H.B. 171

1

HOUSING COORDINATION AND PLANNING
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Fred R. Hunsaker
5 AN ACT RELATING TO COMMUNITY DEVELOPMENT; CREATING A HOUSING
6 PLANNING PART; TRANSFERRING RESPONSIBILITIES FROM STATE PLANNING
7 COORDINATOR TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC
8 DEVELOPMENT; AND MAKING TECHNICAL AMENDMENTS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 9-4-1201, Utah Code Annotated 1953
12 RENUMBERS AND AMENDS:
13 9-4-1202, (Renumbered from 9-4-601, as renumbered and amended by Chapter 241, Laws of
14 Utah 1992)
15 9-4-1203, (Renumbered from 9-4-605, as renumbered and amended by Chapter 241, Laws of
16 Utah 1992)
17 9-4-1204, (Renumbered from 63-28-11, as enacted by Chapter 316, Laws of Utah 1996)
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 9-4-1201 is enacted to read:
20 9-4-1201. Title.
21 This part shall be known as the "Housing Coordination and Planning Act."
22 Section 2. Section 9-4-1202, which is renumbered from Section 9-4-601 is renumbered
23 and amended to read:
24 [9-4-601]. 9-4-1202. Legislative policy and purpose.
25 (1) It is [declared to be] the policy of the state [of Utah] that to promote the general welfare
26 of its citizens [and that] it is necessary to remedy the unsafe and unsanitary housing conditions and
27 the acute shortage of decent, safe, and sanitary dwellings for families of medium and low income,

1 in urban and rural areas. These conditions cause an increase and spread of disease and crime, and
2 constitute a menace to the health, safety, morals, and welfare of the state.
3 (2) It is the policy of the state [of Utah]:
4 (a) to make adequate provision of affordable housing for [persons of medium and low
5 income, for]:
6 (i) persons of medium or low income who are unable to provide themselves with decent
7 housing including:
8 (A) elderly persons [of medium and low income, for handicapped];
9 (B) persons [of medium and low income, for] with disabilities;
10 (C) veterans [of medium and low income unable to provide themselves with decent
11 housing on the basis of benefits available to them through certain government guarantees of loans
12 for purchase of residential property, and];
13 (D) special needs populations;
14 (E) low income persons living on tribal trust lands; S [or] s
15 (F) persons receiving public assistance under self-sufficiency programs; S [and] OR (G) LOW
15a INCOME PERSONS LIVING IN MOBILE HOMES AS DEFINED IN SECTION 59-2-601; AND s
16 (ii) during limited periods, [housing] for disaster victims[.]; and
17 [(3) The] (b) that the provision of safe and sanitary dwelling accommodations at rents or
18 prices [which] that persons of medium and low income can afford will materially assist in
19 developing more desirable neighborhoods and alleviating the effects of poverty in this state.
20 [(4)] (3) The purposes of this part and Part 6 are to meet these problems by:
21 (a) providing low-cost housing for medium and low income persons; and [to encourage];
22 (b) encouraging cooperation between political subdivisions[,] and the nonprofit sector
23 [thereby making] to make available low-cost housing [facilities] in all areas of the state.
24 [(5)] (4) It is in the public interest to [utilize] use the broad financial resources and
25 technical services available to government in cooperation with the ingenuity and expertise of
26 private enterprise to alleviate this lack of safe and sanitary dwellings while stimulating local
27 industry, according to the following principles.
28 (a) The private sector, including nonprofit entities, shall be the primary source of
29 developing and providing affordable housing with state and local incentives to encourage housing
30 development.
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Amend on 2_goldenrod February 6, 1997 31 (b) State money used in the development of housing shall:

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1 (i) be heavily leveraged when possible;
2 (ii) be primarily invested as loans;
3 (iii) be primarily spent on housing production; and
4 (iv) give priority to needs of h [: ] h
5 h [(A) ] h persons of medium or low income h [; ] WHO ARE UNABLE TO PROVIDE
5a THEMSELVES WITH DECENT HOUSING INCLUDING; h
6 h [(B) ] (A) h elderly persons;
7 h [(C) ] (B) h persons with disabilities;
8 h [(D) ] (C) h veterans;
9 h [(E) ] (D) h special needs populations;
10 h [(F) ] (E) h low income persons living on tribal trust lands; S [and ] s
11 h [(G) ] (F) h persons receiving public assistance under self-sufficiency programs S [.]
11a ; AND (G) LOW INCOME PERSONS LIVING IN MOBILE HOMES AS DEFINED IN SECTION 59-2-601. s
12 (c) When possible based on economic feasibility and effectiveness, state housing
13 programs shall encourage:
14 (i) mixed income developments;
15 (ii) socio-economic diversity in neighborhoods; and
16 (iii) new, multifamily construction.
17 (d) State resources may be used in partnership with political subdivisions or the private
18 sector to promote affordable housing.
19 (e) Within appropriations from the Legislature, the state may provide training and
20 technical assistance to Utah's political subdivision, quasi-governmental, and nonprofit housing
21 providers.
22 Section 3. Section 9-4-1203, which is renumbered from Section 9-4-605 is renumbered
23 and amended to read:
24 [9-4-605]. 9-4-1203. Division -- Functions.
25 (1) In addition to any other functions the governor or Legislature may assign[,]:
26 (a) the [state planning coordinator] division shall:
27 [(1)] (i) provide a clearinghouse of information for federal, state, and local housing
28 assistance programs;
29 [(2)] (ii) establish, in cooperation with [cities and counties, minimum statewide] political
30 subdivisions, model plans and management methods to encourage or provide for the development
31 of affordable housing [standards that, upon publication,] that may be adopted by [cities and
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Amend on 2_goldenrod February 6, 1997

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1 counties] political subdivisions by reference;
2 [(3)] (iii) undertake, in cooperation with [cities and counties] political subdivisions, a
3 realistic assessment of problems relating to housing needs, such as:
4 (A) inadequate supply of dwellings[,];
5 (B) substandard dwellings[,]; and
6 (C) inability of medium and low income families to obtain adequate housing[, which];
7 (iv) provide the information [shall be made available] obtained under Subsection (1)(a)(iii)
8 to [cities and counties,]:
9 (A) political subdivisions;
10 (B) real estate developers[,];
11 (C) builders[,];
12 (D) lending institutions[,];
13 (E) affordable housing advocates; and
14 (F) others having use for [such] the information;
15 [(4)] (iv) advise [cities and counties] political subdivisions of serious housing problems
16 existing within their jurisdiction that require concerted public action for solution; and
17 [(5)] (v) assist [cities and counties] political subdivisions in defining housing objectives
18 and in preparing for adoption a plan of action covering a [three-year] five-year period designed to
19 accomplish housing objectives within their jurisdiction[.]; and
20 (b) within legislative appropriations, the division may accept for and on behalf of, and bind
21 the state to, any federal housing or homeless program in which the state is invited, permitted, or
22 authorized to participate in the distribution, disbursement, or administration of any funds or service
23 advanced, offered, or contributed in whole or in part by the federal government.
24 (2) The administration of any federal housing program in which the state is invited,
25 permitted, or authorized to participate in distribution, disbursement or administration of funds or
26 services h , EXCEPT THOSE ADMINISTERED BY THE UTAH HOUSING FINANCE AGENCY, h is
26a governed by Sections 9-4-701 through 9-4-708.
27 Section 4. Section 9-4-1204, which is renumbered from Section 63-28-11 is renumbered
28 and amended to read:
29 [63-28-11]. 9-4-1204. Technical assistance to political subdivisions for housing
30 plan.
31 (1) Until January 1, 1999, and within appropriations from the Legislature, the [state

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1 planning coordinator] division shall establish a program to assist municipalities to meet the
2 requirements of Section 10-9-307 and counties to meet the requirements of Section 17-27-407.
3 Assistance under this section may include:
4 (a) financial assistance for the cost of developing a plan for low and moderate income
5 housing;
6 (b) information on how to meet present and prospective needs for low and moderate
7 income housing; and
8 (c) technical advice and consultation on how to facilitate the creation of low and moderate
9 income housing.
10 (2) The [state planning coordinator] division shall annually report to the Legislature's
11 Business, Labor, and Economic Development, and Human Services Interim Committees regarding
12 the scope, amount, and type of assistance provided to municipalities and counties under this
13 section, including the number of low and moderate income housing units constructed or
14 rehabilitated within the state.




Legislative Review Note
as of 11-26-96 11:53 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Business, Labor, and Economic Development Interim Committee recommended this bill.

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