from On the Move, Spring (March) Quarter 1999, Volume 12, Number 1
The Utah State Legislature has just completed their 1999 session by enacting legislation affecting
the following areas relating to transportation, natural resources, and technology (see the
legislature's website for more information [http://www.le.state.ut.us/~1999/]:
SB 66: Statewide Highway Criteria provides that highways transferred to local governments
between general sessions of the legislature must be agreed upon by the highway authorities
involved. Funding recommendations of each highway authority and a cost estimate from the
Office of the Legislative Fiscal Analyst must accompany the transfer and must be submitted to the
Transportation Interim Committee. The bill requires that if outdoor advertising is required to be
moved because of a reconstruction project on a highway that is a state highway as of July 1, 1999,
the owner of the outdoor advertising must be given the option to relocate to another nearby
location or to another mutually agreed upon location. The entity causing the relocation is
required to pay the cost of the relocation or pay just compensation.
SB 138: Design Build Options extends authority to enter design-build transportation project
contracts of at least $50 million to a county of the first or second class, a municipality of the first
class, a public transit district with more than 200,000 people, and a public airport authority.
HB 24: B and C Fund Distribution reinstates funding level for 9 rural counties.
SB 150: Utilities in Highway Rights-of-way requires the Department of Transportation and
utility companies to coordinate on utilities within state highway rights-of-way. The department
must notify affected utility companies when relocation of utilities is likely to be needed because of
a highway reconstruction project. The department is allowed to make rules and adopt a schedule
of fees for permits related to utility relocations on state highway rights-of-way. The Department
of Transportation is authorized to enter into agreements that allow telecommunication facility
providers longitudinal access to the right-of-way of a highway on the interstate system for
telecommunications facilities. The department is required to charge compensation for the
longitudinal access according to specified requirements for the compensation. Beginning October
1, 1999 the department is required to make rules to establish a schedule of compensation rates.
The department is prohibited from paying any cost of relocation of a telecommunication facility
granted longitudinal access on a highway on the interstate system. The Utilities in Highway
Rights-of-Way Task Force is created; the task force must recommend a schedule of rates of
compensation for longitudinal access on a right-of-way on the interstate system before September
1, 1999. The task force must also study relocation of utilities in highway rights-of-way and
present a final report on that issue before November 30, 1999.
HB 334: Mapping and Documentation of R.S. 2477 Rights-of-Way and Other Structures
creates a committee within the Automated Geographic Reference Center to award grants to
counties to inventory and map R.S. 2477 rights-of-way using global positioning system
technology and to photograph roads, evidence of valid and existing rights, and other structures on
federal lands. An appropriation of $450,000 from the General Fund is provided for the grants.
SB 188: Digital State requires state entities to allow certain services to be transacted on the
Internet by July 1, 2002; modifies the Chief Information Officer's duties; and creates the Rural
Telecommunications Task Force to review how the state may use certain monies, rights-of-way,
and access to the Universal Service Fund to promote the development of a rural digital network.
New B and C Fund regulations are being drafted to reflect legislative changes regarding
distribution provisions for rural counties. These will be distributed at annual UDOT city/county
meetings scheduled between March 22 and May 5, 1999 and at Road School, April 21-23, 1999.
In September, 1998, the Joint Highway Committee endorsed the TEA-21 provision allowing
Federal Bridge Replacement Program funds to be used for bridge rehabilitation on bridges with
sufficiency ratings 70 or less. Approximately $3.1 million is available each year for use at the
local level.
At the Federal level, Highway Trust Fund revenue projections indicate there may be as much as $1.4 billion additional funds available. A variety of coalitions are being formed to develop proposals on how these additional funds should be allocated. Among these coalitions are APWA, NACO and NACE.