2023 Utah Code › Title 56 - Railroads › Chapter 1 - General Provisions › Section 39 - Assessment for right of way infrastructure improvements.

Effective 3/31/2024
56-1-39.
Assessment for right of way infrastructure improvements.
(1) As used in this section:
(a) "Benefit" includes enhanced property value, enhanced safety or efficiency, reduced costs, and liability avoidance.
(b) "Government entity" means the state or a county, city, town, metro township, local district, or special service district.
(c)
(i) "Railroad" means a rail carrier that is a Class I railroad, as classified by the federal Surface Transportation Board.
(ii) "Railroad" does not include a rail carrier that is:
(A) exempt from assessment under 49 U.S.C. Sec. 24301; or
(B) owned by a government entity.
(d)
(i) "Right of way infrastructure improvement" means construction, reconstruction, repair, or maintenance of public infrastructure that:
(A) is paid for by a government entity; and
(B) is partially or wholly within a railroad's right of way or crosses over a railroad's right of way.
(ii) "Right of way infrastructure improvement" includes any component of construction, reconstruction, repair, or maintenance of public infrastructure, including:
(A) any environmental impact study, environmental mitigation, or environmental project management; and
(B) any required or requested review by a non-governmental entity.
(e) "Public infrastructure" means any of the following improvements:
(i) a system or line for water, sewer, drainage, electrical, or telecommunications;
(ii) a street, road, curb, gutter, sidewalk, walkway, or bridge;
(iii) signage or signaling related to an improvement described in Subsection (1)(e)(i) or (ii);
(iv) an environmental improvement; or
(v) any other improvement similar to the improvements described in Subsections (1)(e)(i) through (iv).
(2) A government entity may, to the extent allowed under federal law, assess a railroad for any portion of the cost of a right of way infrastructure improvement, including any cost attributable to delay, if:
(a) the government entity determines that the right of way infrastructure improvement provides a benefit to the railroad;
(b) the amount of the assessment is proportionate to the benefit the railroad receives, as determined by the government entity; and
(c) the government entity uses the assessment to pay for or as reimbursement for the cost of the right of way infrastructure improvement and not for the general support of the government entity.
(3)
(a) If two or more government entities have authority under this section to assess a railroad for the same right of way infrastructure improvement, the Office of Rail Safety created in Section 72-17-101 shall:
(i) determine the amount of each government entity's assessment in accordance with Subsection (2);
(ii) assess the railroad for the total of all amounts described in Subsection (3)(a)(i); and
(iii) distribute the collected assessments to each government entity.
(b) The total amount of an assessment under this Subsection (3) may not exceed the amount described in Subsection (2)(b).
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Department of Transportation may make rules to establish a process for implementing the provisions of this Subsection (3).
Enacted by Chapter 41, 2023 General Session
Amended by Chapter 41, 2023 General Session, (Coordination Clause)