LEGISLATIVE GENERAL COUNSEL H.B. 65
6 Approved for Filing: K.P. Gasser 6 st
1 Sub. (Buff)
6 01-16-24 3:39 PM 6
Representative Rosemary T. Lesser proposes the following substitute bill:
1 ACTIVE TRANSPORTATION AND CANAL TRAIL AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Rosemary T. Lesser
5 Senate Sponsor: Wayne A. Harper
6
7 LONG TITLE
8 General Description:
9 This bill clarifies how the Department of Transportation addresses canal corridors in
10 transportation corridor preservation and project prioritization, and canal trails in active
11 transportation planning.
12 Highlighted Provisions:
13 This bill:
14 < requires a canal owner or operator to notify certain entities of the intent to abandon
15 or transfer title of a canal;
16 < requires the Department of Natural Resources to compile a list of certain canals and
17 provide that list to the Department of Transportation;
18 < requires the Department of Transportation to:
19 C develop a canal trail toolkit;
20 C inventory certain canals in the state; 1 stSub. H.B. 65
21 C consider creating a canal trail as part of the active transportation plan; and
22 C identify certain canal corridors for transportation corridor preservation;
23 < enables the Transportation Commission to consider water savings and improvement
24 of canal infrastructure when prioritizing a transportation project; and
25 < makes technical changes.
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26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 57-13a-101, as enacted by Laws of Utah 1997, Chapter 175
33 57-13a-104, as last amended by Laws of Utah 2023, Chapter 435
34 72-1-304, as last amended by Laws of Utah 2023, Chapters 22, 88 and 219
35 72-2-117.5, as last amended by Laws of Utah 2019, Chapter 479
36 72-5-403, as last amended by Laws of Utah 2023, Chapter 39
37 ENACTS:
38 72-1-218, Utah Code Annotated 1953
39 79-2-409, Utah Code Annotated 1953
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 57-13a-101 is amended to read:
43 57-13a-101. Definitions.
44 As used in this chapter:
45 (1) "Department of Transportation" means the Department of Transportation created in
46 Section 72-1-201.
47 (2) "Metropolitan planning organization" means the same as that term is defined in
48 Section 72-1-208.5.
49 (3) "Water conveyance" means a canal, ditch, pipeline, or other means of conveying
50 water.
51 [(2)] (4) "Water user" means a water user or the water user's predecessor whose water
52 being conveyed is represented by a water right recognized under state law or by shares in a
53 mutual irrigation company.
54 Section 2. Section 57-13a-104 is amended to read:
55 57-13a-104. Abandonment of prescriptive easement for water conveyance.
56 (1) A holder of a prescriptive easement for a water conveyance established under
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57 Section 57-13a-102 may, in accordance with this section, abandon all or part of the easement.
58 (2) (a) A holder of a prescriptive easement for a water conveyance established under
59 Section 57-13a-102 who seeks to abandon the easement or part of the easement shall, in each
60 county where the easement or part of the easement is located, file in the office of the county
61 recorder a notice of intent to abandon the prescriptive easement that describes the easement or
62 part of the easement to be abandoned.
63 (b) A county recorder who receives a notice of intent to abandon a prescriptive
64 easement shall:
65 (i) publish copies of the notice for the area generally served by the water conveyance
66 that utilizes the easement, as a class A notice under Section 63G-30-102, for at least 45 days;
67 and
68 (ii) mail a copy of the notice of intent to abandon the prescriptive easement to:
69 (A) each [municipal and] county government, municipal government, and, if
70 applicable, º each special district, special service district, and » metropolitan planning
70a organization where the easement or part of the easement is
71 located [.]; and
72 (B) the Department of Transportation.
73 (3) After meeting the requirements of Subsection (2)(a) and at least 45 days after the
74 last day on which the county recorder posts the notice of intent to abandon the prescriptive
75 easement in accordance with Subsection (2)(b), the holder of the prescriptive easement shall
76 file in the office of the county recorder for each county where the easement or part of the
77 easement is located a notice of abandonment that contains the same description required by
78 Subsection (2)(a).
79 (4) (a) Upon completion of the requirements described in Subsection (2):
80 (i) all interest to the easement or part of the easement abandoned by the holder of the
81 easement is extinguished; and
82 (ii) subject to each legal right that exists as described in Subsection (4)(b), the owner of
83 a servient estate whose land was encumbered by the easement or part of the easement
84 abandoned may reclaim the land area occupied by the former easement or part of the easement
85 and resume full utilization of the land without liability to the former holder of the easement.
86 (b) Abandonment of a prescriptive easement under this section does not affect a legal
87 right to have water delivered or discharged through the water conveyance and easement
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88 established by a person other than the holder of the easement who abandons an easement as
89 provided in this section.
90 (5) A county recorder may bill the holder of the prescriptive easement for the cost of
91 preparing, printing, and publishing the notice required under Subsection (2)(b).
92 Section 3. Section 72-1-218 is enacted to read:
93 72-1-218. Canal trails.
94 (1) As used in this section, "political subdivision" means a municipality, city, town,
95 county, º [or] » metro township º [as defined in Section 10-2a-403] , special
95a district, or special service district » .
96 (2) The department, in coordination with the Department of Agriculture and Food and
97 the Department of Natural Resources, shall:
98 (a) develop a toolkit for a political subdivision to develop and maintain a canal trail,
99 including:
100 (i) sample license agreements;
101 (ii) available resources that can assist the political subdivision in funding a canal trail;
102 and
103 (iii) best methods, modes, and practices in developing and maintaining a canal trail;
104 (b) make the toolkit described in Subsection (2)(a) publicly available on the
105 department's website;
106 (c) receive the list of canals described in Section 79-2-409 from the Department of
107 Natural Resources created in Section 79-2-201;
108 (d) identify each canal on the list described in Subsection (2)(c) that the department
109 considers to be a high priority corridor as described in Section 72-5-403; and
110 (e) create an inventory of each canal the department identifies as a high priority
111 corridor as described in Subsection (2)(d) that includes:
112 (i) the type of land ownership held by each owner of a canal or portion of a canal;
113 (ii) whether an easement exists pertaining to the canal and the type of easement;
114 (iii) feasibility and cost estimates to acquire rights for an active transportation trail;
115 (iv) whether the owner of a canal or owner of a portion of a canal is willing to allow
116 piping of the canal or allow construction of a trail on or along the canal; and
117 (v) the maximum operating flow rate of the canal.
118 (3) As the department develops the active transportation plan as required in Subsection
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119 72-2-124(11)(d)(ii), the department shall consider developing a canal trail along or on an
120 existing canal right-of-way.
121 Section 4. Section 72-1-304 is amended to read:
122 72-1-304. Written project prioritization process for new transportation capacity
123 projects -- Rulemaking.
124 (1) (a) The Transportation Commission, in consultation with the department and the
125 metropolitan planning organizations as defined in Section 72-1-208.5, shall develop a written
126 prioritization process for the prioritization of:
127 (i) new transportation capacity projects that are or will be part of the state highway
128 system under Chapter 4, Part 1, State Highways;
129 (ii) paved pedestrian or paved nonmotorized transportation projects described in
130 Section 72-2-124;
131 (iii) public transit projects that directly add capacity to the public transit systems within
132 the state, not including facilities ancillary to the public transit system; and
133 (iv) pedestrian or nonmotorized transportation projects that provide connection to a
134 public transit system.
135 (b) (i) A local government or district may nominate a project for prioritization in
136 accordance with the process established by the commission in rule.
137 (ii) If a local government or district nominates a project for prioritization by the
138 commission, the local government or district shall provide data and evidence to show that:
139 (A) the project will advance the purposes and goals described in Section 72-1-211;
140 (B) for a public transit project, the local government or district has an ongoing funding
141 source for operations and maintenance of the proposed development; and
142 (C) the local government or district will provide the percentage of the costs for the
143 project as required by Subsection 72-2-124(4)(a)(viii) or 72-2-124(9)(e).
144 (2) The following shall be included in the written prioritization process under
145 Subsection (1):
146 (a) a description of how the strategic initiatives of the department adopted under
147 Section 72-1-211 are advanced by the written prioritization process;
148 (b) a definition of the type of projects to which the written prioritization process
149 applies;
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150 (c) specification of a weighted criteria system that is used to rank proposed projects
151 and how it will be used to determine which projects will be prioritized;
152 (d) specification of the data that is necessary to apply the weighted ranking criteria; and
153 (e) any other provisions the commission considers appropriate, which may include
154 consideration of:
155 (i) regional and statewide economic development impacts, including improved local
156 access to:
157 (A) employment;
158 (B) educational facilities;
159 (C) recreation;
160 (D) commerce; and
161 (E) residential areas, including moderate income housing as demonstrated in the local
162 government's or district's general plan pursuant to Section 10-9a-403 or 17-27a-403;
163 (ii) the extent to which local land use plans relevant to a project support and
164 accomplish the strategic initiatives adopted under Section 72-1-211; and
165 (iii) any matching funds provided by a political subdivision or public transit district in
166 addition to the percentage of costs required by Subsections 72-2-124(4)(a)(viii) and
167 72-2-124(9)(e).
168 (3) (a) When prioritizing a public transit project that increases capacity, the
169 commission:
170 (i) may give priority consideration to projects that are part of a transit-oriented
171 development or transit-supportive development as defined in Section 17B-2a-802; and
172 (ii) shall give priority consideration to projects that are within the boundaries of a
173 housing and transit reinvestment zone created pursuant to Title 63N, Chapter 3, Part 6,
174 Housing and Transit Reinvestment Zone Act.
175 (b) When prioritizing a transportation project that increases capacity, the commission
176 may give priority consideration to projects that are:
177 (i) part of a transportation reinvestment zone created under Section 11-13-227 if:
178 (A) the state is a participant in the transportation reinvestment zone; or
179 (B) the commission finds that the transportation reinvestment zone provides a benefit
180 to the state transportation system; or
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181 (ii) within the boundaries of a housing and transit reinvestment zone created pursuant
182 to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act.
183 (c) If the department receives a notice of prioritization for a municipality as described
184 in Subsection 10-9a-408(5), or a notice of prioritization for a county as described in Subsection
185 17-27a-408(5), the commission may give priority consideration to transportation projects that
186 are within the boundaries of the municipality or the unincorporated areas of the county until the
187 department receives notification from the Housing and Community Development Division
188 within the Department of Workforce Services that the municipality or county no longer
189 qualifies for prioritization under this Subsection (3)(c).
190 (d) When prioritizing funding from the Active Transportation Investment Fund created
191 under Subsection 72-2-124(11):
192 (i) the department shall provide the commission with information on a project's
193 potential to save water or improve canal infrastructure; and
194 (ii) the commission may consider the information the department provides the
195 commission on a project's potential to save water or improve canal infrastructure.
196 (4) In developing the written prioritization process, the commission:
197 (a) shall seek and consider public comment by holding public meetings at locations
198 throughout the state; and
199 (b) may not consider local matching dollars as provided under Section 72-2-123 unless
200 the state provides an equal opportunity to raise local matching dollars for state highway
201 improvements within each county.
202 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
203 Transportation Commission, in consultation with the department, shall make rules establishing
204 the written prioritization process under Subsection (1).
205 (6) The commission shall submit the proposed rules under this section to a committee
206 or task force designated by the Legislative Management Committee for review prior to taking
207 final action on the proposed rules or any proposed amendment to the rules described in
208 Subsection (5).
209 Section 5. Section 72-2-117.5 is amended to read:
210 72-2-117.5. Definitions -- Local Highway and Transportation Corridor
211 Preservation Fund -- Disposition of fund money.
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212 (1) As used in this section:
213 (a) "Council of governments" means a decision-making body in each county composed
214 of membership including the county governing body and the mayors of each municipality in the
215 county.
216 (b) "Metropolitan planning organization" has the same meaning as defined in Section
217 72-1-208.5.
218 (2) There is created the Local Highway and Transportation Corridor Preservation Fund
219 within the Transportation Fund.
220 (3) The fund shall be funded from the following sources:
221 (a) a local option highway construction and transportation corridor preservation fee
222 imposed under Section 41-1a-1222;
223 (b) appropriations made to the fund by the Legislature;
224 (c) contributions from other public and private sources for deposit into the fund;
225 (d) all money collected from rents and sales of real property acquired with fund money;
226 (e) proceeds from general obligation bonds, revenue bonds, or other obligations issued
227 as authorized by Title 63B, Bonds; and
228 (f) sales and use tax revenues deposited into the fund in accordance with Title 59,
229 Chapter 12, Part 22, Local Option Sales and Use Taxes for Transportation Act.
230