72-1-305. Project selection using the written prioritization process -- Public comment-- Report. (1) Except as provided in Subsection (4), in determining priorities and funding levels ofprojects in the state transportation system under Subsection
72-1-303(1)(a) that are new transportationcapacity projects, the commission shall use the weighted criteria system adopted in the writtenprioritization process under Section
72-1-304.
(2) Prior to finalizing priorities and funding levels of projects in the state transportation system,the commission shall conduct public hearings at locations around the state and accept public commentson:
(a) the written prioritization process;
(b) the merits of new transportation capacity projects that will be prioritized under this section;and
(c) the merits of new transportation capacity projects as recommended by a consensus of localelected officials participating in a metropolitan planning organization as defined in Section
72-1-208.5.
(3) The commission shall make the weighted criteria system ranking for each project publiclyavailable prior to the public hearings held under Subsection (2).
(4) (a) If the commission prioritizes a project over another project with a higher rank under theweighted criteria system, the commission shall identify the change and accept public comment at ahearing held under this section on the merits of prioritizing the project above higher ranked projects.
(b) The commission shall make the reasons for the prioritization under Subsection (4)(a)publicly available.
(5) The executive director or the executive director's designee shall report annually to thegovernor and a committee designated by the Legislative Management Committee no later than the lastday of October:
(a) the projects prioritized under this section during the year prior to the report; and
(b) the status and progress of all projects prioritized under this section.
(6) (a) The department may not delay a new transportation capacity project that was fundedby the Legislature in an appropriations act to a different fiscal year than programmed by the commissiondue to an unavoidable shortfall in revenues unless the project delays are prioritized and approved by theTransportation Commission.
(b) The Transportation Commission shall prioritize and approve any new transportationcapacity project delays for projects that were funded by the Legislature in an appropriations act due toan unavoidable shortfall in revenues.
Amended by Chapter 364, 2009 General Session