Utah Code Ann. § 72-1-304 – Written project prioritization process for new transportation capacity projects -- Rulemaking.

(1)
1. (a) The Transportation Commission, in consultation with the department and the metropolitan planning organizations as defined in Section 72-1-208.5, shall develop a written prioritization process for the prioritization of:
  1. (i) new transportation capacity projects that are or will be part of the state highway system under Chapter 4, Part 1, State Highways;
  2. (ii) paved pedestrian or paved nonmotorized transportation projects described in Section 72-2-124;
  3. (iii) public transit projects that directly add capacity to the public transit systems within the state, not including facilities ancillary to the public transit system; and
  4. (iv) pedestrian or nonmotorized transportation projects that provide connection to a public transit system.
2. (b)
  1. (i) A local government or public transit district may nominate a project for prioritization in accordance with the process established by the commission in rule.
  2. (ii) If a local government or public transit district nominates a project for prioritization by the commission, the local government or public transit district shall provide data and evidence to show that:
    1. (A) the project will advance the purposes and goals described in Section 72-1-211;
    2. (B) for a public transit project, the local government or public transit district has an ongoing funding source for operations and maintenance of the proposed development; and
    3. (C) the local government or public transit district will provide the percentage of the costs for the project as required by Subsection 72-2-124(4)(a)(viii) or 72-2-124(10)(e).
(2) The following shall be included in the written prioritization process under Subsection (1):
1. (a) a description of how the strategic initiatives of the department adopted under Section 72-1-211 are advanced by the written prioritization process;
2. (b) a definition of the type of projects to which the written prioritization process applies;
3. (c) specification of a weighted criteria system that is used to rank proposed projects and how it will be used to determine which projects will be prioritized;
4. (d) specification of the data that is necessary to apply the weighted ranking criteria; and
5. (e) any other provisions the commission considers appropriate, which may include consideration of:
  1. (i) regional and statewide economic development impacts, including improved local access to:
    1. (A) employment;
    2. (B) educational facilities;
    3. (C) recreation;
    4. (D) commerce; and
    5. (E) residential areas, including moderate income housing as demonstrated in the local government's or public transit district's general plan in accordance with Section 10-20-404 or 17-79-403;
  2. (ii) the extent to which local land use plans relevant to a project support and accomplish the strategic initiatives adopted under Section 72-1-211; and
  3. (iii) any matching funds provided by a political subdivision or public transit district in addition to the percentage of costs required by Subsections 72-2-124(4)(a)(viii) and 72-2-124(10)(e).
(3)
1. (a) When prioritizing a public transit project that increases capacity, the commission:
  1. (i) may give priority consideration to projects that are part of a transit-oriented development or transit-supportive development as defined in Section 17B-2a-802; and
  2. (ii) shall give priority consideration to projects that are within the boundaries of a housing and transit reinvestment zone created in accordance with Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act.
2. (b) When prioritizing a transportation project that increases capacity, the commission may give priority consideration to projects that are:
  1. (i) part of a transportation reinvestment zone created under Section 63N-23-901 if:
    1. (A) the state is a participant in the transportation reinvestment zone; or
    2. (B) the commission finds that the transportation reinvestment zone provides a benefit to the state transportation system; or
  2. (ii) within the boundaries of a housing and transit reinvestment zone created in accordance with Title 63N, Chapter 23, Part 2, Housing and Transit Reinvestment Zone.
3. (c) If the department receives a notice of prioritization for a municipality as described in Subsection 10-21-202(7), or a notice of prioritization for a county as described in Subsection 17-80-202(5), the commission may give priority consideration to transportation projects that are within the boundaries of the municipality or the unincorporated areas of the county until the department receives notification from the Division of Housing and Community Development within the Governor's Office of Economic Development that the municipality or county no longer qualifies for prioritization under this Subsection (3)(c).
4. (d) When prioritizing a transportation project described in Subsection (1)(a)(ii) or (iv), the commission may give priority consideration to projects that improve connectivity in accordance with Section 10-8-87.
5. (e) The total priority consideration the commission gives under this Subsection (3) may not increase the score the commission uses to rank a project for purposes of prioritization by more than 7%.
(4) In developing the written prioritization process, the commission:
1. (a) shall seek and consider public comment by holding public meetings at locations throughout the state; and
2. (b) may not consider local matching dollars as provided under Section 72-2-123 unless the state provides an equal opportunity to raise local matching dollars for state highway improvements within each county.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Transportation Commission, in consultation with the department, shall make rules establishing the written prioritization process under Subsection (1).
(6) The commission shall submit the proposed rules under this section to the Transportation Interim Committee for review before taking final action on the proposed rules or any proposed amendment to the rules described in Subsection (5).

Amended by Chapter 393, 2026 General Session