First Substitute S.B. 47

This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 18, 2008 at 9:28 AM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 25, 2008 at 1:50 PM by rday. -->

Senator Dennis E. Stowell proposes the following substitute bill:

1 LIMITED PURPOSE LOCAL GOVERNMENT
2 ENTITIES REVISIONS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Dennis E. Stowell
6 House Sponsor: Fred R. Hunsaker
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to limited purpose local government entities.
11 Highlighted Provisions:
12 This bill:
13 . repeals and reenacts, rewrites, clarifies, and modifies provisions related to special
14 service districts, municipal building authorities, and conservation districts;
15 . expands the entities authorized to create a building authority to include local
16 districts and special service districts;
17 . repeals provisions related to parking and business improvement districts, special
18 road districts, and historic districts;
19 . reenacts historic preservation authority for counties and municipalities;
20 . modifies assessment area provisions to preserve authority eliminated through the
21 repeal of parking and business improvement district provisions;
22 . requires the type of local district proposed to be created to be specified in the
23 petition or resolution proposing the creation of a local district;
24 . clarifies that a local district board of trustees member must be a registered voter at
25 the location of the member's residence;

Text Box
- 2 - 26 . modifies a provision authorizing a local district to agree to the use of its land or land
27 over which it has a right-of-way;
28 . provides that a previously created local district authorized to provide fire protection
29 service is also authorized to provide paramedic and emergency service;
30 . allows an agent or officer of an owner of land to qualify as a board of trustees
31 member of certain local districts with seasonally occupied homes;
32 . specifies who may administer an oath of office to a local district board of trustees
33 member and requires an oath to be filed with the local district clerk;
34 . modifies a provision relating to the relationship between a local district election and
35 a municipal general election;
36 . exempts local district and special service district elections from early voting
37 provisions;
38 . eliminates a requirement that a water conservancy district publish notice of a board
39 vacancy;
40 . reduces the percentage of property owners or voters required to protest the creation
41 of a special service district or the addition of new territory or a new service to the
42 special service district;
43 . eliminates a provision stating that a federal employee protection act applies to
44 public transit district leases and other agreements;
45 . makes a provision allowing a service area to establish divisions for electing some or
46 all elected board members apply to all local districts rather than just service areas;
47 . increases the number of services that a local district may provide from two to four;
48 . expands the group of service areas that have a higher allowable tax rate to include
49 service areas in second class counties, if the service area provides fire protection,
50 paramedic, and emergency services;
51 . eliminates a cap on the number of local district board of trustees members allowed,
52 and makes conforming changes;
53 . authorizes animal control officers of special service districts to issue misdemeanor
54 and infraction citations;
55 . limits the area that an improvement district for electric service may include and
56 requires that type of district to have applied for and received approval of a

Text Box
- 3 -

Senate 2nd Reading Amendments 2-25-2008 rd/rhr 57

certification before a certain date;
58 . authorizes a special service district to provide service outside its boundary;
59 . modifies the type of correctional facilities and services that a special service district
60 is authorized to provide;
61 . authorizes a special service district in a county of the first class to provide extended
62 police protection;
63 . eliminates a cap on the number of special service district administrative control
64 board members allowed;
65 . modifies the qualifications of an administrative control board member;
66 . clarifies that a provision relating to the imposition and increasing of local district
67 fees does not apply to impact fees;
68 . modifies a provision relating to the oath of office of local district board members;
69 . clarifies that a voter at an election of a local district board member must be a
70 registered voter within the district;
71 . authorizes a local district board to pay local district board members a specified
72 compensation for training every year rather than every two years;
73 . modifies the authority of a conservation district;
74 . modifies the date by which a conservation district's annual report is to be submitted
75 to the commission; and
76 . makes technical changes.
77 Monies Appropriated in this Bill:
78 None
79 Other Special Clauses:
80 S. [ None ] This bill coordinates with H.B. 77, Personal Property Tax Amendments, by
80a providing technical amendments. .S
81 Utah Code Sections Affected:
82 AMENDS:
83 4-18-3, as last amended by Laws of Utah 2007, Chapter 179
84 4-18-5, as last amended by Laws of Utah 2007, Chapter 179
85 4-20-1.5, as last amended by Laws of Utah 2007, Chapter 179
86 10-2-101, as last amended by Laws of Utah 2007, Chapter 329
87 10-2-401, as last amended by Laws of Utah 2007, Chapter 329

Text Box
- 4 - 88 10-2-428, as last amended by Laws of Utah 2007, Chapter 329
89 10-9a-103, as last amended by Laws of Utah 2007, Chapters 188, 199, and 329
90 10-15-4, as last amended by Laws of Utah 1992, Chapter 30
91 10-15-6, as last amended by Laws of Utah 1992, Chapter 30
92 11-14-102, as last amended by Laws of Utah 2007, Chapter 329
93 11-17-3, as last amended by Laws of Utah 2005, Chapter 105
94 11-27-2, as last amended by Laws of Utah 2007, Chapter 329
95 11-32-2, as last amended by Laws of Utah 1993, Chapter 227
96 11-36-102, as last amended by Laws of Utah 2007, Chapter 329
97 11-36-201, as last amended by Laws of Utah 2007, Chapter 329
98 11-39-101, as last amended by Laws of Utah 2007, Chapter 329
99 11-40-101, as last amended by Laws of Utah 2007, Chapter 329
100 11-42-102, as enacted by Laws of Utah 2007, Chapter 329
101 11-39-104, as enacted by Laws of Utah 2003, Chapter 259
102 11-43-102, as enacted by Laws of Utah 2007, Chapter 118
103 17-27a-103, as last amended by Laws of Utah 2007, Chapters 188, 199, and 329
104 17-52-403, as last amended by Laws of Utah 2007, Chapter 329
105 17-53-311, as last amended by Laws of Utah 2005, Chapter 102
106 17B-1-102, as renumbered and amended by Laws of Utah 2007, Chapter 329
107 17B-1-103, as enacted by Laws of Utah 2007, Chapter 329
108 17B-1-202, as renumbered and amended by Laws of Utah 2007, Chapter 329
109 17B-1-203, as renumbered and amended by Laws of Utah 2007, Chapter 329
110 17B-1-205, as renumbered and amended by Laws of Utah 2007, Chapter 329
111 17B-1-215, as renumbered and amended by Laws of Utah 2007, Chapter 329
112 17B-1-302, as renumbered and amended by Laws of Utah 2007, Chapter 329
113 17B-1-303, as renumbered and amended by Laws of Utah 2007, Chapter 329
114 17B-1-306, as renumbered and amended by Laws of Utah 2007, Chapter 329
115 17B-1-312, as renumbered and amended by Laws of Utah 2007, Chapter 329
116 17B-1-643, as renumbered and amended by Laws of Utah 2007, Chapter 329
117 17B-1-1002, as enacted by Laws of Utah 2007, Chapter 329
118 17B-1-1101, as enacted by Laws of Utah 2007, Chapter 329

Text Box
- 5 - 119 17B-1-1103, as enacted by Laws of Utah 2007, Chapter 329
120 17B-1-1104, as enacted by Laws of Utah 2007, Chapter 329
121 17B-2a-404, as enacted by Laws of Utah 2007, Chapter 329
122 17B-2a-405, as enacted by Laws of Utah 2007, Chapter 329
123 17B-2a-406, as renumbered and amended by Laws of Utah 2007, Chapter 329
124 17B-2a-804, as enacted by Laws of Utah 2007, Chapter 329
125 17B-2a-813, as enacted by Laws of Utah 2007, Chapter 329
126 17B-2a-1005, as renumbered and amended by Laws of Utah 2007, Chapter 329
127 17B-2a-1007, as enacted by Laws of Utah 2007, Chapter 329
128 19-3-301, as last amended by Laws of Utah 2007, Chapter 329
129 19-6-502, as last amended by Laws of Utah 2007, Chapter 329
130 20A-1-102, as last amended by Laws of Utah 2007, Chapters 75, 256, 285, and 329
131 20A-11-1202, as last amended by Laws of Utah 2007, Chapter 329
132 26-8a-405.1, as last amended by Laws of Utah 2007, Chapter 329
133 26-8a-405.2, as last amended by Laws of Utah 2005, Chapters 25 and 205
134 51-7-3, as last amended by Laws of Utah 2007, Chapter 207
135 52-4-202, as last amended by Laws of Utah 2007, Chapters 45 and 249
136 52-4-203, as last amended by Laws of Utah 2007, Chapters 35, 204, and 329
137 53-2-502, as enacted by Laws of Utah 2007, Chapter 331
138 53A-2-123, as last amended by Laws of Utah 2007, Chapter 329
139 54-14-103, as last amended by Laws of Utah 2007, Chapters 242 and 329
140 59-2-102, as last amended by Laws of Utah 2007, Chapters 107, 234, and 329
141 59-2-924, as last amended by Laws of Utah 2007, Chapters 107 and 329
142 59-21-1, as last amended by Laws of Utah 2007, Chapter 303
143 59-21-2, as last amended by Laws of Utah 2007, Chapter 303
144 63-9-68, as enacted by Laws of Utah 2007, Chapter 118
145 63E-1-102, as last amended by Laws of Utah 2007, Chapter 329
146 67-1a-6.5, as last amended by Laws of Utah 2007, Chapters 212 and 329
147 67-3-1, as last amended by Laws of Utah 2007, Chapter 329
148 69-2-4, as last amended by Laws of Utah 1992, Chapter 30
149 69-2-5, as last amended by Laws of Utah 2007, Chapter 241

Text Box
- 6 -

Senate Committee Amendments 2-18-2008 rd/rhr 150

73-2-1, as last amended by Laws of Utah 2007, Chapter 329
151 73-5-15, as last amended by Laws of Utah 2007, Chapters 179 and 329
152 73-10-21, as last amended by Laws of Utah 2007, Chapter 329
153 77-7-18, as last amended by Laws of Utah 2005, Chapter 2
154 S. [ 78-27-63, as last amended by Laws of Utah 2007, Chapters 280, 329, and 357 ] 78B-4-509, as
154a renumbered and amended by Laws of Utah 2008, Chapter 3 .S
155 ENACTS:
156 10-8-85.9, Utah Code Annotated 1953
157 17-50-324, Utah Code Annotated 1953
158 17D-1-101, Utah Code Annotated 1953
159 17D-1-102, Utah Code Annotated 1953
160 17D-1-103, Utah Code Annotated 1953
161 17D-1-104, Utah Code Annotated 1953
162 17D-1-105, Utah Code Annotated 1953
163 17D-1-106, Utah Code Annotated 1953
164 17D-1-107, Utah Code Annotated 1953
165 17D-1-108, Utah Code Annotated 1953
166 17D-1-109, Utah Code Annotated 1953
167 17D-1-201, Utah Code Annotated 1953
168 17D-1-202, Utah Code Annotated 1953
169 17D-1-203, Utah Code Annotated 1953
170 17D-1-204, Utah Code Annotated 1953
171 17D-1-205, Utah Code Annotated 1953
172 17D-1-206, Utah Code Annotated 1953
173 17D-1-207, Utah Code Annotated 1953
174 17D-1-208, Utah Code Annotated 1953
175 17D-1-209, Utah Code Annotated 1953
176 17D-1-210, Utah Code Annotated 1953
177 17D-1-211, Utah Code Annotated 1953
178 17D-1-212, Utah Code Annotated 1953
179 17D-1-301, Utah Code Annotated 1953
180 17D-1-302, Utah Code Annotated 1953

Text Box
- 7 - 181 17D-1-303, Utah Code Annotated 1953
182 17D-1-304, Utah Code Annotated 1953
183 17D-1-305, Utah Code Annotated 1953
184 17D-1-306, Utah Code Annotated 1953
185 17D-1-401, Utah Code Annotated 1953
186 17D-1-402, Utah Code Annotated 1953
187 17D-1-403, Utah Code Annotated 1953
188 17D-1-501, Utah Code Annotated 1953
189 17D-1-502, Utah Code Annotated 1953
190 17D-1-503, Utah Code Annotated 1953
191 17D-1-504, Utah Code Annotated 1953
192 17D-1-505, Utah Code Annotated 1953
193 17D-1-506, Utah Code Annotated 1953
194 17D-1-507, Utah Code Annotated 1953
195 17D-1-508, Utah Code Annotated 1953
196 17D-1-509, Utah Code Annotated 1953
197 17D-1-601, Utah Code Annotated 1953
198 17D-1-602, Utah Code Annotated 1953
199 17D-1-603, Utah Code Annotated 1953
200 17D-2-101, Utah Code Annotated 1953
201 17D-2-102, Utah Code Annotated 1953
202 17D-2-103, Utah Code Annotated 1953
203 17D-2-104, Utah Code Annotated 1953
204 17D-2-105, Utah Code Annotated 1953
205 17D-2-106, Utah Code Annotated 1953
206 17D-2-107, Utah Code Annotated 1953
207 17D-2-108, Utah Code Annotated 1953
208 17D-2-109, Utah Code Annotated 1953
209 17D-2-110, Utah Code Annotated 1953
210 17D-2-201, Utah Code Annotated 1953
211 17D-2-202, Utah Code Annotated 1953

Text Box
- 8 - 212 17D-2-203, Utah Code Annotated 1953
213 17D-2-301, Utah Code Annotated 1953
214 17D-2-302, Utah Code Annotated 1953
215 17D-2-401, Utah Code Annotated 1953
216 17D-2-402, Utah Code Annotated 1953
217 17D-2-403, Utah Code Annotated 1953
218 17D-2-404, Utah Code Annotated 1953
219 17D-2-405, Utah Code Annotated 1953
220 17D-2-501, Utah Code Annotated 1953
221 17D-2-502, Utah Code Annotated 1953
222 17D-2-503, Utah Code Annotated 1953
223 17D-2-504, Utah Code Annotated 1953
224 17D-2-505, Utah Code Annotated 1953
225 17D-2-506, Utah Code Annotated 1953
226 17D-2-507, Utah Code Annotated 1953
227 17D-2-601, Utah Code Annotated 1953
228 17D-2-602, Utah Code Annotated 1953
229 17D-2-701, Utah Code Annotated 1953
230 17D-2-702, Utah Code Annotated 1953
231 17D-3-101, Utah Code Annotated 1953
232 17D-3-103, Utah Code Annotated 1953
233 17D-3-104, Utah Code Annotated 1953
234 17D-3-201, Utah Code Annotated 1953
235 17D-3-202, Utah Code Annotated 1953
236 17D-3-203, Utah Code Annotated 1953
237 17D-3-204, Utah Code Annotated 1953
238 17D-3-301, Utah Code Annotated 1953
239 17D-3-302, Utah Code Annotated 1953
240 17D-3-303, Utah Code Annotated 1953
241 17D-3-304, Utah Code Annotated 1953
242 17D-3-305, Utah Code Annotated 1953

Text Box
- 9 - 243 17D-3-306, Utah Code Annotated 1953
244 17D-3-307, Utah Code Annotated 1953
245 17D-3-308, Utah Code Annotated 1953
246 17D-3-309, Utah Code Annotated 1953
247 17D-3-310, Utah Code Annotated 1953
248 20A-3-605, Utah Code Annotated 1953
249 RENUMBERS AND AMENDS:
250 17B-1-306.5, (Renumbered from 17B-2a-906, as enacted by Laws of Utah 2007,
251 Chapter 329)
252 17D-3-102, (Renumbered from 17A-3-800, as last amended by Laws of Utah 2007,
253 Chapter 179)
254 REPEALS:
255 17A-2-1301, as renumbered and amended by Laws of Utah 1990, Chapter 186
256 17A-2-1302, as last amended by Laws of Utah 2003, Chapter 292
257 17A-2-1303, as renumbered and amended by Laws of Utah 1990, Chapter 186
258 17A-2-1304, as last amended by Laws of Utah 2007, Chapters 183 and 203
259 17A-2-1305, as renumbered and amended by Laws of Utah 1990, Chapter 186
260 17A-2-1306, as renumbered and amended by Laws of Utah 1990, Chapter 186
261 17A-2-1307, as renumbered and amended by Laws of Utah 1990, Chapter 186
262 17A-2-1308, as last amended by Laws of Utah 2003, Chapter 292
263 17A-2-1309, as renumbered and amended by Laws of Utah 1990, Chapter 186
264 17A-2-1310, as renumbered and amended by Laws of Utah 1990, Chapter 186
265 17A-2-1311, as last amended by Laws of Utah 2005, Chapter 233
266 17A-2-1312, as last amended by Laws of Utah 2005, Chapter 105
267 17A-2-1313, as last amended by Laws of Utah 2005, Chapter 233
268 17A-2-1314, as last amended by Laws of Utah 2007, Chapter 329
269 17A-2-1315, as last amended by Laws of Utah 2007, Chapter 329
270 17A-2-1316, as last amended by Laws of Utah 2005, Chapter 105
271 17A-2-1317, as renumbered and amended by Laws of Utah 1990, Chapter 186
272 17A-2-1318, as last amended by Laws of Utah 2005, Chapter 148
273 17A-2-1319, as renumbered and amended by Laws of Utah 1990, Chapter 186

Text Box
- 10 - 274 17A-2-1320, as last amended by Laws of Utah 2001, Chapter 195
275 17A-2-1321, as last amended by Laws of Utah 2004, Chapter 316
276 17A-2-1322, as last amended by Laws of Utah 2005, Chapters 105 and 260
277 17A-2-1323, as renumbered and amended by Laws of Utah 1990, Chapter 186
278 17A-2-1324, as renumbered and amended by Laws of Utah 1990, Chapter 186
279 17A-2-1325, as renumbered and amended by Laws of Utah 1990, Chapter 186
280 17A-2-1326, as last amended by Laws of Utah 2007, Chapters 203 and 329
281 17A-2-1327, as last amended by Laws of Utah 2005, Chapter 233
282 17A-2-1328, as renumbered and amended by Laws of Utah 1990, Chapter 186
283 17A-2-1329, as last amended by Laws of Utah 2005, Chapter 233
284 17A-2-1330, as last amended by Laws of Utah 2007, Chapter 329
285 17A-2-1331, as renumbered and amended by Laws of Utah 1990, Chapter 186
286 17A-2-1332, as renumbered and amended by Laws of Utah 1990, Chapter 186
287 17A-3-401, as renumbered and amended by Laws of Utah 1990, Chapter 186
288 17A-3-402, as renumbered and amended by Laws of Utah 1990, Chapter 186
289 17A-3-403, as renumbered and amended by Laws of Utah 1990, Chapter 186
290 17A-3-404, as renumbered and amended by Laws of Utah 1990, Chapter 186
291 17A-3-405, as renumbered and amended by Laws of Utah 1990, Chapter 186
292 17A-3-406, as renumbered and amended by Laws of Utah 1990, Chapter 186
293 17A-3-407, as last amended by Laws of Utah 2003, Chapter 292
294 17A-3-408, as renumbered and amended by Laws of Utah 1990, Chapter 186
295 17A-3-409, as renumbered and amended by Laws of Utah 1990, Chapter 186
296 17A-3-410, as renumbered and amended by Laws of Utah 1990, Chapter 186
297 17A-3-411, as renumbered and amended by Laws of Utah 1990, Chapter 186
298 17A-3-412, as last amended by Laws of Utah 2000, Chapter 1
299 17A-3-413, as renumbered and amended by Laws of Utah 1990, Chapter 186
300 17A-3-414, as renumbered and amended by Laws of Utah 1990, Chapter 186
301 17A-3-801, as renumbered and amended by Laws of Utah 1990, Chapter 186
302 17A-3-802, as renumbered and amended by Laws of Utah 1990, Chapter 186
303 17A-3-803, as renumbered and amended by Laws of Utah 1990, Chapter 186
304 17A-3-804, as last amended by Laws of Utah 1997, Chapter 180

Text Box
- 11 - 305 17A-3-805, as last amended by Laws of Utah 2005, Chapter 39
306 17A-3-806, as renumbered and amended by Laws of Utah 1990, Chapter 186
307 17A-3-807, as renumbered and amended by Laws of Utah 1990, Chapter 186
308 17A-3-1201, as last amended by Laws of Utah 1993, Chapter 227
309 17A-3-1202, as renumbered and amended by Laws of Utah 1990, Chapter 186
310 17A-3-1203, as last amended by Laws of Utah 1993, Chapter 227
311 17A-3-1204, as last amended by Laws of Utah 1994, Chapter 146
312 17A-3-1205, as renumbered and amended by Laws of Utah 1990, Chapter 186
313 17A-3-1206, as last amended by Laws of Utah 1993, Chapter 227
314 17A-3-1301, as renumbered and amended by Laws of Utah 1990, Chapter 186
315 17A-3-1302, as renumbered and amended by Laws of Utah 1990, Chapter 186
316 17A-3-1303, as renumbered and amended by Laws of Utah 1990, Chapter 186
317 17A-3-1304, as renumbered and amended by Laws of Utah 1990, Chapter 186
318 17A-3-1305, as renumbered and amended by Laws of Utah 1990, Chapter 186
319 17A-3-1306, as renumbered and amended by Laws of Utah 1990, Chapter 186
320
321 Be it enacted by the Legislature of the state of Utah:
322 Section 1. Section 4-18-3 is amended to read:
323 4-18-3. Definitions.
324 As used in this chapter:
325 (1) "Alternate" means a substitute for a district supervisor if the district supervisor
326 cannot attend a meeting.
327 (2) (a) "Animal feeding operation" means a facility where animals, other than aquatic
328 animals, are stabled or confined and fed or maintained for a total of 45 days or more in any
329 12-month period.
330 (b) "Animal feeding operation" does not include an operation where animals are in
331 areas such as pastures or rangeland that sustain crops or forage growth during the entire time
332 the animals are present.
333 (3) "Commission" means the Conservation Commission created in Section 4-18-4 .
334 (4) "Comprehensive nutrient management plan" means a plan that identifies actions or
335 priorities that will be followed to meet clearly defined nutrient management goals at an animal

Text Box
- 12 - 336 feeding operation.
337 (5) "District" or " conservation district" [means a governmental subdivision of this
338 state organized under Title 17A, Chapter 3, Part 8, Conservation Districts] has the same
339 meaning as "conservation district" as defined in Section 17D-3-102 .
340 Section 2. Section 4-18-5 is amended to read:
341 4-18-5. Conservation commission -- Functions and duties.
342 (1) The commission shall:
343 (a) facilitate the development and implementation of the strategies and programs
344 necessary to protect, conserve, utilize, and develop the soil and water resources of the state;
345 (b) disseminate information regarding districts' activities and programs;
346 (c) supervise the formation, reorganization, or dissolution of districts according to the
347 requirements of Title [17A] 17D, Chapter 3, [Part 8,] Conservation [Districts] District Act;
348 (d) prescribe uniform accounting and recordkeeping procedures for districts and
349 require each district to submit annually an audit of its funds to the commission;
350 (e) approve and make loans for agricultural purposes, from the Agriculture Resource
351 Development Fund for:
352 (i) nonfederal rangeland improvement and management projects;
353 (ii) watershed protection and flood prevention projects;
354 (iii) agricultural cropland soil and water conservation projects; and
355 (iv) programs designed to promote energy efficient farming practices;
356 (f) administer federal or state funds in accordance with applicable federal or state
357 guidelines and make loans or grants from those funds to land occupiers for the conservation of
358 soil or water resources;
359 (g) seek to coordinate soil and water protection, conservation, and development
360 activities and programs of state agencies, local governmental units, other states, special interest
361 groups, and federal agencies; and
362 (h) plan watershed and flood control projects in cooperation with appropriate local,
363 state, and federal authorities and coordinate flood control projects in the state.
364 (2) The commission may:
365 (a) employ, with the approval of the department, an administrator and necessary
366 technical experts and employees;

Text Box
- 13 - 367 (b) execute contracts or other instruments necessary to exercise its powers;
368 (c) sue and be sued; and
369 (d) adopt rules, in accordance with Title 63, Chapter 46a, Utah Administrative
370 Rulemaking Act, necessary to carry out the powers and duties specified in Subsections (1)(d),
371 (e), (f), and (2)(b).
372 Section 3. Section 4-20-1.5 is amended to read:
373 4-20-1.5. State Grazing Advisory Board -- Duties.
374 (1) (a) There is created within the department the State Grazing Advisory Board.
375 (b) The commissioner shall appoint the following members:
376 (i) one member from each regional board;
377 (ii) one member from the Conservation Commission created in Section 4-18-4 ;
378 (iii) one representative of the Department of Natural Resources;
379 (iv) two livestock producers at-large; and
380 (v) one representative of the oil, gas, or mining industry.
381 (2) The term of office for a state board member is four years.
382 (3) Members of the state board shall elect a chair, who shall serve for two years.
383 (4) (a) (i) A member who is not a government employee may not receive compensation
384 or benefits for the member's service, but may receive per diem and expenses incurred in the
385 performance of the member's official duties at the rates established by the Division of Finance
386 under Sections 63A-3-106 and 63A-3-107 .
387 (ii) A member may decline to receive per diem and expenses for the member's service.
388 (b) (i) A state government officer and employee member who does not receive salary,
389 per diem, or expenses from the agency the member represents for the member's service may
390 receive per diem and expenses incurred in the performance of the member's official duties at
391 the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
392 (ii) A state government officer and employee member may decline to receive per diem
393 and expenses for the member's service.
394 (c) (i) A local government member who does not receive salary, per diem, or expenses
395 from the entity that the member represents for the member's service may receive per diem and
396 expenses incurred in the performance of the member's official duties at the rates established by
397 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .

Text Box
- 14 - 398 (ii) A local government member may decline to receive per diem and expenses for the
399 member's service.
400 (5) The state board shall:
401 (a) receive:
402 (i) advice and recommendations from a regional board concerning:
403 (A) management plans for public lands, state lands, and school and institutional trust
404 lands as defined in Section 53C-1-103 , within the regional board's region; and
405 (B) any issue that impacts grazing on private lands, public lands, state lands, or school
406 and institutional trust lands as defined in Section 53C-1-103 , in its region; and
407 (ii) requests for fund monies from the entities described in Subsections (5)(c)(i)
408 through (iv);
409 (b) recommend state policy positions and cooperative agency participation in federal
410 and state land management plans to the department and to the Public Lands Policy
411 Coordinating Office created under Section 63-38d-602 ; and
412 (c) advise the department on the requests and recommendations of:
413 (i) regional boards;
414 (ii) county weed control boards created under Section 4-17-4 ;
415 (iii) cooperative weed management associations; and
416 (iv) conservation districts created under the authority of Title [17A] 17D, Chapter 3,
417 [Part 8,] Conservation [Districts] District Act.
418 Section 4. Section 10-2-101 is amended to read:
419 10-2-101. Definitions.
420 (1) As used in this part:
421 (a) "Commission" means a boundary commission established under Section 10-2-409
422 for the county in which the property that is proposed to be incorporated is located.
423 (b) "Feasibility consultant" means a person or firm with expertise in the processes and
424 economics of local government.
425 (c) "Private," with respect to real property, means not owned by the United States or
426 any agency of the federal government, the state, a county, a municipality, a school district, a
427 local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, a
428 special service district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service

Text Box
- 15 - 429 District Act, or any other political subdivision or governmental entity of the state.
430 (2) For purposes of this part:
431 (a) the owner of real property shall be the record title owner according to the records of
432 the county recorder on the date of the filing of the request or petition; and
433 (b) the value of private real property shall be determined according to the last
434 assessment roll for county taxes before the filing of the request or petition.
435 (3) For purposes of each provision of this part that requires the owners of private real
436 property covering a percentage or fraction of the total private land area within an area to sign a
437 request or petition:
438 (a) a parcel of real property may not be included in the calculation of the required
439 percentage or fraction unless the request or petition is signed by:
440 (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
441 ownership interest in that parcel; or
442 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
443 of owners of that parcel;
444 (b) the signature of a person signing a request or petition in a representative capacity on
445 behalf of an owner is invalid unless:
446 (i) the person's representative capacity and the name of the owner the person represents
447 are indicated on the request or petition with the person's signature; and
448 (ii) the person provides documentation accompanying the request or petition that
449 substantiates the person's representative capacity; and
450 (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
451 request or petition on behalf of a deceased owner.
452 Section 5. Section 10-2-401 is amended to read:
453 10-2-401. Definitions -- Property owner provisions.
454 (1) As used in this part:
455 (a) "Affected entity" means:
456 (i) a county in whose unincorporated area the area proposed for annexation is located;
457 (ii) a local district under Title 17B, Limited Purpose Local Government Entities - Local
458 Districts, or special service district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special
459 Service District Act, whose boundaries include any part of an area proposed for annexation;

Text Box
- 16 - 460 (iii) a school district whose boundaries include any part of an area proposed for
461 annexation; and
462 (iv) a municipality whose boundaries are within 1/2 mile of an area proposed for
463 annexation.
464 (b) "Annexation petition" means a petition under Section 10-2-403 proposing the
465 annexation to a municipality of a contiguous, unincorporated area that is contiguous to the
466 municipality.
467 (c) "Commission" means a boundary commission established under Section 10-2-409
468 for the county in which the property that is proposed for annexation is located.
469 (d) "Expansion area" means the unincorporated area that is identified in an annexation
470 policy plan under Section 10-2-401.5 as the area that the municipality anticipates annexing in
471 the future.
472 (e) "Feasibility consultant" means a person or firm with expertise in the processes and
473 economics of local government.
474 (f) "Municipal selection committee" means a committee in each county composed of
475 the mayor of each municipality within that county.
476 (g) "Private," with respect to real property, means not owned by the United States or
477 any agency of the federal government, the state, a county, a municipality, a school district, a
478 local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, a
479 special service district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service
480 District Act, or any other political subdivision or governmental entity of the state.
481 (h) "Specified county" means a county of the second, third, fourth, fifth, or sixth class.
482 (i) "Urban development" means:
483 (i) a housing development with more than 15 residential units and an average density
484 greater than one residential unit per acre; or
485 (ii) a commercial or industrial development for which cost projections exceed
486 $750,000 for all phases.
487 (2) For purposes of this part:
488 (a) the owner of real property shall be the record title owner according to the records of
489 the county recorder on the date of the filing of the petition or protest; and
490 (b) the value of private real property shall be determined according to the last

Text Box
- 17 - 491 assessment roll for county taxes before the filing of the petition or protest.
492 (3) For purposes of each provision of this part that requires the owners of private real
493 property covering a percentage or majority of the total private land area within an area to sign a
494 petition or protest:
495 (a) a parcel of real property may not be included in the calculation of the required
496 percentage or majority unless the petition or protest is signed by:
497 (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
498 ownership interest in that parcel; or
499 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
500 of owners of that parcel;
501 (b) the signature of a person signing a petition or protest in a representative capacity on
502 behalf of an owner is invalid unless:
503 (i) the person's representative capacity and the name of the owner the person represents
504 are indicated on the petition or protest with the person's signature; and
505 (ii) the person provides documentation accompanying the petition or protest that
506 substantiates the person's representative capacity; and
507 (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
508 petition or protest on behalf of a deceased owner.
509 Section 6. Section 10-2-428 is amended to read:
510 10-2-428. Neither annexation nor boundary adjustment has an effect on the
511 boundaries of most local districts or special service districts.
512 Except as provided in Section 17B-1-416 and Subsection 17B-1-502 (2), the annexation
513 of an unincorporated area by a municipality or the adjustment of a boundary shared by
514 municipalities does not affect the boundaries of a local district under Title 17B, Limited
515 Purpose Local Government Entities - Local Districts, or a special service district under Title
516 [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service District Act.
517 Section 7. Section 10-8-85.9 is enacted to read:
518 CHAPTER 8. POWERS AND DUTIES OF MUNICIPALITIES
519 10-8-85.9. Preservation of historical areas and sites.
520 A municipality may:
521 (1) expend public funds to preserve, protect, or enhance an historical area or site;

Text Box
- 18 -

Senate 2nd Reading Amendments 2-25-2008 rd/rhr 522

(2) acquire an historical area or site by direct purchase, contract, lease, trade, or gift;
523 (3) obtain an easement or right-of-way across public or private property to S. [ insure ]
523a ensure .S
524 access or proper development of an historical area or site;
525 (4) protect an historical area or site;
526 (5) ensure proper development and utilization of land or an area adjacent to an
527 historical area or site; and
528 (6) enter into an agreement with a private individual for the right to purchase an
529 historical area or site if and when the private individual elects to sell or dispose of the owner's
530 property.
531 Section 8. Section 10-9a-103 is amended to read:
532 10-9a-103. Definitions.
533 As used in this chapter:
534 (1) "Affected entity" means a county, municipality, local district, special service
535 district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service District Act,
536 school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal
537 Cooperation Act, specified public utility, a property owner, a property owners association, or
538 the Utah Department of Transportation, if:
539 (a) the entity's services or facilities are likely to require expansion or significant
540 modification because of an intended use of land;
541 (b) the entity has filed with the municipality a copy of the entity's general or long-range
542 plan; or
543 (c) the entity has filed with the municipality a request for notice during the same
544 calendar year and before the municipality provides notice to an affected entity in compliance
545 with a requirement imposed under this chapter.
546 (2) "Appeal authority" means the person, board, commission, agency, or other body
547 designated by ordinance to decide an appeal of a decision of a land use application or a
548 variance.
549 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
550 residential property if the sign is designed or intended to direct attention to a business, product,
551 or service that is not sold, offered, or existing on the property where the sign is located.
552 (4) "Charter school" includes:

Text Box
- 19 - 553 (a) an operating charter school;
554 (b) a charter school applicant that has its application approved by a chartering entity in
555 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
556 (c) an entity who is working on behalf of a charter school or approved charter applicant
557 to develop or construct a charter school building.
558 (5) "Chief executive officer" means the:
559 (a) mayor in municipalities operating under all forms of municipal government except
560 the council-manager form; or
561 (b) city manager in municipalities operating under the council-manager form of
562 municipal government.
563 (6) "Conditional use" means a land use that, because of its unique characteristics or
564 potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
565 compatible in some areas or may be compatible only if certain conditions are required that
566 mitigate or eliminate the detrimental impacts.
567 (7) "Constitutional taking" means a governmental action that results in a taking of
568 private property so that compensation to the owner of the property is required by the:
569 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
570 (b) Utah Constitution Article I, Section 22.
571 (8) "Culinary water authority" means the department, agency, or public entity with
572 responsibility to review and approve the feasibility of the culinary water system and sources for
573 the subject property.
574 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
575 or more of a person's major life activities, including a person having a record of such an
576 impairment or being regarded as having such an impairment.
577 (b) "Disability" does not include current illegal use of, or addiction to, any federally
578 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
579 802.
580 (10) "Elderly person" means a person who is 60 years old or older, who desires or
581 needs to live with other elderly persons in a group setting, but who is capable of living
582 independently.
583 (11) "Fire authority" means the department, agency, or public entity with responsibility

Text Box
- 20 - 584 to review and approve the feasibility of fire protection and suppression services for the subject
585 property.
586 (12) "General plan" means a document that a municipality adopts that sets forth general
587 guidelines for proposed future development of the land within the municipality.
588 (13) "Identical plans" means building plans submitted to a municipality that are
589 substantially identical to building plans that were previously submitted to and reviewed and
590 approved by the municipality and describe a building that is:
591 (a) located on land zoned the same as the land on which the building described in the
592 previously approved plans is located; and
593 (b) subject to the same geological and meteorological conditions and the same law as
594 the building described in the previously approved plans.
595 (14) "Land use application" means an application required by a municipality's land use
596 ordinance.
597 (15) "Land use authority" means a person, board, commission, agency, or other body
598 designated by the local legislative body to act upon a land use application.
599 (16) "Land use ordinance" means a planning, zoning, development, or subdivision
600 ordinance of the municipality, but does not include the general plan.
601 (17) "Land use permit" means a permit issued by a land use authority.
602 (18) "Legislative body" means the municipal council.
603 (19) "Local district" means an entity under Title 17B, Limited Purpose Local
604 Government Entities - Local Districts, and any other governmental or quasi-governmental
605 entity that is not a county, municipality, school district, or unit of the state.
606 (20) "Lot line adjustment" means the relocation of the property boundary line in a
607 subdivision between two adjoining lots with the consent of the owners of record.
608 (21) "Moderate income housing" means housing occupied or reserved for occupancy
609 by households with a gross household income equal to or less than 80% of the median gross
610 income for households of the same size in the county in which the city is located.
611 (22) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
612 spent and expenses incurred in:
613 (a) verifying that building plans are identical plans; and
614 (b) reviewing and approving those minor aspects of identical plans that differ from the

Text Box
- 21 - 615 previously reviewed and approved building plans.
616 (23) "Noncomplying structure" means a structure that:
617 (a) legally existed before its current land use designation; and
618 (b) because of one or more subsequent land use ordinance changes, does not conform
619 to the setback, height restrictions, or other regulations, excluding those regulations, which
620 govern the use of land.
621 (24) "Nonconforming use" means a use of land that:
622 (a) legally existed before its current land use designation;
623 (b) has been maintained continuously since the time the land use ordinance governing
624 the land changed; and
625 (c) because of one or more subsequent land use ordinance changes, does not conform
626 to the regulations that now govern the use of the land.
627 (25) "Official map" means a map drawn by municipal authorities and recorded in a
628 county recorder's office that:
629 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
630 highways and other transportation facilities;
631 (b) provides a basis for restricting development in designated rights-of-way or between
632 designated setbacks to allow the government authorities time to purchase or otherwise reserve
633 the land; and
634 (c) has been adopted as an element of the municipality's general plan.
635 (26) "Person" means an individual, corporation, partnership, organization, association,
636 trust, governmental agency, or any other legal entity.
637 (27) "Plan for moderate income housing" means a written document adopted by a city
638 legislative body that includes:
639 (a) an estimate of the existing supply of moderate income housing located within the
640 city;
641 (b) an estimate of the need for moderate income housing in the city for the next five
642 years as revised biennially;
643 (c) a survey of total residential land use;
644 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
645 income housing; and

Text Box
- 22 - 646 (e) a description of the city's program to encourage an adequate supply of moderate
647 income housing.
648 (28) "Plat" means a map or other graphical representation of lands being laid out and
649 prepared in accordance with Section 10-9a-603 , 17-23-17 , or 57-8-13 .
650 (29) "Public hearing" means a hearing at which members of the public are provided a
651 reasonable opportunity to comment on the subject of the hearing.
652 (30) "Public meeting" means a meeting that is required to be open to the public under
653 Title 52, Chapter 4, Open and Public Meetings Act.
654 (31) "Record of survey map" means a map of a survey of land prepared in accordance
655 with Section 17-23-17 .
656 (32) "Receiving zone" means an area of a municipality that the municipality's land use
657 authority designates as an area in which an owner of land may receive transferrable
658 development rights.
659 (33) "Residential facility for elderly persons" means a single-family or multiple-family
660 dwelling unit that meets the requirements of Section 10-9a-516 , but does not include a health
661 care facility as defined by Section 26-21-2 .
662 (34) "Residential facility for persons with a disability" means a residence:
663 (a) in which more than one person with a disability resides; and
664 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
665 Chapter 2, Licensure of Programs and Facilities; or
666 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
667 Health Care Facility Licensing and Inspection Act.
668 (35) "Sanitary sewer authority" means the department, agency, or public entity with
669 responsibility to review and approve the feasibility of sanitary sewer services or onsite
670 wastewater systems.
671 (36) "Sending zone" means an area of a municipality that the municipality's land use
672 authority designates as an area from which an owner of land may transfer transferrable
673 development rights to an owner of land in a receiving zone.
674 (37) "Specified public utility" means an electrical corporation, gas corporation, or
675 telephone corporation, as those terms are defined in Section 54-2-1 .
676 (38) "Street" means a public right-of-way, including a highway, avenue, boulevard,

Text Box
- 23 - 677 parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
678 way.
679 (39) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
680 divided into two or more lots, parcels, sites, units, plots, or other division of land for the
681 purpose, whether immediate or future, for offer, sale, lease, or development either on the
682 installment plan or upon any and all other plans, terms, and conditions.
683 (b) "Subdivision" includes:
684 (i) the division or development of land whether by deed, metes and bounds description,
685 devise and testacy, map, plat, or other recorded instrument; and
686 (ii) except as provided in Subsection (39)(c), divisions of land for residential and
687 nonresidential uses, including land used or to be used for commercial, agricultural, and
688 industrial purposes.
689 (c) "Subdivision" does not include:
690 (i) a bona fide division or partition of agricultural land for the purpose of joining one of
691 the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
692 neither the resulting combined parcel nor the parcel remaining from the division or partition
693 violates an applicable land use ordinance;
694 (ii) a recorded agreement between owners of adjoining unsubdivided properties
695 adjusting their mutual boundary if:
696 (A) no new lot is created; and
697 (B) the adjustment does not violate applicable land use ordinances;
698 (iii) a recorded document, executed by the owner of record:
699 (A) revising the legal description of more than one contiguous unsubdivided parcel of
700 property into one legal description encompassing all such parcels of property; or
701 (B) joining a subdivided parcel of property to another parcel of property that has not
702 been subdivided, if the joinder does not violate applicable land use ordinances; or
703 (iv) a recorded agreement between owners of adjoining subdivided properties adjusting
704 their mutual boundary if:
705 (A) no new dwelling lot or housing unit will result from the adjustment; and
706 (B) the adjustment will not violate any applicable land use ordinance.
707 (d) The joining of a subdivided parcel of property to another parcel of property that has

Text Box
- 24 - 708 not been subdivided does not constitute a subdivision under this Subsection (39) as to the
709 unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
710 subdivision ordinance.
711 (40) "Transferrable development right" means the entitlement to develop land within a
712 sending zone that would vest according to the municipality's existing land use ordinances on
713 the date that a completed land use application is filed seeking the approval of development
714 activity on the land.
715 (41) "Unincorporated" means the area outside of the incorporated area of a city or
716 town.
717 (42) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
718 land use zones, overlays, or districts.
719 Section 9. Section 10-15-4 is amended to read:
720 10-15-4. Powers of legislative body of municipality.
721 The legislative body of the municipalities of this state shall have the power:
722 (1) to establish pedestrian malls;
723 (2) to prohibit, in whole or in part, vehicular traffic on a pedestrian mall;
724 (3) to pay from the general funds of the municipality, or from other available money, or
725 from the proceeds of assessments levied on land benefited by the establishment of a pedestrian
726 mall, the damages, if any, allowed or awarded to any property owner by reason of the
727 establishment of the pedestrian mall;
728 (4) to acquire, construct, and maintain on the municipality's streets which are
729 established as a pedestrian mall, improvements of any kind or nature necessary or convenient
730 to the operation of such streets as a pedestrian mall, included but not limited to paving,
731 sidewalks, curbs, gutters, sewers, drainage works, lighting facilities, fire protection facilities,
732 flood protection facilities, water distribution facilities, vehicular parking areas, retaining walls,
733 landscaping, tree planting, statuaries, fountains, decorative structures, benches, rest rooms,
734 child care facilities, display facilities, information booths, public assembly facilities, and other
735 structures, works or improvements necessary or convenient to serve members of the public
736 using such pedestrian malls, including the reconstruction or relocation of existing municipally
737 owned works, improvements, or facilities on such municipal streets; which foregoing changes
738 or any portions thereof, are referred to in this act as "improvements";

Text Box
- 25 -

Senate 2nd Reading Amendments 2-25-2008 rd/rhr 739

(5) to pay from the general funds of the municipality or other available moneys, or
740 from the proceeds of assessments levied on property benefited by any such improvements, or
741 from the proceeds of special improvement warrants or bonds, the whole or any portion of the
742 costs of acquisition, construction, and maintenance of such improvements in accordance with
743 the provisions of Title [17A] 11, Chapter [3, Part 3, Utah Municipal Improvement District] 42,
744 Assessment Area Act, relating to special improvement assessments; and
745 (6) to do any and all other acts or things necessary or convenient for the
746 accomplishment of the purposes of this S. [ act ] chapter .S .
747 Section 10. Section 10-15-6 is amended to read:
748 10-15-6. Public hearing -- Finance requirements.
749 The designation of any street as a "mall" shall be by ordinance passed and published
750 after full investigation and ample public hearing into the necessity and advisability of the
751 creation of a mall. The ordinance shall designate the manner in which the project is to be
752 financed, and, if financed by levy of special taxes or special improvement warrants or bonds,
753 shall be in accordance with the provisions of Title [17A] 11, Chapter [3, Part 3, Utah
754 Municipal Improvement District] 42, Assessment Area Act.
755 Section 11. Section 11-14-102 is amended to read:
756 11-14-102. Definitions.
757 For the purpose of this chapter:
758 (1) "Bond" means any bond authorized to be issued under this chapter, including
759 municipal bonds.
760 (2) "Election results" has the same meaning as defined in Section 20A-1-102 .
761 (3) "Governing body" means:
762 (a) for a county, city, or town, the legislative body of the county, city, or town;
763 (b) for a local district, the board of trustees of the local district;
764 (c) for a school district, the local board of education; or
765 (d) for a special service district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1,
766 Special Service District Act:
767 (i) the governing body of the county or municipality that created the special service
768 district, if no administrative control board has been established under Section [ 17A-2-1326 ]
769 17D-1-301 ; or

Text Box
- 26 - 770 (ii) the administrative control board, if one has been established under Section
771 [ 17A-2-1326 ] 17D-1-301 and the power to issue bonds not payable from taxes has been
772 delegated to the administrative control board.
773 (4) "Local district" means a district operating under Title 17B, Limited Purpose Local
774 Government Entities - Local Districts.
775 (5) (a) "Local political subdivision" means a county, city, town, school district, local
776 district, or special service district.
777 (b) "Local political subdivision" does not include the state and its institutions.
778 Section 12. Section 11-17-3 is amended to read:
779 11-17-3. Powers of municipalities, counties, and state universities.
780 (1) Each municipality, county, and state university may:
781 (a) finance or acquire, whether by construction, purchase, devise, gift, exchange, or
782 lease, or any one or more of those methods, and construct, reconstruct, improve, maintain,
783 equip, and furnish or fund one or more projects, which shall be located within this state, and
784 which shall be located within, or partially within, the municipality or county or within the
785 county within which a state university is located, unless an agreement under the Interlocal
786 Cooperation Act has been entered into as authorized by Subsection (5), except that if a
787 governing body finds, by resolution, that the effects of international trade practices have been
788 or will be adverse to Utah manufacturers of industrial products and, therefore, it is desirable to
789 finance a project in order to maintain or enlarge domestic or foreign markets for Utah industrial
790 products, a project may consist of the financing on behalf of a user of the costs of acquiring
791 industrial products manufactured in, and which are to be exported from, the state;
792 (b) finance for, sell, lease, contract the management of, or otherwise dispose of to, any
793 person, firm, partnership, or corporation, either public or private, including without limitation
794 any person, firm, partnership, or corporation engaged in business for a profit, any or all of its
795 projects upon the terms and conditions as the governing body considers advisable and which do
796 not conflict with this chapter;
797 (c) issue revenue bonds for the purpose of defraying the cost of financing, acquiring,
798 constructing, reconstructing, improving, maintaining, equipping, furnishing, or funding any
799 project and secure the payment of the bonds as provided in this chapter, which revenue bonds
800 may be issued in one or more series or issues where considered advisable, and each series or

Text Box
- 27 -

Senate 2nd Reading Amendments 2-25-2008 rd/rhr 801

issue may contain different maturity dates, interest rates, priorities on securities available for
802 guaranteeing payment of them, and other differing terms and conditions considered necessary
803 and not in conflict with this chapter;
804 (d) (i) grant options to renew any lease with respect to any project and to buy any
805 project at a price the governing body considers desirable; and
806 (ii) sell and convey any real or personal property acquired under Subsection (1)(a) at
807 public or private sale, and make an order respecting the sale considered conducive to the best
808 interests of the municipality, county, or state university, the sale or conveyance to be subject to
809 the terms of any lease but to be free and clear of any other encumbrance;
810 (e) establish, acquire, develop, maintain, and operate industrial parks; and
811 (f) offer to the holders of its bonds issued pursuant to this chapter the right, where its
812 governing body considers it appropriate, to convert the bonds or some portion of the bond
813 obligation into an equity position in some or all of the assets developed with the proceeds of
814 the bond offering.
815 (2) An economic development or new venture investment fund shall be considered to
816 be located in the municipality or county where its headquarters is located or where any office of
817 it is located, as long as it is headquartered within the state. It need not make all of its
818 investments within the state S. [ of Utah ] .S or such county or municipality, so long as it locates within
819 the state S. [ of Utah ] .S or such county or municipality its headquarters where its actual investment
820 decisions and management functions occur and agrees to, and does, limit the aggregate amount
821 of its investments in companies located outside the state S. [ of Utah ] .S to an amount which in the
822 aggregate does not exceed the aggregate amount of investments made by institutions and funds
823 located outside the state S. [ of Utah ] .S in companies headquartered in Utah which the locally
824 managed fund has sponsored or in which it has invested and which it has brought to the
825 attention of investors outside the state S. [ of Utah ] .S . For purposes of enabling an offering of bonds
826 to fund such a fund, a certification of an executive managerial officer of the manager of said
827 fund of the intention to comply with this provision may be relied upon. Each fund shall at least
828 annually certify to the governmental offeror of such bonds its compliance with this provision.
829 (3) Before any municipality, county, or state university issues revenue bonds under this
830 chapter for the purpose of defraying the cost of acquiring, constructing, reconstructing,
831 improving, maintaining, equipping, or furnishing any industrial park project, the governing

Text Box
- 28 - 832 body of the state university, county, or municipality shall adopt and establish a plan of
833 development for the tracts of land to constitute the industrial park and shall, by resolution, find
834 that the project for the establishment of the industrial park is well conceived and has a
835 reasonable prospect of success, that the project will tend to provide proper economic
836 development of the municipality or county and will encourage industry to locate within or near
837 the municipality or county or, in the case of state universities, will further, through industrial
838 research and development, the instructional progress of the state university. There may be
839 included as a part of any plan of development for any industrial park zoning regulations,
840 restrictions on usage of sites within the boundaries of the industrial park, minimum size of
841 sites, parking and loading regulations, and methods for the providing and furnishing of police
842 and fire protection and for the furnishing of other municipal or county services which are
843 considered necessary in order to provide for the maintenance of the public health and safety. If
844 any water or sewerage facilities are to be acquired as part of the development of the land for an
845 industrial park under this chapter, water and sewerage facilities may be acquired as part of the
846 issue of bonds issued under this chapter, through the issuance of bonds payable from water and
847 sewer charges in the manner as is now or as may hereafter be provided by law, in combination
848 with an issue of refunding bonds, in combination with an issue of bonds upon the consent of
849 the holders of outstanding bonds issued for the same purpose, in combination with bonds
850 issued for the purposes of financing water and sewer facilities which will not be a part of an
851 industrial park, or in any combination of the foregoing. Any municipality, county, or state
852 university establishing an industrial park may lease any land acquired and developed as part of
853 an industrial park to one or more lessees. The lessee may sublease all or a portion of the land
854 so leased from the municipality or county. Municipalities, counties, and state universities may
855 sell or lease land in connection with the establishment, acquisition, development, maintenance,
856 and operation of an industrial park project. Any such lease or sale of land shall be undertaken
857 only after the adoption by the governing body of a resolution authorizing the lease or sale of the
858 land for industrial park purposes.
859 (4) (a) No municipality, county, or state university may operate any project referred to
860 in this section, as a business or in any other manner except as the lessor or administrator of it,
861 nor may it acquire any such project, or any part of it, by condemnation. This prohibition does
862 not apply to projects involving research conducted, administered, or managed by a state

Text Box
- 29 - 863 university.
864 (b) No municipality, county, or state university may, under this chapter, acquire or
865 lease projects, or issue revenue bonds for the purpose of defraying the cost of any project or
866 part of it, used for the generation, transmission, or distribution of electric energy beyond the
867 project site, or the production, transmission, or distribution of natural gas, except for any
868 project defined in Subsection 11-17-2 (8)(b) or (d).
869 (5) Each municipality, county, and state university may enter, either before or after the
870 bonds have been issued, into interlocal agreements under Title 11, Chapter 13, Interlocal
871 Cooperation Act, with one or more municipalities, counties, state universities, or special
872 service districts created pursuant to Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special
873 Service District Act, in order to accomplish economies of scale or other cost savings and any
874 other additional purposes to be specified in the interlocal agreement, for the issuance of bonds
875 under this chapter on behalf of all of the signatories to the interlocal agreement by one of the
876 municipalities, counties, or state universities which is a signatory to the interlocal agreement
877 for the financing or acquisition of projects qualifying as a project under Subsection 11-17-2 (8).
878 For all purposes of Section 11-13-207 the signatory to the interlocal agreement designated as
879 the issuer of the bonds constitutes the administrator of the interlocal agreement.
880 (6) Subsection (4) to the contrary notwithstanding, the governing body of any state
881 university owning or desiring to own facilities or administer projects described in Subsection
882 11-17-2 (8) may:
883 (a) become a signatory to the interlocal agreement provided for in Subsection (5);
884 (b) enter into a separate security agreement with the issuer of the bonds, as provided in
885 Section 11-17-5 for the financing or acquisition of a project under Subsection 11-17-2 (8) to be
886 owned by the state university;
887 (c) enter into agreements to secure the obligations of the state university under a
888 security agreement entered into under Subsection (6)(b), or to provide liquidity for such
889 obligations including, without limitation, letter of credit agreements with banking institutions
890 for letters of credit or for standby letters of credit, reimbursement agreements with financial
891 institutions, line of credit agreements, standby bond purchase agreements, and to provide for
892 payment of fees, charges, and other amounts coming due under the agreements entered into
893 under the authority contained in this Subsection (6)(c);

Text Box
- 30 - 894 (d) provide in security agreements entered into under Subsection (6)(b) and in
895 agreements entered into under Subsection (6)(c) that the obligations of the state university
896 under an agreement shall be special obligations payable solely from the revenues derived from
897 the operation or management of the project, owned by the state university and from net profits
898 from proprietary activities and any other revenues pledged other than appropriations by the
899 Utah Legislature, and the governing body of the state university shall pledge all or any part of
900 such revenues to the payment of its obligations under an agreement; and
901 (e) in order to secure the prompt payment of the obligations of the state university
902 under a security agreement entered into under Subsection (6)(b) or an agreement entered into
903 under Subsection (6)(c) and the proper application of the revenues pledged to them, covenant
904 and provide appropriate provisions in an agreement to the extent permitted and provided for
905 under Section 53B-21-102 .
906 (7) Subsection (4) to the contrary notwithstanding, the governing body of any
907 municipality, county, or special service district owning, desiring to own, or administering
908 projects or facilities described in Subsection 11-17-2 (8) may:
909 (a) become a signatory to the interlocal agreement provided for in Subsection (5);
910 (b) enter into a separate security agreement with the issuer of the bonds, as provided in
911 Section 11-17-5 , for the financing or acquisition of a project under Subsection 11-17-2 (8) to be
912 owned by the municipality, county, or special service district, as the case may be, except that
913 no municipality, county, or special service district may mortgage the facilities so financed or
914 acquired;
915 (c) enter into agreements to secure the obligations of the municipality, county, or
916 special service district, as the case may be, under a security agreement entered into under
917 Subsection (7)(b), or to provide liquidity for such obligations including, without limitation,
918 letter of credit agreements with banking institutions for letters of credit or for standby letters of
919 credit, reimbursement agreements with financial institutions, line of credit agreements, standby
920 bond purchase agreements, and to provide for payment of fees, charges, and other amounts
921 coming due under the agreements entered into under the authority contained in this Subsection
922 (7)(c);
923 (d) provide in security agreements entered into under Subsection (7)(b) and in
924 agreements entered into under Subsection (7)(c) that the obligations of the municipality,

Text Box
- 31 - 925 county, or special service district, as the case may be, under an agreement shall be special
926 obligations payable solely from the revenues derived from the operation or management of the
927 project, owned by the municipality, county, or special service district, as the case may be, and
928 the governing body of the municipality, county, or special service district, as the case may be,
929 shall pledge all or any part of such revenues to the payment of its obligations under an
930 agreement; and
931 (e) in order to secure the prompt payment of obligations under a security agreement
932 entered into under Subsection (7)(b) or an agreement entered into under Subsection (7)(c) and
933 the proper application of the revenues pledged to them, covenant and provide appropriate
934 provisions in an agreement to the extent permitted and provided for with respect to revenue
935 obligations under Section 11-14-306 .
936 (8) In connection with the issuance of bonds under this chapter, a municipality, county,
937 or state university:
938 (a) may provide for the repurchase of bonds tendered by their owners and may enter
939 into an agreement to provide liquidity for such repurchases, including a letter of credit
940 agreement, line of credit agreement, standby bond purchase agreement, or other type of
941 liquidity agreement;
942 (b) may enter into remarketing, indexing, tender agent, or other agreements incident to
943 the financing of the project or the performance of the issuer's obligations relative to the bonds;
944 and
945 (c) may provide for payment of fees, charges, and other amounts coming due under the
946 agreements entered into pursuant to authority contained in Subsection (6).
947 Section 13. Section 11-27-2 is amended to read:
948 11-27-2. Definitions.
949 As used in this chapter:
950 (1) "Advance refunding bonds" means refunding bonds issued for the purpose of
951 refunding outstanding bonds in advance of their maturity.
952 (2) "Assessments" means a special tax levied against property within a special
953 improvement district to pay all or a portion of the costs of making improvements in the district.
954 (3) "Bond" means any revenue bond, general obligation bond, tax increment bond,
955 special improvement bond, local building authority bond, or refunding bond.

Text Box
- 32 - 956 (4) "General obligation bond" means any bond, note, warrant, certificate of
957 indebtedness, or other obligation of a public body payable in whole or in part from revenues
958 derived from ad valorem taxes and that constitutes an indebtedness within the meaning of any
959 applicable constitutional or statutory debt limitation.
960 (5) "Governing body" means the council, commission, county legislative body, board
961 of directors, board of trustees, board of education, board of regents, or other legislative body of
962 a public body designated in this chapter that is vested with the legislative powers of the public
963 body, and, with respect to the state, the State Bonding Commission created by Section
964 63B-1-201 .
965 (6) "Government obligations" means:
966 (a) direct obligations of the United States of America, or other securities, the principal
967 of and interest on which are unconditionally guaranteed by the United States of America; or
968 (b) obligations of any state, territory, or possession of the United States, or of any of
969 the political subdivisions of any state, territory, or possession of the United States, or of the
970 District of Columbia described in Section 103(a), Internal Revenue Code of 1986.
971 (7) "Issuer" means the public body issuing any bond or bonds.
972 (8) "Public body" means the state or any agency, authority, instrumentality, or
973 institution of the state, or any municipal or quasi-municipal corporation, political subdivision,
974 agency, school district, local district, special service district, or other governmental entity now
975 or hereafter existing under the laws of the state.
976 (9) "Refunding bonds" means bonds issued under the authority of this chapter for the
977 purpose of refunding outstanding bonds.
978 (10) "Resolution" means a resolution of the governing body of a public body taking
979 formal action under this chapter.
980 (11) "Revenue bond" means any bond, note, warrant, certificate of indebtedness, or
981 other obligation for the payment of money issued by a public body or any predecessor of any
982 public body and that is payable from designated revenues not derived from ad valorem taxes or
983 from a special fund composed of revenues not derived from ad valorem taxes, but excluding all
984 of the following:
985 (a) any obligation constituting an indebtedness within the meaning of any applicable
986 constitutional or statutory debt limitation;

Text Box
- 33 - 987 (b) any obligation issued in anticipation of the collection of taxes, where the entire
988 issue matures not later than one year from the date of the issue; and
989 (c) any special improvement bond.
990 (12) "Special improvement bond" means any bond, note, warrant, certificate of
991 indebtedness, or other obligation of a public body or any predecessor of any public body that is
992 payable from assessments levied on benefitted property and from any special improvement
993 guaranty fund.
994 (13) "Special improvement guaranty fund" means any special improvement guaranty
995 fund established under Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah Cities;
996 Title [17A] 11, Chapter [3, Part 2, County Improvement Districts] 42, Assessment Area Act; or
997 any predecessor or similar statute.
998 (14) "Tax increment bond" means any bond, note, warrant, certificate of indebtedness,
999 or other obligation of a public body issued under authority of Title 17C, Limited Purpose Local
1000 Government Entities - Community Development and Renewal Agencies.
1001 Section 14. Section 11-32-2 is amended to read:
1002 11-32-2. Definitions.
1003 As used in this chapter:
1004 (1) "Assignment agreement" means the agreement, security agreement, indenture, or
1005 other documentation by which the county transfers the delinquent tax receivables to the
1006 authority in consideration of the amounts paid by the authority under the assignment
1007 agreement, as provided in this chapter.
1008 (2) "Bonds" means any bonds, notes, or other evidence of indebtedness of the financing
1009 authority issued under this chapter.
1010 (3) "Delinquent tax receivables" means those ad valorem tangible property taxes levied
1011 within any county, for any year, which remain unpaid and owing the participant members
1012 within the county, as of January 15 of the following year, plus any interest and penalties
1013 accruing or assessed to them.
1014 (4) "Financing authority" or "authority" means a nonprofit corporation organized under
1015 this chapter by a county on behalf of the participant members within the county as the
1016 financing authority for the participant members solely for the purpose of financing the
1017 assignment of the delinquent tax receivables of the participant members for which it was

Text Box
- 34 -

Senate 2nd Reading Amendments 2-25-2008 rd/rhr 1018

created.
1019 (5) "Governing body" means the council, commission, county legislative body, board
1020 of education, board of trustees, or any other governing entity of a public body in which the
1021 legislative powers of the public body are vested.
1022 (6) "Participant members" means those public bodies, including the county, the
1023 governing bodies of which approve the creation of an authority as provided in Section 11-32-3
1024 and on whose behalf the authority acts.
1025 (7) "Public body" means any city, town, county, school district, special service district,
1026 [water and sewer improvement] local district, [redevelopment] community development and
1027 renewal agency, [parking and business improvement district, fire protection district, special
1028 service area, metropolitan water district, water conservancy district,] or any other entity entitled
1029 to receive ad valorem property taxes, existing under the laws of the state S. [ of Utah ] .S .
1030 Section 15. Section 11-36-102 is amended to read:
1031 11-36-102. Definitions.
1032 As used in this chapter:
1033 (1) "Building permit fee" means the fees charged to enforce the uniform codes adopted
1034 pursuant to Title 58, Chapter 56, Utah Uniform Building Standards Act, that are not greater
1035 than the fees indicated in the appendix to the International Building Code.
1036 (2) "Capital facilities plan" means the plan required by Section 11-36-201 .
1037 (3) "Development activity" means any construction or expansion of a building,
1038 structure, or use, any change in use of a building or structure, or any changes in the use of land
1039 that creates additional demand and need for public facilities.
1040 (4) "Development approval" means any written authorization from a local political
1041 subdivision that authorizes the commencement of development activity.
1042 (5) "Enactment" means:
1043 (a) a municipal ordinance, for municipalities;
1044 (b) a county ordinance, for counties; and
1045 (c) a governing board resolution, for local districts or special service districts.
1046 (6) "Hookup fees" means reasonable fees, not in excess of the approximate average
1047 costs to the political subdivision, for services provided for and directly attributable to the
1048 connection to utility services, including gas, water, sewer, power, or other municipal, county,

Text Box
- 35 - 1049 local district, or special service district utility services.
1050 (7) (a) "Impact fee" means a payment of money imposed upon development activity as
1051 a condition of development approval.
1052 (b) "Impact fee" does not mean a tax, a special assessment, a building permit fee, a
1053 hookup fee, a fee for project improvements, or other reasonable permit or application fee.
1054 (8) (a) "Local political subdivision" means a county, a municipality, a local district
1055 under Title 17B, Limited Purpose Local Government Entities - Local Districts, or a special
1056 service district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service District
1057 Act.
1058 (b) "Local political subdivision" does not mean school districts, whose impact fee
1059 activity is governed by Section 53A-20-100.5 .
1060 (9) "Private entity" means an entity with private ownership that provides culinary water
1061 that is required to be used as a condition of development.
1062 (10) (a) "Project improvements" means site improvements and facilities that are:
1063 (i) planned and designed to provide service for development resulting from a
1064 development activity; and
1065 (ii) necessary for the use and convenience of the occupants or users of development
1066 resulting from a development activity.
1067 (b) "Project improvements" does not mean system improvements.
1068 (11) "Proportionate share" means the cost of public facility improvements that are
1069 roughly proportionate and reasonably related to the service demands and needs of any
1070 development activity.
1071 (12) "Public facilities" means only the following capital facilities that have a life
1072 expectancy of ten or more years and are owned or operated by or on behalf of a local political
1073 subdivision or private entity:
1074 (a) water rights and water supply, treatment, and distribution facilities;
1075 (b) wastewater collection and treatment facilities;
1076 (c) storm water, drainage, and flood control facilities;
1077 (d) municipal power facilities;
1078 (e) roadway facilities;
1079 (f) parks, recreation facilities, open space, and trails; and

Text Box
- 36 - 1080 (g) public safety facilities.
1081 (13) (a) "Public safety facility" means:
1082 (i) a building constructed or leased to house police, fire, or other public safety entities;
1083 or
1084 (ii) a fire suppression vehicle with a ladder reach of at least 75 feet, costing in excess of
1085 $1,250,000, that is necessary for fire suppression in commercial areas with one or more
1086 buildings at least five stories high.
1087 (b) "Public safety facility" does not mean a jail, prison, or other place of involuntary
1088 incarceration.
1089 (14) (a) "Roadway facilities" means streets or roads that have been designated on an
1090 officially adopted subdivision plat, roadway plan, or general plan of a political subdivision,
1091 together with all necessary appurtenances.
1092 (b) "Roadway facilities" includes associated improvements to federal or state roadways
1093 only when the associated improvements:
1094 (i) are necessitated by the new development; and
1095 (ii) are not funded by the state or federal government.
1096 (c) "Roadway facilities" does not mean federal or state roadways.
1097 (15) (a) "Service area" means a geographic area designated by a local political
1098 subdivision on the basis of sound planning or engineering principles in which a defined set of
1099 public facilities provide service within the area.
1100 (b) "Service area" may include the entire local political subdivision.
1101 (16) (a) "System improvements" means:
1102 (i) existing public facilities that are designed to provide services to service areas within
1103 the community at large; and
1104 (ii) future public facilities identified in a capital facilities plan that are intended to
1105 provide services to service areas within the community at large.
1106 (b) "System improvements" does not mean project improvements.
1107 Section 16. Section 11-36-201 is amended to read:
1108 11-36-201. Impact fees -- Analysis -- Capital facilities plan -- Notice of plan --
1109 Summary -- Exemptions.
1110 (1) (a) Each local political subdivision and private entity shall comply with the

Text Box
- 37 - 1111 requirements of this chapter before establishing or modifying any impact fee.
1112 (b) A local political subdivision may not:
1113 (i) establish any new impact fees that are not authorized by this chapter; or
1114 (ii) impose or charge any other fees as a condition of development approval unless
1115 those fees are a reasonable charge for the service provided.
1116 (c) Notwithstanding any other requirements of this chapter, each local political
1117 subdivision shall ensure that each existing impact fee that is charged for any public facility not
1118 authorized by Subsection 11-36-102 (12) is repealed by July 1, 1995.
1119 (d) (i) Existing impact fees for public facilities authorized in Subsection 11-36-102 (12)
1120 that are charged by local political subdivisions need not comply with the requirements of this
1121 chapter until July 1, 1997.
1122 (ii) By July 1, 1997, each local political subdivision shall:
1123 (A) review any impact fees in existence as of the effective date of this act, and prepare
1124 and approve the analysis required by this section for each of those impact fees; and
1125 (B) ensure that the impact fees comply with the requirements of this chapter.
1126 (2) (a) Before imposing impact fees, each local political subdivision shall prepare a
1127 capital facilities plan.
1128 (b) (i) As used in this Subsection (2)(b):
1129 (A) (I) "Affected entity" means each county, municipality, local district under Title
1130 17B, Limited Purpose Local Government Entities - Local Districts, special service district
1131 under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service District Act, school
1132 district, interlocal cooperation entity established under Chapter 13, Interlocal Cooperation Act,
1133 and specified public utility:
1134 (Aa) whose services or facilities are likely to require expansion or significant
1135 modification because of the facilities proposed in the proposed capital facilities plan; or
1136 (Bb) that has filed with the local political subdivision or private entity a copy of the
1137 general or long-range plan of the county, municipality, local district, special service district,
1138 school district, interlocal cooperation entity, or specified public utility.
1139 (II) "Affected entity" does not include the local political subdivision or private entity
1140 that is required under this Subsection (2) to provide notice.
1141 (B) "Specified public utility" means an electrical corporation, gas corporation, or

Text Box
- 38 - 1142 telephone corporation, as those terms are defined in Section 54-2-1 .
1143 (ii) Before preparing a capital facilities plan for facilities proposed on land located
1144 within a county of the first or second class, each local political subdivision and each private
1145 entity shall provide written notice, as provided in this Subsection (2)(b), of its intent to prepare
1146 a capital facilities plan.
1147 (iii) Each notice under Subsection (2)(b)(ii) shall:
1148 (A) indicate that the local political subdivision or private entity intends to prepare a
1149 capital facilities plan;
1150 (B) describe or provide a map of the geographic area where the proposed capital
1151 facilities will be located;
1152 (C) be sent to:
1153 (I) each county in whose unincorporated area and each municipality in whose
1154 boundaries is located the land on which the proposed facilities will be located;
1155 (II) each affected entity;
1156 (III) the Automated Geographic Reference Center created in Section 63F-1-506 ;
1157 (IV) the association of governments, established pursuant to an interlocal agreement
1158 under Title 11, Chapter 13, Interlocal Cooperation Act, in which the facilities are proposed to
1159 be located; and
1160 (V) the state planning coordinator appointed under Section 63-38d-202 ; and
1161 (D) with respect to the notice to affected entities, invite the affected entities to provide
1162 information for the local political subdivision or private entity to consider in the process of
1163 preparing, adopting, and implementing a capital facilities plan concerning:
1164 (I) impacts that the facilities proposed in the capital facilities plan may have on the
1165 affected entity; and
1166 (II) facilities or uses of land that the affected entity is planning or considering that may
1167 conflict with the facilities proposed in the capital facilities plan.
1168 (c) The plan shall identify:
1169 (i) demands placed upon existing public facilities by new development activity; and
1170 (ii) the proposed means by which the local political subdivision will meet those
1171 demands.
1172 (d) Municipalities and counties need not prepare a separate capital facilities plan if the

Text Box
- 39 - 1173 general plan required by Sections 10-9a-401 and 17-27a-401 contains the elements required by
1174 Subsection (2)(c).
1175 (e) (i) If a local political subdivision prepares an independent capital facilities plan
1176 rather than including a capital facilities element in the general plan, the local political
1177 subdivision shall, before adopting the capital facilities plan:
1178 (A) give public notice of the plan according to this Subsection (2)(e);
1179 (B) at least 14 days before the date of the public hearing:
1180 (I) make a copy of the plan, together with a summary designed to be understood by a
1181 lay person, available to the public; and
1182 (II) place a copy of the plan and summary in each public library within the local
1183 political subdivision; and
1184 (C) hold a public hearing to hear public comment on the plan.
1185 (ii) Municipalities shall comply with the notice and hearing requirements of, and,
1186 except as provided in Subsection 11-36-401 (4)(f), receive the protections of Sections
1187 10-9a-205 and 10-9a-801 and Subsection 10-9a-502 (2).
1188 (iii) Counties shall comply with the notice and hearing requirements of, and, except as
1189 provided in Subsection 11-36-401 (4)(f), receive the protections of Sections 17-27a-205 and
1190 17-27a-801 and Subsection 17-27a-502 (2).
1191 (iv) Local districts, special service districts, and private entities shall comply with the
1192 notice and hearing requirements of, and receive the protections of, Section 17B-1-111 .
1193 (v) Nothing contained in this Subsection (2)(e) or in the subsections referenced in
1194 Subsections (2)(e)(ii) and (iii) may be construed to require involvement by a planning
1195 commission in the capital facilities planning process.
1196 (f) (i) Local political subdivisions with a population or serving a population of less
1197 than 5,000 as of the last federal census need not comply with the capital facilities plan
1198 requirements of this part, but shall ensure that the impact fees imposed by them are based upon
1199 a reasonable plan.
1200 (ii) Subsection (2)(f)(i) does not apply to private entities.
1201 (3) In preparing the plan, each local political subdivision shall generally consider all
1202 revenue sources, including impact fees, to finance the impacts on system improvements.
1203 (4) A local political subdivision may only impose impact fees on development

Text Box
- 40 - 1204 activities when its plan for financing system improvements establishes that impact fees are
1205 necessary to achieve an equitable allocation to the costs borne in the past and to be borne in the
1206 future, in comparison to the benefits already received and yet to be received.
1207 (5) (a) Each local political subdivision imposing impact fees shall prepare a written
1208 analysis of each impact fee that:
1209 (i) identifies the impact on system improvements required by the development activity;
1210 (ii) demonstrates how those impacts on system improvements are reasonably related to
1211 the development activity;
1212 (iii) estimates the proportionate share of the costs of impacts on system improvements
1213 that are reasonably related to the new development activity; and
1214 (iv) based upon those factors and the requirements of this chapter, identifies how the
1215 impact fee was calculated.
1216 (b) In analyzing whether or not the proportionate share of the costs of public facilities
1217 are reasonably related to the new development activity, the local political subdivision shall
1218 identify, if applicable:
1219 (i) the cost of existing public facilities;
1220 (ii) the manner of financing existing public facilities, such as user charges, special
1221 assessments, bonded indebtedness, general taxes, or federal grants;
1222 (iii) the relative extent to which the newly developed properties and the other
1223 properties in the municipality have already contributed to the cost of existing public facilities,
1224 by such means as user charges, special assessments, or payment from the proceeds of general
1225 taxes;
1226 (iv) the relative extent to which the newly developed properties and the other
1227 properties in the municipality will contribute to the cost of existing public facilities in the
1228 future;
1229 (v) the extent to which the newly developed properties are entitled to a credit because
1230 the municipality is requiring their developers or owners, by contractual arrangement or
1231 otherwise, to provide common facilities, inside or outside the proposed development, that have
1232 been provided by the municipality and financed through general taxation or other means, apart
1233 from user charges, in other parts of the municipality;
1234 (vi) extraordinary costs, if any, in servicing the newly developed properties; and

Text Box
- 41 - 1235 (vii) the time-price differential inherent in fair comparisons of amounts paid at
1236 different times.
1237 (c) Each local political subdivision that prepares a written analysis under this
1238 Subsection (5) on or after July 1, 2000 shall also prepare a summary of the written analysis,
1239 designed to be understood by a lay person.
1240 (6) Each local political subdivision that adopts an impact fee enactment under Section
1241 11-36-202 on or after July 1, 2000 shall, at least 14 days before adopting the enactment, submit
1242 to each public library within the local political subdivision:
1243 (a) a copy of the written analysis required by Subsection (5)(a); and
1244 (b) a copy of the summary required by Subsection (5)(c).
1245 (7) Nothing in this chapter may be construed to repeal or otherwise eliminate any
1246 impact fee in effect on the effective date of this chapter that is pledged as a source of revenues
1247 to pay bonded indebtedness that was incurred before the effective date of this chapter.
1248 Section 17. Section 11-39-101 is amended to read:
1249 11-39-101. Definitions.
1250 As used in this chapter:
1251 (1) "Bid limit" means:
1252 (a) for a building improvement:
1253 (i) for the year 2003, $40,000; and
1254 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
1255 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
1256 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
1257 year; and
1258 (b) for a public works project:
1259 (i) for the year 2003, $125,000; and
1260 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
1261 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
1262 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
1263 year.
1264 (2) "Building improvement":
1265 (a) means the construction or repair of a public building or structure; and

Text Box
- 42 - 1266 (b) does not include construction or repair at an international airport.
1267 (3) "Consumer Price Index" means the Consumer Price Index for All Urban
1268 Consumers as published by the Bureau of Labor Statistics of the United States Department of
1269 Labor.
1270 (4) "Design-build project":
1271 (a) means a building improvement or public works project costing over $250,000 with
1272 respect to which both the design and construction are provided for in a single contract with a
1273 contractor or combination of contractors capable of providing design-build services; and
1274 (b) does not include a building improvement or public works project:
1275 (i) that is undertaken by a local entity under contract with a construction manager that
1276 guarantees the contract price and is at risk for any amount over the contract price; and
1277 (ii) each component of which is competitively bid.
1278 (5) "Design-build services" means the engineering, architectural, and other services
1279 necessary to formulate and implement a design-build project, including its actual construction.
1280 (6) "Emergency repairs" means a building improvement or public works project
1281 undertaken on an expedited basis to:
1282 (a) eliminate an imminent risk of damage to or loss of public or private property;
1283 (b) remedy a condition that poses an immediate physical danger; or
1284 (c) reduce a substantial, imminent risk of interruption of an essential public service.
1285 (7) "Governing body" means:
1286 (a) for a county, city, or town, the legislative body of the county, city, or town;
1287 (b) for a local district, the board of trustees of the local district; and
1288 (c) for a special service district:
1289 (i) the legislative body of the county, city, or town that established the special service
1290 district, if no administrative control board has been appointed under Section [ 17A-2-1326 ]
1291 17D-1-301 ; or
1292 (ii) the administrative control board of the special service district, if an administrative
1293 control board has been appointed under Section [ 17A-2-1326 ] 17D-1-301 .
1294 (8) "Local district" has the same meaning as defined in Section 17B-1-102 .
1295 (9) "Local entity" means a county, city, town, local district, or special service district.
1296 (10) "Lowest responsive responsible bidder" means a prime contractor who:

Text Box
- 43 - 1297 (a) has submitted a bid in compliance with the invitation to bid and within the
1298 requirements of the plans and specifications for the building improvement or public works
1299 project;
1300 (b) is the lowest bidder that satisfies the local entity's criteria relating to financial
1301 strength, past performance, integrity, reliability, and other factors that the local entity uses to
1302 assess the ability of a bidder to perform fully and in good faith the contract requirements;
1303 (c) has furnished a bid bond or equivalent in money as a condition to the award of a
1304 prime contract; and
1305 (d) furnishes a payment and performance bond as required by law.
1306 (11) "Procurement code" means the provisions of Title 63, Chapter 56, Utah
1307 Procurement Code.
1308 (12) "Public works project":
1309 (a) means the construction of:
1310 (i) a park or recreational facility; or
1311 (ii) a pipeline, culvert, dam, canal, or other system for water, sewage, storm water, or
1312 flood control; and
1313 (b) does not include:
1314 (i) the replacement or repair of existing infrastructure on private property;
1315 (ii) construction commenced before June 1, 2003; and
1316 (iii) construction or repair at an international airport.
1317 (13) "Special service district" [means a special service district under Title 17A,
1318 Chapter 2, Part 13, Utah Special Service District Act] has the same meaning as defined in
1319 Section 17D-1-102 .
1320 Section 18. Section 11-39-104 is amended to read:
1321 11-39-104. Exceptions.
1322 (1) The requirements of Section 11-39-103 do not apply to:
1323 (a) emergency repairs;
1324 (b) a building improvement or public works project if the estimated cost under Section
1325 11-39-102 is less than the bid limit; or
1326 (c) the conduct or management of any of the departments, business, or property of the
1327 local entity.

Text Box
- 44 - 1328 (2) This section may not be construed to limit the application of Section 72-6-108 to an
1329 improvement project, as defined in Section 72-6-109 , that would otherwise be subject to
1330 Section 72-6-108 .
1331 (3) This part applies to a building improvement or public works project of a special
1332 service district only to the extent that the contract for the building improvement or public
1333 works project is in a class of contract designated under Section 17D-1-107 as subject to this
1334 part.
1335 Section 19. Section 11-40-101 is amended to read:
1336 11-40-101. Definitions.
1337 As used in this chapter:
1338 (1) "Applicant" means a person who seeks employment with a public water utility,
1339 either as an employee or as an independent contractor, and who, after employment, would, in
1340 the judgment of the public water utility, be in a position to affect the safety or security of the
1341 publicly owned treatment works or public water system or to affect the safety or well-being of
1342 patrons of the public water utility.
1343 (2) "Division" means the Criminal Investigation and Technical Services Division of the
1344 Department of Public Safety, established in Section 53-10-103 .
1345 (3) "Independent contractor":
1346 (a) means an engineer, contractor, consultant, or supplier who designs, constructs,
1347 operates, maintains, repairs, replaces, or provides water treatment or conveyance facilities or
1348 equipment, or related control or security facilities or equipment, to the public water utility; and
1349 (b) includes the employees and agents of the engineer, contractor, consultant, or
1350 supplier.
1351 (4) "Person seeking access" means a person who seeks access to a public water utility's
1352 public water system or publicly owned treatment works and who, after obtaining access, would,
1353 in the judgment of the public water utility, be in a position to affect the safety or security of the
1354 publicly owned treatment works or public water system or to affect the safety or well-being of
1355 patrons of the public water utility.
1356 (5) "Publicly owned treatment works" has the same meaning as defined in Section
1357 19-5-102 .
1358 (6) "Public water system" has the same meaning as defined in Section 19-4-102 .

Text Box
- 45 - 1359 (7) "Public water utility" means a county, city, town, local district under Title 17B,
1360 Chapter 1, Provisions Applicable to All Local Districts, special service district under Title
1361 [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service District Act, or other political
1362 subdivision of the state that operates publicly owned treatment works or a public water system.
1363 Section 20. Section 11-42-102 is amended to read:
1364 11-42-102. Definitions.
1365 (1) "Adequate protests" means timely filed, written protests under Section 11-42-203
1366 that represent at least 50% of the frontage, area, taxable value, fair market value, lots, number
1367 of connections, or equivalent residential units of the property proposed to be assessed,
1368 according to the same assessment method by which the assessment is proposed to be levied,
1369 after eliminating:
1370 (a) protests relating to:
1371 (i) property that has been deleted from a proposed assessment area; or
1372 (ii) an improvement that has been deleted from the proposed improvements to be
1373 provided to property within the proposed assessment area; and
1374 (b) protests that have been withdrawn under Subsection 11-42-203 (3).
1375 (2) "Assessment area" means an area, or, if more than one area is designated, the
1376 aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a
1377 local entity under Part 2, Designating an Assessment Area, for the purpose of financing the
1378 costs of improvements, operation and maintenance, or economic promotion activities that
1379 benefit property within the area.
1380 (3) "Assessment bonds" means bonds that are:
1381 (a) issued under Section 11-42-605 ; and
1382 (b) payable in part or in whole from assessments levied in an assessment area,
1383 improvement revenues, and a guaranty fund or reserve fund.
1384 (4) "Assessment fund" means a special fund that a local entity establishes under
1385 Section 11-42-412 .
1386 (5) "Assessment lien" means a lien on property within an assessment area that arises
1387 from the levy of an assessment, as provided in Section 11-42-501 .
1388 (6) "Assessment method" means the method by which an assessment is levied against
1389 property, whether by frontage, area, taxable value, fair market value, lot, number of

Text Box
- 46 - 1390 connections, equivalent residential unit, or any combination of these methods.
1391 (7) "Assessment ordinance" means an ordinance adopted by a local entity under
1392 Section 11-42-404 that levies an assessment on benefitted property within an assessment area.
1393 (8) "Assessment resolution" means a resolution adopted by a local entity under Section
1394 11-42-404 that levies an assessment on benefitted property within an assessment area.
1395 (9) "Benefitted property" means property within an assessment area that benefits from
1396 improvements, operation and maintenance, or economic promotion activities.
1397 (10) "Bond anticipation notes" means notes issued under Section 11-42-602 in
1398 anticipation of the issuance of assessment bonds.
1399 (11) "Bonds" means assessment bonds and refunding assessment bonds.
1400 (12) "Commercial area" means an area in which at least 75% of the property is devoted
1401 to the interchange of goods or commodities.
1402 (13) "Connection fee" means a fee charged by a local entity to pay for the costs of
1403 connecting property to a publicly owned sewer, water, gas, telecommunications, or electrical
1404 system, whether or not improvements are installed on the property.
1405 (14) "Contract price" means:
1406 (a) the cost of acquiring an improvement, if the improvement is acquired; or
1407 (b) the amount payable to one or more contractors for the design, engineering,
1408 inspection, and construction of an improvement.
1409 (15) "Designation ordinance" means an ordinance adopted by a local entity under
1410 Section 11-42-206 designating an assessment area.
1411 (16) "Designation resolution" means a resolution adopted by a local entity under
1412 Section 11-42-206 designating an assessment area.
1413 (17) "Economic promotion activities" means activities that promote economic growth
1414 in a commercial area of a local entity, including:
1415 (a) sponsoring festivals and markets;
1416 (b) promoting business investment or activities;
1417 (c) helping to coordinate public and private actions; and
1418 (d) developing and issuing publications designed to improve the economic well-being
1419 of the commercial area.
1420 (18) "Equivalent residential unit" means a dwelling, unit, or development that is equal

Text Box
- 47 - 1421 to a single-family residence in terms of the nature of its use or impact on an improvement to be
1422 provided in the assessment area.
1423 (19) "Governing body" means:
1424 (a) for a county, city, or town, the legislative body of the county, city, or town;
1425 (b) for a local district, the board of trustees of the local district; and
1426 (c) for a special service district:
1427 (i) the legislative body of the county, city, or town that established the special service
1428 district, if no administrative control board has been appointed under Section [ 17A-2-1326 ]
1429 17D-1-301 ; or
1430 (ii) the administrative control board of the special service district, if an administrative
1431 control board has been appointed under Section [ 17A-2-1326 ] 17D-1-301 .
1432 (20) "Guaranty fund" means the fund established by a local entity under Section
1433 11-42-701 .
1434 (21) "Improved property" means property proposed to be assessed within an
1435 assessment area upon which a residential, commercial, or other building has been built.
1436 (22) "Improvement" means any publicly owned infrastructure, system, or other facility
1437 that:
1438 (a) a local entity is authorized to provide; or
1439 (b) the governing body of a local entity determines is necessary or convenient to enable
1440 the local entity to provide a service that the local entity is authorized to provide.
1441 (23) "Improvement revenues":
1442 (a) means charges, fees, impact fees, or other revenues that a local entity receives from
1443 improvements; and
1444 (b) does not include revenue from assessments.
1445 (24) "Incidental refunding costs" means any costs of issuing refunding assessment
1446 bonds and calling, retiring, or paying prior bonds, including:
1447 (a) legal and accounting fees;
1448 (b) charges of fiscal agents, escrow agents, and trustees;
1449 (c) underwriting discount costs, printing costs, the costs of giving notice;
1450 (d) any premium necessary in the calling or retiring of prior bonds;
1451 (e) fees to be paid to the local entity to issue the refunding assessment bonds and to

Text Box
- 48 - 1452 refund the outstanding prior bonds;
1453 (f) any other costs that the governing body determines are necessary or desirable to
1454 incur in connection with the issuance of refunding assessment bonds; and
1455 (g) any interest on the prior bonds that is required to be paid in connection with the
1456 issuance of the refunding assessment bonds.
1457 (25) "Installment payment date" means the date on which an installment payment of an
1458 assessment is payable.
1459 (26) "Interim warrant" means a warrant issued by a local entity under Section
1460 11-42-601 .
1461 (27) "Jurisdictional boundaries" means:
1462 (a) for a county, the boundaries of the unincorporated area of the county; and
1463 (b) for each other local entity, the boundaries of the local entity.
1464 (28) "Local district" means a local district under Title 17B, Limited Purpose Local
1465 Government Entities - Local Districts.
1466 (29) "Local entity" means a county, city, town, special service district, or local district.
1467 (30) "Local entity obligations" means assessment bonds, refunding assessment bonds,
1468 interim warrants, and bond anticipation notes issued by a local entity.
1469 (31) "Mailing address" means:
1470 (a) a property owner's last-known address using the name and address appearing on the
1471 last completed real property assessment roll of the county in which the property is located; and
1472 (b) if the property is improved property:
1473 (i) the property's street number; or
1474 (ii) the post office box, rural route number, or other mailing address of the property, if
1475 a street number has not been assigned.
1476 (32) "Net improvement revenues" means all improvement revenues that a local entity
1477 has received since the last installment payment date, less all amounts payable by the local entity
1478 from those improvement revenues for operation and maintenance costs.
1479 (33) "Operation and maintenance costs" means the costs that a local entity incurs in
1480 operating and maintaining improvements in an assessment area, including service charges,
1481 administrative costs, ongoing maintenance charges, and tariffs or other charges for electrical,
1482 water, gas, or other utility usage.

Text Box
- 49 - 1483 (34) "Optional facilities":
1484 (a) means facilities in an assessment area that:
1485 (i) can be conveniently installed at the same time as improvements in the assessment
1486 area; and
1487 (ii) are requested by a property owner on whose property or for whose benefit the
1488 improvements are being installed; and
1489 (b) includes private driveways, irrigation ditches, and water turnouts.
1490 (35) "Overhead costs" means the actual costs incurred or the estimated costs to be
1491 incurred by a local entity in connection with an assessment area for appraisals, legal fees, filing
1492 fees, financial advisory charges, underwriting fees, placement fees, escrow, trustee, and paying
1493 agent fees, publishing and mailing costs, costs of levying an assessment, recording costs, and
1494 all other incidental costs.
1495 (36) "Prior bonds" means the assessment bonds that are refunded in part or in whole by
1496 refunding assessment bonds.
1497 (37) "Prior assessment ordinance" means the ordinance levying the assessments from
1498 which the prior bonds are payable.
1499 (38) "Prior assessment resolution" means the resolution levying the assessments from
1500 which the prior bonds are payable.
1501 (39) "Project engineer" means the surveyor or engineer employed by or private
1502 consulting engineer engaged by a local entity to perform the necessary engineering services for
1503 and to supervise the construction or installation of the improvements.
1504 (40) "Property" includes real property and any interest in real property, including water
1505 rights, leasehold rights, and personal property related to the property.
1506 (41) "Property price" means the price at which a local entity purchases or acquires by
1507 eminent domain property to make improvements in an assessment area.
1508 (42) "Provide" or "providing," with reference to an improvement, includes the
1509 acquisition, construction, reconstruction, renovation, maintenance, repair, operation, and
1510 expansion of an improvement.
1511 (43) "Public agency" means:
1512 (a) the state or any agency, department, or division of the state; and
1513 (b) a political subdivision of the state.

Text Box
- 50 - 1514 (44) "Reduced payment obligation" means the full obligation of an owner of property
1515 within an assessment area to pay an assessment levied on the property after the assessment has
1516 been reduced because of the issuance of refunding assessment bonds, as provided in Section
1517 11-42-608 .
1518 (45) "Refunding assessment bonds" means assessment bonds that a local entity issues
1519 under Section