HB 15 — Medicaid Amendments

and - 8 - HB0015 compared with HB0015S02 (ii) under which an individual may qualify for Medicaid coverage in accordance with this section.

(2) Beginning July 1, 2016, the department shall amend the state Medicaid plan to allow temporary residential treatment for substance use, for the traditional Medicaid population, in a short term, non-non-institutional, institutional, 24-hour facility, without a bed capacity limit that provides rehabilitation services that are medically necessary and in accordance with an individualized treatment plan, as approved by CMS and as long as the county makes the required match under Section 17-77-201.

(5)(5)(a) (a) An adult in the expansion population is eligible for Medicaid if the adult meets the income- eligibility8 and- otherEnrolled criteriaCopy establishedH.B. under Subsection (6).

15 income eligibility and other criteria established under Subsection (6).

and (iv) that permits temporary residential treatment for substance use in a short term, non-institutional, 24-24-hour hour facility, without a bed capacity limit, as approved by CMS, that provides rehabilitation services that are medically necessary and in accordance with an individualized treatment plan.

(6)(6)(a) (a) An individual is eligible for the health coverage improvement program under Subsection (5) if:

- 9 - HB0015 compared with HB0015S02 (i) at the time of enrollment, the individual's annual income is below the income eligibility ceiling established by the state under Subsection (1)(f);

and (ii) the individual meets the eligibility criteria established by the department under Subsection (6)(6)(b). (b).

(c) [An individual who qualifies for Medicaid coverage under Subsections (6)(a) and (b) may remain on the Medicaid program for a 12-month certification period as defined by- the9 department.- H.B.

15 Enrolled Copy by the department.

(d)(d)(i) (i) The department may not seek approval from CMS to implement Subsection (6)(c) unless the executive director determines that CMS is likely to approve a waiver described in Subsection (6)(c).

(ii) If the executive director determines CMS is likely to approve a waiver described in Subsection (6)(6)(c), (c), the department shall apply for the waiver within 120 days of the determination.

- 10 - HB0015 compared with HB0015S02 (7) The state may request a modification of the income eligibility ceiling and other eligibility criteria under Subsection (6) each fiscal year based on projected enrollment, costs to the state, and the state budget.

(c) shall suspend the health coverage improvement program within one year after the day- on10 which- theEnrolled enhancementCopy waiverH.B. program is implemented;

15 day on which the enhancement waiver program is implemented;

26B-3-210.26B-3-210 (Effective 05/06/26).

and - 11 - HB0015 compared with HB0015S02 (ii) is not otherwise eligible for Medicaid as a mandatory categorically needy individual.

{(c)(c) {"Effective"Expansion expansion FMAP" means the amountFederal thatMedical equals:}Assistance }Percentage {(i)described {federalin payments42 dividedU.S.C. by the sum of federal payments and state expenditures;

and} } {(ii) {multiplied by 100.} } (d)(c) "Expansion FMAP" means the Federal Medical Assistance Percentage described in 42 U.S.C.

(e){(d)(d) {"Federal payments" means payments made, or projected to be made, by the federal government to pay for services for each adult in the expansion population not including administrative costs.} {(f)} "Federal poverty level" means the same as that term is defined in Section 26B-3-207.

[(b)] (g){(e)}(e) "Medicaid [waiver ]expansion" [means an expansion of the Medicaid program in accordance with this section] means the same as that term is defined in Section 26B-3-113.

{(h)(2)[(a) "State expenditures" means the amount of state expenditures made, or projected to be made, by the Medicaid program to pay for services provided to each adult in the expansion population not including administrative costs.} (2) [(a) Before January 1, 2019, the department shall apply to CMS for approval of a waiver or state plan amendment to implement the Medicaid waiver expansion.] [(b) The ]Medicaid [waiver ]expansion shall:

1396d(y)] expansion- FMAP11 for- enrollingH.B. an individual in the Medicaid program;

15 Enrolled Copy expansion FMAP for enrolling an individual in the Medicaid program;

- 12 - HB0015 compared with HB0015S02 [(v)] (e) include a path to self-sufficiency, including work activities as defined in 42 U.S.C.

[(vii)] (g) sunset in accordance with Subsection [(5)(a)] (4)(a);[ {[} and] [(viii)] (h) permit the state to close enrollment in the Medicaid waiver expansion if the department has insufficient funding to provide services to additional eligible individuals[.] ;

[(3) If the Medicaid waiver described in Subsection (2)(a) is approved, the department may only pay the state portion of costs for the Medicaid waiver expansion with appropriations from:] [(a)- the12 Medicaid- ACAEnrolled Fund,Copy createdH.B. in Section 26B-1-315;] [(b) county contributions to the non-federal share of Medicaid expenditures;

and]15 [(c)[(a) anythe other contributions, funds, or transfers from a non-state agency for Medicaid expenditures.]ACA [(4)]Fund, (3)created (a)in InSection consultation26B-1-315;] with[(b) thecounty department,contributions Medicaid accountable care organizations and counties that elect to integratethe carenon-federal undershare Subsection [(2)(b)(iv)] (2)(d) shall collaborate on enrollment, engagement of patients,Medicaid andexpenditures; coordination of services.

-and] 13[(c) -any HB0015other comparedcontributions, withfunds, HB0015S02or (b)transfers Asfrom parta ofnon-state theagency provisionfor describedMedicaid inexpenditures.] Subsection[(4)] [(2)(b)(iv)](3)(a) (2)(d),In consultation with the departmentdepartment, shallMedicaid applyaccountable forcare aorganizations waiverand counties that elect to permitintegrate thecare creationunder Subsection [(2)(b)(iv)] (2)(d) shall collaborate on enrollment, engagement of anpatients, integratedand deliverycoordination system:of services.

(b) As part of the provision described in Subsection [(2)(b)(iv)] (2)(d), the department shall apply for a waiver to permit the creation of an integrated delivery system:

[(5)] (4)(4)(a) (a) If [federal financial participation for the Medicaid waiver expansion is reduced below 90%] the {effective } expansion FMAP rate is reduced below {85} 90%, the authority of the department to implement [the ]Medicaid [waiver ]expansion shall sunset [no later than the next July 1 after the date on which the federal financial participation is reduced.] on{:}on the day after the day the Legislature adjourns sine die from the General Legislative Session that occurs after the date on which the expansion FMAP rate is reduced below 90%.

{(i)(b) {ifThe department shall commence the stateprocess firstof experiencesterminating the effectiveMedicaid expansion FMAPwaiver rateand reductionmaking onsystem orchanges betweento Julyimplement 1the totermination Decemberbeginning 31,on the followingday JulyMedicaid 1;expansion authority sunsets under Subsection (4)(a).

or}(c) }Notwithstanding (ii){(b)}any {ifprovision theof statelaw, firstif experiencesthe }department Theoperates departmentor shallis commenceinvolved thein processa ofdiscrete terminatingprogram thethat {effectivewill }cause Medicaidthe expansion {FMAPFMAP rate reduction on or between January 1 } waiver and making system changes to {Junebe 30,reduced thefor Julyadults 1in of the calendarexpansion yearpopulation thatand followsceasing }involvement implementor theterminating {year the stateprogram experienceswould }- termination13 beginning- onH.B. the {effective } day Medicaid expansion {FMAP reduction} authority sunsets under Subsection (4)(a).

{(b)15 {TheEnrolled calculationCopy ofavoid the effectiverate expansionreduction, FMAPthe rate:}department }shall {(i)cease {shallany beinvolvement conductedin jointlyor betweenterminate the department,discrete theprogram Governor'scausing Officethe ofreduction Planningbefore andthe Budget,state andwould experience the Officefirst ofreduction thein Legislativeexpansion FiscalFMAP Analyst;rate.

and}(d)(i) }Within {(ii)60 {maydays befrom calculatedthe atday any time.} } - 14 - HB0015 compared with HB0015S02 (c) Notwithstanding any provision of law, if the department operates or is involved in a discretestate programdetermination that will cause the {effective } expansion FMAP rate towill be reduced forbelow adults90%, in the expansion population and ceasing involvement or terminating the program would avoid the rate reduction, the department shall ceasecreate anya involvementproposal inthat oroutlines terminateoptions thefor discretehow program causing the reductiondepartment beforemay themaintain stateMedicaid would experience the first reduction in {effective } expansion FMAPwithin rate.projected funding.

(d) (i) Within 60 days from the day of a state determination that the {effective } expansion FMAP rate will be reduced below {85} 90%, the department shall create a proposal that outlines options for how the department may maintain Medicaid expansion within projected funding.

(C) reversing provider payment rate increases approved or implemented during the one-year period immediately before the day of the state determination that the {effective } expansion FMAP rate is reduced if the rate increase is paid for using general funds or income tax funds;

[(b)] (e) {At least 60 days before the day the authority to implement Medicaid expansion sunsets under Subsection (4)(a), the department shall send the State Tax Commission notice that the Medicaid expansion program is ending.} - 15 - HB0015 compared with HB0015S02 {[(b)] (f)} The department shall close the program to new enrollment if the cost of [the ]Medicaid] Medicaid [waiver ]expansion is projected to exceed the appropriations for the fiscal year that are authorized by the Legislature through an appropriations act adopted in accordance with Title 63J, Chapter 1, Budgetary Procedures Act.

(g){(f)}(f) If the authority for Medicaid expansion sunsets, {no } not more than 90 days after the day the authority sunsets, the department and the {Division } Governor's Office of {Finance } Planning and Budget- shall14 provide- recommendationsEnrolled toCopy theH.B. Executive Appropriations Committee regarding how any remaining funds in the Medicaid ACA Fund, created in Section 26B-1-315, should be used.

15 Budget shall provide recommendations to the Executive Appropriations Committee regarding how any remaining funds in the Medicaid ACA Fund, created in Section 26B-1-315, should be used.

26B-3-506.26B-3-506 (Effective 05/06/26) (Repealed 07/01/34).

(2)(2)(a) (a) The hospital share is capped at no more than $13,600,000 annually, consisting of:

(4)(4)(a) - 16 - HB0015 compared with HB0015S02 (a) In the report described in Subsection [26B-3-113(8)] 26B-3-113(6), the department shall calculate the state's net cost of each of the programs described in Subsections (1)(a) through (c) that are in effect for that year.

(5) A Medicaid accountable care organization shall, on or before October 15 of each year, report to the department the following data from the prior state fiscal year for each private hospital, state teaching hospital, and non-state government hospital provider that the- Medicaid15 accountable- careH.B. organization contracts with:

15 Enrolled Copy the Medicaid accountable care organization contracts with:

26B-3-601.26B-3-601 (Effective 05/06/26) (Repealed 07/01/34).

- 17 - HB0015 compared with HB0015S02 (3) "Discharges" means the number of total hospital discharges reported on:

or (b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(3)(a) (a) is no longer available.

(8)- "Medicaid16 waiver- expansion"Enrolled meansCopy theH.B. same as that term is defined in Section 26B-3-210.

15 (8) "Medicaid waiver expansion" means the same as that term is defined in Section 26B-3-210.

(10)(10)(a) (a) "Non-state government hospital" means a hospital owned by a non-state government entity.

(11)(11)(a) (a) "Private hospital" means:

[(12) "Qualified Medicaid expansion" means an expansion of the Medicaid program in accordance with Subsection 26B-3-113(5).] - 18 - HB0015 compared with HB0015S02 [(13)] (12) "State teaching hospital" means a state owned teaching hospital that is part of an institution of higher education.

26B-3-606.26B-3-606 (Effective 05/06/26) (Repealed 07/01/34).

(3) If the assessment collected in the previous fiscal year is above or below the hospital share for private hospitals for the previous fiscal year, the division shall apply the underpayment or overpayment of the assessment by the private hospitals to the fiscal year- in17 which- theH.B. report is issued.

15 Enrolled Copy year in which the report is issued.

26B-3-707.26B-3-707 (Effective 05/06/26) (Repealed 07/01/28).

(2)(2)(a) (a) To preserve and improve the quality of inpatient and outpatient hospital services authorized under Subsection (1)(b), the division shall amend its quality strategies required by 42 C.F.R.

- 19 - HB0015 compared with HB0015S02 (c) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to adopt the selected quality measures and prescribe penalties for not meeting the quality standards that are established by the division by rule.

{Section 8.

Section 59-12-103 is amended to read:

} 59-12-103.

Sales and use tax base -- Rates -- Effective dates -- Use of sales and use tax revenue.

(1) A tax is imposed on the purchaser as provided in this part on the purchase price or sales price for amounts paid or charged for the following transactions:

(a) retail sales of tangible personal property made within the state;

(b) amounts paid for:

(i) telecommunications service, other than mobile telecommunications service, that originates and terminates within the boundaries of this state;

(ii) mobile telecommunications service that originates and terminates within the boundaries of one state only to the extent permitted by the Mobile Telecommunications Sourcing Act, 4 U.S.C.

Sec.

116 et seq.;

or (iii) an ancillary service associated with a:

(A) telecommunications service described in Subsection (1)(b)(i);

or (B) mobile telecommunications service described in Subsection (1)(b)(ii);

(c) sales of the following for commercial use:

(i) gas;

(ii) electricity;

(iii) heat;

(iv) coal;

(v) fuel oil;

or (vi) other fuels;

(d) sales of the following for residential use:

(i) gas;

(ii) electricity;

(iii) heat;

- 20 - HB0015 compared with HB0015S02 (iv) coal;

(v) fuel oil;

or (vi) other fuels;

(e) sales of prepared food;

(f) except as provided in Section 59-12-104, amounts paid or charged as admission or user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature, exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries, fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails, tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises, horseback rides, sports activities, or any other amusement, entertainment, recreation, exhibition, cultural, or athletic activity;

(g) amounts paid or charged for services for repairs or renovations of tangible personal property, unless Section 59-12-104 provides for an exemption from sales and use tax for:

(i) the tangible personal property;

and (ii) parts used in the repairs or renovations of the tangible personal property described in Subsection (1) (g)(i), regardless of whether:

(A) any parts are actually used in the repairs or renovations of that tangible personal property;

or (B) the particular parts used in the repairs or renovations of that tangible personal property are exempt from a tax under this chapter;

(h) except as provided in Subsection 59-12-104(7), amounts paid or charged for assisted cleaning or washing of tangible personal property;

(i) amounts paid or charged for short-term rentals of tourist home, hotel, motel, or trailer court accommodations and services;

(j) amounts paid or charged for laundry or dry cleaning services;

(k) amounts paid or charged for leases or rentals of tangible personal property if within this state the tangible personal property is:

(i) stored;

(ii) used;

or (iii) otherwise consumed;

- 21 - HB0015 compared with HB0015S02 (l) amounts paid or charged for tangible personal property if within this state the tangible personal property is:

(i) stored;

(ii) used;

or (iii) consumed;

(m) amounts paid or charged for a sale:

(i) (A) of a product transferred electronically;

or (B) of a repair or renovation of a product transferred electronically;

and (ii) regardless of whether the sale provides:

(A) a right of permanent use of the product;

or (B) a right to use the product that is less than a permanent use, including a right:

(I) for a definite or specified length of time;

and (II) that terminates upon the occurrence of a condition;

and (n) sales of leased tangible personal property from the lessor to the lessee made in the state.

(2) (a) Except as provided in Subsections (2)(b) through (f), a state tax and a local tax are imposed on a transaction described in Subsection (1) equal to the sum of:

(i) a state tax imposed on the transaction at a tax rate equal to the sum of:

(A) 4.70%;

(B) the rate specified in Subsection (6)(a);

and (C) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211 through 59-12-215 is in a city, town, or the unincorporated area of a county in which the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act;

and (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the transaction under this chapter other than this part.

(b) Except as provided in Subsection (2)(f) or (g) and subject to Subsection (2)(l), a state tax and a local tax are imposed on a transaction described in Subsection (1)(d) equal to the sum of:

(i) a state tax imposed on the transaction at a tax rate of 2%;

and - 22 - HB0015 compared with HB0015S02 (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the transaction under this chapter other than this part.

(c) Except as provided in Subsection (2)(f) or (g), a state tax and a local tax are imposed on amounts paid or charged for food and food ingredients equal to the sum of:

(i) a state tax imposed on the amounts paid or charged for food and food ingredients at a tax rate of 1.75%;

and (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the amounts paid or charged for food and food ingredients under this chapter other than this part.

(d) Except as provided in Subsection (2)(f) or (g), a state tax is imposed on amounts paid or charged for fuel to a common carrier that is a railroad for use in a locomotive engine at a rate equal to the sum of the rates described in Subsections (2)(a)(i)(A) and (2)(a)(i)(B).

(e) (i) (A) The rates described in Subsections (2)(a)(i)(A) and (2)(a)(i)(B) do not apply to car sharing, a car sharing program, a shared vehicle driver, or a shared vehicle owner, for a car sharing or shared vehicle transaction if a shared vehicle owner certifies to the commission, on a form prescribed by the commission, that the shared vehicle is an individual-owned shared vehicle.

(B) A shared vehicle owner's certification described in Subsection (2)(e)(i)(A) is required once during the time that the shared vehicle owner owns the shared vehicle.

(C) The commission shall verify that a shared vehicle is an individual-owned shared vehicle by verifying that the applicable Utah taxes imposed under this chapter were paid on the purchase of the shared vehicle.

(D) The exception under Subsection (2)(e)(i)(A) applies to a certified individual-owned shared vehicle shared through a car-sharing program even if non-certified shared vehicles are also available to be shared through the same car-sharing program.

(ii) A tax imposed under Subsection (2)(a)(i)(C) or (2)(a)(ii) applies to car sharing.

(iii) (A) A car-sharing program may rely in good faith on a shared vehicle owner's representation that the shared vehicle is an individual-owned shared vehicle certified with the commission as described in Subsection (2)(e)(i).

- 23 - HB0015 compared with HB0015S02 (B) If a car-sharing program relies in good faith on a shared vehicle owner's representation that the shared vehicle is an individual-owned shared vehicle certified with the commission as described in Subsection (2)(e)(i), the car-sharing program is not liable for any tax, penalty, fee, or other sanction imposed on the shared vehicle owner.

(iv) If all shared vehicles shared through a car-sharing program are certified as described in Subsection (2)(e)(i)(A) for a tax period, the car-sharing program has no obligation to collect and remit the tax under Subsections (2)(a)(i)(A) and (2)(a)(i)(B) for that tax period.

(v) A car-sharing program is not required to list or otherwise identify an individual-owned shared vehicle on a return or an attachment to a return.

(vi) A car-sharing program shall:

(A) retain tax information for each car-sharing program transaction;

and (B) provide the information described in Subsection (2)(e)(vi)(A) to the commission at the commission's request.

(f) (i) For a bundled transaction that is attributable to food and food ingredients and tangible personal property other than food and food ingredients, a state tax and a local tax is imposed on the entire bundled transaction equal to the sum of:

(A) the tax rates described in Subsection (2)(a)(i);

and (B) a local tax imposed on the entire bundled transaction at the sum of the tax rates described in Subsection (2)(a)(ii).

(ii) If an optional computer software maintenance contract is a bundled transaction that consists of taxable and nontaxable products that are not separately itemized on an invoice or similar billing document, the purchase of the optional computer software maintenance contract is 40% taxable under this chapter and 60% nontaxable under this chapter.

(iii) Subject to Subsection (2)(f)(iv), for a bundled transaction other than a bundled transaction described in Subsection (2)(f)(i) or (ii):

(A) if the sales price of the bundled transaction is attributable to tangible personal property, a product, or a service that is subject to taxation under this chapter and tangible personal property, a product, or service that is not subject to taxation under this chapter, the entire bundled transaction is subject to taxation under this chapter unless:

- 24 - HB0015 compared with HB0015S02 (I) the seller is able to identify by reasonable and verifiable standards the tangible personal property, product, or service that is not subject to taxation under this chapter from the books and records the seller keeps in the seller's regular course of business;

or (II) state or federal law provides otherwise;

or (B) if the sales price of a bundled transaction is attributable to two or more items of tangible personal property, products, or services that are subject to taxation under this chapter at different rates, the entire bundled transaction is subject to taxation under this chapter at the higher tax rate unless:

(I) the seller is able to identify by reasonable and verifiable standards the tangible personal property, product, or service that is subject to taxation under this chapter at the lower tax rate from the books and records the seller keeps in the seller's regular course of business;

or (II) state or federal law provides otherwise.

(iv) For purposes of Subsection (2)(f)(iii), books and records that a seller keeps in the seller's regular course of business includes books and records the seller keeps in the regular course of business for nontax purposes.

(g) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(g)(ii) and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental of tangible personal property, other property, a product, or a service that is not subject to taxation under this chapter, the entire transaction is subject to taxation under this chapter unless the seller, at the time of the transaction:

(A) separately states the portion of the transaction that is not subject to taxation under this chapter on an invoice, bill of sale, or similar document provided to the purchaser;

or (B) is able to identify by reasonable and verifiable standards, from the books and records the seller keeps in the seller's regular course of business, the portion of the transaction that is not subject to taxation under this chapter.

(ii) A purchaser and a seller may correct the taxability of a transaction if:

(A) after the transaction occurs, the purchaser and the seller discover that the portion of the transaction that is not subject to taxation under this chapter was not separately stated on an invoice, bill of sale, or similar document provided to the purchaser because of an error or ignorance of the law;

and - 25 - HB0015 compared with HB0015S02 (B) the seller is able to identify by reasonable and verifiable standards, from the books and records the seller keeps in the seller's regular course of business, the portion of the transaction that is not subject to taxation under this chapter.

(iii) For purposes of Subsections (2)(g)(i) and (ii), books and records that a seller keeps in the seller's regular course of business includes books and records the seller keeps in the regular course of business for nontax purposes.

(h) (i) If the sales price of a transaction is attributable to two or more items of tangible personal property, products, or services that are subject to taxation under this chapter at different rates, the entire purchase is subject to taxation under this chapter at the higher tax rate unless the seller, at the time of the transaction:

(A) separately states the items subject to taxation under this chapter at each of the different rates on an invoice, bill of sale, or similar document provided to the purchaser;

or (B) is able to identify by reasonable and verifiable standards the tangible personal property, product, or service that is subject to taxation under this chapter at the lower tax rate from the books and records the seller keeps in the seller's regular course of business.

(ii) For purposes of Subsection (2)(h)(i), books and records that a seller keeps in the seller's regular course of business includes books and records the seller keeps in the regular course of business for nontax purposes.

(i) Subject to Subsections (2)(j) and (k), a tax rate repeal or tax rate change for a tax rate imposed under the following shall take effect on the first day of a calendar quarter:

(i) Subsection (2)(a)(i)(A);

(ii) Subsection (2)(a)(i)(B);

(iii) Subsection (2)(b)(i);

(iv) Subsection (2)(c)(i);

or (v) Subsection (2)(f)(i)(A).

(j) (i) A tax rate increase takes effect on the first day of the first billing period that begins on or after the effective date of the tax rate increase if the billing period for the transaction begins before the effective date of a tax rate increase imposed under:

(A) Subsection (2)(a)(i)(A);

- 26 - HB0015 compared with HB0015S02 (B) Subsection (2)(a)(i)(B);

(C) Subsection (2)(b)(i);

(D) Subsection (2)(c)(i);

or (E) Subsection (2)(f)(i)(A).

(ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing statement for the billing period is rendered on or after the effective date of the repeal of the tax or the tax rate decrease imposed under:

(A) Subsection (2)(a)(i)(A);

(B) Subsection (2)(a)(i)(B);

(C) Subsection (2)(b)(i);

(D) Subsection (2)(c)(i);

or (E) Subsection (2)(f)(i)(A).

(k) (i) For a tax rate described in Subsection (2)(k)(ii), if a tax due on a catalogue sale is computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal or change in a tax rate takes effect:

(A) on the first day of a calendar quarter;

and (B) beginning 60 days after the effective date of the tax rate repeal or tax rate change.

(ii) Subsection (2)(k)(i) applies to the tax rates described in the following:

(A) Subsection (2)(a)(i)(A);

(B) Subsection (2)(a)(i)(B);

(C) Subsection (2)(b)(i);

(D) Subsection (2)(c)(i);

or (E) Subsection (2)(f)(i)(A).

(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may by rule define the term "catalogue sale." (l) (i) For a location described in Subsection (2)(l)(ii), the commission shall determine the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel based on the predominant use of the gas, electricity, heat, coal, fuel oil, or other fuel at the location.

- 27 - HB0015 compared with HB0015S02 (ii) Subsection (2)(l)(i) applies to a location where gas, electricity, heat, coal, fuel oil, or other fuel is furnished through a single meter for two or more of the following uses:

(A) a commercial use;

(B) an industrial use;

or (C) a residential use.

(3) (a) The commission shall deposit the following state taxes into the General Fund:

(i) the tax imposed by Subsection (2)(a)(i)(A);

(ii) the tax imposed by Subsection (2)(b)(i);

(iii) the tax imposed by Subsection (2)(c)(i);

(iv) the tax imposed by Subsection (2)(d);

and (v) the tax imposed by Subsection (2)(f)(i)(A).

(b) The commission shall distribute the following local taxes to a county, city, or town as provided in this chapter:

(i) the tax imposed by Subsection (2)(a)(ii);

(ii) the tax imposed by Subsection (2)(b)(ii);

(iii) the tax imposed by Subsection (2)(c)(ii);

and (iv) the tax imposed by Subsection (2)(f)(i)(B).

(4) (a) Notwithstanding Subsection (3)(a), for each fiscal year the commission shall make the deposits described in Subsections (4)(b) through (4)(h) from the revenue from the taxes imposed by:

(i) Subsection (2)(a)(i)(A);

(ii) Subsection (2)(b)(i);

(iii) Subsection (2)(c)(i);

and (iv) Subsection (2)(f)(i)(A).

(b) The commission shall deposit 15% of the difference between 1.4543% of the revenue described in Subsection (4)(a) and the deposits made under Subsection (5)(b), into the Water Rights Restricted Account created in Section 73-2-1.6.

(c) The commission shall deposit 85% of the difference between 1.4543% of the revenue described in Subsection (4)(a) and the deposits made under Subsection (5)(b), into the Water Resources - 28 - HB0015 compared with HB0015S02 Conservation and Development Fund created in Section 73-10-24 for use by the Division of Water Resources for:

(i) preconstruction costs:

(A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73, Chapter 26, Bear River Development Act;

and (B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;

(ii) the cost of employing a civil engineer to oversee any project authorized by Title 73, Chapter 26, Bear River Development Act;

(iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;

and (iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and Subsection (5)(b)(iv) (B) after funding the uses specified in Subsections (4)(c)(i) through (iii).

(d) The commission shall deposit 1.4543% of the revenue described in Subsection (4)(a) into the Water Infrastructure Restricted Account created in Section 73-10g-103.

(e) (i) Subject to Subsection (4)(e)(ii), the commission shall deposit 26.24% of the revenue described in Subsection (4)(a) into the Transportation Investment Fund of 2005 created in Section 72-2-124.

(ii) The commission shall annually reduce the deposit described in Subsection (4)(e)(i) by the sum of:

(A) $1,813,400;

(B) the earmark described in Subsection (5)(c);

and (C) an amount equal to 35% of the revenue generated in the current fiscal year by the portion of the tax imposed on motor and special fuel that is sold, used, or received in the state that exceeds 29.4 cents per gallon.

(iii) The amount described in Subsection (4)(e)(ii)(C) shall be annually deposited into the Transit Transportation Investment Fund created in Section 72-2-124.

(f) The commission shall deposit .44% of the revenue described in Subsection (4)(a) into the Cottonwood Canyons Transportation Investment Fund created in Section 72-2-124.

(g) The commission shall deposit 1% of the revenue described in Subsection (4)(a) into the Commuter Rail Subaccount created in Section 72-2-124.

- 29 - HB0015 compared with HB0015S02 (h) The commission shall deposit 1% of the revenue described in Subsection (4)(a) into the Outdoor Adventure Infrastructure Restricted Account created in Section 51-9-902 as follows:

(i) into the Outdoor Adventure Infrastructure Restricted Account created in Section 51-9-902, an amount equal to the amount that was deposited into the Outdoor Adventure Infrastructure Restricted Account in fiscal year 2025;

and (ii) for any amount exceeding the amount described in Subsection (4)(h)(i), 50% into the Outdoor Adventure Infrastructure Restricted Account and 50% to the Utah Fairpark Area Investment and Restoration District created in Section 11-70-201.

(5) (a) Notwithstanding Subsection (3)(a), each fiscal year the commission shall make the deposits described in this Subsection (5).

(b) (i) (A) The commission shall deposit $500,000 to the Department of Natural Resources to be used for watershed rehabilitation or restoration.

(B) At the end of each fiscal year, 100% of any unexpended amount described in Subsection (5) (b)(i)(A) shall lapse into the Water Resources Conservation and Development Fund created in Section 73-10-24.

(ii) The commission shall deposit $150,000 to the Division of Water Resources for cloud-seeding projects authorized by Title 73, Chapter 15, Modification of Weather.

(iii) The commission shall deposit $525,000 into the Division of Conservation created in Section 4-46-401 to implement water related programs.

(iv) The commission shall deposit $7,175,000 into the Water Resources Conservation and Development Fund created in Section 73-10-24 for use by the Division of Water Resources:

(A) for the uses allowed of the Water Resources Conservation and Development Fund under Section 73-10-24;

(B) to conduct hydrologic and geotechnical investigations by the Division of Water Resources in a cooperative effort with other state, federal, or local entities, for the purpose of quantifying surface and ground water resources and describing the hydrologic systems of an area in sufficient detail so as to enable local and state resource managers to plan for and accommodate growth in water use without jeopardizing the resource;

- 30 - HB0015 compared with HB0015S02 (C) to fund state required dam safety improvements;

and (D) to protect the state's interest in interstate water compact allocations, including the hiring of technical and legal staff.

(v) The commission shall deposit $3,587,500 into the Utah Wastewater Loan Program Subaccount created in Section 73-10c-5 for use by the Water Quality Board to fund wastewater projects.

(vi) The commission shall deposit $3,587,500 into the Drinking Water Loan Program Subaccount created in Section 73-10c-5 for use by the Division of Drinking Water to:

(A) provide for the installation and repair of collection, treatment, storage, and distribution facilities for any public water system, as defined in Section 19-4-102;

(B) develop underground sources of water, including springs and wells;

and (C) develop surface water sources.

(vii) The commission shall deposit $2,450,000 to the Division of Wildlife Resources to:

(A) implement the measures described in Subsections 23A-3-214(3)(a) through (d) to protect sensitive plant and animal species;

or (B) award grants, up to the amount authorized by the Legislature in an appropriations act, to political subdivisions of the state to implement the measures described in Subsections 23A-3-214(3)(a) through (d) to protect sensitive plant and animal species.

(viii) Funds transferred to the Division of Wildlife Resources under Subsection (5)(b)(vii)(A) may not be used to assist the United States Fish and Wildlife Service or any other person to list or attempt to have listed a species as threatened or endangered under the Endangered Species Act of 1973, 16 U.S.C.

Sec.

1531, et seq.

(ix) At the end of each fiscal year, any unexpended amounts described in Subsections (5)(b)(vii)(A) and (B) shall lapse:

(A) 50% into the Water Resources Conservation and Development Fund created in Section 73-10-24;

(B) 25% into the Utah Wastewater Loan Program Subaccount created in Section 73-10c-5;

and (C) 25% into the Drinking Water Loan Program Subaccount created in Section 73-10c-5.

(x) The commission shall allocate $175,000 to the Division of Water Rights to cover the costs incurred in hiring legal and technical staff for the adjudication of water rights.

(xi) At the end of each fiscal year, any unexpended amounts described in Subsection (5)(b)(x) shall lapse:

(A) 50% into the Water Resources Conservation and Development Fund created in Section 73-10-24;

- 31 - HB0015 compared with HB0015S02 (B) 25% into the Utah Wastewater Loan Program Subaccount created in Section 73-10c-5;

and (C) 25% into the Drinking Water Loan Program Subaccount created in Section 73-10c-5.

(c) The commission shall deposit $45,000,000 into the Active Transportation Investment Fund created in Section 72-2-124.

(d) The commission shall deposit $533,750 into the Qualified Emergency Food Agencies Fund created by and expended in accordance with Section 35A-8-1009.

(e) The commission shall deposit $200,000 into the General Fund as a dedicated credit for the sole use of the Search and Rescue Financial Assistance Program created by and to be expended in accordance with Title 53, Chapter 2a, Part 11, Search and Rescue Act.

(6) (a) The rate specified in this Subsection (6) is:

(i) 0.15%[.] ;

or (ii) 0% beginning on the July 1 Medicaid expansion ends if the commission receives notice described in Subsection 26B-3-210(4)(d).

(b) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year beginning on or after July 1, 2019, annually transfer the amount of revenue collected from the rate described in Subsection (6) (a) on the transactions that are subject to the sales and use tax under Subsection (2)(a)(i)(B) into the Medicaid ACA Fund created in Section 26B-1-315.

(7) (a) Notwithstanding Subsection (3)(a) and except as provided in Subsections (11), (12), and (13), and as described in Section 63N-3-610, beginning the first day of a calendar quarter one year after the sales and use tax boundary for a housing and transit reinvestment zone is established under Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, the commission, at least annually, shall transfer an amount equal to 15% of the sales and use tax increment from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring within an established sales and use tax boundary, as defined in Section 63N-3-602, into the Transit Transportation Investment Fund created in Section 72-2-124.

(b) Beginning no sooner than January 1, 2026, notwithstanding Subsection (3)(a), and except as provided in Subsections (11), (12), and (13), and as described in Section 63N-3-610.1, beginning the first day of a calendar quarter after the year set in the proposal and after the sales and use tax boundary for a convention center reinvestment zone is established in a capital city under Title - 32 - HB0015 compared with HB0015S02 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, the commission, at least annually, shall transfer an amount equal to 50% of the sales and use tax increment as defined in Section 63N-3-602 from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring within an established sales and use tax boundary, as defined in Section 63N-3-602, to a convention center public infrastructure district created in accordance with Section 17D-4-202.1 and specified in the convention center reinvestment zone proposal submitted pursuant to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act.

(8) Notwithstanding Subsection (3)(a) and except as provided in Subsections (11), (12), and (13), beginning October 1, 2024, the commission shall transfer to the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201, the revenue from the sales and use tax imposed by Subsection (2)(a)(i)(A), on transactions occurring within the district sales tax area, as defined in Section 11-70-101.

(9) (a) As used in this Subsection (9):

(i) "Additional land" means point of the mountain state land described in Subsection 11-59-102(6) (b) that the point of the mountain authority acquires after the point of the mountain authority provides the commission a map under Subsection (9)(c).

(ii) "Point of the mountain authority" means the Point of the Mountain State Land Authority, created in Section 11-59-201.

(iii) "Point of the mountain state land" means the same as that term is defined in Section 11-59-102.

(b) Notwithstanding Subsection (3)(a) and except as provided in Subsections (11), (12), and (13), the commission shall distribute to the point of the mountain authority 50% of the revenue from the sales and use tax imposed by Subsection (2)(a)(i)(A), on transactions occurring on the point of the mountain state land.

(c) The distribution under Subsection (9)(b) shall begin the next calendar quarter that begins at least 90 days after the point of the mountain authority provides the commission a map that:

(i) accurately describes the point of the mountain state land;

and (ii) the point of the mountain authority certifies as accurate.

(d) A distribution under Subsection (9)(b) with respect to additional land shall begin the next calendar quarter that begins at least 90 days after the point of the mountain authority provides the commission a map of point of the mountain state land that:

- 33 - HB0015 compared with HB0015S02 (i) accurately describes the point of the mountain state land, including the additional land;

and (ii) the point of the mountain authority certifies as accurate.

(e) (i) Upon the payment in full of bonds secured by the sales and use tax revenue distributed to the point of the mountain authority under Subsection (9)(b), the point of the mountain authority shall immediately notify the commission in writing that the bonds are paid in full.

(ii) The commission shall discontinue distributions of sales and use tax revenue under Subsection (9)(b) at the beginning of the calendar quarter that begins at least 90 days after the date that the commission receives the written notice under Subsection (9)(e)(i).

(10) Notwithstanding Subsection (3)(a), the amount of state sales tax revenues described in Section 63N-2-503.5 is deposited into the Convention Incentive Fund created in Section 63N-2-503.5.

(11) (a) As used in this Subsection (11):

(i) "Applicable percentage" means:

(A) for a housing and transit reinvestment zone created under Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, 15% of the revenue from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate for sales occurring within the qualified development zone described in Subsection (11)(a)(ii)(A);

(B) for the Utah Fairpark Area Investment and Restoration District created in Section 11-70-201, the revenue from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate for sales occurring within the qualified development zone described in Subsection (11)(a)(ii)(B);

and (C) for the Point of the Mountain State Land Authority created in Section 11-59-201, 50% of the revenue from sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate for sales occurring within the qualified development zone described in Subsection (11)(a)(ii)(C).

(ii) "Qualified development zone" means:

(A) the sales and use tax boundary of a housing and transit reinvestment zone created under Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act;

(B) the district sales tax boundary as defined in Section 11-70-101 for the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201;

or (C) the sales and use tax boundary of point of the mountain state land, as defined in Section 11-59-102, under the Point of the Mountain State Land Authority created in Section 11-59-201.

- 34 - HB0015 compared with HB0015S02 (iii) "Schedule J sale" means a sale reported on State Tax Commission Form TC-62M, Schedule J or a substantially similar form as designated by the commission.

(b) Revenue generated from the applicable percentage by a Schedule J sale within a qualified development zone shall be deposited into the General Fund.

(12) (a) As used in Subsections (12) and (13):

(i) "Applicable percentage" means, for a convention center reinvestment zone created in a capital city under Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, an amount equal to 50% of the sales and use tax increment, as that term is defined in Section 63N-3-602, from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate for sales occurring within the qualified development zone described in Subsection (12)(a)(ii).

(ii) "Qualified development zone" means the sales and use tax boundary of a convention center reinvestment zone created in a capital city under Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act.

(iii) "Qualifying construction materials" means construction materials that are:

(A) delivered to a delivery outlet within a qualified development zone;

and (B) intended to be permanently attached to real property within the qualified development zone.

(b) For a sale of qualifying construction materials, the commission shall distribute the product calculated in Subsection (12)(c) to a qualified development zone if the seller of the construction materials:

(i) establishes a delivery outlet with the commission within the qualified development zone;

(ii) reports the sales of the construction materials to the delivery outlet described in Subsection (12)(b) (i);

and (iii) does not report the sales of the construction materials on a simplified electronic return.

(c) For the purposes of Subsection (12)(b), the product is equal to:

(i) the sales price or purchase price of the qualifying construction materials;

and (ii) the applicable percentage.

(13) (a) As used in this Subsection (13), "Schedule J sale" means a sale reported on State Tax Commission Form TC-62M, Schedule J, or a substantially similar form as designated by the commission.

- 35 - HB0015 compared with HB0015S02 (b) Revenue generated from the applicable percentage by a Schedule J sale within a qualified development zone shall be distributed into the General Fund.

Effective date.

(1) {Except as provided in Subsection (2), this } This bill takes effect on May 6, 2026.

{(2) {The actions affecting Section 59-12-103 (Effective 07/01/26) take effect on July 1, 2026.} } 2-13-26 10:13 AM - 3618 -