Representative Nelson T. Abbott proposes the following substitute bill:


1     
PEDESTRIAN SAFETY AND FACILITIES ACT

2     
MODIFICATIONS

3     
2024 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Nelson T. Abbott

6     
Senate Sponsor: Kathleen A. Riebe

7     

8     LONG TITLE
9     General Description:
10          This bill makes changes to the Pedestrian Safety and Facilities Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     makes changes to include a bicyclist in the provisions of the Pedestrian Safety and
14     Facilities Act; and
15          ▸     adds additional safety measures for pedestrians and bicyclists.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          72-8-102, as last amended by Laws of Utah 2003, Chapter 292
23          72-8-103, as renumbered and amended by Laws of Utah 1998, Chapter 270
24          72-8-104, as renumbered and amended by Laws of Utah 1998, Chapter 270
25          72-8-105, as renumbered and amended by Laws of Utah 1998, Chapter 270

26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 72-8-102 is amended to read:
29     
CHAPTER 8. PEDESTRIAN AND BICYCLIST SAFETY AND FACILITIES ACT

30          72-8-102. Definitions.
31          As used in this chapter:
32          (1) "Construction" means the function of constructing or reconstructing a sidewalk
33     with or without curb and gutter and includes land acquisition and engineering or inspection as
34     defined by the rules and regulations of the department.
35          (2) "Curb and gutter" means the area between the roadway and sidewalk designed for
36     water runoff and providing a barrier for safety of pedestrian and vehicular traffic.
37          (3) "Participating municipality" means a city of the third, fourth, or fifth class or a
38     town.
39          (4) "Pedestrian and bicyclist safety [devices] device" means [any] a device or method
40     appurtenant to a roadway designed to foster the safety of pedestrian or bicyclist traffic
41     including sidewalks, curbs, gutters, [and] pedestrian overpasses, pedestrian crossings, bicycle
42     lanes, multi-use paths, median islands, curb extensions, barriers, and changes in street
43     alignment.
44          Section 2. Section 72-8-103 is amended to read:
45          72-8-103. Designated county and municipal sidewalks -- Construction on
46     easements granted by transportation department.
47          (1) All sidewalks, including curbs and gutters within the unincorporated areas of a
48     county and within nonparticipating municipalities situated within the county, are designated
49     county sidewalks. All sidewalks within participating municipalities are designated municipal
50     sidewalks.
51          (2) Counties and participating municipalities may construct and maintain curbs,
52     gutters, sidewalks, [and] or pedestrian and bicyclist safety devices adjacent to the traveled
53     portion of state highways upon easements that may be granted by the department. The
54     department shall cooperate with counties and participating municipalities to accomplish
55     pedestrian and bicyclist safety construction and maintenance.
56          (3) A county or municipality may construct and maintain pedestrian and bicyclist safety

57     devices on state highways in compliance with rules made by the department.
58          Section 3. Section 72-8-104 is amended to read:
59          72-8-104. Funding priorities by county and municipality officials -- Factors.
60          (1) A county or municipality may use a portion of [their] the county's or municipality's
61     B and C road funds for pedestrian and bicyclist safety devices under this part.
62          (2) The county legislative body of the counties and the governing officials of
63     participating municipalities may establish funding priorities relating to construction of curbs,
64     gutters, sidewalks, or other pedestrian and bicyclist safety construction, with funds permitted to
65     be expended by this part, based on [factors including, but not limited to]:
66          (a) existing useable rights-of-way;
67          (b) vehicle-pedestrian and vehicle-bicyclist accident experience;
68          (c) average daily vehicle traffic;
69          (d) average daily pedestrian and bicyclist traffic;
70          (e) average daily school age pedestrian and bicyclist traffic; [and]
71          (f) speed of vehicle traffic[.];
72          (g) proximity to public transit; and
73          (h) other relevant factors.
74          (3) All construction performed under this part shall be barrier free to wheelchairs at
75     crosswalks and intersections.
76          Section 4. Section 72-8-105 is amended to read:
77          72-8-105. Pedestrian and bicyclist safety to be considered in highway planning.
78          A highway authority shall consider pedestrian and bicyclist safety in all highway
79     engineering and planning where pedestrian or bicyclist traffic may be a significant factor on all
80     projects within the state or any of its political subdivisions.
81          Section 5. Effective date.
82          This bill takes effect on May 1, 2024.