Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 44 (2023GS)

Sponsor

Rep. Christofferson, K.

Final action

Governor Signed 3/13/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• allows the Department of Transportation to use certain corridor preservation funds to cover staff costs to administer the fund;
• extends the time horizon for use of the funds from 30 years to 40 years; and
• makes technical changes.

Every vote on this bill

Bill text

TRANSPORTATION CORRIDOR FUNDING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill amends provisions related to transportation corridor preservation funds.
Highlighted Provisions:
This bill:
▸ allows the Department of Transportation to use certain corridor preservation funds
to cover staff costs to administer the fund;
▸ extends the time horizon for use of the funds from 30 years to 40 years; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
72-2-117
, as last amended by Laws of Utah 2012, Chapter 121
72-5-403
, as last amended by Laws of Utah 2022, Chapter 259
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
72-2-117
 is amended to read:
72-2-117.
Marda Dillree Corridor Preservation Fund -- Distribution --
Repayment -- Rulemaking.
(1) There is created the Marda Dillree Corridor Preservation Fund within the
Transportation Fund.
(2) The fund shall be funded from the following sources:
(a) motor vehicle rental tax imposed under Section 
59-12-1201
;
(b) appropriations made to the fund by the Legislature;
(c) contributions from other public and private sources for deposit into the fund;
(d) interest earnings on cash balances;
(e) all money collected for repayments and interest on fund money;
(f) all money collected from rents and sales of real property acquired with fund money;
and
(g) proceeds from general obligation bonds, revenue bonds, or other obligations as
authorized by Title 63B, Bonds.
(3) (a) The commission shall authorize the expenditure of fund money to allow the
department to acquire real property or any interests in real property for state, county, and
municipal transportation corridors subject to:
(i) money available in the fund;
(ii) rules made under Subsection (6); and
(iii) Subsection (8).
(b) Fund money may be used to pay interest on debts incurred in accordance with this
section.
(4) Administrative costs for transportation corridor preservation shall be paid from the
fund.
(5) 
(a)
 The department:
[
(a)
] 
(i)
 may apply to the commission under this section for money from the Marda
Dillree Corridor Preservation Fund for a specified transportation corridor project, including for
county and municipal projects; and
[
(b)
] 
(ii)
 shall repay the fund money authorized for the project to the fund as required
under Subsection (6).
(b) The department may request and the commission may approve the expenditure of
money from the fund to pay the costs of staff and overhead costs to administer the fund.
(6) The commission shall:
(a) administer the Marda Dillree Corridor Preservation Fund to:
(i) preserve transportation corridors;
(ii) promote long-term statewide transportation planning;
(iii) save on acquisition costs; and
(iv) promote the best interests of the state in a manner which minimizes impact on
prime agricultural land;
(b) prioritize fund money based on considerations, including:
(i) areas with rapidly expanding population;
(ii) the willingness of local governments to complete studies and impact statements
that meet department standards;
(iii) the preservation of corridors by the use of local planning and zoning processes;
(iv) the availability of other public and private matching funds for a project; and
(v) the cost-effectiveness of the preservation projects;
(c) designate high priority corridor preservation projects in cooperation with a
metropolitan planning organization;
(d) administer the program for the purposes provided in this section;
(e) prioritize fund money in accordance with this section; and
(f) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, establishing:
(i) the procedures for the awarding of fund money;
(ii) the procedures for the department to apply for transportation corridor preservation
money for projects; and
(iii) repayment conditions of the money to the fund from the specified project funds.
(7) (a) The proceeds from any bonds or other obligations secured by revenues of the
Marda Dillree Corridor Preservation Fund shall be used for:
(i) the acquisition of real property in hardship cases; and
(ii) any of the purposes authorized for funds in the Marda Dillree Corridor Preservation
Fund under this section.
(b) The commission shall pledge the necessary part of the revenues of the Marda
Dillree Corridor Preservation Fund to the payment of principal of and interest on the bonds or
other obligations.
(8) (a) The department may not apply for money under this section unless the highway
authority has an access management policy or ordinance in effect that meets the requirements
under Subsection (8)(b).
(b) The access management policy or ordinance shall:
(i) be for the purpose of balancing the need for reasonable access to land uses with the
need to preserve the smooth flow of traffic on the highway system in terms of safety, capacity,
and speed; and
(ii) include provisions:
(A) limiting the number of conflict points at driveway locations;
(B) separating conflict areas;
(C) reducing the interference of through traffic;
(D) spacing at-grade signalized intersections; and
(E) providing for adequate on-site circulation and storage.
(c) The department shall develop a model access management policy or ordinance that
meets the requirements of this Subsection (8) for the benefit of a county or municipality under
this section.
(9) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commission shall make rules establishing a corridor preservation advisory council.
(b) The corridor preservation advisory council shall:
(i) assist with and help coordinate the corridor preservation efforts of the department
and local governments;
(ii) provide recommendations and priorities concerning corridor preservation and the
use of fund money to the department and to the commission; and
(iii) include members designated by each metropolitan planning organization in the
state to represent local governments that are involved with corridor preservation through
official maps and planning.
Section 2. Section 
72-5-403
 is amended to read:
72-5-403.
Transportation corridor preservation powers.
(1) The department, counties, and municipalities may:
(a) act in cooperation with one another and other government entities to promote
planning for and enhance the preservation of transportation corridors and to more effectively
use the money available in the Marda Dillree Corridor Preservation Fund created in Section
72-2-117
;
(b) undertake transportation corridor planning, review, and preservation processes; and
(c) acquire fee simple rights and other rights of less than fee simple, including
easement and development rights, or the rights to limit development, including rights in
alternative transportation corridors, and to make these acquisitions up to a projected [
] 
years in advance of using those rights in actual transportation facility construction.
(2) In addition to the powers described under Subsection (1), counties and
municipalities may:
(a) limit development for transportation corridor preservation by land use regulation
and by official maps; and
(b) by ordinance prescribe procedures for approving limited development in
transportation corridors until the time transportation facility construction begins.
(3) (a) The department shall identify and the commission shall approve transportation
corridors as high priority transportation corridors for transportation corridor preservation.
(b) The department shall notify a county or municipality if the county or municipality
has land within its boundaries that is located within the boundaries of a high priority
transportation corridor.
(c) The department may, on a voluntary basis, acquire private property rights within the
boundaries of a high priority transportation corridor for which a notification has been received
in accordance with Section 
10-9a-206
 or 
17-27a-206
.