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H.B. 347

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COMMUNITY ECONOMIC DEVELOPMENT

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PROJECT FUND

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1998 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Wayne A. Harper

6    AN ACT RELATING TO COMMUNITY AND ECONOMIC DEVELOPMENT; AMENDING
7    ALLOCATION REQUIREMENTS FOR THE COMMUNITY ECONOMIC DEVELOPMENT
8    PROJECT FUND; AMENDING APPLICATION PRIORITIES; AMENDING DEFINITIONS;
9     h [AND] h APPROPRIATING S [$100,000] $50,000 s FROM THE GENERAL FUND TO THE COMMUNITY
10    ECONOMIC DEVELOPMENT PROJECT h ; AND PROVIDING AN EFFECTIVE DATE h .
11    This act affects sections of Utah Code Annotated 1953 as follows:
12    AMENDS:
13         9-2-1502, as enacted by Chapter 301, Laws of Utah 1996
14         9-2-1504, as enacted by Chapter 301, Laws of Utah 1996
15         9-2-1506, as enacted by Chapter 301, Laws of Utah 1996
16    Be it enacted by the Legislature of the state of Utah:
17        Section 1. Section 9-2-1502 is amended to read:
18         9-2-1502. Definitions.
19        As used in this part:
20        (1) "Administrator" means the Department of Community and Economic Development.
21        (2) "Board" means the Board of Business and Economic Development.
22        (3) "Fund" means the Community Economic Development Project Fund created in Section
23    9-2-1503.
24        (4) "Rural" means those communities located in the areas of the state defined by the board
25    in Title 9, Chapter 2, Part 12, Industrial Assistance Fund, as economically disadvantaged rural
26    targeted areas.
27        (5) "Urban" means communities located within a standard metropolitan statistical area,
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Amend on 3_goldenrod February 27, 1998


1    as designated by the United States Bureau of the Census.
2        Section 2. Section 9-2-1504 is amended to read:
3         9-2-1504. Distribution of fund moneys.
4        (1) The administrator shall:
5        (a) establish criteria and procedures for the grant and loan process as provided in Title 63,
6    Chapter 46a, Utah Administrative Rulemaking Act;
7        (b) determine the order in which projects will be funded; and
8        (c) make grants and loans from the fund to any of the entities authorized by Subsection
9    (3).
10        (2) Two percent of the fund moneys may be used by the executive director for purposes
11    consistent with this chapter, including the payment of reasonable loan processing fees, but may
12    not be used to offset department or board administrative expenses.
13        (3) (a) Fund moneys remaining after distribution as provided in Subsection (2) shall be
14    distributed as follows[, with at least 50% to be distributed to rural areas of the state either by grant
15    or loan]:
16        [(a)] (i) at least 50% of the moneys [remaining in the fund] shall be distributed as loans
17    to be repaid to the fund by the entity receiving them, with at least 50% of those loans distributed
18    to communities meeting the requirements for enterprise zones in Section 9-2-404;
19        [(b)] (ii) moneys not distributed as loans under Subsection (3)(a) shall be distributed as
20    grants with:
21        [(i)] (A) fifty percent distributed to communities meeting the requirements for enterprise
22    zones in Section 9-2-404; and
23        [(ii)] (B) fifty percent distributed to communities not meeting the requirements for
24    enterprise zones in Section 9-2-404.
25        (b) No more than 50% of the fund monies distributed as grants or loans under Subsection
26    (3)(a) may be distributed to urban areas of the state.
27        Section 3. Section 9-2-1506 is amended to read:
28         9-2-1506. Application process and priorities.
29        (1) (a) At least once in each calendar year that moneys are available from the fund for use
30    by the administrator, the administrator shall provide notice of a grant and loan application period
31    to interested entities.

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1        (b) The administrator shall accept applications for at least 90 days.
2        (2) The administrator shall give preference to applications that demonstrate:
3        (a) substantial leverage with other sources of financing;
4        (b) substantial contributions to total project costs, including allied contributions from other
5    sources, such as professional, craft and trade services, and community organizations[.];
6        (c) substantial local government project contributions in the form of infrastructure
7    improvements or other assistance;
8        (d) projects that encourage ownership, management, and other project-related
9    opportunities;
10        (e) projects that demonstrate a strong probability of serving the original target group or
11    income level for a period of at least 15 years;
12        (f) projects where the applicant has demonstrated the ability, stability, and resources to
13    complete the project;
14        (g) projects that appear to serve the greatest need of the target group;
15        (h) projects that demonstrate economic development benefits for the state; [and]
16        (i) projects that allow integration into a local government economic development plan[.];
17        (j) projects or businesses located in any part of the state that create new jobs in or
18    measurable positive economic impact on a rural area;
19        (k) projects or programs which require specialized training; and
20        (l) recreational or cultural projects which enhance the economic vitality of or tourism in
21    a community.
22        Section 4. Appropriation.

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Amend on 3_goldenrod February 27, 1998
23         There is appropriated S [$100,000] $50,000 s from the General Fund to the Community Economic
24    Development Project Fund. This appropriation is nonlapsing.
24a         h Section 5. Effective date.
24b     THIS ACT TAKES EFFECT ON JULY 1, 1998. h




Legislative Review Note
    as of 1-28-98 9:45 AM


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

Office of Legislative Research and General Counsel


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lilac-February 10, 1998


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