Utah 2023 Regular Session

Utah House Bill HB0051 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 51
	1	+	4th Sub. H.B. 51
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: C.R. Gilbert 6
	4	+	6 03-02-23 11:01 AM 6
	5	+	H.B. 51
	6	+	4th Sub. (Green)
	7	+	Senator Michael K. McKell proposes the following substitute bill:
2	8		1 RAILROAD RIGHT OF WAY AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Casey Snider
6	12		5 Senate Sponsor: Michael K. McKell
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill enacts provisions related to improvements within railroad right of ways.
11	17		10Highlighted Provisions:
12	18		11 This bill:
13	19		12 <defines terms; and
14	20		13 <authorizes a government entity to assess a railroad for any portion of the cost of a
15	21		14public infrastructure improvement, if:
16	22		15 Cthe improvement is partially or wholly within the railroad's right of way;
17	23		16 Cthe improvement provides a benefit to the railroad; and
18	24		17 Cthe assessment is proportionate to the railroad's benefit.
19	25		18Money Appropriated in this Bill:
20	26		19 None
21	27		20Other Special Clauses:
22	28		21 This bill provides a special effective date.
23	29		22 This bill provides a coordination clause.
24	30		23Utah Code Sections Affected:
25	31		24ENACTS:
26	32		25 56-1-39, Utah Code Annotated 1953
	33	+	HB0051S04 4th Sub. (Green) H.B. 51 03-02-23 11:01 AM
	34	+	- 2 -
27	35		26Utah Code Sections Affected by Coordination Clause:
28	36		27 56-1-39, Utah Code Annotated 1953
29	37		28
30		-	29Be it enacted by the Legislature of the state of Utah: H.B. 51 Enrolled Copy
31		-	- 2 -
	38	+	29Be it enacted by the Legislature of the state of Utah:
32	39		30 Section 1. Section 56-1-39 is enacted to read:
33	40		31 56-1-39. Assessment for right of way infrastructure improvements.
34	41		32 (1) As used in this section:
35	42		33 (a) "Benefit" includes enhanced property value, enhanced safety or efficiency, reduced
36	43		34costs, and liability avoidance.
37	44		35 (b) "Government entity" means the state or a county, city, town, metro township, local
38	45		36district, or special service district.
39	46		37 (c) (i) "Railroad" means a rail carrier that is a Class I railroad, as classified by the
40	47		38federal Surface Transportation Board.
41	48		39 (ii) "Railroad" does not include a rail carrier that is:
42	49		40 (A) exempt from assessment under 49 U.S.C. Sec. 24301; or
43	50		41 (B) owned by a government entity.
44	51		42 (d) (i) "Right of way infrastructure improvement" means construction, reconstruction,
45	52		43repair, or maintenance of public infrastructure that:
46	53		44 (A) is paid for by a government entity; and
47	54		45 (B) is partially or wholly within a railroad's right of way or crosses over a railroad's
48	55		46right of way.
49	56		47 (ii) "Right of way infrastructure improvement" includes any component of
50	57		48construction, reconstruction, repair, or maintenance of public infrastructure, including:
51	58		49 (A) any environmental impact study, environmental mitigation, or environmental
52	59		50project management; and
53	60		51 (B) any required or requested review by a non-governmental entity.
54	61		52 (e) "Public infrastructure" means any of the following improvements:
55	62		53 (i) a system or line for water, sewer, drainage, electrical, or telecommunications;
56	63		54 (ii) a street, road, curb, gutter, sidewalk, walkway, or bridge;
57	64		55 (iii) signage or signaling related to an improvement described in Subsection (1)(e)(i) or
58		-	56(ii);
59		-	57 (iv) an environmental improvement; or Enrolled Copy H.B. 51
	65	+	56(ii); 03-02-23 11:01 AM 4th Sub. (Green) H.B. 51
60	66		- 3 -
	67	+	57 (iv) an environmental improvement; or
61	68		58 (v) any other improvement similar to the improvements described in Subsections
62	69		59(1)(e)(i) through (iv).
63	70		60 (2) A government entity may, to the extent allowed under federal law, assess a railroad
64	71		61for any portion of the cost of a right of way infrastructure improvement, including any cost
65	72		62attributable to delay, if:
66	73		63 (a) the government entity determines that the right of way infrastructure improvement
67	74		64provides a benefit to the railroad;
68	75		65 (b) the amount of the assessment is proportionate to the benefit the railroad receives, as
69	76		66determined by the government entity; and
70	77		67 (c) the government entity uses the assessment to pay for or as reimbursement for the
71	78		68cost of the right of way infrastructure improvement and not for the general support of the
72	79		69government entity.
73	80		70 (3) (a) If two or more government entities have authority under this section to assess a
74	81		71railroad for the same right of way infrastructure improvement, the Department of
75	82		72Transportation shall:
76	83		73 (i) determine the amount of each government entity's assessment in accordance with
77	84		74Subsection (2);
78	85		75 (ii) assess the railroad for the total of all amounts described in Subsection (3)(a)(i); and
79	86		76 (iii) distribute the collected assessments to each government entity.
80	87		77 (b) The total amount of an assessment under this Subsection (3) may not exceed the
81	88		78amount described in Subsection (2)(b).
82	89		79 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
83	90		80Department of Transportation may make rules to establish a process for implementing the
84	91		81provisions of this Subsection (3).
85	92		82 Section 2. Effective date.
86	93		83 This bill takes effect on March 31, 2024.
87	94		84 Section 3. Coordinating H.B. 51 with H.B. 63 -- Changing terminology.
88		-	85 If this H.B. 51 and H.B. 63, Office of Rail Safety, both pass and become law, it is the H.B. 51 Enrolled Copy
	95	+	85 If this H.B. 51 and H.B. 63, Office of Rail Safety, both pass and become law, it is the
	96	+	86intent of the Legislature that the Office of Legislative Research and General Counsel, in
	97	+	87preparing the Utah Code database for publication, change the terminology in Subsection 4th Sub. (Green) H.B. 51 03-02-23 11:01 AM
89	98		- 4 -
90		-	86intent of the Legislature that the Office of Legislative Research and General Counsel, in
91		-	87preparing the Utah Code database for publication, change the terminology in Subsection
92	99		8856-1-39(3)(a) in this H.B. 51 from "Department of Transportation" to "Office of Rail Safety
93	100		89created in Section 72-17-101."