H.B. 66

1

ACCESS MANAGEMENT INCENTIVES IN
2 TRANSPORTATION
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Marda Dillree
6 AN ACT RELATING TO TRANSPORTATION; AMENDING CERTAIN PROVISIONS FOR
7 THE AUTHORIZATION OF TRANSPORTATION CORRIDOR PRESERVATION
8 REVOLVING LOAN FUNDS; AND REQUIRING CERTAIN ACCESS MANAGEMENT
9 POLICIES OR ORDINANCES TO QUALIFY FOR FUNDS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 72-2-117, as renumbered and amended by Chapter 270 and last amended by Chapter 314,
13 Laws of Utah 1998
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 72-2-117 is amended to read:
16 72-2-117. Transportation Corridor Preservation Revolving Loan Fund --
17 Distribution -- Repayment -- Rulemaking.
18 (1) There is created the Transportation Corridor Preservation Revolving Loan Fund within
19 the Transportation Fund.
20 (2) The fund shall be funded from the following sources:
21 (a) motor vehicle rental tax imposed under Section 59-12-1201 ;
22 (b) appropriations made to the fund by the Legislature;
23 (c) contributions from other public and private sources for deposit into the fund;
24 (d) interest earnings on cash balances;
25 (e) all monies collected for repayments and interest on fund monies;
26 (f) all monies collected from rents and sales of real property acquired with fund monies;
27 and

28 (g) proceeds from revenue bonds or other obligations issued in accordance with Title 63,
29 Chapter 9a, State Building Ownership, and Title 63B, Bonds.
30 (3) All monies appropriated to the Transportation Corridor Preservation Revolving Loan
31 Fund are nonlapsing.
32 (4) (a) The commission shall authorize the expenditure of fund monies to allow the
33 department to acquire real property or any interests in real property for state, county, and municipal
34 transportation corridors subject to:
35 (i) monies available in the fund; [and]
36 (ii) rules made under Subsection (7); and
37 (iii) Subsection (9).
38 (b) Fund monies may be used to pay interest on debts incurred in accordance with this
39 section.
40 (5) Administrative costs of the Transportation Corridor Preservation Revolving Loan Fund
41 shall be paid from the fund.
42 (6) The department:
43 (a) may apply to the commission under this section for monies from the Transportation
44 Corridor Preservation Revolving Loan Fund for a specified transportation corridor project,
45 including for county and municipal projects; and
46 (b) shall repay the fund monies authorized for the project to the fund as required under
47 Subsection (7).
48 (7) The commission shall:
49 (a) administer the Transportation Corridor Preservation Revolving Loan Fund to preserve
50 transportation corridors, promote long-term statewide transportation planning, save on acquisition
51 costs, and promote the best interests of the state in a manner which minimizes impact on prime
52 agricultural land;
53 (b) prioritize fund monies based on considerations, including:
54 (i) areas with rapidly expanding population;
55 (ii) the willingness of local governments to complete studies and impact statements that
56 meet department standards;
57 (iii) the preservation of corridors by the use of local planning and zoning processes; and
58 (iv) the availability of other public and private matching funds for a project; and

59 (c) make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
60 Act, establishing the:
61 (i) procedures for the awarding of fund monies;
62 (ii) procedures for the department to apply for transportation corridor preservation monies
63 for projects; and
64 (iii) repayment conditions of the monies to the fund from the specified project funds.
65 (8) (a) The proceeds from the revenue bonds or other obligations issued on revenues of
66 the Transportation Corridor Preservation Revolving Loan Fund shall be used for:
67 (i) the acquisition of real property in hardship cases; and
68 (ii) any of the purposes authorized for funds in the Transportation Corridor Preservation
69 Revolving Loan Fund under this section.
70 (b) The commission shall pledge the necessary part of the revenues of the Transportation
71 Corridor Preservation Revolving Loan Fund to the payment of principal of and interest on the
72 revenue bonds or other obligations.
73 (9) (a) The department may not apply for monies under this section for a highway authority
74 that does not have an access management policy or ordinance in effect that meets the requirements
75 under Subsection (9)(b).
76 (b) The access management policy or ordinance shall:
77 (i) be for the purpose of balancing the need for reasonable access to land uses with the
78 need to preserve the smooth flow of traffic on the highway system in terms of safety, capacity, and
79 speed; and
80 (ii) include provisions:
81 (A) limiting the number of conflict points at driveway locations;
82 (B) separating conflict areas;
83 (C) reducing the interference of through traffic;
84 (D) spacing at-grade signalized intersections; and
85 (E) providing for adequate on-site circulation and storage.
86 (c) The department shall develop a model access management policy or ordinance that
87 meets the requirements of this Subsection (9) for the benefit of a county or municipality under this
88 section.

Legislative Review Note
as of 1-6-99 12:19 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel