S.B. 245

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Senate 2nd Reading Amendments 2-24-2006 rd/rhr This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 22, 2006 at 8:45 AM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Feb 24, 2006 at 3:20 PM by rday. --> 1

REDEVELOPMENT AGENCY AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis S. Bramble
5 House Sponsor: Rebecca D. Lockhart
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to redevelopment agencies.
10 Highlighted Provisions:
11 This bill:
12 . adds a definition of "inactive industrial site";
13 . modifies requirements applicable to a project area plan;
14 . modifies a provision imposing a size restriction on project areas to make an
15 exception for areas that include an inactive industrial site;
16 . excludes inactive industrial sites from the calculation of combined incremental
17 value for purposes of a provision prohibiting the adoption of a project area plan if a
18 limit on combined incremental value is exceeded;
19 . makes the presence of an inactive industrial site in a project area an alternative to
20 finding blight for purposes of a redevelopment project; and
21 . makes technical changes.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 S. [ None ] This bill coordinates with S.B. 196, Revisions to Redevelopment Agency
25a Provisions, by merging the amendments. .S
26 Utah Code Sections Affected:
27 AMENDS:

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- 2 - 28 17B-4-102, as last amended by Chapter 292, Laws of Utah 2005
29 17B-4-403, as last amended by Chapter 292, Laws of Utah 2005
30 17B-4-404, as last amended by Chapter 256, Laws of Utah 2003
31 17B-4-407, as last amended by Chapter 292, Laws of Utah 2005
32 17B-4-503, as last amended by Chapter 165, Laws of Utah 2004
33 17B-4-602, as last amended by Chapter 292, Laws of Utah 2005
34 17B-4-604, as last amended by Chapter 292, Laws of Utah 2005
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 17B-4-102 is amended to read:
38 17B-4-102. Definitions.
39 (1) "Agency" means a separate body corporate and politic, created under Section
40 17B-4-201 or previous law, that is a political subdivision of the state, that is created to
41 undertake or promote redevelopment, economic development, or education housing
42 development, or any combination of them, as provided in this chapter, and whose geographic
43 boundaries are coterminous with:
44 (a) for an agency created by a county, the unincorporated area of the county; and
45 (b) for an agency created by a city or town, the boundaries of the city or town.
46 (2) "Assessment property owner" or "assessment owner of property" means the owner
47 of real property as shown on the assessment roll of the county in which the property is located,
48 equalized as of the previous November 1.
49 (3) "Assessment roll" has the meaning as defined in Section 59-2-102 .
50 (4) "Base taxable value" means the taxable value of the property within a project area
51 from which tax increment will be collected, as shown upon the assessment roll last equalized
52 before:
53 (a) for a pre-July 1, 1993 project area plan, the effective date of the project area plan;
54 or
55 (b) for a post-June 30, 1993 project area plan:
56 (i) the date of the taxing entity committee's approval of the first project area budget; or
57 (ii) if no taxing entity committee approval is required for the project area budget, the
58 later of:

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Senate Committee Amendments 2-22-2006 rd/rhr 59

(A) the date the project area plan is adopted by the community legislative body; and
60 (B) the date the agency adopts the first project area budget.
61 (5) "Blight" or "blighted" means the condition of an area that meets the requirements of
62 Subsection 17B-4-604 (1).
63 (6) "Blight hearing" means a public hearing under Subsection 17B-4-601 (1)(c) and
64 Section 17B-4-603 regarding the existence or nonexistence of blight within the proposed
65 redevelopment project area.
66 (7) "Blight study" means a study to determine the existence or nonexistence of blight
67 within a survey area as provided in Section 17B-4-602 .
68 (8) "Board" means the governing body of an agency, as provided in Section 17B-4-203 .
69 (9) "Budget hearing" means the public hearing on a draft project area budget required
70 under Subsection 17B-4-501 (2)(e).
71 (10) "Community" means a county, city, or town.
72 (11) "Economic development" means to promote the creation or retention of public or
73 private jobs within the state through:
74 (a) planning, design, development, construction, rehabilitation, business relocation, or
75 any combination of these, within part or all of a project area; and
76 (b) the provision of office, industrial, manufacturing, warehousing, distribution,
77 parking, public, or other facilities, or other improvements that benefit the state or a community.
78 (12) "Education housing development" means the provision of high density housing
79 within a project area that is adjacent to a public or private institution of higher education.
80 (13) (a) "Inactive industrial site" means land that:
81 (i) consists of at least 1,000 acres; S. [ and ] .S
82 (ii) is occupied by an inactive or abandoned factory, smelter, or other heavy industrial
83 facility S. ; and
83a (iii) requires remediation because of the presence of hazardous or solid waste as defined
83b in Subsection 17B-4-604(1)(a)(iii)(I) .S .
84 (b) "Inactive industrial site" includes a perimeter of up to 1,500 feet around the land
85 described in Subsection (13)(a).
86 [(13)] (14) "Loan fund board" means the Olene Walker Housing Loan Fund Board,
87 established under Title 9, Chapter 4, Part 7, Olene Walker Housing Loan Fund.
88 [(14)] (15) "Plan hearing" means the public hearing on a draft project area plan
89 required under Subsection 17B-4-402 (1)(e).

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- 4 - 90 [(15)] (16) "Post-June 30, 1993 project area plan" means a redevelopment, economic
91 development, or education housing development project area plan adopted on or after July 1,
92 1993, whether or not amended subsequent to its adoption.
93 [(16)] (17) "Pre-July 1, 1993 project area plan" means a redevelopment project area
94 plan adopted before July 1, 1993, whether or not amended subsequent to its adoption.
95 [(17)] (18) "Private," with respect to real property, means:
96 (a) not owned by the United States or any agency of the federal government, a public
97 entity, or any other governmental entity; and
98 (b) not dedicated to public use.
99 [(18)] (19) "Project area" means the geographic area described in a project area plan or
100 draft project area plan where the redevelopment, economic development, or education housing
101 development set forth in the project area plan or draft project area plan takes place or is
102 proposed to take place.
103 [(19)] (20) "Project area budget" means a multiyear projection of annual or cumulative
104 revenues and expenses and other fiscal matters pertaining to a redevelopment, economic
105 development, or education housing development project area that includes:
106 (a) the base taxable value of property in the project area;
107 (b) the projected tax increment expected to be generated within the project area;
108 (c) the amount of tax increment expected to be shared with other taxing entities;
109 (d) the amount of tax increment expected to be used to implement the project area plan,
110 including the estimated amount of tax increment to be used for land acquisition, public
111 improvements, infrastructure improvements, and loans, grants, or other incentives to private
112 and public entities;
113 (e) the tax increment expected to be used to cover the cost of administering the project
114 area plan;
115 (f) if the area from which tax increment is to be collected is less than the entire project
116 area, a legal description of the portion of the project area from which tax increment will be
117 collected; and
118 (g) for property that the agency owns and expects to sell, the expected total cost of the
119 property to the agency and the expected selling price.
120 [(20)] (21) "Project area plan" means a written plan under Part 4, Project Area Plan,

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- 5 - 121 that, after its effective date, guides and controls the redevelopment, economic development, or
122 education housing development activities within the project area.
123 [(21)] (22) "Property tax" includes privilege tax and each levy on an ad valorem basis
124 on tangible or intangible personal or real property.
125 [(22)] (23) "Public entity" means:
126 (a) the state, including any of its departments or agencies; or
127 (b) a political subdivision of the state, including a county, city, town, school district,
128 special district, local district, or interlocal cooperation entity.
129 [(23)] (24) "Public input hearing" means the public hearing required under Subsection
130 17B-4-402 (1)(h)(ii) regarding a proposed redevelopment project.
131 [(24)] (25) "Record property owner" or "record owner of property" means the owner of
132 real property as shown on the records of the recorder of the county in which the property is
133 located and includes a purchaser under a real estate contract if the contract is recorded in the
134 office of the recorder of the county in which the property is located or the purchaser gives
135 written notice of the real estate contract to the agency.
136 [(25)] (26) "Redevelopment" means the development activities under a project area
137 plan within a redevelopment project area, including:
138 (a) planning, design, development, demolition, clearance, construction, rehabilitation,
139 or any combination of these, of part or all of a project area;
140 (b) the provision of residential, commercial, industrial, public, or other structures or
141 spaces, including recreational and other facilities incidental or appurtenant to them;
142 (c) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating, or
143 any combination of these, existing structures in a project area;
144 (d) providing open space, including streets and other public grounds and space around
145 buildings;
146 (e) providing public or private buildings, infrastructure, structures, and improvements;
147 and
148 (f) providing improvements of public or private recreation areas and other public
149 grounds.
150 [(26)] (27) "Superfund site":
151 (a) means an area included in the National Priorities List under the Comprehensive

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- 6 - 152 Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9605; and
153 (b) includes an area formerly included in the National Priorities List, as described in
154 Subsection [(26)] (27)(a), but removed from the list following remediation that leaves on site
155 the waste that caused the area to be included in the National Priorities List.
156 [(27)] (28) "Survey area" means an area designated by a survey area resolution for
157 study to determine whether one or more redevelopment projects within the area are feasible.
158 [(28)] (29) "Survey area resolution" means a resolution adopted by the agency board
159 under Subsection 17B-4-401 (1)(a) designating a survey area.
160 [(29)] (30) (a) "Tax increment" means, except as provided in Subsection [(29)] (30)(b),
161 the difference between:
162 (i) the amount of property tax revenues generated each tax year by all taxing entities
163 from the area within a project area designated in the project area plan as the area from which
164 tax increment is to be collected, using the current assessed value of the property; and
165 (ii) the amount of property tax revenues that would be generated from that same area
166 using the base taxable value of the property.
167 (b) "Tax increment" does not include taxes levied and collected under Section
168 59-2-906.1 on or after January 1, 1994 upon the taxable property in the project area unless:
169 (i) the project area plan was adopted before May 4, 1993, whether or not the project
170 area plan was subsequently amended; and
171 (ii) the taxes were pledged to support bond indebtedness or other contractual
172 obligations of the agency.
173 [(30)] (31) "Taxing entity" means a public entity that levies a tax on property within a
174 project area or proposed project area.
175 [(31)] (32) "Taxing entity committee" means a committee representing the interests of
176 taxing entities, created as provided in Section 17B-4-1002 .
177 Section 2. Section 17B-4-403 is amended to read:
178 17B-4-403. Project area plan requirements.
179 (1) Each project area plan and draft project area plan shall:
180 (a) describe the boundaries of the project area;
181 (b) contain a general statement of the land uses, layout of principal streets, population
182 densities, and building intensities of the project area and how they will be affected by the

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- 7 - 183 redevelopment, economic development, or education housing development;
184 (c) state the standards that will guide the redevelopment, economic development, or
185 education housing development;
186 (d) show how the purposes of this chapter will be attained by the redevelopment,
187 economic development, or education housing development;
188 (e) be consistent with the general plan of the community in which the project area is
189 located and show that the redevelopment, economic development, or education housing
190 development will conform to the community's general plan;
191 (f) if the agency board made a finding of blight under Subsection 17B-4-601 (1)(d)(ii),
192 describe how the redevelopment will reduce or eliminate blight in the project area;
193 (g) if the project area plan is for economic development, describe how the economic
194 development will create additional jobs;
195 (h) if the project area plan is for education housing development, describe how the
196 education housing development will meet the needs of the community in which the project area
197 is located;
198 (i) describe any specific project or projects that are the object of the proposed
199 redevelopment, economic development, or education housing development;
200 (j) identify how private developers, if any, will be selected to undertake the
201 redevelopment, economic development, or education housing development and identify each
202 private developer currently involved in the redevelopment, economic development, or
203 education housing development process;
204 (k) contain a time limit of no more than three years after adoption of the project area
205 plan for the agency to commence implementation of the project area plan, unless the project
206 area plan is adopted again as if it were an amended project area plan under Section 17B-4-411 ;
207 (l) if the project area plan authorizes the use of eminent domain, contain a time limit of
208 no more than five years after the effective date of the project area plan for the agency to
209 commence acquisition of property through the use of eminent domain;
210 (m) if the project area plan provides for tax increment to be paid to the agency:
211 (i) contain a time limit of no more than 25 years for tax increment to be paid to the
212 agency from the project area unless the taxing entity committee consents to a longer period;
213 and

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- 8 - 214 (ii) contain a provision that the project area may not exceed 100 acres of private real
215 property unless:
216 (A) the agency obtains the consent of the taxing entity committee; or
217 (B) the project area is a superfund site or an inactive industrial site;
218 (n) state the reasons for the selection of the project area;
219 (o) describe the physical, social, and economic conditions existing in the project area;
220 (p) provide a financial analysis describing the proposed method of financing the
221 proposed redevelopment, economic development, or education housing development;
222 (q) describe any tax incentives offered private entities for facilities located in the
223 project area;
224 (r) contain the report and state any recommendations of the community's planning
225 commission;
226 (s) include an analysis, as provided in Subsection (2), of whether adoption of the
227 project area plan is:
228 (i) for a redevelopment project area plan, necessary and appropriate to reduce or
229 eliminate blight; or
230 (ii) for an economic development or education housing development project area plan,
231 beneficial under a benefit analysis;
232 (t) if any of the existing buildings or uses in the project area are included in or eligible
233 for inclusion in the National Register of Historic Places or the State Register, state that the
234 agency shall comply with Subsection 9-8-404 (1) as though the agency were a state agency; and
235 (u) include other information that the agency determines to be necessary or advisable.
236 (2) Each analysis under Subsection (1)(s)(ii) shall consider:
237 (a) the benefit of any financial assistance or other public subsidy proposed to be
238 provided by the agency, including:
239 (i) an evaluation of the reasonableness of the costs of economic development or
240 education housing development;
241 (ii) efforts the agency has made or will make to maximize private investment;
242 (iii) the rationale for use of tax increment, including an analysis of whether the
243 proposed development might reasonably be expected to occur in the foreseeable future solely
244 through private investment; and

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- 9 - 245 (iv) an estimate of the total amount of tax increment that will be expended in
246 undertaking economic development or education housing development and the length of time
247 for which it will be expended; and
248 (b) the anticipated public benefit to be derived from the economic development or
249 education housing development, including:
250 (i) the beneficial influences upon the tax base of the community;
251 (ii) the associated business and economic activity likely to be stimulated; and
252 (iii) in the case of economic development, the number of jobs or employment
253 anticipated to be generated or preserved.
254 Section 3. Section 17B-4-404 is amended to read:
255 17B-4-404. Limit on size of project area in certain project area plans.
256 A project area under a project area plan that provides for tax increment funds to be paid
257 to the agency may not exceed 100 acres of private real property unless:
258 (1) the agency obtains the consent of the taxing entity committee;
259 (2) the project area plan was adopted on or before April 1, 1983; or
260 (3) the project area is a superfund site or an inactive industrial site.
261 Section 4. Section 17B-4-407 is amended to read:
262 17B-4-407. Board resolution approving project area plan -- Requirements --
263 Additional requirements for redevelopment project area plan.
264 (1) Each board resolution approving a draft redevelopment, economic development, or
265 education housing development project area plan as the project area plan under Subsection
266 17B-4-402 (1)(j) shall contain:
267 (a) a legal description of the boundaries of the project area that is the subject of the
268 project area plan;
269 (b) the agency's purposes and intent with respect to the project area;
270 (c) the project area plan incorporated by reference; and
271 (d) the board findings and determinations that:
272 (i) there is a need to effectuate a public purpose;
273 (ii) there is a public benefit under the analysis described in Subsections
274 17B-4-403 (1)[(t)](s) and (2);
275 (iii) it is economically sound and feasible to adopt and carry out the project area plan;

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- 10 - 276 (iv) the project area plan conforms to the community's general plan; and
277 (v) carrying out the project area plan will promote the public peace, health, safety, and
278 welfare of the community in which the project area is located.
279 (2) (a) As used in this Subsection (2), "comparable dwellings" means residential
280 housing facilities that are:
281 (i) within the project area or in other areas not generally less desirable in regard to
282 public utilities and public and commercial facilities;
283 (ii) at rents or prices within the financial means of the families and persons displaced
284 from the project area; and
285 (iii) decent, safe, and sanitary and equal in number and available to displaced families
286 and persons and reasonably accessible to their places of employment.
287 (b) In addition to the requirements under Subsection (1), each board resolution
288 approving a redevelopment project area plan shall:
289 (i) state that the board previously made a finding of blight within the project area and
290 the date of the board's finding of blight; and
291 (ii) contain the board's findings and determinations that, if the project area plan may
292 result in the temporary or permanent displacement of any residential occupants in the project
293 area:
294 (A) the agency has a feasible method or plan for the relocation of families and persons
295 displaced from the project area;
296 (B) comparable dwellings exist or will be provided to the families and persons
297 displaced by the project area plan; and
298 (C) the board is satisfied that permanent housing facilities will be available within
299 three years from the time occupants of the project area are displaced and, pending the
300 development of these housing facilities, there will be available to the displaced occupants
301 adequate temporary housing facilities at rents comparable to those in the community at the time
302 of their displacement.
303 Section 5. Section 17B-4-503 is amended to read:
304 17B-4-503. Combined incremental value -- Restriction against adopting project
305 area budget -- Taxing entity committee may waive restriction.
306 (1) For purposes of this section:

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- 11 - 307 (a) "Adjusted tax increment" means:
308 (i) for tax increment under a pre-July 1, 1993 project area plan, tax increment under
309 Section 17B-4-1003 , excluding tax increment under Subsection 17B-4-1003 (3); and
310 (ii) for tax increment under a post-June 30, 1993 project area plan, tax increment under
311 Section 17B-4-1004 , excluding tax increment under Subsection 17B-4-1004 (3).
312 (b) "Combined incremental value" means the combined total of all incremental values
313 from all project areas, except project areas that contain some or all of a military installation
314 [project area] or inactive industrial site, within the agency's boundaries under adopted project
315 area plans and adopted project area budgets at the time that a project area budget for a new
316 project area is being considered.
317 (c) "Incremental value" means a figure derived by multiplying the marginal value of
318 the property located within a project area on which tax increment is collected by a number that
319 represents the percentage of adjusted tax increment from that project area that is paid to the
320 agency.
321 (d) "Marginal value" means the difference between actual taxable value and base
322 taxable value.
323 (e) "Military installation project area" means a project area or a portion of a project
324 area located within a federal military installation ordered closed by the federal Defense Base
325 Realignment and Closure Commission.
326 (f) "Taxable value" means the value of property as shown on the last equalized
327 assessment roll as certified by the county assessor.
328 (2) (a) Except as provided in Subsection (2)(b), an agency may not adopt a project area
329 budget if, at the time the project area budget is being considered, the combined incremental
330 value for the agency exceeds 10% of the total taxable value of property within the agency's
331 boundaries in the year that the project area budget is being considered.
332 (b) A taxing entity committee may waive the restrictions imposed by Subsection (2)(a).
333 Section 6. Section 17B-4-602 is amended to read:
334 17B-4-602. Blight study -- Requirements -- Deadline.
335 (1) Each blight study required under Subsection 17B-4-601 (1)(a) shall:
336 (a) provide data so the board and taxing entity committee may determine:
337 (i) whether the conditions described in Subsections 17B-4-604 (1)(a)(i) and (ii) exist in

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- 12 - 338 part or all of the survey area;
339 (ii) whether the factors listed in Subsection 17B-4-604 (1)(a)(iii) are present in the
340 survey area; and
341 (iii) whether the survey area contains a superfund site or an inactive industrial site;
342 (b) include a written report setting forth:
343 (i) the conclusions reached; and
344 (ii) any other information requested by the agency to determine whether a
345 redevelopment project area is feasible; and
346 (c) be completed within one year after the adoption of the survey area resolution.
347 (2) (a) If a blight study is not completed within one year after the adoption of the
348 resolution under Subsection 17B-4-401 (1)(a) designating a survey area, the agency may not
349 approve a redevelopment project area plan based on that blight study unless it first adopts a
350 new resolution under Subsection 17B-4-401 (1)(a).
351 (b) A new resolution under Subsection (2)(a) shall in all respects be considered to be a
352 resolution under Subsection 17B-4-401 (1)(a) adopted for the first time, except that any actions
353 taken toward completing a blight study under the resolution that the new resolution replaces
354 shall be considered to have been taken under the new resolution.
355 Section 7. Section 17B-4-604 is amended to read:
356 17B-4-604. Conditions on board determination of blight -- Conditions of blight
357 caused by the developer.
358 (1) An agency board may not make a finding of blight in a resolution under Section
359 17B-4-601 unless the board finds that the redevelopment project area:
360 (a) (i) contains buildings or improvements used or intended to be used for residential,
361 commercial, industrial, or other urban purposes, or any combination of those uses;
362 (ii) contains buildings or improvements on at least 50% of the number of parcels of
363 private real property whose acreage is at least 50% of the acreage of the private real property
364 within the proposed redevelopment project area; and
365 (iii) is unfit or unsafe to occupy or may be conducive to ill health, transmission of
366 disease, infant mortality, juvenile delinquency, or crime because of any three or more of the
367 following factors:
368 (A) defective character of physical construction;

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Senate 2nd Reading Amendments 2-24-2006 rd/rhr 369

(B) high density of population or overcrowding;
370 (C) inadequate ventilation, light, or spacing between buildings;
371 (D) mixed character and shifting of uses, resulting in obsolescence, deterioration, or
372 dilapidation;
373 (E) economic deterioration or continued disuse;
374 (F) lots of irregular shape or inadequate size for proper usefulness and development, or
375 laying out of lots in disregard of the contours and other physical characteristics of the ground
376 and surrounding conditions;
377 (G) inadequate sanitation or public facilities which may include streets, open spaces,
378 and utilities;
379 (H) areas that are subject to being submerged by water; and
380 (I) existence of any hazardous or solid waste, defined as any substance defined,
381 regulated, or listed as a hazardous substance, hazardous material, hazardous waste, toxic waste,
382 pollutant, contaminant, or toxic substance, or identified as hazardous to human health or the
383 environment under state or federal law or regulation; or
384 (b) [is] includes some or all of a superfund site or an inactive industrial site.
385 (2) (a) For purposes of Subsection (1), if a developer involved in the redevelopment
386 project causes a condition listed in Subsection (1)(a)(iii) within the project area, the condition
387 caused by the developer may not be used in the determination of blight.
388 (b) Subsection (2)(a) does not apply to a condition that was caused by an owner or
389 tenant who becomes a developer under Section 17B-4-901 .
389a S. Section 8. Coordinating S.B. 245 with S.B. 196 -- Merging substantive amendments.
389b If this S.B. 245 and S.B. 196, Revisions to Redevelopment Agency Provisions, both pass,
389c it is the intent of the Legislature that the Office of Legislative Research and General Counsel,
389d in preparing the Utah Code database for publication, merge the amendments to Subsection
389e 17B-4-503(1)(b) in this S.B. 245 into Subsection 17C-1-102(13), as renumbered and amended in
389f S.B. 196, so that Subsection 17C-1-102(13) reads as follows:
389g "(13) "Combined incremental value" means the combined total of all incremental
389h values from all urban renewal project areas, except project areas that contain some or all of a
389i military installation or inactive industrial site, within the agency's boundaries under adopted
389j project area plans and adopted project area budgets at the time that a project area budget for
389k a new urban renewal project area is being considered.". .S

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Senate 2nd Reading Amendments 2-24-2006 rd/rhr Legislative Review Note

as of 2-8-06 5:20 PM

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