H.B. 59

1

COMMUNITY AND ECONOMIC DEVELOPMENT
2 TECHNICAL CHANGES
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Steven R. Mascaro
6 Senate Sponsor: Scott K. Jenkins
7 Cosponsors:Janice M. FisherJulie Fisher 8
9 LONG TITLE
10 Committee Note:
11 The Workforce Services and Community and Economic Development Interim
12 Committee recommended this bill.
13 General Description:
14 This bill makes certain technical changes to reporting requirements for the Governor's
15 Office of Economic Development and Department of Community and Culture and
16 provides for uniformity in referencing the Office of Rural Development and its director.
17 Highlighted Provisions:
18 This bill:
19 . correctly identifies the legislative interim committee to which the Governor's Office
20 of Economic Development and the Department of Community and Culture's Olene
21 Walker Housing Fund Board make annual reports;
22 . provides for uniformity in referencing the Office of Rural Development and its
23 director;
24 . provides for ongoing rather than one-time reporting of activities associated with the
25 Economic Development Incentives Act; and
26 . makes certain other technical changes.
27 Monies Appropriated in this Bill:

28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 9-4-708, as last amended by Laws of Utah 2002, Chapter 65
34 63-38d-603, as last amended by Laws of Utah 2006, Chapter 292
35 63-38f-1103, as renumbered and amended by Laws of Utah 2005, Chapter 148
36 63-38f-1602, as renumbered and amended by Laws of Utah 2005, Chapter 148
37 63-38f-1603, as renumbered and amended by Laws of Utah 2005, Chapter 148
38 63-38f-1604, as last amended by Laws of Utah 2006, Chapter 52
39 63-38f-1605, as renumbered and amended by Laws of Utah 2005, Chapter 148
40 63-38f-1706, as enacted by Laws of Utah 2005, Chapter 272
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 9-4-708 is amended to read:
44 9-4-708. Annual accounting.
45 (1) The executive director shall monitor the activities of recipients of grants and loans
46 issued under this part on a yearly basis to ensure compliance with the terms and conditions
47 imposed on the recipient by the director with the approval of the board or by this part.
48 (2) The entities receiving grants or loans shall provide the executive director with an
49 annual accounting of how the moneys they received from the fund have been spent.
50 (3) The executive director shall make an annual report to the board accounting for the
51 expenditures authorized by the board.
52 (4) The board shall submit an annual written report [accounting for expenditures
53 authorized by the board and evaluating the effectiveness of the program] to the Workforce
54 Services and Community and Economic Development Interim Committee before December 1
55 of each year[.]:
56 (a) accounting for expenditures authorized by the board; and
57 (b) evaluating the effectiveness of the program.
58 Section 2. Section 63-38d-603 is amended to read:

59 63-38d-603. Powers and duties of coordinator and office.
60 (1) The coordinator and the office shall:
61 (a) assist the state planning coordinator in fulfilling the duties outlined in Section
62 63-38d-401 as those duties relate to the development of public lands policies by:
63 (i) developing cooperative contracts and agreements between the state, political
64 subdivisions, and agencies of the federal government for involvement in the development of
65 public lands policies;
66 (ii) producing research, documents, maps, studies, analysis, or other information that
67 supports the state's participation in the development of public lands policy;
68 (iii) preparing comments to ensure that the positions of the state and political
69 subdivisions are considered in the development of public lands policy;
70 (iv) partnering with state agencies and political subdivisions in an effort to:
71 (A) prepare coordinated public lands policies;
72 (B) develop consistency reviews and responses to public lands policies;
73 (C) develop management plans that relate to public lands policies; and
74 (D) develop and maintain a statewide land use plan that is based on cooperation and in
75 conjunction with political subdivisions; and
76 (v) providing other information or services related to public lands policies as requested
77 by the state planning coordinator; and
78 (b) facilitate and coordinate the exchange of information, comments, and
79 recommendations on public lands policies between and among:
80 (i) state agencies;
81 (ii) political subdivisions;
82 (iii) the Office of Rural Development [Program] created under Section 63-38f-1602 ;
83 (iv) the Resource Development Coordinating Committee created under Section
84 63-38d-501 ;
85 (v) School and Institutional Trust Lands Administration created under Section
86 53C-1-201 ;
87 (vi) the committee created under Section 63F-1-508 to award grants to counties to
88 inventory and map R.S. 2477 rights-of-way, associated structures, and other features; and
89 (vii) the Constitutional Defense Council created under Section 63C-4-101 ;

90 (c) perform the duties established in Title 9, Chapter 8, Part 3, Antiquities, and Title 9,
91 Chapter 8, Part 4, Historic Sites; and
92 (d) consistent with other statutory duties, encourage agencies to responsibly preserve
93 archaeological resources.
94 (2) In providing assistance to the state planning coordinator under Subsection (1)(a),
95 the coordinator and office shall take into consideration the:
96 (a) findings provided under Subsections 63-38d-401 (6) and (7); and
97 (b) recommendations of the council.
98 Section 3. Section 63-38f-1103 is amended to read:
99 63-38f-1103. Duties of the office.
100 The office shall:
101 (1) facilitate recycling development zones through state support of county incentives
102 which encourage development of manufacturing enterprises that use recycling materials
103 currently collected;
104 (2) evaluate an application from a county or municipality executive authority to be
105 designated as a recycling market development zone and determine if the county or municipality
106 qualifies for that designation;
107 (3) provide technical assistance to municipalities and counties in developing
108 applications for designation as a recycling market development zone;
109 (4) assist counties and municipalities designated as recycling market development
110 zones in obtaining assistance from the federal government and agencies of the state;
111 (5) assist [any] a qualified business in obtaining the benefits of [any] an incentive or
112 inducement program authorized by this part;
113 (6) monitor the implementation and operation of this part and conduct a continuing
114 evaluation of the progress made in the recycling market development zone; and
115 (7) submit an annual written report evaluating the effectiveness of the program and
116 providing recommendations for legislation to the Workforce Services and Community and
117 Economic Development Interim Committee and Natural Resources, Agriculture, and
118 Environment Interim Committee not later than November 1 of each year.
119 Section 4. Section 63-38f-1602 is amended to read:
120 63-38f-1602. Rural Development Office -- Supervision by Governor's Office of

121 Economic Development.
122 (1) There is created within the [office] Governor's Office of Economic Development
123 the Office of Rural Development [Program].
124 (2) The [program] Office of Rural Development is under the administration and
125 general supervision of the [office] Governor's Office of Economic Development.
126 Section 5. Section 63-38f-1603 is amended to read:
127 63-38f-1603. Purpose of the Office of Rural Development.
128 The [program] Office of Rural Development is established to:
129 (1) foster and support economic development programs and activities for the benefit of
130 rural counties and communities;
131 (2) foster and support community, county, and resource management planning
132 programs and activities for the benefit of rural counties and communities;
133 (3) foster and support leadership training programs and activities for the benefit of:
134 (a) rural leaders in both the public and private sectors;
135 (b) economic development and planning personnel; and
136 (c) rural government officials;
137 (4) foster and support efforts to coordinate and focus the technical and other resources
138 of appropriate institutions of higher education, local governments, private sector interests,
139 associations, nonprofit organizations, federal agencies, and others, in ways that address the
140 economic development, planning, and leadership challenges and priorities of rural Utah as
141 identified in the strategic plan required under Subsection 63C-10-103 (2);
142 (5) work to enhance the capacity of the [office] Governor's Office of Economic
143 Development to address rural economic development, planning, and leadership training
144 challenges and opportunities by establishing partnerships and positive working relationships
145 with appropriate public and private sector entities, individuals, and institutions; and
146 (6) foster government-to-government collaboration and good working relations
147 between state and rural government regarding economic development and planning issues.
148 Section 6. Section 63-38f-1604 is amended to read:
149 63-38f-1604. Duties.
150 (1) The [program] Office of Rural Development shall:
151 (a) provide, in conjunction with the Rural Coordinating Committee, staff support to the

152 Governor's Rural Partnership Board;
153 (b) facilitate within the [department] Governor's Office of Economic Development
154 implementation of the strategic plan prepared under Subsection 63C-10-103 (2);
155 (c) work to enhance the capacity of the [office] Governor's Office of Economic
156 Development to address rural economic development, planning, and leadership training
157 challenges and opportunities by establishing partnerships and positive working relationships
158 with appropriate public and private sector entities, individuals, and institutions;
159 (d) work with the Rural Coordinating Committee to coordinate and focus available
160 resources in ways that address the economic development, planning, and leadership training
161 challenges and priorities in rural Utah; and
162 (e) in accordance with economic development and planning policies set by state
163 government, coordinate relations between:
164 (i) the state;
165 (ii) rural governments;
166 (iii) other public and private groups engaged in rural economic planning and
167 development; and
168 (iv) federal agencies.
169 (2) (a) The [program] Office of Rural Development may:
170 (i) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
171 make rules necessary to carry out [the] its duties [of the office];
172 (ii) accept gifts, grants, devises, and property, in cash or in kind, for the benefit of rural
173 Utah citizens; and
174 (iii) use those gifts, grants, devises, and property received under Subsection (2)(a)(ii)
175 for the use and benefit of rural citizens within the state.
176 (b) All resources received under Subsection (2)(a)(ii) shall be deposited in the General
177 Fund as dedicated credits to be used as directed in Subsection (2)(a)(iii).
178 (c) All funding for the benefit of rural Utah as defined in this section is nonlapsing.
179 Section 7. Section 63-38f-1605 is amended to read:
180 63-38f-1605. Program manager.
181 (1) The director of the [office] Governor's Office of Economic Development shall
182 appoint a [manager] director for the [program] Office of Rural Development with the approval

183 of the governor.
184 (2) The [manager] director of the Office of Rural Development shall be a person
185 knowledgeable in the field of rural economic development and planning and experienced in
186 administration.
187 (3) Upon change of the director of the Governor's Office of Economic Development,
188 the [manager of the program] director of the Office of Rural Development may not be
189 dismissed without cause for at least 180 days.
190 (4) The [manager] director of the Office of Rural Development shall be a member of
191 the Rural Coordinating Committee's Steering Committee created in Subsection 63C-10-202 (3).
192 Section 8. Section 63-38f-1706 is amended to read:
193 63-38f-1706. Office's authority -- Report to Legislature.
194 (1) The office, with advice from the board, and within the limitations of this part, may
195 determine:
196 (a) the structure and amount of [any] a partial [rebates] rebate offered under this part;
197 (b) the economic impacts and job creation necessary to qualify for the incentive; and
198 (c) the other terms and conditions of an agreement entered into under this part.
199 (2) In reviewing [claims] a claim for a partial [rebates] rebate of new state revenues,
200 the office may accept the same type of information and evidence allowed under Subsections
201 63-38f-1307 (2)(a) and (b).
202 (3) [(a)] The office shall make [a] an annual written report to the Legislature's
203 Workforce Services and Community and Economic Development Interim Committee not later
204 than November 1 of each year on:
205 [(i)] (a) the success of attracting new commercial projects to development zones under
206 this part and the corresponding increase in new incremental jobs;
207 [(ii)] (b) the period of time over which partial rebates of new state revenues shall be
208 granted under this part; and
209 [(iii)] (c) the economic impact on the state related to generating new state revenues and
210 rebating a portion of those revenues under this part.
211 [(b) The office shall make the report prior to the 2006 General Session of the
212 Legislature to enable the committee to determine whether this part should be modified during
213 the 2006 General Session.]

Legislative Review Note
as of 11-15-07 8:42 AM

Office of Legislative Research and General Counsel