Utah Admin. Code R940-11-3 - Process for Submitting and Accepting Proposals-Department Recommendation-Notification

(1)

(a) If a local government is seeking to partner on, then the local government shall notify the department and the commission, in writing, at the earliest available opportunity and provide the information listed in Subsection (2).

(b) The local government is encouraged to work with the department in formulating and developing the necessary information.

(2)

(a) When making the notification described in Subsection (1)(a), the local government shall provide the following information:

(i) A written description of the state highway project, including a cost estimate and any engineering or technical information that may have been prepared.

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

(iii) A statement indicating whether any environmental or other federal clearances or permits will be necessary and, if so, the status of any federal applications.

(iv) A description of how the local government plans to partner with the department on the state highway project, including the source of any local matching funding.

(v) A written description of why the project is needed at this time and the benefit that the project will bring to the state highway system and the local government.

(b) If the proposal includes local matching dollars described in Subsection (4)(d), then the local government shall also provide an economic impact analysis that includes the estimated economic impact to the local government and the state and the projected tax revenue impact that will likely occur as a result of the project being completed.

(3) The department and commission may only accept a local government proposal if:

(a) environmental clearances are completed or highly probable;

(b) the proposal complies with this rule, is complete, and is feasible; and

(c)

(i) the project is already programmed in the Statewide Transportation Improvement Program (STIP) or the Transportation Improvement Program (TIP); or

(ii) the project is part of the long-range transportation plan and the commission 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).

(4)

(a) The commission may not consider local matching dollars unless the state provides an equal opportunity to raise local matching dollars for state highway projects within each county, as required by Subsection 72-1-304(3)(b).

(b) Local matching dollars cannot be funded by federal funds, except with:

(i) Federal transportation highway formula funds, normally programmed by local entities, including funds programmed by a Metropolitan Planning Organization; or

(ii) Federal discretionary funds with prior joint agreement by UDOT and the local government.

(c) Private sources or contributions may be considered part of local matching dollars if they pass through the local government.

(d) Local matching dollars may include new revenue a local government expects will be generated as a result of the construction of the state highway project.

(5) The department shall:

(a) notify the commission at a public meeting of any partnering requests that meet the requirements of Subsection (3);

(b) evaluate each proposal and accompanying information to verify whether the proposal complies with this rule, is complete, and is feasible;

(c) calculate an independent cost estimate for the project; and

(d) make a recommendation to the commission at a public meeting regarding each proposal that meets the requirements described in Subsection (3), including the reasons for recommending denial or approval of the proposal based on the criteria in this rule.

(8) At any time in this process, the department may contact the local government for additional information and may incorporate amendments requested by the local government into the local government's proposal.

(9) The department shall provide at least 30-days written notice to the local government of the date, time, and location of the commission meeting at which the commission will hear the request for partnering.

Notes

Utah Admin. Code R940-11-3

Adopted by Utah State Bulletin Number 2025-10, effective 5/12/2025