Regulatory Barriers to Affordable Housing Task Force
REGULATORY BARRIERS TO AFFORDABLE HOUSING TASK FORCE
Tuesday, October 14, 1997 - 9:00 a.m. - Room 303 State Capitol
Members Present:
Sen. Robert F. Montgomery, Co-chair
Rep. Ron Bigelow, Co-chair
Sen. L. Alma "Al" Mansell
Sen. Pete Suazo
Rep. Eli H. Anderson
Rep. Wayne A. Harper
Comm. Gayle Aldred
Mr. Gary R. Crane
Mr. Paul Neuenschwander
Mr. Jack Nixon
Members Excused:
Mr. Richard Moffatt
Staff Present:
Joseph Wade,
Research Analyst
Robert H. Rees,
Associate General Counsel
Barbara A. Teuscher,
Committee Secretary
Note: A list of others present and copies of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.
1. Call to Order and Approval of Minutes of September 23, 1997
Chair Biglow called the meeting to order at 9:05 a.m.
MOTION: Rep. Harper moved to approve the minutes of the September 23, 1997 meeting with corrections. The motion passed unanimously.
2. Discuss Task Force Priority Topics - During the September 23 meeting, the task force prioritized and topics to be discussed at today's meeting. Chair Biglow informed committee members that the chairs had received four items in writing and suggested discussing those first.
Draft Legislation: "Affordable Housing Amendments"
Rep. Harper referred to the proposed draft legislation "Affordable Housing Amendments"10-10-97 draft. He indicated that he had taken the comments of the committee plus the information and recommendations by Mr. Steve Erickson, Utah Housing Technical Assistance Program, and incorporated them into a new draft piece of legislation. He then explained the intent of the legislation. There is a fiscal note attached and the Department of Community and Economic Development (DCED) has allocated an additional $280,000 to assist with this program.
Committee discussion and public comment followed.
Mr. Crane stated that there should be a section specifically dealing with the lowest of income rather than imposing on local government the job of trying to come up with houses that individuals can move into with an unrealistic 30 percent of medium income. We need to look at the rest of it to make sure that adjustments are made. When the definition is changed, the requirements are changed as well.
Mr. Steve Erickson said that 30 percent represents the lowest segment of income level that they are trying to get service to, and as part of the planning process, each municipality will be asked to identify what their deficit or surplus is in their community at that time. In looking at incomes around the state, it is across the board statewide.
Mr. Neuenschwander suggested the legislation include a sunset provision requiring that after a certain period of time the program should be reviewed and repealed if no longer needed.
Sen. Montgomery expressed that he is comfortable with the one time appropriation with the understanding that it is an educational process in preparing communities to put together a report.
MOTION: Sen. Mansell moved that the task force recommend draft legislation "Affordable Housing Amendments." The motion passed unanimously.
Draft Legislation: "Affordable Housing Exemptions for Conveyances"
Rep. Harper said that this draft legislation deals with the definition of affordable housing and insuring the continuance of affordable housing. He explained the intent of the legislation and mentioned it being similar to what Park City is doing and the State of Oregon as well.
Mr. Crane explained the rule of perpetuity and property meaning that once affordable housing always affordable housing.
Rep. Harper said that a restriction is placed on the deed at the original conveyance which is the contract between the buyer and seller.
MOTION: Sen. Suazo moved that the task force recommend draft legislation "Affordable Housing Exemptions for Conveyances." The motion failed with Reps. Anderson and Harper and Mr. Crane voting in favor, and Sens. Montgomery and Sen. Mansell, Rep. Bigelow, Commissioner Aldred, Mr. Neuenschwander, and Mr. Nixon voting against. Mr. Moffat was absent for the vote.
Draft Legislation: "Resolution Supporting Uniform Building Code Commission"
Chair Bigelow turned the chair over to Sen. Montgomery.
Rep. Bigelow explained the draft resolution "Resolution Supporting Uniform Building Code Commission."
Sen. Mansell asked why the committee is not looking at the entire building code. Mr. Taz Biesinger, Utah Home Builders' Association, replied indicating that the other codes are studied by the Utah Building Commission. The international plumbing code will be adopted beginning the first of the year. The process of studying the electrical code and the international building code will begin. The plumbing code is the only code that has been through that process.
MOTION: Rep Bigelow moved to pass the resolution out favorably. The motion passed unanimously.
Chair Montgomery turned the chair back to Rep. Bigelow.
Rep. Harper said he had proposed a bill that was similar to H.B. 63 last year and Rep. Adair filed a bill on additional funding for the Olene Walker Housing Trust Fund as well. Rep. Adair has already filed that bill again this year.
MOTION: Rep. Harper moved that the committee recommend the bill providing additional funding to the Olene Walker Housing Trust Fund.
Sen. Mansell suggested that before appropriating additional funds to the Olene Walker Housing Trust Fund, he would like a report on how much money has already been put into the fund. This will inform the committee in knowing what money is being used.
SUBSTITUTE MOTION: Sen. Mansell moved that at the next meeting the committee receive a report on the fund's success and the programs being used on the Olene Walker Housing Trust Fund. The motion passed unanimously.
Sen. Montgomery informed committee members that he had just received a preliminary draft of some proposed technical amendments to the impact fees act. He said he is not prepared to present those at this time, but would have the proposed amendments clarified by himself and interested parties. He will then be prepared at the next meeting to present a draft bill.
Mr. Crane indicated the best way to address the impact fees issue would be with education and that H.B. 295 would assist in providing smaller communities with ideas of how to implement affordable housing into their jurisdictions.
Mr. David Spatafore, League of Cities and Towns, commented on last years H.B 98 allowing for municipalities regarding business licensing could only assess for the regulatory purposes of assessment business licensing unless it could be proven it is either a service or an enhanced level of service.
Chair Bigelow requested that Mr. Spatafore provide at the next meeting additional information on renter impact fees.
Sen. Suazo requested time on the agenda at the next meeting to discuss a proposal to work with the Salt Lake City Olympic Organizing Committee to have "media" housing associated with the Olympics designed and assigned for low-income families spread throughout the Wasatch Front and not just Salt Lake City. He indicated that he intends to work on a resolution to be presented at the November meeting.
Mr. Nixon requested time on the agenda at the next meeting to discuss a proposal to relieve the liability building inspectors perceive they are exposed to if they should relax strict enforcement of building codes.
3. Next Meeting -
The next meeting will be held on Thursday, November 6, 1997 at 9:00 a.m.
4. Adjourn -
MOTION: Mr. Neuenschwander moved to adjourn the meeting. The motion passed unanimously. At 10:50 a.m., Chair Bigelow adjourned the meeting.
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