DAR File No. 29358

Transportation, Program Development

R926-6

Transportation Corridor Preservation Revolving Loan Fund

NOTICE OF PROPOSED RULE

DAR File No.: 29358
Filed: 12/20/2006, 01:20
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to implement changes recommended by legal counsel.

Summary of the rule or change:

The amendment makes the Director of the Right-of-Way Division the chairman of the committee and eliminates the listing of potential representatives, who will instead be chosen by the committee based on experience. The rule amendment also makes some wording and nonsubstantive changes.

State statutory or constitutional authorization for this rule:

Section 72-7-117

Anticipated cost or savings to:

the state budget:

No changes are being made that should affect the actual work of the council, so the costs should not change.

local governments:

There may be some costs to local governments if their representatives are chosen to be on the council, but that decision will be up to the local government and the costs cannot be known at this time.

other persons:

There should be no costs to others since the changes do not affect the public.

Compliance costs for affected persons:

There should be no costs to others since the changes do not affect the public.

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

There should be no costs to business since the changes do not affect the public. John R. 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
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5998

Direct questions regarding this rule to:

James Beadles at the above address, by phone at 801-965-4168, by FAX at 801-965-4796, or by Internet E-mail at jbeadles@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:

02/14/2007

This rule may become effective on:

02/21/2007

Authorized by:

John R. Njord, Executive Director

R926. Transportation, Program Development.

R926-6. Transportation Corridor Preservation Revolving Loan Fund.

R926-6-1. Purpose and Authority.

(1) [Subsection]Utah Code Ann. Section 72-2-117.7(c) and [Subsection] 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.

 

R926-6-3. Utah Transportation Preservation Advisory Council[ Committee].

(1) UDOT shall establish a council committee to provide recommendations and priorities concerning the use of fund monies to the commission. assist in prioritizing requests for funding. The council committee shall be chaired by the Director of Right-of-Way[UDOT Engineer for Transportation Planning]. Additional committee members shall be [Chief, UDOT Right of Way Division, ]two [c]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 [a ]representatives with relevant technical expertise or experience[ from each of the following:

(a) Bear River Association of Governments;

(b) Five County Association of Governments;

(c) Mountainland Association of Governments;

(d) Six-County Association of Governments;

(e) Southeastern Association of Governments;

(f) Uintah Basin Association of Governments; and

(g) Wasatch Front Regional Council].

 

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 [c]Council recommendations to the [c]Commission and request [commission ]approval for funding specific corridors;

(c) acquire real property or any interest in real property necessary for corridor preservation in corridors authorized by the [c]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 [c]Council for review and prioritization based upon [Section ]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 pennant factors and approve, adjust, or reject the recommended expenditures in accordance with Section 72-2-117(4a).

 

R926-6-7. Repayment Conditions.

The [c]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: [November 20, 2001]2007

Notice of Continuation: November 29, 2006

Authorizing, and Implemented or Interpreted Law: 72-2-117.7(c); 72-2-117.10(a)