No. 43489 (Amendment): Rule R918-4. Using Volunteer Groups and Third Party Contractors for the Adopt-a-Highway and Sponsor-a-Highway Litter Pickup Programs

(Amendment)

DAR File No.: 43489
Filed: 01/25/2019 02:57:57 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

After performing the five-year review of this rule required by Section 63G-3-305, the Department of Transportation (Department) determined these proposed amendments will improve the efficiency of the Adopt-a-Highway and Sponsor-a-Highway Litter Pickup Programs, and increase safety for participants.

Summary of the rule or change:

These proposed amendments allow the Department to provide an application form, or agreement, to formalize the terms and conditions of those participating in the programs regulated by this rule. This changes the procedures participants follow when returning loaned safety equipment to the Department and when they find items that appear suspicious or unsafe, i.e., syringes, drug paraphernalia, or closed containers. These amendments also make several technical changes to this rule.

Statutory or constitutional authorization for this rule:

• Section 72-1-201

Anticipated cost or savings to:

the state budget:

The Department does not anticipate that these proposed amendments will have any tangible, estimable, or material fiscal impact on the state's budget because they only make minor changes to the procedures the Department follows when dealing with volunteer groups and third-party contractors doing litter pickup along state highways.

local governments:

The Department does not anticipate any local government in Utah will experience a material fiscal impact resulting from these proposed amendments because they do not require anything additional from local governments or relieve them of any responsibilities.

small businesses:

The Department does not anticipate that these proposed amendments will lead to any fiscal impact to the budgets of small businesses because they do not require anything of third-party contractors that might negatively impact their budgets or relieve third-party contractors of any responsibilities that might lead to savings to their budgets.

persons other than small businesses, businesses, or local governmental entities:

The Department does not anticipate that these proposed amendments will lead to any fiscal impact to persons other than businesses and local governments because they do not require anything additional from the public or business in general or relieve them of any responsibilities.

Compliance costs for affected persons:

There are no compliance costs for any business, local government, or other person affected by these proposed rule changes.

Comments by the department head on the fiscal impact the rule may have on businesses:

These proposed amendments will not have a fiscal impact on businesses.

Carlos Braceras, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Transportation
Operations, Maintenance
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]
• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]
• Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at [e-mail]
• Josh Dangel at the above address, by phone at , by FAX at , or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/18/2019

This rule may become effective on:

03/25/2019

Authorized by:

Carlos Braceras, Executive Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Small and Non - Small Businesses

1) The Utah Department of Transportation (UDOT) does not anticipate any industries or businesses in Utah will experience a material fiscal impact resulting from these proposed amendments. After performing the five-year review on this rule required by Section 63G-3-305, UDOT determined these proposed amendments will improve the efficiency of the Adopt-a-Highway and Sponsor-a-Highway Litter Pickup Programs, and increase safety for participants.

2) UDOT does not anticipate any local government in Utah will experience a material fiscal impact resulting from these proposed amendments.

3) Rule R918-4 regulates UDOT's procedure for using volunteer groups and third-party contractors for litter pickup, and provides additional resources to increase UDOT's litter control effort at a minimal cost.

4) These proposed amendments do not require anything of third party contractors that might negatively impact their budgets or relieve third party contractors of any responsibilities that might lead to savings to their budgets.

5) UDOT does not anticipate these proposed amendments will lead to any fiscal impact to persons other than businesses and local governments because they do not require anything additional from the public or business in general or relieve them of any responsibilities.

6) UDOT does not anticipate these proposed amendments will have any tangible, estimable, or material fiscal impact on the state's budget because is only makes minor changes to the procedures UDOT follows when dealing with volunteer groups and third party contractors doing litter pickup along state highways.

7) Executive Director Carlos Braceras, head of UDOT, has reviewed and approved this fiscal analysis.

 

 

R918. Transportation, Operations, Maintenance.

R918-4. Using Volunteer Groups and Third[ ] - Party Contractors for the Adopt-a-Highway and Sponsor-a-Highway Litter Pickup Programs.

R918-4-1. Purpose and Authority.

The purpose of this rule is to establish a procedure for using volunteer groups and third[ ]-party contractors for litter pickup and to provide additional resources to increase UDOT's litter control effort at a minimal cost. This program is not operated [for the purpose of]to provide[ing] a highway signing program for a free speech forum. This rule is enacted under the general rulemaking authority in Section 72-1-201.

 

R918-4-2. Application for the Adopt-A-Highway Program.

(1) A group or person who wishes to participate in a program to pick up litter along UDOT right-of-way may apply with the UDOT Region in which the right-of-way is located. The application [shall]will contain, at a minimum, the name of the organization or person, the right-of-way requested, along with alternatives if desired, the name and address of a contact person, and the name of the sponsoring organization requested to be placed on the Recognition Sign. UDOT may provide an application form or agreement to formalize the terms and conditions of this rule.

(2) If the name of an organization is to appear on the sign, the applicant [shall]must submit, [with the application,]upon request, documentation from the state showing the form, status, and official name of the entity. Only the official name of the organization will be printed on the sign.

(3) UDOT also coordinates a program similar to Adopt-A-Highway, known as Sponsor-A-Highway, wherein a private contractor performs the actual litter pickup on behalf of local businesses or other entities ("sponsors") in return for a sponsorship fee. The sponsoring entity is recognized with a sign. A business, government entity, group, or person who wishes to participate in the Sponsor-A-Highway program may apply to the contractor. The contractor [shall]must submit the name of the entity, sponsorship segment, and proposed Sponsor-A-Highway sign rendering to UDOT for approval.

 

R918-4-3. Conditions of Adopt-A-Highway Participation.

If the Adopt-A-Highway application is granted, UDOT [shall]will notify the applicant's contact person in writing and promptly send to him or her a contract that sets forth the following basic conditions:

(1) the location of the right-of-way;

(2) a hold harmless agreement, waiver of liability, and indemnification for third-party claims;

(3) safety rules;

(4) information concerning safety apparel that must be used and that which is recommended;

(5) the name of the entity or organization that is applying for the permit;

(6) an explanation of the condition in which UDOT expects the applicant to keep the roadway and notification that the decision whether [or not ]the applicant has done so is solely within UDOT's discretion;

(7) notification of reasons for termination, which include failure to comply with any part of the agreement, fraud in the application, failure to follow safety requirements or commands;

(8) a date when the agreement will terminate, along with any automatic renewal provisions;

(9) volunteer groups [shall]must provide a responsible supervisor to properly control the activities of the group, with the expertise and degree of supervision to be decided by UDOT;

(10) no person under the age of [eleven]fourteen years may participate in the litter pick-up program or be on the right-of-way;

(11) volunteers [shall]must accept and receive safety instructions by the Region Safety/Risk Manager, or designee;

(12) volunteers [shall]must stay off the traveled area of the roadway, except when traveled area must be crossed, with any crossing being done by the entire group together along with the signing, flagging, or supervision directed by the Region Safety/Risk Manager or designee;

(13) volunteers [shall]must stay off the traveled areas of Interstate Routes, Freeways, and divided highways at all times[, except when crossing in the manner specified in paragraph (12)];

(14) in areas where the Region Director or Safety/Risk Manager or Traffic Engineer believes it appropriate, the applicant [shall]must use advance warning signs;

(15) work [shall]must be done during daylight hours;

(16) such other information as UDOT believes may be required to adequately advise the applicant of its responsibilities and provide for the public safety;

(17) clean up the assigned right-of-way at least three times a year as well as when UDOT specifically requests; and

(18) notify [the appropriate authorities such as the Health Department or police]UDOT as soon as reasonably possible if they find items that appear suspicious or unsafe, i.e., syringes, drug paraphernalia, or closed containers.

 

R918-4-4. Conditions of Sponsor-A-Highway Participation.

A business, government entity, group, or person participating in the Sponsor-A-Highway program [shall]must:

(1) be legally empowered to enter a contract in the state of Utah; and

(2) use their legal name or a registered DBA name.

 

R918-4-5. UDOT discretion to allow use of right-of-way.

(1) Nothing in this rule or any other UDOT rule may be construed to require UDOT to make any [particular ]portion of right-of-way available for litter pick up. The decision whether to do so is exclusively within UDOT's discretion. Similarly, the decision to take a route out of the litter pick-up program is also within UDOT's exclusive discretion even if the route is currently available and being used for litter pick-up.

(2) Should UDOT determine that a route no longer qualifies for participation in the Adopt-a-Highway program, UDOT [shall]will notify the person or organization assigned the route of that determination. The notification constitutes termination of the contract, regardless of how much time is left on the contract.

(3) UDOT may also terminate a contract at any time if it determines that continuing the contract would be counterproductive to the program's purpose or have undesirable results such as vandalism, increased litter, or would otherwise jeopardize the safety of the participants, the traveling public, or UDOT employees.

 

R918-4-6. Recognition Signs.

(1) If the applicant's authorized representative (contact person) signs the contract provided by UDOT, UDOT will place a recognition sign along the route, if all other conditions are met. UDOT will not place either slogans or logos on Adopt-A-Highway signs. The name may be edited to comply with space limitations.

(2) Slogans, DBA names, registered trademarks, and registered service marks may be included on Sponsor-A-Highway signs, subject to UDOT review and approval.

 

R918-4-7. Replacement of Signs.

(1) Adopt-A-Highway Signs: UDOT will not replace damaged or missing signs unless the damage was due to weather or other natural cause and then only if there is sufficient funding. In no case will UDOT replace a sign more than once every five years.

(2) Sponsor-A-Highway Signs: Sponsor-A-Highway signs remain the property of the Sponsor-A-Highway contractor.

 

R918-4-8. UDOT's Responsibilities.

UDOT [shall]will:

(1) furnish volunteers with UDOT-standard vests, which[, when the contract is terminated shall] must be returned after cleanup activities are completed;

(2) furnish litter bags, which, when filled, [shall]must be placed along the shoulder of the road for collection by UDOT personnel;

(3) furnish advance warning signs in areas where the Region Director, Safety/Risk Manager, or Traffic Engineer believes it appropriate; and

(4) install contractor furnished Sponsor-A-Highway signs at locations designated by the Region Traffic Engineer and maintain the sign base, posts, and mounting hardware.

 

KEY: adopt-a-highway, sponsor-a-highway, litter, volunteer

Date of Enactment or Last Substantive Amendment: [March 12, 2012]2019

Notice of Continuation: October 8, 2018

Authorizing, and Implemented or Interpreted Law: 72-1-201

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