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S1509......................................................by STATE AFFAIRS TRANSPORTATION BOARD - Amends existing law to authorize the Idaho Transportation Board to enter into a transportation access plan with local units of government; to provide the terms and conditions of a transportation access plan; to define the term "transportation access plan"; and to define the term "full build out". 03/18 Senate intro - 1st rdg - to printing 03/19 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1509 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO TRANSPORTATION BOARD; AMENDING SECTION 40-107, IDAHO 3 CODE, TO DEFINE THE TERM "FULL BUILD OUT" AND TO MAKE TECHNICAL CORREC- 4 TIONS; AMENDING SECTION 40-121, IDAHO CODE, TO DEFINE THE TERM 5 "TRANSPORTATION ACCESS PLAN" AND TO MAKE TECHNICAL CORRECTIONS; AND AMEND- 6 ING SECTION 40-310, IDAHO CODE, TO AUTHORIZE THE IDAHO TRANSPORTATION 7 BOARD TO ENTER INTO A TRANSPORTATION ACCESS PLAN WITH LOCAL UNITS OF GOV- 8 ERNMENT AND TO PROVIDE THE TERMS AND CONDITIONS OF A TRANSPORTATION ACCESS 9 PLAN. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 40-107, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 40-107. DEFINITIONS -- F. (1) "Facilities" means tracks, pipes, mains, 14 conduits, cables, wires, towers, poles, equipment and appliances. 15 (2) "Family" means two (2) or more persons living together in the same 16 dwelling unit who are related to each other by blood, marriage, adoption or 17 legal guardianship. 18 (3) "Farm operation" means any activity conducted primarily for the pro- 19 duction of agricultural products or commodities, including timber, for sale 20 and home use, and producing agricultural products or commodities in sufficient 21 quantity to contribute materially to the operator's support. 22 (4) "Feeder highway" means any highway which, in the opinion of the 23 transportation board, is needed to create or facilitate access to a turnpike 24 project upon which a toll is charged for transit. 25 (5) "Federal land rights of way" means rights of way on federal land 26 within the context of Revised Statute 2477, codified as 43United States Code27 U.S.C. 932, and other federal access grants and shall be considered to be any 28 road, trail, access or way upon which construction has been carried out to the 29 standard in which public rights of way were built within historic context. 30 These rights of way may include, but not be limited to, horse paths, cattle 31 trails, irrigation canals, waterways, ditches, pipelines or other means of 32 water transmission and their attendant access for maintenance, wagon roads, 33 jeep trails, logging roads, homestead roads, mine to market roads and all 34 other ways. 35 (6) "Full build out" means the maximum allowable development of an area 36 based on local plans, zoning regulations and anticipated development, and 37 includes addressing environmental protection and site suitability. 38 SECTION 2. That Section 40-121, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 40-121. DEFINITIONS -- T. (1) "Tourist related advertising sign" means 41 any sign which advertises a specific public or private facility, accommodation 2 1 or service, at a particular location or site, including: overnight lodging, a 2camp sitecampsite, food service, recreational facility, tourist attraction, 3 education or historical site or feature, automotive service, facility or gar- 4 age. 5 (2) "Transportation access plan" or "TAP" means a binding agreement 6 approved by the Idaho transportation board and local units of government that 7 specifies the location, type and standards for existing and future access 8 along a designated segment of a state highway. The purpose of a transportation 9 access plan is to improve and preserve the long-term functional integrity of 10 the state highway including enhanced flow of traffic, public safety, opera- 11 tional capacity and efficiency for all modes of transportation. 12 (3) "Turnpike project" means any express highway or bridge at locations 13 and between terminals as may be established by the board and constructed or to 14 be constructed under the provisions of chapter 4, title 40, Idaho Code, and 15 shall include all bridges, tunnels, overpasses, underpasses, interchanges, 16 entrance plazas, approaches, toll houses, service areas, service stations, 17 service facilities, communication facilities, and administration, storage and 18 other buildings, which the board may deem necessary for the operation of a 19 project, together with all property, rights, easements, and interests which 20 may be acquired by the board for the construction or the operation of a proj- 21 ect. 22 (34) "Turnpike revenue bonds" means bonds of the transportation board 23 authorized under the provisions of section 40-412, et seq., Idaho Code. 24 SECTION 3. That Section 40-310, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 40-310. POWERS AND DUTIES -- STATE HIGHWAY SYSTEM. The board shall: 27 (1) Determine which highways in the state, or sections of highways, shall 28 be designated and accepted for the purpose of this title as a part of the 29 state highway system. 30 (a) In determining which highways or section of highways shall be a part 31 of the state highway system, the board shall consider the relative impor- 32 tance of each highway to cities, existing business, industry and enter- 33 prises and to the development of cities, natural resources, industry and 34 agriculture and be guided by statistics on existing and projected traffic 35 volumes. The board shall also consider the safety and convenience of high- 36 way users, the common welfare of the people of the state, and of the cit- 37 ies within the state and the financial capacity of the state of Idaho to 38 acquire rights-of-way and to construct, reconstruct and maintain state 39 highways. In making a determination, the board must, before it can aban- 40 don, relocate, or replace by a new highway, any highway serving or tra- 41 versing any city, or the area in which the city is located, specifically 42 find and determine that the benefits to the state of Idaho are greater 43 than the economic loss and damage to the city affected. No highway serving 44 or traversing any city shall be abandoned, relocated or replaced by a new 45 highway serving the area in which a city is located without the board 46 first holding a public hearing in that city. Written notice setting forth 47 the action proposed to be taken by the board shall be served upon the 48 mayor of any city affected, and upon all property owners from which acqui- 49 sition of right-of-way is necessary and from which that property must be 50 purchased, by certified or registered mail, and shall also be published in 51 at least one (1) issue of a newspaper published and of general circulation 52 in each city affected. If there is no newspaper published in the city, 53 then a notice shall be posted in three (3) of the most public places in 3 1 the city. The notice shall contain a statement of any action contemplated 2 by the board affecting the city or property owner, and shall specify the 3 time and place of the hearing. At the hearing a property owner from which 4 right-of-way is necessary to be acquired and from which that property must 5 be purchased, and the governing body of any city affected may appear, 6 voice objections to the action proposed to be taken by the board, and may 7 present evidence and call witnesses in support of their objections. The 8 board shall give consideration to the protests and objections and make a 9 written decision determining whether or not the proposed action would be 10 of greater benefit to the state of Idaho than the economic loss and damage 11 resulting to the city. The board shall serve a written decision upon the 12 governing body of any affected city and property owners within ten (10) 13 days following the completion of the hearing, and no action shall be taken 14 by the board prior to the service of the written decision. 15 (b) Within ten (10) days after the written decision has been served, an 16 appeal may be taken from the decision by the person from whom the property 17 must be purchased, the interested city, board of county commissioners, or 18 highway district commissioners to the district court in and for the county 19 in which the city affected by the order is located. The appeal shall be 20 taken and perfected in the following manner: 21 1. The appellant shall file with the clerk of the district court of 22 the proper county, and serve upon the board, notice specifying the 23 grounds of appeal, and a certified copy of the decision of the board 24 appealed from. The district court shall then have jurisdiction of the 25 matter and may make any order or judgment that the equities of the 26 case require. Upon the appeal being perfected, the appeal shall 27 receive a preferential place on the calendar of the district court. 28 2. The appeal shall be heard and determined by the district court in 29 a summary manner as in a suit in equity, and the trial shall be a 30 trial de novo on the issues framed. The court may affirm, reverse, or 31 modify the order appealed from and may issue injunctions whenever it 32 appears necessary for the protection of the interests of any party to 33 the appeal. 34 3. No bond or undertaking shall be required of any party appealing 35 under any of the provisions of this section. 36 4. The filing fees required in the district court shall be the same 37 as is provided for filing cases originally in the court. 38 (c) Any final order or judgment of the district court under this subsec- 39 tion shall be appealable to the supreme court of the state of Idaho within 40 thirty (30) days following the entry of the final order or judgment in the 41 same manner as appeals in civil actions are taken to the supreme court. 42 (d) The board shall take no action on any matter affecting any property 43 owner from which right-of-way is necessary to be acquired or any city 44 until either: 45 1. The time has elapsed for an appeal to the district court and no 46 appeal has been filed; or 47 2. If an appeal has been taken to the district court, then until the 48 time for appeal from its final order or judgment to the supreme court 49 has elapsed and no appeal has been taken; or 50 3. If an appeal has been taken to the supreme court, then until the 51 matter has been finally determined by that court. 52 (2) The board shall cause to be prepared and publicly displayed in a con- 53 spicuous place in their offices a complete map of the state highway system in 54 which each section shall be identified by location, length and a control num- 55 ber. The map shall be of a suitable size and scale and contain data and infor- 4 1 mation as deemed appropriate by the board. Periodically, and not less than 2 once each year, the board shall revise and correct the map to record the 3 changes in the designated state highway system resulting from additions, 4 abandonments and relocations. Hand maps of the state highway system shall be 5 issued periodically for public distribution. 6 (3) Abandon the maintenance of any highway and remove it from the state 7 highway system, when that action is determined by the unanimous consent of the 8 board to be in the public interest. 9 (4) Locate, design, construct, reconstruct, alter, extend, repair and 10 maintain state highways, and plan, design and develop statewide transportation 11 systems when determined by the board to be in the public interest. 12 (5) Establish standards for the location, design, construction, recon- 13 struction, alteration, extension, repair and maintenance of state highways, 14 provided that standards of state highways through local highway jurisdictions 15 shall be coordinated with the standards in use for the systems of the respec- 16 tive local highway jurisdictions. The board shall make agreements with local 17 highway jurisdictions having within their limits state highway sections in the 18 category described in section 40-502, Idaho Code, and provide for an equitable 19 division of the maintenance of those sections. The board may also, in the 20 interest of economy and efficiency, arrange to have any or all of the state 21 highway sections within local highway jurisdictions maintained by those local 22 highway jurisdictions, the cost of the work as limited by section 40-502, 23 Idaho Code, to be reimbursed by the state. 24 (6) Cause to be made and kept, surveys, studies, maps, plans, specifica- 25 tions and estimates for the alteration, extension, repair and maintenance of 26 state highways, and so far as practicable, of all highways in the state, and 27 for that purpose to demand and to receive reports and copies of records from 28 county commissioners, commissioners of highway districts, county engineers and 29 directors of highways and all other highway officials within the state. 30 (7) Approve and determine the final plans, specifications and estimates 31 for state highways and cause contracts for state highway work to be let by 32 contract in the manner provided by law. 33 (8) Expend funds appropriated for construction, maintenance and improve- 34 ment of state highways. 35 (9) Designate state highways, or parts of them, as controlled-access 36 facilities and regulate, restrict or prohibit access to those highways to 37 serve the traffic for which the facility is intended. 38 (10) When appropriate, enter into binding agreements with local units of 39 government to specify the existing and future location, type, design and stan- 40 dards of any access to and from a designated segment of a state highway 41 through the development of a transportation access plan (TAP). When a trans- 42 portation access plan is in effect, any action taken by the state or local 43 units of government with regard to state highway access, shall be in reason- 44 able conformance with the TAP. The following terms and conditions shall be 45 observed by all parties in the development of such a binding agreement: 46 (a) A TAP shall be developed in cooperation with local governments, high- 47 way districts, metropolitan planning organizations and the Idaho transpor- 48 tation department. Once adopted, a TAP may be modified at a future date if 49 all parties are in agreement. 50 (b) Public notice of the initiation of a TAP shall be provided in accor- 51 dance with section 67-6509, Idaho Code. 52 (c) In the development of a TAP, all stakeholders and impacted landowners 53 shall be considered, and subjects to be addressed shall include, but not 54 be limited to, public safety, traffic volumes, roadway capacity, emergency 55 services, commerce, environmental concerns, connections with local trans- 5 1 portation systems, regional and statewide transportation needs, existing 2 and forecasted land use and the adopted plans of local agencies. 3 (d) The period of time encompassed by a transportation access plan shall 4 be for not less than twenty (20) years and a full build out of the desig- 5 nated state highway segment shall be considered. 6 (11) Close or restrict the use of any state highway whenever the closing 7 or restricting of use is deemed by the board to be necessary for the protec- 8 tion of the public or for the protection of the highway or any section from 9 damage. 10 (112) Designate main traveled state highways as through highways. The 11 traffic on through highways shall have the right-of-way over the traffic on 12 any other highway intersecting with it, provided, that at the intersection of 13 two (2) through highways the board shall determine which traffic shall have 14 the right-of-way. 15 (123) Furnish, erect and maintain standard signs on side highways direct- 16 ing drivers of vehicles approaching a designated through highway to come to a 17 full stop before entering or crossing the through highway. 18 (134) Provide a right-of-way for and supervise the construction of side 19 paths or sidewalks along regularly designated state highways outside the 20 boundaries of incorporated cities and the expenditures for the construction of 21 them may be made from the highway funds of the county or highway districts. 22 (145) Upon certification and requisition of an appropriate board, commis- 23 sion, governing body, or official head of any state institution and on the 24 approval of the governor, showing the same to be necessary, construct, alter, 25 repair, and maintain the roadways in, through, and about the grounds of state 26 institutions. The construction, alteration, repair and maintenance shall be 27 accomplished and paid for from the state highway account in accordance with 28 the provisions of chapter 7, title 40, Idaho Code. This provision shall not be 29 construed to divest any board, commission, governing body, or official head of 30 an institution their constitutional or statutory powers.
STATEMENT OF PURPOSE
RS18096
This legislation would amend Section 40-310, Idaho Code, provide
a tool for local land use planning authorities and the Idaho
Transportation Department to enter into agreements to control and
manage access on state highways. By amending Idaho Code to allow
for specific agreements, or Transportation Access Plans, that
reflect the needs of communities and protect the safety and
mobility of the traveling public, this legislation offers a
voluntary mechanism to address the access control issues that are
causing problems for local governments and transportation entities
in high-growth areas. Transportation Access Plans could be
developed for any portion of the state highway system in
conjunction with local land use planning authorities.
FISCAL IMPACT
There is no fiscal impact either to the Department or to the
General Fund. This legislation may reduce litigation in the future
and therefore reduce costs spent on litigation.
Contact
Name: Senator Tim Corder
Phone: 332-1000
Julie Pipal
STATEMENT OF PURPOSE/FISCAL NOTE S 1509