First Substitute S.B. 25

This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 2, 2005 at 10:12 AM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 14, 2005 at 12:01 PM by rday. --> This document includes Senate Committee Amendments (CORRECTED) incorporated into the bill on Tue, Feb 22, 2005 at 8:07 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 23, 2005 at 3:19 PM by rday. -->

Senator Carlene M. Walker proposes the following substitute bill:

1 TRANSPORTATION AMENDMENTS AND
2 HIGHWAY JURISDICTIONAL TRANSFER
3 TASK FORCE
4 2005 GENERAL SESSION
5 STATE OF UTAH
6 Sponsor: Carlene M. Walker
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Utah Municipal Code, the Cities, Counties, and Local Taxing
11 Units Code, the Counties Code, the Motor Vehicles Code, the Transportation Code, and
12 the Judicial Code to amend provisions relating to transportation and creates the
13 Highway Jurisdictional Transfer Task Force.
14 Highlighted Provisions:
15 This bill:
16 . provides definitions;
17 . expands written notice requirements of a local political subdivision's intent to
18 prepare a capital facilities plan to include notice to the Utah Department of
19 Transportation and a public transit district if the local political subdivision is within
20 the public transit district boundaries;
21 . requires municipalities and counties to notify the Utah Department of
22 Transportation, a public transit district if the municipality or county is within the
23 public transit district boundaries, and local associations of governments of proposed
24 zoning designation changes, plat considerations, general plan changes, and
25 annexations that impact state and regional transportation systems;

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- 2 - 26 . provides that notification for proposed changes is required for projects:
27 . adjacent to state highways;
28 . in other areas that have potential traffic increases of 3,000 Average Daily Traffic
29 or peak hour traffic of more than 500 vehicles per hour;
30 . allows a municipality's or county's general plan recommendations from the
31 planning commission to include comments from the Utah Department of
32 Transportation, a public transit district if the municipality or county is within the
33 public transit district boundaries, and local associations of governments concerning
34 the impacts on state and regional transportation systems;
35 . provides that a person who operates a vehicle in a tollway without paying the toll is
36 guilty of a class C misdemeanor;
37 . provides that funds in the Tollway Restricted Account may be used for enforcement
38 of a tollway;
39 . provides that the Department of Transportation may designate, with the approval of
40 the Transportation Commission:
41 . highways as tollways on new state highways or additional capacity lanes as toll
42 lanes on existing state highways; and
43 . high occupancy toll lanes on existing state highways;
44 . provides that the Department of Transportation shall make rules establishing
45 standards and specifications for automatic tolling;
46 . provides that the Transportation Commission may provide funds for tollways;
47 . provides that revenues received from tolls shall be deposited in the Tollway
48 Restricted Account;
49 . requires the executive director of the Department of Transportation to develop
50 strategic initiatives for the department;
51 . requires the executive director to report the strategic initiatives to the Transportation
52 Commission;
53 . requires the department to makes rules establishing the strategic initiatives of the
54 department;
55 . requires the Transportation Commission, in consultation with the department, to
56 develop a written prioritization process for the selection of new transportation

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- 3 - 57 capacity projects;
58 . requires the commission to hold public hearings on the written prioritization
59 process;
60 . requires the commission, in consultation with the department, to make rules
61 establishing the written prioritization process for new transportation capacity
62 projects;
63 . requires the commission to submit the rules to the Legislature prior to adopting
64 them;
65 . requires the commission to:
66 . prioritize and fund new transportation capacity projects pursuant to the written
67 prioritization process;
68 . hold public hearings on the prioritization of projects; and
69 . make available upon request the ranking used for any projects prioritized;
70 . requires the executive director or the executive director's designee to report annually
71 to the governor and the Legislature on projects prioritized by the commission;
72 . amends provisions establishing criteria for state highways;
73 . provides that a state highway shall meet the criteria provided and requires highway
74 authorities to cooperate to match the criteria with designated state highways;
75 . requires the Department of Transportation to make rules:
76 . defining and designating regionally significant arterial highways; and
77 . establishing an access management policy consistent with the functional
78 classification of roadways;
79 . establishes a task force to study highway jurisdictional transfers;
80 . establishes task force membership, duties, and salaries and designates staff for the
81 task force;
82 . requires the task force to prepare a report;
83 . requires the Department of Transportation and other organizations to prepare a list
84 of highways that should be added or deleted from the state highway system and
85 provide other data to the task force;
86 . requires the task force to report its findings to the Transportation Interim Committee
87 on a specified date; and

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Senate 2nd Reading Amendments 2-14-2005 rd/sch 88

. makes technical changes.
89 Monies Appropriated in this Bill:
90 None
91 Other Special Clauses:
92 This bill provides a repeal date for the task force.
93 This bill provides a coordination clause.
94 Utah Code Sections Affected:
95 AMENDS:
96 10-9-103.5, as enacted by Chapter 339, Laws of Utah 1999
97 10-9-301.5, as enacted by Chapter 99, Laws of Utah 2004
98 10-9-302, as last amended by Chapter 99, Laws of Utah 2004
99 10-9-407, as last amended by Chapter 179, Laws of Utah 1995
100 17-27-103.5, as enacted by Chapter 339, Laws of Utah 1999
101 17-27-301.5, as enacted by Chapter 99, Laws of Utah 2004
102 17-27-302, as last amended by Chapter 99, Laws of Utah 2004
103 17-27-406, as last amended by Chapter 241, Laws of Utah 2001
104 72-2-120, as renumbered and amended by Chapter 270, Laws of Utah 1998
105 72-4-102.5, as enacted by Chapter 72, Laws of Utah 1999
106 72-6-118, as renumbered and amended by Chapter 270, Laws of Utah 1998
107 ENACTS:
108 S. [ 41-6-65.5 ] 41-6a-716 .S , Utah Code Annotated 1953
109 72-1-211, Utah Code Annotated 1953
110 72-1-304, Utah Code Annotated 1953
111 72-1-305, Utah Code Annotated 1953
112 Uncodified Material Affected:
113 ENACTS UNCODIFIED MATERIAL
114
115 Be it enacted by the Legislature of the state of Utah:
116 Section 1. Section 10-9-103.5 is amended to read:
117 10-9-103.5. Notice to nearby entities.
118 (1) As used in this section[, "predevelopment]:

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Senate 3rd Reading Amendments 2-23-2005 rd/sch 119

(a) "Average Daily Traffic" has the same meaning as defined by the American
120 Association of State Highway and Transportation Officials.
121 (b) "Predevelopment activity" means a public hearing concerning or consideration by
122 the planning commission or the municipal legislative body of:
123 [(a)] (i) a proposed change in zoning designation;
124 [(b)] (ii) a preliminary or final plat describing a multiple-unit residential development
125 or a commercial or industrial development; or
126 [(c)] (iii) a proposed modification of the municipality's general plan whereby the
127 vehicular capacity of a municipal road is proposed to be increased.
128 (2) The planning commission or legislative body, as the case may be, of each
129 municipality shall provide notice of predevelopment activity occurring in the municipality to:
130 (a) the legislative body of:
131 [(a)] (i) each municipality whose boundaries are within one mile of the property that is
132 the subject of the predevelopment activity; and
133 [(b)] (ii) each county that has unincorporated territory within one mile of the property
134 that is the subject of the predevelopment activity[.];
135 (b) the Utah Department of Transportation and the local association of governments,
136 created by agreement under Title 11, Chapter 13, Interlocal Cooperation Act, if:
137 (i) predevelopment activity could create S. an increase in .S site:
138 (A) traffic of 3,000 or more Average Daily Traffic; or
139 (B) projected peak hour traffic of more than 500 vehicles per hour; or
140 (ii) predevelopment activity is along a state highway regardless of Average Daily
141 Traffic or peak hour traffic; and
142 (c) a public transit district organized under Title 17A, Chapter 2, Part 10, Utah Public
143 Transit District Act, if:
144 (i) the municipality is within the public transit district boundaries; and
145 (ii) a provision under Subsection (2)(b)(i) or (ii) applies to the predevelopment activity.
146 (3) The notice required by Subsection (2) shall be provided at least seven days before
147 the predevelopment activity occurs.
148 (4) A planning commission or municipal legislative body meets the notice requirement
149 of Subsection (2) by mailing to each appropriate legislative body, at least seven days before the

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- 6 - 150 predevelopment activity occurs, a copy of a planning commission or municipal legislative body
151 meeting agenda that contains information sufficient to enable a reasonable reader to understand
152 that predevelopment activity is expected to occur in the municipality and the location of the
153 property that is the subject of the predevelopment activity.
154 (5) If notice given under this section is not challenged under Section 10-9-1001 within
155 30 days after the action for which notice is given, the notice is considered adequate and proper.
156 Section 2. Section 10-9-301.5 is amended to read:
157 10-9-301.5. Notice of intent to prepare a general plan or amendments to a general
158 plan in certain municipalities.
159 (1) As used in this section:
160 (a) (i) "Affected entity" means each county, municipality, independent special district
161 under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
162 Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title
163 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
164 (A) whose services or facilities are likely to require expansion or significant
165 modification because of an intended use of land; or
166 (B) that has filed with the municipality a copy of the entity's general or long-range
167 plan.
168 (ii) "Affected entity" does not include the municipality that is required under this
169 section to provide notice.
170 (b) "Specified public utility" means an electrical corporation, gas corporation, or
171 telephone corporation, as those terms are defined in Section 54-2-1 .
172 (2) Before preparing a proposed general plan or amendments to an existing general
173 plan, each municipality within a county of the first or second class shall provide written notice,
174 as provided in this section, of its intent to prepare a proposed general plan or amendments to a
175 general plan.
176 (3) Each notice under Subsection (2) shall:
177 (a) indicate that the municipality intends to prepare a general plan or amendments to a
178 general plan, as the case may be;
179 (b) describe or provide a map of the geographic area that will be affected by the general
180 plan or amendments to a general plan;

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Senate 3rd Reading Amendments 2-23-2005 rd/sch 181

(c) be sent to:
182 (i) each affected entity;
183 (ii) the Automated Geographic Reference Center created in Section 63A-6-202 ;
184 (iii) the association of governments, established pursuant to an interlocal agreement
185 under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member;
186 [and]
187 (iv) the state planning coordinator appointed under Section 63-38d-202 ;
188 (v) the Utah Department of Transportation if the general plan or amendments to the
189 general plan:
190 (A) pertain to a site along a state highway; or
191 (B) allow a development that would create S. an increase in .S site:
192 (I) traffic of 3,000 or more Average Daily Traffic as defined in Section 10-9-103.5 ; or
193 (II) projected peak hour traffic of more than 500 vehicles per hour; and
194 (vi) a public transit district organized under Title 17A, Chapter 2, Part 10, Utah Public
195 Transit District Act, if:
196 (A) the municipality is within the public transit district boundaries; and
197 (B) a provision under Subsection (3)(c)(v)(A) or (B) applies to the general plan or
198 amendments to the general plan;
199 (d) with respect to the notice to affected entities, invite the affected entities to provide
200 information for the municipality to consider in the process of preparing, adopting, and
201 implementing a general plan or amendments to a general plan concerning:
202 (i) impacts that the use of land proposed in the proposed general plan or amendments
203 to a general plan may have on the affected entity; and
204 (ii) uses of land within the municipality that the affected entity is planning or
205 considering that may conflict with the proposed general plan or amendments to the general
206 plan; and
207 (e) include the address of an Internet website, if the municipality has one, and the name
208 and telephone number of a person where more information can be obtained concerning the
209 municipality's proposed general plan or amendments to a general plan.
210 Section 3. Section 10-9-302 is amended to read:
211 10-9-302. Plan preparation.

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- 8 - 212 (1) (a) Subject to Section 10-9-301.5 , the planning commission shall make and
213 recommend to the legislative body a proposed general plan for the area within the municipality.
214 (b) The plan may include areas outside the boundaries of the municipality if, in the
215 commission's judgment, they are related to the planning of the municipality's territory.
216 (c) Except as otherwise provided by law, when the plan of a municipality involves
217 territory outside the boundaries of the municipality, the municipality may not take action
218 affecting that territory without the concurrence of the county or other municipalities affected.
219 (2) The general plan, with the accompanying maps, plats, charts and descriptive and
220 explanatory matter, shall show the planning commission's recommendations for the
221 development of the territory covered by the plan, and may include, among other things:
222 (a) a land use element that:
223 (i) designates the proposed general distribution and location and extent of uses of land
224 for housing, business, industry, agriculture, recreation, education, public buildings and
225 grounds, open space, and other categories of public and private uses of land as appropriate; and
226 (ii) may include a statement of the standards of population density and building
227 intensity recommended for the various land use categories covered by the plan;
228 (b) a transportation and circulation element consisting of the general location and
229 extent of existing and proposed freeways, arterial and collector streets, mass transit, and any
230 other modes of transportation that are appropriate, all correlated with the land use element of
231 the plan;
232 (c) an environmental element that addresses:
233 (i) the protection, conservation, development, and use of natural resources, including
234 the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
235 and other natural resources; and
236 (ii) the reclamation of land, flood control, prevention and control of the pollution of
237 streams and other waters, regulation of the use of land on hillsides, stream channels and other
238 environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
239 protection of watersheds and wetlands, and the mapping of known geologic hazards;
240 (d) a public services and facilities element showing general plans for sewage, waste
241 disposal, drainage, local utilities, rights-of-way, easements, and facilities for them, police and
242 fire protection, and other public services;

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Senate 3rd Reading Amendments 2-23-2005 rd/sch 243

(e) a rehabilitation, redevelopment, and conservation element consisting of plans and
244 programs for:
245 (i) historic preservation; and
246 (ii) the elimination of blight and for redevelopment, including housing sites, business
247 and industrial sites, and public building sites;
248 (f) an economic element composed of appropriate studies and an economic
249 development plan that may include review of municipal revenue and expenditures, revenue
250 sources, identification of base and residentiary industry, primary and secondary market areas,
251 employment, and retail sales activity;
252 (g) recommendations for implementing the plan, including the use of zoning
253 ordinances, subdivision ordinances, capital improvement plans, and other appropriate actions;
254 (h) provisions addressing any of the matters listed in Subsection 10-9-301 (2); [and]
255 (i) any comments from the Utah Department of Transportation, a public transit district
256 organized under Title 17A, Chapter 2, Part 10, Utah Public Transit District Act, if the
257 municipality is within the public transit district boundaries, or the local association of
258 governments concerning the impact on the state or regional transportation system; and
259 [(i)] (j) any other elements the municipality considers appropriate.
260 Section 4. Section 10-9-407 is amended to read:
261 10-9-407. Conditional uses.
262 (1) A zoning ordinance may contain provisions for conditional uses that may be
263 allowed, allowed with conditions, or denied in designated zoning districts, based on
264 compliance with standards and criteria set forth in the zoning ordinance for those uses.
265 (2) Before acting on an application for a conditional use, the municipality shall notify:
266 (a) the Utah Department of Transportation and the local association of governments if
267 the application is for a conditional use of property:
268 (i) that is along a state highway; or
269 (ii) to allow a development that would create S. an increase in .S , on any local or
269a state highway, site:
270 (A) traffic of 3,000 or more Average Daily Traffic as defined in Section 10-9-103.5 ; or
271 (B) projected peak hour traffic of more than 500 vehicles per hour; and
272 (b) a public transit district organized under Title 17A, Chapter 2, Part 10, Utah Public
273 Transit District Act, if:

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Senate 3rd Reading Amendments 2-23-2005 rd/sch 274

(i) the municipality is within the public transit district boundaries; and
275 (ii) a provision under Subsection (2)(a)(i) or (ii) applies to the conditional use of the
276 property.
277 [(2)] (3) The board of adjustments has jurisdiction to decide appeals of the approval or
278 denial of conditional use permits unless the legislative body has enacted an ordinance
279 designating the legislative body or another body as the appellate body for those appeals.
280 Section 5. Section 17-27-103.5 is amended to read:
281 17-27-103.5. Notice to nearby entities.
282 (1) As used in this section, "predevelopment activity" means a public hearing
283 concerning or consideration by the planning commission or the county legislative body of:
284 (a) a proposed change in zoning designation;
285 (b) a preliminary or final plat describing a multiple-unit residential development or a
286 commercial or industrial development; or
287 (c) a proposed modification of the county's general plan whereby the vehicular capacity
288 of a county road is proposed to be increased.
289 (2) The planning commission or legislative body, as the case may be, of each county
290 shall provide notice of predevelopment activity occurring in the unincorporated county to:
291 (a) the legislative body of:
292 [(a)] (i) each municipality whose boundaries are within one mile of the property that is
293 the subject of the predevelopment activity; and
294 [(b)] (ii) each county that has unincorporated territory within one mile of the property
295 that is the subject of the predevelopment activity[.];
296 (b) the Utah Department of Transportation and the local association of governments,
297 created by agreement under Title 11, Chapter 13, Interlocal Cooperation Act, if:
298 (i) predevelopment activity could create S. an increase in .S site:
299 (A) traffic of 3,000 Average Daily Traffic as defined in Section 10-9-103.5 ; or
300 (B) projected peak hour traffic of more than 500 vehicles per hour; or
301 (ii) predevelopment activity is along a state highway regardless of Average Daily
302 Traffic or peak hour traffic; and
303 (c) a public transit district organized under Title 17A, Chapter 2, Part 10, Utah Public
304 Transit District Act, if:

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- 11 - 305 (i) the county is within the public transit district boundaries; and
306 (ii) a provision under Subsection (2)(b)(i) or (ii) applies to the predevelopment activity.
307 (3) The notice required by Subsection (2) shall be provided at least seven days before
308 the predevelopment activity occurs.
309 (4) A planning commission or county legislative body meets the notice requirements of
310 Subsection (2) by mailing to each appropriate legislative body, at least seven days before the
311 predevelopment activity occurs, a copy of a planning commission or county legislative body
312 meeting agenda that contains information sufficient to enable a reasonable reader to understand
313 that predevelopment activity is expected to occur in the county and the location of the property
314 that is the subject of the predevelopment activity.
315 (5) If notice given under this section is not challenged under Section 17-27-1001
316 within 30 days after the action for which notice is given, the notice is considered adequate and
317 proper.
318 Section 6. Section 17-27-301.5 is amended to read:
319 17-27-301.5. Notice of intent to prepare a general plan or amendments to a
320 general plan in certain counties.
321 (1) As used in this section:
322 (a) (i) "Affected entity" means each county, municipality, independent special district
323 under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
324 Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title
325 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
326 (A) whose services or facilities are likely to require expansion or significant
327 modification because of an intended use of land; or
328 (B) that has filed with the county a copy of the entity's general or long-range plan.
329 (ii) "Affected entity" does not include the county that is required under this section to
330 provide notice.
331 (b) "Specified public utility" means an electrical corporation, gas corporation, or
332 telephone corporation, as those terms are defined in Section 54-2-1 .
333 (2) Before preparing a proposed general plan or amendments to an existing general
334 plan, each county of the first or second class shall provide written notice, as provided in this
335 section, of its intent to prepare a proposed general plan or amendments to a general plan.

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(3) Each notice under Subsection (2) shall:
337 (a) indicate that the county intends to prepare a general plan or amendments to a
338 general plan, as the case may be;
339 (b) describe or provide a map of the geographic area that will be affected by the general
340 plan or amendments to a general plan;
341 (c) be sent to:
342 (i) each affected entity;
343 (ii) the Automated Geographic Reference Center created in Section 63A-6-202 ;
344 (iii) the association of governments, established pursuant to an interlocal agreement
345 under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a member; [and]
346 (iv) the state planning coordinator appointed under Section 63-38d-202 ;
347 (v) the Utah Department of Transportation if the general plan or amendments to the
348 general plan:
349 (A) pertain to a site along a state highway; or
350 (B) allow a development that would create S. an increase in .S site:
351 (I) traffic of 3,000 or more Average Daily Traffic as defined in Section 10-9-103.5 ; or
352 (II) projected peak hour traffic of more than 500 vehicles per hour; and
353 (vi) a public transit district organized under Title 17A, Chapter 2, Part 10, Utah Public
354 Transit District Act, if:
355 (A) the county is within the public transit district boundaries; and
356 (B) a provision under Subsection (3)(c)(v)(A) or (B) applies to the general plan or
357 amendments to the general plan;
358 (d) with respect to the notice to affected entities, invite the affected entities to provide
359 information for the county to consider in the process of preparing, adopting, and implementing
360 a general plan or amendments to a general plan concerning:
361 (i) impacts that the use of land proposed in the proposed general plan or amendments
362 to a general plan may have on the affected entity; and
363 (ii) uses of land within the county that the affected entity is planning or considering
364 that may conflict with the proposed general plan or amendments to the general plan; and
365 (e) include the address of an Internet website, if the county has one, and the name and
366 telephone number of a person where more information can be obtained concerning the county's

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368 Section 7. Section 17-27-302 is amended to read:
369 17-27-302. Plan preparation.
370 (1) (a) Subject to Section 17-27-301.5 , the planning commission shall make and
371 recommend to the legislative body a proposed general plan for the area within the county.
372 (b) (i) The plan may include planning for incorporated areas if, in the planning
373 commission's judgment, they are related to the planning of the unincorporated territory or of
374 the county as a whole.
375 (ii) Elements of the county plan that address incorporated areas are not an official plan
376 or part of a municipal plan for any municipality, unless it is adopted by the municipal planning
377 commission and the governing body of the municipality.
378 (2) The general plan, with the accompanying maps, plats, charts and descriptive and
379 explanatory matter, shall show the planning commission's recommendations for the
380 development of the territory covered by the plan, and may include, among other things:
381 (a) a land use element that:
382 (i) designates the proposed general distribution and location and extent of uses of land
383 for housing, business, industry, agriculture, recreation, education, public buildings and
384 grounds, open space, and other categories of public and private uses of land as appropriate; and
385 (ii) may include a statement of the standards of population density and building
386 intensity recommended for the various land use categories covered by the plan;
387 (b) a transportation and circulation element consisting of the general location and
388 extent of existing and proposed freeways, arterial and collector streets, mass transit, and any
389 other modes of transportation that are appropriate, all correlated with the land use element of
390 the plan;
391 (c) an environmental element that addresses:
392 (i) the protection, conservation, development, and use of natural resources, including
393 the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
394 and other natural resources; and
395 (ii) the reclamation of land, flood control, prevention and control of the pollution of
396 streams and other waters, regulation of the use of land on hillsides, stream channels and other
397 environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,

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- 14 - 398 protection of watersheds and wetlands, and the mapping of known geologic hazards;
399 (d) a public services and facilities element showing general plans for sewage, waste
400 disposal, drainage, local utilities, rights-of-way, easements, and facilities for them, police and
401 fire protection, and other public services;
402 (e) a rehabilitation, redevelopment, and conservation element consisting of plans and
403 programs for:
404 (i) historic preservation; and
405 (ii) the elimination of blight and for redevelopment, including housing sites, business
406 and industrial sites, and public building sites;
407 (f) an economic element composed of appropriate studies and an economic
408 development plan that may include review of county revenue and expenditures, revenue
409 sources, identification of base and residentiary industry, primary and secondary market areas,
410 employment, and retail sales activity;
411 (g) recommendations for implementing the plan, including the use of zoning
412 ordinances, subdivision ordinances, capital improvement plans, and other appropriate actions;
413 (h) provisions addressing any of the matters listed in Subsection 17-27-301 (2); [and]
414 (i) any comments from the Utah Department of Transportation, a public transit district
415 organized under Title 17A, Chapter 2, Part 10, Utah Public Transit District Act, if the county is
416 within the public transit district boundaries, or the local association of governments concerning
417 the impact on the state or regional transportation system; and
418 [(i)] (j) any other elements that the county considers appropriate.
419 Section 8. Section 17-27-406 is amended to read:
420 17-27-406. Conditional uses -- Appeals.
421 (1) A zoning ordinance may contain provisions for administrative decisions relating to
422 conditional uses that may be allowed, allowed with conditions, or denied in designated zoning
423 districts, based on compliance with standards and criteria set forth in the zoning ordinance for
424 those uses.
425 (2) Before acting on an application for a conditional use, the county shall notify:
426 (a) the Utah Department of Transportation and the local association of governments if
427 the application is for a conditional use of property:
428 (i) that is along a state highway; or

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(ii) that allows a development that would create S. an increase in .S , on any local or
429a state highway, site:
430 (A) traffic of 3,000 or more Average Daily Traffic as defined in Section 10-9-103.5 ; or
431 (B) projected peak hour traffic of more than 500 vehicles per hour; and
432 (b) a public transit district organized under Title 17A, Chapter 2, Part 10, Utah Public
433 Transit District Act, if:
434 (i) the county is within the public transit district boundaries; and
435 (ii) a provision under Subsection (2)(a)(i) or (ii) applies to the conditional use of the
436 property.
437 [(2)] (3) Appeals of the approval or denial of a conditional use permit shall be decided
438 by the board of adjustment, unless the county legislative body by ordinance designates itself or
439 another body to decide those appeals.
440 Section 9. S. [ Section 41-6-65.5 ] 41-6a-716 .S is enacted to read:
441 S. [ 41-6-65.5 ] 41-6a-716 .S . Driving on tollway without paying toll prohibited.
442 (1) As used in this section, "tollway" has the same meaning as defined in Section
443 72-6-118 .
444 (2) The operator of a vehicle traveling on a tollway shall pay the toll imposed by the
445 department or other entity for that tollway under Section 72-6-118 .
446 (3) A person who violates Subsection (2) is guilty of a class C misdemeanor.
447 Section 10. Section 72-1-211 is enacted to read:
448 72-1-211. Department to develop strategic initiatives -- Report -- Rulemaking.
449 (1) The executive director shall develop strategic initiatives for the department.
450 (2) The strategic initiatives developed under Subsection (1) shall include consideration
451 of the following factors:
452 (a) corridor preservation;
453 (b) development of new transportation capacity projects;
454 (c) long-term maintenance and operations of the transportation system;
455 (d) safety;
456 (e) incident management; and
457 (f) homeland security.
458 (3) (a) The executive director or the executive director's designee shall report the
459 strategic initiatives of the department developed under Subsection (1) to the Transportation

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Commission.
461 (b) The report required under Subsection (3)(a) shall include the measure that will be
462 used to determine whether the strategic initiatives have been achieved.
463 (4) After compliance with Subsection (3) and in accordance with Title 63, Chapter 46a,
464 Utah Administrative Rulemaking Act, the department shall make rules establishing the
465 strategic initiatives developed under this part.
466 Section 11. Section 72-1-304 is enacted to read:
467 72-1-304. Written project prioritization process for new transportation capacity
468 projects -- Rulemaking.
469 (1) S. [ (a) ] .S The Transportation Commission, in consultation with the department
469a S. and the metropolitan planning organizations as defined in Section 72-1-208.5 .S , shall
470 develop a written prioritization process for the prioritization of new transportation capacity
471 projects that are or will be part of the state highway system under Chapter 4, Part 1, State
472 Highways.
473 S. [ (b) The department shall consult with metropolitan planning organizations as defined
474 in Section 72-1-208.5 in the development provided under Subsection (1)(a). ] .S
475 (2) The following shall be included in the written prioritization process under
476 Subsection (1):
477 (a) a description of how the strategic initiatives of the department adopted under
478 Section 72-1-211 are advanced by the written prioritization process;
479 (b) a definition of the type of projects to which the written prioritization process
480 applies;
481 (c) specification of a weighted criteria system that is used to rank proposed projects
482 and how it will be used to determine which projects will be prioritized;
483 (d) specification of the data that is necessary to apply the weighted ranking criteria; and
484 (e) any other provisions the commission considers appropriate.
485 (3) In developing the written prioritization process, the commission S. :
485a (a) .S shall seek and
486 consider public comment by holding public meetings at locations throughout the state S. ; and
486a (b) may not consider local matching dollars as provided under Section 72-2-123 unless
486b the state provides an equal opportunity to raise local matching dollars for state highway
486c improvements within each county .S .
487 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
488 Transportation Commission, in consultation with the department, shall make rules establishing
489 the written prioritization process under Subsection (1).
490 (5) The commission shall submit the proposed rules under this section to a committee

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or task force designated by the Legislative Management Committee for review prior to taking
492 final action on the proposed rules or any proposed amendment to the rules described in
493 Subsection (4).
494 Section 12. Section 72-1-305 is enacted to read:
495 72-1-305. Project selection using the written prioritization process - Public
496 comment -- Report.
497 (1) Except as provided in Subsection (4), in determining priorities and funding levels
498 of projects in the state transportation system under Subsection 72-1-303 (1) that are new
499 transportation capacity projects, the commission shall use the weighted criteria system adopted
500 in the written prioritization process under Section 72-1-304 .
501 (2) Prior to finalizing priorities and funding levels of projects in the state transportation
502 system, the commission shall conduct public hearings at locations around the state and accept
503 public comments on:
504 (a) the written prioritization process; S. [ and ] .S
505 (b) the merits of S. [ major ] .S new transportation S. capacity .S projects that will
505a be prioritized under this
506 section S. [ . ] ; and
506a (c) the merits of new transportation capacity projects as recommended by a consensus
506b of local elected officials participating in a metropolitan planning organization as defined in
506c Section 72-1-208.5..S
507 (3) The commission shall make the weighted criteria system ranking for each project
508 publicly available prior to the public hearings held under Subsection (2).
509 (4) (a) If the commission prioritizes a project over another project with a higher rank
510 under the weighted criteria system, the commission shall identify the change and accept public
511 comment at a hearing held under this section on the merits of prioritizing the project above
512 higher ranked projects.
513 (b) The commission shall make the reasons for the prioritization under Subsection
514 (4)(a) publicly available.
515 (5) The executive director or the executive director's designee shall report annually to
516 the governor and a committee designated by the Legislative Management Committee no later
517 than the last day of October:
518 (a) the projects prioritized under this section during the year prior to the report; and
519 (b) the status and progress of all projects prioritized under this section.
520 Section 13. Section 72-2-120 is amended to read:
521 72-2-120. Tollway Restricted Account -- Revenue -- Nonlapsing.

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- 18 - 522 (1) There is created within the Transportation Fund a restricted account known as the
523 "Tollway Restricted Account."
524 (2) The account shall be funded from the following sources:
525 (a) tolls collected under Section 72-6-118 ;
526 (b) appropriations made to the account by the Legislature;
527 (c) contributions from other public and private sources for deposit into the account;
528 (d) interest earnings on cash balances; and
529 (e) all monies collected for repayments and interest on account monies.
530 (3) All monies appropriated to the account are nonlapsing.
531 (4) (a) Monies shall be appropriated by the Legislature from the restricted account to
532 the commission for tollway purposes.
533 (b) The commission may authorize the monies under Subsection (4)(a) to be spent by
534 the department to establish and operate tollways and related facilities, including design,
535 construction, reconstruction, operation, maintenance, enforcement, impacts from tollways, and
536 the acquisition of right-of-way.
537 Section 14. Section 72-4-102.5 is amended to read:
538 72-4-102.5. Definitions -- Rulemaking -- Criteria for state highways.
539 [(1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
540 the department shall make rules establishing and defining a functional classification of
541 roadways for the purpose of implementing this section. The definitions shall provide for a
542 separate functional classification system for urban and rural highways recognizing the unique
543 differences in the character of services provided by urban and rural highways.]
544 (1) As used in this section:
545 (a) "arterial highway" has the same meaning as provided under the Federal Highway
546 Administration Functional Classification Guidelines;
547 (b) "collector highway," "collector road," or "collector street" has the same meaning as
548 provided under the Federal Highway Administration Functional Classification Guidelines;
549 (c) "local street" or "local road" means a highway that is not an arterial highway or a
550 collector highway and that is under the jurisdiction of a county or municipality;
551 (d) "major collector highway," "major collector road," or "major collector street" has
552 the same meaning as provided under the Federal Highway Administration Functional

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Classification Guidelines;
554 (e) "minor collector road" or " S. [ major ] minor.S collector street" has the same
554a meaning as provided
555 under the Federal Highway Administration Functional Classification Guidelines;
556 (f) "minor arterial highway" or "minor arterial street" has the same meaning as
557 provided under the Federal Highway Administration Functional Classification Guidelines;
558 (g) "principal arterial highway" has the same meaning as provided under the Federal
559 Highway Administration Functional Classification Guidelines;
560 (h) "rural area" has the same meaning as provided under the Federal Highway
561 Administration Functional Classification Guidelines;
562 (i) "tourist area" means an area of the state frequented by tourists for the purpose of
563 visiting national parks, national recreation areas, national monuments, or state parks; and
564 (j) "urban area" has the same meaning as provided under the Federal Highway
565 Administration Functional Classification Guidelines.
566 (2) (a) Subject to the provisions of Title 72, Chapter 3, Highway Jurisdiction and
567 Classification Act, and this chapter, a state highway shall meet the criteria provided under this
568 section.
569 (b) The highway authorities of this state or their representatives shall cooperate to
570 match the criteria provided under this section with the state highways designated under this
571 title.
572 (c) The primary function of state highways is to provide for the safe and efficient
573 movement of traffic while providing access to property is a secondary function.
574 (d) The primary function of county and municipal highways is to provide access to
575 property.
576 (e) For purposes of this section, if a highway is within ten miles of a location identified
577 under this section the location is considered to be served by that highway.
578 [(2)] (3) A state highway shall:
579 (a) serve a statewide purpose by accommodating interstate movement of traffic or
580 inter-region movement of traffic within the state;
581 (b) primarily move higher traffic volumes over longer distances than highways under
582 local jurisdiction;
583 (c) connect major population centers;

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- 20 - 584 (d) be spaced so that:
585 (i) all developed areas in the state are within a reasonable distance of a state highway;
586 and [be spaced so that]
587 (ii) duplicative state routes are avoided;
588 (e) provide state highway system continuity and efficiency of state highway system
589 operation and maintenance activities;
590 [(f) provide access to property as a secondary function; and]
591 (f) include all interstate routes, all expressways, and all highways on the National
592 Highway System as designated by the Federal Highway Administration under 23 C.F.R.
593 Section 470, Subpart A, as of January 1, 2005; and
594 (g) exclude parking lots, driving ranges, and campus roads.
595 [(3) A rural state highway shall:]
596 [(a) include all interstate routes, all highways on the National Highway System as
597 designated by the Federal Highway Administration, all U.S. designated routes, and]
598 (4) In addition to the provisions of Subsection (3), in rural areas a state highway shall:
599 (a) include all minor arterial highways;
600 (b) include a major collector highway that:
601 (i) serves a county seat;
602 (ii) serves a municipality with a population of 1,000 or more;
603 (iii) serves a major industrial, commercial, or recreation areas that generate traffic
604 volumes equivalent to a population of 1,000 or more;
605 (iv) provides continuity for the state highway system by providing major connections
606 between other state highways;
607 (v) provides service between two or more counties; or
608 (vi) serves a compelling statewide public safety interest[.]; and
609 [(4) An urban] (c) exclude all minor collector streets and local roads.
610 (5) In addition to the provisions of Subsection (3), in urban areas a state highway shall:
611 (a) include all [interstate routes, all expressways, all highways on the National
612 Highway System as designated by the Federal Highway Administration, and all] principal
613 arterial highways; [and]
614 (b) include a minor arterial highway that:

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- 21 - 615 (i) provides continuity for the state highway system by providing major connections
616 between other state highways; [or]
617 (ii) is a route that is expected to be a principal arterial highway within ten years[.]; or
618 [(5) For] (iii) is needed to provide access to state highways; and
619 (c) exclude all collector highways and local roads.
620 (6) In addition to the provisions of Subsections (3) and (4), in tourist areas, a state
621 highway:
622 (a) shall [serve] include a highway that:
623 (i) serves a national park or a national recreational area; or
624 [(b) shall serve] (ii) serves a national monument with visitation greater than 100,000
625 per year; or
626 [(c)] (b) may [serve] include a highway that:
627 (i) serves a state park with visitation greater than 100,000 per year; or
628 [(d) may serve] (ii) serves a recreation site with visitation greater than 100,000 per
629 year.
630 (7) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
631 the department shall make rules:
632 (i) establishing and defining a functional classification of highways for the purpose of
633 implementing this section;
634 (ii) defining and designating regionally significant arterial highways; and
635 (iii) establishing an access management policy consistent with the functional
636 classification of roadways.
637 (b) The definitions under Subsection (7)(a) shall provide a separate functional
638 classification system for urban and rural highways recognizing the unique differences in the
639 character of services provided by urban and rural highways.
640 (c) The rules under Subsection (7)(a):
641 (i) shall conform as nearly as practical to the Federal Highway Administration
642 Functional Classification Guidelines; and
643 (ii) may incorporate by reference, in whole or in part, the federal guidelines under
644 Subsection (7)(c)(i).
645 Section 15. Section 72-6-118 is amended to read:

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72-6-118. Definitions -- Establishment and operation of tollways _ Imposition and
647 collection of tolls -- Amount of tolls -- Rulemaking.
648 (1) As used in this section:
649 (a) "High occupancy toll lane" means a high occupancy vehicle lane designated under
650 Section S. [ 41-6-53.5 ] 41-6a-702 .S that may be used by an operator of a vehicle carrying less
650a than the number of
651 persons specified for the high occupancy vehicle lane if the operator of the vehicle pays a toll
652 or fee.
653 [(a)] (b) "Toll" means any tax, fee, or charge assessed for the specific use of a tollway.
654 (c) "Toll lane" means a designated new highway or additional lane capacity that is
655 constructed, operated, or maintained for which a toll is charged for its use.
656 [(b)] (d) (i) "Tollway" means a highway, highway lane, bridge, path, tunnel, or
657 right-of-way designed and used as a transportation route that is constructed, operated, or
658 maintained through the use of toll revenues.
659 (ii) "Tollway" includes a high occupancy toll lane and a toll lane.
660 (2) Subject to the provisions of Subsection (3), the department may:
661 (a) establish and operate tollways and related facilities for the purpose of funding in
662 whole or in part the acquisition of right-of-way and the design, construction, reconstruction,
663 operation, enforcement, and maintenance of or impacts from a transportation route for use by
664 the public;
665 (b) enter into contracts, agreements, licenses, franchises, or other arrangements to
666 implement this section; and
667 (c) impose and collect tolls on any tollway established under this section.
668 (3) (a) [The] Except as provided under Subsection (3)(d), the department or other entity
669 may not establish or operate a tollway on [a] an existing state highway, except as approved by
670 the commission and the Legislature.
671 (b) Between sessions of the Legislature, a state tollway may be designated or deleted if:
672 (i) approved by the commission in accordance with the standards made under this
673 section; and
674 (ii) the tollways are submitted to the Legislature in the next year for legislative
675 approval or disapproval.
676 (c) In conjunction with a proposal submitted under Subsection (3)(b)(ii), the

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678 amount of tolls to be charged, and projected toll revenue.
679 (d) If approved by the commission, the department may:
680 (i) establish high occupancy toll lanes on existing state highways: and
681 (ii) establish tollways on new state highways or additional capacity lanes.
682 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
683 commission shall set the amount of any toll imposed or collected on a tollway on a state
684 highway.
685 (5) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
686 the department shall make rules:
687 (i) necessary to establish and operate tollways on state highways[.]; and
688 (ii) that establish standards and specifications for automatic tolling systems.
689 (b) The rules shall:
690 (i) include minimum criteria for having a tollway[.]; and
691 (ii) conform to regional and national standards for automatic tolling.
692 (6) (a) The commission may provide funds for public or private tollway pilot projects
693 or high occupancy toll lanes from General Fund monies appropriated by the Legislature to the
694 commission for that purpose.
695 (b) The commission may determine priorities and funding levels for tollways
696 designated under this section.
697 (7) All revenue generated from a tollway on a state highway shall be deposited into the
698 Tollway Restricted Account created in Section 72-2-120 and used for acquisition of
699 right-of-way and the design, construction, reconstruction, operation, maintenance, and
700 enforcement of transportation facilities within the corridor served by the tollway.
701 Section 16. Highway Jurisdictional Transfer Task Force -- Creation --
702 Membership - Procedures -- Compensation -- Staff.
703 (1) There is created the Highway Jurisdictional Transfer Task Force consisting of the
704 following 13 members:
705 (a) three members of the Senate appointed by the president of the Senate, no more than
706 two of whom may be from the same political party;
707 (b) three members of the House of Representatives appointed by the speaker of the

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709 (c) the executive director or the executive director's designee of the Department of
710 Transportation as a nonvoting member;
711 (d) two representatives of metropolitan planning organizations as defined under
712 Section 72-1-208.5 appointed by the governor as nonvoting members;
713 (e) two representatives of the counties appointed by the governor as nonvoting
714 members; and
715 (f) two representatives of the municipalities appointed by the governor as nonvoting
716 members.
717 (2) (a) The president of the Senate shall designate a member of the Senate appointed
718 under Subsection (1)(a) as a cochair of the task force.
719 (b) The speaker of the House of Representatives shall designate a member of the House
720 of Representatives appointed under Subsection (1)(b) as a cochair of the task force.
721 (3) (a) A majority of the voting members of the task force constitutes a quorum of the
722 task force.
723 (b) The action of a majority of the voting members constitutes the action of the task
724 force.
725 (4) (a) Salaries and expenses of the members of the task force who are legislators shall
726 be paid in accordance with Section 36-2-2 and Legislative Joint Rule 15.03.
727 (b) A member of the task force who is not a legislator may not receive compensation
728 for the work associated with the task force, but may receive per diem and reimbursement for
729 travel expenses incurred as a member of the task force at the rates established by the Division
730 of Finance under Sections 63A-3-106 and 63A-3-107 .
731 (5) The Office of Legislative Research and General Counsel shall provide staff support
732 to the task force.
733 (6) The Office of Legislative Fiscal Analyst shall provide staff for fiscal planning
734 support to the task force.
735 Section 17. Duties -- Interim report.
736 (1) The task force shall review and make recommendations on the jurisdictional
737 transfer of highways from the state to counties and municipalities and from counties and
738 municipalities to the state including:

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- 25 - 739 (a) which highways should be transferred in accordance with Section 72-4-102.5 ;
740 (b) the amount of funding or other resources that should be provided with the transfers;
741 and
742 (c) the phase-in or timing of the transfers.
743 (2) Based on the criteria provided for state highways under Section 72-4-102.5 the
744 Department of Transportation in cooperation with representatives of the municipalities, the
745 counties, and the Metropolitan Planning Organizations as defined under Section 72-1-208.5
746 shall develop a list of highways that should be deleted as state highways and that should be
747 added as state highways.
748 (3) The list of highways under Subsection (2) shall be presented and provided along
749 with related data requested by the task force chairs to the task force no later than June 30, 2005.
750 (4) The Department of Transportation and the representatives specified under
751 Subsection (2) shall provide other data as requested by the task force chairs relevant to the task
752 force making a determination for funding, timing, highway condition, and other requirements
753 of any highway transfer.
754 (5) The task force shall consider:
755 (a) the potential need for a uniform access management policy under Section
756 72-4-102.5 applicable to any transferred highways; and
757 (b) the potential need for compatible traffic signal coordination systems and intelligent
758 transportation systems.
758a S. (6) The task force shall meet no more than eight times from April through November.
758b (7) The task force shall make a final report, including any proposed legislation, to the
758c Transportation Interim Committee before November 30, 2005. .S
759 Section 18. Repeal date.
760 The uncodified material that creates the Highway Jurisdictional Transfer Task Force is
761 repealed on November 30, 2005.
762 Section 19. Coordinating S.B. 25 with S.B. 60.
763 If this S.B. 25 and S.B. 60, Local Land-use Development and Management
764 Amendments, both pass, it is the intent of the Legislature that the amendments to the following
765 sections in this S.B. 25 do not take effect when the Office of Legislative Research and General
766 Counsel prepares the Utah Code database for publication:
767 (1) 10-9-103.5 ;
768 (2) 10-9-301.5 ;
769 (3) 10-9-302 ;

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771 (5) 17-27-103.5 ;
772 (6) 17-27-301.5 ;
773 (7) 17-27-302 ; and
774 (8) 17-27-406 .
775 Section 20. Coordinating S.B. 25 with S.B. 5.
776 If this S.B. 25 and S.B. 5, Traffic Code Recodification and Revisions, both pass it is the
777 intent of the Legislature that Section 41-6-65.5 and any references to that section in this S.B. 25
778 be renumbered to Section 41-6a-716 when the Office of Legislative Research and General
779 Counsel prepares the Utah Code database for publication.