HB 436 — Moderate Income Housing Infrastructure Amendments

(5)(5)(a) (a) A specified municipality qualifies for priority consideration under this Subsection (5) if the specified municipality's report:

(6)(6)(a) (a) In addition to the priority consideration a specified municipality may receive under Subsection (5), a specified municipality qualifies for priority consideration under this Subsection (6) if the specified municipality's report:

and (ii) demonstrates to the division that the specified municipality's percent change of new residential dwelling units in the municipality during the previous 12-month periodperiod, , as described in Subsection (2)(b)(vii), is 2.5% or greater.

(b) The Transportation Commission shall, in accordance with Subsection 72-1-304(3)(c), give priority consideration to a significant regional transportation project, as determined by the Transportation Commission, that benefits a specified municipality described in Subsection (6)(a) - 7 - HB0436 compared with HB0436S01 and is located within or outside the boundaries of the specified municipality until the Department of Transportation receives notice from the division under Subsection (7)(c).

[(c)] (7)(7)(a) (a) Upon determining that a specified municipality qualifies for priority consideration under[ this] Subsection (5) or (6), the division shall send a notice of prioritization to the legislative body of the specified municipality and the Department of- Transportation.7 - H.B.

436 Enrolled Copy of Transportation.

[(6)] (8)(8)(a) (a) If the division, after reviewing a specified municipality's report, determines that the report does not comply with this section, the division shall send a notice of noncompliance to the legislative body of the specified municipality.

and - 8 - HB0436 compared with HB0436S01 (iii) state that failure to take action under Subsection [(6)(c)(ii)] (8)(c)(ii) will result in the specified municipality's ineligibility for funds under Subsection [(8)] (10).

(e)- (i)8 If- aEnrolled specifiedCopy municipalityH.B. submits to the division a corrected report in accordance with Subsection [(6)(b)(i)] (8)(b)(i) and the division determines that the corrected report does not comply with this section, the division shall send a second notice of noncompliance to the legislative body of the specified municipality within 30 days after the day on which the corrected report is submitted.

436 (e)(i) If a specified municipality submits to the division a corrected report in accordance with Subsection [(6)(b)(i)] (8)(b)(i) and the division determines that the corrected report does not comply with this section, the division shall send a second notice of noncompliance to the legislative body of the specified municipality within 30 days after the day on which the corrected report is submitted.

[(7)] (9)(9)(a) (a) A specified municipality that receives a notice of noncompliance under Subsection [(6)(a)] (8)(a) or [(6)(e)(i)] (8)(e)(i) may request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent.

- 9 - HB0436 compared with HB0436S01 (c) The written decision of the appeal board shall either uphold or reverse the division's determination of noncompliance.

[(8)]- (10)9 (a)- AH.B. specified municipality is ineligible for funds under this Subsection [(8)] (10) if:

436 Enrolled Copy [(8)] (10)(a) A specified municipality is ineligible for funds under this Subsection [(8)] (10) if:

and - 10 - HB0436 compared with HB0436S01 (iii) beginning with the report submitted in 2025, the specified municipality shall pay a fee to the Olene Walker Housing Loan Fund in the amount of $500 per day that the specified municipality, in a consecutive year:

(A)- fails10 to- submitEnrolled theCopy reportH.B. to the division in accordance with this section, beginning the day after the day on which the report was due;

436 (A) fails to submit the report to the division in accordance with this section, beginning the day after the day on which the report was due;

(iii) describe the fee the specified municipality is required to pay under Subsection [(8)(b)][ (8)(b)] (10)(b), if applicable;

-17-80-202 11(Effective -05/06/26). HB0436 compared with HB0436S01 17-80-202.

(1)(1)(a) (a) The legislative body of a specified county shall annually submit an initial report to the division.

(b)- (i)11 This- SubsectionH.B. (1)(b) applies to a county that is not a specified county as of January 1, 2023.

436 Enrolled Copy (b)(i) This Subsection (1)(b) applies to a county that is not a specified county as of January 1, 2023.

(2)(2)(a) (a) After the division approves a specified county's initial report under this section, the specified county shall, as an administrative act, annually submit to the division a subsequent progress report on or before August 1 of each year after the year in which the specified county is required to submit the initial report.

(ii) a description of each land use regulation or land use decision made by the specified county during the previous 12-month period to implement the moderate income housing strategies, including an - 12 - HB0436 compared with HB0436S01 explanation of how the land use regulation or land use decision supports the specified county's efforts to implement the moderate income housing strategies;

(v)- shapefiles,12 or- websiteEnrolled linksCopy ifH.B. shapefiles are not available, to current maps and tables related to zoning;

436 (v) shapefiles, or website links if shapefiles are not available, to current maps and tables related to zoning;

- 13 - HB0436 compared with HB0436S01 (b) send a copy of the report to the Department of Transportation, the Governor's Office of Planning and Budget, the association of governments in which the specified county is located, and, if the unincorporated area of the specified county is located within the boundaries of a metropolitan planning organization, the appropriate metropolitan planning organization;

and (c)- subject13 to- SubsectionH.B. (4), review the report to determine compliance with this section.

(4)436 (a)Enrolled AnCopy initial(c) reportsubject compliesto withSubsection this(4), sectionreview if the report:report to determine compliance with this section.

(4)(a) An initial report complies with this section if the report:

(ii) demonstrates to the division that the specified county made plans to implement three or more moderate income housing strategies described in Subsections 17-80-201(3)(a)(ii)(A) through (V) or at least one moderate income housing strategy described in Subsections 17-80-201(3)(a)17-80-201(3)(a)(ii)(W) (ii)(W) through (BB);

(i) demonstrates to the division that the specified county made plans to implement or is implementing three or more moderate income housing strategies described in Subsections 17-80-201(3)(a)(ii)(A) though (V) or at least one moderate income housing strategy described in Subsections 17-80-201(3)17-80-201(3)(a)(ii)(W) (a)(ii)(W) through (BB);

(c) If a specified county initial report or subsequent progress report demonstrates the county plans to implement or is implementing at least one moderate income housing strategy described in - 14 - HB0436 compared with HB0436S01 Subsections 17-80-201(3)(a)(ii)(W) through (BB), the division shall also consider the specified county compliant with the reporting requirement described in this section for:

(5)(5)(a) (a) A specified county qualifies for priority consideration under this Subsection (5) if the specified county's report:

and (ii)- demonstrates14 to- theEnrolled divisionCopy thatH.B. the specified county made plans to implement five or more moderate income housing strategies.

436 (ii) demonstrates to the division that the specified county made plans to implement five or more moderate income housing strategies.

(6)(6)(a) (a) If the division, after reviewing a specified county's report, determines that the report does not comply with this section, the division shall send a notice of noncompliance to the legislative body of the specified county.

- 15 - HB0436 compared with HB0436S01 (i) cure each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent;

or (B)- submit15 to- theH.B. division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent;

436 Enrolled Copy (B) submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent;

(e)(e)(i) (i) If a specified county submits to the division a corrected report in accordance with Subsection (6)(6)(b)(i), (b)(i), and the division determines that the corrected report does not comply with this section, the division shall send a second notice of noncompliance to the legislative body of the specified county.

(7)(7)(a) - 16 - HB0436 compared with HB0436S01 (a) A specified county that receives a notice of noncompliance under Subsection (6)(a) or (6)(e)(i) may request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent.

(c)- The16 written- decisionEnrolled ofCopy theH.B. appeal board shall either uphold or reverse the division's determination of noncompliance.

436 (c) The written decision of the appeal board shall either uphold or reverse the division's determination of noncompliance.

(8)(8)(a) (a) A specified county is ineligible for funds and owes a fee under this Subsection (8) if:

- 17 - HB0436 compared with HB0436S01 (i) the executive director of the Department of Transportation may not program funds from the Transportation Investment Fund of 2005, including the Transit Transportation Investment Fund, to projects located within the unincorporated areas of the specified county in accordance with Subsection 72-2-124(6);

and (iii) beginning with the report submitted in 2025, the specified county shall pay a fee to- the17 Olene- WalkerH.B. Housing Loan Fund in the amount of $500 per day that the specified county, for a consecutive year:

436 Enrolled Copy to the Olene Walker Housing Loan Fund in the amount of $500 per day that the specified county, for a consecutive year:

(f) The division may not determine that a specified county that is required to pay a fee under Subsection (8)(b) is in compliance with the reporting requirements of this section until the specified county - 18 - HB0436 compared with HB0436S01 pays all outstanding fees required under Subsection (8)(b) to the Olene Walker Housing Loan Fund, created under Title 35A, Chapter 8, Part 5, Olene Walker Housing Loan Fund.

59-12-2220.59-12-2220 (Effective 05/06/26).

(1) Subject to the other provisions of this part and subject to the requirements of this section,- the18 following- countiesEnrolled mayCopy imposeH.B. a sales and use tax under this section:

436 section, the following counties may impose a sales and use tax under this section:

- 19 - HB0436 compared with HB0436S01 (2) For purposes of Subsection (1) and subject to the other provisions of this section, a county legislative body that imposes a sales and use tax under this section may impose the tax at a rate of .2%.

(3)(3)(a) (a) The commission shall distribute sales and use tax revenue collected under this section as determined by a county legislative body as described in Subsection (3)(b).

(4)- Subject19 to- SubsectionH.B. (11), and after application of Subsection 59-12-2206(5), if a county legislative body imposes a sales and use tax as described in this section, and the entire boundary of the county is annexed into a large public transit district, and the county is a county of the first class, the commission shall distribute the sales and use tax revenue as follows:

436 Enrolled Copy (4) Subject to Subsection (11), and after application of Subsection 59-12-2206(5), if a county legislative body imposes a sales and use tax as described in this section, and the entire boundary of the county is annexed into a large public transit district, and the county is a county of the first class, the commission shall distribute the sales and use tax revenue as follows:

(6)(6)(a) (a) Except as provided in Subsection (14)(c), if the entire boundary of a county that imposes a sales and use tax as described in this section is not annexed into a single public transit district, but a city or town within the county is annexed into a single public transit district, or if the city or town is an eligible political subdivision, the commission shall distribute the sales and use tax revenue collected within the county as provided in Subsection (6)(b) or (c).

- 20 - HB0436 compared with HB0436S01 (b) For a city, town, or portion of the county described in Subsection (6)(a) that is annexed into the single public transit district, or an eligible political subdivision, the commission shall distribute the sales and use tax revenue collected within the portion of the county that is within a public transit district or eligible political subdivision as follows:

and (ii)- .12%20 to- theEnrolled countyCopy legislativeH.B. body.

436 (ii) .12% to the county legislative body.

(8)(8)(a) (a) Subject to Subsections (8)(b) and (c), the commission shall make the distributions required by Subsections (4)(b), (5)(b), (6)(b)(ii), (6)(c)(i), and (7)(a) as follows:

(i) 50% of the total revenue collected under Subsections (4)(b), (5)(b), (6)(b)(ii), (6)(c)(i), and (7)(7)(a) (a) within the counties that impose a tax under Subsections (4) through (7) shall be distributed to the unincorporated areas, cities, and towns within those counties on the basis of the percentage that the population of each unincorporated area, city, or town bears to the total population of all of the counties that impose a tax under this section;

and (ii) 50% of the total revenue collected under Subsections (4)(b), (5)(b), (6)(b)(ii), (6)(c)(i), and (7)(7)(a) (a) within the counties that impose a tax under Subsections (4) through (7) shall be distributed to the unincorporated areas, cities, and towns within those counties on the basis of the location of the transaction as determined under Sections 59-12-211 through 59-12-215.

(b)(b)(i) - 21 - HB0436 compared with HB0436S01 (i) Population for purposes of this Subsection (8) shall be based on, to the extent not otherwise required by federal law:

(c)(c)(i) (i) Beginning on January 1, 2024, if the Housing and Community Development Division within the Department of Workforce Services determines that a city or town is ineligible for funds in accordance with Subsection [10-21-202(6)] 10-21-202(8), beginning the first day of the calendar quarter after receiving 90 days'- notice,21 the- commissionH.B. shall distribute the distribution that city or town would have received under Subsection (8)(a) to cities or towns to which Subsection [10-21-202(6)] 10-21-202(8) does not apply.

436 Enrolled Copy days' notice, the commission shall distribute the distribution that city or town would have received under Subsection (8)(a) to cities or towns to which Subsection [10-21-202(6)] 10-21-202(8) does not apply.

(10)(10)(a) (a) Except as provided in Subsections (10)(b) and (c), a county, city, or town that received distributions described in Subsections (4)(b), (4)(c), (5)(b), (5)(c), (6)(b)(ii), (6)(b)(iii), (6)(c), and (7) may only expend those funds for a purpose described in Section 59-12-2212.2.

- 22 - HB0436 compared with HB0436S01 (b) If a county described in Subsection (1)(a) that is a county of the first class imposes the sales and use tax authorized in this section, the county may also use funds distributed in accordance with Subsection (4)(c) for public safety purposes.

(11)(11)(a) (a) Subject to Subsections (11)(b), (c), and (d), revenue designated for public transit as described in this section may be used for capital expenses and service delivery expenses of:

(b)(b)(i)(A) (i) (A) If a county of the first class imposes a sales and use tax described in this section,- beginning22 on- theEnrolled dateCopy onH.B. which the county imposes the sales and use tax under this section, and for a three- year period after at least three counties described in Subsections (4) and (5) have imposed a tax under this section, or until June 30, 2030, whichever comes first, revenue designated for public transit within a county of the first class as described in Subsection (4)(a) shall be transferred to the County of the First Class Highway Projects Fund created in Section 72-2-121.

436 section, beginning on the date on which the county imposes the sales and use tax under this section, and for a three-year period after at least three counties described in Subsections (4) and (5) have imposed a tax under this section, or until June 30, 2030, whichever comes first, revenue designated for public transit within a county of the first class as described in Subsection (4)(a) shall be transferred to the County of the First Class Highway Projects Fund created in Section 72-2-121.

- 23 - HB0436 compared with HB0436S01 (A) 50% of the revenue from a sales and use tax imposed under this section in a county of the first class shall be transferred to the County of the First Class Highway Projects Fund created in Section 72-2-121;

(c)(c)(i) (i) If a county that is not a county of the first class for which the entire boundary of the county is annexed into a large public transit district imposes a sales and use tax described in this section, beginning on the date on which the county imposes the sales and use tax under this section, and for a three-year period following the date on which at least three counties described in Subsections (4) and (5) have imposed a tax under this section, or until June 30, 2030, whichever comes first, revenue designated for public transit as described in Subsection (5)(a) shall be transferred to the relevant county legislative body to be used for a purpose described in Subsection (11)(a).

(ii) If a county that is not a county of the first class for which the entire boundary of the county is annexed into a large public transit district imposes a sales and use tax described in this section, beginning on the day three years after the date on which- at23 least- threeH.B. counties described in Subsections (4) and (5) have imposed a tax under this section, or beginning on July 1, 2030, whichever comes first, for the revenue that is designated for public transit in Subsection (5)(a):

436 Enrolled Copy which at least three counties described in Subsections (4) and (5) have imposed a tax under this section, or beginning on July 1, 2030, whichever comes first, for the revenue that is designated for public transit in Subsection (5)(a):

or - 24 - HB0436 compared with HB0436S01 (b) June 30, 2030.

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

(15)(15)(a) (a) Revenue collected from a sales and use tax under this section may not be used to supplant- existing24 General- FundEnrolled appropriationsCopy thatH.B. a county, city, or town budgeted for transportation or public transit as of the date the tax becomes effective for a county, city, or town.

436 supplant existing General Fund appropriations that a county, city, or town budgeted for transportation or public transit as of the date the tax becomes effective for a county, city, or town.

63I-2-210.63I-2-210 (Effective 05/06/26).

- 25 - HB0436 compared with HB0436S01 (4) Subsection 10-21-202(1)(d), regarding the moderate income housing plan reporting requirements for reporting year 2026, is repealed July 1, 2027.

63I-2-217.63I-2-217 (Effective 05/06/26).

72-1-304.72-1-304 (Effective 05/06/26).

(1)(1)(a) (a) 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:

(i) new transportation capacity projects that are or will be part of the state highway system- under25 Chapter- 4,H.B. Part 1, State Highways;

436 Enrolled Copy system under Chapter 4, Part 1, State Highways;

(b)(b)(i) (i) A local government or public transit district may nominate a project for prioritization in accordance with the process established by the commission in rule.

- 26 - HB0436 compared with HB0436S01 (ii) 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:

and (E)- residential26 areas,- includingEnrolled moderateCopy incomeH.B. 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;

436 (E) residential 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;

(3)(3)(a) (a) When prioritizing a public transit project that increases capacity, the commission:

and - 27 - HB0436 compared with HB0436S01 (ii) shall 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.

or (ii) within the boundaries of a housing and transit reinvestment zone created [pursuant[ pursuant to] in accordance with Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act.

(d) 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- accordance27 with- SectionH.B. 10-8-87.

436 Enrolled Copy in accordance with Section 10-8-87.

- 28 - HB0436 compared with HB0436S01 (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).

72-2-124.72-2-124 (Effective 05/06/26) (Superseded 07/01/26).

(3)(3)(a) (a) The fund shall earn interest.

(4)(4)(a) (a) Except as provided in Subsection (4)(b), the executive director may only use fund money- to28 pay:- Enrolled Copy H.B.

436 money to pay:

- 29 - HB0436 compared with HB0436S01 (iv) principal, interest, and issuance costs of bonds authorized by Section 63B-18-401 minus the costs paid from the County of the First Class Highway Projects Fund in accordance with Subsection 72-2-121(4)(e);

(C)- the29 SR-97- interchangeH.B. at 5600 South on I-15;

436 Enrolled Copy (C) the SR-97 interchange at 5600 South on I-15;

- 30 - HB0436 compared with HB0436S01 (J) I-15 northbound between mileposts 43 and 56;

(A) $3,000,000 for the department to perform an environmental study for the I-15 Salem- and30 Benjamin- project;Enrolled Copy H.B.

436 Salem and Benjamin project;

(c)(c)(i) - 31 - HB0436 compared with HB0436S01 (i) Construction related to the project described in Subsection (4)(a)(ix)(D) may not commence until a right-of-way not owned by a federal agency that is required for the realignment and extension of U-111, as described in the department's 2023 environmental study related to the project, is dedicated to the department.

(5)(5)(a) (a) Except as provided in Subsection (5)(b), if the department receives a notice of ineligibility for a municipality as described in Subsection [10-21-202(8)] 10-21-202(10), the executive director may not program fund money to a project prioritized by the commission under Section 72-1-304, including fund money from the Transit Transportation Investment Fund, within the boundaries of the municipality until the department receives notification from the Housing and Community Development Division within the Department of Workforce Services that ineligibility under this Subsection (5) no longer applies to the municipality.

and (iv) may not program Transit Transportation Investment Fund money for the construction, reconstruction, or renovation of a station that is part of a fixed guideway- public31 transportation- project.H.B.

436 Enrolled Copy guideway public transportation project.

(6)(6)(a) (a) Except as provided in Subsection (6)(b), if the department receives a notice of ineligibility for a county as described in Subsection 17-80-202(8), the executive director may not program fund - 32 - HB0436 compared with HB0436S01 money to a project prioritized by the commission under Section 72-1-304, including fund money from the Transit Transportation Investment Fund, within the boundaries of the unincorporated area of the county until the department receives notification from the Housing and Community Development Division within the Department of Workforce Services that ineligibility under this Subsection (6) no longer applies to the county.

(7)(7)(a) (a) Before bonds authorized by Section 63B-18-401 or 63B-27-101 may be issued in any fiscal year, the department and the commission shall appear before the Executive Appropriations Committee of the Legislature and present the amount of bond proceeds that the department needs to provide funding for the projects identified in Subsections 63B-18-401(2), (3), and (4) or Subsection 63B-27-101(2) for the current or next fiscal year.

(b) The Executive Appropriations Committee of the Legislature shall review and comment- on32 the- amountEnrolled ofCopy bondH.B. proceeds needed to fund the projects.

436 comment on the amount of bond proceeds needed to fund the projects.

- 33 - HB0436 compared with HB0436S01 (a) if the project has been prioritized by the commission, including the use of fund money for corridor preservation;

(10)(10)(a) (a) There is created in the Transportation Investment Fund of 2005 the Transit Transportation Investment Fund.

(c)(c)(i) (i) The fund shall earn interest.

(e)(e)(i) (i) Subject to Subsections (10)(g), (h), and (i), the commission may only prioritize money from the fund for a public transit capital development project or pedestrian or nonmotorized transportation - 3433 - HB0436H.B. compared with HB0436S01 project that provides connection to the public transit system if the public transit district or political subdivision provides funds of equal to or greater than 30% of the costs needed for the project.

436 Enrolled Copy money from the fund for a public transit capital development project or pedestrian or nonmotorized transportation project that provides connection to the public transit system if the public transit district or political subdivision provides funds of equal to or greater than 30% of the costs needed for the project.

(11)(11)(a) (a) There is created in the Transportation Investment Fund of 2005 the Cottonwood Canyons- Transportation34 Investment- Fund.Enrolled Copy H.B.

436 Canyons Transportation Investment Fund.

- 35 - HB0436 compared with HB0436S01 (iii) private contributions;

(c)(c)(i) (i) The fund shall earn interest.

(12)(12)(a) (a) There is created in the Transportation Investment Fund of 2005 the Active Transportation Investment Fund.

(c)(c)(i) (i) The fund shall earn interest.

and - 36 - HB0436 compared with HB0436S01 (C) are part of an active transportation plan approved by the department or the plan described in Subsection (12)(d)(ii);

(ii) the development of a plan for a statewide network of paved pedestrian or paved nonmotorized- trails35 that- serveH.B. a regional purpose;

436 Enrolled Copy nonmotorized trails that serve a regional purpose;

(13)(13)(a) (a) As used in this Subsection (13), "commuter rail" means the same as that term is defined in Section 63N-3-602.

(d)(d)(i) (i) The subaccount shall earn interest.

72-2-124.72-2-124 (Effective 07/01/26).

- 37 - HB0436 compared with HB0436S01 (d) the sales and use tax revenues deposited into the fund in accordance with Section 59-12-103;

and (g)- revenue36 from- bondEnrolled proceedsCopy describedH.B. in Section 63B-34-201.

(3)436 (a)(g) Therevenue fundfrom shallbond earnproceeds interest.described in Section 63B-34-201.

(3)(a) The fund shall earn interest.

(4)(4)(a) (a) Except as provided in Subsection (4)(b), the executive director may only use fund money to pay:

- 38 - HB0436 compared with HB0436S01 (A) mitigate traffic congestion on the state highway system;

(ix) $705,000,000 for the costs of right-of-way acquisition, construction, reconstruction,- or37 renovation- ofH.B. or improvement to the following projects:

436 Enrolled Copy reconstruction, or renovation of or improvement to the following projects:

and - 39 - HB0436 compared with HB0436S01 (D) $10,000,000 for improvements to the west side frontage roads adjacent to U.S.

(xii)- for38 a- fiscalEnrolled yearCopy beginningH.B. on July 1, 2025, only, as pass-through funds from revenue deposited into the fund in accordance with Section 59-12-103, for the following projects:

436 (xii) for a fiscal year beginning on July 1, 2025, only, as pass-through funds from revenue deposited into the fund in accordance with Section 59-12-103, for the following projects:

(c)(c)(i) (i) Construction related to the project described in Subsection (4)(a)(ix)(D) may not commence until a right-of-way not owned by a federal agency that is required for the realignment and extension of U-111, as described in the department's 2023 environmental study related to the project, is dedicated to the department.

(5)(5)(a) (a) Except as provided in Subsection (5)(b), if the department receives a notice of ineligibility for a municipality as described in Subsection [10-21-202(8)] 10-21-202(10), the executive director may not program fund money to a project prioritized by the commission under Section 72-1-304, including fund money from the Transit Transportation Investment Fund, within the boundaries of the municipality until the department receives notification from the Housing and Community - 40 - HB0436 compared with HB0436S01 Development Division within the Department of Workforce Services that ineligibility under this Subsection (5) no longer applies to the municipality.

(iii)- may39 program- TransitH.B. Transportation Investment Fund money for a multi-community fixed guideway public transportation project;

436 Enrolled Copy (iii) may program Transit Transportation Investment Fund money for a multi-community fixed guideway public transportation project;

(6)(6)(a) (a) Except as provided in Subsection (6)(b), if the department receives a notice of ineligibility for a county as described in Subsection 17-80-202(8), the executive director may not program fund money to a project prioritized by the commission under Section 72-1-304, including fund money from the Transit Transportation Investment Fund, within the boundaries of the unincorporated area of the county until the department receives notification from the Housing and Community Development Division within the Department of Workforce Services that ineligibility under this Subsection (6) no longer applies to the county.

and - 41 - HB0436 compared with HB0436S01 (iv) may not program Transit Transportation Investment Fund money for the construction, reconstruction, or renovation of a station that is part of a fixed guideway public transportation project.

(7)(7)(a) (a) Before bonds authorized by Section 63B-18-401 or 63B-27-101 may be issued in any fiscal year, the department and the commission shall appear before the Executive Appropriations Committee of the Legislature and present the amount of bond proceeds- that40 the- departmentEnrolled needsCopy toH.B. provide funding for the projects identified in Subsections 63B-18-401(2), (3), and (4) or Subsection 63B-27-101(2) for the current or next fiscal year.

436 proceeds that the department needs to provide funding for the projects identified in Subsections 63B-18-401(2), (3), and (4) or Subsection 63B-27-101(2) for the current or next fiscal year.

(10)(10)(a) (a) There is created in the Transportation Investment Fund of 2005 the Transit Transportation Investment Fund.

- 42 - HB0436 compared with HB0436S01 (iii) deposits of sales and use tax increment related to a housing and transit reinvestment zone as described in Section 63N-3-610;

(c)(c)(i) (i) The fund shall earn interest.

(ii)- to41 the- departmentH.B. for oversight of a fixed guideway capital development project for which the department has responsibility;

436 Enrolled Copy (ii) to the department for oversight of a fixed guideway capital development project for which the department has responsibility;

(e)(e)(i) (i) Subject to Subsections (10)(g), (h), and (i), the commission may only prioritize money from the fund for a public transit capital development project or pedestrian or nonmotorized transportation project that provides connection to the public transit system if the public transit district or political subdivision provides funds of equal to or greater than 30% of the costs needed for the project.

- 43 - HB0436 compared with HB0436S01 (i) the commission may prioritize money from the fund for public transit projects, operations, or maintenance within the county of the first class;

(j) In accordance with Part 4, Public Transit Innovation Grants, the commission may prioritize- money42 from- theEnrolled fundCopy forH.B. public transit innovation grants, as defined in Section 72-2-401, for public transit capital development projects requested by a political subdivision within a public transit district.

(11)436 (a)prioritize Theremoney isfrom createdthe fund for public transit innovation grants, as defined in theSection Transportation72-2-401, Investmentfor Fundpublic oftransit 2005capital thedevelopment Cottonwoodprojects Canyonsrequested Transportationby Investmenta Fund.political subdivision within a public transit district.

(11)(a) There is created in the Transportation Investment Fund of 2005 the Cottonwood Canyons Transportation Investment Fund.

(c)(c)(i) (i) The fund shall earn interest.

(f) Beginning with fiscal year beginning on July 1, 2025, the department shall use any sales and use tax growth over sales and use tax collections during the 2025 fiscal year to fund projects to provide - 44 - HB0436 compared with HB0436S01 ingress and egress for a public transit hub, including construction of the public transit hub, in the Big Cottonwood Canyon area.

(12)(12)(a) (a) There is created in the Transportation Investment Fund of 2005 the Active Transportation Investment Fund.

(c)(c)(i) (i) The fund shall earn interest.

(B)- serve43 a- regionalH.B. purpose;

436 Enrolled Copy (B) serve a regional purpose;

(13)(13)(a) (a) As used in this Subsection (13), "commuter rail" means the same as that term is defined in Section 63N-3-602.

and - 45 - HB0436 compared with HB0436S01 (iv) donations or grants from public or private entities.

(d)(d)(i) (i) The subaccount shall earn interest.

Effective date.

2-26-26 12:53 PM - 4644 -