Utah Admin. Code R44 — Transportation Commission

R940 Administration

R940-1 Establishment of Toll Rates

Utah Admin. Code R940-1-1 Purpose and Authority

(1) The purpose of this rule is to establish procedures for the setting of toll rates.

(2) This rule is authorized by Section 72-6-118.

History

• KEY: transportation, tolls, high-occupancy toll lanes, tollways
• Date of Last Change: March 16, 2026
• Notice of Continuation: March 21, 2026
• Authorizing, and Implemented or Interpreted Law: 72-2-120; 72-6-118

Utah Admin. Code R940-1-2 Definitions

As used in this rule:

(1) "Commission" means the Transportation Commission, which is created in Section 72-1-301.

(2) "Department" means the Utah Department of Transportation, which is created in Section 72-1-101.

(3) "Toll" means the toll or user fees that the operator of a motor vehicle must pay for the privilege of driving on a tollway, including the toll or user fees that the operator of a single-occupant motor vehicle must pay for the privilege of driving on a high-occupancy toll lane.

(4) "Tollway" has the meaning described in Section 72-6-118.

(5) "Tollway development agreement" has the meaning described in Section 72-6-202.

History

• KEY: transportation, tolls, high-occupancy toll lanes, tollways
• Date of Last Change: March 16, 2026
• Notice of Continuation: March 21, 2026
• Authorizing, and Implemented or Interpreted Law: 72-2-120; 72-6-118

Utah Admin. Code R940-1-3 Setting Toll Rates

(1) The commission shall be responsible for setting toll rates on state highways as specified in this rule.

(2)(a) Toll rates for facilities included in a tollway development agreement shall be set in accordance with the terms and conditions of the tollway development agreement.

(b) Terms and conditions relating to toll rates are required to be presented to the commission in connection with the award of the tollway development agreement, and any modifications to such terms and conditions will be considered a substantial modification or amendment requiring commission approval under of this rule.

(3) The commission may increase the toll rates for a facility subject to a tollway development agreement above the amount allowed under the tollway development agreement.

History

• KEY: transportation, tolls, high-occupancy toll lanes, tollways
• Date of Last Change: March 16, 2026
• Notice of Continuation: March 21, 2026
• Authorizing, and Implemented or Interpreted Law: 72-2-120; 72-6-118

Utah Admin. Code R940-1-4 Toll Rates

(1)(a) The commission will set tolls at a rate designed to keep traffic freely flowing in each payment zone.

(b) The department will calculate the optimal toll rate for each payment zone and create a schedule of optimal toll rates.

(2)(a) The department will submit a methodology for determining the optimal toll rates to the commission for approval.

(b) The department will review the schedule of optimal toll rates as often as necessary to maintain the optimal traffic flow in each payment zone, but at least every 6 months.

(c) The department will post the toll rates methodology on its website.

(d) The toll rate in effect shall be posted on variable message signs at each payment zone.

(3) The maximum toll rate is $4 per payment zone.

(4) Toll rates for roads that are subject to a tollway development agreement shall be set in the tollway development agreement.

History

• KEY: transportation, tolls, high-occupancy toll lanes, tollways
• Date of Last Change: March 16, 2026
• Notice of Continuation: March 21, 2026
• Authorizing, and Implemented or Interpreted Law: 72-2-120; 72-6-118

R940-2 Approval of Tollway Development Agreements

Utah Admin. Code R940-2-1 Authority

(1) The provisions of this rule are authorized by the following grants of rulemaking authority and provions of Utah Codes: Title 63G, Chapter 3; Title 63G, Chapter 6; Title 72, Chapter 2, Section 120; Title 72, Chapter 6, Section 118; and the Public-Private Partnerships for Tollways Act, Utah Code Sections 72-6-201 et seq.

History

• KEY: agreements, tollway development, tollways
• Date of Last Change: October 16, 2008
• Notice of Continuation: September 22, 2023
• Authorizing, and Implemented or Interpreted Law: 63G-3; 63G-6; 72-2-120; 72-6-118; 72-6-201 et seq.

Utah Admin. Code R940-2-2 Definitions

(1) “Commission” means the Transportation Commission, which is created in Utah Code Ann. Section 72-1-301;

(2) “Department” means the Utah Department of Transportation, which is created in Utah Code Ann. Section 72-1- 101;

(3) “Executive Director” means the Executive Director of the Utah Department of Transportation;

(4) “Tollway Development Agreement” has the meaning described in Utah Code Ann. Section 72-6-202.

History

• KEY: agreements, tollway development, tollways
• Date of Last Change: October 16, 2008
• Notice of Continuation: September 22, 2023
• Authorizing, and Implemented or Interpreted Law: 63G-3; 63G-6; 72-2-120; 72-6-118; 72-6-201 et seq.

Utah Admin. Code R940-2-3 Proposals for Tollway Development Agreements

(1) The Department shall report to the Commission regarding any unsolicited proposals received and any solicitations issued for tollway development agreements, and shall provide regular status updates to the Commission regarding any such matters.

(2) The Department shall have authority to act on its own behalf and on behalf of the Commission in using solicitation and procurement documents for tollway development agreements and in reviewing and evaluating submissions received from proposers.

History

• KEY: agreements, tollway development, tollways
• Date of Last Change: October 16, 2008
• Notice of Continuation: September 22, 2023
• Authorizing, and Implemented or Interpreted Law: 63G-3; 63G-6; 72-2-120; 72-6-118; 72-6-201 et seq.

Utah Admin. Code R940-2-4 Award of Tollway Development Agreements

(1) Following receipt of a recommendation from the Director for award of a tollway development agreement accompanied by the information regarding the proposed agreement required under Utah Code Ann. Section 72-6-206, the Commission shall take one of the following actions:

(a) Award the tollway development agreement in accordance with the Director’s recommendation;

(b) Reject the Director’s recommendation and request that the Department take specified action; or

(c) Reject the Department’s recommendation and direct the Department to terminate the procurement.

History

• KEY: agreements, tollway development, tollways
• Date of Last Change: October 16, 2008
• Notice of Continuation: September 22, 2023
• Authorizing, and Implemented or Interpreted Law: 63G-3; 63G-6; 72-2-120; 72-6-118; 72-6-201 et seq.

Utah Admin. Code R940-2-5 Amendments to Tollway Development Agreements

(1) Following receipt of a request from the Department for approval of any substantial modification or amendment to a tollway development agreement, accompanied by information regarding the modification and specifically identifying any changes in the information required to be provided to the Commission in connection with award of the agreement under Utah Code Ann. Section 72-6-206, the Commission shall determine whether to approve the modification or amend.

History

• KEY: agreements, tollway development, tollways
• Date of Last Change: October 16, 2008
• Notice of Continuation: September 22, 2023
• Authorizing, and Implemented or Interpreted Law: 63G-3; 63G-6; 72-2-120; 72-6-118; 72-6-201 et seq.

R940-3 State Infrastructure Bank Fund

Utah Admin. Code R940-3-1 Authority and Purpose

(1) Authority to make this rule is by Sections 72-2-202 and 72-2-203.

(2) The purpose of this rule is to establish procedures, standards, and a prioritization process the commission will follow to approve infrastructure loans and infrastructure assistance through the State Infrastructure Bank Fund created by Subsection 72-2-202(1).

History

• KEY: State Infrastructure Bank Fund, SIB loan, SIB assistance, SIB
• Date of Last Change: October 24, 2023
• Notice of Continuation: September 5, 2023
• Authorizing, and Implemented or Interpreted Law: 72-2-203

Utah Admin. Code R940-3-2 Definitions

(1) The definitions in Section 72-2-201 apply to this rule.

(2) In addition:

(a) "Commission" means the Transportation Commission created by Section 72-1-301.

(b) "Department" means the Department of Transportation created by Section 72-1-201.

(c) "Greenfield" means the same as that term is defined in Section 17C-1-102.

(d) "Project" includes a transportation project or a publicly owned infrastructure project.

(e) "SIB" means the State Infrastructure Bank Fund.

History

• KEY: State Infrastructure Bank Fund, SIB loan, SIB assistance, SIB
• Date of Last Change: October 24, 2023
• Notice of Continuation: September 5, 2023
• Authorizing, and Implemented or Interpreted Law: 72-2-203

Utah Admin. Code R940-3-3 Procedures and Standards for an Infrastructure Loan or Assistance from the SIB

(1) Procedures.

(a) Under Title 72, Chapter 2, Part 2, State Infrastructure Bank Fund, and this rule, a public entity is eligible to apply for and receive an infrastructure loan or assistance through the SIB.

(b) A public entity must request an infrastructure loan or infrastructure assistance using an application form provided by the department.

(c) The public entity must complete and submit the application according to the application instructions.

(d) The public entity must state clearly if it is applying for an infrastructure loan or infrastructure assistance.

(e) If applicable, the public entity must state if it is applying for an infrastructure loan or infrastructure assistance in a greenfield area.

(f) The application form with instructions is available on the department's website at udot.utah.gov/go/SIB.

(2) Standards.

(a) A loan from the SIB fund must bear interest at or above the market interest rate available to the state.

(b) The commission will determine the interest rate for an infrastructure loan by adding 0.5% to the rate for AAA Municipal General Obligation Bonds obtained from the state treasurer as of the date of the completed application.

(c) The public entity must begin repaying the infrastructure loan no later than the completion date of the project or the date the public entity opens the facility to traffic in the case of a highway project. Interest will accrue during the period between loan closing and the agreed-upon estimated project completion date and will be capitalized and added to the loan's principal balance.

(d) The repayment period for an infrastructure loan may not exceed the term identified in Title 72, Chapter 2, Part 2, State Infrastructure Bank Fund.

(e) Loan documents must state the execution date and repayment deadline date for the loan.

(f) The public entity may pledge any of a revenue source controlled by the public entity to repay the loan.

(g) The public entity must repay loans in monthly, quarterly, or yearly installments.

(h) If the applicant does not fully execute the assistance or loan within 180 days of the date the commission approves the application, the application will expire unless the applicant requests and the commission approves a continuation of the terms. Continuations are limited to a maximum of 180 days each.

History

• KEY: State Infrastructure Bank Fund, SIB loan, SIB assistance, SIB
• Date of Last Change: October 24, 2023
• Notice of Continuation: September 5, 2023
• Authorizing, and Implemented or Interpreted Law: 72-2-203

Utah Admin. Code R940-3-4 Prioritizing Requests for an Infrastructure Loan or Infrastructure Assistance

(1) Criteria. The commission will follow a prioritization framework that may include the following criteria to evaluate and prioritize requests for a loan or assistance:

(a) availability of money in the fund, including for a loan or assistance related to a project in a greenfield area, whether money is available in the separate account created for projects in greenfield areas as described in Subsection 72-2-202(5);

(b) evidence the project will encourage, enhance, or create economic benefits to the state or political subdivision;

(c) the likelihood that a loan or assistance will enable the project to proceed at an earlier date than would otherwise be possible;

(d) the extent to which assistance will foster innovative public-private partnerships and attract private investment;

(e) the project demonstrates that it provides a benefit to the state highway system, including safety or mobility improvements;

(f) the proposed assistance amount as a percentage of the overall project costs with an emphasis on local and private participation;

(g) the extent to which the project provides intermodal connectivity with public transportation, pedestrian, or nonmotorized transportation facilities; or

(h) other provisions the commission considers appropriate.

(2) Scoring. The commission will apply a framework to determine the score it assigns to qualified projects for prioritization purposes. This framework is located on the department's website: udot.utah.gov/go/SIB and is incorporated by reference.

History

• KEY: State Infrastructure Bank Fund, SIB loan, SIB assistance, SIB
• Date of Last Change: October 24, 2023
• Notice of Continuation: September 5, 2023
• Authorizing, and Implemented or Interpreted Law: 72-2-203

Utah Admin. Code R940-3-5 Commission Discretion

The commission may approve a request for a loan or assistance ahead of another request with a higher prioritization score for good cause, as determined by the commission during a public meeting.

History

• KEY: State Infrastructure Bank Fund, SIB loan, SIB assistance, SIB
• Date of Last Change: October 24, 2023
• Notice of Continuation: September 5, 2023
• Authorizing, and Implemented or Interpreted Law: 72-2-203

R940-5 Approval of Highway Facilities on Sovereign Lands

Utah Admin. Code R940-5-1 Authority

This rule is required and authorized by Section 72-6-303.

History

• KEY: highway, construction, lakebed, sovereign lands, transportation, public-private partnerships, unsolicited proposals
• Date of Last Change: March 27, 2023
• Notice of Continuation: January 24, 2023
• Authorizing, and Implemented or Interpreted Law: 72-6-303

Utah Admin. Code R940-5-2 Purpose

(1) This rule establishes minimum guidelines for the Commission to consider when reviewing a proposed plan to construct a highway facility over sovereign lakebed lands as part of an application to lease sovereign land through the Division of Forestry, Fire and State Lands of the Department of Natural Resources, as provided in Section 65A-7-5.

(2) When considering a proposal to construct a highway facility over sovereign lakebed lands, the Commission must safeguard the public interest by thoroughly evaluating the financial viability of the project to ensure:

(a) the project can be constructed and completed as proposed;

(b) the project can be completed within the proposed time frame;

(c) the long-term viability and operability of the project by the proposer; and

(d) the facility meets current engineering standards for safety, design, construction, operation, and maintenance.

(3) Commission approval of a plan to construct a highway facility over sovereign lakebed lands does not constitute approval of an application to lease state lands by the Division of Forestry, Fire and State Lands as provided under Section 65A-7- 5. Issuance of surface leases of state lands is determined separately under a process determined by the Division of Forestry, Fire and State Lands as provided under state law and administrative rule.

History

• KEY: highway, construction, lakebed, sovereign lands, transportation, public-private partnerships, unsolicited proposals
• Date of Last Change: March 27, 2023
• Notice of Continuation: January 24, 2023
• Authorizing, and Implemented or Interpreted Law: 72-6-303

Utah Admin. Code R940-5-3 Definitions

Except as otherwise stated in this rule, terms used in this rule are defined in Section 72-6-302. In addition, the following terms are defined for this rule.

(1) "Commission" means the Utah Transportation Commission, created in Section 72-1-301.

(2) "Department" means the Utah Department of Transportation, created in Section 72-1-101.

(3) "Application" means a proposed plan submitted by a private entity to the Commission for approval to construct a highway facility over sovereign lakebed lands.

(4) "Proposer" means the private entity that applies to the Commission.

History

• KEY: highway, construction, lakebed, sovereign lands, transportation, public-private partnerships, unsolicited proposals
• Date of Last Change: March 27, 2023
• Notice of Continuation: January 24, 2023
• Authorizing, and Implemented or Interpreted Law: 72-6-303

Utah Admin. Code R940-5-4 Submission of Proposed Plan and Application

(1) The Commission may utilize the resources of the Department in receiving, reviewing, and evaluating an unsolicited proposal related to sovereign lakebed lands.

(2) The Commission may accept delivery by the Department of an application, including a proposed plan to construct a highway facility over sovereign land through the Division of Forestry, Fire and State Lands.

( 3) In addition to the requirements of Section 72-6-303 and this rule, the requirements outlined in Rule R926-16 Unsolicited Proposals for Transportation Infrastructure Public-Private Partnerships, will also apply if the application is related to an unsolicited proposal.

History

• KEY: highway, construction, lakebed, sovereign lands, transportation, public-private partnerships, unsolicited proposals
• Date of Last Change: March 27, 2023
• Notice of Continuation: January 24, 2023
• Authorizing, and Implemented or Interpreted Law: 72-6-303

Utah Admin. Code R940-5-5 Review of the Qualifications and Financial Resources of the Proposer

(1) An application must include specific qualifications and details, including the requirements outlined in Subsection 72-6-303(3) in addition to requirements outlined in Rule R926-16 Unsolicited Proposals for Transportation Infrastructure Public- Private Partnerships.

(2) The Department will review each application to ensure compliance with Subsection 72-6-303(3) and Section 63G- 6a-712 in addition to requirements outlined in Rule R926-16.

(3) As part of the review of a proposed plan to construct a highway facility over sovereign lakebed lands, the Department and Commission will consider the public interest to ensure the proposed plan is feasible, financially viable, and that the facility is safe by meeting current engineering standards.

(4) The Commission may require or permit the proposer to submit revisions or clarifications or supplement the application during the review process.

(5) The Commission shall consider recommendations made by the Department, including whether the highway construction plan contained within the application meets engineering and design standards outlined in an agreement entered into by the Department and the Proposer.

(6) The Commission may, in its sole discretion, refuse to review an application if the proposal fails to meet the guidelines established in Section 72-6-303 and this rule.

History

• KEY: highway, construction, lakebed, sovereign lands, transportation, public-private partnerships, unsolicited proposals
• Date of Last Change: March 27, 2023
• Notice of Continuation: January 24, 2023
• Authorizing, and Implemented or Interpreted Law: 72-6-303

Utah Admin. Code R940-5-6 Approval of Proposed Plan

(1) The Commission shall not approve an application until the Department has conducted its review and evaluation and presented its recommendation to the Commission, and the proposer has agreed with the Department as required in Section 72-6- 303.

(2) If the Commission approves an application:

(a) it will give a notice to the proposer;

(b) it will post the notice on the Department's website; and

(c) it will deliver a copy of the notice to the Division of Forestry, Fire and State Lands.

History

• KEY: highway, construction, lakebed, sovereign lands, transportation, public-private partnerships, unsolicited proposals
• Date of Last Change: March 27, 2023
• Notice of Continuation: January 24, 2023
• Authorizing, and Implemented or Interpreted Law: 72-6-303

R940-6 Prioritization of New Transportation Capacity Projects

Utah Admin. Code R940-6-1 Authority and Purpose

(1) The commission makes this administrative rule pursuant to authority delegated by Subsection 72-1-304(4).

(2) This administrative rule is to provide a procedure the commission will follow to satisfy the requirements of Section 72-1-304.

History

• KEY: transportation commission, roads, transit capacity
• Date of Last Change: September 10, 2025
• Notice of Continuation: July 10, 2025
• Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-304

Utah Admin. Code R940-6-2 Definitions

(1) "Active transportation investment fund" or "ATIF" means the capital projects fund created within the Transportation Investment Fund of 2005 created by Subsection 72-2-124(11).

(2) "Commission" means the Utah Transportation Commission created by Subsection 72-1-301(1).

(3) "Department" means the Utah Department of Transportation created by Subsection 72-1-201(1).

(4) "Department approved active transportation plan" means an active transportation plan approved by the department.

(5) "District" means a public transit district established in accordance with Title 17B Limited Purpose Local Government Entities - Special Districts.

(6) "Fixed guideway public transit" means a public transit facility that uses or occupies rail for the use of public transit or a separate right-of-way for the use of public transit such as bus rapid transit systems.

(7) "Fund allocation percentage" means the fund request amount as a percentage of the total funding amount for a TIF active transportation project, TTIF first and last mile project, or TTIF transit project.

(8) "Fund request amount" means the funding amount requested by a local government or district from either TIF or TTIF for a TIF active transportation project, TTIF first and last mile project, or TTIF transit project.

(9) "In-kind match" means a non-cash match including a service, right-of-way, construction materials, or labor or equipment time valued at fair market value.

(10) "Input list" means the list of projects that will be used in the prioritization process.

(11) "Match" means the matching funds used to meet the matching requirement described in Section 72-2-124.

(12) "Long-range transportation plan" or "LRP" means any one of the five plans developed by the department or the state's four MPOs that forecast the state's transportation needs for the next 20-plus years, also known as a regional transportation plan or RTP.

(13) "Metropolitan planning organization" or "MPO" means the same as it is defined by Subsection 72-1-208.5(1).

(14) "Required match percentage" means the match percentage required for TIF active transportation projects, TTIF first and last mile projects, and TTIF transit projects described in Section 72-2-124.

(15) "Statewide strategic initiative" or "SSI" means initiatives the department is required by Section 72-1-211 to develop and adopt.

(16) "Strategic goals" means the department's strategic goals.

(17) "TIF active transportation projects" means paved pedestrian or paved nonmotorized transportation projects described in Section 72-2-124 that are funded by the TIF.

(18) "TIF highway projects" means projects on state and federal highways described in Section 72-2-124 that are funded by the TIF.

(19) "Total funding amount" means the summation of the fund request amount and the match, including the value of any in-kind match.

(20) "Transportation investment fund" or "TIF" means the capital projects fund created in 2005 by Subsection 72-2- 124(1).

(21) "Transit transportation investment fund" or "TTIF" means the fund within the Transportation Investment Fund of 2005 created by Subsection 72-2-124(9).

(22) "TTIF first and last mile projects" means pedestrian or nonmotorized transportation projects that provide connection to a public transit system as described in Section 72-2-124 that are funded by the TTIF.

(23) "TTIF transit projects" means public transit capital development projects as described in Section 72-2-124.

(24) "UDOT planning" or "planning" means the Planning Division of the Program Development Group of the department.

(25) "Utah Trail Network project" or "UTN project" means paved pedestrian or paved nonmotorized trail projects described in Section 72-2-124 that are funded by the ATIF.

History

• KEY: transportation commission, roads, transit capacity
• Date of Last Change: September 10, 2025
• Notice of Continuation: July 10, 2025
• Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-304

Utah Admin. Code R940-6-3 Prioritization Requirements

The commission, in consultation with the department and the MPOs, will develop a written prioritization process to determine priorities and funding levels of TIF active transportation, TTIF first and last mile, TIF highway, TTIF transit, and UTN projects, taking into consideration the department's statewide strategic initiatives and the department's strategic goals.

History

• KEY: transportation commission, roads, transit capacity
• Date of Last Change: September 10, 2025
• Notice of Continuation: July 10, 2025
• Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-304

Utah Admin. Code R940-6-4 Prioritization Process

(1)(a) The document "Prioritization Process Documentation," which was developed pursuant to the requirements of Section 72-1-304 (May 3, 2023) and was approved by the commission at its August 18, 2023 meeting, is incorporated by reference and may be accessed at https://projectprioritization.udot.utah.gov/models. These models are used to prioritize TIF active, TIF highway, TTIF transit and TTIF first and last mile projects.

(b) The document "Utah Trail Network - Active Transportation Investment Fund (ATIF) Project Evaluation Process," which details the use of the TIF active transportation project model for prioritizing UTN projects and was approved by the commission at its November 17, 2023 meeting, is incorporated by reference and may be accessed at https://utahtrailnetwork.udot.utah.gov/the-process.

(2) The commission will provide notice of proposed amendments to the prioritization process in a public meeting, and provide an opportunity for public comments before amending the prioritization process. Amendments to the prioritization process will not affect projects that have already been funded.

(3)(a) If a state highway capacity project is identified in phase 1 of an LRP and the total project cost estimate is more than $5,000,000 it will be included in the input list for TIF highway projects.

(b) The commission may consider additional TIF highway projects for prioritization beyond those identified in phase 1 of an LRP if during the development of the LRP the projects were determined to be a phase 1 need.

(4)(a) If a public transit capital development project of new capacity is identified in phase 1 of an LRP it will be included in the input list for TTIF transit projects.

(b) The commission may consider additional TTIF transit projects for prioritization beyond those identified in phase 1 of an LRP if during the development of the LRP the projects were determined to be a phase 1 need.

History

• KEY: transportation commission, roads, transit capacity
• Date of Last Change: September 10, 2025
• Notice of Continuation: July 10, 2025
• Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-304

Utah Admin. Code R940-6-5 Requirements and Process for Project Nomination by Local Government or District

(1) Local governments or districts may nominate projects for prioritization, with the exception of UTN projects, which are not eligible for project nominations.

(2) The nomination requirements are as follows:

(a) TIF Highway Projects.

(i) A local government or district may nominate a project to the commission at this internet address: https://projectprioritization.udot.utah.gov/nominations. Nominations must identify the project sponsor's name, address, phone number, and email address and include a detailed description of the nominated project including why the project is important to the local government or district. The local government or district must also demonstrate that the nominated project:

(A) is on a state highway; or

(B) will likely result in a road that meets the criteria of a state highway as described in Section 72-4-102.5 and that the local government wants designated as a state highway.

(b) TIF Active Transportation Projects.

(i) A local government or district may nominate a project to the commission at this internet address: https://projectprioritization.udot.utah.gov/nominations. Nominations must identify the project sponsor's name, address, phone number, and email address and include a detailed description of the nominated project. The local government or district must also demonstrate that the nominated project meets the following requirements:

(A) the project is part of a department approved active transportation plan;

(B) the project will mitigate traffic congestion on the state highway system;

(C) there is an ongoing funding plan for maintenance and operations; and

(D) the match requirement will be met.

(c) TTIF Transit Projects.

(i) A local government or district may nominate a project to the Transportation Commission at this internet address: https://projectprioritization.udot.utah.gov/nominations. Nominations must identify the project sponsor's name, address, phone number, and email address and include a detailed description of the nominated project. The local government or district must also demonstrate that the nominated project meets the following requirements:

(A) There is an ongoing funding plan for maintenance and operations. If the project sponsor is a local government, this will require documentation from the transit operator that the project will be accommodated within the transit operator's maintenance and operations plans.

(B) The local government or district will meet the match requirement.

(C) If the nominated project would provide new fixed guideway public transit service within an MPO boundary, the project is identified in phase 1 of an LRP or, during the development of an LRP, the project was determined to be a phase 1 need.

(D) The majority of project costs are for components that directly add capacity to a public transit system such as additional or more frequent bus, fixed guideway public transit, shuttle, street car, or vanpool service.

(d) TTIF First and Last Mile Projects.

(i) A local government or district may nominate a project to the commission at this internet address: https://projectprioritization.udot.utah.gov/nominations. Nominations must identify the project sponsor's name, address, phone number, and email address and include a detailed description of the nominated project. The local government or district must also demonstrate that the nominated project meets the following requirements:

(A) there is an ongoing funding plan for maintenance and operations;

(B) the match requirement will be met; and

(C) the project will connect and improve access to transit.

(3) For each project nomination, a local government or district shall include:

(i) a reasonable cost estimate for the project and sufficient information to explain the reasoning behind the estimate; and

(ii) a plan to address any costs that exceed the local government's or district's cost estimate.

(4)(a) With the exception of a nominated TIF highway project, the commission will include each nominated project that meets the requirements of Subsection (2) in the applicable input list.

(b) The commission will determine if a nominated TIF highway project will be included in the input list. The factors used in this determination may include the following:

(i) if, during the development of an LRP, a project was determined to be a phase I1 need; and

(ii) if there are any proposed additional funding sources.

(5) The commission may request additional information for a nominated project from the project sponsor.

(6)(a) A match requirement for a nominated project may include an in-kind match.

(b) To determine whether the match for a nominated project meets the required match percentage, the department will divide the match amount, including the value of any in-kind match, by the total funding amount.

(c) If the amount calculated under Subsection (6)(b) is equal to or greater than the required match percentage, the department will determine the match requirement to be met.

(d) For example, for a project with a required match percentage of 30%, a fund request amount of $700,000, and a match of $300,000, the amount calculated under Subsection (6)(b) would be .30 ($300,000 divided by $1,000,000). Because .30 equals 30%, the local government or district would meet the match requirement.

History

• KEY: transportation commission, roads, transit capacity
• Date of Last Change: September 10, 2025
• Notice of Continuation: July 10, 2025
• Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-304

Utah Admin. Code R940-6-6 Commission Discretion

The commission, in consultation with the department, may establish additional criteria or use other considerations in establishing funding levels for TIF active transportation, TTIF first and last mile, TIF highway, TTIF transit, and UTN projects. As provided in Section 72-1-305, if the commission approves funding for a project over another project that has a higher prioritization rank under the criteria set forth in Section R940-6-4, the commission will identify the change, explain the reasons for the change, and accept public comment at a public meeting.

History

• KEY: transportation commission, roads, transit capacity
• Date of Last Change: September 10, 2025
• Notice of Continuation: July 10, 2025
• Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-304

R940-7 Marda Dillree Corridor Preservation Fund

Utah Admin. Code R940-7-1 Purpose and Authority

(1) Sections 72-2-117(6)(f) and 72-2-117(9)(a) authorize 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 money;

(b) the Utah Transportation Commission to award fund money;

(c) repayment conditions; and

(d) creating a corridor preservation advisory council.

History

• KEY: Marda Dillree Corridor Preservation Fund, transportation planning, right of way
• Date of Last Change: April 21, 2011
• Notice of Continuation: March 21, 2026
• Authorizing, and Implemented or Interpreted Law: 72-2-117(6)(f); 72-2-117(9)(a)

Utah Admin. Code R940-7-2 Definitions

(1) "Commission" means the Utah Transportation Commission.

(2) "UDOT" means the Utah Department of Transportation.

(3) "Council" means the Utah Transportation Corridor Preservation Advisory Council.

(4) "Corridor" means a strip of land between two termini within which traffic, topography, environment and other characteristics are evaluated for transportation purposes.

(5) "Fund" means the Marda Dillree Corridor Preservation Fund.

History

• KEY: Marda Dillree Corridor Preservation Fund, transportation planning, right of way
• Date of Last Change: April 21, 2011
• Notice of Continuation: March 21, 2026
• Authorizing, and Implemented or Interpreted Law: 72-2-117(6)(f); 72-2-117(9)(a)

Utah Admin. Code R940-7-3 Utah Transportation Corridor Preservation Advisory Council

(1) UDOT shall establish a council to provide recommendations and priorities concerning the use of fund money to the commission and assist in prioritizing requests for funding. The council shall be chaired by the Director of Right-of-Way. Additional council members shall be two commission members selected by the chair 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 representatives with relevant technical expertise or experience.

History

• KEY: Marda Dillree Corridor Preservation Fund, transportation planning, right of way
• Date of Last Change: April 21, 2011
• Notice of Continuation: March 21, 2026
• Authorizing, and Implemented or Interpreted Law: 72-2-117(6)(f); 72-2-117(9)(a)

Utah Admin. Code R940-7-4 Council Responsibilities

The council shall receive and review all requests for money from the fund and shall prioritize such requests based upon Subsections 72-2-117(6)(a) and (b). Priority shall be given to cost-effective preservation projects which maximize cost savings for future transportation right of way acquisitions.

History

• KEY: Marda Dillree Corridor Preservation Fund, transportation planning, right of way
• Date of Last Change: April 21, 2011
• Notice of Continuation: March 21, 2026
• Authorizing, and Implemented or Interpreted Law: 72-2-117(6)(f); 72-2-117(9)(a)

Utah Admin. Code R940-7-5 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 council recommendations to the commission and request approval for funding specific corridors;

(c) acquire real property or any interest in real property necessary for corridor preservation in corridors authorized by the commission;

(d) manage money of the fund; and

(e) administer repayment contracts with counties and municipalities.

History

• KEY: Marda Dillree Corridor Preservation Fund, transportation planning, right of way
• Date of Last Change: April 21, 2011
• Notice of Continuation: March 21, 2026
• Authorizing, and Implemented or Interpreted Law: 72-2-117(6)(f); 72-2-117(9)(a)

Utah Admin. Code R940-7-6 Procedure for the Awarding of Fund Money

Requests for money shall be directed to the council for review and prioritization based upon R940-7-4. 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 pertinent factors and approve, adjust, or reject the recommended expenditures in accordance with Section 72-2-117(3)(a). In no event shall fund money be used or made available for relocation assistance.

History

• KEY: Marda Dillree Corridor Preservation Fund, transportation planning, right of way
• Date of Last Change: April 21, 2011
• Notice of Continuation: March 21, 2026
• Authorizing, and Implemented or Interpreted Law: 72-2-117(6)(f); 72-2-117(9)(a)

Utah Admin. Code R940-7-7 Repayment Conditions

The 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 money resulting from the sale of excess properties shall be returned to the fund.

History

• KEY: Marda Dillree Corridor Preservation Fund, transportation planning, right of way
• Date of Last Change: April 21, 2011
• Notice of Continuation: March 21, 2026
• Authorizing, and Implemented or Interpreted Law: 72-2-117(6)(f); 72-2-117(9)(a)

R940-10 Guidelines for Department Participation in Transportation Reinvestment Zones

Utah Admin. Code R940-10-1 Purpose and Authority

(1) The purpose of this rule is to establish a process for state participation in a transportation reinvestment zone created under Section 11-13-227. The objective of state participation in a TRZ is to enhance the state transportation system by accelerating projects that are likely to stimulate increased local tax revenue that can be used to offset the cost of constructing those projects.

(2) The commission and department will only consider participating in a TRZ, as described in this rule, if the TRZ includes:

(a) a state highway project;

(b) a project on a local highway that is eligible for federal funds; or

(c) an eligible transit project.

(3) This rule is enacted under the authority of Title 63G, Chapter 3, Utah Administrative Rulemaking Act and Section 72-1-201.

History

• KEY: transportation reinvestment zone, public agency, TRZ, land use
• Date of Last Change: November 21, 2023
• Authorizing, and Implemented or Interpreted Law: 11-13-227

Utah Admin. Code R940-10-2 Definitions

(1) "Commission" means the Transportation Commission created in Section 72-1-301.

(2) "Department" means the Department of Transportation created in Section 72-1-201.

(3) "Eligible transit project" means a public transit capital development project that adds new capacity and for which the commission may prioritize money from the Transit Transportation Infrastructure Fund created in Section 72-2-124.

(4) "Long-Range Transportation Plan" means any one of the five plans developed by the department and the state's four MPOs that forecast the state's transportation needs for the next 20-plus years and may also be known as a regional transportation plan.

(5) "Public agency" has the same meaning as defined in Section 11-13-103.

(6) "Requesting public agency" means the public agency seeking state participation in a TRZ.

(7) "Transportation reinvestment zone" or "TRZ" has the same meaning as defined in Section 11-13-103.

(8) "TRZ agreement" means the agreement described in Section 11-13-227.

History

• KEY: transportation reinvestment zone, public agency, TRZ, land use
• Date of Last Change: November 21, 2023
• Authorizing, and Implemented or Interpreted Law: 11-13-227

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.

History

• KEY: transportation reinvestment zone, public agency, TRZ, land use
• Date of Last Change: November 21, 2023
• Authorizing, and Implemented or Interpreted Law: 11-13-227

Utah Admin. Code R940-10-4 Factors Used to Consider Proposals

(1) Any request for state participation in a TRZ made under this rule must be approved by the commission before the department may enter into an agreement described under Section R940-10-5.

(2) In deciding whether to approve a request for state participation in a TRZ, the commission shall take into account the following factors:

(a) whether the requested project is part of the Statewide Transportation Improvement Program (STIP), the Transportation Improvement Program (TIP), or a long-range transportation plan and, if part of a long-range transportation plan, will not delay any of the projects already included in the STIP;

(b) the benefits of the project to the state transportation system and the requesting public agencies;

(c) the terms of the draft TRZ agreement;

(d) the estimated costs and proposed schedule of the project;

(e) level of local commitment included as part of the request, based on the amount or percentage of funding proposed by the requesting public agency;

(f) whether the proposed project is subject to a local planning initiative;

(g) whether the project will alleviate significant existing or future congestion or hazards to the traveling public or provide other substantial improvements to the transportation system;

(h) whether the request has the potential to extend department resources to other needs; and

(i) whether the proposed project fulfills a need widely recognized by the public, elected officials, and transportation planners; and

(j) land use considerations.

(3)(a) For a request that includes improvements to a surface street that approaches an interchange or ramp or for a new interchange or ramp, the requesting public agency shall commit to providing at least 50% of the costs of the project over the life of the TRZ agreement.

(b) The 50% described in Subsection (2)(a) may include the value of any additional ways not mentioned in the TRZ agreement the requesting public agency will use to bring about the proposed project.

History

• KEY: transportation reinvestment zone, public agency, TRZ, land use
• Date of Last Change: November 21, 2023
• Authorizing, and Implemented or Interpreted Law: 11-13-227

Utah Admin. Code R940-10-5 Record of Request and TRZ Agreements

(1)(a) The department shall maintain a record on each TRZ participation request.

(b) Except for individual records in the file that may be classified private or protected, the contents of the file shall otherwise be public.

(2)(a) If the commission approves state participation in a TRZ, the department may enter into a TRZ agreement with the requesting public agency that will set forth the proposed project, the method of financing the project, the work that will be done, and projected timelines.

(b) Notwithstanding Subsection (2)(a), the department may not enter into a TRZ agreement until the agreement is approved and a public hearing is held in accordance with Section 11-13-227.

(3) A TRZ agreement shall include:

(a) adequate security to UDOT of receiving payment after the project is done;

(b) a statement indicating that parties of the agreement are not relieved of any state permitting requirements, including encroachment and access permits;

(c) a statement indicating that the TRZ agreement does not preclude UDOT requiring other agreements related to the proposed project;

(d) provisions to address conflicts of interest related to the proposed project;

(e) a statement indicating that the TRZ agreement does not include the work terms for the project;

(f) any indemnification clause determined necessary by the Department; and

(g) a statement that incorporates the project proposal that was approved by the Transportation Commission.

History

• KEY: transportation reinvestment zone, public agency, TRZ, land use
• Date of Last Change: November 21, 2023
• Authorizing, and Implemented or Interpreted Law: 11-13-227

R940-11 Guidelines for Partnering with Local Governments

Utah Admin. Code R940-11-1 Purpose and Authority

The purpose of this rule is to increase the department's and commission's ability to carry out improvements on state highways by allowing local governments to provide local matching dollars or participate through other methods, such as providing right-of-way. This rule is required by Subsection 72-2-123(1) and is enacted under the authority of Title 63G, Chapter 3, Utah Administrative Rulemaking Act and Section 72-1-303.

History

• KEY: transportation, local governments, partnering, highways
• Date of Last Change: May 12, 2025
• Authorizing, and Implemented or Interpreted Law: 72-2-123

Utah Admin. Code R940-11-2 Definitions

(1) "Commission" means the Transportation Commission created in Section 72-1-301.

(2) "Department" means the Department of Transportation created in Section 72-1-201.

(3) "Local government" means a municipality or county.

(4) "Long-range transportation plan" means any one of the five plans developed by the department and the state's four Metropolitan Planning Organizations that forecast the state's transportation needs for the next 20-plus years and may also be known as a regional transportation plan.

History

• KEY: transportation, local governments, partnering, highways
• Date of Last Change: May 12, 2025
• Authorizing, and Implemented or Interpreted Law: 72-2-123

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.

History

• KEY: transportation, local governments, partnering, highways
• Date of Last Change: May 12, 2025
• Authorizing, and Implemented or Interpreted Law: 72-2-123

Utah Admin. Code R940-11-4 Factors Used to Consider Proposals

(1) In deciding whether to approve a local government's request for partnering, the commission shall evaluate the proposal with the following factors in mind:

(a) whether the requested project is part of the Statewide Transportation Improvement Program (STIP), the Transportation Improvement Program (TIP), or the long-range transportation plan and, if part of the long-range transportation plan, will not delay any of the projects already included in the STIP or TIP;

(b) the benefits of the project to the state highway system and the local government;

(c) the costs of the project;

(d) the level of local commitment, based on the amount or percentage of local matching funding proposed;

(e) whether the proposed project was subject to a local or regional planning initiative;

(f) whether the project will alleviate significant existing or future congestion or hazards to the traveling public or provide other substantial improvements to the transportation system;

(g) whether the proposal has the potential to extend department resources to other needs;

(h) land use considerations;

(i) potential incremental revenue generation if the project is completed; and

(ii) whether the proposed project fulfills a need widely recognized by the public, elected officials, and transportation planners.

(2)(a) If a proposed project is to a surface street that approaches an interchange or ramp or for a new interchange or ramp and is being undertaken primarily for economic development, then the local government shall provide at least 50% local match. Economic development may include such things as employment growth, employment retention, retail sales, tourism growth, freight movements, tax base increase, and traveler or user cost savings as compared to construction costs.

(b) If a proposed project is to a surface street that approaches an interchange or ramp or for a new interchange or ramp and is being undertaken to relieve traffic congestion or to improve safety, the local match, if any, may be determined based on the benefit derived by the local entity.

History

• KEY: transportation, local governments, partnering, highways
• Date of Last Change: May 12, 2025
• Authorizing, and Implemented or Interpreted Law: 72-2-123

Utah Admin. Code R940-11-5 Record of Proposal and Interlocal Agreements

(1) The department shall maintain a record of each request for partnering. Except for individual records in the file that may be classified as private or protected, the contents of the file shall otherwise be public.

(2) If the commission agrees to the request for partnering, then the department shall develop an interlocal agreement with the local government that will set forth the proposal, the method of participation, the work that will be done, and projected timelines.

(3) An agreement described in Subsection (2) shall include:

(a) adequate security to the department of receiving the local matching funding proposed by the local government;

(b) a statement indicating that the agreement does not preclude the department from requiring other agreements related to the proposed project;

(c) a statement indicating that the agreement does not include the work terms for the project;

(d) any indemnification clause determined necessary by the department; and

(e) a statement that incorporates the proposal that was approved by the commission.

History

• KEY: transportation, local governments, partnering, highways
• Date of Last Change: May 12, 2025
• Authorizing, and Implemented or Interpreted Law: 72-2-123

R940-12 County of the First Class Infrastructure Bank Fund

Utah Admin. Code R940-12-1 Authority and Purpose

(1) This rule is authorized by Sections 72-2-302 and 72-2-303.

(2) The purpose of this rule is to establish procedures, standards, and a prioritization process the commission will follow to approve infrastructure loans and infrastructure assistance through the County of the First Class Infrastructure Bank Fund created by Section 72-2-302.

History

• KEY: County of the First Class Bank Fund, CFCIB loan, CFCIB assistance, CFCIB
• Date of Last Change: July 22, 2025
• Authorizing, and Implemented or Interpreted Law: 72-2-303

Utah Admin. Code R940-12-2 Definitions

(1) The definitions in Section 72-2-301 apply to this rule.

(2) In addition:

(a) "Commission" means the Transportation Commission created by Section 72-1-301.

(b) "Department" means the Department of Transportation created by Section 72-1-201.

(c) "Grant" means an amount of fund money provided to a public entity described in Section 72-2-302.

(d) "Project" includes a transportation project or a publicly owned infrastructure project.

(e) "CFCIB" means the County of the First Class Infrastructure Bank Fund created in Section 72-2-302.

History

• KEY: County of the First Class Bank Fund, CFCIB loan, CFCIB assistance, CFCIB
• Date of Last Change: July 22, 2025
• Authorizing, and Implemented or Interpreted Law: 72-2-303

Utah Admin. Code R940-12-3 Procedures and Standards for an Infrastructure Loan or Assistance from the CFCIB

(1) The procedures for an infrastructure loan or assistance from the CFCIB are as follows:

(a) Under Title 72, Chapter 2, Part 3, County of the First Class Infrastructure Bank Fund, and this rule, a public entity is eligible to apply for and receive an infrastructure loan or assistance through the CFCIB.

(b) A public entity must request an infrastructure loan or assistance using an application form provided by the department.

(c) The public entity must complete and submit the application according to the application instructions.

(d) The public entity must state clearly if it is applying for an infrastructure loan or assistance.

(e) The application form with instructions is available on the department's website at https://www.udot.utah.gov/connect/business/public-entities/sib/.

(2) The standards for an infrastructure loan or assistance from the CFCIB are as follows:

(a) An infrastructure loan from the CFCIB fund must bear interest at or above the market interest rate available to the state.

(b) The commission will determine the interest rate for an infrastructure loan by adding 0.5% to the rate for AAA Municipal General Obligation Bonds obtained from the state treasurer as of the date of the completed application.

(c) The public entity must begin repaying the infrastructure loan no later than the completion date of the project or the date the public entity opens the facility to traffic in the case of a highway project. Interest will accrue during the period between loan closing and the agreed-upon estimated project completion date and will be capitalized and added to the loan's principal balance.

(d) The repayment period for an infrastructure loan may not exceed the term identified in Title 72, Chapter 2, Part 3, County of the First Class Infrastructure Bank Fund.

(e) Loan documents must state the execution date and repayment deadline date for the infrastructure loan.

(f) The public entity may pledge any of a revenue source controlled by the public entity to repay the loan.

(g) The public entity must repay loans in monthly, quarterly, or yearly installments.

(h) If the applicant does not fully execute the infrastructure assistance or loan within 180 days of the date the commission approves the application, the application will expire unless the applicant requests and the commission approves a continuation of the terms. Continuations are limited to a maximum of 180 days each.

(3)(a) Before providing an infrastructure loan or assistance through application as provided in this section, the department shall use money in the fund to provide the loans and grants described in Section 72-2-302.

(b) The department shall keep infrastructure loan repayments in a separate account and shall disburse them according to Section 72-2-306.

(c) Unless otherwise provided by state law, a public entity is not required to pay back a grant.

History

• KEY: County of the First Class Bank Fund, CFCIB loan, CFCIB assistance, CFCIB
• Date of Last Change: July 22, 2025
• Authorizing, and Implemented or Interpreted Law: 72-2-303

Utah Admin. Code R940-12-4 Prioritizing Requests for an Infrastructure Loan or Infrastructure Assistance

(1) The commission will follow a prioritization framework to evaluate and prioritize requests for an infrastructure loan or assistance.

(2) Using the prioritization framework, the commission will score each qualified project.

(3) The department will publish the prioritization framework on the department's website at https://www.udot.utah.gov/connect/business/public-entities/sib/.

History

• KEY: County of the First Class Bank Fund, CFCIB loan, CFCIB assistance, CFCIB
• Date of Last Change: July 22, 2025
• Authorizing, and Implemented or Interpreted Law: 72-2-303

Utah Admin. Code R940-12-5 Commission Discretion

The commission may approve a request for an infrastructure loan or assistance ahead of another request with a higher prioritization score for good cause, as determined by the commission during a public meeting.

History

• KEY: County of the First Class Bank Fund, CFCIB loan, CFCIB assistance, CFCIB
• Date of Last Change: July 22, 2025
• Authorizing, and Implemented or Interpreted Law: 72-2-303