4th Sub. H.B. 51
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: C.R. Gilbert 6
6 03-02-23 11:01 AM 6
H.B. 51
4th Sub. (Green)
Senator Michael K. McKell 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: Michael K. McKell
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 This bill provides a special effective date.
22 This bill provides a coordination clause.
23Utah Code Sections Affected:
24ENACTS:
25 56-1-39, Utah Code Annotated 1953
*HB0051S04* 4th Sub. (Green) H.B. 51 03-02-23 11:01 AM
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26Utah Code Sections Affected by Coordination Clause:
27 56-1-39, Utah Code Annotated 1953
28
29Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 56-1-39 is enacted to read:
31 56-1-39. Assessment for right of way infrastructure improvements.
32 (1) As used in this section:
33 (a) "Benefit" includes enhanced property value, enhanced safety or efficiency, reduced
34costs, and liability avoidance.
35 (b) "Government entity" means the state or a county, city, town, metro township, local
36district, or special service district.
37 (c) (i) "Railroad" means a rail carrier that is a Class I railroad, as classified by the
38federal Surface Transportation Board.
39 (ii) "Railroad" does not include a rail carrier that is:
40 (A) exempt from assessment under 49 U.S.C. Sec. 24301; or
41 (B) owned by a government entity.
42 (d) (i) "Right of way infrastructure improvement" means construction, reconstruction,
43repair, or maintenance of public infrastructure that:
44 (A) is paid for by a government entity; and
45 (B) is partially or wholly within a railroad's right of way or crosses over a railroad's
46right of way.
47 (ii) "Right of way infrastructure improvement" includes any component of
48construction, reconstruction, repair, or maintenance of public infrastructure, including:
49 (A) any environmental impact study, environmental mitigation, or environmental
50project management; and
51 (B) any required or requested review by a non-governmental entity.
52 (e) "Public infrastructure" means any of the following improvements:
53 (i) a system or line for water, sewer, drainage, electrical, or telecommunications;
54 (ii) a street, road, curb, gutter, sidewalk, walkway, or bridge;
55 (iii) signage or signaling related to an improvement described in Subsection (1)(e)(i) or
56(ii); 03-02-23 11:01 AM 4th Sub. (Green) H.B. 51
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57 (iv) an environmental improvement; or
58 (v) any other improvement similar to the improvements described in Subsections
59(1)(e)(i) through (iv).
60 (2) A government entity may, to the extent allowed under federal law, assess a railroad
61for any portion of the cost of a right of way infrastructure improvement, including any cost
62attributable to delay, if:
63 (a) the government entity determines that the right of way infrastructure improvement
64provides a benefit to the railroad;
65 (b) the amount of the assessment is proportionate to the benefit the railroad receives, as
66determined by the government entity; and
67 (c) the government entity uses the assessment to pay for or as reimbursement for the
68cost of the right of way infrastructure improvement and not for the general support of the
69government entity.
70 (3) (a) If two or more government entities have authority under this section to assess a
71railroad for the same right of way infrastructure improvement, the Department of
72Transportation shall:
73 (i) determine the amount of each government entity's assessment in accordance with
74Subsection (2);
75 (ii) assess the railroad for the total of all amounts described in Subsection (3)(a)(i); and
76 (iii) distribute the collected assessments to each government entity.
77 (b) The total amount of an assessment under this Subsection (3) may not exceed the
78amount described in Subsection (2)(b).
79 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
80Department of Transportation may make rules to establish a process for implementing the
81provisions of this Subsection (3).
82 Section 2. Effective date.
83 This bill takes effect on March 31, 2024.
84 Section 3. Coordinating H.B. 51 with H.B. 63 -- Changing terminology.
85 If this H.B. 51 and H.B. 63, Office of Rail Safety, both pass and become law, it is the
86intent of the Legislature that the Office of Legislative Research and General Counsel, in
87preparing the Utah Code database for publication, change the terminology in Subsection 4th Sub. (Green) H.B. 51 03-02-23 11:01 AM
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8856-1-39(3)(a) in this H.B. 51 from "Department of Transportation" to "Office of Rail Safety
89created in Section 72-17-101."