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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to economic development.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms, including "rural county";
13 ▸ creates the Rural County Grant Program (grant program);
14 ▸ describes the requirements for a rural county to apply for a grant under the grant
15 program;
16 ▸ requires each rural county that seeks to participate in the grant program to create a
17 County Economic Development Advisory Board (CED board) and describes the
18 membership and duties of a CED board;
19 ▸ describes the requirements of the Governor's Rural Partnership Board and the Office
20 of Rural Development in administering the grant program;
21 ▸ moves the provisions of the Recycling Market Development Zone Act from the
22 Governor's Office of Economic Development (GOED) to the Department of
23 Environmental Quality;
24 ▸ repeals provisions of the Utah Science Technology and Research Governing
25 Authority Act;
26 ▸ creates the Rural Speculative Industrial Building Program within GOED;
27 ▸ modifies provisions related to certain GOED administered economic development
28 programs;
29 ▸ repeals provisions related to certain GOED administered economic development
30 programs, which has the effect of ending those programs; and
31 ▸ makes technical changes.
32 Money Appropriated in this Bill:
33 This bill appropriates in fiscal year 2020:
34 ▸ to the General Fund, as a one-time appropriation:
35 • from Nonlapsing Balances -- USTAR -- Support Programs, $1,436,200;
36 ▸ to the General Fund, as a one-time appropriation:
37 • from Nonlapsing Balances -- USTAR -- Grant Programs, $1,765,200;
38 ▸ to the Utah Science Technology and Research Governing Authority -- USTAR
39 Administration, as a one-time appropriation:
40 • from the General Fund, ($1,512,500); and
41 ▸ to the General Fund Restricted -- Workforce Development Restricted Account, as a
42 one-time appropriation:
43 • from the General Fund, ($11,931,000).
44 This bill appropriates in fiscal year 2021:
45 ▸ to the Utah Science Technology and Research Governing Authority -- USTAR
46 Administration, as an ongoing appropriation:
47 • from the General Fund, ($1,788,400);
48 ▸ to the Utah Science Technology and Research Governing Authority -- Support
49 Programs, as an ongoing appropriation:
50 • from the General Fund, ($31,600);
51 ▸ to the General Fund Restricted -- Workforce Development Restricted Account, as
52 an ongoing appropriation:
53 • from the General Fund, ($14,636,900);
54 ▸ to the Governor's Office of Economic Development -- Rural County Grant Program,
55 as an ongoing appropriation:
56 • from the General Fund, $4,600,000;
57 ▸ to the Governor's Office of Economic Development -- Rural County Grants
58 Program, as a one-time appropriation:
59 • from the General Fund, $3,400,000;
60 ▸ to the Governor's Office of Economic Development -- Rural Coworking and
61 Innovation Center Grant Program, as an ongoing appropriation:
62 • from the General Fund, $250,000;
63 ▸ to the Governor's Office of Economic Development -- Rural Coworking and
64 Innovation Center Grant Program, as a one-time appropriation:
65 • from the General Fund, $2,000,000;
66 ▸ to the Governor's Office of Economic Development -- Business Development --
67 Rural Speculative Industrial Building Program, as an ongoing appropriation:
68 • from the General Fund, $250,000;
69 ▸ to the Governor's Office of Economic Development -- Pass-through, as an ongoing
70 appropriation:
71 • from the General Fund, ($385,600); and
72 • from Dedicated Credits Revenue, ($16,100); and
73 ▸ to the Governor's Office of Economic Development -- SBIR/STTR Center, as an
74 ongoing appropriation:
75 • from the General Fund, $385,600; and
76 • from Dedicated Credits Revenue, $16,100.
77 Other Special Clauses:
78 This bill provides retrospective operation.
79 This bill provides a special effective date.
80 This bill provides coordination clauses.
81 Utah Code Sections Affected:
82 AMENDS:
83 53B-17-1101, as enacted by Laws of Utah 2018, Chapter 453
84 53B-18-1601, as enacted by Laws of Utah 2018, Chapter 453
85 59-7-610, as last amended by Laws of Utah 2019, Chapter 247
86 59-10-1007, as last amended by Laws of Utah 2019, Chapter 247
87 63A-3-110, as last amended by Laws of Utah 2019, Chapter 211
88 63A-5-305, as last amended by Laws of Utah 2016, Chapter 240
89 63C-10-103, as last amended by Laws of Utah 2018, Chapter 204
90 63I-1-263, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
91 469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
92 246
93 63J-1-602.2, as last amended by Laws of Utah 2019, Chapters 136, 326, 468, and 469
94 63N-1-501, as renumbered and amended by Laws of Utah 2015, Chapter 283
95 63N-2-203, as last amended by Laws of Utah 2017, Chapter 252
96 63N-2-204, as last amended by Laws of Utah 2016, Chapter 11
97 63N-2-208, as renumbered and amended by Laws of Utah 2015, Chapter 283
98 63N-2-213, as last amended by Laws of Utah 2019, Chapter 247
99 63N-4-104, as renumbered and amended by Laws of Utah 2015, Chapter 283
100 67-19-15, as last amended by Laws of Utah 2018, Chapters 39 and 415
101 ENACTS:
102 17-54-101, Utah Code Annotated 1953
103 17-54-102, Utah Code Annotated 1953
104 17-54-103, Utah Code Annotated 1953
105 17-54-104, Utah Code Annotated 1953
106 63N-4-701, Utah Code Annotated 1953
107 63N-4-702, Utah Code Annotated 1953
108 63N-4-703, Utah Code Annotated 1953
109 63N-4-704, Utah Code Annotated 1953
110 RENUMBERS AND AMENDS:
111 19-13-101, (Renumbered from 63N-2-401, as renumbered and amended by Laws of
112 Utah 2015, Chapter 283)
113 19-13-102, (Renumbered from 63N-2-402, as last amended by Laws of Utah 2015,
114 Chapter 30 and renumbered and amended by Laws of Utah 2015, Chapter 283)
115 19-13-103, (Renumbered from 63N-2-403, as renumbered and amended by Laws of
116 Utah 2015, Chapter 283)
117 19-13-104, (Renumbered from 63N-2-404, as renumbered and amended by Laws of
118 Utah 2015, Chapter 283)
119 19-13-105, (Renumbered from 63N-2-405, as renumbered and amended by Laws of
120 Utah 2015, Chapter 283)
121 19-13-106, (Renumbered from 63N-2-406, as renumbered and amended by Laws of
122 Utah 2015, Chapter 283)
123 19-13-107, (Renumbered from 63N-2-407, as renumbered and amended by Laws of
124 Utah 2015, Chapter 283)
125 19-13-108, (Renumbered from 63N-2-408, as renumbered and amended by Laws of
126 Utah 2015, Chapter 283)
127 19-13-109, (Renumbered from 63N-2-409, as renumbered and amended by Laws of
128 Utah 2015, Chapter 283)
129 19-13-110, (Renumbered from 63N-2-410, as renumbered and amended by Laws of
130 Utah 2015, Chapter 283)
131 19-13-111, (Renumbered from 63N-2-411, as renumbered and amended by Laws of
132 Utah 2015, Chapter 283)
133 REPEALS:
134 13-1-14, as last amended by Laws of Utah 2019, Chapter 352
135 59-7-614.11, as enacted by Laws of Utah 2017, Chapter 252
136 59-10-1039, as enacted by Laws of Utah 2017, Chapter 252
137 63M-2-101, as last amended by Laws of Utah 2015, Chapter 283
138 63M-2-102, as last amended by Laws of Utah 2019, Chapter 352
139 63M-2-301, as last amended by Laws of Utah 2019, Chapters 246 and 352
140 63M-2-302, as last amended by Laws of Utah 2019, Chapter 352
141 63M-2-302.5, as last amended by Laws of Utah 2019, Chapter 352
142 63M-2-304, as last amended by Laws of Utah 2019, Chapter 352
143 63M-2-501, as enacted by Laws of Utah 2016, Chapter 240
144 63M-2-502, as last amended by Laws of Utah 2019, Chapter 352
145 63M-2-503, as last amended by Laws of Utah 2019, Chapter 352
146 63M-2-504, as last amended by Laws of Utah 2019, Chapter 352
147 63M-2-601, as enacted by Laws of Utah 2016, Chapter 240
148 63M-2-602, as last amended by Laws of Utah 2018, Chapter 453
149 63M-2-701, as enacted by Laws of Utah 2016, Chapter 240
150 63M-2-703, as last amended by Laws of Utah 2019, Chapter 352
151 63M-2-801, as enacted by Laws of Utah 2016, Chapter 240
152 63M-2-802, as last amended by Laws of Utah 2019, Chapter 352
153 63M-2-803, as last amended by Laws of Utah 2019, Chapter 352
154 63N-2-213.5, as enacted by Laws of Utah 2017, Chapter 252
155 63N-3-104, as last amended by Laws of Utah 2019, Chapter 499
156 63N-3-104.5, as last amended by Laws of Utah 2019, Chapter 499
157 Utah Code Sections Affected by Coordination Clause:
158 59-7-610, as last amended by Laws of Utah 2019, Chapter 247
159 59-10-1007, as last amended by Laws of Utah 2019, Chapter 247
160 63I-1-263, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
161 469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
162 246
163
164 Be it enacted by the Legislature of the state of Utah:
165 Section 1. Section 17-54-101 is enacted to read:
166
167 17-54-101. Title.
168 This chapter is known as the "Rural County Grant Program."
169 Section 2. Section 17-54-102 is enacted to read:
170 17-54-102. Definitions.
171 (1) "CED board" means a County Economic Development Advisory Board as
172 described in Section 17-54-104.
173 (2) "Grant" means a grant available under the Rural County Grant Program created in
174 Section 17-54-103.
175 (3) "Grant program" means the Rural County Grant Program created in Section
176 17-54-103.
177 (4) "Office of Rural Development" means the Office of Rural Development created
178 within the Governor's Office of Economic Development in Section 63N-4-102.
179 (5) "Rural county" means a county of the third, fourth, fifth, or sixth class.
180 (6) "Rural partnership board" means the Governor's Rural Partnership Board created in
181 Section 63C-10-102.
182 Section 3. Section 17-54-103 is enacted to read:
183 17-54-103. Rural County Grant Program.
184 (1) There is created the Rural County Grant Program.
185 (2) The grant program shall be overseen by the rural partnership board and
186 administered by the Office of Rural Development.
187 (3) (a) In overseeing the grant program, the rural partnership board shall recommend
188 the awarding of grants to rural counties to address the economic development needs of rural
189 counties, in accordance with the provisions of this chapter, which needs may include:
190 (i) business recruitment, development, and expansion;
191 (ii) workforce training and development; and
192 (iii) infrastructure, industrial building development, and capital facilities improvements
193 for business development.
194 (b) After reviewing the recommendations of the rural partnership board, the executive
195 director of the Governor's Office of Economic Development shall award grants to rural
196 counties in accordance with the provisions of this chapter.
197 (4) Subject to appropriations from the Legislature and subject to the reporting and
198 other requirements of this chapter, grant money shall be distributed:
199 (a) equally between all rural counties that have created a CED board, in an amount up
200 to and including $200,000 annually per county; and
201 (b) for grant money that is available after $200,000 has been provided annually to each
202 eligible rural county, through the process described in Subsection (6).
203 (5) Beginning in 2021, a rural county may not receive an additional grant under this
204 chapter unless the rural county:
205 (a) demonstrates a funding match, which may include a funding match provided by any
206 combination of a community reinvestment agency, redevelopment agency, community
207 development and renewal agency, private-sector entity, nonprofit entity, federal matching
208 grant, county or municipality general fund match, or in-kind match, and that totals:
209 (i) a 10% match for a county of the sixth class;
210 (ii) a 20% match for a county of the fifth class;
211 (iii) a 30% match for a county of the fourth class; and
212 (iv) a 40% match for a county of the third class; and
213 (b) has complied with the reporting requirements required by the rural partnership
214 board and the reporting requirements described in Subsection (9) for all previous years that the
215 county has received a grant.
216 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
217 Office of Rural Development in collaboration with the rural partnership board shall make rules
218 establishing the eligibility and reporting criteria for a rural county to receive grant money under
219 Subsection (4)(b), including:
220 (a) the form and process for a county to submit an application to the rural partnership
221 board for a grant;
222 (b) the method of scoring and prioritizing grant program applications from rural
223 counties;
224 (c) the reporting, auditing, and post-performance requirements for a rural county that
225 receives grant money; and
226 (d) any deadlines that shall be met by a rural county when applying for a grant.
227 (7) In determining the award of grant money under Subsection (4)(b), the rural
228 partnership board may not recommend the awarding of more than $800,000 annually to a rural
229 county.
230 (8) In determining the recommended award of grant money under Subsection (4)(b),
231 the rural partnership board may prioritize applications that demonstrate any combination of the
232 following:
233 (a) that the county has or is actively pursuing the creation of an effective strategic
234 economic development plan;
235 (b) consistency with local economic development priorities;
236 (c) economic need;
237 (d) utilization of local financial or in-kind resources in combination with a grant;
238 (e) evidence that jobs will be created; and
239 (f) evidence that there will be a positive return on investment.
240 (9) On or before September 1 of each year, a county that has received a grant under this
241 chapter in the previous 12 months shall provide a written report to the rural partnership board
242 that describes:
243 (a) the amount of grant money the county has received;
244 (b) how grant money has been distributed by the county, including what companies or
245 entities have utilized grant money, how much grant money each company or entity has
246 received, and how each company or entity has used the money;
247 (c) an evaluation of the effectiveness of awarded grants in improving economic
248 development in the county, including the number of jobs created, infrastructure that has been
249 created, and capital improvements in the county;
250 (d) how much matching money has been utilized by the county and what entities have
251 provided the matching money; and
252 (e) any other reporting, auditing, or post-performance requirements established by the
253 Office of Rural Development in collaboration with the rural partnership board under
254 Subsection (6).
255 (10) The Office of Rural Development shall compile the reported information and
256 provide a written report to the Governor's Office of Economic Development for inclusion in the
257 Governor's Office of Economic Development's annual written report described in Section
258 63N-1-301.
259 Section 4. Section 17-54-104 is enacted to read:
260 17-54-104. County Economic Development Advisory Board.
261 (1) (a) Each rural county that seeks to obtain a grant under this chapter, shall create a
262 CED board composed of at least the following members appointed by the county legislative
263 body:
264 (i) a county representative;
265 (ii) a representative of a municipality in the county;
266 (iii) a workforce development representative;
267 (iv) a private-sector representative; and
268 (v) a member of the public who lives in the county.
269 (b) The county legislative body may also appoint additional members with experience
270 or expertise in economic development matters.
271 (c) In appointing members of the CED board, the county legislative body may consider
272 gender and socioeconomic diversity.
273 (2) Each CED board shall assist and advise the county legislative body on:
274 (a) applying for a grant under this chapter;
275 (b) what projects should be funded by grant money provided to a rural county under
276 this chapter; and
277 (c) preparing reporting requirements for grant money received by a rural county under
278 this chapter.
279 Section 5. Section 19-13-101, which is renumbered from Section 63N-2-401 is
280 renumbered and amended to read:
281
282 [
283 This part is known as the "Recycling Market Development Zone Act."
284 Section 6. Section 19-13-102, which is renumbered from Section 63N-2-402 is
285 renumbered and amended to read:
286 [
287 As used in this part:
288 (1) "Composting" means the controlled decay of landscape waste or sewage sludge and
289 organic industrial waste, or a mixture of these, by the action of bacteria, fungi, molds, and other
290 organisms.
291 (2) "Postconsumer waste material" means any product generated by a business or
292 consumer that has served its intended end use, and that has been separated from solid waste for
293 the purposes of collection, recycling, and disposition and that does not include secondary waste
294 material.
295 (3) (a) "Recovered materials" means waste materials and by-products that have been
296 recovered or diverted from solid waste.
297 (b) "Recovered materials" does not include those materials and by-products generated
298 from, and commonly reused within, an original manufacturing process.
299 (4) (a) "Recycling" means the diversion of materials from the solid waste stream and
300 the beneficial use of the materials and includes a series of activities by which materials that
301 would become or otherwise remain waste are diverted from the waste stream for collection,
302 separation, and processing, and are used as raw materials or feedstocks in lieu of or in addition
303 to virgin materials in the manufacture of goods sold or distributed in commerce or the reuse of
304 the materials as substitutes for goods made from virgin materials.
305 (b) "Recycling" does not include burning municipal solid waste for energy recovery.
306 (5) "Recycling market development zone" or "zone" means an area designated by the
307 office as meeting the requirements of this part.
308 (6) (a) "Secondary waste material" means industrial by-products that go to disposal
309 facilities and waste generated after completion of a manufacturing process.
310 (b) "Secondary waste material" does not include internally generated scrap commonly
311 returned to industrial or manufacturing processes, such as home scrap and mill broke.
312 (7) "Tax incentive" means a nonrefundable tax credit available under Section 59-7-610
313 or 59-10-1007.
314 Section 7. Section 19-13-103, which is renumbered from Section 63N-2-403 is
315 renumbered and amended to read:
316 [
317 The [
318 (1) facilitate recycling development zones through state support of county incentives
319 [
320 currently collected;
321 (2) evaluate an application from a county or municipality executive authority to be
322 designated as a recycling market development zone and determine if the county or municipality
323 qualifies for that designation;
324 (3) provide technical assistance to municipalities and counties in developing
325 applications for designation as a recycling market development zone;
326 (4) assist counties and municipalities designated as recycling market development
327 zones in obtaining assistance from the federal government and agencies of the state;
328 (5) assist a qualified business in obtaining the benefits of an incentive or inducement
329 program authorized by this part; and
330 (6) monitor the implementation and operation of this part and conduct a continuing
331 evaluation of the progress made in the recycling market development zone[
332 [
333
334 Section 8. Section 19-13-104, which is renumbered from Section 63N-2-404 is
335 renumbered and amended to read:
336 [
337 Application process and fees.
338 (1) An area may be designated as a recycling market development zone only if:
339 (a) the county or municipality agrees to make a qualifying local contribution under
340 Section [
341 (b) the county or municipality provides for postconsumer waste collection for recycling
342 within the county or municipality.
343 (2) The executive authority of any municipality or county desiring to be designated as a
344 recycling market development zone shall:
345 (a) obtain the written approval of the municipality or county's legislative body; and
346 (b) file an application with the [
347 municipality meets the requirements of this part.
348 (3) The application shall be in a form prescribed by the [
349 include:
350 (a) a plan developed by the county or municipality that identifies local contributions
351 meeting the requirements of Section [
352 (b) a county or municipality development plan that outlines:
353 (i) the specific investment or development reasonably expected to take place;
354 (ii) any commitments obtained from businesses to participate, and in what capacities
355 regarding recycling markets;
356 (iii) the county's or municipality's economic development plan and demonstration of
357 coordination between the zone and the county or municipality in overall development goals;
358 (iv) zoning requirements demonstrating that sufficient portions of the proposed zone
359 area are zoned as appropriate for the development of commercial, industrial, or manufacturing
360 businesses;
361 (v) the county's or municipality's long-term waste management plan and evidence that
362 the zone will be adequately served by the plan; and
363 (vi) the county or municipality postconsumer waste collection infrastructure;
364 (c) the county's or municipality's proposed means of assessing the effectiveness of the
365 development plan or other programs implemented within the zone;
366 (d) state whether within the zone either of the following will be established:
367 (i) commercial manufacturing or industrial processes that will produce end products
368 that consist of not less than 50% recovered materials, of which not less than 25% is
369 postconsumer waste material; or
370 (ii) commercial composting;
371 (e) any additional information required by the [
372 (f) any additional information the county or municipality considers relevant to its
373 designation as a recycling market development zone.
374 (4) A county or municipality applying for designation as a recycling market
375 development zone shall pay to the [
376 Section 63J-1-504.
377 Section 9. Section 19-13-105, which is renumbered from Section 63N-2-405 is
378 renumbered and amended to read:
379 [
380 Qualifying local contributions to the recycling market development zone may vary
381 depending on available resources, and may include:
382 (1) simplified procedures for obtaining permits;
383 (2) dedication of available government grants;
384 (3) waiver of business license or permit fees;
385 (4) infrastructure improvements;
386 (5) private contributions;
387 (6) utility rate concessions;
388 (7) suspension or relaxation of locally originated zoning laws or general plans; and
389 (8) other proposed local contributions as the [
390 purposes of this part.
391 Section 10. Section 19-13-106, which is renumbered from Section 63N-2-406 is
392 renumbered and amended to read:
393 [
394 (1) The [
395 (a) review and evaluate an application submitted under Section [
396 19-13-104; and
397 (b) determine whether the municipality or county is eligible for designation as a
398 recycling market development zone.
399 (2) In designating recycling market development zones, the [
400 consider:
401 (a) whether the current waste management practices and conditions of the county or
402 municipality are favorable to the development of postconsumer waste material markets;
403 (b) whether the creation of the zone is necessary to assist in attracting private sector
404 recycling investments to the area; and
405 (c) the amount of available landfill capacity to serve the zone.
406 Section 11. Section 19-13-107, which is renumbered from Section 63N-2-407 is
407 renumbered and amended to read:
408 [
409 The [
410 designation as a recycling market development zone.
411 Section 12. Section 19-13-108, which is renumbered from Section 63N-2-408 is
412 renumbered and amended to read:
413 [
414 A recycling market development zone designation ends five years from the date the
415 [
416 which the county or municipality may reapply for the designation.
417 Section 13. Section 19-13-109, which is renumbered from Section 63N-2-409 is
418 renumbered and amended to read:
419 [
420 (1) The [
421 development zone if no businesses utilize the tax incentives during any calendar year.
422 (2) Before revocation of the zone, the [
423 hearing within a reasonable distance of the zone to determine reasons for inactivity and explore
424 possible alternative actions.
425 Section 14. Section 19-13-110, which is renumbered from Section 63N-2-410 is
426 renumbered and amended to read:
427 [
428 For a taxpayer within a recycling market development zone, there are allowed the
429 nonrefundable credits against tax as provided by Sections 59-7-610 and 59-10-1007.
430 Section 15. Section 19-13-111, which is renumbered from Section 63N-2-411 is
431 renumbered and amended to read:
432 [
433 (1) A county or municipality designated as a recycling market development zone shall
434 report by no later than July 31 of each year to the [
435 activity that has occurred in the zone following the designation.
436 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
437 [
438 Section 16. Section 53B-17-1101 is amended to read:
439 53B-17-1101. Definitions.
440 As used in this part:
441 (1) "Researcher" means an individual who:
442 (a) on May 8, 2018, is employed, alone or as part of a research team, by the university;
443 (b) before May 8, 2018, received funding from USTAR for some or all of the
444 researcher's startup costs or salary;
445 (c) was recruited to become a member of the university's faculty; and
446 (d) after May 8, 2018, receives some or all of the researcher's start up costs or salary
447 from a legislative appropriation to the university for that purpose.
448 (2) "University" means the University of Utah.
449 (3) "USTAR" means the Utah Science Technology and Research Initiative [
450
451 Section 17. Section 53B-18-1601 is amended to read:
452 53B-18-1601. Definitions.
453 As used in this part:
454 (1) "Researcher" means an individual who:
455 (a) on May 8, 2018, is employed, alone or as part of a research team, by the university;
456 (b) before May 8, 2018, received funding from USTAR for some or all of the
457 researcher's startup costs or salary;
458 (c) was recruited to become a member of the university's faculty; and
459 (d) after May 8, 2018, receives some or all of the researcher's start up costs or salary
460 from a legislative appropriation to the university for that purpose.
461 (2) "University" means Utah State University.
462 (3) "USTAR" means the Utah Science Technology and Research Initiative [
463
464 Section 18. Section 59-7-610 is amended to read:
465 59-7-610. Recycling market development zones tax credits.
466 (1) Subject to other provisions of this section, a taxpayer that is a business operating in
467 a recycling market development zone as defined in Section [
468 the following nonrefundable tax credits:
469 (a) a tax credit of 5% of the purchase price paid for machinery and equipment used
470 directly in:
471 (i) commercial composting; or
472 (ii) manufacturing facilities or plant units that:
473 (A) manufacture, process, compound, or produce recycled items of tangible personal
474 property for sale; or
475 (B) reduce or reuse postconsumer waste material; and
476 (b) a tax credit equal to the lesser of:
477 (i) 20% of net expenditures to third parties for rent, wages, supplies, tools, test
478 inventory, and utilities made by the taxpayer for establishing and operating recycling or
479 composting technology in [
480 (ii) $2,000.
481 (2) (a) To claim a tax credit described in Subsection (1), the taxpayer shall receive
482 from the [
483 a written certification, on a form approved by the commission, that includes:
484 (i) a statement that the taxpayer is operating a business within the boundaries of a
485 recycling market development zone;
486 (ii) for [
487 (A) the type of the machinery and equipment that the taxpayer purchased;
488 (B) the date that the taxpayer purchased the machinery and equipment;
489 (C) the purchase price for the machinery and equipment;
490 (D) the total purchase price for all machinery and equipment for which the taxpayer is
491 claiming a tax credit;
492 (E) a statement that the machinery and equipment are integral to the composting or
493 recycling process; and
494 (F) the amount of the taxpayer's tax credit; and
495 (iii) for [
496 (A) the type of net expenditure that the taxpayer made to a third party;
497 (B) the date that the taxpayer made the payment to a third party;
498 (C) the amount that the taxpayer paid to each third party;
499 (D) the total amount that the taxpayer paid to all third parties;
500 (E) a statement that the net expenditures support the establishment and operation of
501 recycling or composting technology in [
502 (F) the amount of the taxpayer's tax credit.
503 (b) (i) The [
504 Environmental Quality shall provide a taxpayer seeking to claim a tax credit under Subsection
505 (1) with a copy of the written certification.
506 (ii) The taxpayer shall retain a copy of the written certification for the same period of
507 time that a person is required to keep books and records under Section 59-1-1406.
508 (c) The [
509 Quality shall submit to the commission an electronic list that includes:
510 (i) the name and identifying information of each taxpayer to which the [
511 Department of Environmental Quality issues a written certification; and
512 (ii) for each taxpayer, the amount of each tax credit listed on the written certification.
513 (3) A taxpayer may not claim a tax credit under Subsection (1)(a), Subsection (1)(b), or
514 both that exceeds 40% of the taxpayer's state income tax liability as the tax liability is
515 calculated:
516 (a) for the taxable year in which the taxpayer made the purchases or payments;
517 (b) before any other tax credits the taxpayer may claim for the taxable year; and
518 (c) before the taxpayer [
519 (4) The commission shall make rules governing what information a taxpayer shall file
520 with the commission to verify the entitlement to and amount of a tax credit.
521 (5) Except as provided in Subsections (6) through (8), a taxpayer may carry forward, to
522 the next three taxable years, the amount of [
523
524 taxable year.
525 (6) A taxpayer may not claim or carry forward a tax credit described in Subsection
526 (1)(a) in a taxable year during which the taxpayer claims or carries forward a tax credit under
527 Section 63N-2-213.
528 (7) A taxpayer may not claim [
529 (1)(b) in a taxable year during which the taxpayer claims or carries forward a tax credit under
530 Section 63N-2-213.
531 (8) A taxpayer may not claim or carry forward a tax credit under this section for a
532 taxable year during which the taxpayer claims the targeted business income tax credit under
533 Section 59-7-624.
534 Section 19. Section 59-10-1007 is amended to read:
535 59-10-1007. Recycling market development zones tax credits.
536 (1) Subject to other provisions of this section, a claimant, estate, or trust in a recycling
537 market development zone as defined in Section [
538 following nonrefundable tax credits:
539 (a) a tax credit of 5% of the purchase price paid for machinery and equipment used
540 directly in:
541 (i) commercial composting; or
542 (ii) manufacturing facilities or plant units that:
543 (A) manufacture, process, compound, or produce recycled items of tangible personal
544 property for sale; or
545 (B) reduce or reuse postconsumer waste material; and
546 (b) a tax credit equal to the lesser of:
547 (i) 20% of net expenditures to third parties for rent, wages, supplies, tools, test
548 inventory, and utilities made by the claimant, estate, or trust for establishing and operating
549 recycling or composting technology in [
550 (ii) $2,000.
551 (2) (a) To claim a tax credit described in Subsection (1), the claimant, estate, or trust
552 shall receive from the [
553 Environmental Quality a written certification, on a form approved by the commission, that
554 includes:
555 (i) a statement that the claimant, estate, or trust is operating within the boundaries of a
556 recycling market development zone;
557 (ii) for [
558 (A) the type of the machinery and equipment that the claimant, estate, or trust
559 purchased;
560 (B) the date that the claimant, estate, or trust purchased the machinery and equipment;
561 (C) the purchase price for the machinery and equipment;
562 (D) the total purchase price for all machinery and equipment for which the claimant,
563 estate, or trust is claiming a tax credit;
564 (E) the amount of the claimant's, estate's, or trust's tax credit; and
565 (F) a statement that the machinery and equipment are integral to the composting or
566 recycling process; and
567 (iii) for [
568 (A) the type of net expenditure that the claimant, estate, or trust made to a third party;
569 (B) the date that the claimant, estate, or trust made the payment to a third party;
570 (C) the amount that the claimant, estate, or trust paid to each third party;
571 (D) the total amount that the claimant, estate, or trust paid to all third parties;
572 (E) a statement that the net expenditures support the establishment and operation of
573 recycling or composting technology in [
574 (F) the amount of the claimant's, estate's, or trust's tax credit.
575 (b) (i) The [
576 Environmental Quality shall provide a claimant, estate, or trust seeking to claim a tax credit
577 under Subsection (1) with a copy of the written certification.
578 (ii) The claimant, estate, or trust shall retain a copy of the written certification for the
579 same period of time that a person is required to keep books and records under Section
580 59-1-1406.
581 (c) The [
582 Quality shall submit to the commission an electronic list that includes:
583 (i) the name and identifying information of each claimant, estate, or trust to which the
584 [
585 (ii) for each claimant, estate, or trust, the amount of each tax credit listed on the written
586 certification.
587 (3) A claimant, estate, or trust may not claim a tax credit under Subsection (1)(a),
588 Subsection (1)(b), or both that exceeds 40% of the claimant's, estate's, or trust's state income
589 tax liability as the tax liability is calculated:
590 (a) for the taxable year in which the claimant, estate, or trust made the purchases or
591 payments;
592 (b) before any other tax credits the claimant, estate, or trust may claim for the taxable
593 year; and
594 (c) before the claimant, estate, or trust [
595 section.
596 (4) The commission shall make rules governing what information a claimant, estate, or
597 trust shall file with the commission to verify the entitlement to and amount of a tax credit.
598 (5) Except as provided in Subsections (6) through (8), a claimant, estate, or trust may
599 carry forward, to the next three taxable years, the amount of [
600
601 estate, or trust does not use for the taxable year.
602 (6) A claimant, estate, or trust may not claim or carry forward a tax credit described in
603 Subsection (1)(a) in a taxable year during which the claimant, estate, or trust claims or carries
604 forward a tax credit under Section 63N-2-213.
605 (7) A claimant, estate, or trust may not claim a tax credit described in Subsection (1)(b)
606 in a taxable year during which the claimant, estate, or trust claims or carries forward a tax
607 credit under Section 63N-2-213.
608 (8) A claimant, estate, or trust may not claim or carry forward a tax credit [
609 under this section for a taxable year during which the claimant, estate, or trust claims the
610 targeted business income tax credit under Section 59-10-1112.
611 Section 20. Section 63A-3-110 is amended to read:
612 63A-3-110. Personal use expenditures for state officers and employees.
613 (1) As used in this section:
614 (a) "Employee" means a person who is not an elected or appointed officer and who is
615 employed on a full- or part-time basis by a governmental entity.
616 (b) "Governmental entity" means:
617 (i) an executive branch agency of the state, the offices of the governor, lieutenant
618 governor, state auditor, attorney general, and state treasurer, the State Board of Education, and
619 the State Board of Regents;
620 (ii) the Office of the Legislative Auditor General, the Office of the Legislative Fiscal
621 Analyst, the Office of Legislative Research and General Counsel, the Legislature, and
622 legislative committees;
623 (iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
624 administrative units in the judicial branch; or
625 (iv) independent state entities created under Title 63H, Independent State Entities[
626 [
627
628 (c) "Officer" means a person who is elected or appointed to an office or position within
629 a governmental entity.
630 (d) (i) "Personal use expenditure" means an expenditure made without the authority of
631 law that:
632 (A) is not directly related to the performance of an activity as a state officer or
633 employee;
634 (B) primarily furthers a personal interest of a state officer or employee or a state
635 officer's or employee's family, friend, or associate; and
636 (C) would constitute taxable income under federal law.
637 (ii) "Personal use expenditure" does not include:
638 (A) a de minimis or incidental expenditure; or
639 (B) a state vehicle or a monthly stipend for a vehicle that an officer or employee uses to
640 travel to and from the officer or employee's official duties, including a minimal allowance for a
641 detour as provided by the state.
642 (e) "Public funds" means the same as that term is defined in Section 51-7-3.
643 (2) A state officer or employee may not:
644 (a) use public funds for a personal use expenditure; or
645 (b) incur indebtedness or liability on behalf of, or payable by, a governmental entity for
646 a personal use expenditure.
647 (3) If the Division of Finance or the responsible governmental entity determines that a
648 state officer or employee has intentionally made a personal use expenditure in violation of
649 Subsection (2), the governmental entity shall:
650 (a) require the state officer or employee to deposit the amount of the personal use
651 expenditure into the fund or account from which:
652 (i) the personal use expenditure was disbursed; or
653 (ii) payment for the indebtedness or liability for a personal use expenditure was
654 disbursed;
655 (b) require the state officer or employee to remit an administrative penalty in an
656 amount equal to 50% of the personal use expenditure to the Division of Finance; and
657 (c) deposit the money received under Subsection (3)(b) into the General Fund.
658 (4) (a) Any state officer or employee who has been found by a governmental entity to
659 have made a personal use expenditure in violation of Subsection (2) may appeal the finding of
660 the governmental entity.
661 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
662 Division of Finance shall make rules regarding an appeal process for an appeal made under
663 Subsection (4)(a), including the designation of an appeal authority.
664 (5) (a) Subject to Subsection (5)(b), the Division of Finance may withhold all or a
665 portion of the wages of a state officer or employee who has violated Subsection (2) until the
666 requirements of Subsection (3) have been met.
667 (b) If the state officer or employee has requested an appeal under Subsection (4), the
668 Division of Finance may only withhold the wages of the officer or employee after the appeal
669 authority described in Subsection (4)(b) has confirmed that the officer or employee violated
670 Subsection (2).
671 (6) Nothing in this chapter immunizes a state officer or employee from or precludes
672 any criminal prosecution or civil or employment action for an unlawful personal use
673 expenditure.
674 (7) A state officer or employee who is convicted of misusing public money or public
675 property under Section 76-8-402 may not disburse public funds or access public accounts.
676 Section 21. Section 63A-5-305 is amended to read:
677 63A-5-305. Leasing by higher education institutions.
678 (1) The Board of Regents shall establish written policies and procedures governing
679 leasing by higher education institutions.
680 (2) Except as provided in [
681 education institution shall comply with the procedures and requirements of the Board of
682 Regents' policies before signing or renewing a lease.
683 Section 22. Section 63C-10-103 is amended to read:
684 63C-10-103. Duties.
685 (1) The board shall:
686 (a) serve as an advisory board to:
687 (i) the governor on rural economic and planning issues; and
688 (ii) the Governor's Office of Economic Development on rural economic development
689 issues;
690 (b) prepare an annual strategic plan that:
691 (i) identifies rural economic development, planning, and leadership training challenges,
692 opportunities, priorities, and objectives; and
693 (ii) includes a work plan for accomplishing the objectives referred to in Subsection
694 (1)(b)(i);
695 (c) identify local, regional, and statewide rural economic development and planning
696 priorities;
697 (d) study and take input on issues relating to local, regional, and statewide rural
698 economic development, including challenges, opportunities, best practices, policy, planning,
699 and collaboration;
700 (e) advocate for rural needs, programs, policies, opportunities, and other issues relating
701 to rural economic development and planning;
702 (f) oversee the Rural County Grant Program created in Section 17-54-103; and
703 [
704
705 [
706
707 [
708 [
709
710 [
711 and the Economic Development and Workforce Services Interim Committee an annual report,
712 in accordance with Section 68-3-14, that provides:
713 (i) an overview of the rural economy in the state;
714 (ii) a summary of current issues and policy matters relating to rural economic
715 development; and
716 (iii) a statement of the board's initiatives, programs, and economic development
717 priorities.
718 (2) The board may engage in activities necessary to fulfill the board's duties, including:
719 (a) propose or support rural economic development legislation; and
720 (b) create one or more subcommittees.
721 Section 23. Section 63I-1-263 is amended to read:
722 63I-1-263. Repeal dates, Titles 63A to 63N.
723 (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
724 (a) Subsection 63A-1-201(1) is repealed;
725 (b) Subsection 63A-1-202(2)(c), the language that states "using criteria established by
726 the board" is repealed;
727 (c) Section 63A-1-203 is repealed;
728 (d) Subsections 63A-1-204(1) and (2), the language that states "After consultation with
729 the board, and" is repealed; and
730 (e) Subsection 63A-1-204(1)(b), the language that states "using the standards provided
731 in Subsection 63A-1-203(3)(c)" is repealed.
732 (2) Subsection 63A-5-228(2)(h), relating to prioritizing and allocating capital
733 improvement funding, is repealed [
734 (3) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
735 (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
736 1, 2028.
737 (5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
738 2025.
739 (6) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
740 2020.
741 (7) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
742 repealed July 1, 2021.
743 (8) Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed July 1,
744 2023.
745 (9) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
746 2025.
747 (10) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
748 2020.
749 (11) In relation to the State Fair Corporation Board of Directors, on January 1, 2025:
750 (a) Subsection 63H-6-104(2)(c), related to a Senate appointment, is repealed;
751 (b) Subsection 63H-6-104(2)(d), related to a House appointment, is repealed;
752 (c) in Subsection 63H-6-104(2)(e), the language that states ", of whom only one may
753 be a legislator, in accordance with Subsection (3)(e)," is repealed;
754 (d) Subsection 63H-6-104(3)(a)(i) is amended to read:
755 "(3)(a)(i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
756 Subsection (2)(e) or (f) shall serve a term that expires on the December 1 four years after the
757 year that the board member was appointed.";
758 (e) in Subsections 63H-6-104(3)(a)(ii), (c)(ii), and (d), the language that states "the
759 president of the Senate, the speaker of the House, the governor," is repealed and replaced with
760 "the governor"; and
761 (f) Subsection 63H-6-104(3)(e), related to limits on the number of legislators, is
762 repealed.
763 (12) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
764 (13) Section 63M-7-212 is repealed [
765 (14) On July 1, 2025:
766 (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
767 Development Coordinating Committee," is repealed;
768 (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
769 sites for the transplant of species to local government officials having jurisdiction over areas
770 that may be affected by a transplant.";
771 (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
772 Coordinating Committee" is repealed;
773 (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
774 Coordinating Committee created in Section 63J-4-501 and" is repealed;
775 (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
776 Coordinating Committee and" is repealed;
777 (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
778 accordingly;
779 (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
780 (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
781 word "and" is inserted immediately after the semicolon;
782 (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
783 (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
784 and
785 (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
786 renumbered accordingly.
787 (15) Subsection 63J-1-602.1(13), Nurse Home Visiting Restricted Account is repealed
788 July 1, 2026.
789 (16) Subsection 63J-1-602.2(4), referring to dedicated credits to the Utah Marriage
790 Commission, is repealed July 1, 2023.
791 (17) Subsection 63J-1-602.2(5), referring to the Trip Reduction Program, is repealed
792 July 1, 2022.
793 (18) (a) Subsection 63J-1-602.1[
794 Restricted Account, is repealed July 1, 2022.
795 (b) When repealing Subsection 63J-1-602.1[
796 Research and General Counsel shall, in addition to the office's authority under Subsection
797 36-12-12(3), make necessary changes to subsection numbering and cross references.
798 (19) Subsection 63J-1-602.2[
799 Commission, is repealed January 1, 2025.
800 (20) Subsection 63J-4-708(1), in relation to the Talent Ready Utah Board, on January
801 1, 2023, is amended to read:
802 "(1) On or before October 1, the board shall provide an annual written report to the
803 Social Services Appropriations Subcommittee and the Economic Development and Workforce
804 Services Interim Committee.".
805 (21) In relation to the Utah Substance Use and Mental Health Advisory Council, on
806 January 1, 2023:
807 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
808 repealed;
809 (b) Section 63M-7-305, the language that states "council" is replaced with
810 "commission";
811 (c) Subsection 63M-7-305(1) is repealed and replaced with:
812 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
813 (d) Subsection 63M-7-305(2) is repealed and replaced with:
814 "(2) The commission shall:
815 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
816 Drug-Related Offenses Reform Act; and
817 (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
818 Subsections 77-18-1(5)(b)(iii) and (iv).".
819 (22) The Crime Victim Reparations and Assistance Board, created in Section
820 63M-7-504, is repealed July 1, 2027.
821 (23) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
822 (24) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is repealed
823 on January 1, 2023.
824 (25) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
825 [
826
827 [
828
829
830 [
831 [
832
833 [
834
835 [
836
837 [
838 [
839
840
841 [
842
843 [
844 [
845 January 1, 2021.
846 (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
847 calendar years beginning on or after January 1, 2021.
848 (c) Notwithstanding Subsection [
849 in accordance with Section 59-9-107 if:
850 (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
851 31, 2020; and
852 (ii) the qualified equity investment that is the basis of the tax credit is certified under
853 Section 63N-2-603 on or before December 31, 2023.
854 [
855 2023.
856 [
857 repealed July 1, 2023.
858 [
859 Program, is repealed January 1, 2023.
860 [
861 2021:
862 (a) Subsection 63N-10-201(2)(a) is amended to read:
863 "(2) (a) The governor shall appoint five commission members with the advice and
864 consent of the Senate.";
865 (b) Subsection 63N-10-201(2)(b), related to legislative appointments, is repealed;
866 (c) in Subsection 63N-10-201(3)(a), the language that states ", president, or speaker,
867 respectively," is repealed; and
868 (d) Subsection 63N-10-201(3)(d) is amended to read:
869 "(d) The governor may remove a commission member for any reason and replace the
870 commission member in accordance with this section.".
871 [
872 (a) Subsection 9-22-102(16) is repealed;
873 (b) in Subsection 9-22-114(2), the language that states "Talent Ready Utah," is
874 repealed; and
875 (c) in Subsection 9-22-114(5), the language that states "representatives of Talent Ready
876 Utah," is repealed.
877 [
878 January 1, 2023.
879 Section 24. Section 63J-1-602.2 is amended to read:
880 63J-1-602.2. List of nonlapsing appropriations to programs.
881 Appropriations made to the following programs are nonlapsing:
882 (1) The Legislature and its committees.
883 (2) The Percent-for-Art Program created in Section 9-6-404.
884 (3) The LeRay McAllister Critical Land Conservation Program created in Section
885 11-38-301.
886 (4) Dedicated credits accrued to the Utah Marriage Commission as provided under
887 Subsection 17-16-21(2)(d)(ii).
888 (5) The Trip Reduction Program created in Section 19-2a-104.
889 (6) The Division of Wildlife Resources for the appraisal and purchase of lands under
890 the Pelican Management Act, as provided in Section 23-21a-6.
891 (7) The primary care grant program created in Section 26-10b-102.
892 (8) Sanctions collected as dedicated credits from Medicaid provider under Subsection
893 26-18-3(7).
894 (9) The Utah Health Care Workforce Financial Assistance Program created in Section
895 26-46-102.
896 (10) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
897 (11) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
898 (12) Funds that the Department of Alcoholic Beverage Control retains in accordance
899 with Subsection 32B-2-301(7)(a) or (b).
900 (13) The General Assistance program administered by the Department of Workforce
901 Services, as provided in Section 35A-3-401.
902 (14) A new program or agency that is designated as nonlapsing under Section
903 36-24-101.
904 (15) The Utah National Guard, created in Title 39, Militia and Armories.
905 (16) The State Tax Commission under Section 41-1a-1201 for the:
906 (a) purchase and distribution of license plates and decals; and
907 (b) administration and enforcement of motor vehicle registration requirements.
908 (17) The Search and Rescue Financial Assistance Program, as provided in Section
909 53-2a-1102.
910 (18) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
911 (19) The State Board of Regents for teacher preparation programs, as provided in
912 Section 53B-6-104.
913 (20) The Medical Education Program administered by the Medical Education Council,
914 as provided in Section 53B-24-202.
915 (21) The State Board of Education, as provided in Section 53F-2-205.
916 (22) The Division of Services for People with Disabilities, as provided in Section
917 62A-5-102.
918 (23) The Division of Fleet Operations for the purpose of upgrading underground
919 storage tanks under Section 63A-9-401.
920 (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
921 (25) Appropriations to the Department of Technology Services for technology
922 innovation as provided under Section 63F-4-202.
923 (26) The Office of Administrative Rules for publishing, as provided in Section
924 63G-3-402.
925 [
926
927 [
928 Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
929 [
930 Rural Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
931 Employment Expansion Program.
932 [
933 provided in Section 67-19-6.
934 [
935 fund, as provided in Section 69-2-301.
936 [
937 [
938 in Section 77-10a-19.
939 [
940 78A-6-210.
941 [
942 [
943 [
944 and 78B-6-144.5.
945 [
946 Defense Commission.
947 [
948 Management under Subsection 63A-5-228(3) under which state agencies receive an
949 appropriation and pay lease payments for the use and occupancy of buildings owned by the
950 Division of Facilities Construction and Management.
951 Section 25. Section 63N-1-501 is amended to read:
952 63N-1-501. Governor's Economic Development Coordinating Council --
953 Membership -- Expenses.
954 (1) There is created in the office the Governor's Economic Development Coordinating
955 Council, consisting of the following 11 members:
956 (a) the executive director, who shall serve as chair of the council;
957 (b) the chair of the board or the chair's designee;
958 [
959
960 [
961 63C-10-102 or the chair's designee;
962 [
963 created in Section 63N-6-301 or the chair's designee;
964 [
965 organization or the chair's designee;
966 [
967 chair's designee; and
968 [
969 Senate, who have expertise in business, economic development, entrepreneurship, or the
970 raising of venture or seed capital for research and business growth.
971 (2) (a) The [
972 two consecutive two-year terms.
973 (b) The governor shall appoint a replacement if a vacancy occurs from the membership
974 appointed under Subsection (1)[
975 (3) Six members of the council constitute a quorum for the purpose of conducting
976 council business and the action of a majority of a quorum constitutes the action of the council.
977 (4) A member may not receive compensation or benefits for the member's service on
978 the council, but may receive per diem and travel expenses in accordance with:
979 (a) Sections 63A-3-106 and 63A-3-107; and
980 (b) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
981 (5) The office shall provide office space and administrative staff support for the
982 council.
983 (6) The council, as a governmental entity, has all the rights, privileges, and immunities
984 of a governmental entity of the state and its meetings are subject to Title 52, Chapter 4, Open
985 and Public Meetings Act.
986 Section 26. Section 63N-2-203 is amended to read:
987 63N-2-203. Powers of the office.
988 The office shall:
989 (1) monitor the implementation and operation of this part and conduct a continuing
990 evaluation of the progress made in the enterprise zones;
991 (2) evaluate an application for designation as an enterprise zone from a county
992 applicant or a municipal applicant and determine if the applicant qualifies for that designation;
993 (3) provide technical assistance to county applicants and municipal applicants in
994 developing applications for designation as enterprise zones;
995 (4) assist county applicants and municipal applicants designated as enterprise zones in
996 obtaining assistance from the federal government and agencies of the state;
997 (5) assist a qualified business entity in obtaining the benefits of an incentive or
998 inducement program authorized by this part; and
999 (6) as part of the annual written report described in Section 63N-1-301, prepare an
1000 annual evaluation that provides:
1001 (a) based on data from the State Tax Commission, the total amount of tax credits
1002 claimed under this part;
1003 (b) the total amount awarded in tax credits for each development zone;
1004 (c) the number of new full-time employee positions reported to obtain tax credits in
1005 each development zone;
1006 (d) the amount of tax credits awarded for rehabilitating a building in each development
1007 zone;
1008 (e) the amount of tax credits awarded for investing in a plant, equipment, or other
1009 depreciable property in each development zone; and
1010 [
1011
1012 [
1013 suggestions for legislation.
1014 Section 27. Section 63N-2-204 is amended to read:
1015 63N-2-204. Criteria for designation of enterprise zones -- Application.
1016 (1) A county applicant seeking designation as an enterprise zone shall file an
1017 application with the office that, in addition to complying with the other requirements of this
1018 part:
1019 (a) verifies that the county has a population of not more than 70,000; and
1020 (b) provides clear evidence of the need for development in the county.
1021 (2) A municipal applicant seeking designation as an enterprise zone shall file an
1022 application with the office that, in addition to complying with other requirements of this part:
1023 (a) verifies that the municipality has a population that does not exceed 20,000;
1024 (b) verifies that the municipality is within a county that has a population of not more
1025 than 70,000; and
1026 (c) provides clear evidence of the need for development in the municipality.
1027 (3) An application filed under Subsection (1) or (2) shall be in a form and in
1028 accordance with procedures approved by the office, and shall include the following
1029 information:
1030 (a) a plan developed by the county applicant or municipal applicant that identifies local
1031 contributions meeting the requirements of Section 63N-2-205;
1032 (b) the county applicant or municipal applicant has a development plan that outlines:
1033 (i) the types of investment and development within the zone that the county applicant
1034 or municipal applicant expects to take place if the incentives specified in this part are provided;
1035 (ii) the specific investment or development reasonably expected to take place;
1036 (iii) any commitments obtained from businesses;
1037 (iv) the projected number of jobs that will be created and the anticipated wage level of
1038 those jobs;
1039 (v) any proposed emphasis on the type of jobs created, including any affirmative action
1040 plans; and
1041 (vi) a copy of the county applicant's or municipal applicant's economic development
1042 plan to demonstrate coordination between the zone and overall county or municipal goals;
1043 (c) the county applicant's or municipal applicant's proposed means of assessing the
1044 effectiveness of the development plan or other programs within the zone once they have been
1045 implemented within the zone;
1046 (d) any additional information required by the office; and
1047 (e) any additional information the county applicant or municipal applicant considers
1048 relevant to its designation as an enterprise zone.
1049 (4) On or after January 1, 2021, no new enterprise zones shall be designated.
1050 Section 28. Section 63N-2-208 is amended to read:
1051 63N-2-208. Duration of designation.
1052 (1) Each enterprise zone has a duration of five years[
1053
1054 (2) On or after January 1, 2021, neither a municipality nor a county may reapply for an
1055 enterprise zone designation for an enterprise zone that has reached the end of the enterprise
1056 zone's five-year duration.
1057 Section 29. Section 63N-2-213 is amended to read:
1058 63N-2-213. State tax credits.
1059 (1) The office shall certify a business entity's eligibility for a tax credit described in this
1060 section.
1061 (2) A business entity seeking to receive a tax credit as provided in this section shall
1062 provide the office with:
1063 (a) an application for a tax credit certificate in a form approved by the office, including
1064 a certification, by an officer of the business entity, of a signature on the application; and
1065 (b) documentation that demonstrates the business entity has met the requirements to
1066 receive the tax credit.
1067 (3) If, after review of an application and documentation provided by a business entity
1068 as described in Subsection (2), the office determines that the application and documentation are
1069 inadequate to provide a reasonable justification for authorizing the tax credit, the office shall:
1070 (a) deny the tax credit; or
1071 (b) inform the business entity that the application or documentation was inadequate
1072 and ask the business entity to submit additional documentation.
1073 (4) If, after review of an application and documentation provided by a business entity
1074 as described in Subsection (2), the office determines that the application and documentation
1075 provide reasonable justification for authorizing a tax credit, the office shall:
1076 (a) determine the amount of the tax credit to be granted to the business entity;
1077 (b) issue a tax credit certificate to the business entity; and
1078 (c) provide a duplicate copy of the tax credit certificate to the State Tax Commission.
1079 (5) A business entity may not claim a tax credit under this section unless the business
1080 entity has a tax credit certificate issued by the office.
1081 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1082 office shall make rules describing:
1083 (a) the form and content of an application for a tax credit under this section;
1084 (b) the documentation requirements for a business entity to receive a tax credit
1085 certificate under this section; and
1086 (c) administration of the program, including relevant timelines and deadlines.
1087 (7) Subject to the limitations of Subsections (8) through (10), and if the requirements
1088 of this part are met, the following nonrefundable tax credits against a tax under Title 59,
1089 Chapter 7, Corporate Franchise and Income Taxes, or Title 59, Chapter 10, Individual Income
1090 Tax Act, are applicable in an enterprise zone:
1091 (a) a tax credit of $750 may be claimed by a business entity for each new full-time
1092 employee position created within the enterprise zone;
1093 (b) an additional $500 tax credit may be claimed if the new full-time employee position
1094 created within the enterprise zone pays at least 125% of:
1095 (i) the county average monthly nonagricultural payroll wage for the respective industry
1096 as determined by the Department of Workforce Services; or
1097 (ii) if the county average monthly nonagricultural payroll wage is not available for the
1098 respective industry, the total average monthly nonagricultural payroll wage in the respective
1099 county where the enterprise zone is located;
1100 (c) an additional tax credit of $750 may be claimed if the new full-time employee
1101 position created within the enterprise zone is in a business entity that adds value to agricultural
1102 commodities through manufacturing or processing;
1103 (d) an additional tax credit of $200 may be claimed [
1104 each new full-time employee position created within the enterprise zone that is filled by an
1105 employee who is insured under an employer-sponsored health insurance program if the
1106 employer pays at least 50% of the premium cost for the year for which the credit is claimed;
1107 (e) a tax credit of 25% of the first $200,000 spent on rehabilitating a building in the
1108 enterprise zone that has been vacant for two years or more, including that the building has had
1109 or contained no occupants, tenants, furniture, or personal property for two years or more, in the
1110 time period immediately before the rehabilitation; and
1111 (f) an annual investment tax credit [
1112 of the first [
1113 investment in plant, equipment, or other depreciable property.
1114 (8) (a) Subject to the limitations of Subsection (8)(b), a business entity claiming a tax
1115 credit under Subsections (7)(a) through (d) may claim the tax credit for no more than 30
1116 full-time employee positions in a taxable year.
1117 (b) A business entity that received a tax credit for one or more new full-time employee
1118 positions under Subsections (7)(a) through (d) in a prior taxable year may claim a tax credit for
1119 a new full-time employee position in a subsequent taxable year under Subsections (7)(a)
1120 through (d) if:
1121 (i) the business entity has created a new full-time position within the enterprise zone;
1122 and
1123 (ii) the total number of [
1124 point during the tax year for which the tax credit is being claimed is greater than the highest
1125 number of [
1126 [
1127 (c) Construction jobs are not eligible for the tax credits under Subsections (7)(a)
1128 through (d).
1129 (9) If the amount of a tax credit under this section exceeds a business entity's tax
1130 liability under this chapter for a taxable year, the business entity may carry forward the amount
1131 of the tax credit exceeding the liability for a period that does not exceed the next three taxable
1132 years.
1133 (10) Tax credits under Subsections (7)(a) through (f) may not be claimed by a business
1134 entity primarily engaged in retail trade or by a public utilities business.
1135 (11) A business entity that has no employees:
1136 (a) may not claim tax credits under Subsections (7)(a) through (d); and
1137 (b) may claim tax credits under Subsections (7)(e) through (f).
1138 (12) (a) A business entity may not claim or carry forward a tax credit available under
1139 this part for a taxable year during which the business entity has claimed the targeted business
1140 income tax credit available under Section 63N-2-304.
1141 (b) A business entity may not claim or carry forward a tax credit available under this
1142 section for a taxable year during which the business entity claims or carries forward a tax credit
1143 available under Section 59-7-610 or 59-10-1007.
1144 (13) (a) On or before November 30, 2018, and every three years after 2018, the
1145 Revenue and Taxation Interim Committee shall review the tax credits provided by this section
1146 and make recommendations concerning whether the tax credits should be continued, modified,
1147 or repealed.
1148 (b) In conducting the review required by Subsection (13)(a), the Revenue and Taxation
1149 Interim Committee shall:
1150 (i) schedule time on at least one committee agenda to conduct the review;
1151 (ii) invite state agencies, individuals, and organizations concerned with the credits
1152 under review to provide testimony;
1153 (iii) ensure that the recommendations described in this section include an evaluation of:
1154 (A) the cost of the tax credits to the state;
1155 (B) the purpose and effectiveness of the tax credits; and
1156 (C) the extent to which the state benefits from the tax credits; and
1157 (iv) undertake other review efforts as determined by the chairs of the Revenue and
1158 Taxation Interim Committee.
1159 Section 30. Section 63N-4-104 is amended to read:
1160 63N-4-104. Duties.
1161 (1) The Office of Rural Development shall:
1162 (a) provide staff support to the Governor's Rural Partnership Board in accordance with
1163 Subsection 63C-10-102(6);
1164 (b) facilitate within GOED the implementation of the strategic plan prepared under
1165 Subsection 63C-10-103(1)(b);
1166 (c) work to enhance the capacity of GOED to address rural economic development,
1167 planning, and leadership training challenges and opportunities by establishing partnerships and
1168 positive working relationships with appropriate public and private sector entities, individuals,
1169 and institutions;
1170 (d) work with the Governor's Rural Partnership Board to coordinate and focus
1171 available resources in ways that address the economic development, planning, and leadership
1172 training challenges and priorities in rural Utah; [
1173 (e) assist the Governor's Rural Partnership Board in administering the Rural County
1174 Grant Program created in Section 17-54-103, including, as described in Subsection
1175 17-54-103(10), compiling reported information regarding the program for inclusion in GOED's
1176 annual written report described in Section 63N-1-301; and
1177 [
1178 government, coordinate relations between:
1179 (i) the state;
1180 (ii) rural governments;
1181 (iii) other public and private groups engaged in rural economic planning and
1182 development; and
1183 (iv) federal agencies.
1184 (2) (a) The Office of Rural Development may:
1185 (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1186 make rules necessary to carry out its duties;
1187 (ii) accept gifts, grants, devises, and property, in cash or in kind, for the benefit of rural
1188 Utah citizens; and
1189 (iii) use those gifts, grants, devises, and property received under Subsection (2)(a)(ii)
1190 for the use and benefit of rural citizens within the state.
1191 (b) All resources received under Subsection (2)(a)(ii) shall be deposited in the General
1192 Fund as dedicated credits to be used as directed in Subsection (2)(a)(iii).
1193 Section 31. Section 63N-4-701 is enacted to read:
1194
1195 63N-4-701. Title.
1196 This part is known as the "Rural Speculative Industrial Building Program."
1197 Section 32. Section 63N-4-702 is enacted to read:
1198 63N-4-702. Definitions.
1199 As used in this part:
1200 (1) "Entity" means a county, city, or private company.
1201 (2) "Lease" means a legal contract entered into by the office and a lessor of a rural
1202 speculative industrial building before the construction of a rural speculative industrial building.
1203 (3) "Program" means the Rural Speculative Industrial Building Program created in
1204 Section 63N-4-703.
1205 (4) "Rural speculative industrial building" means an industrial facility that is
1206 constructed with the support of the program in a rural area and that does not have a private
1207 entity tenant at the time construction begins.
1208 (5) "Rural area" means any area in a county of the state, except for an area in Salt Lake,
1209 Utah, Davis, Weber, Washington, Cache, Tooele, or Summit counties.
1210 Section 33. Section 63N-4-703 is enacted to read:
1211 63N-4-703. Creation and purpose of the Rural Speculative Industrial Building
1212 Program.
1213 (1) There is created the Rural Speculative Industrial Building Program administered by
1214 the office.
1215 (2) In administering the program, the office shall encourage the construction of rural
1216 speculative industrial buildings by private developers in one or more rural areas to attract new
1217 or expanding businesses into rural areas.
1218 Section 34. Section 63N-4-704 is enacted to read:
1219 63N-4-704. Requirements for entering into a lease.
1220 (1) In accordance with the provisions of this part and in accordance with Title 63G,
1221 Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules establishing the
1222 eligibility and reporting criteria for an applicant to participate in the program as a lessor of a
1223 rural speculative industrial building, including:
1224 (a) the form and process of submitting an application to the office;
1225 (b) the eligibility requirements of an applicant;
1226 (c) the method and formula for determining lease terms between the office and a lessor
1227 of a rural speculative industrial building; and
1228 (d) the reporting requirements of participants in the program.
1229 (2) In determining whether to approve an application for participation in the program,
1230 the office may prioritize a project:
1231 (a) that will serve underprivileged or underserved communities, including communities
1232 with high unemployment or low median incomes;
1233 (b) where an applicant demonstrates comprehensive planning of the project, including
1234 a business case;
1235 (c) where the applicant, as determined by the office, is likely to have success in
1236 attracting a tenant to assume the office's lease of a rural speculative industrial building in a
1237 short amount of time; and
1238 (d) that maximizes economic development opportunities in accordance with the
1239 economic development needs or plans of a county or a municipality.
1240 (3) Subject to legislative appropriation, a lease may only be entered into by the office
1241 if:
1242 (a) the executive director, after consultation with the board, approves entering into the
1243 lease;
1244 (b) the local municipal entity supports the program through the provision of local
1245 incentives, reduced impact fees, or other monetary support for the rural speculative industrial
1246 building; and
1247 (c) the lease terms are not more than $100,000 per year with a maximum five-year
1248 lease term.
1249 (4) The office shall include in the annual written report described in Section
1250 63N-1-301:
1251 (a) an overview of each lease entered into under this program; and
1252 (b) the success of this program in attracting new or expanding businesses into rural
1253 areas.
1254 Section 35. Section 67-19-15 is amended to read:
1255 67-19-15. Career service -- Exempt positions -- Schedules for civil service
1256 positions -- Coverage of career service provisions.
1257 (1) Except as otherwise provided by law or by rules and regulations established for
1258 federally aided programs, the following positions are exempt from the career service provisions
1259 of this chapter and are designated under the following schedules:
1260 (a) schedule AA includes the governor, members of the Legislature, and all other
1261 elected state officers;
1262 (b) schedule AB includes appointed executives and board or commission executives
1263 enumerated in Section 67-22-2;
1264 (c) schedule AC includes all employees and officers in:
1265 (i) the office and at the residence of the governor;
1266 [
1267 [
1268 [
1269 [
1270 (d) schedule AD includes employees who:
1271 (i) are in a confidential relationship to an agency head or commissioner; and
1272 (ii) report directly to, and are supervised by, a department head, commissioner, or
1273 deputy director of an agency or its equivalent;
1274 (e) schedule AE includes each employee of the State Board of Education that the State
1275 Board of Education designates as exempt from the career service provisions of this chapter;
1276 (f) schedule AG includes employees in the Office of the Attorney General who are
1277 under their own career service pay plan under Sections 67-5-7 through 67-5-13;
1278 (g) schedule AH includes:
1279 (i) teaching staff of all state institutions; and
1280 (ii) employees of the Utah Schools for the Deaf and the Blind who are:
1281 (A) educational interpreters as classified by the department; or
1282 (B) educators as defined by Section 53E-8-102;
1283 (h) schedule AN includes employees of the Legislature;
1284 (i) schedule AO includes employees of the judiciary;
1285 (j) schedule AP includes all judges in the judiciary;
1286 (k) schedule AQ includes:
1287 (i) members of state and local boards and councils appointed by the governor and
1288 governing bodies of agencies;
1289 (ii) a water commissioner appointed under Section 73-5-1;
1290 (iii) other local officials serving in an ex officio capacity; and
1291 (iv) officers, faculty, and other employees of state universities and other state
1292 institutions of higher education;
1293 (l) schedule AR includes employees in positions that involve responsibility:
1294 (i) for determining policy;
1295 (ii) for determining the way in which a policy is carried out; or
1296 (iii) of a type not appropriate for career service, as determined by the agency head with
1297 the concurrence of the executive director;
1298 (m) schedule AS includes any other employee:
1299 (i) whose appointment is required by statute to be career service exempt;
1300 (ii) whose agency is not subject to this chapter; or
1301 (iii) whose agency has authority to make rules regarding the performance,
1302 compensation, and bonuses for its employees;
1303 (n) schedule AT includes employees of the Department of Technology Services,
1304 designated as executive/professional positions by the executive director of the Department of
1305 Technology Services with the concurrence of the executive director;
1306 (o) schedule AU includes patients and inmates employed in state institutions;
1307 (p) employees of the Department of Workforce Services, designated as schedule AW:
1308 (i) who are temporary employees that are federally funded and are required to work
1309 under federally qualified merit principles as certified by the director; or
1310 (ii) for whom substantially all of their work is repetitive, measurable, or transaction
1311 based, and who voluntarily apply for and are accepted by the Department of Workforce
1312 Services to work in a pay for performance program designed by the Department of Workforce
1313 Services with the concurrence of the executive director; and
1314 (q) for employees in positions that are temporary, seasonal, time limited, funding
1315 limited, or variable hour in nature, under schedule codes and parameters established by the
1316 department by administrative rule.
1317 (2) The civil service shall consist of two schedules as follows:
1318 (a) (i) Schedule A is the schedule consisting of positions under Subsection (1).
1319 (ii) Removal from any appointive position under schedule A, unless otherwise
1320 regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
1321 (b) Schedule B is the competitive career service schedule, consisting of:
1322 (i) all positions filled through competitive selection procedures as defined by the
1323 executive director; or
1324 (ii) positions filled through a department approved on-the-job examination intended to
1325 appoint a qualified person with a disability, or a veteran in accordance with Title 71, Chapter
1326 10, Veterans Preference.
1327 (3) (a) The executive director, after consultation with the heads of concerned executive
1328 branch departments and agencies and with the approval of the governor, shall allocate positions
1329 to the appropriate schedules under this section.
1330 (b) Agency heads shall make requests and obtain approval from the executive director
1331 before changing the schedule assignment and tenure rights of any position.
1332 (c) Unless the executive director's decision is reversed by the governor, when the
1333 executive director denies an agency's request, the executive director's decision is final.
1334 (4) (a) Compensation for employees of the Legislature shall be established by the
1335 directors of the legislative offices in accordance with Section 36-12-7.
1336 (b) Compensation for employees of the judiciary shall be established by the state court
1337 administrator in accordance with Section 78A-2-107.
1338 (c) Compensation for officers, faculty, and other employees of state universities and
1339 institutions of higher education shall be established as provided in Title 53B, Chapter 1,
1340 Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2, Institutions of
1341 Higher Education.
1342 (d) Unless otherwise provided by law, compensation for all other schedule A
1343 employees shall be established by their appointing authorities, within ranges approved by, and
1344 after consultation with the executive director of the Department of Human Resource
1345 Management.
1346 (5) An employee who is in a position designated schedule AC and who holds career
1347 service status on June 30, 2010, shall retain the career service status if the employee:
1348 (a) remains in the position that the employee is in on June 30, 2010; and
1349 (b) does not elect to convert to career service exempt status in accordance with a rule
1350 made by the department.
1351 Section 36. Repealer.
1352 This bill repeals:
1353 Section 13-1-14, Workforce Development Restricted Account.
1354 Section 59-7-614.11, Nonrefundable nonprofit contribution tax credit.
1355 Section 59-10-1039, Nonrefundable nonprofit contribution tax credit.
1356 Section 63M-2-101, Title.
1357 Section 63M-2-102, Definitions.
1358 Section 63M-2-301, The Utah Science Technology and Research Initiative --
1359 Governing authority -- Program director.
1360 Section 63M-2-302, USTAR powers and duties.
1361 Section 63M-2-302.5, USTAR requirements.
1362 Section 63M-2-304, Background checks for employees.
1363 Section 63M-2-501, Title.
1364 Section 63M-2-502, Principal researchers -- Agreement requirements --
1365 Discontinuing funding.
1366 Section 63M-2-503, USTAR grant programs.
1367 Section 63M-2-504, Other USTAR support.
1368 Section 63M-2-601, Title.
1369 Section 63M-2-602, Lease agreement for a research building -- Requirements for
1370 lease agreement.
1371 Section 63M-2-701, Title.
1372 Section 63M-2-703, Reporting requirements for private entities.
1373 Section 63M-2-801, Title.
1374 Section 63M-2-802, USTAR annual report.
1375 Section 63M-2-803, Audit requirements.
1376 Section 63N-2-213.5, State tax credits for contributions to a nonprofit corporation.
1377 Section 63N-3-104, Rural Fast Track Program -- Creation -- Funding --
1378 Qualifications for program participation -- Awards -- Reports.
1379 Section 63N-3-104.5, Business Expansion and Retention Initiative -- Creation --
1380 Funding -- Qualifications for program participation -- Awards -- Reports.
1381 Section 37. Appropriation.
1382 Subsection 37(a). Appropriation for fiscal year 2020.
1383 The following sums of money are appropriated for the fiscal year beginning July 1,
1384 2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
1385 fiscal year 2020.
1386 The Legislature authorizes the State Division of Finance to transfer the following
1387 amounts to the unrestricted General Fund, Education Fund, or Uniform School Fund, as
1388 indicated, from the restricted funds or accounts indicated. Expenditures and outlays from the
1389 General Fund, Education Fund, or Uniform School Fund must be authorized by an
1390 appropriation.
1391 ITEM 1
1392 To General Fund
1393 From Nonlapsing Balances -- USTAR -- Support Programs
$1,436,200
1394 Schedule of Programs:
1395 General Fund, One-time $1,436,200
1396 ITEM 2
1397 To General Fund
1398 From Nonlapsing Balances -- USTAR -- Grant Programs
$1,765,200
1399 Schedule of Programs:
1400 General Fund, One-time $1,765,200
1401 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
1402 Legislature appropriates the following sums of money from the funds or accounts indicated for
1403 the use and support of the government of the state of Utah.
1404 ITEM 3
1405 To Utah Science Technology and Research Governing Authority -- USTAR
1406 Administration
1407 From General Fund, One-time
($1,512,500)
1408 Schedule of Programs:
1409 Administration ($330,300)
1410 Project Management & Compliance ($1,182,200)
1411 ITEM 4
1412 To General Fund Restricted -- Workforce Development Restricted Account
1413 From General Fund, One-time
($11,931,000)
1414 Schedule of Programs:
1415 Workforce Development Restricted Account ($11,931,000)
1416 Subsection 37(b). Appropriation for fiscal year 2021.
1417 The following sums of money are appropriated for the fiscal year beginning July 1,
1418 2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
1419 fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
1420 Act, the Legislature appropriates the following sums of money from the funds or accounts
1421 indicated for the use and support of the government of the state of Utah.
1422 ITEM 1
1423 To Utah Science Technology and Research Governing Authority -- USTAR
1424 Administration
1425 From General Fund
($1,788,400)
1426 Schedule of Programs:
1427 Administration ($606,200)
1428 Project Management & Compliance ($1,182,200)
1429 ITEM 2
1430 To Utah Science Technology and Research Governing Authority -- Support Programs
1431 From General Fund
($31,600)
1432 Schedule of Programs:
1433 Regional Outreach ($13,100)
1434 SBIR/STTR Assistance Center ($7,900)
1435 Incubation Programs ($10,600)
1436 ITEM 3
1437 To General Fund Restricted -- Workforce Development Restricted Account
1438 From General Fund
($14,636,900)
1439 Schedule of Programs:
1440 Workforce Development Restricted Account ($14,636,900)
1441 ITEM 4
1442 To Governor's Office of Economic Development -- Rural County Grant Program
1443 From General Fund
$4,600,000
1444 Schedule of Programs:
1445 Rural County Grant Program $4,600,000
1446 ITEM 5
1447 To Governor's Office of Economic Development -- Rural County Grant Program
1448 From General Fund, One-time
$3,400,000
1449 Schedule of Programs:
1450 Rural County Grant Program $3,400,000
1451 ITEM 6
1452 To Governor's Office of Economic Development -- Rural Coworking and Innovation
1453 Center Grant Program
1454 From General Fund
$250,000
1455 Schedule of Programs:
1456 Rural Coworking and Innovation Center Grant
1457 Program $250,000
1458 ITEM 7
1459 To Governor's Office of Economic Development -- Rural Coworking and Innovation
1460 Center Grant Program
1461 From General Fund, One-time
$2,000,000
1462 Schedule of Programs:
1463 Rural Coworking and Innovation Center Grant
1464 Program $2,000,000
1465 ITEM 8
1466 To Governor's Office of Economic Development -- Business Development
1467 From General Fund
$250,000
1468 Schedule of Programs:
1469 Rural Speculative Industrial Building Program $250,000
1470 ITEM 9
1471 To Governor's Office of Economic Development -- Pass-through
1472 From General Fund
($385,600)
1473 From Dedicated Credits Revenue
($16,100)
1474 Schedule of Programs:
1475 Pass-through ($401,700)
1476 ITEM 10
1477 To Governor's Office of Economic Development -- SBIR/STTR Center
1478 From General Fund
$385,600
1479 From Dedicated Credits Revenue
$16,100
1480 Schedule of Programs:
1481 SBIR/STTR Center $401,700
1482 The Legislature intends that any remaining money in the Workforce Development
1483 Restricted Account and any remaining money in USTAR accounts that has not been
1484 specifically appropriated for other purposes in fiscal year 2021 be deposited into the General
1485 Fund.
1486 Section 38. Retrospective operation.
1487 The repeal of Sections 59-7-614.11, 59-10-1039, and 63N-2-213.5 in this bill have
1488 retrospective operation for a taxable year beginning on or after January 1, 2020.
1489 Section 39. Effective date.
1490 (1) Except as provided in Subsection (2), this bill takes effect on July 1, 2020.
1491 (2) Uncodified Subsection 37(a), Appropriation for Fiscal Year 2020, takes effect on
1492 May 12, 2020.
1493 Section 40. Coordinating S.B. 95 with S.B. 72 -- Substantive and technical
1494 amendments.
1495 If this S.B. 95 and S.B. 72, Revisor's Technical Corrections to Utah Code, both pass
1496 and become law, it is the intent of the Legislature that on July 1, 2020, the amendments to
1497 Sections 59-7-610 and 59-10-1007 in this bill supersede the amendments to Sections 59-7-610
1498 and 59-10-1007 in S.B. 72, when the Office of Legislative Research and General Counsel
1499 prepares the Utah Code database for publication.
1500 Section 41. Coordinating S.B. 95 with H.B. 179 -- Substantive and technical
1501 amendments.
1502 If this S.B. 95 and H.B. 179, Recycling Market Development Zone Tax Credit
1503 Amendments, both pass and become law, it is the intent of the Legislature that on July 1, 2020,
1504 the amendments to Section 63I-1-263 in this bill supersede the amendments to Section
1505 63I-1-263 in H.B. 179, when the Office of Legislative Research and General Counsel prepares
1506 the Utah Code database for publication.