Utah 2025 Regular Session

Utah House Bill HB0229 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Enrolled Copy~~ H.B. 229
	1	+	01-15 16:40 H.B. 229
2	2		1
3	3		Transportation Funds Amendments
4	4		2025 GENERAL SESSION
5	5		STATE OF UTAH
6	6		Chief Sponsor: Kay J. Christofferson
7		-	Senate Sponsor: Wayne A. Harper
8	7		2
9	8
10	9		3
11	10		LONG TITLE
12	11		4
13	12		General Description:
14	13		5
15	14		This bill amends provisions related to corridor preservation to include fixed guideway
16	15		6
17	16		public transit facilities for corridor preservation.
18	17		7
19	18		Highlighted Provisions:
20	19		8
21	20		This bill:
22	21		9
23	22		▸ defines terms;
24	23		10
25	24		▸ amends provisions related to corridor preservation to include fixed guideway public
26	25		11
27	26		transit facilities for corridor preservation; and
28	27		12
29	28		▸ makes technical changes.
30	29		13
31	30		Money Appropriated in this Bill:
32	31		14
33	32		None
34	33		15
35	34		Other Special Clauses:
36	35		16
37	36		None
38	37		17
39	38		Utah Code Sections Affected:
40	39		18
41	40		AMENDS:
42	41		19
43	42		72-1-102, as last amended by Laws of Utah 2023, Chapter 22
44	43		20
45	44		72-1-203, as last amended by Laws of Utah 2024, Chapter 517
46	45		21
47	46		72-2-117, as last amended by Laws of Utah 2023, Chapter 39
48	47		22
49	48		72-2-117.5, as last amended by Laws of Utah 2019, Chapter 479
50	49		23
51	50		72-5-103, as last amended by Laws of Utah 2001, Chapter 79
52	51		24
53	52		72-5-401, as last amended by Laws of Utah 2018, Chapter 424
54	53		25
55	54
56	55		26
57	56		Be it enacted by the Legislature of the state of Utah:
58	57		27
59	58		Section 1. Section 72-1-102 is amended to read:
60	59		28
61		-	72-1-102 . Definitions. ~~H.B. 229 Enrolled Copy~~
	60	+	72-1-102 . Definitions.
62	61		29
63	62		As used in this title:
64	63		30
65	64		(1) "Circulator alley" means a publicly owned passageway:
66	65		31
67		-	(a) with a right-of-way width of 20 feet or greater;
	66	+	(a) with a right-of-way width of 20 feet or greater; H.B. 229 01-15 16:40
68	67		32
69	68		(b) located within a master planned community;
70	69		33
71	70		(c) established by the city having jurisdictional authority as part of the street network for
72	71		34
73	72		traffic circulation that may also be used for:
74	73		35
75	74		(i) garbage collection;
76	75		36
77	76		(ii) access to residential garages; or
78	77		37
79	78		(iii) access rear entrances to a commercial establishment; and
80	79		38
81	80		(d) constructed with a bituminous or concrete pavement surface.
82	81		39
83	82		(2) "Commission" means the Transportation Commission created under Section 72-1-301.
84	83		40
85	84		(3) "Construction" means the construction, reconstruction, replacement, and improvement
86	85		41
87	86		of the highways, including the acquisition of rights-of-way and material sites.
88	87		42
89	88		(4) "Department" means the Department of Transportation created in Section 72-1-201.
90	89		43
91	90		(5) "Executive director" means the executive director of the department appointed under
92	91		44
93	92		Section 72-1-202.
94	93		45
95	94		(6) "Farm tractor" has the meaning set forth in Section 41-1a-102.
96	95		46
97	96		(7) "Federal aid primary highway" means that portion of connected main highways located
98	97		47
99	98		within this state officially designated by the department and approved by the United
100	99		48
101	100		States Secretary of Transportation under Title 23, Highways, U.S.C.
102	101		49
103	102		(8) "Fixed guideway" means the same as that term is defined in Section 59-12-102.
104	103		50
105	104		(9)(a) "Fixed guideway capital development" means a project to construct or reconstruct
106	105		51
107	106		a public transit fixed guideway facility that will add capacity to a fixed guideway
108	107		52
109	108		public transit facility.
110	109		53
111	110		(b) "Fixed guideway capital development" includes:
112	111		54
113	112		(i) a project to strategically double track commuter rail lines; and
114	113		55
115	114		(ii) a project to develop and construct public transit facilities and related
116	115		56
117	116		infrastructure pertaining to the Point of the Mountain State Land Authority created
118	117		57
119	118		in Section 11-59-201.
120	119		58
121	120		(10) "Greenfield" means the same as that term is defined in Section 17C-1-102.
122	121		59
123	122		(11) "Highway" means any public road, street, alley, lane, court, place, viaduct, tunnel,
124	123		60
125	124		culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned
126	125		61
127	126		to the public, or made public in an action for the partition of real property, including the
128	127		62
129	128		entire area within the right-of-way.
130		-	- 2 - Enrolled Copy H.B. 229
131	129		63
132	130		(12) "Highway authority" means the department or the legislative, executive, or governing
133	131		64
134	132		body of a county or municipality.
135	133		65
136	134		(13) "Housing and transit reinvestment zone" means the same as that term is defined in
	135	+	- 2 - 01-15 16:40 H.B. 229
137	136		66
138	137		Section 63N-3-602.
139	138		67
140	139		(14) "Implement of husbandry" has the meaning set forth in Section 41-1a-102.
141	140		68
142	141		(15) "Interstate system" means any highway officially designated by the department and
143	142		69
144	143		included as part of the national interstate and defense highways, as provided in the
145	144		70
146	145		Federal Aid Highway Act of 1956 and any supplemental acts or amendments.
147	146		71
148	147		(16) "Large public transit district" means the same as that term is defined in Section
149	148		72
150	149		17B-2a-802.
151	150		73
152	151		(17) "Limited-access facility" means a highway especially designated for through traffic,
153	152		74
154	153		and over, from, or to which neither owners nor occupants of abutting lands nor other
155	154		75
156	155		persons have any right or easement, or have only a limited right or easement of access,
157	156		76
158	157		light, air, or view.
159	158		77
160	159		(18) "Master planned community" means a land use development:
161	160		78
162	161		(a) designated by the city as a master planned community; and
163	162		79
164	163		(b) comprised of a single development agreement for a development larger than 500
165	164		80
166	165		acres.
167	166		81
168	167		(19) "Motor vehicle" has the same meaning set forth in Section 41-1a-102.
169	168		82
170	169		(20) "Municipality" has the same meaning set forth in Section 10-1-104.
171	170		83
172	171		(21) "National highway systems highways" means that portion of connected main highways
173	172		84
174	173		located within this state officially designated by the department and approved by the
175	174		85
176	175		United States Secretary of Transportation under Title 23, Highways, U.S.C.
177	176		86
178	177		(22)(a) "Port-of-entry" means a fixed or temporary facility constructed, operated, and
179	178		87
180	179		maintained by the department where drivers, vehicles, and vehicle loads are checked
181	180		88
182	181		or inspected for compliance with state and federal laws as specified in Section
183	182		89
184	183		72-9-501.
185	184		90
186	185		(b) "Port-of-entry" includes inspection and checking stations and weigh stations.
187	186		91
188	187		(23) "Port-of-entry agent" means a person employed at a port-of-entry to perform the duties
189	188		92
190	189		specified in Section 72-9-501.
191	190		93
192	191		(24) "Public transit" means the same as that term is defined in Section 17B-2a-802.
193	192		94
194	193		(25) "Public transit facility" means a fixed guideway, transit vehicle, transit station, depot,
195	194		95
196	195		passenger loading or unloading zone, parking lot, or other facility:
197	196		96
198	197		(a) leased by or operated by or on behalf of a public transit district; and
199		-	- 3 - H.B. 229 Enrolled Copy
200	198		97
201	199		(b) related to the public transit services provided by the district, including:
202	200		98
203	201		(i) railway or other right-of-way;
204	202		99
205	203		(ii) railway line; and
	204	+	- 3 - H.B. 229 01-15 16:40
206	205		100
207	206		(iii) a reasonable area immediately adjacent to a designated stop on a route traveled
208	207		101
209	208		by a transit vehicle.
210	209		102
211	210		(26) "Right-of-way" means real property or an interest in real property, usually in a strip,
212	211		103
213	212		acquired for or devoted to state transportation purposes.
214	213		104
215	214		(27) "Sealed" does not preclude acceptance of electronically sealed and submitted bids or
216	215		105
217	216		proposals in addition to bids or proposals manually sealed and submitted.
218	217		106
219	218		(28) "Semitrailer" has the meaning set forth in Section 41-1a-102.
220	219		107
221	220		(29) "SR" means state route and has the same meaning as state highway as defined in this
222	221		108
223	222		section.
224	223		109
225	224		(30) "State highway" means those highways designated as state highways in Title 72,
226	225		110
227	226		Chapter 4, Designation of State Highways Act.
228	227		111
229	228		(31) "State transportation purposes" has the meaning set forth in Section 72-5-102.
230	229		112
231	230		(32) "State transportation systems" means all streets, alleys, roads, highways, pathways, and
232	231		113
233	232		thoroughfares of any kind, including connected structures, airports, aerial corridor
234	233		114
235	234		infrastructure, spaceports, public transit facilities, and all other modes and forms of
236	235		115
237	236		conveyance used by the public.
238	237		116
239	238		(33) "Trailer" has the meaning set forth in Section 41-1a-102.
240	239		117
241		-	(34~~)(a~~) "Transportation corridor" means the path or proposed path of a transportation
	240	+	(34) "Transportation corridor" means the path or proposed path of a transportation facility
242	241		118
243		-	~~facility~~ that exists or that may exist in the future.
	242	+	that exists or that may exist in the future.
244	243		119
245		-	(b) "Transportation corridor" may include:
	244	+	(35) "Transportation corridor" may include:
246	245		120
247		-	(i) the land occupied or that may be occupied by a transportation facility; and
	246	+	(a) the land occupied or that may be occupied by a transportation facility; and
248	247		121
249		-	(ii) any other land that may be needed for expanding, operating, or controlling access
	248	+	(b) any other land that may be needed for expanding, operating, or controlling access to
250	249		122
251		-	to the transportation facility.
	250	+	the transportation facility.
252	251		123
253		-	(35) "Transportation facility" means:
	252	+	(36) "Transportation facility" means:
254	253		124
255	254		(a) a highway; or
256	255		125
257	256		(b) a fixed guideway.
258	257		126
259		-	[(34)] (36) "Transportation reinvestment zone" means a transportation reinvestment zone
	258	+	[(34)] (37) "Transportation reinvestment zone" means a transportation reinvestment zone
260	259		127
261	260		created pursuant to Section 11-13-227.
262	261		128
263		-	[(35)] (37) "Truck tractor" has the meaning set forth in Section 41-1a-102.
	262	+	[(35)] (38) "Truck tractor" has the meaning set forth in Section 41-1a-102.
264	263		129
265		-	[(36)] (38) "UDOT" means the Utah Department of Transportation.
	264	+	[(36)] (39) "UDOT" means the Utah Department of Transportation.
266	265		130
267		-	[(37)] (39) "Vehicle" has the same meaning set forth in Section 41-1a-102.
268		-	- 4 - Enrolled Copy H.B. 229
	266	+	[(37)] (40) "Vehicle" has the same meaning set forth in Section 41-1a-102.
269	267		131
270	268		Section 2. Section 72-1-203 is amended to read:
271	269		132
272	270		72-1-203 . Deputy director -- Appointment -- Qualifications -- Other assistants
273	271		133
274	272		and advisers -- Salaries.
	273	+	- 4 - 01-15 16:40 H.B. 229
275	274		134
276	275		(1) The executive director shall appoint the following deputy directors, who shall serve at
277	276		135
278	277		the discretion of the executive director:
279	278		136
280	279		(a) the deputy director of engineering and operation, who shall be a registered
281	280		137
282	281		professional engineer in the state, and who shall be the chief engineer of the
283	282		138
284	283		department; and
285	284		139
286	285		(b) the deputy director of planning and investment.
287	286		140
288	287		(2) As assigned by the executive director, the deputy directors described in Subsection (1)
289	288		141
290	289		may assist the executive director with the following departmental responsibilities:
291	290		142
292	291		(a) project development, including statewide standards for project design and
293	292		143
294	293		construction, right-of-way, materials, testing, structures, and construction;
295	294		144
296	295		(b) oversight of the management of the region offices described in Section 72-1-205;
297	296		145
298	297		(c) operations and traffic management;
299	298		146
300	299		(d) oversight of operations of motor carriers and ports;
301	300		147
302	301		(e) transportation systems safety;
303	302		148
304	303		(f) aeronautical operations;
305	304		149
306	305		(g) equipment for department engineering and maintenance functions;
307	306		150
308	307		(h) oversight and coordination of planning, including:
309	308		151
310	309		(i) development of statewide strategic initiatives for planning across all modes of
311	310		152
312	311		transportation;
313	312		153
314	313		(ii) coordination with metropolitan planning organizations and local governments;
315	314		154
316	315		(iii) coordination with a large public transit district, including planning, project
317	316		155
318	317		development, outreach, programming, environmental studies and impact
319	318		156
320	319		statements, construction, and impacts on public transit operations; and
321	320		157
322	321		(iv) transportation corridor and area planning;
323	322		158
324	323		(i) asset management;
325	324		159
326	325		(j) programming and prioritization of transportation projects;
327	326		160
328	327		(k) fulfilling requirements for environmental studies and impact statements;
329	328		161
330	329		(l) resource investment, including identification, development, and oversight of
331	330		162
332	331		public-private partnership opportunities;
333	332		163
334	333		(m) data analytics services to the department;
335	334		164
336	335		(n) transportation corridor preservation;
337		-	- 5 - H.B. 229 Enrolled Copy
338	336		165
339	337		(o) employee development;
340	338		166
341	339		(p) maintenance planning;
342	340		167
343	341		(q) oversight and facilitation of the negotiations and integration of public transit
	342	+	- 5 - H.B. 229 01-15 16:40
344	343		168
345	344		providers described in Section 17B-2a-827;
346	345		169
347	346		(r) oversight and supervision of any fixed guideway capital development project within
348	347		170
349	348		the boundaries of a large public transit district for which any state funds are
350	349		171
351	350		expended, including those responsibilities described in Subsections (2)(a), (h), (j),
352	351		172
353	352		(k), and (l), and the implementation and enforcement of any federal grant obligations
354	353		173
355	354		associated with fixed guideway capital development project funding; and
356	355		174
357	356		(s) other departmental responsibilities as determined by the executive director.
358	357		175
359	358		(3) The executive director shall ensure that the same deputy director does not oversee or
360	359		176
361	360		supervise both the fixed guideway capital development responsibilities described in
362	361		177
363	362		Subsection (2)(r) and the department's fixed guideway rail safety responsibilities,
364	363		178
365	364		including the responsibilities described in Section 72-1-214.
366	365		179
367	366		Section 3. Section 72-2-117 is amended to read:
368	367		180
369	368		72-2-117 . Marda Dillree Corridor Preservation Fund -- Distribution --
370	369		181
371	370		Repayment -- Rulemaking.
372	371		182
373	372		(1) There is created the Marda Dillree Corridor Preservation Fund within the Transportation
374	373		183
375	374		Fund.
376	375		184
377	376		(2) The fund shall be funded from the following sources:
378	377		185
379	378		(a) motor vehicle rental tax imposed under Section 59-12-1201;
380	379		186
381	380		(b) appropriations made to the fund by the Legislature;
382	381		187
383	382		(c) contributions from other public and private sources for deposit into the fund;
384	383		188
385	384		(d) interest earnings on cash balances;
386	385		189
387	386		(e) all money collected for repayments and interest on fund money;
388	387		190
389	388		(f) all money collected from rents and sales of real property acquired with fund money;
390	389		191
391	390		and
392	391		192
393	392		(g) proceeds from general obligation bonds, revenue bonds, or other obligations as
394	393		193
395	394		authorized by Title 63B, Bonds.
396	395		194
397	396		(3)(a) The commission shall authorize the expenditure of fund money to allow the
398	397		195
399	398		department to acquire real property or any interests in real property for state, county,
400	399		196
401	400		and municipal transportation corridors subject to:
402	401		197
403	402		(i) money available in the fund;
404	403		198
405	404		(ii) rules made under Subsection (6); and
406		-	- 6 - Enrolled Copy H.B. 229
407	405		199
408	406		(iii) Subsection (8).
409	407		200
410	408		(b) Fund money may be used to pay interest on debts incurred in accordance with this
411	409		201
412	410		section.
	411	+	- 6 - 01-15 16:40 H.B. 229
413	412		202
414	413		(4) Administrative costs for transportation corridor preservation shall be paid from the fund.
415	414		203
416	415		(5)(a) The department:
417	416		204
418	417		(i) may apply to the commission under this section for money from the Marda Dillree
419	418		205
420	419		Corridor Preservation Fund for a specified transportation corridor project,
421	420		206
422	421		including for county and municipal projects; and
423	422		207
424	423		(ii) shall repay the fund money authorized for the project to the fund as required
425	424		208
426	425		under Subsection (6).
427	426		209
428	427		(b) The department may request and the commission may approve the expenditure of
429	428		210
430	429		money from the fund to pay the costs of staff and overhead costs to administer the
431	430		211
432	431		fund.
433	432		212
434	433		(6) The commission shall:
435	434		213
436	435		(a) administer the Marda Dillree Corridor Preservation Fund to:
437	436		214
438	437		(i) preserve transportation corridors;
439	438		215
440	439		(ii) promote long-term statewide transportation planning;
441	440		216
442	441		(iii) save on acquisition costs; and
443	442		217
444	443		(iv) promote the best interests of the state in a manner which minimizes impact on
445	444		218
446	445		prime agricultural land;
447	446		219
448	447		(b) prioritize fund money based on considerations, including:
449	448		220
450	449		(i) areas with rapidly expanding population;
451	450		221
452	451		(ii) the willingness of local governments to complete studies and impact statements
453	452		222
454	453		that meet department standards;
455	454		223
456	455		(iii) the preservation of transportation corridors by the use of local planning and
457	456		224
458	457		zoning processes;
459	458		225
460	459		(iv) the availability of other public and private matching funds for a project; and
461	460		226
462	461		(v) the cost-effectiveness of the preservation projects;
463	462		227
464	463		(c) designate high priority transportation corridor preservation projects in cooperation
465	464		228
466	465		with a metropolitan planning organization;
467	466		229
468	467		(d) administer the program for the purposes provided in this section;
469	468		230
470	469		(e) prioritize fund money in accordance with this section; and
471	470		231
472	471		(f) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
473	472		232
474	473		Rulemaking Act, establishing:
475		-	- 7 - H.B. 229 Enrolled Copy
476	474		233
477	475		(i) the procedures for the awarding of fund money;
478	476		234
479	477		(ii) the procedures for the department to apply for transportation corridor preservation
480	478		235
481	479		money for projects; and
	480	+	- 7 - H.B. 229 01-15 16:40
482	481		236
483	482		(iii) repayment conditions of the money to the fund from the specified project funds.
484	483		237
485	484		(7)(a) The proceeds from any bonds or other obligations secured by revenues of the
486	485		238
487	486		Marda Dillree Corridor Preservation Fund shall be used for:
488	487		239
489	488		(i) the acquisition of real property in hardship cases; and
490	489		240
491	490		(ii) any of the purposes authorized for funds in the Marda Dillree Corridor
492	491		241
493	492		Preservation Fund under this section.
494	493		242
495	494		(b) The commission shall pledge the necessary part of the revenues of the Marda Dillree
496	495		243
497	496		Corridor Preservation Fund to the payment of principal of and interest on the bonds
498	497		244
499	498		or other obligations.
500	499		245
501	500		(8)(a) [The] Except for the acquisition of a transportation corridor for a fixed guideway,
502	501		246
503	502		the department may not apply for money under this section unless the highway
504	503		247
505	504		authority has an access management policy or ordinance in effect that meets the
506	505		248
507	506		requirements under Subsection (8)(b).
508	507		249
509	508		(b) The access management policy or ordinance shall:
510	509		250
511	510		(i) be for the purpose of balancing the need for reasonable access to land uses with
512	511		251
513	512		the need to preserve the smooth flow of traffic on the highway system in terms of
514	513		252
515	514		safety, capacity, and speed; and
516	515		253
517	516		(ii) include provisions:
518	517		254
519	518		(A) limiting the number of conflict points at driveway locations;
520	519		255
521	520		(B) separating conflict areas;
522	521		256
523	522		(C) reducing the interference of through traffic;
524	523		257
525	524		(D) spacing at-grade signalized intersections; and
526	525		258
527	526		(E) providing for adequate on-site circulation and storage.
528	527		259
529	528		(c) The department shall develop a model access management policy or ordinance that
530	529		260
531	530		meets the requirements of this Subsection (8) for the benefit of a county or
532	531		261
533	532		municipality under this section.
534	533		262
535	534		(9)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
536	535		263
537	536		the commission shall make rules establishing a transportation corridor preservation
538	537		264
539	538		advisory council.
540	539		265
541	540		(b) The transportation corridor preservation advisory council shall:
542	541		266
543	542		(i) assist with and help coordinate the transportation corridor preservation efforts of
544		-	- 8 - Enrolled Copy H.B. 229
545	543		267
546	544		the department and local governments;
547	545		268
548	546		(ii) provide recommendations and priorities concerning transportation corridor
549	547		269
550	548		preservation and the use of fund money to the department and to the commission;
	549	+	- 8 - 01-15 16:40 H.B. 229
551	550		270
552	551		and
553	552		271
554	553		(iii) include members designated by each metropolitan planning organization in the
555	554		272
556	555		state to represent local governments that are involved with transportation corridor
557	556		273
558	557		preservation through official maps and planning.
559	558		274
560	559		Section 4. Section 72-2-117.5 is amended to read:
561	560		275
562	561		72-2-117.5 . Definitions -- Local Highway and Transportation Corridor
563	562		276
564	563		Preservation Fund -- Disposition of fund money.
565	564		277
566	565		(1) As used in this section:
567	566		278
568	567		(a) "Council of governments" means a decision-making body in each county composed
569	568		279
570	569		of membership including the county governing body and the mayors of each
571	570		280
572	571		municipality in the county.
573	572		281
574	573		(b) "Metropolitan planning organization" has the same meaning as defined in Section
575	574		282
576	575		72-1-208.5.
577	576		283
578	577		(2) There is created the Local Highway and Transportation Corridor Preservation Fund
579	578		284
580	579		within the Transportation Fund.
581	580		285
582	581		(3) The fund shall be funded from the following sources:
583	582		286
584	583		(a) a local option highway construction and transportation corridor preservation fee
585	584		287
586	585		imposed under Section 41-1a-1222;
587	586		288
588	587		(b) appropriations made to the fund by the Legislature;
589	588		289
590	589		(c) contributions from other public and private sources for deposit into the fund;
591	590		290
592	591		(d) all money collected from rents and sales of real property acquired with fund money;
593	592		291
594	593		(e) proceeds from general obligation bonds, revenue bonds, or other obligations issued
595	594		292
596	595		as authorized by Title 63B, Bonds; and
597	596		293
598	597		(f) sales and use tax revenues deposited into the fund in accordance with Title 59,
599	598		294
600	599		Chapter 12, Part 22, Local Option Sales and Use Taxes for Transportation Act.
601	600		295
602	601		(4)(a) The fund shall earn interest.
603	602		296
604	603		(b) All interest earned on fund money shall be deposited into the fund.
605	604		297
606	605		(c) The State Tax Commission shall allocate the revenues:
607	606		298
608	607		(i) provided under Subsection (3)(a) to each county imposing a local option highway
609	608		299
610	609		construction and transportation corridor preservation fee under Section 41-1a-1222;
611	610		300
612	611		(ii) provided under Subsection 59-12-2217(2) to each county imposing a county
613		-	- 9 - H.B. 229 Enrolled Copy
614	612		301
615	613		option sales and use tax for transportation; and
616	614		302
617	615		(iii) provided under Subsection (3)(f) to each county of the second class or city or
618	616		303
619	617		town within a county of the second class that imposes the sales and use tax
	618	+	- 9 - H.B. 229 01-15 16:40
620	619		304
621	620		authorized by Section 59-12-2218.
622	621		305
623	622		(d) The department shall distribute the funds allocated to each county, city, or town
624	623		306
625	624		under Subsection (4)(c) to each county, city, or town.
626	625		307
627	626		(e) The money allocated and distributed under this Subsection (4):
628	627		308
629	628		(i) shall be used for the purposes provided in this section for each county, city, or
630	629		309
631	630		town;
632	631		310
633	632		(ii) is allocated to each county, city, or town as provided in this section with the
634	633		311
635	634		condition that the state will not be charged for any asset purchased with the money
636	635		312
637	636		allocated and distributed under this Subsection (4), unless there is a written
638	637		313
639	638		agreement in place with the department prior to the purchase of the asset
640	639		314
641	640		stipulating a reimbursement by the state to the county, city, or town of no more
642	641		315
643	642		than the original purchase price paid by the county, city, or town; and
644	643		316
645	644		(iii) is considered a local matching contribution for the purposes described under
646	645		317
647	646		Section 72-2-123 if used on a state highway.
648	647		318
649	648		(f) Administrative costs of the department to implement this section shall be paid from
650	649		319
651	650		the fund.
652	651		320
653		-	(5)(a) A highway authority may acquire real property or any interests in real property ~~for~~
	652	+	(5)(a) A highway authority may acquire real property or any interests in real property
654	653		321
655		-	state, county, and municipal [highway or public transit] transportation corridors
	654	+	for state, county, and municipal [highway or public transit] transportation corridors
656	655		322
657	656		subject to:
658	657		323
659	658		(i) money available in the fund to each county under Subsection (4); and
660	659		324
661	660		(ii) the provisions of this section.
662	661		325
663	662		(b) Fund money may be used to pay interest on debts incurred in accordance with this
664	663		326
665	664		section.
666	665		327
667	666		(c)(i)(A) Fund money may be used to pay maintenance costs of properties
668	667		328
669	668		acquired under this section but limited to a total of 5% of the purchase price of
670	669		329
671	670		the property.
672	671		330
673	672		(B) Any additional maintenance cost shall be paid from funds other than under
674	673		331
675	674		this section.
676	675		332
677	676		(C) Revenue generated by any property acquired under this section is excluded
678	677		333
679	678		from the limitations under this Subsection (5)(c)(i).
680	679		334
681	680		(ii) Fund money may be used to pay direct costs of acquisition of properties acquired
682		-	- 10 - Enrolled Copy H.B. 229
683	681		335
684	682		under this section.
685	683		336
686	684		(d) Fund money allocated and distributed under Subsection (4) may be used by a county
687	685		337
688	686		highway authority for countywide transportation or public transit planning if:
	687	+	- 10 - 01-15 16:40 H.B. 229
689	688		338
690	689		(i) the county's planning focus area is outside the boundaries of a metropolitan
691	690		339
692	691		planning organization;
693	692		340
694	693		(ii) the transportation planning is part of the county's continuing, cooperative, and
695	694		341
696	695		comprehensive process for transportation or public transit planning, transportation
697	696		342
698	697		corridor preservation, right-of-way acquisition, and project programming;
699	698		343
700	699		(iii) no more than four years allocation every 20 years to each county is used for
701	700		344
702	701		transportation planning under this Subsection (5)(d); and
703	702		345
704	703		(iv) the county otherwise qualifies to use the fund money as provided under this
705	704		346
706	705		section.
707	706		347
708	707		(e)(i) Subject to Subsection (11), fund money allocated and distributed under
709	708		348
710	709		Subsection (4) may be used by a county highway authority for transportation [or
711	710		349
712	711		public transit ]corridor planning that is part of the transportation corridor elements
713	712		350
714	713		of an ongoing work program of transportation or public transit projects.
715	714		351
716	715		(ii) The transportation corridor planning under Subsection (5)(e)(i) shall be under the
717	716		352
718	717		direction of:
719	718		353
720	719		(A) the metropolitan planning organization if the county is within the boundaries
721	720		354
722	721		of a metropolitan planning organization; or
723	722		355
724	723		(B) the department if the county is not within the boundaries of a metropolitan
725	724		356
726	725		planning organization.
727	726		357
728	727		(f)(i) A county, city, or town that imposes a local option highway construction and
729	728		358
730	729		transportation corridor preservation fee under Section 41-1a-1222 may elect to
731	730		359
732	731		administer the funds allocated and distributed to that county, city, or town under
733	732		360
734	733		Subsection (4) as a revolving loan fund.
735	734		361
736	735		(ii) If a county, city, or town elects to administer the funds allocated and distributed
737	736		362
738	737		to that county, city, or town under Subsection (4) as a revolving loan fund, a local
739	738		363
740	739		highway authority shall repay the fund money authorized for the project to the
741	740		364
742	741		fund.
743	742		365
744	743		(iii) A county, city, or town that elects to administer the funds allocated and
745	744		366
746	745		distributed to that county, city, or town under Subsection (4) as a revolving loan
747	746		367
748	747		fund shall establish repayment conditions of the money to the fund from the
749	748		368
750	749		specified project funds.
751		-	- 11 - H.B. 229 Enrolled Copy
752	750		369
753		-	(g)(i) Subject to the restrictions in Subsections (5)(g)(ii) and (iii), fund money may be
	751	+	(g)(i) Subject to the restrictions in Subsections (5)(g)(ii) and (iii), fund money may
754	752		370
755		-	used by a county of the third, fourth, fifth, or sixth class or by a city or town
	753	+	be used by a county of the third, fourth, fifth, or sixth class or by a city or town
756	754		371
757	755		within a county of the third, fourth, fifth, or sixth class for:
	756	+	- 11 - H.B. 229 01-15 16:40
758	757		372
759	758		(A) the construction, operation, or maintenance of a class B road or class C road;
760	759		373
761	760		or
762	761		374
763	762		(B) the restoration or repair of survey monuments associated with transportation
764	763		375
765	764		infrastructure.
766	765		376
767	766		(ii) A county, city, or town may not use more than 50% of the current balance of fund
768	767		377
769	768		money allocated to the county, city, or town for the purposes described in
770	769		378
771	770		Subsection (5)(g)(i).
772	771		379
773	772		(iii) A county, city, or town may not use more than 50% of the fund revenue
774	773		380
775	774		collections allocated to a county, city, or town in the current fiscal year for the
776	775		381
777	776		purposes described in Subsection (5)(g)(i).
778	777		382
779		-	(6)(a)(i) The Local Highway and Transportation Corridor Preservation Fund shall be
	778	+	(6)(a)(i) The Local Highway and Transportation Corridor Preservation Fund shall
780	779		383
781		-	used to preserve [highway and public transit] transportation corridors, promote
	780	+	be used to preserve [highway and public transit] transportation corridors, promote
782	781		384
783	782		long-term statewide transportation planning, save on acquisition costs, and
784	783		385
785	784		promote the best interests of the state in a manner which minimizes impact on
786	785		386
787	786		prime agricultural land.
788	787		387
789	788		(ii) The Local Highway and Transportation Corridor Preservation Fund shall only be
790	789		388
791	790		used to preserve a [highway or public transit] transportation corridor that is
792	791		389
793	792		right-of-way:
794	793		390
795	794		(A) in a county of the first or second class for:
796	795		391
797	796		(I) a state highway;
798	797		392
799	798		(II) a principal arterial highway as defined in Section 72-4-102.5;
800	799		393
801	800		(III) a minor arterial highway as defined in Section 72-4-102.5;
802	801		394
803	802		(IV) a collector highway in an urban area as defined in Section 72-4-102.5; or
804	803		395
805	804		(V) a transit facility as defined in Section 17B-2a-802; or
806	805		396
807	806		(B) in a county of the third, fourth, fifth, or sixth class for:
808	807		397
809	808		(I) a state highway;
810	809		398
811	810		(II) a principal arterial highway as defined in Section 72-4-102.5;
812	811		399
813	812		(III) a minor arterial highway as defined in Section 72-4-102.5;
814	813		400
815	814		(IV) a major collector highway as defined in Section 72-4-102.5;
816	815		401
817	816		(V) a minor collector road as defined in Section 72-4-102.5; or
818	817		402
819	818		(VI) a transit facility as defined in Section 17B-2a-802.
820		-	- 12 - Enrolled Copy H.B. 229
821	819		403
822	820		(iii) The Local Highway and Transportation Corridor Preservation Fund may not be
823	821		404
824	822		used for a [highway] transportation corridor that is primarily a recreational trail as
825	823		405
826	824		defined under Section 79-5-102.
	825	+	- 12 - 01-15 16:40 H.B. 229
827	826		406
828	827		(b) A highway authority shall authorize the expenditure of fund money after determining
829	828		407
830	829		that the expenditure is being made in accordance with this section from applications
831	830		408
832	831		that are:
833	832		409
834	833		(i) endorsed by the council of governments; and
835	834		410
836	835		(ii) for a right-of-way purchase for a [highway or public transit] transportation
837	836		411
838	837		corridor authorized under Subsection (6)(a)(ii).
839	838		412
840	839		(7)(a)(i) A council of governments shall establish a council of governments
841	840		413
842	841		endorsement process which includes prioritization and application procedures for
843	842		414
844	843		use of the money allocated to each county under this section.
845	844		415
846	845		(ii) The endorsement process under Subsection (7)(a)(i) may include review or
847	846		416
848	847		endorsement of the preservation project by:
849	848		417
850	849		(A) the metropolitan planning organization if the county is within the boundaries
851	850		418
852	851		of a metropolitan planning organization; or
853	852		419
854	853		(B) the department if the county is not within the boundaries of a metropolitan
855	854		420
856	855		planning organization.
857	856		421
858	857		(b) All fund money shall be prioritized by each highway authority and council of
859	858		422
860	859		governments based on considerations, including:
861	860		423
862	861		(i) areas with rapidly expanding population;
863	862		424
864	863		(ii) the willingness of local governments to complete studies and impact statements
865	864		425
866	865		that meet department standards;
867	866		426
868	867		(iii) the preservation of transportation corridors by the use of local planning and
869	868		427
870	869		zoning processes;
871	870		428
872	871		(iv) the availability of other public and private matching funds for a project;
873	872		429
874	873		(v) the cost-effectiveness of the preservation projects;
875	874		430
876	875		(vi) long and short-term maintenance costs for property acquired; and
877	876		431
878	877		(vii) whether the transportation [or public transit ]corridor is included as part of:
879	878		432
880	879		(A) the county and municipal master plan; and
881	880		433
882	881		(B)(I) the statewide long range plan; or
883	882		434
884	883		(II) the regional transportation plan of the area metropolitan planning
885	884		435
886	885		organization if one exists for the area.
887	886		436
888	887		(c) The council of governments shall:
889		-	- 13 - H.B. 229 Enrolled Copy
890	888		437
891	889		(i) establish a priority list of [highway and public transit] transportation corridor
892	890		438
893	891		preservation projects within the county;
894	892		439
895	893		(ii) submit the list described in Subsection (7)(c)(i) to the county's legislative body
	894	+	- 13 - H.B. 229 01-15 16:40
896	895		440
897	896		for approval; and
898	897		441
899	898		(iii) obtain approval of the list described in Subsection (7)(c)(i) from a majority of the
900	899		442
901	900		members of the county legislative body.
902	901		443
903	902		(d) A county's council of governments may only submit one priority list described in
904	903		444
905	904		Subsection (7)(c)(i) per calendar year.
906	905		445
907	906		(e) A county legislative body may only consider and approve one priority list described
908	907		446
909	908		in Subsection (7)(c)(i) per calendar year.
910	909		447
911	910		(8)(a) Unless otherwise provided by written agreement with another highway authority
912	911		448
913	912		or public transit district, the highway authority that holds the deed to the property is
914	913		449
915	914		responsible for maintenance of the property.
916	915		450
917	916		(b) The transfer of ownership for property acquired under this section from one highway
918	917		451
919	918		authority to another shall include a recorded deed for the property and a written
920	919		452
921	920		agreement between the highway authorities or public transit district.
922	921		453
923	922		(9)(a) The proceeds from any bonds or other obligations secured by revenues of the
924	923		454
925	924		Local Highway and Transportation Corridor Preservation Fund shall be used for the
926	925		455
927	926		purposes authorized for funds under this section.
928	927		456
929	928		(b) The highway authority shall pledge the necessary part of the revenues of the Local
930	929		457
931	930		Highway and Transportation Corridor Preservation Fund to the payment of principal
932	931		458
933	932		and interest on the bonds or other obligations.
934	933		459
935	934		(10)(a) A highway authority may not expend money under this section to purchase a
936	935		460
937	936		right-of-way for a state highway unless the highway authority has:
938	937		461
939	938		(i) a transportation corridor property acquisition policy or ordinance in effect that
940	939		462
941	940		meets department requirements for the acquisition of real property or any interests
942	941		463
943	942		in real property under this section; and
944	943		464
945	944		(ii) an access management policy or ordinance in effect that meets the requirements
946	945		465
947	946		under Subsection 72-2-117(8).
948	947		466
949	948		(b) The provisions of Subsection (10)(a)(i) do not apply if the highway authority has a
950	949		467
951	950		written agreement with the department for the department to acquire real property or
952	951		468
953	952		any interests in real property on behalf of the local highway authority under this
954	953		469
955	954		section.
956	955		470
957	956		(11) The county shall ensure, to the extent possible, that the fund money allocated and
958		-	- 14 - Enrolled Copy H.B. 229
959	957		471
960	958		distributed to a city or town in accordance with Subsection (4) is expended:
961	959		472
962	960		(a) to fund a project or service as allowed by this section within the city or town to
963	961		473
964	962		which the fund money is allocated;
	963	+	- 14 - 01-15 16:40 H.B. 229
965	964		474
966	965		(b) to pay debt service, principal, or interest on a bond or other obligation as allowed by
967	966		475
968	967		this section if that bond or other obligation is:
969	968		476
970	969		(i) secured by money allocated to the city or town; and
971	970		477
972	971		(ii) issued to finance a project or service as allowed by this section within the city or
973	972		478
974	973		town to which the fund money is allocated;
975	974		479
976	975		(c) to fund transportation planning as allowed by this section within the city or town to
977	976		480
978	977		which the fund money is allocated; or
979	978		481
980	979		(d) for another purpose allowed by this section within the city or town to which the fund
981	980		482
982	981		money is allocated.
983	982		483
984	983		(12) Notwithstanding any other provision in this section, any amounts within the fund
985	984		484
986	985		allocated to a public transit district or for a public transit corridor may only be derived
987	986		485
988	987		from the portion of the fund that does not include constitutionally restricted sources
989	988		486
990	989		related to the operation of a motor vehicle on a public highway or proceeds from an
991	990		487
992	991		excise tax on liquid motor fuel to propel a motor vehicle.
993	992		488
994	993		Section 5. Section 72-5-103 is amended to read:
995	994		489
996	995		72-5-103 . Acquisition of rights-of-way and other real property -- Title to
997	996		490
998	997		property acquired.
999	998		491
1000	999		(1) The department may acquire any real property or interests in real property necessary for
1001	1000		492
1002	1001		temporary, present, or reasonable future state transportation purposes by gift, agreement,
1003	1002		493
1004	1003		exchange, purchase, condemnation, or otherwise.
1005	1004		494
1006		-	(2)(a)(i) Title to real property acquired by the department or the counties, cities, ~~and~~
	1005	+	(2)(a)(i) Title to real property acquired by the department or the counties, cities,
1007	1006		495
1008		-	towns by gift, agreement, exchange, purchase, condemnation, or otherwise for
	1007	+	and towns by gift, agreement, exchange, purchase, condemnation, or otherwise for
1009	1008		496
1010	1009		highway rights-of-way or other transportation purposes may be in fee simple or
1011	1010		497
1012	1011		any lesser estate or interest.
1013	1012		498
1014	1013		(ii) [Title] As determined by the department, title to real property acquired by the
1015	1014		499
1016	1015		department for a public transit project [shall] may be transferred to the public
1017	1016		500
1018	1017		transit district responsible for the project.
1019	1018		501
1020	1019		(iii) A public transit district shall cover all costs associated with any condemnation on
1021	1020		502
1022	1021		its behalf.
1023	1022		503
1024	1023		(b) If the highway is a county road, city street under joint title as provided in Subsection
1025	1024		504
1026	1025		72-3-104(3), or right-of-way described in Title 72, Chapter 5, Part 3, Rights-Of-Way
1027		-	- 15 - H.B. 229 Enrolled Copy
1028	1026		505
1029	1027		Across Federal Lands Act, title to all interests in real property less than fee simple
1030	1028		506
1031	1029		held under this section is held jointly by the state and the county, city, or town
1032	1030		507
1033	1031		holding the interest.
	1032	+	- 15 - H.B. 229 01-15 16:40
1034	1033		508
1035	1034		(3) A transfer of land bounded by a highway on a right-of-way for which the public has
1036	1035		509
1037	1036		only an easement passes the title of the person whose estate is transferred to the middle
1038	1037		510
1039	1038		of the highway.
1040	1039		511
1041	1040		Section 6. Section 72-5-401 is amended to read:
1042	1041		512
1043	1042		72-5-401 . Definitions.
1044	1043		513
1045	1044		As used in this part:
1046	1045		514
1047	1046		[(1) "Corridor" means the path or proposed path of a transportation facility, including a
1048	1047		515
1049	1048		public transit facility, that exists or that may exist in the future, and may include the land
1050	1049		516
1051	1050		occupied or to be occupied by a transportation facility, and any other land that may be
1052	1051		517
1053	1052		needed for expanding a transportation facility or for controlling access to it.]
1054	1053		518
1055	1054		[(2)] (1) "Corridor preservation" means planning or acquisition processes intended to:
1056	1055		519
1057	1056		(a) protect or enhance the capacity of existing transportation corridors; and
1058	1057		520
1059	1058		(b) protect the availability of proposed transportation corridors in advance of the need
1060	1059		521
1061	1060		for and the actual commencement of the transportation facility construction.
1062	1061		522
1063	1062		[(3)] (2) "Development" means:
1064	1063		523
1065	1064		(a) the subdividing of land;
1066	1065		524
1067	1066		(b) the construction of improvements, expansions, or additions; or
1068	1067		525
1069	1068		(c) any other action that will appreciably increase the value of and the future acquisition
1070	1069		526
1071	1070		cost of land.
1072	1071		527
1073	1072		[(4)] (3) "Official map" means a map, drawn by government authorities and recorded in
1074	1073		528
1075	1074		county recording offices that:
1076	1075		529
1077	1076		(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1078	1077		530
1079	1078		highways and other transportation facilities;
1080	1079		531
1081	1080		(b) provides a basis for restricting development in designated rights-of-way or between
1082	1081		532
1083	1082		designated setbacks to allow the government authorities time to purchase or
1084	1083		533
1085	1084		otherwise reserve the land; and
1086	1085		534
1087	1086		(c) for counties and municipalities may be adopted as an element of the general plan,
1088	1087		535
1089	1088		pursuant to Title 17, Chapter 27a, Part 4, General Plan, or Title 10, Chapter 9a, Part
1090	1089		536
1091	1090		4, General Plan.
1092	1091		537
1093	1092		[(5)] (4) "Taking" means an act or regulation, either by exercise of eminent domain or other
1094	1093		538
1095	1094		police power, whereby [government] a government entity puts private property to public
1096		-	- 16 - Enrolled Copy H.B. 229
1097	1095		539
1098	1096		use or restrains use of private property for public purposes, and that requires
1099	1097		540
1100	1098		compensation to be paid to private property owners.
1101	1099		541
1102	1100		Section 7. Effective Date.
	1101	+	- 16 - 01-15 16:40 H.B. 229
1103	1102		542
1104	1103		This bill takes effect on May 7, 2025.
1105	1104		- 17 -