H.B. 126

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 16, 2005 at 1:57 PM by ddonat. --> 1

AMENDMENTS TO FACILITIES WITH
2 REGIONAL IMPACT
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Gregory H. Hughes
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to land use applications for approval of a facility with
10 a regional impact.
11 Highlighted Provisions:
12 This bill:
13 . requires counties and municipalities to consider several factors in determining
14 whether to approve a land use application for a facility with a regional impact.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 ENACTS:
21 10-9-410, Utah Code Annotated 1953
22 17-27-409, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 10-9-410 is enacted to read:
26 10-9-410. Considerations in deciding a land use application for a facility with a
27 regional impact.

28 (1) As used in this section:
29 (a) "Facility with a regional impact" means a H. specified local entity's .H use of land,
29a through the development of
30 the land or the expansion or modification of an existing use, that is likely to require an
31 expansion or significant modification of services or facilities provided by a specified local
32 entity.
33 (b) "Specified local entity" means:
34 (i) a county;
35 (ii) a municipality, other than the municipality in which the land is located;
36 (iii) an independent special district under Title 17A, Chapter 2, Independent Special
37 Districts;
38 (iv) a local district under Title 17B, Chapter 2, Local District;
39 (v) a school district;
40 (vi) an interlocal cooperation entity established under Title 11, Chapter 13, Interlocal
41 Cooperation Act; or
42 (vii) an electrical corporation, gas corporation, or telephone corporation, as those terms
43 are defined in Section 54-2-1 .
44 (2) Each municipality that considers a specified local entity's application for approval
45 of a facility with a regional impact shall, in determining whether to approve the application,
46 consider:
47 (a) whether the specified local entity proposing the facility with a regional impact:
48 (i) included the facility with a regional impact within the general or long-range plan of
49 the specified local entity;
50 (ii) filed the general or long-range plan with the municipality;
51 (iii) complied with applicable notice requirements with respect to the acquisition of the
52 land and the proposed facility with a regional impact; and
53 (iv) has made a good faith effort to cooperate and resolve conflicts with the
54 municipality concerning the proposed facility with regional impact;
55 (b) whether allowing the proposed facility with a regional impact will provide a greater
56 benefit to the affected segment of the public than not allowing it;
57 H. [ (c) whether there are other suitable locations for the proposed facility with a regional

58 impact; ] .H

59 H. [ (d) ] (c) .H (i) whether an entity other than the specified local entity proposing the
59a facility with
60 a regional impact will bear an unreasonable burden or suffer an unreasonable impact, including
61 financial burden or impact, from the proposed facility with a regional impact; and
62 (ii) the extent to which the specified local entity proposing the facility with a regional
63 impact is willing to mitigate the burden or impact;
64 H. [ (e) ] (d) .H whether the proposed facility with a regional impact is consistent with the
65 municipality's general plan; H. and
66 [ (f) ] (e) .H whether the municipality's general plan and land use ordinances applicable
66a to the
67 land were consistent with the proposed facility with a regional impact at the time the specified
68 local entity proposing the facility acquired the land H. [ ; and ] .
69 [ (g) any other factor relevant to a resolution of the application that best serves the public
70 interest. ] .H
71 Section 2. Section 17-27-409 is enacted to read:
72 17-27-409. Considerations in deciding a land use application for a facility with a
73 regional impact.
74 (1) As used in this section:
75 (a) "Facility with a regional impact" means a H. specified local entity's .H use of land,
75a through the development of
76 the land or the expansion or modification of an existing use, that is likely to require an
77 expansion or significant modification of services or facilities provided by a specified local
78 entity.
79 (b) "Specified local entity" means:
80 (i) a county, other than the county in whose unincorporated area the land is located;
81 (ii) a municipality;
82 (iii) an independent special district under Title 17A, Chapter 2, Independent Special
83 Districts;
84 (iv) a local district under Title 17B, Chapter 2, Local District;
85 (v) a school district;
86 (vi) an interlocal cooperation entity established under Title 11, Chapter 13, Interlocal
87 Cooperation Act; or
88 (vii) an electrical corporation, gas corporation, or telephone corporation, as those terms
89 are defined in Section 54-2-1 .

90 (2) Each county that considers a specified local entity's application for approval of a
91 facility with a regional impact shall, in determining whether to approve the application,
92 consider:
93 (a) whether the specified local entity proposing the facility with a regional impact:
94 (i) included the facility with a regional impact within the general or long-range plan of
95 the specified local entity;
96 (ii) filed the general or long-range plan with the county;
97 (iii) complied with applicable notice requirements with respect to the acquisition of the
98 land and the proposed facility with a regional impact; and
99 (iv) has made a good faith effort to cooperate and resolve conflicts with the county
100 concerning the proposed facility with regional impact;
101 (b) whether allowing the proposed facility with a regional impact will provide a greater
102 benefit to the affected segment of the public than not allowing it;
103 H. [ (c) whether there are other suitable locations for the proposed facility with a regional
104 impact; ]
105 [ (d) ] (c) .H (i) whether an entity other than the specified local entity proposing the facility
105a with
106 a regional impact will bear an unreasonable burden or suffer an unreasonable impact, including
107 financial burden or impact, from the proposed facility with a regional impact; and
108 (ii) the extent to which the specified local entity proposing the facility with a regional
109 impact is willing to mitigate the burden or impact;
110 H. [ (e) ] (d) .H whether the proposed facility with a regional impact is consistent with the
110a county's
111 general plan; H. and
112 [ (f) ] (e) .H whether the county's general plan and land use ordinances applicable to the land
113 were consistent with the proposed facility with a regional impact at the time the specified local
114 entity proposing the facility acquired the land H. [ ; and ] .
115 [ (g) any other factor relevant to a resolution of the application that best serves the public
116 interest. ] .H

Legislative Review Note
as of 2-2-05 8:28 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel