72-2-123. Rules adopting guidelines — Partnering to finance state highway capacity improvements — Partnering proposals.
| (1) |
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission, in consultation with representatives of local government, shall make rules adopting guidelines for partnering with counties and municipalities for their help to finance state highway improvement projects through:
Terms Used In Utah Code 72-2-123- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
- 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
- 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
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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
- State highway: means those highways designated as state highways in Title 72, Chapter 4, Designation of State Highways Act. See Utah Code 72-1-102
| (a) |
local matching dollars; |
| (b) |
agreements regarding new revenue a county or municipality expects will be generated as a result of the construction of a state highway improvement project; or |
| (c) |
other local participation methods. |
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| (2) |
The guidelines described in Subsection (1) shall encourage partnering to help finance state highway improvement projects and provide for:
| (a) |
the consideration of factors relevant to a decision to make a program adjustment including the potential to:
| (i) |
extend department resources to other needed projects; |
| (ii) |
alleviate significant existing or future congestion or hazards to the traveling public; and |
| (iii) |
address a need that is widely recognized by the public, elected officials, and transportation planners; |
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| (b) |
a process for submitting, evaluating, and hearing partnering proposals; and |
| (c) |
the creation of a public record of each proposal from initial submission to final disposition. |
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| (3) |
The commission shall submit the proposed rules under this section to a committee or task force designated by the Legislative Management Committee for review prior to taking final action on the proposed rules or any proposed amendment to the rules. |
Amended by Chapter 22, 2023 General Session
