72-2-131. Rail Transportation Restricted Account — Grants for railroad crossing safety.
| (1) |
As used in this section, “eligible entity” means:
Terms Used In Utah Code 72-2-131- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
| (a) |
a public entity; or |
| (b) |
a private entity that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code. |
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| (2) |
There is created in the Transit Transportation Investment Fund, created in Section 72-2-124, the Rail Transportation Restricted Account. |
| (3) |
The account shall be funded by:
| (a) |
appropriations to the account by the Legislature; |
| (b) |
private contributions; |
| (c) |
donations or grants from public or private entities; and |
| (d) |
interest earned on money in the account. |
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| (4) |
Upon appropriation, the department shall:
| (a) |
use an amount equal to 10% of the money deposited into the account to provide grants in accordance with Subsection (5); |
| (b) |
use an amount equal to 10% of the money deposited into the account to pay:
| (i) |
the costs of performing environmental impact studies in connection with construction, reconstruction, or renovation projects related to railroad crossings on class A, class B, or class C roads; or |
| (ii) |
the appropriate debt service or sinking fund for the repayment of bonds issued under Subsection 63B-31-101(6); and |
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| (c) |
use the remaining money deposited into the account to pay:
| (i) |
the costs of construction, reconstruction, or renovation projects related to railroad crossings on class A, class B, or class C roads; |
| (ii) |
debt service related to a project described in Subsection (4)(b); or |
| (iii) |
the appropriate debt service or sinking fund for the repayment of bonds issued under Subsection 63B-31-101(5). |
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| (5) |
| (a) |
The department may award grants to one or more eligible entities to be used for the purpose of improving safety at railroad crossings on class A, class B, or class C roads. |
| (b) |
An eligible entity may use grant money for any expense related to improving safety at railroad crossings on class A, class B, or class C roads, including:
| (ii) |
safety enhancements to a railroad crossing. |
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| (c) |
The department shall prioritize, in the following order, grants to applicants that propose projects impacting railroad crossings that:
| (i) |
have demonstrated safety concerns, including emergency services access; and |
| (ii) |
have high levels of vehicular and pedestrian traffic. |
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Amended by Chapter 387, 2021 General Session
