Utah Code 72-17-105. Establishment of administrative fees — Payment — Expenditures
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(1) The provisions in this section apply beginning on May 7, 2025.
Terms Used In Utah Code 72-17-105
- Commuter rail: means the same as that term is defined in Section
63N-3-602 . See Utah Code 72-17-102 v2 - Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Office: means the Office of Rail Safety created in accordance with Section
72-17-101 . See Utah Code 72-17-102 v2 - Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
- Railroad: means the same as that term is defined in Utah Code 72-17-102 v2
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) The office shall annually determine a fee to be paid by each railroad that operated within the state and is subject to the jurisdiction of the office on a pro rata basis as described in Subsection (3).
(2)(a) The office and the department shall establish the annual fee to produce a total amount not less than the amount required to regulate railroads and carry out the duties described in this part.
(2)(b) The office shall use the revenue generated by the fees paid by each railroad for the investigation and enforcement activities of the office as authorized under this part.
(3)
(3)(a) For grade crossings inspections and services, the office shall establish and each railroad shall pay a fee based on:
(3)(a)(i) as of January 1 of each year, the number of crossings the railroad operates within this state that cross a highway, whether at grade, by overhead structure, or subway; and
(3)(a)(ii) the frequency of use of each crossing the railroad operates, including:
(3)(a)(ii)(A) the frequency of train operation at the crossing; and
(3)(a)(ii)(B) the frequency of highway traffic at the crossing.
(3)(b) For hazardous materials related inspections and services, the office shall establish and each railroad shall pay a fee based on the tonnage of hazardous materials transported in this state during a given year.
(3)(c) For motive power and equipment related inspections and services, the office shall establish and each railroad shall pay a fee based on the number of motive power units and other equipment units operated by the railroad in this state.
(3)(d) For track related inspections and services, the office shall establish and each railroad shall pay a fee based on the number of miles of track owned or operated by the railroad within this state.
(3)(e) For signal and train control inspections and services, as well as operating practices inspections and services, the office shall establish and each railroad shall pay a fee based on gross operating revenue of each railroad generated within this state.
(3)(f)
(3)(f)(i) For inspection services related to commuter rail, notwithstanding any other agreement, a county or municipality with commuter rail service provided by a public transit district may request local option transit sales tax in accordance with Section 59-12-2206 and spend local option transit sales tax in the amount requested by the office.
(3)(f)(ii) A county or municipality that requests local option transit sales tax as described in Subsection (3)(f)(i) may transmit to the office the funds requested under Subsection (3)(f)(i) and transmitted to the county or municipality under Subsection 59-12-2206 (5)(b).
(3)(f)(iii) A county or municipality that requests local option transit sales tax as described in Subsection (3)(f)(i) may not request more local option transit sales tax than is necessary to carry out the safety inspection and functions under this chapter.
(3)(f)(iv) The office is not required to charge or collect a fee related to inspections of commuter rail.
(4)
(4)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to establish each of the fee amounts described in Subsection (3):
(4)(a)(i) according to the data described in Subsection (3); and
(4)(a)(ii) to collect an amount sufficient to cover the budget and costs to administer the duties of the office.
(4)(b) The department shall annually adjust the fees established in accordance with Subsection (4)(a) to account for inflation and other budgetary factors.
(5) Each railroad that operates within this state shall pay to the office the fees described and established by the office.