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H.B. 119
1
2
3
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5 Ralph Becker
6 Susan J. Koehn
7 Patrice M. Arent
8 Martin R. Stephens
9 Greg J. Curtis
10 Brad King
11 Lowell A. Nelson
12 Joseph G. Murray
13 David Ure
14 Sheryl L. Allen
15 David M. Jones
16 David L. Hogue
17 David L. Gladwell
18 A. Lamont Tyler
Lawanna Shurtliff
Fred J. Fife
Loretta Baca
Neil A. Hansen
Karen W. Morgan
Kory M. Holdaway
Jordan Tanner
Blake D. Chard
Keele Johnson
Judy Ann Buffmire
Duane E. Bourdeaux
Trisha S. Beck
Mary Carlson
Afton B. Bradshaw
Jackie Biskupski
Carl W. Duckworth
Brent H. Goodfellow
Gary F. Cox
Michael R. Styler
Marlon O. Snow
Wayne A. Harper
Marda Dillree
Richard M. Siddoway
Chad E. Bennion
Perry L. Buckner
Glenn L. Way
Ron Bigelow
James R. Gowans
19 AN ACT RELATING TO CITIES, TOWNS, AND LOCAL TAXING DISTRICTS;
20 ESTABLISHING A QUALITY GROWTH COMMISSION; PROVIDING DUTIES AND
21 POWERS OF THE COMMISSION; REESTABLISHING THE LERAY MCALLISTER
22 CRITICAL LAND CONSERVATION FUND AND PROVIDING FOR ITS ADMINISTRATION;
23 EXPRESSING LEGISLATIVE INTENT ON QUALITY GROWTH AREAS; RESERVING
24 PART OF FUTURE INCREASES IN THE PRIVATE ACTIVITY BOND VOLUME CAP FOR
25 CERTAIN PURPOSES; PROVIDING FUNDING SOURCES FOR THE LERAY MCALLISTER
26 FUND; PROVIDING FOR THE ESTABLISHMENT OF A STATE BUILDING ENERGY
27 EFFICIENCY PROGRAM, WITH SOME OF THE ENERGY SAVINGS FUNDS TO GO TO
28 THE LERAY MCALLISTER FUND; REPEALING AN EXISTING ENERGY EFFICIENCY
29 PROGRAM; PROVIDING EXCEPTIONS TO CERTAIN BUDGETARY PROCEDURES IN
30 CERTAIN CASES; APPROPRIATING $250,000 FROM THE GENERAL FUND FOR
31 TECHNICAL ASSISTANCE FOR LOCAL ENTITIES; MAKING TECHNICAL AND
32 CONFORMING CHANGES; AND PROVIDING AN EFFECTIVE DATE.
33 This act affects sections of Utah Code Annotated 1953 as follows:
34 AMENDS:
35 9-4-505, as last amended by Chapter 192, Laws of Utah 1997
36 63-38-3, as last amended by Chapter 313, Laws of Utah 1994
37 63-38-8.1, as enacted by Chapter 76, Laws of Utah 1994
38 63A-1-112, as renumbered and amended by Chapter 212, Laws of Utah 1993
39 ENACTS:
40 11-38-101, Utah Code Annotated 1953
41 11-38-102, Utah Code Annotated 1953
42 11-38-201, Utah Code Annotated 1953
43 11-38-202, Utah Code Annotated 1953
44 11-38-203, Utah Code Annotated 1953
45 11-38-301, Utah Code Annotated 1953
46 11-38-302, Utah Code Annotated 1953
47 63-9-67, Utah Code Annotated 1953
48 63-38-18, Utah Code Annotated 1953
49 REPEALS:
50 11-28-101, as enacted by Chapter 323, Laws of Utah 1998
51 11-28-102, as enacted by Chapter 323, Laws of Utah 1998
52 11-28-103, as enacted by Chapter 323, Laws of Utah 1998
53 11-28-104, as enacted by Chapter 323, Laws of Utah 1998
54 11-28-105, as enacted by Chapter 323, Laws of Utah 1998
55 11-28-106, as enacted by Chapter 323, Laws of Utah 1998
56 11-28-107, as enacted by Chapter 323, Laws of Utah 1998
57 11-28-108, as enacted by Chapter 323, Laws of Utah 1998
58 63-9-64, as last amended by Chapter 212, Laws of Utah 1993
59 63-9-65, as last amended by Chapter 85, Laws of Utah 1986
60 This act enacts uncodified material.
61 Be it enacted by the Legislature of the state of Utah:
62 Section 1. Section 9-4-505 is amended to read:
63 9-4-505. Allocation of volume cap.
64 (1) [
65 distributed by the board of review to the various allotment accounts as set forth in Section 9-4-506 .
66 (b) Fifty percent of each increase in the volume cap that occurs after the effective date of
67 this Subsection (1)(b) shall be reserved for use in development that occurs in a quality growth area.
68 (2) To obtain an allocation of the volume cap, issuing authorities shall submit to the board
69 of review an application containing information required by the procedures and processes of the
70 board of review.
71 (3) The board of review shall establish criteria for making allocations of volume cap that
72 are consistent with the purposes of the code and this part. In making an allocation of volume cap
73 the board of review shall consider the following:
74 (a) the principal amount of the bonds proposed to be issued;
75 (b) the nature and the location of the project or the type of program;
76 (c) the likelihood that the bonds will be sold and the timeframe of bond issuance;
77 (d) whether the project or program could obtain adequate financing without an allocation
78 of volume cap;
79 (e) the degree to which an allocation of volume cap is required for the project or program
80 to proceed or continue;
81 (f) the social, health, economic, and educational effects of the project or program on the
82 local community and state as a whole;
83 (g) the anticipated number of jobs, both temporary and permanent, created or retained
84 within the local community and the state as a whole; [
85 (h) if the project is a residential rental project, the degree to which the residential rental
86 project targets lower income populations; and
87 (i) whether the project meets the principles of quality growth recommended by the Quality
88 Growth Commission created under Section 11-38-201 .
89 (4) The board of review shall evidence an allocation of volume cap by issuing a certificate
90 in accordance with Section 9-4-507 .
91 Section 2. Section 11-38-101 is enacted to read:
92
93
94 11-38-101. Title.
95 This chapter is known as the "Quality Growth Act."
96 Section 3. Section 11-38-102 is enacted to read:
97 11-38-102. Definitions.
98 As used in this chapter:
99 (1) "Affordable housing" means housing occupied or reserved for occupancy by
100 households with a gross household income equal to or less than 80% of the median gross income
101 of the applicable municipal or county statistical area for households of the same size.
102 (2) "Agricultural land" has the same meaning as "land in agricultural use" under Section
103 59-2-502 .
104 (3) "Brownfield sites" means abandoned, idled, or underused commercial or industrial land
105 where expansion or redevelopment is complicated by real or perceived environmental
106 contamination.
107 (4) "Commission" means the Quality Growth Commission established in Section
108 11-38-201 .
109 (5) "Fund" means the LeRay McAllister Critical Land Conservation Fund established in
110 Section 11-28-301 .
111 (6) "Infill development" means residential, commercial, or industrial development on
112 unused or underused land, excluding open land and agricultural land, within existing, otherwise
113 developed urban areas.
114 (7) "Local entity" means a county, city, or town.
115 (8) "OPB" means the governor's Office of Planning and Budget established under Section
116 63-38-1.4 .
117 (9) "Open land" means land that is:
118 (a) preserved predominantly in a natural, open, and undeveloped condition; and
119 (b) used for:
120 (i) wildlife habitat;
121 (ii) cultural or recreational use;
122 (iii) water source protection; or
123 (iv) another use consistent with the preservation of the land in a predominantly natural,
124 open, and undeveloped condition.
125 (10) "State agency" includes each executive branch department, agency, board, or
126 commission and each state educational institution.
127 (11) "State Building Energy Efficiency Program" has the meaning as defined in Section
128 63-9-67 .
129 (12) "Surplus land" means real property owned by the Department of Administrative
130 Services, the Department of Agriculture and Food, the Department of Natural Resources, or the
131 Department of Transportation that the individual department determines not to be necessary for
132 carrying out the mission of the department.
133 Section 4. Section 11-38-201 is enacted to read:
134
135 11-38-201. Quality Growth Commission -- Term of office -- Vacancy -- Organization
136 -- Expenses -- Staff.
137 (1) There is created a Quality Growth Commission consisting of:
138 (a) two persons at the state government level;
139 (b) six persons at the local government level; and
140 (c) five persons from the profit and nonprofit private sector, no more than three of whom
141 may be from the same political party and one of whom shall be from the residential construction
142 industry and one of whom shall be from the real estate industry.
143 (2) (a) Each commission member shall be appointed by the governor with the advice and
144 consent of the Senate.
145 (b) The governor shall select three of the six members under Subsection (1)(b) from a list
146 of names provided by the Utah League of Cities and Towns, and shall select the remaining three
147 from a list of names provided by the Utah Association of Counties.
148 (c) Two of the persons appointed under Subsection (1) shall be from the agricultural
149 community.
150 (3) (a) The term of office of each member is four years, except that the governor shall
151 appoint one of the persons at the state government level, three of the persons at the local
152 government level, and two of the persons from the private sector to an initial two-year term.
153 (b) No member of the commission may serve more than two consecutive four-year terms.
154 (4) Each mid-term vacancy shall be filled for the unexpired term in the same manner as
155 an appointment under Subsection (2).
156 (5) Commission members shall elect a chair from their number and establish rules for the
157 organization and operation of the commission.
158 (6) (a) No member may receive compensation or benefits for the member's service on the
159 commission.
160 (b) (i) A member who is not a government officer or employee may be reimbursed for
161 reasonable expenses incurred in the performance of the member's official duties at the rates
162 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
163 (ii) A member who is a government officer or employee and who does not receive
164 expenses from the member's agency may be reimbursed for reasonable expenses incurred in the
165 performance of the member's official duties at the rates established by the Division of Finance
166 under Sections 63A-3-106 and 63A-3-107 .
167 (c) A member may decline to be reimbursed for reasonable expenses incurred in the
168 performance of the member's official duties.
169 (d) A member is not required to give bond for the performance of official duties.
170 (7) OPB shall provide staff services to the commission.
171 Section 5. Section 11-38-202 is enacted to read:
172 11-38-202. Commission duties and powers -- No regulatory authority.
173 (1) The commission shall:
174 (a) make recommendations to the Legislature on how to define more specifically quality
175 growth areas within the general guidelines provided to the commission by the Legislature;
176 (b) advise the Legislature on growth management issues;
177 (c) make recommendations to the Legislature on refinements to this chapter;
178 (d) conduct a review in 2002 and each year thereafter to determine progress statewide on
179 accomplishing the purposes of this chapter, and give a report of each review to the Political
180 Subdivisions Interim Committee of the Legislature by November 30 of the year of the review;
181 (e) administer the fund as provided in this chapter;
182 (f) assist as many local entities as possible, at their request, to identify principles of growth
183 that the local entity may consider implementing to help achieve the highest possible quality of
184 growth for that entity;
185 (g) fulfill other responsibilities imposed on the commission by the Legislature; and
186 (h) fulfill all other duties imposed on the commission by this chapter.
187 (2) The commission may sell, lease, or otherwise dispose of equipment or personal
188 property belonging to the fund, the proceeds from which shall return to the fund.
189 (3) The commission may not exercise any regulatory authority.
190 Section 6. Section 11-38-203 is enacted to read:
191 11-38-203. Commission may provide assistance to local entities.
192 The commission may:
193 (1) from funds appropriated to OPB by the Legislature for this purpose, grant money to
194 local entities to help them obtain the technical assistance they need to:
195 (a) conduct workshops or public hearings or use other similar methods to obtain public
196 input and participation in the process of identifying for that entity the principles of quality growth
197 referred to in Subsection 11-38-202 (1)(e);
198 (b) identify where and how quality growth areas could be established within the local
199 entity; and
200 (c) develop or modify the local entity's general plan to incorporate and implement the
201 principles of quality growth developed by the local entity and to establish quality growth areas; and
202 (2) require each local entity to which the commission grants money under Subsection (1)
203 to report to the commission, in a format and upon a timetable determined by the commission, on
204 that local entity's process of developing quality growth principles and on the quality growth
205 principles developed by that local entity.
206 Section 7. Section 11-38-301 is enacted to read:
207
208 11-38-301. LeRay McAllister Critical Land Conservation Fund.
209 (1) There is created the LeRay McAllister Critical Land Conservation Fund, consisting of:
210 (a) money appropriated or otherwise made available by the Legislature;
211 (b) contributions of money, property, or equipment from federal agencies, political
212 subdivisions of the state, persons, or corporations;
213 (c) proceeds that a department chooses to place into the fund from the sale of surplus land
214 under Subsection (2); and
215 (d) funds from the State Building Energy Efficiency Program.
216 (2) The Department of Administrative Services, the Department of Agriculture and Food,
217 the Department of Natural Resources, and the Department of Transportation may place proceeds
218 from the sale of surplus land into the fund.
219 Section 8. Section 11-38-302 is enacted to read:
220 11-38-302. Use of money in fund -- Criteria -- Administration.
221 (1) Subject to Subsection (2), the commission may authorize the use of money in the fund,
222 by grant or loan, to:
223 (a) a local entity;
224 (b) the Department of Natural Resources created under Section 63-34-3 ;
225 (c) the Department of Agriculture and Food created under Section 4-2-1 ; and
226 (d) a charitable organization that qualifies as being tax exempt under Section 501(c)(3) of
227 the Internal Revenue Code.
228 (2) (a) The money in the fund shall be used for preserving open land and agricultural land.
229 (b) (i) Except as provided in Subsection (2)(b)(ii), money from the fund may not be used
230 to purchase a fee interest in real property in order to preserve open land or agricultural land, but
231 may be used to establish a conservation easement under Title 57, Chapter 18, Land Conservation
232 Easement Act, or to fund similar methods to preserve open land or agricultural land.
233 (ii) Notwithstanding Subsection (2)(b)(i), money from the fund may be used to purchase
234 a fee interest in real property to preserve open land or agricultural land if:
235 (A) the parcel to be purchased is no more than 20 acres in size; or
236 (B) real property roughly equivalent in size is contemporaneously transferred to private
237 ownership from the governmental entity that purchased the fee interest in real property.
238 (c) An entity, department, or organization under Subsection (1) may not receive money
239 from the fund unless it provides matching funds equal to or greater than the amount of money
240 received from the fund.
241 (d) In loaning or granting money from the fund, the commission may impose conditions
242 on the recipient as to how the money is to be spent.
243 (3) (a) If money from the fund is distributed in the form of a loan, the commission shall
244 require interest to be paid and shall establish other terms of each loan, including a repayment
245 schedule.
246 (b) Each payment on a loan from the fund shall be returned to the fund and shall be applied
247 first to interest and then to principal.
248 (4) In determining the amount and type of financial assistance to provide an entity,
249 department, or organization under Subsection (1), the commission:
250 (a) if the assistance is in the form of a loan, shall consider the borrower's ability to repay
251 the loan; and
252 (b) may consider:
253 (i) the nature and amount of open land and agricultural land proposed to be preserved;
254 (ii) the qualities of the open land and agricultural land proposed to be preserved;
255 (iii) the cost effectiveness of the project to preserve open land or agricultural land;
256 (iv) the funds available;
257 (v) the number of actual and potential applications for financial assistance, the amount of
258 money sought by those applications, and the nature and amount of open land and agricultural land
259 they propose to preserve; and
260 (vi) the level of importance that the local entity where the project is located attaches to the
261 specific open land or agricultural land preservation project seeking funding in comparison with
262 other such projects.
263 (5) Commission expenses and the costs of administering loans from the fund, as provided
264 in Subsection (6), shall be paid from the fund.
265 (6) (a) The Division of Finance shall be responsible for the care, custody, safekeeping,
266 collection, and accounting for loans issued by the commission as provided in Section 63-65-4 .
267 (b) The Division of Finance may charge to the fund the administrative costs incurred in
268 discharging the responsibilities imposed by Subsection (6)(a).
269 (7) The state treasurer shall invest all monies deposited into the fund, and all interest from
270 investing the monies shall accrue to the fund.
271 Section 9. Section 63-9-67 is enacted to read:
272
273
274 63-9-67. State Building Energy Efficiency Program.
275 (1) For purposes of this section:
276 (a) "Energy efficiency measures" means actions taken or initiated by a state agency that
277 reduce the state agency's energy use, increase the state agency's energy efficiency, or lower the
278 costs of energy to the state agency.
279 (b) "Energy savings agreement" means an agreement entered into by a state agency
280 participating in the State Building Energy Efficiency Program whereby the state agency
281 implements energy efficiency measures and finances the costs associated with implementation of
282 energy efficiency measures from the stream of expected savings in energy costs resulting from
283 implementation of the energy efficiency measures.
284 (c) "Fund" has the meaning as defined in Section 11-38-102 .
285 (d) "Net savings" means savings in energy costs that a state agency realizes after taking
286 into account the costs of implementing the energy efficiency measures or conservation activities
287 that produce the savings.
288 (e) "State agency" has the meaning as defined in Section 11-38-102 .
289 (f) "State Building Energy Efficiency Program" means a program that the governor may
290 establish by executive order recommending to or requiring state agencies to implement energy
291 efficiency measures.
292 (2) Subject to Subsection (3) and notwithstanding Subsections 63-38-2 (2)(c) and (f), each
293 state agency realizing net savings from participation in the State Building Energy Efficiency
294 Program or realizing net savings from implementing energy conservation activities under Chapter
295 164, Laws of Utah 1985, as amended, shall transfer into the fund no less than 50% of those net
296 savings.
297 (3) Notwithstanding Subsection (2), a state agency may fulfill the terms of an energy
298 savings agreement entered into before the effective date of this section providing for the state
299 agency's payment for energy efficiency measures.
300 (4) A state agency may enter into an energy savings agreement for a term of up to 25 years.
301 (5) The Economic Development and Human Resources Appropriations Subcommittee of
302 the Legislature shall conduct an annual financial review of the State Building Energy Efficiency
303 Program and report the results of its review to the Legislature.
304 Section 10. Section 63-38-3 is amended to read:
305 63-38-3. Appropriations governed by chapter -- Restrictions on expenditures --
306 Transfer of funds.
307 (1) All moneys appropriated by the Legislature are appropriated upon the terms and
308 conditions set forth in this chapter, and any department, agency, or institution, except the
309 Legislature and its committees, or where specifically exempted by the appropriating act, which
310 accepts moneys appropriated by the Legislature, does so subject to this chapter.
311 (2) (a) In providing that certain appropriations are to be expended in accordance with a
312 schedule or other restrictions, if any, set forth after each appropriations item, it is the intent of the
313 Legislature to limit the amount of money to be expended from each appropriations item for certain
314 specified purposes.
315 (b) Each schedule:
316 (i) is a restriction or limitation upon the expenditure of the respective appropriation made;
317 (ii) does not itself appropriate any money; and
318 (iii) is not itself an item of appropriation.
319 (c) [
320 or any surplus of any appropriation may not be diverted from any department, agency, institution,
321 or division to any other department, agency, institution, or division.
322 (d) The money appropriated subject to a schedule or restriction may be used only for the
323 purposes authorized.
324 (e) (i) If any department, agency, or institution for which money is appropriated requests
325 the transfer of moneys appropriated to it from one purpose or function to another purpose or
326 function within an item of appropriation, the state budget officer shall require a new work program
327 to be submitted for the fiscal year involved setting forth the purpose and necessity for such
328 transfer.
329 (ii) The budget officer and fiscal officer shall review the proposed change and submit their
330 findings and recommendations to the governor, who may permit the transfer.
331 (iii) The state fiscal officer shall notify the Legislature through the Office of the Legislative
332 Fiscal Analyst of action taken by the governor.
333 (f) [
334 not be transferred from one item of appropriation to any other item of appropriation.
335 (3) This section does not apply to the Investigation Account of the Water Resources
336 Construction Fund. The investigation account shall continue to be governed by Section 73-10-8 .
337 Section 11. Section 63-38-8.1 is amended to read:
338 63-38-8.1. Nonlapsing authority.
339 (1) As used in this section:
340 (a) (i) "Agency" means each department, commission, board, council, agency, institution,
341 officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau,
342 panel, or other administrative unit of the state.
343 (ii) "Agency" does not include those entities whose unappropriated and unencumbered
344 balances are made nonlapsing by the operation of Subsection 63-38-8 (2).
345 (b) "Appropriation balance" means the unexpended and unencumbered balance of a line
346 item appropriation made by the Legislature to an agency that exists at the end of a fiscal year.
347 (c) "Nonlapsing" means that an agency's appropriation balance is not closed out to the
348 appropriate fund at the end of a fiscal year as required by Section 63-38-8 .
349 (d) "One-time project" means a project or program that can be completed with the
350 appropriation balance and includes such items as employee incentive awards and bonuses,
351 purchase of equipment, and one-time training.
352 (e) "One-time project's list" means:
353 (i) a prioritized list of one-time projects, upon which an agency would like to spend any
354 appropriation balance; and
355 (ii) for each project, the maximum amount the agency is estimating for the project.
356 (f) "Program" means a service provided by an agency to members of the public, other
357 agencies, or to employees of the agency.
358 (2) Notwithstanding the requirements of Section 63-38-8 , an agency may[
359 (a) by following the procedures and requirements of this section, retain and expend any
360 appropriation balance[
361 (b) comply with the requirements of Subsections 63-9-67 (2) and 63-38-18 (2).
362 (3) (a) Each agency that wishes to preserve any part or all of its appropriation balance as
363 nonlapsing shall include a one-time project's list as part of the budget request that it submits to the
364 governor and the Legislature at the annual general session of the Legislature immediately before
365 the end of the fiscal year in which the agency may have an appropriation balance.
366 (b) An agency may not include a proposed expenditure on its one-time project's list if:
367 (i) the expenditure creates a new program;
368 (ii) the expenditure enhances the level of an existing program; or
369 (iii) the expenditure will require a legislative appropriation in the next fiscal year.
370 (c) The governor:
371 (i) may approve some or all of the items from an agency's one-time project's list; and
372 (ii) shall identify and prioritize any approved one-time projects in the budget that he
373 submits to the Legislature.
374 (4) The Legislature:
375 (a) may approve some or all of the specific items from an agency's one-time project's list
376 as authorized expenditures of an agency's appropriation balance;
377 (b) shall identify any authorized one-time projects in the appropriate line item
378 appropriation; and
379 (c) may prioritize one-time projects in intent language.
380 (5) The Legislative Fiscal Analyst shall:
381 (a) conduct a study of the nonlapsing authority granted in this section and its effects on the
382 budget, the budget process, the source of or reason for the appropriation balance, and the
383 legislative appropriations power; and
384 (b) report the analysis and any recommendations to the Legislative Management
385 Committee and Interim Appropriations Committee by October 1, 1996.
386 Section 12. Section 63-38-18 is enacted to read:
387 63-38-18. Refund for electrical service to be deposited into the LeRay McAllister
388 Fund.
389 (1) For purposes of this section:
390 (a) the definitions of Section 11-38-102 apply; and
391 (b) "Refund" means the return of an amount of money to a state agency from a provider
392 of electrical service under an order of the Utah Public Service Commission requiring a retroactive
393 rate reduction, whether the return is in the form of a direct cash payment, an offset or credit against
394 future charges for electrical service, or any other form.
395 (2) Notwithstanding Subsections 63-38-3 (2)(c) and (f), each state agency shall, as directed
396 by the Division of Finance, transfer to the fund the amount of each refund as the refund is received
397 by the state agency.
398 Section 13. Section 63A-1-112 is amended to read:
399 63A-1-112. Certificates of participation -- Legislative approval required --
400 Definition.
401 (1) (a) Certificates of participation for either capital facilities or capital improvements may
402 not be issued by the department, its subdivisions, or any other state agency after July 1, 1985,
403 without prior legislative approval.
404 (b) Nothing in this section affects the rights and obligations surrounding certificates of
405 participation that were issued prior to July 1, 1985.
406 (2) (a) As used in this section, "certificate of participation" means an instrument that acts
407 as evidence of the certificate holder's undivided interest in property being lease-purchased, the
408 payment on which is subject to appropriation by the Legislature.
409 (b) (i) For purposes of this Subsection (2)(b), "energy savings agreement" has the meaning
410 as defined in Section 63-9-67 .
411 (ii) "Certificate of participation" does not include an energy savings agreement.
412 Section 14. Additional duties of Quality Growth Commission -- Legislative intent on
413 quality growth areas.
414 (1) For purposes of this section, the definitions of Section 11-38-102 apply.
415 (2) In addition to the duties imposed by Section 11-38-202 , the Quality Growth
416 Commission, established in Section 11-38-201 , shall:
417 (a) consider the factors identified in Subsection (5) and input received from local entities
418 under Subsection 11-38-203 (2) and from any other useful source of relevant information and
419 formulate quality growth principles that the Legislature may consider implementing in further
420 legislation affecting Title 11, Chapter 38, Quality Growth Act;
421 (b) develop proposals for or drafts of legislation to implement quality growth principles
422 and to define more specifically the features of quality growth areas, whose general features are
423 outlined in Subsection (3), and to provide for their establishment;
424 (c) consider other state sources of revenue that could be added to the list of funding
425 sources under Subsection (4)(a) for which quality growth areas will be given priority and make a
426 recommendation to the Legislature as to funding sources it should consider adding to the list;
427 (d) consider other potential sources of money for the fund to pay for the preservation of
428 agricultural land and open land and make a recommendation to the Legislature as to other sources
429 of money it should consider;
430 (e) develop and recommend to the Legislature criteria and standards that should apply in
431 determining how distributions of money from the fund should be prioritized; and
432 (f) report to the Political Subdivisions Interim Committee of the Legislature by November
433 30, 1999, on the commission's proposals and recommendations under Subsections (2)(a), (b), (c),
434 (d), and (e).
435 (3) (a) It is the intent of the Legislature to consider the recommendations of the Quality
436 Growth Commission and to consider defining the features of quality growth areas and providing
437 for their establishment.
438 (b) General features of a quality growth area that the commission shall consider in
439 recommending a more specific definition are:
440 (i) whether the area should have adequate existing infrastructure or ready access to
441 additional infrastructure to support additional development;
442 (ii) whether affordable housing should be integrated into the housing mix;
443 (iii) whether the area should have potential for:
444 (A) infill development;
445 (B) the redevelopment of existing but obsolete or dilapidated developed areas; or
446 (C) the rehabilitation of Brownfield sites;
447 (iv) whether the area should achieve an average residential density that is greater than the
448 density of existing developed areas in which the quality growth area is located; and
449 (v) whether the local entity should be willing to integrate the conservation of open land
450 and agricultural land.
451 (4) It is the intent of the Legislature that future legislation providing for the establishment
452 of quality growth areas will:
453 (a) include provisions that:
454 (i) except as provided in Subsection (4)(b), give priority to quality growth areas with
455 respect to accessing funds from:
456 (A) the Water Resources Construction Fund under Section 73-10-8 ;
457 (B) the Water Resources Cities Water Loan Fund under Section 73-10-22 ;
458 (C) the Water Resources Conservation and Development Fund under Sections 73-10-24 ,
459 73-10b-4 , 73-10g-3 , and 73-10h-3 ;
460 (D) the Drinking Water Board Loan Program under Sections 73-10b-6 , 73-10g-5 , and
461 73-10h-5 ; and
462 (E) the Water Quality Assistance Program under Sections 73-10b-5 , 73-10g-4 , and
463 73-10h-4 ;
464 (ii) specify how 50% of any future increases in the state's private activity bond volume cap
465 under Title 9, Chapter 4, Part 5, Bond Volume Cap Allocation, may be used for development that
466 occurs within a quality growth area; and
467 (iii) require all state agencies, departments, boards, and commissions which administer and
468 disburse funds or develop infrastructure at the state level to adhere to quality growth principles to
469 be formulated by the commission and adopted by the Legislature, and comply with other
470 provisions of Title 11, Chapter 38, Quality Growth Act; and
471 (b) not place counties with a population under 25,000, cities and towns in a county with
472 a population under 25,000, and towns and cities with a population under 5,000 located in a county
473 of the third, fourth, fifth, or sixth class at a disadvantage, with respect to accessing funds under
474 Subsection (4)(a)(i), for not having a quality growth area.
475 (5) Issues the commission shall consider in formulating quality growth principles for the
476 Legislature to consider include:
477 (a) how to ensure that the rights of private property owners are protected;
478 (b) how to implement the policy of no net decrease in the quantity or value of private real
479 property available to generate property tax revenues, while recognizing that at times some
480 additional public land will be needed and at other times public land that is not critical can be sold,
481 exchanged, or converted to private ownership to accommodate growth and development;
482 (c) how to implement the concept of local control over land use and development decisions
483 but with state leadership and coordination;
484 (d) how to implement a balance of free market and public sector planning solutions to
485 growth management problems;
486 (e) whether to preserve agricultural land and open land and, if so, how;
487 (f) whether to encourage infill development and the development of Brownfield sites and,
488 if so, how;
489 (g) whether to provide affordable housing for all economic segments of the state and, if
490 so, how;
491 (h) whether to encourage a mix of residential densities and housing types and, if so, how;
492 (i) whether to encourage the preservation or enhancement of existing housing stock and,
493 if so, how;
494 (j) how to encourage voluntary cooperation among local entities and other providers of
495 public services;
496 (k) how to encourage voluntary partnerships with the private sector;
497 (l) what governmental actions affect the free market system and the measures that should
498 be taken to minimize that effect;
499 (m) whether to encourage development in urban areas where adequate public facilities and
500 services already exist and, if so, how;
501 (n) whether quality growth areas should be located exclusively or primarily within
502 municipalities;
503 (o) whether development should be encouraged within municipalities; and
504 (p) whether barriers to quality growth exist in state statutes.
505 Section 15. Transition of LeRay McAllister Fund.
506 The LeRay McAllister Critical Land Conservation Revolving Loan Fund, established in
507 Chapter 323, Laws of Utah 1998, is reestablished as the LeRay McAllister Critical Land
508 Conservation Fund under Section 11-38-301 , and all assets and liabilities of the LeRay McAllister
509 Critical Land Conservation Revolving Loan Fund are assets and liabilities of the LeRay McAllister
510 Critical Land Conservation Fund.
511 Section 16. Repealer.
512 This act repeals:
513 Section 11-28-101, Definitions.
514 Section 11-28-102, Critical Land Conservation Committee.
515 Section 11-28-103, LeRay McAllister Critical Land Conservation Revolving Loan
516 Fund.
517 Section 11-28-104, Use of money in fund -- Criteria -- Repayment terms.
518 Section 11-28-105, Loan limitations.
519 Section 11-28-106, Division of Finance responsible for administration of loans.
520 Section 11-28-107, State treasurer shall invest monies.
521 Section 11-28-108, Committee authorized to dispose of property.
522 Section 63-9-64, Definitions.
523 Section 63-9-65, Energy consumption reporting requirements -- State energy
524 management plans.
525 Section 17. Appropriation.
526 Except as provided in H.B. 4, Appropriations Coordination Act, there is appropriated
527 $250,000 from the General Fund for fiscal year 1999-2000 to the Governor's Office of Planning
528 and Budget, established under Section 63-38-1.4 , for the purposes set forth in Section 11-38-203 .
529 Section 18. Effective date.
530 If approved by two-thirds of all the members elected to each house, this act takes effect
531 upon approval by the governor, or the day following the constitutional time limit of Utah
532 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
533 date of veto override.
Legislative Review Note
as of 1-25-99 10:33 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.