This document includes Senate 2nd and 3rd Reading Floor Amendments incorporated into the bill on Tue, Mar 8, 2016 at 7:09 PM by lpoole.
Representative Brad R. Wilson proposes the following substitute bill:


1     
POINT OF THE MOUNTAIN DEVELOPMENT COMMISSION ACT

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brad R. Wilson

5     
Senate Sponsor: Jerry W. Stevenson

6     

7     LONG TITLE
8     General Description:
9          This bill enacts the Point of the Mountain Development Commission Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates the Point of the Mountain Development Commission;
14          ▸     describes the membership and duties of the commission; and
15          ▸     provides for staff and expenses.
16     Money Appropriated in this Bill:
17          This bill appropriates, in fiscal year Ŝ→ [
2017] 2016 ←Ŝ :
18          ▸     to the Legislature - Legislative Services, as a one-time appropriation:
19               •     from the General Fund, $750,000;
20          ▸     to the Legislature - Senate, as a one-time appropriation:
21               •     from the General Fund, $5,000, to pay salaries of senators serving on the
22     commission;
23          ▸     to the Legislature - House of Representatives, as a one-time appropriation:
24               •     from the General Fund, $5,000, to pay salaries of representatives serving on the
25     commission; and

26          ▸     to the Legislature - Office of Legislative Research and General Counsel, as a
27     one-time appropriation:
28               •     from the General Fund, $40,000, to pay for staff services for the commission.
29     Other Special Clauses:
30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          63I-1-263, as last amended by Laws of Utah 2015, Chapters 182, 226, 278, 283, 409,
34     and 424
35     ENACTS:
36          63C-17-101, Utah Code Annotated 1953
37          63C-17-102, Utah Code Annotated 1953
38          63C-17-103, Utah Code Annotated 1953
39          63C-17-104, Utah Code Annotated 1953
40          63C-17-105, Utah Code Annotated 1953
41          63C-17-106, Utah Code Annotated 1953
42          63C-17-107, Utah Code Annotated 1953
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 63C-17-101 is enacted to read:
46     
CHAPTER 17. POINT OF THE MOUNTAIN DEVELOPMENT COMMISSION ACT

47          63C-17-101. Title.
48          This chapter is known as the "Point of the Mountain Development Commission Act."
49          Section 2. Section 63C-17-102 is enacted to read:
50          63C-17-102. Definitions.
51          As used in this chapter:
52          (1) "Commission" means the Point of the Mountain Development Commission, created
53     in Section 63C-17-103.
54          (2) "Project area" means the area surrounding the border between Salt Lake County and
55     Utah County, commonly referred to as the Point of the Mountain.
56          Section 3. Section 63C-17-103 is enacted to read:

57          63C-17-103. Creation of Point of the Mountain Development Commission --
58     Members.
59          (1) There is created the Point of the Mountain Development Commission consisting of
60     the following 15 members:
61          (a) two members shall be members of the Senate appointed by the president of the
62     Senate;
63          (b) two members shall be members of the House of Representatives appointed by the
64     speaker of the House of Representatives;
65          (c) one member shall be the mayor of Lehi City, Utah, or the mayor's designee;
66          (d) one member shall be the mayor of Draper City, Utah, or the mayor's designee;
67          (e) one member shall be the mayor of Salt Lake County, or the mayor's designee;
68          (f) one member shall be an appointee of the Utah County Commission;
69          (g) two members shall be mayors of communities in or close to the project area who
70     shall be appointed by the Utah League of Cities and Towns;
71          (h) one member shall be an appointee of the Economic Development Corporation of
72     Utah;
73          (i) one member, who is a member of the Board of the Governor's Office of Economic
74     Development, shall be appointed by the governor;
75          (j) one member, who is an employee of the Governor's Office of Economic
76     Development, shall be an appointee of the governor;
77          (k) one member shall be a member of the public, representing the school boards in or
78     close to the project area, jointly appointed by the president of the Senate and the speaker of the
79     House of Representatives; and
80          (l) one member shall be a member of the public, representing the information
81     technology sector with a physical presence within the project area, jointly appointed by the
82     president of the Senate and the speaker of the House of Representatives.
83          (2) (a) The president of the Senate and the speaker of the House of Representatives
84     shall jointly designate a member of the Legislature appointed under Subsection (1)(a) or (b) as
85     a cochair of the commission.
86          (b) The governor shall designate a representative from the Governor's Office of
87     Economic Development appointed under Subsection (1)(i) or (j) as a cochair of the

88     commission.
89          (3) Any vacancy shall be filled in the same manner under this section as the
90     appointment of the member whose vacancy is being filled.
91          (4) Each member of the commission shall serve until a successor is appointed and
92     qualified.
93          (5) A majority of members constitutes a quorum. The action of a majority of a quorum
94     constitutes the action of the commission.
95          Section 4. Section 63C-17-104 is enacted to read:
96          63C-17-104. Commission duties.
97          (1) The commission shall evaluate, study, prepare one or more reports, and make
98     recommendations concerning the future planning and development of the project area. The
99     study shall focus on the three key areas described in Subsections (2), (3), and (4).
100          (2) The commission shall study and develop strategies to engage the public and
101     collaborate with stakeholders, including:
102          (a) providing a public forum to gather insight from citizens; and
103          (b) evaluating the costs and benefits of growth, land use, and economic development
104     strategies in the project area and the impacts of those strategies on residents of the project area
105     and the state.
106          (3) (a) The commission shall study and make recommendations regarding future
107     transportation and infrastructure needs within the project area, including:
108          (i) evaluation of projected population, housing, and employment growth;
109          (ii) identification of transportation infrastructure needs, including:
110          (A) development, construction, operation, and maintenance of highways and streets, on
111     both the local and state jurisdictional levels;
112          (B) development, construction, operation, and maintenance of public transit; and
113          (C) development, construction, operation, and maintenance of active transportation
114     facilities, including trails; and
115          (iii) evaluation of projected costs related to transportation and other infrastructure
116     needs.
117          (b) In performing the study described in Subsection (3)(a), the commission shall
118     coordinate with transportation agencies, including:

119          (i) the Wasatch Front Regional Council;
120          (ii) the Mountainland Association of Governments;
121          (iii) the Utah Department of Transportation; and
122          (iv) the Utah Transit Authority.
123          (4) The commission shall study and make recommendations regarding financing
124     economic development of, and the infrastructure investment in, the project area, including:
125          (a) evaluation of economic growth projections; and
126          (b) evaluation of financing tools to encourage and facilitate economic growth in the
127     project area, including:
128          (i) property tax increment financing, with the requirement that the property tax
129     increment remain within the jurisdiction in which the property tax increment is created;
130          (ii) assessment districts;
131          (iii) bonding;
132          (iv) partnerships between public and private entities;
133          (v) excise taxes, including transient room taxes and taxes on community resorts;
134          (vi) redevelopment agency funds;
135          (vii) federal funding;
136          (viii) private capital;
137          (ix) investment strategies used by other governmental entities for purposes of
138     economic development; and
139          (x) other innovative financing strategies.
140          (5) The commission may hire or direct the hiring of one or more consultants, or enter
141     into agreements and otherwise collaborate with governmental entities and other stakeholders,
142     with experience or expertise in a subject under consideration by the commission, to assist the
143     commission in fulfilling the commission's duties under this part.
144          (6) In carrying out the study, the commission shall consider the following objectives
145     for the project area and the state as a whole:
146          (a) maximizing job creation;
147          (b) ensuring a high quality of life for residents in and surrounding the project area;
148          (c) strategic residential and commercial growth;
149          (d) preservation of natural lands and expansion of recreational opportunities;

150          (e) provision of a variety of community and housing types that match workforce needs;
151     and
152          (f) planning for future transportation infrastructure and other investments to enhance
153     mobility and protect the environment.
154          (7) The commission shall report the commission's interim findings and
155     recommendations to the Transportation Interim Committee, the Economic Development and
156     Workforce Services Interim Committee, the Revenue and Taxation Interim Committee, the
157     Executive Appropriations Committee, and the governor before December 1, 2016.
158          (8) The commission's recommendations under this section are advisory only.
159          Section 5. Section 63C-17-105 is enacted to read:
160          63C-17-105. Commission staff and expenses.
161          The Office of Legislative Research and General Counsel, in coordination with the
162     Governor's Office of Economic Development, shall provide staff support for the commission.
163          Section 6. Section 63C-17-106 is enacted to read:
164          63C-17-106. Compensation and expenses of commission members.
165          (1) Salaries and expenses of commission members who are legislators shall be paid in
166     accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator
167     Compensation.
168          (2) A commission member who is not a legislator may not receive compensation or
169     benefits for the member's service on the commission, but may receive per diem and
170     reimbursement for travel expenses incurred as a commission member at the rates established by
171     the Division of Finance under:
172          (a) Sections 63A-3-106 and 63A-3-107; and
173          (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
174     63A-3-107.
175          Section 7. Section 63C-17-107 is enacted to read:
176          63C-17-107. No effect on local land use authority.
177          (1) This chapter does not limit or otherwise affect a municipality's authority under Title
178     10, Chapter 9a, Municipal Land Use, Development, and Management Act, with respect to
179     private development on land within the jurisdiction of the municipality.
180          (2) This chapter does not limit or otherwise affect a county's authority under Title 17,

181     Chapter 27a, County Land Use, Development, and Management Act, with respect to private
182     development on land within the jurisdiction of the county.
183          Section 8. Section 63I-1-263 is amended to read:
184          63I-1-263. Repeal dates, Titles 63A to 63M.
185          (1) Section 63A-4-204, authorizing the Risk Management Fund to provide coverage to
186     any public school district which chooses to participate, is repealed July 1, 2016.
187          (2) Subsection 63A-5-104(4)(h) is repealed on July 1, 2024.
188          (3) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2016.
189          (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
190     1, 2018.
191          (5) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
192     2020.
193          [(6) Subsection 63G-6a-1402(7) authorizing certain transportation agencies to award a
194     contract for a design-build transportation project in certain circumstances, is repealed July 1,
195     2015.]
196          (6) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
197     repealed July 1, 2021.
198          (7) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
199     2020.
200          (8) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2016.
201          (9) On July 1, 2025:
202          (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
203     Development Coordinating Committee," is repealed;
204          (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
205     sites for the transplant of species to local government officials having jurisdiction over areas
206     that may be affected by a transplant.";
207          (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
208     Coordinating Committee" is repealed;
209          (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
210     Coordinating Committee created in Section 63J-4-501 and" is repealed;
211          (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development

212     Coordinating Committee and" is repealed;
213          (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
214     accordingly;
215          (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
216          (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
217     word "and" is inserted immediately after the semicolon;
218          (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
219          (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
220     and
221          (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
222     renumbered accordingly.
223          (10) The Crime Victim Reparations and Assistance Board, created in Section
224     63M-7-504, is repealed July 1, 2017.
225          (11) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2017.
226          (12) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2018.
227          (13) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act, is
228     repealed January 1, 2021.
229          (b) Subject to Subsection (13)(c), Sections 59-7-610 and 59-10-1007 regarding tax
230     credits for certain persons in recycling market development zones, are repealed for taxable
231     years beginning on or after January 1, 2021.
232          (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
233          (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
234     59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
235          (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
236     the expenditure is made on or after January 1, 2021.
237          (d) Notwithstanding Subsections (13)(b) and (c), a person may carry forward a tax
238     credit in accordance with Section 59-7-610 or 59-10-1007 if:
239          (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
240          (ii) (A) for the purchase price of machinery or equipment described in Section
241     59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
242     2020; or

243          (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
244     expenditure is made on or before December 31, 2020.
245          (14) Section 63N-2-512 is repealed on July 1, 2021.
246          (15) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
247     January 1, 2021.
248          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
249     calendar years beginning on or after January 1, 2021.
250          (c) Notwithstanding Subsection (15)(b), an entity may carry forward a tax credit in
251     accordance with Section 59-9-107 if:
252          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
253     31, 2020; and
254          (ii) the qualified equity investment that is the basis of the tax credit is certified under
255     Section 63N-2-603 on or before December 31, 2023.
256          (16) Title 63N, Chapter 12, Part 3, Utah Broadband Outreach Center, is repealed July
257     1, 2018.
258          Section 9. Appropriation.
259          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
260     the fiscal year beginning July 1, Ŝ→ [
2016] 2015 ←Ŝ , and ending June 30, Ŝ→ [2017] 2016 ←Ŝ ,
260a     the following sums of money
261     are appropriated from resources not otherwise appropriated, or reduced from amounts
262     previously appropriated, out of the funds or amounts indicated. These sums of money are in
263     addition to amounts previously appropriated for fiscal year Ŝ→ [
2017] 2016 ←Ŝ .
264          To Legislature - Legislative Services
265               From General Fund, one-time
$750,000

266               Schedule of Programs:
267                    Administration                         $750,000
268          To Legislature - Senate
269               From General Fund, one-time
$5,000

270               Schedule of Programs:
271                    Administration                         $5,000
272          To Legislature - House of Representatives
273               From General Fund, one-time
$5,000


274               Schedule of Programs:
275                    Administration                         $5,000
276          To Legislature - Office of Legislative Research and General Counsel
277               From General Fund, one-time
$40,000

278               Schedule of Programs:
279                    Administration                         $40,000
280          The Legislature intends that the appropriation of $750,000 under this section be used to
281     carry out the requirements described in Title 63C, Chapter 17, Point of the Mountain
282     Development Commission Act.