ii)
access to residential garages; or
(iii)
access rear entrances to a commercial establishment; and
(d)
constructed 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
means the same as that term is defined 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)
(a)
"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.
(b)
"Fixed guideway capital development" includes:
(i)
a project to strategically double track commuter rail lines; and
(ii)
a 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
means the same as that term is
defined 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:
(a)
designated by the city as a master planned community; and
(b)
comprised of a single development agreement for a development larger than 500
acres.
(19)
"Motor vehicle"
has the same meaning set forth in
means the same as that term is
defined in
Section
41-1a-102
.
(20)
"Municipality"
has the same meaning set forth in
means the same as that term is
defined 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)
(a)
"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
.
(b)
"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 district" means the same as that term is defined in Section
17B-2a-802
.
(25)
(26)
"Public transit facility" means a fixed guideway, transit vehicle, transit station,
depot, passenger loading or unloading zone, parking lot, or other facility:
(a)
leased by or operated by or on behalf of a public transit district; and
(b)
related to the public transit services provided by the district, including:
(i)
railway or other right-of-way;
(ii)
railway line; and
(iii)
a reasonable area immediately adjacent to a designated stop on a route traveled
by a transit vehicle.
(26)
(27)
"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)
(28)
"Sealed" does not preclude acceptance of electronically sealed and submitted
bids or proposals in addition to bids or proposals manually sealed and submitted.
(28)
(29)
"Semitrailer" has the meaning set forth in Section
41-1a-102
.
(29)
(30)
"SR" means state route and has the same meaning as state highway as defined in
this section.
(30)
(31)
"State highway" means those highways designated as state highways in
Title 72,
Chapter 4, Designation of State Highways Act
.
(31)
(32)
"State transportation purposes" has the meaning set forth in Section
72-5-102
.
(32)
(33)
"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)
(34)
"Trailer"
has the meaning set forth in
means the same as that term is defined in

Section
41-1a-102
.
(34)
(35)
(a)
"Transportation corridor" means the path or proposed path of a
transportation facility that exists or that may exist in the future.
(b)
"Transportation corridor" may include:
(i)
the land occupied or that may be occupied by a transportation facility; and
(ii)
any other land that may be needed for expanding, operating, or controlling access
to the transportation facility.
(35)
(36)
"Transportation facility" means:
(a)
a highway; or
(b)
a fixed guideway.
(36)
(37)
"Transportation reinvestment zone" means a transportation reinvestment zone
created pursuant to Section
11-13-227
.
(37)
(38)
"Truck tractor"
has the meaning set forth in
means the same as that term is
defined in
Section
41-1a-102
.
(38)
(39)
"UDOT" means the Utah Department of Transportation.
(39)
(40)
"Vehicle"
has the same meaning set forth in
means the same as that term is
defined in
Section
41-1a-102
.
Section 3. Section
72-1-217
is amended to read:
72-1-217
Effective
05/06/26
Partially Repealed
07/01/29
. Department of
Transportation study items.
(1)
The department shall carry out transportation studies described in this section as
resources allow.
(2)
(a)
The department shall study items related to advanced air mobility as described in
this Subsection
(2)
.
(b)
The department shall study vertiport locations and infrastructure, including:
(i)
identification of suitable locations for vertiport infrastructure and parking
infrastructure for vertiports in metropolitan areas;
(ii)
identification of commuter rail stations that may be suitable for vertiport
placement; and
(iii)
identification of underutilized parking lots and parking structures for vertiport
infrastructure placement.
(c)
The department shall study best practices and implementation of advanced air
mobility technologies, including:
(i)
seeking input through community engagement;
(ii)
state and local regulations;
(iii)
unmanned aircraft system traffic management; and
(iv)
weather reporting and monitoring for advanced air mobility safety.
(d)
The department shall study unmanned aircraft traffic management infrastructure,
including:
(i)
unmanned aircraft system traffic management development, implementation,
procedures, policies, and infrastructure; and
(ii)
obtaining a full understanding of unmanned aircraft system traffic management,
including:
(A)
designation of airspace for advanced air mobility;
(B)
creation of geographic categorical areas;
(C)
identifying the appropriate number and location of advanced air mobility
sensors; and
(D)
other state specific details regarding unmanned aircraft system traffic
management.
(e)
The department shall study the creation of an advanced air mobility sandbox,
including:
(i)
potential locations for the sandbox testing area and desirable attributes of a
suitable sandbox location;
(ii)
requirements to create a geographical advanced air mobility testing area and the
parameters for the types of technology that may be utilized in the testing area; and
(iii)
testing and studying different types of advanced air mobility transportation of
manned and unmanned aerial vehicles, including:
(A)
aerial vehicle size;
(B)
aerial vehicles that carry cargo, including medical cargo;
(C)
commercial aerial vehicles; and
(D)
public transportation aerial vehicles.
(f)
On or before September 30, 2023, the department shall provide a report to the
Transportation Interim Committee of the department's findings from the study items
described in Subsections
(2)(b)
through
(2)(e)
.
(g)
The department may only use existing funds to cover the expenses incurred from the
study of items described in Subsections
(2)(b)
through
(2)(e)
.
(3)
(a)
The department and a large public transit district shall jointly study programs
offered by government entities related to human services transportation, including:
(i)
coordinated mobility services;
(ii)
paratransit services;
(iii)
nonemergency medical transportation;
(iv)
youth transportation programs, excluding school bus transportation; and
(v)
other 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.
(b)
The study shall evaluate strategies to consolidate the transportation services
described in Subsection
(3)(a)
to improve efficiency and service.
(c)
The department and large public transit district shall:
(i)
provide a preliminary report on the study to the Transportation Interim Committee
on or before November 1, 2025; and
(ii)
prepare 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)
(a)
As used in this Subsection
(4)
:
(i)
"City" means Salt Lake City.
(ii)
"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:
(A)
reducing the number of motorized vehicle travel lanes on an arterial or
collector highway;
(B)
narrowing existing motorized vehicle travel lanes on an arterial or collector
highway; or
(C)
any other strategy that when implemented may increase congestion or impede
traffic flow for motor vehicles driving on an arterial or collector highway.
(iii)
"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.
(iv)
"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.
(b)
(i)
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)
.
(ii)
For a mobility plan described under Subsection
(4)(b)(i)
, the city shall:
(A)
assess the alternate routes for traffic and impacts on surrounding highways
due to any lane reduction;
(B)
evaluate impacts to vehicle trip time;
(C)
evaluate impacts to air quality;
(D)
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;
(E)
provide options to mitigate negative impacts to vehicle traffic, vehicle trip
time, air quality, or adjacent travel routes;
(F)
in collaboration with the department, assess impacts to state highways;
(G)
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;
(H)
present the plan in an open and public meeting, including public comment;
(I)
provide an open house or other event to allow public interaction and feedback
regarding the impacts of the mobility plan;
(J)
present the plan to the membership of the city's chamber of commerce and
other business groups; and
(K)
provide the plan to the department for the department's review.
(iii)
(A)
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.
(B)
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)
.
(c)
(i)
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.
(ii)
(A)
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.
(B)
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.
(d)
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.
(e)
As part of the mobility and environmental impact analysis, the department shall:
(i)
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; and
(ii)
consult with relevant stakeholders, including business owners, commuters, and
residents impacted by the highway reduction strategy.
(f)
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.
(g)
(i)
The department shall provide the mobility and environmental impact analysis
to the Transportation Interim Committee on or before October 15, 2025.
(ii)
The city shall provide a response to the mobility and environmental impact
analysis to the Transportation Interim Committee on or before November 1, 2025.
(h)
(i)
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.
(ii)
The Transportation Interim Committee may also evaluate the mobility plan
process described in this Subsection
(4)
during the 2027 interim.
(5)
(a)
In conjunction with applicable stakeholders, the department shall study items
related to the commission's ability to meet the future needs of the state including
representation of high growth areas as described in this Subsection
(5)
.
(b)
In conjunction with applicable stakeholders, the department shall study the
composition of members of the commission, including:
(i)
the distribution of members;
(ii)
representation of areas experiencing high population growth relative to other
areas within the state;
(iii)
the number of members; and
(iv)
the efficiency of the commission in light of the factors described in Subsections
(5)(b)(i)
through (iii).
(c)
The department shall report the findings of the studies described in Subsections
(5)(a)

and
(b)
to the Transportation Interim Committee on or before November 1, 2026.
(6)
(a)
In conjunction with applicable stakeholders, the department shall study the
geographic regions created by the department, including:
(i)
the geographic composition of each region;
(ii)
the number of regions;
(iii)
the efficiency of the regions; and
(iv)
the use of resources of each region.
(b)
The department shall report the findings of the study described in Subsection
(6)(a)

to the Transportation Interim Committee on or before November 1, 2026.
(7)
(a)
In conjunction with applicable stakeholders, the department shall study the office
of executive director of the department and the required qualifications of the
executive director position.
(b)
The department shall report the findings of the study described in Subsection
(7)(a)

to the Transportation Interim Committee on or before November 1, 2026.
Section 4. Section
72-1-301
is amended to read:
72-1-301
Effective
05/06/26
. Transportation Commission created -- Members,
appointment, terms -- Qualifications -- Pay and expenses -- Chair -- Quorum.
(1)
(a)
There is created the Transportation Commission which shall consist of seven
members.
(b)
The members of the commission shall be residents of Utah.
(c)
The members of the commission shall be selected on a nonpartisan basis.
(d)
The
Except as provided in Subsection
(1)(e)
, the
commissioners shall, in
accordance with
Title 63G, Chapter 24, Part 2, Vacancies
, be appointed by the
governor, with the advice and consent of the Senate, for a term of six years,
beginning on April 1 of odd-numbered years.
(e)
A commissioner appointed after May 6, 2026, shall serve for a term of four years.
(e)
(f)
The commissioners serve on a part-time basis.
(f)
(g)
Each commissioner shall remain in office until a successor is appointed and
qualified.
(2)
(a)
Subject to the restriction in Subsection
(2)(c)
, the selection of commissioners shall
be as follows:
(i)
four commissioners with one commissioner selected from each of the four regions
established by the department; and
(ii)
subject to the restriction in Subsection
(2)(b)
, three commissioners selected from
the state at large.
(b)
(i)
At least one of the three commissioners appointed under Subsection
(2)(a)(ii)

shall be selected from a rural county.
(ii)
For purposes of this Subsection
(2)(b)
, a rural county is a county of the third,
fourth, fifth, or sixth class.
(c)
No more than two commissioners appointed under Subsection
(2)(a)
may be selected
from any one of the four regions established by the department.
(3)
A member may not receive compensation or benefits for the member's service, but may
receive per diem and travel expenses in accordance with:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance
pursuant to
in accordance with
Sections
63A-3-106
and
63A-3-107
.
(4)
(a)
One member of the commission shall be designated by the governor as chair.
(b)
The commission may select one member as vice chair to act in the chair's absence.
(5)
Any four commissioners constitute a quorum.
(6)
Each member of the commission shall qualify by taking the constitutional oath of office.
(7)
Each member of the commission is subject to the conflict of interest provisions
described in
Title 63G, Chapter 24, Part 3, Conflicts of Interest
.
(8)
For the purposes of Section
63J-1-504
, the commission is not considered an agency.
Section 5. Section
72-1-303
is amended to read:
72-1-303
Effective
05/06/26
. Duties of commission.
(1)
The commission has the following duties:
(a)
determining priorities and funding levels of projects and programs in the state
transportation systems and the capital development of new public transit facilities for
each fiscal year based on project lists compiled by the department and taking into
consideration the strategic initiatives described in Section
72-1-211
;
(b)
determining additions and deletions to state highways under Chapter 4, Designation
of State Highways Act;
(c)
holding public meetings and otherwise providing for public input in transportation
matters;
(d)
making policies and rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, necessary to perform the commission's duties
described under this section;
(e)
in accordance with Section
63G-4-301
, reviewing orders issued by the executive
director in adjudicative proceedings held in accordance with Title 63G, Chapter 4,
Administrative Procedures Act;
(f)
advising the department on state transportation systems policy;
(g)
approving settlement agreements of condemnation cases subject to Section
63G-10-401
;
(h)
in accordance with Section
17B-2a-807
, appointing a commissioner to serve as a
nonvoting member or a voting member on the board of trustees of a
small
public
transit district;
(i)
in accordance with
Section
Sections

17B-2a-808
and
17B-2a-808.1
, reviewing, at
least annually, the
short-term and long-range public transit plans
plans submitted by
public transit districts
;
(j)
determining the priorities and funding levels of public transit innovation grants, as
defined in Section
72-2-401
;
(k)
approving grant awards administered by the Utah Broadband Center in accordance
with Section
17-19-301
72-19-301
; and
(l)
reviewing administrative rules made, substantively amended, or repealed by the
department.
(2)
(a)
For projects prioritized with funding provided under Sections
72-2-124
and
72-2-125
, the
The
commission shall annually report to the Transportation and
Infrastructure Appropriations Subcommittee:
(i)
a
prioritized
list of the new transportation capacity projects in the state
transportation system and the funding levels
available
or shortages
for those
projects; and
(ii)
the unfunded highway construction and maintenance needs within the state.
(b)
The Transportation and Infrastructure Appropriations Subcommittee shall:
(i)
review the
list
information
reported by the Transportation Commission; and
(ii)
make a recommendation to the Legislature on:
(A)
the amount of additional funding to allocate to transportation; and
(B)
the source of revenue for the additional funding allocation under Subsection
(2)(b)(ii)(A)
.
(3)
The commission shall review and may approve plans for the construction of a highway
facility over sovereign lakebed lands in accordance with Chapter 6, Part 3, Approval of
Highway Facilities on Sovereign Lands Act.
(4)
One or more associations representing airport operators or pilots in the state shall
annually report to the commission recommended airport improvement projects and any
other information related to the associations' expertise and relevant to the commission's
duties.
Section 6.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-6-26 8:21 AM