DAR File No. 44104

Transportation Commission, Administration

Rule R940-6

Prioritization of New Transportation Capacity Projects

Notice of Proposed Rule

(Repeal and Reenact)

DAR File No.: 44104
Filed: 09/25/2019 04:16:57 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Legislature passed S.B. 72 in the 2019 General Session to amend provisions of the Utah Code related to transportation including transportation reinvestment zones, public transit districts, local option sales and use taxes, transportation governance, and a road usage charge program. The existing Rule R940-6 applies to road transportation projects, the 2019 amendments add prioritization of transit projects and other things to the Transportation Commission's (Commission) responsibilities.

Summary of the rule or change:

Section 72-1-304 as amended by S.B. 72 (2019) mandates that the Commission maintain an administrative rule that develops a written prioritization process that prioritizes: a) new transportation capacity projects, b) paved pedestrian or paved nonmotorized transportation projects that mitigate traffic congestion on the state highway system and are part of an active transportation plan approved by the department, c) public transit projects that add capacity to the public transit systems within the state, and d) pedestrian or nonmotorized transportation projects that provide connection to a public transit system. This replacement to Rule R940-6 satisfies this mandate.

Statutory or constitutional authorization for this rule:

• Subsection 72-1-304(4)

Anticipated cost or savings to:

the state budget:

This proposed replacement rule may lead to a fiscal impact on the state's budget. The fiscal impact may be positive or negative. The Commission will not be able to determine with certainty what the fiscal impact will be until it has been following the new procedures for several years.

local governments:

This proposed replacement of Rule R940-6 is not likely to lead to fiscal impact to the budgets of local governments. It provides a process through which local governments and districts may nominate a project for prioritization in accordance with the process set forth in the rule. This nomination process may should lead to efficient and effective transportation and transit systems that benefit commerce and the general populations of local governments and districts. However, such impacts will be extremely difficult to calculate and will only be realized over time.

small businesses:

This proposed replacement of Rule R940-6 may lead to a fiscal impact on businesses and individuals in Utah, which may be a net savings. This replacement rule has the Commission prioritize transit and transit related projects in addition to road transportation projects. The prioritization process is to be conducted in a public forum where businesses and individuals are able to provide input about the road and transit projects being prioritized. This public process should lead to efficient and effective transportation and transit systems that benefit commerce and the general population of the state. However, such impacts will be extremely difficult to calculate and will only be realized over time.

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

This proposed replacement of Rule R940-6 may lead to a fiscal impact on persons other than small businesses, businesses, or local government entities in Utah, which impact may be a net savings. This replacement rule has the Commission prioritize transit and transit related projects in addition to road transportation projects. The prioritization process is to be conducted in a public forum where businesses and individuals are able to provide input about the road and transit projects being prioritized. This public process should lead to efficient and effective transportation and transit systems that benefit commerce and the general population of the state. However, such impacts will be extremely difficult to calculate and will only be realized over time.

Compliance costs for affected persons:

There should not be any compliance costs for affected persons. This proposed replacement rule does not require anything from any private person or entity.

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

This proposed replacement rule will not have an immediately measurable fiscal impact on businesses.

Carlos Braceras, Executive Director

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

Transportation Commission
Administration
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119

Direct questions regarding this rule to:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov
• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov
• Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at lhull@utah.gov
• Lori Edwards at the above address, by phone at 801-965-4048, by FAX at , or by Internet E-mail at loriedwards@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:

11/14/2019

This rule may become effective on:

11/21/2019

Authorized by:

Carlos Braceras, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

1) This filing repeals and reenacts the existing Rule R940-6. It establishes procedures the Transportation Commission (Commission) will follow to satisfy the requirements of Section 72-1-304 as amended by S.B. 72 passed in the 2019 General Session of the Legislature to prioritize new transportation capacity projects.

 

2) The Legislature passed S.B. 72 (2019) to amend provisions of the Utah Code related to transportation including transportation reinvestment zones, public transit districts, local option sales and use taxes, transportation governance, and a road usage charge program. The existing Rule R940-6 applies to road transportation projects, the 2019 amendments add prioritization of transit projects and other things to the Commission's responsibilities.

 

3) Section 72-1-304 as amended by S.B. 72 (2019) mandates the Commission maintain an administrative rule that develops a written prioritization process that prioritizes:

a) New transportation capacity projects,

b) paved pedestrian or paved nonmotorized transportation projects that mitigate traffic congestion on the state highway system and are part of an active transportation plan approved by the department,

c) public transit projects that add capacity to the public transit systems within the state, and

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

This replacement to Rule R940-6 does those things.

 

4) This proposed reenactment of Rule R940-6 may lead to a fiscal impact on businesses and individuals in Utah, which may be a net savings. This reenacted rule has the Commission prioritize transit and transit-related projects in addition to road transportation projects. The prioritization process is to be conducted in a public forum where businesses and individuals are able to provide input about the road and transit projects being prioritized. This public process should lead to efficient and effective transportation and transit systems that benefit commerce and the general population of the state. However, such impacts will be extremely difficult to calculate and will only be realized over time.

 

5) The executive director of the Department has reviewed and approves this analysis.

 

 

R940. Transportation, Administration.

R940-6. Prioritization of New Transportation Capacity Projects.

[R940-6-1. Definitions.

(1) "ADT" means average daily traffic, which is the volume of traffic on a road, annualized to a daily average.

(2) "Capacity" means the maximum hourly rate at which vehicles reasonably can be expected to traverse a point or a uniform section of a lane or roadway during a given time period under prevailing roadway, traffic, and control conditions.

(3) "Commission" means the Transportation Commission, which is created in Section 72-1-301.

(4) "Economic Development" may include such things as employment growth, employment retention, retail sales, tourism growth, freight movements, tax base increase, and traveler or user cost savings in relation to construction costs.

(5) "Functional Classification" means the description of the road as one of the following:

(a) Rural Interstate;

(b) Rural Other Principal Arterial;

(c) Rural Minor Arterial;

(d) Rural Major Collector;

(e) Urban Interstate;

(f) Urban Other Freeway and Expressway;

(g) Urban Other Principal Arterial;

(h) Urban Minor Arterial; or

(i) Urban Collector.

(6) "Major New Capacity Project" means a transportation project that costs more than $5,000,000 and accomplishes any of the following:

(a) Add new roads and interchanges;

(b) Add new lanes; or

(c) Modify existing interchange(s) for capacity or economic development purpose.

(7) "Mobility" means the movement of people and goods.

(8) "MPO" as used in this section means metropolitan planning organization as defined in Section 72-1-208.5.

(9) "Safety" means an analysis of the current safety conditions of a transportation facility. It includes an analysis of crash rates and crash severity.

(10) "Strategic Goals" means the Utah Department of Transportation strategic goals.

(11) "Strategic Initiatives" means the implementation strategies the department will use to achieve the strategic goals.

(12) "Transportation Efficiency" is the roadway attributes such as ADT, truck ADT, volume to capacity ratio, roadway functional classification, and transportation growth.

(13) "Transportation Growth" means the projected percentage of average annual increase in ADT.

(14) "Truck ADT" means the ADT of truck traffic on a road, annualized to a daily average.

(15) "Volume to Capacity Ratio" means the ratio of hourly volume of traffic to capacity for a transportation facility (measure of congestion).

 

R940-6-2. Authority and Purpose.

Section 72-1-304, as enacted by Senate Bill 25, 2005 General Session, directs the commission, in consultation with the department and the metropolitan planning organizations in the state, to make rules that establish a prioritization process for new transportation projects that meet the department's strategic goals. This rule fulfills that directive.

 

R940-6-3. Application of Strategic Initiatives to Projects.

The department will use the strategic goals to guide the process:

(1) The department will first seek to preserve current infrastructure and to optimize the mobility provided by the existing highway infrastructure before applying funds to increase mobility by adding new lanes.

(2) The department will address means to improve the mobility provided by the existing system through technology like intelligent transportation systems, access management, transportation demand management, and others.

(3) The department will assess safety through projects addressed in paragraph (1) and (2) above. The department will also target specific highway locations for safety improvements.

(4) Adding new capacity projects will be recommended after considering items in paragraph (1), (2) and (3).

(5) All recommendations will be forwarded to the Transportation Commission for its review/action.

 

R940-6-4. Prioritization of Major New Capacity Projects List.

(1) Major new capacity projects will be compiled from the State of Utah Long Range Transportation Plan.

(2) The list will be first prioritized based upon transportation efficiency factors, and safety factors. Each criterion of these factors will be given a specific weight.

(3) The major new capacity projects will be ranked from highest to lowest with priority being assigned to the projects with highest overall rankings.

(4) The commission will further evaluate the projects with highest rankings considering contributing components that include other factors such as economic development.

(5) For each major new capacity project, the department will provide a description of how completing that project will fulfill the department's strategic goals.

(6) In the final selection process, the commission may consider other factors not listed above. Its decision will be made in a public meeting forum.

 

R940-6-5. Commission Discretion.

The commission, in consultation with the department and with MPOs, may establish additional criteria or use other considerations in prioritizing major new capacity projects. If the commission prioritizes a project over another project that has a higher rank under the criteria set forth in R940-6-4, the commission shall identify the change and the reasons for it, and accept public comment at one of the public hearings held pursuant to R940-6-7.

 

R940-6-6. Need for Local Government Participation for Interchanges.

New interchanges for economic development purposes on existing roads will not be included on the major new capacity project list unless the local government with geographical jurisdiction over the interchange location contributes at least 50% of the cost of the interchange from private, local, or other non-UDOT, funds.

 

R940-6-7. Public Hearings.

Before deciding the final prioritization list and funding levels, the commission shall hold public hearings at locations around the state to accept public comments on the prioritization process and on the merits of the projects.]

R940-6-1. Authority and Purpose.

(1) Authority. The Commission makes this administrative rule pursuant to authority delegated by Utah Code Section 72-1-304(4).

(2) Purpose. This administrative rule is to provide a procedure the Commission will follow to satisfy the requirements of Utah Code Section 72-1-304.

 

R940-6-2. Definitions.

(1) "Commission" means the Utah Transportation Commission created by Utah Code Subsection 72-1-301(1).

(2) "Department" means the Utah Department of Transportation created by Utah Code Subsection 72-1-201(1).

(3) "Department Approved Active Transportation Plan" means an active transportation plan that the Department has reviewed and approved.

(4) "Fixed Guideway Public Transit" means a public transit facility that uses or occupies rail for the use of public transit or a separate right-of-way for the use of public transit such as bus rapid transit systems.

(5) "Fund Allocation Percentage" means the percentage of funding for a TIF Active Transportation project, TTIF First & Last Mile project, or TTIF Transit project coming from TIF or TTIF funds.

(6) "Fund Request Amount" means the funding amount requested by a local government or district from either TIF or TTIF for a TIF Active Transportation project, TTIF First & Last Mile project, or TTIF Transit project.

(7) "In-kind match" means non-cash matches including services (labor), right-of-way, construction materials, or labor/equipment time valued at fair market value.

(8) "Match" means the 40% matching funds required by and detailed in Utah Code Subsections 72-2-124(4)(a)(viii) and 72-2-124(9)(e).

(9) "Long-Range Transportation Plan" or "LRP" means any one of the five plans developed by the Department and the state's four MPOs that forecast the state's transportation needs for the next 20- plus years, also known as the Regional Transportation Plans or RTPs.

(10) "Metropolitan planning organization" or "MPO" means the same as it is defined by Utah Code Subsection 72-1-208.5(1).

(11) "Required Match Percentage" means the match percentage (40%) required for TIF Active Transportation projects, TTIF First & Last Mile projects, and TTIF Transit projects.

(12) "Statewide strategic initiative" or "SSI" means initiatives the Department is required to develop and adopt by Utah Code Section 72-1-211.

(13) "Strategic Goals" means the Utah Department of Transportation's strategic goals.

(14) "TIF Active Transportation Projects" means paved pedestrian or paved nonmotorized transportation projects per Utah Code Section 72-2-124

(15) "TIF Highway Projects" means projects on state highways per Utah Code Section 72-2-124.

(16) "Transportation Investment Fund" or "TIF" means the capital projects fund created in 2005 by Utah Code Subsection 72-2-124(1).

(17) "Transit Transportation Investment Fund" or "TTIF" means the fund within the Transportation Investment Fund of 2005 created by Utah Code Section 72-2-124(9).

(18) "TTIF First & Last Mile Projects" means pedestrian or nonmotorized transportation projects that provides connection to a public transit system per Utah Code Section 72-2-124.

(19) "TTIF Transit Projects" means public transit capital development projects per Utah Code Subsection 72-2-124.

(20) "UDOT Planning" or "Planning" means the Planning Division of the Program Development Group of the Utah Department of Transportation.

 

R940-6-3. Prioritization Requirements.

The Commission, in consultation with the Department and the MPOs, will develop a written prioritization process to determine priorities and funding levels of projects in the state transportation systems and capital development of new public transit facilities for each fiscal year, taking into consideration the Department's strategic initiatives in Section 72-1-211 and the Department's Strategic Goals.

 

R940-6-4. Prioritization Process.

(1) The Commission's written prioritization process, developed pursuant to the requirements of Utah Code Section 72-1-304 and called "New Transportation Capacity Project Prioritization Process" having been reviewed and its implementation voted on in a properly noticed public meeting, is incorporated by reference and may be accessed at this Internet address: udot.utah.gov/go/projectprioritizationprocess.

(2) The Commission will review the written prioritization process annually.

(a) The Commission will call for and hear public input on the prioritization process during the review of the process.

(b) The Commission will provide notice of proposed amendments to the prioritization process in a public meeting, and amend the prioritization process following the public meeting, and after allowing public comments. Amendments to the prioritization process will not affect projects that have already been funded.

(c) If a TIF Highway Project is identified in Phase 1 of the LRP and the total project cost estimate is more than $5,000,000 it will be included in the annual prioritization of projects.

(d) The Commission may consider additional projects for prioritization beyond those identified in Phase I of the LRP if during the development of the LRP they were determined to be a Phase I need.

 

R940-6-5. Requirements and Process for Project Nomination by Local Government or District.

(1) Local governments or districts may nominate projects for prioritization.

(2) The nomination process is as follows:

(a) TIF Highway Projects.

(i) A local government or district may submit to the Commission a written nomination for a project to be included in the prioritization process. Nominations must identify the project sponsor's name, address, phone number, and email address and include a detailed description of the nominated project including why the project is important to the local government or district.

(ii) The Commission will determine if the nominated projects will be included in the annual prioritization of projects. The factors used in this determination may include, but are not limited to the following:

(A) If, during the development of the LRP, the Project was determined to be a Phase I need.

(B) If there are any proposed additional funding sources.

(C) The Commission will prioritize projects annually.

(b) TIF Active Transportation Projects.

(i) A local government or district may nominate a project to the Transportation Commission in a format determined by the Commission. Nominations must identify the project sponsor's name, address, phone number, and email address and include a detailed description of the nominated project. The nomination must also demonstrate the following requirements:

(A) That the project is in a Department Approved Active Transportation Plan; and

(B) that the project will mitigate traffic congestion on the state highway system; and

(C) that the local government or district will be responsible for the maintenance of the facility; and

(D) how the 40% match requirement will be met.

(I) The match may be an in-kind match; and

(II) The required match amount will be calculated as follows:

The Fund Request Amount divided by the Fund Allocation Percentage multiplied by the Required Match Percentage.

For example:

For a Fund Request Amount of $600,000 a Fund Allocation Percentage of 60 % and a Required Match Percentage of 40 % the required match amount would be $400,000. ($600,000 divided by 0.6) times 0.4 equals $400,000.

(III) If a nominated project meets the requirements it will be included in the annual prioritization of projects.

(IV) The Commission may request additional information from the project sponsor.

(V) The Commission will prioritize projects annually.

(c) TTIF Transit Projects.

(i) A local government or district may nominate a project to the Transportation Commission in a format determined by the Commission. Nominations must identify the project sponsor's name, address, phone number, and email address and include a detailed description of the nominated project. The nomination must also demonstrate the following requirements:

(A) That there is an ongoing funding plan for maintenance and operations. If the project sponsor is a local government this will require consultation with the transit operator to determine if the plan is consistent with the transit operator's maintenance and operations planning.

(B) How the 40 % match requirement will be met.

(I) The match may be an in-kind match; and

(II) The required match amount will be calculated as follows:

The Fund Request Amount divided by the Fund Allocation Percentage multiplied by the Required Match Percentage.

For example:

For a Fund Request Amount of $600,000 a Fund Allocation Percentage of 60 % and a Required Match Percentage of 40 % the required match amount would be $400,000. ($600,000 divided by 0.6) times 0.4 equals $400,000.

(C) If the nominated project would provide new fixed guideway public transit service, the project is identified in Phase 1 of the LRP or, during the development of the LRP, the Project was determined to be a Phase 1 need.

(I) If a nominated project meets the requirements it will be included in the annual prioritization of projects.

(II) The Commission may request additional information from the project sponsor. (iv) The Commission will prioritize projects annually.

(d) TTIF First & Last Mile Projects.

(i) A local government or district may nominate a project to the Transportation Commission in a format determined by the Commission. Nominations must identify the project sponsor's name, address, phone number, and email address and include a detailed description of the nominated project. The nomination must also demonstrate the following requirements:

(A) That the local government or district will be responsible for the maintenance of the facility; and

(I) how the 40 % match requirement will be met.

(II) The match may be an in-kind match; and

(III) The required match amount will be calculated as follows:

The Fund Request Amount divided by the Fund Allocation Percentage multiplied by the Required Match Percentage.

For example: For a Fund Request Amount of $600,000 a Fund Allocation Percentage of 60 % and a Required Match Percentage of 40 % the required match amount would be $400,000. ($600,000 divided by 0.6) times 0.4 equals $400,000.

(B) That the project will connect and improve access to transit.

(I) If a nominated project meets the requirements it will be included in the annual prioritization of projects.

(II) The Commission may request additional information from the project sponsor.

(III) The Commission will prioritize projects annually.

 

R940-6-6. Commission Discretion.

The Commission, in consultation with the Department, may establish additional criteria or use other considerations in establishing funding levels for capacity projects. If the Commission funds a project over another project that has a higher prioritization rank under the criteria set forth in R940-6-4, the Commission will identify the change and the reasons for it and accept public comment at a public meeting.

 

KEY: transportation commission, [transportation, ]roads, transit capacity

Date of Enactment or Last Substantive Amendment: [July 9, 2012]2019

Notice of Continuation: November 3, 2015

Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-304