H.B. 169

This document includes House Floor Amendments incorporated into the bill on Mon, Mar 8, 2010 at 5:21 PM by jeyring. --> 1

REFINERY AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Rebecca P. Edwards
5 Senate Sponsor: Daniel R. Liljenquist
6
7 LONG TITLE
8 General Description:
9 This bill authorizes a legislative body considering a zoning change or a land use
10 authority considering a land use application to consult with a refinery before adopting
11 the zoning change or approving the land use application.
12 Highlighted Provisions:
13 This bill:
14 . authorizes a legislative body considering a zoning change or a land use authority
15 considering a land use application to consult with a refinery before adopting the
16 zoning change or approving the land use application.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 10-9a-522, Utah Code Annotated 1953
24 17-27a-521, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-9a-522 is enacted to read:

28 10-9a-522. Refineries.
29 (1) As used in this section, "develop" or "development" means H. :
29a (a) .H the construction,
30 alteration, or improvement of land, including any related moving, demolition, or excavation
31 outside of a refinery property boundary H. [ . ] ;
31a (b) the subdivision of land for a non-industrial use; or
31b (c) the construction of a non-industrial structure on a parcel that is not subject
31c to the subdivision process. .H
32 (2) Before a legislative body may adopt a non-industrial zoning change to permit
33 development within 500 feet of a refinery boundary, the legislative body shall consult with the
34 refinery to determine whether the proposed change is compatible with the refinery.
35 (3) Before a land use authority may approve an application to develop within 500 feet
36 of a refinery boundary, the land use authority shall consult with the refinery to determine
37 whether the development is compatible with the refinery.
38 (4) A legislative body described in Subsection (2), or a land use authority described in
39 Subsection (3), may not request from the refinery:
40 (a) proprietary information;
41 (b) information, if made public, that would create a security or safety risk to the
42 refinery or the public;
43 (c) information that is restricted from public disclosure under federal or state law; or
44 (d) information that is available in public record.
45 (5) (a) This section does not grant authority to a legislative body described in
46 Subsection (2), or a land use authority described in Subsection (3), to require a refinery to
47 undertake or cease an action.
48 (b) This section does not create a cause of action against a refinery.
49 (c) Except as expressly provided in this section, this section does not alter or remove
50 any legal right or obligation of a refinery.
51 Section 2. Section 17-27a-521 is enacted to read:
52 17-27a-521. Refineries.
53 (1) As used in this section, "develop" or "development" means H. :
53a (a) .H the construction,
54 alteration, or improvement of land, including any related moving, demolition, or excavation
55 outside of a refinery property boundary H. [ . ] ;
55a (b) the subdivision of land for a non-industrial use; or
55b (c) the construction of a non-industrial structure on a parcel that is not subject
55c to the subdivision process. .H
56 (2) Before a legislative body may adopt a non-industrial zoning change to permit
57 development within 500 feet of a refinery boundary, the legislative body shall consult with the
58 refinery to determine whether the proposed change is compatible with the refinery.

59 (3) Before a land use authority may approve an application to develop within 500 feet
60 of a refinery boundary, the land use authority shall consult with the refinery to determine
61 whether the development is compatible with the refinery.
62 (4) A legislative body described in Subsection (2), or a land use authority described in
63 Subsection (3), may not request from the refinery:
64 (a) proprietary information;
65 (b) information, if made public, that would create a security or safety risk to the
66 refinery or the public;
67 (c) information that is restricted from public disclosure under federal or state law; or
68 (d) information that is available in public record.
69 (5) (a) This section does not grant authority to a legislative body described in
70 Subsection (2), or a land use authority described in Subsection (3), to require a refinery to
71 undertake or cease an action.
72 (b) This section does not create a cause of action against a refinery.
73 (c) Except as expressly provided in this section, this section does not alter or remove
74 any legal right or obligation of a refinery.




Legislative Review Note
as of 2-25-10 11:33 AM

Office of Legislative Research and General Counsel