Chief Sponsor: Kay J. Christofferson

Senate Sponsor: Wayne A. Harper


8     Committee Note:
9          The Transportation Interim Committee recommended this bill.
10               Legislative Vote:     14 voting for     0 voting against     4 absent
11     General Description:
12          This bill amends provisions related to transportation corridor preservation funds.
13     Highlighted Provisions:
14          This bill:
15          ▸     allows the Department of Transportation to use certain corridor preservation funds
16     to cover staff costs to administer the fund;
17          ▸     extends the time horizon for use of the funds from 30 years to 40 years; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          72-2-117, as last amended by Laws of Utah 2012, Chapter 121
26          72-5-403, as last amended by Laws of Utah 2022, Chapter 259

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 72-2-117 is amended to read:
30          72-2-117. Marda Dillree Corridor Preservation Fund -- Distribution --
31     Repayment -- Rulemaking.
32          (1) There is created the Marda Dillree Corridor Preservation Fund within the
33     Transportation Fund.
34          (2) The fund shall be funded from the following sources:
35          (a) motor vehicle rental tax imposed under Section 59-12-1201;
36          (b) appropriations made to the fund by the Legislature;
37          (c) contributions from other public and private sources for deposit into the fund;
38          (d) interest earnings on cash balances;
39          (e) all money collected for repayments and interest on fund money;
40          (f) all money collected from rents and sales of real property acquired with fund money;
41     and
42          (g) proceeds from general obligation bonds, revenue bonds, or other obligations as
43     authorized by Title 63B, Bonds.
44          (3) (a) The commission shall authorize the expenditure of fund money to allow the
45     department to acquire real property or any interests in real property for state, county, and
46     municipal transportation corridors subject to:
47          (i) money available in the fund;
48          (ii) rules made under Subsection (6); and
49          (iii) Subsection (8).
50          (b) Fund money may be used to pay interest on debts incurred in accordance with this
51     section.
52          (4) Administrative costs for transportation corridor preservation shall be paid from the
53     fund.
54          (5) (a) The department:
55          [(a)] (i) may apply to the commission under this section for money from the Marda
56     Dillree Corridor Preservation Fund for a specified transportation corridor project, including for
57     county and municipal projects; and
58          [(b)] (ii) shall repay the fund money authorized for the project to the fund as required

59     under Subsection (6).
60          (b) The department may request and the commission may approve the expenditure of
61     money from the fund to pay the costs of staff and overhead costs to administer the fund.
62          (6) The commission shall:
63          (a) administer the Marda Dillree Corridor Preservation Fund to:
64          (i) preserve transportation corridors;
65          (ii) promote long-term statewide transportation planning;
66          (iii) save on acquisition costs; and
67          (iv) promote the best interests of the state in a manner which minimizes impact on
68     prime agricultural land;
69          (b) prioritize fund money based on considerations, including:
70          (i) areas with rapidly expanding population;
71          (ii) the willingness of local governments to complete studies and impact statements
72     that meet department standards;
73          (iii) the preservation of corridors by the use of local planning and zoning processes;
74          (iv) the availability of other public and private matching funds for a project; and
75          (v) the cost-effectiveness of the preservation projects;
76          (c) designate high priority corridor preservation projects in cooperation with a
77     metropolitan planning organization;
78          (d) administer the program for the purposes provided in this section;
79          (e) prioritize fund money in accordance with this section; and
80          (f) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
81     Rulemaking Act, establishing:
82          (i) the procedures for the awarding of fund money;
83          (ii) the procedures for the department to apply for transportation corridor preservation
84     money for projects; and
85          (iii) repayment conditions of the money to the fund from the specified project funds.
86          (7) (a) The proceeds from any bonds or other obligations secured by revenues of the
87     Marda Dillree Corridor Preservation Fund shall be used for:
88          (i) the acquisition of real property in hardship cases; and
89          (ii) any of the purposes authorized for funds in the Marda Dillree Corridor Preservation

90     Fund under this section.
91          (b) The commission shall pledge the necessary part of the revenues of the Marda
92     Dillree Corridor Preservation Fund to the payment of principal of and interest on the bonds or
93     other obligations.
94          (8) (a) The department may not apply for money under this section unless the highway
95     authority has an access management policy or ordinance in effect that meets the requirements
96     under Subsection (8)(b).
97          (b) The access management policy or ordinance shall:
98          (i) be for the purpose of balancing the need for reasonable access to land uses with the
99     need to preserve the smooth flow of traffic on the highway system in terms of safety, capacity,
100     and speed; and
101          (ii) include provisions:
102          (A) limiting the number of conflict points at driveway locations;
103          (B) separating conflict areas;
104          (C) reducing the interference of through traffic;
105          (D) spacing at-grade signalized intersections; and
106          (E) providing for adequate on-site circulation and storage.
107          (c) The department shall develop a model access management policy or ordinance that
108     meets the requirements of this Subsection (8) for the benefit of a county or municipality under
109     this section.
110          (9) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
111     the commission shall make rules establishing a corridor preservation advisory council.
112          (b) The corridor preservation advisory council shall:
113          (i) assist with and help coordinate the corridor preservation efforts of the department
114     and local governments;
115          (ii) provide recommendations and priorities concerning corridor preservation and the
116     use of fund money to the department and to the commission; and
117          (iii) include members designated by each metropolitan planning organization in the
118     state to represent local governments that are involved with corridor preservation through
119     official maps and planning.
120          Section 2. Section 72-5-403 is amended to read:

121          72-5-403. Transportation corridor preservation powers.
122          (1) The department, counties, and municipalities may:
123          (a) act in cooperation with one another and other government entities to promote
124     planning for and enhance the preservation of transportation corridors and to more effectively
125     use the money available in the Marda Dillree Corridor Preservation Fund created in Section
126     72-2-117;
127          (b) undertake transportation corridor planning, review, and preservation processes; and
128          (c) acquire fee simple rights and other rights of less than fee simple, including
129     easement and development rights, or the rights to limit development, including rights in
130     alternative transportation corridors, and to make these acquisitions up to a projected [30 ] 40
131     years in advance of using those rights in actual transportation facility construction.
132          (2) In addition to the powers described under Subsection (1), counties and
133     municipalities may:
134          (a) limit development for transportation corridor preservation by land use regulation
135     and by official maps; and
136          (b) by ordinance prescribe procedures for approving limited development in
137     transportation corridors until the time transportation facility construction begins.
138          (3) (a) The department shall identify and the commission shall approve transportation
139     corridors as high priority transportation corridors for transportation corridor preservation.
140          (b) The department shall notify a county or municipality if the county or municipality
141     has land within its boundaries that is located within the boundaries of a high priority
142     transportation corridor.
143          (c) The department may, on a voluntary basis, acquire private property rights within the
144     boundaries of a high priority transportation corridor for which a notification has been received
145     in accordance with Section 10-9a-206 or 17-27a-206.