Utah Admin. Code R940-10-3 - Reviewing Requests for State Participation in a TRZ

(1)

(a) If a public agency is seeking state participation in a TRZ, the public agency shall notify the department, in writing, at the earliest available opportunity and provide the information listed in Subsection (2).

(b) The requesting public agency is encouraged to work with the department in formulating and developing the necessary information.

(2) When making the notification described in Subsection (1)(a), the requesting public agency shall provide the following information:

(a) a written description of the project, along with any engineering or technical information that may have been prepared;

(b) a statement indicating whether the project has already been programmed into the Statewide Transportation Improvement Program (STIP) or Transportation Improvement Program (TIP) and, if not, whether it is in a long-range transportation plan and the phase of the long-range plan;

(d) a statement indicating whether any environmental or other federal clearances or permits will be necessary and, if so, the status of any federal applications;

(e) a draft TRZ agreement;

(f) a written description of additional ways not mentioned in the TRZ agreement the requesting public agency will use to bring about the proposed project;

(g) a written description of why the project is needed and the benefit that the project will bring to the state transportation system and the requesting public agencies, including tax revenue projections;

(h) a map identifying the boundaries of the TRZ and the affected property owners;

(i) a map showing the project area of the project under consideration;

(j) an economic impact analysis that includes estimates of the economic benefit and increased tax revenue that will likely occur if the project is completed;

(k) cost estimates and a proposed schedule for the various phases of the proposed project; and

(l) a statement describing any conflict of interest related to the project of which the requesting public agency is aware.

(3)

(a) Upon receiving a request for state participation in a TRZ, the department shall evaluate the request and all accompanying information to determine whether it complies with this rule, is complete, and is feasible.

(b) The department shall also calculate an independent cost estimate for the proposed project.

(c) The department will only notify the commission at a public meeting of a request for state participation in a TRZ if:

(i) the request complies with this rule, is complete, and is feasible;

(ii) environmental clearances are completed or highly probable; and

(iii)

(A) the project is a state highway or eligible transit project that is already programmed in the Statewide Transportation Improvement Program (STIP) or the Transportation Improvement Program (TIP);

(B) the project is a state highway or eligible transit project that is part of a long-range transportation plan and the department determines that advancing the project will not defer other projects that are already prioritized and programmed in the Statewide Transportation Improvement Program (STIP) or Transportation Improvement Program (TIP); or

(C) the project is on a local highway that is eligible for federal funding.

(4) The department shall review the proposal and make a recommendation to the commission at a public meeting, including whether the commission should approve state participation in the TRZ and the justification for the department's recommendation.

(5) At any time in this process, the department may contact a requesting public agency for additional information and may incorporate amendments suggested by the requesting public agency in its evaluation.

(6)

(a) The department shall notify a requesting public agency of the date, time, and location of the meeting at which the commission will hear the proposal.

(b) The department shall provide the requesting public agency with at least 30 days written notice.

Notes

Utah Admin. Code R940-10-3

Adopted by Utah State Bulletin Number 2023-23, effective 11/21/2023