LegalFix

Section 304 - Written project prioritization process for new transportation capacity projects -- Rulemaking.

UT Code § 72-1-304 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) (a) The Transportation Commission, in consultation with the department and the metropolitan planning organizations as defined in Section 72-1-208.5, shall develop a written prioritization process for the prioritization of: (i) new transportation capacity projects that are or will be part of the state highway system under Chapter 4, Part 1, State Highways; (ii) paved pedestrian or paved nonmotorized transportation projects that: (A) mitigate traffic congestion on the state highway system; and (B) are part of an active transportation plan approved by the department; (iii) public transit projects that add capacity to the public transit systems within the state; and (iv) pedestrian or nonmotorized transportation projects that provide connection to a public transit system. (b) (i) A local government or district may nominate a project for prioritization in accordance with the process established by the commission in rule. (ii) If a local government or district nominates a project for prioritization by the commission, the local government or district shall provide data and evidence to show that: (A) the project will advance the purposes and goals described in Section 72-1-211; (B) for a public transit project, the local government or district has an ongoing funding source for operations and maintenance of the proposed development; and (C) the local government or district will provide 40% of the costs for the project as required by Subsection 72-2-124(4)(a)(viii) or 72-2-124(9)(e).

(a) The Transportation Commission, in consultation with the department and the metropolitan planning organizations as defined in Section 72-1-208.5, shall develop a written prioritization process for the prioritization of: (i) new transportation capacity projects that are or will be part of the state highway system under Chapter 4, Part 1, State Highways; (ii) paved pedestrian or paved nonmotorized transportation projects that: (A) mitigate traffic congestion on the state highway system; and (B) are part of an active transportation plan approved by the department; (iii) public transit projects that add capacity to the public transit systems within the state; and (iv) pedestrian or nonmotorized transportation projects that provide connection to a public transit system.

(i) new transportation capacity projects that are or will be part of the state highway system under Chapter 4, Part 1, State Highways;

(ii) paved pedestrian or paved nonmotorized transportation projects that: (A) mitigate traffic congestion on the state highway system; and (B) are part of an active transportation plan approved by the department;

(A) mitigate traffic congestion on the state highway system; and

(B) are part of an active transportation plan approved by the department;

(iii) public transit projects that add capacity to the public transit systems within the state; and

(iv) pedestrian or nonmotorized transportation projects that provide connection to a public transit system.

(b) (i) A local government or district may nominate a project for prioritization in accordance with the process established by the commission in rule. (ii) If a local government or district nominates a project for prioritization by the commission, the local government or district shall provide data and evidence to show that: (A) the project will advance the purposes and goals described in Section 72-1-211; (B) for a public transit project, the local government or district has an ongoing funding source for operations and maintenance of the proposed development; and (C) the local government or district will provide 40% of the costs for the project as required by Subsection 72-2-124(4)(a)(viii) or 72-2-124(9)(e).

(i) A local government or district may nominate a project for prioritization in accordance with the process established by the commission in rule.

(ii) If a local government or district nominates a project for prioritization by the commission, the local government or district shall provide data and evidence to show that: (A) the project will advance the purposes and goals described in Section 72-1-211; (B) for a public transit project, the local government or district has an ongoing funding source for operations and maintenance of the proposed development; and (C) the local government or district will provide 40% of the costs for the project as required by Subsection 72-2-124(4)(a)(viii) or 72-2-124(9)(e).

(A) the project will advance the purposes and goals described in Section 72-1-211;

(B) for a public transit project, the local government or district has an ongoing funding source for operations and maintenance of the proposed development; and

(C) the local government or district will provide 40% of the costs for the project as required by Subsection 72-2-124(4)(a)(viii) or 72-2-124(9)(e).

(2) The following shall be included in the written prioritization process under Subsection (1): (a) a description of how the strategic initiatives of the department adopted under Section 72-1-211 are advanced by the written prioritization process; (b) a definition of the type of projects to which the written prioritization process applies; (c) specification of a weighted criteria system that is used to rank proposed projects and how it will be used to determine which projects will be prioritized; (d) specification of the data that is necessary to apply the weighted ranking criteria; and (e) any other provisions the commission considers appropriate, which may include consideration of: (i) regional and statewide economic development impacts, including improved local access to: (A) employment; (B) educational facilities; (C) recreation; (D) commerce; and (E) residential areas, including moderate income housing as demonstrated in the local government's or district's general plan pursuant to Section 10-9a-403 or 17-27a-403; (ii) the extent to which local land use plans relevant to a project support and accomplish the strategic initiatives adopted under Section 72-1-211; and (iii) any matching funds provided by a political subdivision or public transit district in addition to the 40% required by Subsections 72-2-124(4)(a)(viii) and 72-2-124(9)(e).

(a) a description of how the strategic initiatives of the department adopted under Section 72-1-211 are advanced by the written prioritization process;

(b) a definition of the type of projects to which the written prioritization process applies;

(c) specification of a weighted criteria system that is used to rank proposed projects and how it will be used to determine which projects will be prioritized;

(d) specification of the data that is necessary to apply the weighted ranking criteria; and

(e) any other provisions the commission considers appropriate, which may include consideration of: (i) regional and statewide economic development impacts, including improved local access to: (A) employment; (B) educational facilities; (C) recreation; (D) commerce; and (E) residential areas, including moderate income housing as demonstrated in the local government's or district's general plan pursuant to Section 10-9a-403 or 17-27a-403; (ii) the extent to which local land use plans relevant to a project support and accomplish the strategic initiatives adopted under Section 72-1-211; and (iii) any matching funds provided by a political subdivision or public transit district in addition to the 40% required by Subsections 72-2-124(4)(a)(viii) and 72-2-124(9)(e).

(i) regional and statewide economic development impacts, including improved local access to: (A) employment; (B) educational facilities; (C) recreation; (D) commerce; and (E) residential areas, including moderate income housing as demonstrated in the local government's or district's general plan pursuant to Section 10-9a-403 or 17-27a-403;

(A) employment;

(B) educational facilities;

(C) recreation;

(D) commerce; and

(E) residential areas, including moderate income housing as demonstrated in the local government's or district's general plan pursuant to Section 10-9a-403 or 17-27a-403;

(ii) the extent to which local land use plans relevant to a project support and accomplish the strategic initiatives adopted under Section 72-1-211; and

(iii) any matching funds provided by a political subdivision or public transit district in addition to the 40% required by Subsections 72-2-124(4)(a)(viii) and 72-2-124(9)(e).

(3) In developing the written prioritization process, the commission: (a) shall seek and consider public comment by holding public meetings at locations throughout the state; and (b) may not consider local matching dollars as provided under Section 72-2-123 unless the state provides an equal opportunity to raise local matching dollars for state highway improvements within each county.

(a) shall seek and consider public comment by holding public meetings at locations throughout the state; and

(b) may not consider local matching dollars as provided under Section 72-2-123 unless the state provides an equal opportunity to raise local matching dollars for state highway improvements within each county.

(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Transportation Commission, in consultation with the department, shall make rules establishing the written prioritization process under Subsection (1).

(5) The commission shall submit the proposed rules under this section to a committee or task force designated by the Legislative Management Committee for review prior to taking final action on the proposed rules or any proposed amendment to the rules described in Subsection (4).

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 304 - Written project prioritization process for new transportation capacity projects -- Rulemaking.