2nd Sub. H.B. 51
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: C.R. Gilbert 6
6 02-06-23 7:16 PM 6
H.B. 51
2nd Sub. (Gray)
Representative Casey Snider proposes the following substitute bill:
1 RAILROAD RIGHT OF WAY AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Casey Snider
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill enacts provisions related to improvements within railroad right of ways.
10Highlighted Provisions:
11 This bill:
12 <defines terms; and
13 <authorizes a government entity to assess a railroad for any portion of the cost of a
14public infrastructure improvement, if:
15 Cthe improvement is partially or wholly within the railroad's right of way;
16 Cthe improvement provides a benefit to the railroad; and
17 Cthe assessment is proportionate to the railroad's benefit.
18Money Appropriated in this Bill:
19 None
20Other Special Clauses:
21 None
22Utah Code Sections Affected:
23ENACTS:
24 56-1-39, Utah Code Annotated 1953
25
*HB0051S02* 2nd Sub. (Gray) H.B. 51 02-06-23 7:16 PM
- 2 -
26Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 56-1-39 is enacted to read:
28 56-1-39. Assessment for right of way infrastructure improvements.
29 (1) As used in this section:
30 (a) "Benefit" includes enhanced property value, enhanced safety or efficiency, reduced
31costs, and liability avoidance.
32 (b) "Government entity" means the state or a county, city, town, metro township, local
33district, or special service district.
34 (c) (i) "Railroad" means a rail carrier that is a Class I railroad, as classified by the
35federal Surface Transportation Board.
36 (ii) "Railroad" does not include a rail carrier that is:
37 (A) exempt from assessment under 49 U.S.C. Sec. 24301; or
38 (B) owned by a government entity.
39 (d) (i) "Right of way infrastructure improvement" means construction, reconstruction,
40repair, or maintenance of public infrastructure that:
41 (A) is paid for by a government entity; and
42 (B) is partially or wholly within a railroad's right of way or crosses over a railroad's
43right of way.
44 (ii) "Right of way infrastructure improvement" includes any component of
45construction, reconstruction, repair, or maintenance of public infrastructure, including:
46 (A) any environmental impact study, environmental mitigation, or environmental
47project management; and
48 (B) any required or requested review by a non-governmental entity.
49 (e) "Public infrastructure" means any of the following improvements:
50 (i) a system or line for water, sewer, drainage, electrical, or telecommunications;
51 (ii) a street, road, curb, gutter, sidewalk, walkway, or bridge;
52 (iii) signage or signaling related to an improvement described in Subsection (1)(e)(i) or
53(ii);
54 (iv) an environmental improvement; or
55 (v) any other improvement similar to the improvements described in Subsections
56(1)(e)(i) through (iv). 02-06-23 7:16 PM 2nd Sub. (Gray) H.B. 51
- 3 -
57 (2) A government entity may, to the extent allowed under federal law, assess a railroad
58for any portion of the cost of a right of way infrastructure improvement, including any cost
59attributable to delay, if:
60 (a) the government entity determines that the right of way infrastructure improvement
61provides a benefit to the railroad;
62 (b) the amount of the assessment is proportionate to the benefit the railroad receives, as
63determined by the government entity; and
64 (c) the government entity uses the assessment to pay for or as reimbursement for the
65cost of the right of way infrastructure improvement and not for the general support of the
66government entity.
67 (3) If more than one government entity assesses a railroad for the same right of way
68infrastructure improvement, the total amount of the assessments may not exceed the amount
69described in Subsection (2)(b).