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S.B. 10
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6 AN ACT RELATING TO COMMUNITY IMPACT MONIES; AUTHORIZING THE
7 COMMUNITY IMPACT BOARD TO DISTRIBUTE MONIES TO ENTITIES FORMED BY
8 CERTAIN POLITICAL SUBDIVISIONS VIA THE INTERLOCAL COOPERATION ACT; AND
9 MAKING TECHNICAL CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 9-4-302, as last amended by Chapter 326, Laws of Utah 1995
13 9-4-305, as last amended by Chapter 326, Laws of Utah 1995
14 9-4-307, as last amended by Chapter 78, Laws of Utah 1993
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 9-4-302 is amended to read:
17 9-4-302. Definitions.
18 As used in this part:
19 (1) "Bonus payments" mean that portion of the bonus payments received by the United
20 States government under the Leasing Act paid to the state under Section 35 of the Leasing Act,
21 together with any interest that had accrued on those payments.
22 (2) "Impact board" means the Permanent Community Impact Fund Board created under
23 Section 9-4-304 .
24 (3) "Impact fund" means the Permanent Community Impact Fund established by this
25 chapter.
26 (4) "Interlocal Agency" means a legal or administrative entity created by a subdivision or
27 combination of subdivisions under the authority of Title 11, Chapter 13, Interlocal Cooperation
28 Act.
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30 as amended.
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32 district, special improvement district, water conservancy district, water or sewer improvement
33 district, housing authority, building authority, school district, or public postsecondary institution
34 organized under the laws of this state.
35 Section 2. Section 9-4-305 is amended to read:
36 9-4-305. Duties -- Loans -- Interest.
37 (1) The impact board shall:
38 (a) make, subject to the limitations of the Leasing Act, grants and loans from the amounts
39 appropriated by the Legislature out of the impact fund to state agencies [
40 interlocal agencies that are or may be socially or economically impacted, directly or indirectly,
41 by mineral resource development for:
42 (i) planning;
43 (ii) construction and maintenance of public facilities; and
44 (iii) provision of public services;
45 (b) establish the criteria by which the loans and grants will be made;
46 (c) determine the order in which projects will be funded;
47 (d) in conjunction with other agencies of the state or of subdivisions or of interlocal
48 agencies, conduct studies, investigations, and research into the effects of proposed mineral
49 resource development projects upon local communities;
50 (e) sue and be sued in accordance with applicable law;
51 (f) qualify for, accept, and administer grants, gifts, loans, or other funds from the federal
52 government and from other sources, public or private; and
53 (g) perform other duties assigned to it under Sections 11-13-29 and 11-13-30 .
54 (2) Monies, including all loan repayments and interest, in the impact fund derived from
55 bonus payments may be used for any of the purposes set forth in Subsection (1)(a) but may only
56 be given in the form of loans to be paid back into the impact fund by the agency [
57 or interlocal agency.
58 (3) The average annual return to the impact fund on all bonus monies may not be less than
59 one-half of the average interest rate paid by the state on general obligation bonds issued during the
60 most recent fiscal year in which bonds were sold.
61 (4) (a) "Provision of public services" under Subsection (1)(a) includes contracts with
62 public postsecondary institutions to fund research, education, or public service programs that:
63 (i) benefit impacted counties or political subdivisions of the counties; and
64 (ii) are consistent with the purposes provided in Subsection 59-21-1 (1)(a)(ii).
65 (b) Each contract under Subsection (4)(a) shall be:
66 (i) based on an application to the impact board from the impacted county; and
67 (ii) approved by the county legislative body.
68 (c) For purposes of this section, a land use plan is a public service program.
69 Section 3. Section 9-4-307 is amended to read:
70 9-4-307. Impact fund administered by impact board -- Eligibility for assistance --
71 Review by board -- Administration costs -- Annual report -- Compliance with tax
72 commission directives.
73 (1) (a) The impact board shall:
74 (i) administer the impact fund in a manner [
75 fund revolving [
76 (ii) determine provisions for repayment of loans[
77 (iii) establish criteria for determining eligibility for assistance under this part that are
78 consistent with the purposes of Section 35 of the Leasing Act.
79 (b) In order to receive assistance under this part, subdivisions and interlocal agencies shall
80 submit formal applications [
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83 (2) In determining eligibility for loans and grants under this part, the impact board shall
84 consider the following:
85 (a) the subdivision's or interlocal agency's current federal mineral lease production;
86 (b) the feasibility of the actual development of a resource [
87 subdivision or interlocal agency directly or indirectly;
88 (c) current taxes being paid by the subdivision's or interlocal agency's residents;
89 (d) the borrowing capacity of the subdivision or interlocal agency, its ability and
90 willingness to sell bonds or other securities in the open market, and its current and authorized
91 indebtedness[
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94 (e) all possible additional sources of state and local revenue, including utility user charges;
95 (f) the availability of federal assistance funds;
96 (g) probable growth of population due to actual or prospective natural resource
97 development in an area;
98 (h) existing public facilities and services;
99 (i) the extent of the expected direct or indirect impact upon public facilities and services
100 of the actual or prospective natural resource development in an area; and
101 (j) the extent of industry participation in an impact alleviation plan, either as specified in
102 Title 63, Chapter 51, Resource Development, or otherwise.
103 (3) The impact board may not fund any education project that could otherwise have
104 reasonably been funded by a school district through a program of annual budgeting, capital
105 budgeting, bonded indebtedness, or special assessments.
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107 liability to repay loans for extenuating circumstances.
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109 (a) review the proposed [
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112 grant will be used in accordance with the provisions of the Leasing Act[
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114 (b) ensure that each loan specifies the terms for repayment and [
115 general obligation, special assessment, or revenue bonds, notes, or other obligations of the
116 appropriate subdivision or interlocal agency issued to the impact board [
117 whatever authority for the issuance [
118 exists at the time of the loan.
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120 funds that are appropriated by the Legislature for the administration of the impact fund, but this
121 amount may not exceed 2% of the annual receipts to the impact fund.
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123 number and type of loans and grants made as well as a list of subdivisions [
124 agencies that received this assistance.
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126 not make a loan or grant [
127 compliance [
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Legislative Review Note
as of 12-3-99 9:57 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.