Transportation, Program Development

Rule R926-6

Transportation Corridor Preservation Revolving Loan Fund

Notice of Proposed Rule

(Amendment)

DAR File No.: 34451
Filed: 02/17/2011 09:18:39 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to make typographic corrections and to clarify that funds from the Transportation Corridor Preservation Revolving Loan Fund are not to be used for relocation assistance because there is no displacement in corridor preservation.

Summary of the rule or change:

The changes correct typographical errors and clarify that funds from the Transportation Corridor Preservation Revolving Loan Fund are not to be used for relocation assistance because there is no displacement in corridor preservation.

State statutory or constitutional authorization for this rule:

• Subsection 72-2-117(7)(c)
• Subsection 72-2-117(10)(a)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget as the changes only clarify the current practice that funds from the Transportation Corridor Preservation Revolving Loan Fund are not used for relocation assistance.

local governments:

There are no anticipated costs or savings to local government as the changes only clarify the current practice that funds from the Transportation Corridor Preservation Revolving Loan Fund are not used for relocation assistance.

small businesses:

There are no anticipated costs or savings to small businesses as the changes only clarify the current practice that funds from the Transportation Corridor Preservation Revolving Loan Fund are not used for relocation assistance.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses or local governments entities as the changes only clarify the current practice that funds from the Transportation Corridor Preservation Revolving Loan Fund are not used for relocation assistance.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons as the changes only clarify the current practice that funds from the Transportation Corridor Preservation Revolving Loan Fund are not used for relocation assistance.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no anticipated fiscal impacts on businesses as the changes only clarify the current practice that funds from the Transportation Corridor Preservation Revolving Loan Fund are not used for relocation assistance.

John Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Program Development
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Linda Barrow at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at lindabarrow@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/14/2011

This rule may become effective on:

04/21/2011

Authorized by:

John Njord, Executive Director

R926. Transportation, Program Development.

R926-6. Transportation Corridor Preservation Revolving Loan Fund.

R926-6-1. Purpose and Authority.

(1) Utah Code Ann. Section 72-2-117[.](7 )(c) and Utah Code Ann. Section 72-2-117[.](10 )(a) authorizes the Utah Transportation Commission to establish this rule. The purpose of this rule is to establish procedures for:

(a) the Utah Department of Transportation to apply for fund monies;

(b) the Utah Transportation Commission to award fund monies; and

(c) repayment conditions; and

(d) establishing a corridor preservation advisory council committee.

 

R926-6-2. Definitions.

(1) "Commission" means the Utah Transportation Commission.

(2) "UDOT" means the Utah Department of Transportation.

(3) "Council" means the Utah Transportation Corridor Preservation Advisory Committee Council.

(4) "Corridor" means a strip of land between two termini within which traffic, topography, environment and other characteristics are evaluated for transportation purposes.

(5) "Fund" means the Transportation Corridor Preservation Revolving Loan Fund.

 

R926-6-3. Utah Transportation Preservation Advisory Council.

(1) UDOT shall establish a council committee to provide recommendations and priorities concerning the use of fund monies to the commission[.]and assist in prioritizing requests for funding. The council committee shall be chaired by the Director of Right-of-Way. Additional committee members shall be two Commission members selected by the Chairman of the Commission, one designated member from each of the Metropolitan Planning Organizations in the State, any additional members appointed by the Commission or designated by the Council, and representatives with relevant technical expertise or experience.

 

R926-6-4. Council Responsibilities.

The council shall receive and review all requests for monies from the fund[;] and shall prioritize such requests based upon Subsections 72-2-117[.](7 )(a) and (b). Priority shall be given to cost-effective preservation projects which maximize cost savings for future transportation right of way acquisitions.

 

R926-6-5. UDOT Responsibilities.

(1) In addition to the specified statutory considerations, UDOT may also:

(a) review requests and determine if sufficient studies have been completed in a corridor to:

(i) identify environmentally sensitive areas;

(ii) determine feasible alignments;

(iii) determine cost-effectiveness of the project; and

(iv) allow for adequate public involvement.

(b) forward Council recommendations to the Commission and request approval for funding specific corridors;

(c) acquire real property or any interest in real property necessary for corridor preservation in corridors authorized by the Commission;

(d) manage monies of the fund; and

(e) administer repayment contracts with counties and municipalities.

 

R926-6-6. Procedure for the Awarding of Fund Monies.

Requests for monies shall be directed to the Council for review and prioritization based upon R926-6-4. The results of the evaluation of requests shall be forwarded to the Commission. The Commission shall review the recommendations of the Council as well as any other pe rtinent[nnant] factors and approve, adjust, or reject the recommended expenditures in accordance with Section 72-2-117(4 )(a). In no event shall fund monies be used or made available for relocation assistance.

 

R926-6-7. Repayment Conditions.

The Commission may determine a loan repayment schedule. All corridor preservation loans shall be paid back according to the approved loan repayment schedule or the earlier of[:] when the remainder of the right of way has been acquired,[;] or when the project has been advertised for construction. If the commission determines an alignment for a transportation project is not feasible and property for the alignment was purchased under this program, the property shall be disposed of in accordance with Section 72-5-111. All loan repayments together with rents, lease proceeds, profits, and monies resulting from the sale of excess properties shall be returned to the fund.

 

KEY: transportation, transportation corridor preservation revolving loan fund, transportation planning, right of way

Date of Enactment or Last Substantive Amendment: [February 22, 2007]2011

Notice of Continuation: November 29, 2006

Authorizing, and Implemented or Interpreted Law: 72-2-117[.](7)(c); 72-2-117[.](10)(a)