First Substitute H.B. 214

Representative David L. Hogue proposes to substitute the following bill:

1 CORRIDOR PRESERVATION FUNDING
2 DISTRIBUTION
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David L. Hogue
6 This act modifies the Transportation Code by amending the considerations to be used to
7 prioritize the Corridor Preservation Revolving Loan Fund monies. This act also provides
8 membership guidelines for the Corridor Preservation Advisory Council.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 72-2-117, as last amended by Chapter 34, Laws of Utah 2000
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 72-2-117 is amended to read:
14 72-2-117. Transportation Corridor Preservation Revolving Loan Fund --
15 Distribution -- Repayment -- Rulemaking.
16 (1) There is created the Transportation Corridor Preservation Revolving Loan Fund within
17 the Transportation Fund.
18 (2) The fund shall be funded from the following sources:
19 (a) motor vehicle rental tax imposed under Section 59-12-1201 ;
20 (b) appropriations made to the fund by the Legislature;
21 (c) contributions from other public and private sources for deposit into the fund;
22 (d) interest earnings on cash balances;
23 (e) all monies collected for repayments and interest on fund monies;
24 (f) all monies collected from rents and sales of real property acquired with fund monies;
25 and

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

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

88 (D) spacing at-grade signalized intersections; and
89 (E) providing for adequate on-site circulation and storage.
90 (c) The department shall develop a model access management policy or ordinance that
91 meets the requirements of this Subsection (9) for the benefit of a county or municipality under this
92 section.
93 (10) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
94 the commission shall make rules establishing a corridor preservation advisory council.
95 (b) The corridor preservation advisory council shall:
96 (i) assist with and help coordinate the corridor preservation efforts of the department and
97 local governments;
98 (ii) provide recommendations and priorities concerning corridor preservation and the use
99 of fund monies to the department and to the commission; and
100 (iii) include members designated by each metropolitan planning organization in the state
101 to represent local governments that are involved with corridor preservation through official maps
102 and planning.