First Substitute S.B. 47

This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 18, 2008 at 9:28 AM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 25, 2008 at 1:50 PM by rday. -->

Senator Dennis E. Stowell proposes the following substitute bill:

1 LIMITED PURPOSE LOCAL GOVERNMENT
2 ENTITIES REVISIONS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Dennis E. Stowell
6 House Sponsor: Fred R. Hunsaker
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to limited purpose local government entities.
11 Highlighted Provisions:
12 This bill:
13 . repeals and reenacts, rewrites, clarifies, and modifies provisions related to special
14 service districts, municipal building authorities, and conservation districts;
15 . expands the entities authorized to create a building authority to include local
16 districts and special service districts;
17 . repeals provisions related to parking and business improvement districts, special
18 road districts, and historic districts;
19 . reenacts historic preservation authority for counties and municipalities;
20 . modifies assessment area provisions to preserve authority eliminated through the
21 repeal of parking and business improvement district provisions;
22 . requires the type of local district proposed to be created to be specified in the
23 petition or resolution proposing the creation of a local district;
24 . clarifies that a local district board of trustees member must be a registered voter at
25 the location of the member's residence;

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- 2 - 26 . modifies a provision authorizing a local district to agree to the use of its land or land
27 over which it has a right-of-way;
28 . provides that a previously created local district authorized to provide fire protection
29 service is also authorized to provide paramedic and emergency service;
30 . allows an agent or officer of an owner of land to qualify as a board of trustees
31 member of certain local districts with seasonally occupied homes;
32 . specifies who may administer an oath of office to a local district board of trustees
33 member and requires an oath to be filed with the local district clerk;
34 . modifies a provision relating to the relationship between a local district election and
35 a municipal general election;
36 . exempts local district and special service district elections from early voting
37 provisions;
38 . eliminates a requirement that a water conservancy district publish notice of a board
39 vacancy;
40 . reduces the percentage of property owners or voters required to protest the creation
41 of a special service district or the addition of new territory or a new service to the
42 special service district;
43 . eliminates a provision stating that a federal employee protection act applies to
44 public transit district leases and other agreements;
45 . makes a provision allowing a service area to establish divisions for electing some or
46 all elected board members apply to all local districts rather than just service areas;
47 . increases the number of services that a local district may provide from two to four;
48 . expands the group of service areas that have a higher allowable tax rate to include
49 service areas in second class counties, if the service area provides fire protection,
50 paramedic, and emergency services;
51 . eliminates a cap on the number of local district board of trustees members allowed,
52 and makes conforming changes;
53 . authorizes animal control officers of special service districts to issue misdemeanor
54 and infraction citations;
55 . limits the area that an improvement district for electric service may include and
56 requires that type of district to have applied for and received approval of a

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Senate 2nd Reading Amendments 2-25-2008 rd/rhr 57

certification before a certain date;
58 . authorizes a special service district to provide service outside its boundary;
59 . modifies the type of correctional facilities and services that a special service district
60 is authorized to provide;
61 . authorizes a special service district in a county of the first class to provide extended
62 police protection;
63 . eliminates a cap on the number of special service district administrative control
64 board members allowed;
65 . modifies the qualifications of an administrative control board member;
66 . clarifies that a provision relating to the imposition and increasing of local district
67 fees does not apply to impact fees;
68 . modifies a provision relating to the oath of office of local district board members;
69 . clarifies that a voter at an election of a local district board member must be a
70 registered voter within the district;
71 . authorizes a local district board to pay local district board members a specified
72 compensation for training every year rather than every two years;
73 . modifies the authority of a conservation district;
74 . modifies the date by which a conservation district's annual report is to be submitted
75 to the commission; and
76 . makes technical changes.
77 Monies Appropriated in this Bill:
78 None
79 Other Special Clauses:
80 S. [ None ] This bill coordinates with H.B. 77, Personal Property Tax Amendments, by
80a providing technical amendments. .S
81 Utah Code Sections Affected:
82 AMENDS:
83 4-18-3, as last amended by Laws of Utah 2007, Chapter 179
84 4-18-5, as last amended by Laws of Utah 2007, Chapter 179
85 4-20-1.5, as last amended by Laws of Utah 2007, Chapter 179
86 10-2-101, as last amended by Laws of Utah 2007, Chapter 329
87 10-2-401, as last amended by Laws of Utah 2007, Chapter 329

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- 4 - 88 10-2-428, as last amended by Laws of Utah 2007, Chapter 329
89 10-9a-103, as last amended by Laws of Utah 2007, Chapters 188, 199, and 329
90 10-15-4, as last amended by Laws of Utah 1992, Chapter 30
91 10-15-6, as last amended by Laws of Utah 1992, Chapter 30
92 11-14-102, as last amended by Laws of Utah 2007, Chapter 329
93 11-17-3, as last amended by Laws of Utah 2005, Chapter 105
94 11-27-2, as last amended by Laws of Utah 2007, Chapter 329
95 11-32-2, as last amended by Laws of Utah 1993, Chapter 227
96 11-36-102, as last amended by Laws of Utah 2007, Chapter 329
97 11-36-201, as last amended by Laws of Utah 2007, Chapter 329
98 11-39-101, as last amended by Laws of Utah 2007, Chapter 329
99 11-40-101, as last amended by Laws of Utah 2007, Chapter 329
100 11-42-102, as enacted by Laws of Utah 2007, Chapter 329
101 11-39-104, as enacted by Laws of Utah 2003, Chapter 259
102 11-43-102, as enacted by Laws of Utah 2007, Chapter 118
103 17-27a-103, as last amended by Laws of Utah 2007, Chapters 188, 199, and 329
104 17-52-403, as last amended by Laws of Utah 2007, Chapter 329
105 17-53-311, as last amended by Laws of Utah 2005, Chapter 102
106 17B-1-102, as renumbered and amended by Laws of Utah 2007, Chapter 329
107 17B-1-103, as enacted by Laws of Utah 2007, Chapter 329
108 17B-1-202, as renumbered and amended by Laws of Utah 2007, Chapter 329
109 17B-1-203, as renumbered and amended by Laws of Utah 2007, Chapter 329
110 17B-1-205, as renumbered and amended by Laws of Utah 2007, Chapter 329
111 17B-1-215, as renumbered and amended by Laws of Utah 2007, Chapter 329
112 17B-1-302, as renumbered and amended by Laws of Utah 2007, Chapter 329
113 17B-1-303, as renumbered and amended by Laws of Utah 2007, Chapter 329
114 17B-1-306, as renumbered and amended by Laws of Utah 2007, Chapter 329
115 17B-1-312, as renumbered and amended by Laws of Utah 2007, Chapter 329
116 17B-1-643, as renumbered and amended by Laws of Utah 2007, Chapter 329
117 17B-1-1002, as enacted by Laws of Utah 2007, Chapter 329
118 17B-1-1101, as enacted by Laws of Utah 2007, Chapter 329

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- 5 - 119 17B-1-1103, as enacted by Laws of Utah 2007, Chapter 329
120 17B-1-1104, as enacted by Laws of Utah 2007, Chapter 329
121 17B-2a-404, as enacted by Laws of Utah 2007, Chapter 329
122 17B-2a-405, as enacted by Laws of Utah 2007, Chapter 329
123 17B-2a-406, as renumbered and amended by Laws of Utah 2007, Chapter 329
124 17B-2a-804, as enacted by Laws of Utah 2007, Chapter 329
125 17B-2a-813, as enacted by Laws of Utah 2007, Chapter 329
126 17B-2a-1005, as renumbered and amended by Laws of Utah 2007, Chapter 329
127 17B-2a-1007, as enacted by Laws of Utah 2007, Chapter 329
128 19-3-301, as last amended by Laws of Utah 2007, Chapter 329
129 19-6-502, as last amended by Laws of Utah 2007, Chapter 329
130 20A-1-102, as last amended by Laws of Utah 2007, Chapters 75, 256, 285, and 329
131 20A-11-1202, as last amended by Laws of Utah 2007, Chapter 329
132 26-8a-405.1, as last amended by Laws of Utah 2007, Chapter 329
133 26-8a-405.2, as last amended by Laws of Utah 2005, Chapters 25 and 205
134 51-7-3, as last amended by Laws of Utah 2007, Chapter 207
135 52-4-202, as last amended by Laws of Utah 2007, Chapters 45 and 249
136 52-4-203, as last amended by Laws of Utah 2007, Chapters 35, 204, and 329
137 53-2-502, as enacted by Laws of Utah 2007, Chapter 331
138 53A-2-123, as last amended by Laws of Utah 2007, Chapter 329
139 54-14-103, as last amended by Laws of Utah 2007, Chapters 242 and 329
140 59-2-102, as last amended by Laws of Utah 2007, Chapters 107, 234, and 329
141 59-2-924, as last amended by Laws of Utah 2007, Chapters 107 and 329
142 59-21-1, as last amended by Laws of Utah 2007, Chapter 303
143 59-21-2, as last amended by Laws of Utah 2007, Chapter 303
144 63-9-68, as enacted by Laws of Utah 2007, Chapter 118
145 63E-1-102, as last amended by Laws of Utah 2007, Chapter 329
146 67-1a-6.5, as last amended by Laws of Utah 2007, Chapters 212 and 329
147 67-3-1, as last amended by Laws of Utah 2007, Chapter 329
148 69-2-4, as last amended by Laws of Utah 1992, Chapter 30
149 69-2-5, as last amended by Laws of Utah 2007, Chapter 241

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Senate Committee Amendments 2-18-2008 rd/rhr 150

73-2-1, as last amended by Laws of Utah 2007, Chapter 329
151 73-5-15, as last amended by Laws of Utah 2007, Chapters 179 and 329
152 73-10-21, as last amended by Laws of Utah 2007, Chapter 329
153 77-7-18, as last amended by Laws of Utah 2005, Chapter 2
154 S. [ 78-27-63, as last amended by Laws of Utah 2007, Chapters 280, 329, and 357 ] 78B-4-509, as
154a renumbered and amended by Laws of Utah 2008, Chapter 3 .S
155 ENACTS:
156 10-8-85.9, Utah Code Annotated 1953
157 17-50-324, Utah Code Annotated 1953
158 17D-1-101, Utah Code Annotated 1953
159 17D-1-102, Utah Code Annotated 1953
160 17D-1-103, Utah Code Annotated 1953
161 17D-1-104, Utah Code Annotated 1953
162 17D-1-105, Utah Code Annotated 1953
163 17D-1-106, Utah Code Annotated 1953
164 17D-1-107, Utah Code Annotated 1953
165 17D-1-108, Utah Code Annotated 1953
166 17D-1-109, Utah Code Annotated 1953
167 17D-1-201, Utah Code Annotated 1953
168 17D-1-202, Utah Code Annotated 1953
169 17D-1-203, Utah Code Annotated 1953
170 17D-1-204, Utah Code Annotated 1953
171 17D-1-205, Utah Code Annotated 1953
172 17D-1-206, Utah Code Annotated 1953
173 17D-1-207, Utah Code Annotated 1953
174 17D-1-208, Utah Code Annotated 1953
175 17D-1-209, Utah Code Annotated 1953
176 17D-1-210, Utah Code Annotated 1953
177 17D-1-211, Utah Code Annotated 1953
178 17D-1-212, Utah Code Annotated 1953
179 17D-1-301, Utah Code Annotated 1953
180 17D-1-302, Utah Code Annotated 1953

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- 7 - 181 17D-1-303, Utah Code Annotated 1953
182 17D-1-304, Utah Code Annotated 1953
183 17D-1-305, Utah Code Annotated 1953
184 17D-1-306, Utah Code Annotated 1953
185 17D-1-401, Utah Code Annotated 1953
186 17D-1-402, Utah Code Annotated 1953
187 17D-1-403, Utah Code Annotated 1953
188 17D-1-501, Utah Code Annotated 1953
189 17D-1-502, Utah Code Annotated 1953
190 17D-1-503, Utah Code Annotated 1953
191 17D-1-504, Utah Code Annotated 1953
192 17D-1-505, Utah Code Annotated 1953
193 17D-1-506, Utah Code Annotated 1953
194 17D-1-507, Utah Code Annotated 1953
195 17D-1-508, Utah Code Annotated 1953
196 17D-1-509, Utah Code Annotated 1953
197 17D-1-601, Utah Code Annotated 1953
198 17D-1-602, Utah Code Annotated 1953
199 17D-1-603, Utah Code Annotated 1953
200 17D-2-101, Utah Code Annotated 1953
201 17D-2-102, Utah Code Annotated 1953
202 17D-2-103, Utah Code Annotated 1953
203 17D-2-104, Utah Code Annotated 1953
204 17D-2-105, Utah Code Annotated 1953
205 17D-2-106, Utah Code Annotated 1953
206 17D-2-107, Utah Code Annotated 1953
207 17D-2-108, Utah Code Annotated 1953
208 17D-2-109, Utah Code Annotated 1953
209 17D-2-110, Utah Code Annotated 1953
210 17D-2-201, Utah Code Annotated 1953
211 17D-2-202, Utah Code Annotated 1953

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- 8 - 212 17D-2-203, Utah Code Annotated 1953
213 17D-2-301, Utah Code Annotated 1953
214 17D-2-302, Utah Code Annotated 1953
215 17D-2-401, Utah Code Annotated 1953
216 17D-2-402, Utah Code Annotated 1953
217 17D-2-403, Utah Code Annotated 1953
218 17D-2-404, Utah Code Annotated 1953
219 17D-2-405, Utah Code Annotated 1953
220 17D-2-501, Utah Code Annotated 1953
221 17D-2-502, Utah Code Annotated 1953
222 17D-2-503, Utah Code Annotated 1953
223 17D-2-504, Utah Code Annotated 1953
224 17D-2-505, Utah Code Annotated 1953
225 17D-2-506, Utah Code Annotated 1953
226 17D-2-507, Utah Code Annotated 1953
227 17D-2-601, Utah Code Annotated 1953
228 17D-2-602, Utah Code Annotated 1953
229 17D-2-701, Utah Code Annotated 1953
230 17D-2-702, Utah Code Annotated 1953
231 17D-3-101, Utah Code Annotated 1953
232 17D-3-103, Utah Code Annotated 1953
233 17D-3-104, Utah Code Annotated 1953
234 17D-3-201, Utah Code Annotated 1953
235 17D-3-202, Utah Code Annotated 1953
236 17D-3-203, Utah Code Annotated 1953
237 17D-3-204, Utah Code Annotated 1953
238 17D-3-301, Utah Code Annotated 1953
239 17D-3-302, Utah Code Annotated 1953
240 17D-3-303, Utah Code Annotated 1953
241 17D-3-304, Utah Code Annotated 1953
242 17D-3-305, Utah Code Annotated 1953

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- 9 - 243 17D-3-306, Utah Code Annotated 1953
244 17D-3-307, Utah Code Annotated 1953
245 17D-3-308, Utah Code Annotated 1953
246 17D-3-309, Utah Code Annotated 1953
247 17D-3-310, Utah Code Annotated 1953
248 20A-3-605, Utah Code Annotated 1953
249 RENUMBERS AND AMENDS:
250 17B-1-306.5, (Renumbered from 17B-2a-906, as enacted by Laws of Utah 2007,
251 Chapter 329)
252 17D-3-102, (Renumbered from 17A-3-800, as last amended by Laws of Utah 2007,
253 Chapter 179)
254 REPEALS:
255 17A-2-1301, as renumbered and amended by Laws of Utah 1990, Chapter 186
256 17A-2-1302, as last amended by Laws of Utah 2003, Chapter 292
257 17A-2-1303, as renumbered and amended by Laws of Utah 1990, Chapter 186
258 17A-2-1304, as last amended by Laws of Utah 2007, Chapters 183 and 203
259 17A-2-1305, as renumbered and amended by Laws of Utah 1990, Chapter 186
260 17A-2-1306, as renumbered and amended by Laws of Utah 1990, Chapter 186
261 17A-2-1307, as renumbered and amended by Laws of Utah 1990, Chapter 186
262 17A-2-1308, as last amended by Laws of Utah 2003, Chapter 292
263 17A-2-1309, as renumbered and amended by Laws of Utah 1990, Chapter 186
264 17A-2-1310, as renumbered and amended by Laws of Utah 1990, Chapter 186
265 17A-2-1311, as last amended by Laws of Utah 2005, Chapter 233
266 17A-2-1312, as last amended by Laws of Utah 2005, Chapter 105
267 17A-2-1313, as last amended by Laws of Utah 2005, Chapter 233
268 17A-2-1314, as last amended by Laws of Utah 2007, Chapter 329
269 17A-2-1315, as last amended by Laws of Utah 2007, Chapter 329
270 17A-2-1316, as last amended by Laws of Utah 2005, Chapter 105
271 17A-2-1317, as renumbered and amended by Laws of Utah 1990, Chapter 186
272 17A-2-1318, as last amended by Laws of Utah 2005, Chapter 148
273 17A-2-1319, as renumbered and amended by Laws of Utah 1990, Chapter 186

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- 10 - 274 17A-2-1320, as last amended by Laws of Utah 2001, Chapter 195
275 17A-2-1321, as last amended by Laws of Utah 2004, Chapter 316
276 17A-2-1322, as last amended by Laws of Utah 2005, Chapters 105 and 260
277 17A-2-1323, as renumbered and amended by Laws of Utah 1990, Chapter 186
278 17A-2-1324, as renumbered and amended by Laws of Utah 1990, Chapter 186
279 17A-2-1325, as renumbered and amended by Laws of Utah 1990, Chapter 186
280 17A-2-1326, as last amended by Laws of Utah 2007, Chapters 203 and 329
281 17A-2-1327, as last amended by Laws of Utah 2005, Chapter 233
282 17A-2-1328, as renumbered and amended by Laws of Utah 1990, Chapter 186
283 17A-2-1329, as last amended by Laws of Utah 2005, Chapter 233
284 17A-2-1330, as last amended by Laws of Utah 2007, Chapter 329
285 17A-2-1331, as renumbered and amended by Laws of Utah 1990, Chapter 186
286 17A-2-1332, as renumbered and amended by Laws of Utah 1990, Chapter 186
287 17A-3-401, as renumbered and amended by Laws of Utah 1990, Chapter 186
288 17A-3-402, as renumbered and amended by Laws of Utah 1990, Chapter 186
289 17A-3-403, as renumbered and amended by Laws of Utah 1990, Chapter 186
290 17A-3-404, as renumbered and amended by Laws of Utah 1990, Chapter 186
291 17A-3-405, as renumbered and amended by Laws of Utah 1990, Chapter 186
292 17A-3-406, as renumbered and amended by Laws of Utah 1990, Chapter 186
293 17A-3-407, as last amended by Laws of Utah 2003, Chapter 292
294 17A-3-408, as renumbered and amended by Laws of Utah 1990, Chapter 186
295 17A-3-409, as renumbered and amended by Laws of Utah 1990, Chapter 186
296 17A-3-410, as renumbered and amended by Laws of Utah 1990, Chapter 186
297 17A-3-411, as renumbered and amended by Laws of Utah 1990, Chapter 186
298 17A-3-412, as last amended by Laws of Utah 2000, Chapter 1
299 17A-3-413, as renumbered and amended by Laws of Utah 1990, Chapter 186
300 17A-3-414, as renumbered and amended by Laws of Utah 1990, Chapter 186
301 17A-3-801, as renumbered and amended by Laws of Utah 1990, Chapter 186
302 17A-3-802, as renumbered and amended by Laws of Utah 1990, Chapter 186
303 17A-3-803, as renumbered and amended by Laws of Utah 1990, Chapter 186
304 17A-3-804, as last amended by Laws of Utah 1997, Chapter 180

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- 11 - 305 17A-3-805, as last amended by Laws of Utah 2005, Chapter 39
306 17A-3-806, as renumbered and amended by Laws of Utah 1990, Chapter 186
307 17A-3-807, as renumbered and amended by Laws of Utah 1990, Chapter 186
308 17A-3-1201, as last amended by Laws of Utah 1993, Chapter 227
309 17A-3-1202, as renumbered and amended by Laws of Utah 1990, Chapter 186
310 17A-3-1203, as last amended by Laws of Utah 1993, Chapter 227
311 17A-3-1204, as last amended by Laws of Utah 1994, Chapter 146
312 17A-3-1205, as renumbered and amended by Laws of Utah 1990, Chapter 186
313 17A-3-1206, as last amended by Laws of Utah 1993, Chapter 227
314 17A-3-1301, as renumbered and amended by Laws of Utah 1990, Chapter 186
315 17A-3-1302, as renumbered and amended by Laws of Utah 1990, Chapter 186
316 17A-3-1303, as renumbered and amended by Laws of Utah 1990, Chapter 186
317 17A-3-1304, as renumbered and amended by Laws of Utah 1990, Chapter 186
318 17A-3-1305, as renumbered and amended by Laws of Utah 1990, Chapter 186
319 17A-3-1306, as renumbered and amended by Laws of Utah 1990, Chapter 186
320
321 Be it enacted by the Legislature of the state of Utah:
322 Section 1. Section 4-18-3 is amended to read:
323 4-18-3. Definitions.
324 As used in this chapter:
325 (1) "Alternate" means a substitute for a district supervisor if the district supervisor
326 cannot attend a meeting.
327 (2) (a) "Animal feeding operation" means a facility where animals, other than aquatic
328 animals, are stabled or confined and fed or maintained for a total of 45 days or more in any
329 12-month period.
330 (b) "Animal feeding operation" does not include an operation where animals are in
331 areas such as pastures or rangeland that sustain crops or forage growth during the entire time
332 the animals are present.
333 (3) "Commission" means the Conservation Commission created in Section 4-18-4 .
334 (4) "Comprehensive nutrient management plan" means a plan that identifies actions or
335 priorities that will be followed to meet clearly defined nutrient management goals at an animal

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- 12 - 336 feeding operation.
337 (5) "District" or " conservation district" [means a governmental subdivision of this
338 state organized under Title 17A, Chapter 3, Part 8, Conservation Districts] has the same
339 meaning as "conservation district" as defined in Section 17D-3-102 .
340 Section 2. Section 4-18-5 is amended to read:
341 4-18-5. Conservation commission -- Functions and duties.
342 (1) The commission shall:
343 (a) facilitate the development and implementation of the strategies and programs
344 necessary to protect, conserve, utilize, and develop the soil and water resources of the state;
345 (b) disseminate information regarding districts' activities and programs;
346 (c) supervise the formation, reorganization, or dissolution of districts according to the
347 requirements of Title [17A] 17D, Chapter 3, [Part 8,] Conservation [Districts] District Act;
348 (d) prescribe uniform accounting and recordkeeping procedures for districts and
349 require each district to submit annually an audit of its funds to the commission;
350 (e) approve and make loans for agricultural purposes, from the Agriculture Resource
351 Development Fund for:
352 (i) nonfederal rangeland improvement and management projects;
353 (ii) watershed protection and flood prevention projects;
354 (iii) agricultural cropland soil and water conservation projects; and
355 (iv) programs designed to promote energy efficient farming practices;
356 (f) administer federal or state funds in accordance with applicable federal or state
357 guidelines and make loans or grants from those funds to land occupiers for the conservation of
358 soil or water resources;
359 (g) seek to coordinate soil and water protection, conservation, and development
360 activities and programs of state agencies, local governmental units, other states, special interest
361 groups, and federal agencies; and
362 (h) plan watershed and flood control projects in cooperation with appropriate local,
363 state, and federal authorities and coordinate flood control projects in the state.
364 (2) The commission may:
365 (a) employ, with the approval of the department, an administrator and necessary
366 technical experts and employees;

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- 13 - 367 (b) execute contracts or other instruments necessary to exercise its powers;
368 (c) sue and be sued; and
369 (d) adopt rules, in accordance with Title 63, Chapter 46a, Utah Administrative
370 Rulemaking Act, necessary to carry out the powers and duties specified in Subsections (1)(d),
371 (e), (f), and (2)(b).
372 Section 3. Section 4-20-1.5 is amended to read:
373 4-20-1.5. State Grazing Advisory Board -- Duties.
374 (1) (a) There is created within the department the State Grazing Advisory Board.
375 (b) The commissioner shall appoint the following members:
376 (i) one member from each regional board;
377 (ii) one member from the Conservation Commission created in Section 4-18-4 ;
378 (iii) one representative of the Department of Natural Resources;
379 (iv) two livestock producers at-large; and
380 (v) one representative of the oil, gas, or mining industry.
381 (2) The term of office for a state board member is four years.
382 (3) Members of the state board shall elect a chair, who shall serve for two years.
383 (4) (a) (i) A member who is not a government employee may not receive compensation
384 or benefits for the member's service, but may receive per diem and expenses incurred in the
385 performance of the member's official duties at the rates established by the Division of Finance
386 under Sections 63A-3-106 and 63A-3-107 .
387 (ii) A member may decline to receive per diem and expenses for the member's service.
388 (b) (i) A state government officer and employee member who does not receive salary,
389 per diem, or expenses from the agency the member represents for the member's service may
390 receive per diem and expenses incurred in the performance of the member's official duties at
391 the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
392 (ii) A state government officer and employee member may decline to receive per diem
393 and expenses for the member's service.
394 (c) (i) A local government member who does not receive salary, per diem, or expenses
395 from the entity that the member represents for the member's service may receive per diem and
396 expenses incurred in the performance of the member's official duties at the rates established by
397 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .

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- 14 - 398 (ii) A local government member may decline to receive per diem and expenses for the
399 member's service.
400 (5) The state board shall:
401 (a) receive:
402 (i) advice and recommendations from a regional board concerning:
403 (A) management plans for public lands, state lands, and school and institutional trust
404 lands as defined in Section 53C-1-103 , within the regional board's region; and
405 (B) any issue that impacts grazing on private lands, public lands, state lands, or school
406 and institutional trust lands as defined in Section 53C-1-103 , in its region; and
407 (ii) requests for fund monies from the entities described in Subsections (5)(c)(i)
408 through (iv);
409 (b) recommend state policy positions and cooperative agency participation in federal
410 and state land management plans to the department and to the Public Lands Policy
411 Coordinating Office created under Section 63-38d-602 ; and
412 (c) advise the department on the requests and recommendations of:
413 (i) regional boards;
414 (ii) county weed control boards created under Section 4-17-4 ;
415 (iii) cooperative weed management associations; and
416 (iv) conservation districts created under the authority of Title [17A] 17D, Chapter 3,
417 [Part 8,] Conservation [Districts] District Act.
418 Section 4. Section 10-2-101 is amended to read:
419 10-2-101. Definitions.
420 (1) As used in this part:
421 (a) "Commission" means a boundary commission established under Section 10-2-409
422 for the county in which the property that is proposed to be incorporated is located.
423 (b) "Feasibility consultant" means a person or firm with expertise in the processes and
424 economics of local government.
425 (c) "Private," with respect to real property, means not owned by the United States or
426 any agency of the federal government, the state, a county, a municipality, a school district, a
427 local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, a
428 special service district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service

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- 15 - 429 District Act, or any other political subdivision or governmental entity of the state.
430 (2) For purposes of this part:
431 (a) the owner of real property shall be the record title owner according to the records of
432 the county recorder on the date of the filing of the request or petition; and
433 (b) the value of private real property shall be determined according to the last
434 assessment roll for county taxes before the filing of the request or petition.
435 (3) For purposes of each provision of this part that requires the owners of private real
436 property covering a percentage or fraction of the total private land area within an area to sign a
437 request or petition:
438 (a) a parcel of real property may not be included in the calculation of the required
439 percentage or fraction unless the request or petition is signed by:
440 (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
441 ownership interest in that parcel; or
442 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
443 of owners of that parcel;
444 (b) the signature of a person signing a request or petition in a representative capacity on
445 behalf of an owner is invalid unless:
446 (i) the person's representative capacity and the name of the owner the person represents
447 are indicated on the request or petition with the person's signature; and
448 (ii) the person provides documentation accompanying the request or petition that
449 substantiates the person's representative capacity; and
450 (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
451 request or petition on behalf of a deceased owner.
452 Section 5. Section 10-2-401 is amended to read:
453 10-2-401. Definitions -- Property owner provisions.
454 (1) As used in this part:
455 (a) "Affected entity" means:
456 (i) a county in whose unincorporated area the area proposed for annexation is located;
457 (ii) a local district under Title 17B, Limited Purpose Local Government Entities - Local
458 Districts, or special service district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special
459 Service District Act, whose boundaries include any part of an area proposed for annexation;

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- 16 - 460 (iii) a school district whose boundaries include any part of an area proposed for
461 annexation; and
462 (iv) a municipality whose boundaries are within 1/2 mile of an area proposed for
463 annexation.
464 (b) "Annexation petition" means a petition under Section 10-2-403 proposing the
465 annexation to a municipality of a contiguous, unincorporated area that is contiguous to the
466 municipality.
467 (c) "Commission" means a boundary commission established under Section 10-2-409
468 for the county in which the property that is proposed for annexation is located.
469 (d) "Expansion area" means the unincorporated area that is identified in an annexation
470 policy plan under Section 10-2-401.5 as the area that the municipality anticipates annexing in
471 the future.
472 (e) "Feasibility consultant" means a person or firm with expertise in the processes and
473 economics of local government.
474 (f) "Municipal selection committee" means a committee in each county composed of
475 the mayor of each municipality within that county.
476 (g) "Private," with respect to real property, means not owned by the United States or
477 any agency of the federal government, the state, a county, a municipality, a school district, a
478 local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, a
479 special service district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service
480 District Act, or any other political subdivision or governmental entity of the state.
481 (h) "Specified county" means a county of the second, third, fourth, fifth, or sixth class.
482 (i) "Urban development" means:
483 (i) a housing development with more than 15 residential units and an average density
484 greater than one residential unit per acre; or
485 (ii) a commercial or industrial development for which cost projections exceed
486 $750,000 for all phases.
487 (2) For purposes of this part:
488 (a) the owner of real property shall be the record title owner according to the records of
489 the county recorder on the date of the filing of the petition or protest; and
490 (b) the value of private real property shall be determined according to the last

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492 (3) For purposes of each provision of this part that requires the owners of private real
493 property covering a percentage or majority of the total private land area within an area to sign a
494 petition or protest:
495 (a) a parcel of real property may not be included in the calculation of the required
496 percentage or majority unless the petition or protest is signed by:
497 (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
498 ownership interest in that parcel; or
499 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
500 of owners of that parcel;
501 (b) the signature of a person signing a petition or protest in a representative capacity on
502 behalf of an owner is invalid unless:
503 (i) the person's representative capacity and the name of the owner the person represents
504 are indicated on the petition or protest with the person's signature; and
505 (ii) the person provides documentation accompanying the petition or protest that
506 substantiates the person's representative capacity; and
507 (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
508 petition or protest on behalf of a deceased owner.
509 Section 6. Section 10-2-428 is amended to read:
510 10-2-428. Neither annexation nor boundary adjustment has an effect on the
511 boundaries of most local districts or special service districts.
512 Except as provided in Section 17B-1-416 and Subsection 17B-1-502 (2), the annexation
513 of an unincorporated area by a municipality or the adjustment of a boundary shared by
514 municipalities does not affect the boundaries of a local district under Title 17B, Limited
515 Purpose Local Government Entities - Local Districts, or a special service district under Title
516 [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service District Act.
517 Section 7. Section 10-8-85.9 is enacted to read:
518 CHAPTER 8. POWERS AND DUTIES OF MUNICIPALITIES
519 10-8-85.9. Preservation of historical areas and sites.
520 A municipality may:
521 (1) expend public funds to preserve, protect, or enhance an historical area or site;

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(2) acquire an historical area or site by direct purchase, contract, lease, trade, or gift;
523 (3) obtain an easement or right-of-way across public or private property to S. [ insure ]
523a ensure .S
524 access or proper development of an historical area or site;
525 (4) protect an historical area or site;
526 (5) ensure proper development and utilization of land or an area adjacent to an
527 historical area or site; and
528 (6) enter into an agreement with a private individual for the right to purchase an
529 historical area or site if and when the private individual elects to sell or dispose of the owner's
530 property.
531 Section 8. Section 10-9a-103 is amended to read:
532 10-9a-103. Definitions.
533 As used in this chapter:
534 (1) "Affected entity" means a county, municipality, local district, special service
535 district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service District Act,
536 school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal
537 Cooperation Act, specified public utility, a property owner, a property owners association, or
538 the Utah Department of Transportation, if:
539 (a) the entity's services or facilities are likely to require expansion or significant
540 modification because of an intended use of land;
541 (b) the entity has filed with the municipality a copy of the entity's general or long-range
542 plan; or
543 (c) the entity has filed with the municipality a request for notice during the same
544 calendar year and before the municipality provides notice to an affected entity in compliance
545 with a requirement imposed under this chapter.
546 (2) "Appeal authority" means the person, board, commission, agency, or other body
547 designated by ordinance to decide an appeal of a decision of a land use application or a
548 variance.
549 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
550 residential property if the sign is designed or intended to direct attention to a business, product,
551 or service that is not sold, offered, or existing on the property where the sign is located.
552 (4) "Charter school" includes:

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554 (b) a charter school applicant that has its application approved by a chartering entity in
555 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
556 (c) an entity who is working on behalf of a charter school or approved charter applicant
557 to develop or construct a charter school building.
558 (5) "Chief executive officer" means the:
559 (a) mayor in municipalities operating under all forms of municipal government except
560 the council-manager form; or
561 (b) city manager in municipalities operating under the council-manager form of
562 municipal government.
563 (6) "Conditional use" means a land use that, because of its unique characteristics or
564 potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
565 compatible in some areas or may be compatible only if certain conditions are required that
566 mitigate or eliminate the detrimental impacts.
567 (7) "Constitutional taking" means a governmental action that results in a taking of
568 private property so that compensation to the owner of the property is required by the:
569 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
570 (b) Utah Constitution Article I, Section 22.
571 (8) "Culinary water authority" means the department, agency, or public entity with
572 responsibility to review and approve the feasibility of the culinary water system and sources for
573 the subject property.
574 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
575 or more of a person's major life activities, including a person having a record of such an
576 impairment or being regarded as having such an impairment.
577 (b) "Disability" does not include current illegal use of, or addiction to, any federally
578 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
579 802.
580 (10) "Elderly person" means a person who is 60 years old or older, who desires or
581 needs to live with other elderly persons in a group setting, but who is capable of living
582 independently.
583 (11) "Fire authority" means the department, agency, or public entity with responsibility

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585 property.
586 (12) "General plan" means a document that a municipality adopts that sets forth general
587 guidelines for proposed future development of the land within the municipality.
588 (13) "Identical plans" means building plans submitted to a municipality that are
589 substantially identical to building plans that were previously submitted to and reviewed and
590 approved by the municipality and describe a building that is:
591 (a) located on land zoned the same as the land on which the building described in the
592 previously approved plans is located; and
593 (b) subject to the same geological and meteorological conditions and the same law as
594 the building described in the previously approved plans.
595 (14) "Land use application" means an application required by a municipality's land use
596 ordinance.
597 (15) "Land use authority" means a person, board, commission, agency, or other body
598 designated by the local legislative body to act upon a land use application.
599 (16) "Land use ordinance" means a planning, zoning, development, or subdivision
600 ordinance of the municipality, but does not include the general plan.
601 (17) "Land use permit" means a permit issued by a land use authority.
602 (18) "Legislative body" means the municipal council.
603 (19) "Local district" means an entity under Title 17B, Limited Purpose Local
604 Government Entities - Local Districts, and any other governmental or quasi-governmental
605 entity that is not a county, municipality, school district, or unit of the state.
606 (20) "Lot line adjustment" means the relocation of the property boundary line in a
607 subdivision between two adjoining lots with the consent of the owners of record.
608 (21) "Moderate income housing" means housing occupied or reserved for occupancy
609 by households with a gross household income equal to or less than 80% of the median gross
610 income for households of the same size in the county in which the city is located.
611 (22) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
612 spent and expenses incurred in:
613 (a) verifying that building plans are identical plans; and
614 (b) reviewing and approving those minor aspects of identical plans that differ from the

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616 (23) "Noncomplying structure" means a structure that:
617 (a) legally existed before its current land use designation; and
618 (b) because of one or more subsequent land use ordinance changes, does not conform
619 to the setback, height restrictions, or other regulations, excluding those regulations, which
620 govern the use of land.
621 (24) "Nonconforming use" means a use of land that:
622 (a) legally existed before its current land use designation;
623 (b) has been maintained continuously since the time the land use ordinance governing
624 the land changed; and
625 (c) because of one or more subsequent land use ordinance changes, does not conform
626 to the regulations that now govern the use of the land.
627 (25) "Official map" means a map drawn by municipal authorities and recorded in a
628 county recorder's office that:
629 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
630 highways and other transportation facilities;
631 (b) provides a basis for restricting development in designated rights-of-way or between
632 designated setbacks to allow the government authorities time to purchase or otherwise reserve
633 the land; and
634 (c) has been adopted as an element of the municipality's general plan.
635 (26) "Person" means an individual, corporation, partnership, organization, association,
636 trust, governmental agency, or any other legal entity.
637 (27) "Plan for moderate income housing" means a written document adopted by a city
638 legislative body that includes:
639 (a) an estimate of the existing supply of moderate income housing located within the
640 city;
641 (b) an estimate of the need for moderate income housing in the city for the next five
642 years as revised biennially;
643 (c) a survey of total residential land use;
644 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
645 income housing; and

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647 income housing.
648 (28) "Plat" means a map or other graphical representation of lands being laid out and
649 prepared in accordance with Section 10-9a-603 , 17-23-17 , or 57-8-13 .
650 (29) "Public hearing" means a hearing at which members of the public are provided a
651 reasonable opportunity to comment on the subject of the hearing.
652 (30) "Public meeting" means a meeting that is required to be open to the public under
653 Title 52, Chapter 4, Open and Public Meetings Act.
654 (31) "Record of survey map" means a map of a survey of land prepared in accordance
655 with Section 17-23-17 .
656 (32) "Receiving zone" means an area of a municipality that the municipality's land use
657 authority designates as an area in which an owner of land may receive transferrable
658 development rights.
659 (33) "Residential facility for elderly persons" means a single-family or multiple-family
660 dwelling unit that meets the requirements of Section 10-9a-516 , but does not include a health
661 care facility as defined by Section 26-21-2 .
662 (34) "Residential facility for persons with a disability" means a residence:
663 (a) in which more than one person with a disability resides; and
664 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
665 Chapter 2, Licensure of Programs and Facilities; or
666 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
667 Health Care Facility Licensing and Inspection Act.
668 (35) "Sanitary sewer authority" means the department, agency, or public entity with
669 responsibility to review and approve the feasibility of sanitary sewer services or onsite
670 wastewater systems.
671 (36) "Sending zone" means an area of a municipality that the municipality's land use
672 authority designates as an area from which an owner of land may transfer transferrable
673 development rights to an owner of land in a receiving zone.
674 (37) "Specified public utility" means an electrical corporation, gas corporation, or
675 telephone corporation, as those terms are defined in Section 54-2-1 .
676 (38) "Street" means a public right-of-way, including a highway, avenue, boulevard,

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- 23 - 677 parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
678 way.
679 (39) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
680 divided into two or more lots, parcels, sites, units, plots, or other division of land for the
681 purpose, whether immediate or future, for offer, sale, lease, or development either on the
682 installment plan or upon any and all other plans, terms, and conditions.
683 (b) "Subdivision" includes:
684 (i) the division or development of land whether by deed, metes and bounds description,
685 devise and testacy, map, plat, or other recorded instrument; and
686 (ii) except as provided in Subsection (39)(c), divisions of land for residential and
687 nonresidential uses, including land used or to be used for commercial, agricultural, and
688 industrial purposes.
689 (c) "Subdivision" does not include:
690 (i) a bona fide division or partition of agricultural land for the purpose of joining one of
691 the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
692 neither the resulting combined parcel nor the parcel remaining from the division or partition
693 violates an applicable land use ordinance;
694 (ii) a recorded agreement between owners of adjoining unsubdivided properties
695 adjusting their mutual boundary if:
696 (A) no new lot is created; and
697 (B) the adjustment does not violate applicable land use ordinances;
698 (iii) a recorded document, executed by the owner of record:
699 (A) revising the legal description of more than one contiguous unsubdivided parcel of
700 property into one legal description encompassing all such parcels of property; or
701 (B) joining a subdivided parcel of property to another parcel of property that has not
702 been subdivided, if the joinder does not violate applicable land use ordinances; or
703 (iv) a recorded agreement between owners of adjoining subdivided properties adjusting
704 their mutual boundary if:
705 (A) no new dwelling lot or housing unit will result from the adjustment; and
706 (B) the adjustment will not violate any applicable land use ordinance.
707 (d) The joining of a subdivided parcel of property to another parcel of property that has

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709 unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
710 subdivision ordinance.
711 (40) "Transferrable development right" means the entitlement to develop land within a
712 sending zone that would vest according to the municipality's existing land use ordinances on
713 the date that a completed land use application is filed seeking the approval of development
714 activity on the land.
715 (41) "Unincorporated" means the area outside of the incorporated area of a city or
716 town.
717 (42) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
718 land use zones, overlays, or districts.
719 Section 9. Section 10-15-4 is amended to read:
720 10-15-4. Powers of legislative body of municipality.
721 The legislative body of the municipalities of this state shall have the power:
722 (1) to establish pedestrian malls;
723 (2) to prohibit, in whole or in part, vehicular traffic on a pedestrian mall;
724 (3) to pay from the general funds of the municipality, or from other available money, or
725 from the proceeds of assessments levied on land benefited by the establishment of a pedestrian
726 mall, the damages, if any, allowed or awarded to any property owner by reason of the
727 establishment of the pedestrian mall;
728 (4) to acquire, construct, and maintain on the municipality's streets which are
729 established as a pedestrian mall, improvements of any kind or nature necessary or convenient
730 to the operation of such streets as a pedestrian mall, included but not limited to paving,
731 sidewalks, curbs, gutters, sewers, drainage works, lighting facilities, fire protection facilities,
732 flood protection facilities, water distribution facilities, vehicular parking areas, retaining walls,
733 landscaping, tree planting, statuaries, fountains, decorative structures, benches, rest rooms,
734 child care facilities, display facilities, information booths, public assembly facilities, and other
735 structures, works or improvements necessary or convenient to serve members of the public
736 using such pedestrian malls, including the reconstruction or relocation of existing municipally
737 owned works, improvements, or facilities on such municipal streets; which foregoing changes
738 or any portions thereof, are referred to in this act as "improvements";

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(5) to pay from the general funds of the municipality or other available moneys, or
740 from the proceeds of assessments levied on property benefited by any such improvements, or
741 from the proceeds of special improvement warrants or bonds, the whole or any portion of the
742 costs of acquisition, construction, and maintenance of such improvements in accordance with
743 the provisions of Title [17A] 11, Chapter [3, Part 3, Utah Municipal Improvement District] 42,
744 Assessment Area Act, relating to special improvement assessments; and
745 (6) to do any and all other acts or things necessary or convenient for the
746 accomplishment of the purposes of this S. [ act ] chapter .S .
747 Section 10. Section 10-15-6 is amended to read:
748 10-15-6. Public hearing -- Finance requirements.
749 The designation of any street as a "mall" shall be by ordinance passed and published
750 after full investigation and ample public hearing into the necessity and advisability of the
751 creation of a mall. The ordinance shall designate the manner in which the project is to be
752 financed, and, if financed by levy of special taxes or special improvement warrants or bonds,
753 shall be in accordance with the provisions of Title [17A] 11, Chapter [3, Part 3, Utah
754 Municipal Improvement District] 42, Assessment Area Act.
755 Section 11. Section 11-14-102 is amended to read:
756 11-14-102. Definitions.
757 For the purpose of this chapter:
758 (1) "Bond" means any bond authorized to be issued under this chapter, including
759 municipal bonds.
760 (2) "Election results" has the same meaning as defined in Section 20A-1-102 .
761 (3) "Governing body" means:
762 (a) for a county, city, or town, the legislative body of the county, city, or town;
763 (b) for a local district, the board of trustees of the local district;
764 (c) for a school district, the local board of education; or
765 (d) for a special service district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1,
766 Special Service District Act:
767 (i) the governing body of the county or municipality that created the special service
768 district, if no administrative control board has been established under Section [ 17A-2-1326 ]
769 17D-1-301 ; or

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771 [ 17A-2-1326 ] 17D-1-301 and the power to issue bonds not payable from taxes has been
772 delegated to the administrative control board.
773 (4) "Local district" means a district operating under Title 17B, Limited Purpose Local
774 Government Entities - Local Districts.
775 (5) (a) "Local political subdivision" means a county, city, town, school district, local
776 district, or special service district.
777 (b) "Local political subdivision" does not include the state and its institutions.
778 Section 12. Section 11-17-3 is amended to read:
779 11-17-3. Powers of municipalities, counties, and state universities.
780 (1) Each municipality, county, and state university may:
781 (a) finance or acquire, whether by construction, purchase, devise, gift, exchange, or
782 lease, or any one or more of those methods, and construct, reconstruct, improve, maintain,
783 equip, and furnish or fund one or more projects, which shall be located within this state, and
784 which shall be located within, or partially within, the municipality or county or within the
785 county within which a state university is located, unless an agreement under the Interlocal
786 Cooperation Act has been entered into as authorized by Subsection (5), except that if a
787 governing body finds, by resolution, that the effects of international trade practices have been
788 or will be adverse to Utah manufacturers of industrial products and, therefore, it is desirable to
789 finance a project in order to maintain or enlarge domestic or foreign markets for Utah industrial
790 products, a project may consist of the financing on behalf of a user of the costs of acquiring
791 industrial products manufactured in, and which are to be exported from, the state;
792 (b) finance for, sell, lease, contract the management of, or otherwise dispose of to, any
793 person, firm, partnership, or corporation, either public or private, including without limitation
794 any person, firm, partnership, or corporation engaged in business for a profit, any or all of its
795 projects upon the terms and conditions as the governing body considers advisable and which do
796 not conflict with this chapter;
797 (c) issue revenue bonds for the purpose of defraying the cost of financing, acquiring,
798 constructing, reconstructing, improving, maintaining, equipping, furnishing, or funding any
799 project and secure the payment of the bonds as provided in this chapter, which revenue bonds
800 may be issued in one or more series or issues where considered advisable, and each series or

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issue may contain different maturity dates, interest rates, priorities on securities available for
802 guaranteeing payment of them, and other differing terms and conditions considered necessary
803 and not in conflict with this chapter;
804 (d) (i) grant options to renew any lease with respect to any project and to buy any
805 project at a price the governing body considers desirable; and
806 (ii) sell and convey any real or personal property acquired under Subsection (1)(a) at
807 public or private sale, and make an order respecting the sale considered conducive to the best
808 interests of the municipality, county, or state university, the sale or conveyance to be subject to
809 the terms of any lease but to be free and clear of any other encumbrance;
810 (e) establish, acquire, develop, maintain, and operate industrial parks; and
811 (f) offer to the holders of its bonds issued pursuant to this chapter the right, where its
812 governing body considers it appropriate, to convert the bonds or some portion of the bond
813 obligation into an equity position in some or all of the assets developed with the proceeds of
814 the bond offering.
815 (2) An economic development or new venture investment fund shall be considered to
816 be located in the municipality or county where its headquarters is located or where any office of
817 it is located, as long as it is headquartered within the state. It need not make all of its
818 investments within the state S. [ of Utah ] .S or such county or municipality, so long as it locates within
819 the state S. [ of Utah ] .S or such county or municipality its headquarters where its actual investment
820 decisions and management functions occur and agrees to, and does, limit the aggregate amount
821 of its investments in companies located outside the state S. [ of Utah ] .S to an amount which in the
822 aggregate does not exceed the aggregate amount of investments made by institutions and funds
823 located outside the state S. [ of Utah ] .S in companies headquartered in Utah which the locally
824 managed fund has sponsored or in which it has invested and which it has brought to the
825 attention of investors outside the state S. [ of Utah ] .S . For purposes of enabling an offering of bonds
826 to fund such a fund, a certification of an executive managerial officer of the manager of said
827 fund of the intention to comply with this provision may be relied upon. Each fund shall at least
828 annually certify to the governmental offeror of such bonds its compliance with this provision.
829 (3) Before any municipality, county, or state university issues revenue bonds under this
830 chapter for the purpose of defraying the cost of acquiring, constructing, reconstructing,
831 improving, maintaining, equipping, or furnishing any industrial park project, the governing

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833 development for the tracts of land to constitute the industrial park and shall, by resolution, find
834 that the project for the establishment of the industrial park is well conceived and has a
835 reasonable prospect of success, that the project will tend to provide proper economic
836 development of the municipality or county and will encourage industry to locate within or near
837 the municipality or county or, in the case of state universities, will further, through industrial
838 research and development, the instructional progress of the state university. There may be
839 included as a part of any plan of development for any industrial park zoning regulations,
840 restrictions on usage of sites within the boundaries of the industrial park, minimum size of
841 sites, parking and loading regulations, and methods for the providing and furnishing of police
842 and fire protection and for the furnishing of other municipal or county services which are
843 considered necessary in order to provide for the maintenance of the public health and safety. If
844 any water or sewerage facilities are to be acquired as part of the development of the land for an
845 industrial park under this chapter, water and sewerage facilities may be acquired as part of the
846 issue of bonds issued under this chapter, through the issuance of bonds payable from water and
847 sewer charges in the manner as is now or as may hereafter be provided by law, in combination
848 with an issue of refunding bonds, in combination with an issue of bonds upon the consent of
849 the holders of outstanding bonds issued for the same purpose, in combination with bonds
850 issued for the purposes of financing water and sewer facilities which will not be a part of an
851 industrial park, or in any combination of the foregoing. Any municipality, county, or state
852 university establishing an industrial park may lease any land acquired and developed as part of
853 an industrial park to one or more lessees. The lessee may sublease all or a portion of the land
854 so leased from the municipality or county. Municipalities, counties, and state universities may
855 sell or lease land in connection with the establishment, acquisition, development, maintenance,
856 and operation of an industrial park project. Any such lease or sale of land shall be undertaken
857 only after the adoption by the governing body of a resolution authorizing the lease or sale of the
858 land for industrial park purposes.
859 (4) (a) No municipality, county, or state university may operate any project referred to
860 in this section, as a business or in any other manner except as the lessor or administrator of it,
861 nor may it acquire any such project, or any part of it, by condemnation. This prohibition does
862 not apply to projects involving research conducted, administered, or managed by a state

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864 (b) No municipality, county, or state university may, under this chapter, acquire or
865 lease projects, or issue revenue bonds for the purpose of defraying the cost of any project or
866 part of it, used for the generation, transmission, or distribution of electric energy beyond the
867 project site, or the production, transmission, or distribution of natural gas, except for any
868 project defined in Subsection 11-17-2 (8)(b) or (d).
869 (5) Each municipality, county, and state university may enter, either before or after the
870 bonds have been issued, into interlocal agreements under Title 11, Chapter 13, Interlocal
871 Cooperation Act, with one or more municipalities, counties, state universities, or special
872 service districts created pursuant to Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special
873 Service District Act, in order to accomplish economies of scale or other cost savings and any
874 other additional purposes to be specified in the interlocal agreement, for the issuance of bonds
875 under this chapter on behalf of all of the signatories to the interlocal agreement by one of the
876 municipalities, counties, or state universities which is a signatory to the interlocal agreement
877 for the financing or acquisition of projects qualifying as a project under Subsection 11-17-2 (8).
878 For all purposes of Section 11-13-207 the signatory to the interlocal agreement designated as
879 the issuer of the bonds constitutes the administrator of the interlocal agreement.
880 (6) Subsection (4) to the contrary notwithstanding, the governing body of any state
881 university owning or desiring to own facilities or administer projects described in Subsection
882 11-17-2 (8) may:
883 (a) become a signatory to the interlocal agreement provided for in Subsection (5);
884 (b) enter into a separate security agreement with the issuer of the bonds, as provided in
885 Section 11-17-5 for the financing or acquisition of a project under Subsection 11-17-2 (8) to be
886 owned by the state university;
887 (c) enter into agreements to secure the obligations of the state university under a
888 security agreement entered into under Subsection (6)(b), or to provide liquidity for such
889 obligations including, without limitation, letter of credit agreements with banking institutions
890 for letters of credit or for standby letters of credit, reimbursement agreements with financial
891 institutions, line of credit agreements, standby bond purchase agreements, and to provide for
892 payment of fees, charges, and other amounts coming due under the agreements entered into
893 under the authority contained in this Subsection (6)(c);

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- 30 - 894 (d) provide in security agreements entered into under Subsection (6)(b) and in
895 agreements entered into under Subsection (6)(c) that the obligations of the state university
896 under an agreement shall be special obligations payable solely from the revenues derived from
897 the operation or management of the project, owned by the state university and from net profits
898 from proprietary activities and any other revenues pledged other than appropriations by the
899 Utah Legislature, and the governing body of the state university shall pledge all or any part of
900 such revenues to the payment of its obligations under an agreement; and
901 (e) in order to secure the prompt payment of the obligations of the state university
902 under a security agreement entered into under Subsection (6)(b) or an agreement entered into
903 under Subsection (6)(c) and the proper application of the revenues pledged to them, covenant
904 and provide appropriate provisions in an agreement to the extent permitted and provided for
905 under Section 53B-21-102 .
906 (7) Subsection (4) to the contrary notwithstanding, the governing body of any
907 municipality, county, or special service district owning, desiring to own, or administering
908 projects or facilities described in Subsection 11-17-2 (8) may:
909 (a) become a signatory to the interlocal agreement provided for in Subsection (5);
910 (b) enter into a separate security agreement with the issuer of the bonds, as provided in
911 Section 11-17-5 , for the financing or acquisition of a project under Subsection 11-17-2 (8) to be
912 owned by the municipality, county, or special service district, as the case may be, except that
913 no municipality, county, or special service district may mortgage the facilities so financed or
914 acquired;
915 (c) enter into agreements to secure the obligations of the municipality, county, or
916 special service district, as the case may be, under a security agreement entered into under
917 Subsection (7)(b), or to provide liquidity for such obligations including, without limitation,
918 letter of credit agreements with banking institutions for letters of credit or for standby letters of
919 credit, reimbursement agreements with financial institutions, line of credit agreements, standby
920 bond purchase agreements, and to provide for payment of fees, charges, and other amounts
921 coming due under the agreements entered into under the authority contained in this Subsection
922 (7)(c);
923 (d) provide in security agreements entered into under Subsection (7)(b) and in
924 agreements entered into under Subsection (7)(c) that the obligations of the municipality,

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- 31 - 925 county, or special service district, as the case may be, under an agreement shall be special
926 obligations payable solely from the revenues derived from the operation or management of the
927 project, owned by the municipality, county, or special service district, as the case may be, and
928 the governing body of the municipality, county, or special service district, as the case may be,
929 shall pledge all or any part of such revenues to the payment of its obligations under an
930 agreement; and
931 (e) in order to secure the prompt payment of obligations under a security agreement
932 entered into under Subsection (7)(b) or an agreement entered into under Subsection (7)(c) and
933 the proper application of the revenues pledged to them, covenant and provide appropriate
934 provisions in an agreement to the extent permitted and provided for with respect to revenue
935 obligations under Section 11-14-306 .
936 (8) In connection with the issuance of bonds under this chapter, a municipality, county,
937 or state university:
938 (a) may provide for the repurchase of bonds tendered by their owners and may enter
939 into an agreement to provide liquidity for such repurchases, including a letter of credit
940 agreement, line of credit agreement, standby bond purchase agreement, or other type of
941 liquidity agreement;
942 (b) may enter into remarketing, indexing, tender agent, or other agreements incident to
943 the financing of the project or the performance of the issuer's obligations relative to the bonds;
944 and
945 (c) may provide for payment of fees, charges, and other amounts coming due under the
946 agreements entered into pursuant to authority contained in Subsection (6).
947 Section 13. Section 11-27-2 is amended to read:
948 11-27-2. Definitions.
949 As used in this chapter:
950 (1) "Advance refunding bonds" means refunding bonds issued for the purpose of
951 refunding outstanding bonds in advance of their maturity.
952 (2) "Assessments" means a special tax levied against property within a special
953 improvement district to pay all or a portion of the costs of making improvements in the district.
954 (3) "Bond" means any revenue bond, general obligation bond, tax increment bond,
955 special improvement bond, local building authority bond, or refunding bond.

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- 32 - 956 (4) "General obligation bond" means any bond, note, warrant, certificate of
957 indebtedness, or other obligation of a public body payable in whole or in part from revenues
958 derived from ad valorem taxes and that constitutes an indebtedness within the meaning of any
959 applicable constitutional or statutory debt limitation.
960 (5) "Governing body" means the council, commission, county legislative body, board
961 of directors, board of trustees, board of education, board of regents, or other legislative body of
962 a public body designated in this chapter that is vested with the legislative powers of the public
963 body, and, with respect to the state, the State Bonding Commission created by Section
964 63B-1-201 .
965 (6) "Government obligations" means:
966 (a) direct obligations of the United States of America, or other securities, the principal
967 of and interest on which are unconditionally guaranteed by the United States of America; or
968 (b) obligations of any state, territory, or possession of the United States, or of any of
969 the political subdivisions of any state, territory, or possession of the United States, or of the
970 District of Columbia described in Section 103(a), Internal Revenue Code of 1986.
971 (7) "Issuer" means the public body issuing any bond or bonds.
972 (8) "Public body" means the state or any agency, authority, instrumentality, or
973 institution of the state, or any municipal or quasi-municipal corporation, political subdivision,
974 agency, school district, local district, special service district, or other governmental entity now
975 or hereafter existing under the laws of the state.
976 (9) "Refunding bonds" means bonds issued under the authority of this chapter for the
977 purpose of refunding outstanding bonds.
978 (10) "Resolution" means a resolution of the governing body of a public body taking
979 formal action under this chapter.
980 (11) "Revenue bond" means any bond, note, warrant, certificate of indebtedness, or
981 other obligation for the payment of money issued by a public body or any predecessor of any
982 public body and that is payable from designated revenues not derived from ad valorem taxes or
983 from a special fund composed of revenues not derived from ad valorem taxes, but excluding all
984 of the following:
985 (a) any obligation constituting an indebtedness within the meaning of any applicable
986 constitutional or statutory debt limitation;

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- 33 - 987 (b) any obligation issued in anticipation of the collection of taxes, where the entire
988 issue matures not later than one year from the date of the issue; and
989 (c) any special improvement bond.
990 (12) "Special improvement bond" means any bond, note, warrant, certificate of
991 indebtedness, or other obligation of a public body or any predecessor of any public body that is
992 payable from assessments levied on benefitted property and from any special improvement
993 guaranty fund.
994 (13) "Special improvement guaranty fund" means any special improvement guaranty
995 fund established under Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah Cities;
996 Title [17A] 11, Chapter [3, Part 2, County Improvement Districts] 42, Assessment Area Act; or
997 any predecessor or similar statute.
998 (14) "Tax increment bond" means any bond, note, warrant, certificate of indebtedness,
999 or other obligation of a public body issued under authority of Title 17C, Limited Purpose Local
1000 Government Entities - Community Development and Renewal Agencies.
1001 Section 14. Section 11-32-2 is amended to read:
1002 11-32-2. Definitions.
1003 As used in this chapter:
1004 (1) "Assignment agreement" means the agreement, security agreement, indenture, or
1005 other documentation by which the county transfers the delinquent tax receivables to the
1006 authority in consideration of the amounts paid by the authority under the assignment
1007 agreement, as provided in this chapter.
1008 (2) "Bonds" means any bonds, notes, or other evidence of indebtedness of the financing
1009 authority issued under this chapter.
1010 (3) "Delinquent tax receivables" means those ad valorem tangible property taxes levied
1011 within any county, for any year, which remain unpaid and owing the participant members
1012 within the county, as of January 15 of the following year, plus any interest and penalties
1013 accruing or assessed to them.
1014 (4) "Financing authority" or "authority" means a nonprofit corporation organized under
1015 this chapter by a county on behalf of the participant members within the county as the
1016 financing authority for the participant members solely for the purpose of financing the
1017 assignment of the delinquent tax receivables of the participant members for which it was

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Senate 2nd Reading Amendments 2-25-2008 rd/rhr 1018

created.
1019 (5) "Governing body" means the council, commission, county legislative body, board
1020 of education, board of trustees, or any other governing entity of a public body in which the
1021 legislative powers of the public body are vested.
1022 (6) "Participant members" means those public bodies, including the county, the
1023 governing bodies of which approve the creation of an authority as provided in Section 11-32-3
1024 and on whose behalf the authority acts.
1025 (7) "Public body" means any city, town, county, school district, special service district,
1026 [water and sewer improvement] local district, [redevelopment] community development and
1027 renewal agency, [parking and business improvement district, fire protection district, special
1028 service area, metropolitan water district, water conservancy district,] or any other entity entitled
1029 to receive ad valorem property taxes, existing under the laws of the state S. [ of Utah ] .S .
1030 Section 15. Section 11-36-102 is amended to read:
1031 11-36-102. Definitions.
1032 As used in this chapter:
1033 (1) "Building permit fee" means the fees charged to enforce the uniform codes adopted
1034 pursuant to Title 58, Chapter 56, Utah Uniform Building Standards Act, that are not greater
1035 than the fees indicated in the appendix to the International Building Code.
1036 (2) "Capital facilities plan" means the plan required by Section 11-36-201 .
1037 (3) "Development activity" means any construction or expansion of a building,
1038 structure, or use, any change in use of a building or structure, or any changes in the use of land
1039 that creates additional demand and need for public facilities.
1040 (4) "Development approval" means any written authorization from a local political
1041 subdivision that authorizes the commencement of development activity.
1042 (5) "Enactment" means:
1043 (a) a municipal ordinance, for municipalities;
1044 (b) a county ordinance, for counties; and
1045 (c) a governing board resolution, for local districts or special service districts.
1046 (6) "Hookup fees" means reasonable fees, not in excess of the approximate average
1047 costs to the political subdivision, for services provided for and directly attributable to the
1048 connection to utility services, including gas, water, sewer, power, or other municipal, county,

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- 35 - 1049 local district, or special service district utility services.
1050 (7) (a) "Impact fee" means a payment of money imposed upon development activity as
1051 a condition of development approval.
1052 (b) "Impact fee" does not mean a tax, a special assessment, a building permit fee, a
1053 hookup fee, a fee for project improvements, or other reasonable permit or application fee.
1054 (8) (a) "Local political subdivision" means a county, a municipality, a local district
1055 under Title 17B, Limited Purpose Local Government Entities - Local Districts, or a special
1056 service district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service District
1057 Act.
1058 (b) "Local political subdivision" does not mean school districts, whose impact fee
1059 activity is governed by Section 53A-20-100.5 .
1060 (9) "Private entity" means an entity with private ownership that provides culinary water
1061 that is required to be used as a condition of development.
1062 (10) (a) "Project improvements" means site improvements and facilities that are:
1063 (i) planned and designed to provide service for development resulting from a
1064 development activity; and
1065 (ii) necessary for the use and convenience of the occupants or users of development
1066 resulting from a development activity.
1067 (b) "Project improvements" does not mean system improvements.
1068 (11) "Proportionate share" means the cost of public facility improvements that are
1069 roughly proportionate and reasonably related to the service demands and needs of any
1070 development activity.
1071 (12) "Public facilities" means only the following capital facilities that have a life
1072 expectancy of ten or more years and are owned or operated by or on behalf of a local political
1073 subdivision or private entity:
1074 (a) water rights and water supply, treatment, and distribution facilities;
1075 (b) wastewater collection and treatment facilities;
1076 (c) storm water, drainage, and flood control facilities;
1077 (d) municipal power facilities;
1078 (e) roadway facilities;
1079 (f) parks, recreation facilities, open space, and trails; and

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- 36 - 1080 (g) public safety facilities.
1081 (13) (a) "Public safety facility" means:
1082 (i) a building constructed or leased to house police, fire, or other public safety entities;
1083 or
1084 (ii) a fire suppression vehicle with a ladder reach of at least 75 feet, costing in excess of
1085 $1,250,000, that is necessary for fire suppression in commercial areas with one or more
1086 buildings at least five stories high.
1087 (b) "Public safety facility" does not mean a jail, prison, or other place of involuntary
1088 incarceration.
1089 (14) (a) "Roadway facilities" means streets or roads that have been designated on an
1090 officially adopted subdivision plat, roadway plan, or general plan of a political subdivision,
1091 together with all necessary appurtenances.
1092 (b) "Roadway facilities" includes associated improvements to federal or state roadways
1093 only when the associated improvements:
1094 (i) are necessitated by the new development; and
1095 (ii) are not funded by the state or federal government.
1096 (c) "Roadway facilities" does not mean federal or state roadways.
1097 (15) (a) "Service area" means a geographic area designated by a local political
1098 subdivision on the basis of sound planning or engineering principles in which a defined set of
1099 public facilities provide service within the area.
1100 (b) "Service area" may include the entire local political subdivision.
1101 (16) (a) "System improvements" means:
1102 (i) existing public facilities that are designed to provide services to service areas within
1103 the community at large; and
1104 (ii) future public facilities identified in a capital facilities plan that are intended to
1105 provide services to service areas within the community at large.
1106 (b) "System improvements" does not mean project improvements.
1107 Section 16. Section 11-36-201 is amended to read:
1108 11-36-201. Impact fees -- Analysis -- Capital facilities plan -- Notice of plan --
1109 Summary -- Exemptions.
1110 (1) (a) Each local political subdivision and private entity shall comply with the

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- 37 - 1111 requirements of this chapter before establishing or modifying any impact fee.
1112 (b) A local political subdivision may not:
1113 (i) establish any new impact fees that are not authorized by this chapter; or
1114 (ii) impose or charge any other fees as a condition of development approval unless
1115 those fees are a reasonable charge for the service provided.
1116 (c) Notwithstanding any other requirements of this chapter, each local political
1117 subdivision shall ensure that each existing impact fee that is charged for any public facility not
1118 authorized by Subsection 11-36-102 (12) is repealed by July 1, 1995.
1119 (d) (i) Existing impact fees for public facilities authorized in Subsection 11-36-102 (12)
1120 that are charged by local political subdivisions need not comply with the requirements of this
1121 chapter until July 1, 1997.
1122 (ii) By July 1, 1997, each local political subdivision shall:
1123 (A) review any impact fees in existence as of the effective date of this act, and prepare
1124 and approve the analysis required by this section for each of those impact fees; and
1125 (B) ensure that the impact fees comply with the requirements of this chapter.
1126 (2) (a) Before imposing impact fees, each local political subdivision shall prepare a
1127 capital facilities plan.
1128 (b) (i) As used in this Subsection (2)(b):
1129 (A) (I) "Affected entity" means each county, municipality, local district under Title
1130 17B, Limited Purpose Local Government Entities - Local Districts, special service district
1131 under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service District Act, school
1132 district, interlocal cooperation entity established under Chapter 13, Interlocal Cooperation Act,
1133 and specified public utility:
1134 (Aa) whose services or facilities are likely to require expansion or significant
1135 modification because of the facilities proposed in the proposed capital facilities plan; or
1136 (Bb) that has filed with the local political subdivision or private entity a copy of the
1137 general or long-range plan of the county, municipality, local district, special service district,
1138 school district, interlocal cooperation entity, or specified public utility.
1139 (II) "Affected entity" does not include the local political subdivision or private entity
1140 that is required under this Subsection (2) to provide notice.
1141 (B) "Specified public utility" means an electrical corporation, gas corporation, or

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- 38 - 1142 telephone corporation, as those terms are defined in Section 54-2-1 .
1143 (ii) Before preparing a capital facilities plan for facilities proposed on land located
1144 within a county of the first or second class, each local political subdivision and each private
1145 entity shall provide written notice, as provided in this Subsection (2)(b), of its intent to prepare
1146 a capital facilities plan.
1147 (iii) Each notice under Subsection (2)(b)(ii) shall:
1148 (A) indicate that the local political subdivision or private entity intends to prepare a
1149 capital facilities plan;
1150 (B) describe or provide a map of the geographic area where the proposed capital
1151 facilities will be located;
1152 (C) be sent to:
1153 (I) each county in whose unincorporated area and each municipality in whose
1154 boundaries is located the land on which the proposed facilities will be located;
1155 (II) each affected entity;
1156 (III) the Automated Geographic Reference Center created in Section 63F-1-506 ;
1157 (IV) the association of governments, established pursuant to an interlocal agreement
1158 under Title 11, Chapter 13, Interlocal Cooperation Act, in which the facilities are proposed to
1159 be located; and
1160 (V) the state planning coordinator appointed under Section 63-38d-202 ; and
1161 (D) with respect to the notice to affected entities, invite the affected entities to provide
1162 information for the local political subdivision or private entity to consider in the process of
1163 preparing, adopting, and implementing a capital facilities plan concerning:
1164 (I) impacts that the facilities proposed in the capital facilities plan may have on the
1165 affected entity; and
1166 (II) facilities or uses of land that the affected entity is planning or considering that may
1167 conflict with the facilities proposed in the capital facilities plan.
1168 (c) The plan shall identify:
1169 (i) demands placed upon existing public facilities by new development activity; and
1170 (ii) the proposed means by which the local political subdivision will meet those
1171 demands.
1172 (d) Municipalities and counties need not prepare a separate capital facilities plan if the

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- 39 - 1173 general plan required by Sections 10-9a-401 and 17-27a-401 contains the elements required by
1174 Subsection (2)(c).
1175 (e) (i) If a local political subdivision prepares an independent capital facilities plan
1176 rather than including a capital facilities element in the general plan, the local political
1177 subdivision shall, before adopting the capital facilities plan:
1178 (A) give public notice of the plan according to this Subsection (2)(e);
1179 (B) at least 14 days before the date of the public hearing:
1180 (I) make a copy of the plan, together with a summary designed to be understood by a
1181 lay person, available to the public; and
1182 (II) place a copy of the plan and summary in each public library within the local
1183 political subdivision; and
1184 (C) hold a public hearing to hear public comment on the plan.
1185 (ii) Municipalities shall comply with the notice and hearing requirements of, and,
1186 except as provided in Subsection 11-36-401 (4)(f), receive the protections of Sections
1187 10-9a-205 and 10-9a-801 and Subsection 10-9a-502 (2).
1188 (iii) Counties shall comply with the notice and hearing requirements of, and, except as
1189 provided in Subsection 11-36-401 (4)(f), receive the protections of Sections 17-27a-205 and
1190 17-27a-801 and Subsection 17-27a-502 (2).
1191 (iv) Local districts, special service districts, and private entities shall comply with the
1192 notice and hearing requirements of, and receive the protections of, Section 17B-1-111 .
1193 (v) Nothing contained in this Subsection (2)(e) or in the subsections referenced in
1194 Subsections (2)(e)(ii) and (iii) may be construed to require involvement by a planning
1195 commission in the capital facilities planning process.
1196 (f) (i) Local political subdivisions with a population or serving a population of less
1197 than 5,000 as of the last federal census need not comply with the capital facilities plan
1198 requirements of this part, but shall ensure that the impact fees imposed by them are based upon
1199 a reasonable plan.
1200 (ii) Subsection (2)(f)(i) does not apply to private entities.
1201 (3) In preparing the plan, each local political subdivision shall generally consider all
1202 revenue sources, including impact fees, to finance the impacts on system improvements.
1203 (4) A local political subdivision may only impose impact fees on development

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- 40 - 1204 activities when its plan for financing system improvements establishes that impact fees are
1205 necessary to achieve an equitable allocation to the costs borne in the past and to be borne in the
1206 future, in comparison to the benefits already received and yet to be received.
1207 (5) (a) Each local political subdivision imposing impact fees shall prepare a written
1208 analysis of each impact fee that:
1209 (i) identifies the impact on system improvements required by the development activity;
1210 (ii) demonstrates how those impacts on system improvements are reasonably related to
1211 the development activity;
1212 (iii) estimates the proportionate share of the costs of impacts on system improvements
1213 that are reasonably related to the new development activity; and
1214 (iv) based upon those factors and the requirements of this chapter, identifies how the
1215 impact fee was calculated.
1216 (b) In analyzing whether or not the proportionate share of the costs of public facilities
1217 are reasonably related to the new development activity, the local political subdivision shall
1218 identify, if applicable:
1219 (i) the cost of existing public facilities;
1220 (ii) the manner of financing existing public facilities, such as user charges, special
1221 assessments, bonded indebtedness, general taxes, or federal grants;
1222 (iii) the relative extent to which the newly developed properties and the other
1223 properties in the municipality have already contributed to the cost of existing public facilities,
1224 by such means as user charges, special assessments, or payment from the proceeds of general
1225 taxes;
1226 (iv) the relative extent to which the newly developed properties and the other
1227 properties in the municipality will contribute to the cost of existing public facilities in the
1228 future;
1229 (v) the extent to which the newly developed properties are entitled to a credit because
1230 the municipality is requiring their developers or owners, by contractual arrangement or
1231 otherwise, to provide common facilities, inside or outside the proposed development, that have
1232 been provided by the municipality and financed through general taxation or other means, apart
1233 from user charges, in other parts of the municipality;
1234 (vi) extraordinary costs, if any, in servicing the newly developed properties; and

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- 41 - 1235 (vii) the time-price differential inherent in fair comparisons of amounts paid at
1236 different times.
1237 (c) Each local political subdivision that prepares a written analysis under this
1238 Subsection (5) on or after July 1, 2000 shall also prepare a summary of the written analysis,
1239 designed to be understood by a lay person.
1240 (6) Each local political subdivision that adopts an impact fee enactment under Section
1241 11-36-202 on or after July 1, 2000 shall, at least 14 days before adopting the enactment, submit
1242 to each public library within the local political subdivision:
1243 (a) a copy of the written analysis required by Subsection (5)(a); and
1244 (b) a copy of the summary required by Subsection (5)(c).
1245 (7) Nothing in this chapter may be construed to repeal or otherwise eliminate any
1246 impact fee in effect on the effective date of this chapter that is pledged as a source of revenues
1247 to pay bonded indebtedness that was incurred before the effective date of this chapter.
1248 Section 17. Section 11-39-101 is amended to read:
1249 11-39-101. Definitions.
1250 As used in this chapter:
1251 (1) "Bid limit" means:
1252 (a) for a building improvement:
1253 (i) for the year 2003, $40,000; and
1254 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
1255 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
1256 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
1257 year; and
1258 (b) for a public works project:
1259 (i) for the year 2003, $125,000; and
1260 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
1261 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
1262 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
1263 year.
1264 (2) "Building improvement":
1265 (a) means the construction or repair of a public building or structure; and

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- 42 - 1266 (b) does not include construction or repair at an international airport.
1267 (3) "Consumer Price Index" means the Consumer Price Index for All Urban
1268 Consumers as published by the Bureau of Labor Statistics of the United States Department of
1269 Labor.
1270 (4) "Design-build project":
1271 (a) means a building improvement or public works project costing over $250,000 with
1272 respect to which both the design and construction are provided for in a single contract with a
1273 contractor or combination of contractors capable of providing design-build services; and
1274 (b) does not include a building improvement or public works project:
1275 (i) that is undertaken by a local entity under contract with a construction manager that
1276 guarantees the contract price and is at risk for any amount over the contract price; and
1277 (ii) each component of which is competitively bid.
1278 (5) "Design-build services" means the engineering, architectural, and other services
1279 necessary to formulate and implement a design-build project, including its actual construction.
1280 (6) "Emergency repairs" means a building improvement or public works project
1281 undertaken on an expedited basis to:
1282 (a) eliminate an imminent risk of damage to or loss of public or private property;
1283 (b) remedy a condition that poses an immediate physical danger; or
1284 (c) reduce a substantial, imminent risk of interruption of an essential public service.
1285 (7) "Governing body" means:
1286 (a) for a county, city, or town, the legislative body of the county, city, or town;
1287 (b) for a local district, the board of trustees of the local district; and
1288 (c) for a special service district:
1289 (i) the legislative body of the county, city, or town that established the special service
1290 district, if no administrative control board has been appointed under Section [ 17A-2-1326 ]
1291 17D-1-301 ; or
1292 (ii) the administrative control board of the special service district, if an administrative
1293 control board has been appointed under Section [ 17A-2-1326 ] 17D-1-301 .
1294 (8) "Local district" has the same meaning as defined in Section 17B-1-102 .
1295 (9) "Local entity" means a county, city, town, local district, or special service district.
1296 (10) "Lowest responsive responsible bidder" means a prime contractor who:

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- 43 - 1297 (a) has submitted a bid in compliance with the invitation to bid and within the
1298 requirements of the plans and specifications for the building improvement or public works
1299 project;
1300 (b) is the lowest bidder that satisfies the local entity's criteria relating to financial
1301 strength, past performance, integrity, reliability, and other factors that the local entity uses to
1302 assess the ability of a bidder to perform fully and in good faith the contract requirements;
1303 (c) has furnished a bid bond or equivalent in money as a condition to the award of a
1304 prime contract; and
1305 (d) furnishes a payment and performance bond as required by law.
1306 (11) "Procurement code" means the provisions of Title 63, Chapter 56, Utah
1307 Procurement Code.
1308 (12) "Public works project":
1309 (a) means the construction of:
1310 (i) a park or recreational facility; or
1311 (ii) a pipeline, culvert, dam, canal, or other system for water, sewage, storm water, or
1312 flood control; and
1313 (b) does not include:
1314 (i) the replacement or repair of existing infrastructure on private property;
1315 (ii) construction commenced before June 1, 2003; and
1316 (iii) construction or repair at an international airport.
1317 (13) "Special service district" [means a special service district under Title 17A,
1318 Chapter 2, Part 13, Utah Special Service District Act] has the same meaning as defined in
1319 Section 17D-1-102 .
1320 Section 18. Section 11-39-104 is amended to read:
1321 11-39-104. Exceptions.
1322 (1) The requirements of Section 11-39-103 do not apply to:
1323 (a) emergency repairs;
1324 (b) a building improvement or public works project if the estimated cost under Section
1325 11-39-102 is less than the bid limit; or
1326 (c) the conduct or management of any of the departments, business, or property of the
1327 local entity.

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- 44 - 1328 (2) This section may not be construed to limit the application of Section 72-6-108 to an
1329 improvement project, as defined in Section 72-6-109 , that would otherwise be subject to
1330 Section 72-6-108 .
1331 (3) This part applies to a building improvement or public works project of a special
1332 service district only to the extent that the contract for the building improvement or public
1333 works project is in a class of contract designated under Section 17D-1-107 as subject to this
1334 part.
1335 Section 19. Section 11-40-101 is amended to read:
1336 11-40-101. Definitions.
1337 As used in this chapter:
1338 (1) "Applicant" means a person who seeks employment with a public water utility,
1339 either as an employee or as an independent contractor, and who, after employment, would, in
1340 the judgment of the public water utility, be in a position to affect the safety or security of the
1341 publicly owned treatment works or public water system or to affect the safety or well-being of
1342 patrons of the public water utility.
1343 (2) "Division" means the Criminal Investigation and Technical Services Division of the
1344 Department of Public Safety, established in Section 53-10-103 .
1345 (3) "Independent contractor":
1346 (a) means an engineer, contractor, consultant, or supplier who designs, constructs,
1347 operates, maintains, repairs, replaces, or provides water treatment or conveyance facilities or
1348 equipment, or related control or security facilities or equipment, to the public water utility; and
1349 (b) includes the employees and agents of the engineer, contractor, consultant, or
1350 supplier.
1351 (4) "Person seeking access" means a person who seeks access to a public water utility's
1352 public water system or publicly owned treatment works and who, after obtaining access, would,
1353 in the judgment of the public water utility, be in a position to affect the safety or security of the
1354 publicly owned treatment works or public water system or to affect the safety or well-being of
1355 patrons of the public water utility.
1356 (5) "Publicly owned treatment works" has the same meaning as defined in Section
1357 19-5-102 .
1358 (6) "Public water system" has the same meaning as defined in Section 19-4-102 .

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- 45 - 1359 (7) "Public water utility" means a county, city, town, local district under Title 17B,
1360 Chapter 1, Provisions Applicable to All Local Districts, special service district under Title
1361 [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service District Act, or other political
1362 subdivision of the state that operates publicly owned treatment works or a public water system.
1363 Section 20. Section 11-42-102 is amended to read:
1364 11-42-102. Definitions.
1365 (1) "Adequate protests" means timely filed, written protests under Section 11-42-203
1366 that represent at least 50% of the frontage, area, taxable value, fair market value, lots, number
1367 of connections, or equivalent residential units of the property proposed to be assessed,
1368 according to the same assessment method by which the assessment is proposed to be levied,
1369 after eliminating:
1370 (a) protests relating to:
1371 (i) property that has been deleted from a proposed assessment area; or
1372 (ii) an improvement that has been deleted from the proposed improvements to be
1373 provided to property within the proposed assessment area; and
1374 (b) protests that have been withdrawn under Subsection 11-42-203 (3).
1375 (2) "Assessment area" means an area, or, if more than one area is designated, the
1376 aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a
1377 local entity under Part 2, Designating an Assessment Area, for the purpose of financing the
1378 costs of improvements, operation and maintenance, or economic promotion activities that
1379 benefit property within the area.
1380 (3) "Assessment bonds" means bonds that are:
1381 (a) issued under Section 11-42-605 ; and
1382 (b) payable in part or in whole from assessments levied in an assessment area,
1383 improvement revenues, and a guaranty fund or reserve fund.
1384 (4) "Assessment fund" means a special fund that a local entity establishes under
1385 Section 11-42-412 .
1386 (5) "Assessment lien" means a lien on property within an assessment area that arises
1387 from the levy of an assessment, as provided in Section 11-42-501 .
1388 (6) "Assessment method" means the method by which an assessment is levied against
1389 property, whether by frontage, area, taxable value, fair market value, lot, number of

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- 46 - 1390 connections, equivalent residential unit, or any combination of these methods.
1391 (7) "Assessment ordinance" means an ordinance adopted by a local entity under
1392 Section 11-42-404 that levies an assessment on benefitted property within an assessment area.
1393 (8) "Assessment resolution" means a resolution adopted by a local entity under Section
1394 11-42-404 that levies an assessment on benefitted property within an assessment area.
1395 (9) "Benefitted property" means property within an assessment area that benefits from
1396 improvements, operation and maintenance, or economic promotion activities.
1397 (10) "Bond anticipation notes" means notes issued under Section 11-42-602 in
1398 anticipation of the issuance of assessment bonds.
1399 (11) "Bonds" means assessment bonds and refunding assessment bonds.
1400 (12) "Commercial area" means an area in which at least 75% of the property is devoted
1401 to the interchange of goods or commodities.
1402 (13) "Connection fee" means a fee charged by a local entity to pay for the costs of
1403 connecting property to a publicly owned sewer, water, gas, telecommunications, or electrical
1404 system, whether or not improvements are installed on the property.
1405 (14) "Contract price" means:
1406 (a) the cost of acquiring an improvement, if the improvement is acquired; or
1407 (b) the amount payable to one or more contractors for the design, engineering,
1408 inspection, and construction of an improvement.
1409 (15) "Designation ordinance" means an ordinance adopted by a local entity under
1410 Section 11-42-206 designating an assessment area.
1411 (16) "Designation resolution" means a resolution adopted by a local entity under
1412 Section 11-42-206 designating an assessment area.
1413 (17) "Economic promotion activities" means activities that promote economic growth
1414 in a commercial area of a local entity, including:
1415 (a) sponsoring festivals and markets;
1416 (b) promoting business investment or activities;
1417 (c) helping to coordinate public and private actions; and
1418 (d) developing and issuing publications designed to improve the economic well-being
1419 of the commercial area.
1420 (18) "Equivalent residential unit" means a dwelling, unit, or development that is equal

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- 47 - 1421 to a single-family residence in terms of the nature of its use or impact on an improvement to be
1422 provided in the assessment area.
1423 (19) "Governing body" means:
1424 (a) for a county, city, or town, the legislative body of the county, city, or town;
1425 (b) for a local district, the board of trustees of the local district; and
1426 (c) for a special service district:
1427 (i) the legislative body of the county, city, or town that established the special service
1428 district, if no administrative control board has been appointed under Section [ 17A-2-1326 ]
1429 17D-1-301 ; or
1430 (ii) the administrative control board of the special service district, if an administrative
1431 control board has been appointed under Section [ 17A-2-1326 ] 17D-1-301 .
1432 (20) "Guaranty fund" means the fund established by a local entity under Section
1433 11-42-701 .
1434 (21) "Improved property" means property proposed to be assessed within an
1435 assessment area upon which a residential, commercial, or other building has been built.
1436 (22) "Improvement" means any publicly owned infrastructure, system, or other facility
1437 that:
1438 (a) a local entity is authorized to provide; or
1439 (b) the governing body of a local entity determines is necessary or convenient to enable
1440 the local entity to provide a service that the local entity is authorized to provide.
1441 (23) "Improvement revenues":
1442 (a) means charges, fees, impact fees, or other revenues that a local entity receives from
1443 improvements; and
1444 (b) does not include revenue from assessments.
1445 (24) "Incidental refunding costs" means any costs of issuing refunding assessment
1446 bonds and calling, retiring, or paying prior bonds, including:
1447 (a) legal and accounting fees;
1448 (b) charges of fiscal agents, escrow agents, and trustees;
1449 (c) underwriting discount costs, printing costs, the costs of giving notice;
1450 (d) any premium necessary in the calling or retiring of prior bonds;
1451 (e) fees to be paid to the local entity to issue the refunding assessment bonds and to

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- 48 - 1452 refund the outstanding prior bonds;
1453 (f) any other costs that the governing body determines are necessary or desirable to
1454 incur in connection with the issuance of refunding assessment bonds; and
1455 (g) any interest on the prior bonds that is required to be paid in connection with the
1456 issuance of the refunding assessment bonds.
1457 (25) "Installment payment date" means the date on which an installment payment of an
1458 assessment is payable.
1459 (26) "Interim warrant" means a warrant issued by a local entity under Section
1460 11-42-601 .
1461 (27) "Jurisdictional boundaries" means:
1462 (a) for a county, the boundaries of the unincorporated area of the county; and
1463 (b) for each other local entity, the boundaries of the local entity.
1464 (28) "Local district" means a local district under Title 17B, Limited Purpose Local
1465 Government Entities - Local Districts.
1466 (29) "Local entity" means a county, city, town, special service district, or local district.
1467 (30) "Local entity obligations" means assessment bonds, refunding assessment bonds,
1468 interim warrants, and bond anticipation notes issued by a local entity.
1469 (31) "Mailing address" means:
1470 (a) a property owner's last-known address using the name and address appearing on the
1471 last completed real property assessment roll of the county in which the property is located; and
1472 (b) if the property is improved property:
1473 (i) the property's street number; or
1474 (ii) the post office box, rural route number, or other mailing address of the property, if
1475 a street number has not been assigned.
1476 (32) "Net improvement revenues" means all improvement revenues that a local entity
1477 has received since the last installment payment date, less all amounts payable by the local entity
1478 from those improvement revenues for operation and maintenance costs.
1479 (33) "Operation and maintenance costs" means the costs that a local entity incurs in
1480 operating and maintaining improvements in an assessment area, including service charges,
1481 administrative costs, ongoing maintenance charges, and tariffs or other charges for electrical,
1482 water, gas, or other utility usage.

Text Box
- 49 - 1483 (34) "Optional facilities":
1484 (a) means facilities in an assessment area that:
1485 (i) can be conveniently installed at the same time as improvements in the assessment
1486 area; and
1487 (ii) are requested by a property owner on whose property or for whose benefit the
1488 improvements are being installed; and
1489 (b) includes private driveways, irrigation ditches, and water turnouts.
1490 (35) "Overhead costs" means the actual costs incurred or the estimated costs to be
1491 incurred by a local entity in connection with an assessment area for appraisals, legal fees, filing
1492 fees, financial advisory charges, underwriting fees, placement fees, escrow, trustee, and paying
1493 agent fees, publishing and mailing costs, costs of levying an assessment, recording costs, and
1494 all other incidental costs.
1495 (36) "Prior bonds" means the assessment bonds that are refunded in part or in whole by
1496 refunding assessment bonds.
1497 (37) "Prior assessment ordinance" means the ordinance levying the assessments from
1498 which the prior bonds are payable.
1499 (38) "Prior assessment resolution" means the resolution levying the assessments from
1500 which the prior bonds are payable.
1501 (39) "Project engineer" means the surveyor or engineer employed by or private
1502 consulting engineer engaged by a local entity to perform the necessary engineering services for
1503 and to supervise the construction or installation of the improvements.
1504 (40) "Property" includes real property and any interest in real property, including water
1505 rights, leasehold rights, and personal property related to the property.
1506 (41) "Property price" means the price at which a local entity purchases or acquires by
1507 eminent domain property to make improvements in an assessment area.
1508 (42) "Provide" or "providing," with reference to an improvement, includes the
1509 acquisition, construction, reconstruction, renovation, maintenance, repair, operation, and
1510 expansion of an improvement.
1511 (43) "Public agency" means:
1512 (a) the state or any agency, department, or division of the state; and
1513 (b) a political subdivision of the state.

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- 50 - 1514 (44) "Reduced payment obligation" means the full obligation of an owner of property
1515 within an assessment area to pay an assessment levied on the property after the assessment has
1516 been reduced because of the issuance of refunding assessment bonds, as provided in Section
1517 11-42-608 .
1518 (45) "Refunding assessment bonds" means assessment bonds that a local entity issues
1519 under Section 11-42-607 to refund, in part or in whole, assessment bonds.
1520 (46) "Reserve fund" means a fund established by a local entity under Section
1521 11-42-702 .
1522 (47) "Service" means water, sewer, garbage collection, library, recreation, or electric
1523 service, economic promotion activities, or any other service that a local entity is required or
1524 authorized to provide.
1525 (48) "Special service district" [means a special service district under Title 17A,
1526 Chapter 2, Part 13, Utah Special Service District Act] has the same meaning as defined in
1527 Section 17D-1-102 .
1528 (49) "Unimproved property" means property upon which no residential, commercial, or
1529 other building has been built.
1530 (50) "Voluntary assessment area" means an assessment area that contains only property
1531 whose owners have voluntarily consented to an assessment.
1532 Section 21. Section 11-43-102 is amended to read:
1533 11-43-102. Memorials by political subdivisions.
1534 (1) As used in this section:
1535 (a) "Political subdivision" means any county, city, town, or school district.
1536 (b) "Political subdivision" does not mean a local district under Title 17B, Limited
1537 Purpose Local Government Entities - Local Districts, or a special service district under Title
1538 [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service District Act[, or a dependent district
1539 under Title 17A, Chapter 3, Dependent Districts].
1540 (2) A political subdivision may authorize the use or donation of the political
1541 subdivision's land for the purpose of maintaining, erecting, or contributing to the erection or
1542 maintenance of a memorial to commemorate those individuals who have:
1543 (a) participated in or have given their lives in any of the one or more wars or military
1544 conflicts in which the United States of America has been a participant; or

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- 51 - 1545 (b) given their lives in association with public service on behalf of the state or the
1546 political subdivision, including firefighters, peace officers, highway patrol officers, or other
1547 public servants.
1548 (3) The use or donation of a political subdivision's land in relation to a memorial
1549 described in Subsection (2) may include:
1550 (a) using or appropriating public funds for the purchase, development, improvement, or
1551 maintenance of public land on which a memorial is located or established;
1552 (b) using or appropriating public funds for the erection, improvement, or maintenance
1553 of a memorial;
1554 (c) donating or selling public land for use in relation to a memorial; or
1555 (d) authorizing the use of a political subdivision's land for a memorial that is funded or
1556 maintained in part or in full by another public or private entity.
1557 (4) The political subdivision may specify the form, placement, and design of a
1558 memorial that is subject to this section.
1559 Section 22. Section 17-27a-103 is amended to read:
1560 17-27a-103. Definitions.
1561 As used in this chapter:
1562 (1) "Affected entity" means a county, municipality, local district, special service
1563 district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service District Act,
1564 school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal
1565 Cooperation Act, specified property owner, property owners association, public utility, or the
1566 Utah Department of Transportation, if:
1567 (a) the entity's services or facilities are likely to require expansion or significant
1568 modification because of an intended use of land;
1569 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
1570 or
1571 (c) the entity has filed with the county a request for notice during the same calendar
1572 year and before the county provides notice to an affected entity in compliance with a
1573 requirement imposed under this chapter.
1574 (2) "Appeal authority" means the person, board, commission, agency, or other body
1575 designated by ordinance to decide an appeal of a decision of a land use application or a

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- 52 - 1576 variance.
1577 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
1578 residential property if the sign is designed or intended to direct attention to a business, product,
1579 or service that is not sold, offered, or existing on the property where the sign is located.
1580 (4) "Charter school" includes:
1581 (a) an operating charter school;
1582 (b) a charter school applicant that has its application approved by a chartering entity in
1583 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
1584 (c) an entity who is working on behalf of a charter school or approved charter applicant
1585 to develop or construct a charter school building.
1586 (5) "Chief executive officer" means the person or body that exercises the executive
1587 powers of the county.
1588 (6) "Conditional use" means a land use that, because of its unique characteristics or
1589 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
1590 compatible in some areas or may be compatible only if certain conditions are required that
1591 mitigate or eliminate the detrimental impacts.
1592 (7) "Constitutional taking" means a governmental action that results in a taking of
1593 private property so that compensation to the owner of the property is required by the:
1594 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
1595 (b) Utah Constitution Article I, Section 22.
1596 (8) "Culinary water authority" means the department, agency, or public entity with
1597 responsibility to review and approve the feasibility of the culinary water system and sources for
1598 the subject property.
1599 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
1600 or more of a person's major life activities, including a person having a record of such an
1601 impairment or being regarded as having such an impairment.
1602 (b) "Disability" does not include current illegal use of, or addiction to, any federally
1603 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
1604 802.
1605 (10) "Elderly person" means a person who is 60 years old or older, who desires or
1606 needs to live with other elderly persons in a group setting, but who is capable of living

Text Box
- 53 - 1607 independently.
1608 (11) "Fire authority" means the department, agency, or public entity with responsibility
1609 to review and approve the feasibility of fire protection and suppression services for the subject
1610 property.
1611 (12) "Gas corporation" has the same meaning as defined in Section 54-2-1 .
1612 (13) "General plan" means a document that a county adopts that sets forth general
1613 guidelines for proposed future development of the unincorporated land within the county.
1614 (14) "Identical plans" means building plans submitted to a county that are substantially
1615 identical building plans that were previously submitted to and reviewed and approved by the
1616 county and describe a building that is:
1617 (a) located on land zoned the same as the land on which the building described in the
1618 previously approved plans is located; and
1619 (b) subject to the same geological and meteorological conditions and the same law as
1620 the building described in the previously approved plans.
1621 (15) "Interstate pipeline company" means a person or entity engaged in natural gas
1622 transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
1623 the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1624 (16) "Intrastate pipeline company" means a person or entity engaged in natural gas
1625 transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
1626 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1627 (17) "Land use application" means an application required by a county's land use
1628 ordinance.
1629 (18) "Land use authority" means a person, board, commission, agency, or other body
1630 designated by the local legislative body to act upon a land use application.
1631 (19) "Land use ordinance" means a planning, zoning, development, or subdivision
1632 ordinance of the county, but does not include the general plan.
1633 (20) "Land use permit" means a permit issued by a land use authority.
1634 (21) "Legislative body" means the county legislative body, or for a county that has
1635 adopted an alternative form of government, the body exercising legislative powers.
1636 (22) "Local district" means any entity under Title 17B, Limited Purpose Local
1637 Government Entities - Local Districts, and any other governmental or quasi-governmental

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- 54 - 1638 entity that is not a county, municipality, school district, or unit of the state.
1639 (23) "Lot line adjustment" means the relocation of the property boundary line in a
1640 subdivision between two adjoining lots with the consent of the owners of record.
1641 (24) "Moderate income housing" means housing occupied or reserved for occupancy
1642 by households with a gross household income equal to or less than 80% of the median gross
1643 income for households of the same size in the county in which the housing is located.
1644 (25) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
1645 and expenses incurred in:
1646 (a) verifying that building plans are identical plans; and
1647 (b) reviewing and approving those minor aspects of identical plans that differ from the
1648 previously reviewed and approved building plans.
1649 (26) "Noncomplying structure" means a structure that:
1650 (a) legally existed before its current land use designation; and
1651 (b) because of one or more subsequent land use ordinance changes, does not conform
1652 to the setback, height restrictions, or other regulations, excluding those regulations that govern
1653 the use of land.
1654 (27) "Nonconforming use" means a use of land that:
1655 (a) legally existed before its current land use designation;
1656 (b) has been maintained continuously since the time the land use ordinance regulation
1657 governing the land changed; and
1658 (c) because of one or more subsequent land use ordinance changes, does not conform
1659 to the regulations that now govern the use of the land.
1660 (28) "Official map" means a map drawn by county authorities and recorded in the
1661 county recorder's office that:
1662 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1663 highways and other transportation facilities;
1664 (b) provides a basis for restricting development in designated rights-of-way or between
1665 designated setbacks to allow the government authorities time to purchase or otherwise reserve
1666 the land; and
1667 (c) has been adopted as an element of the county's general plan.
1668 (29) "Person" means an individual, corporation, partnership, organization, association,

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- 55 - 1669 trust, governmental agency, or any other legal entity.
1670 (30) "Plan for moderate income housing" means a written document adopted by a
1671 county legislative body that includes:
1672 (a) an estimate of the existing supply of moderate income housing located within the
1673 county;
1674 (b) an estimate of the need for moderate income housing in the county for the next five
1675 years as revised biennially;
1676 (c) a survey of total residential land use;
1677 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
1678 income housing; and
1679 (e) a description of the county's program to encourage an adequate supply of moderate
1680 income housing.
1681 (31) "Plat" means a map or other graphical representation of lands being laid out and
1682 prepared in accordance with Section 17-27a-603 , 17-23-17 , or 57-8-13 .
1683 (32) "Public hearing" means a hearing at which members of the public are provided a
1684 reasonable opportunity to comment on the subject of the hearing.
1685 (33) "Public meeting" means a meeting that is required to be open to the public under
1686 Title 52, Chapter 4, Open and Public Meetings Act.
1687 (34) "Receiving zone" means an unincorporated area of a county that the county's land
1688 use authority designates as an area in which an owner of land may receive transferrable
1689 development rights.
1690 (35) "Record of survey map" means a map of a survey of land prepared in accordance
1691 with Section 17-23-17 .
1692 (36) "Residential facility for elderly persons" means a single-family or multiple-family
1693 dwelling unit that meets the requirements of Section 17-27a-515 , but does not include a health
1694 care facility as defined by Section 26-21-2 .
1695 (37) "Residential facility for persons with a disability" means a residence:
1696 (a) in which more than one person with a disability resides; and
1697 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
1698 Chapter 2, Licensure of Programs and Facilities; or
1699 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,

Text Box
- 56 - 1700 Health Care Facility Licensing and Inspection Act.
1701 (38) "Sanitary sewer authority" means the department, agency, or public entity with
1702 responsibility to review and approve the feasibility of sanitary sewer services or onsite
1703 wastewater systems.
1704 (39) "Sending zone" means an unincorporated area of a county that the county's land
1705 use authority designates as an area from which an owner of land may transfer transferrable
1706 development rights to an owner of land in a receiving zone.
1707 (40) "Specified public utility" means an electrical corporation, gas corporation, or
1708 telephone corporation, as those terms are defined in Section 54-2-1 .
1709 (41) "Street" means a public right-of-way, including a highway, avenue, boulevard,
1710 parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
1711 way.
1712 (42) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
1713 divided into two or more lots, parcels, sites, units, plots, or other division of land for the
1714 purpose, whether immediate or future, for offer, sale, lease, or development either on the
1715 installment plan or upon any and all other plans, terms, and conditions.
1716 (b) "Subdivision" includes:
1717 (i) the division or development of land whether by deed, metes and bounds description,
1718 devise and testacy, map, plat, or other recorded instrument; and
1719 (ii) except as provided in Subsection (42)(c), divisions of land for residential and
1720 nonresidential uses, including land used or to be used for commercial, agricultural, and
1721 industrial purposes.
1722 (c) "Subdivision" does not include:
1723 (i) a bona fide division or partition of agricultural land for agricultural purposes;
1724 (ii) a recorded agreement between owners of adjoining properties adjusting their
1725 mutual boundary if:
1726 (A) no new lot is created; and
1727 (B) the adjustment does not violate applicable land use ordinances;
1728 (iii) a recorded document, executed by the owner of record:
1729 (A) revising the legal description of more than one contiguous unsubdivided parcel of
1730 property into one legal description encompassing all such parcels of property; or

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- 57 - 1731 (B) joining a subdivided parcel of property to another parcel of property that has not
1732 been subdivided, if the joinder does not violate applicable land use ordinances;
1733 (iv) a bona fide division or partition of land in a county other than a first class county
1734 for the purpose of siting, on one or more of the resulting separate parcels:
1735 (A) an unmanned facility appurtenant to a pipeline owned or operated by a gas
1736 corporation, interstate pipeline company, or intrastate pipeline company; or
1737 (B) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1738 utility service regeneration, transformation, retransmission, or amplification facility; or
1739 (v) a recorded agreement between owners of adjoining subdivided properties adjusting
1740 their mutual boundary if:
1741 (A) no new dwelling lot or housing unit will result from the adjustment; and
1742 (B) the adjustment will not violate any applicable land use ordinance.
1743 (d) The joining of a subdivided parcel of property to another parcel of property that has
1744 not been subdivided does not constitute a subdivision under this Subsection (42) as to the
1745 unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
1746 ordinance.
1747 (43) "Township" means a contiguous, geographically defined portion of the
1748 unincorporated area of a county, established under this part or reconstituted or reinstated under
1749 Section 17-27a-306 , with planning and zoning functions as exercised through the township
1750 planning commission, as provided in this chapter, but with no legal or political identity
1751 separate from the county and no taxing authority, except that "township" means a former
1752 township under Chapter 308, Laws of Utah 1996 where the context so indicates.
1753 (44) "Transferrable development right" means the entitlement to develop land within a
1754 sending zone that would vest according to the county's existing land use ordinances on the date
1755 that a completed land use application is filed seeking the approval of development activity on
1756 the land.
1757 (45) "Unincorporated" means the area outside of the incorporated area of a
1758 municipality.
1759 (46) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
1760 land use zones, overlays, or districts.
1761 Section 23. Section 17-52-403 is amended to read:

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- 58 - 1762 17-52-403. Adoption of optional plan -- Effect of adoption.
1763 (1) If a proposed optional plan is approved at an election held under Section
1764 17-52-206 :
1765 (a) the proposed optional plan becomes effective according to its terms and, subject to
1766 Subsection 17-52-401 (1)(c), at the time specified in it, is public record open to inspection by
1767 the public, and is judicially noticeable by all courts;
1768 (b) the county clerk shall, within ten days of the canvass of the election, file with the
1769 lieutenant governor a copy of the optional plan, certified by the clerk to be a true and correct
1770 copy;
1771 (c) all public officers and employees shall cooperate fully in making the transition
1772 between forms of county government; and
1773 (d) the county legislative body may enact and enforce necessary ordinances to bring
1774 about an orderly transition to the new form of government, including any transfer of power,
1775 records, documents, properties, assets, funds, liabilities, or personnel that are consistent with
1776 the approved optional plan and necessary or convenient to place it into full effect.
1777 (2) Adoption of an optional plan changing only the form of county government without
1778 adopting one of the structural forms under Chapter 35b, Part 3, Structural Forms of County
1779 Government, does not alter or affect the boundaries, organization, powers, duties, or functions
1780 of any:
1781 (a) school district;
1782 (b) justice court;
1783 (c) local district under Title 17B, Limited Purpose Local Government Entities - Local
1784 Districts;
1785 (d) special service district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special
1786 Service District Act;
1787 (e) city or town; or
1788 (f) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
1789 Cooperation Act.
1790 (3) After the adoption of an optional plan, the county remains vested with all powers
1791 and duties vested generally in counties by statute.
1792 Section 24. Section 17-50-324 is enacted to read:

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- 59 -

Senate 2nd Reading Amendments 2-25-2008 rd/rhr 1793

17-50-324. Preservation of historical areas and sites.
1794 A county may:
1795 (1) expend public funds to preserve, protect, or enhance an historical area or site;
1796 (2) acquire an historical area or site by direct purchase, contract, lease, trade, or gift;
1 797 (3) obtain an easement or right-of-way across public or private property to S. [insure] ensure .S
1798 access or proper development of an historical area or site;
1799 (4) protect an historical area or site;
1800 (5) ensure proper development and utilization of land or an area adjacent to an
1801 historical area or site; and
1802 (6) enter into an agreement with a private individual for the right to purchase an
1803 historical area or site if and when the private individual elects to sell or dispose of the owner's
1804 property.
1805 Section 25. Section 17-53-311 is amended to read:
1806 17-53-311. Contracting for management, maintenance, operation, or construction
1807 of jails.
1808 (1) (a) With the approval of the sheriff, a county executive may contract with private
1809 contractors for management, maintenance, operation, and construction of county jails.
1810 (b) A county executive may include a provision in the contract that allows use of a
1811 building authority created under the provisions of Title [17A] 17D, Chapter [3, Part 9,
1812 Municipal] 2, Local Building [Authorities] Authority Act, to construct or acquire a jail facility.
1813 (c) A county executive may include a provision in the contract that requires that any
1814 jail facility meet any federal, state, or local standards for the construction of jails.
1815 (2) If a county executive contracts only for the management, maintenance, or operation
1816 of a jail, the county executive shall include provisions in the contract that:
1817 (a) require the private contractor to post a performance bond in the amount set by the
1818 county legislative body;
1819 (b) establish training standards that must be met by jail personnel;
1820 (c) require the private contractor to provide and fund training for jail personnel so that
1821 the personnel meet the standards established in the contract and any other federal, state, or local
1822 standards for the operation of jails and the treatment of jail prisoners;
1823 (d) require the private contractor to indemnify the county for errors, omissions,

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- 60 - 1824 defalcations, and other activities committed by the private contractor that result in liability to
1825 the county;
1826 (e) require the private contractor to show evidence of liability insurance protecting the
1827 county and its officers, employees, and agents from liability arising from the construction,
1828 operation, or maintenance of the jail, in an amount not less than those specified in Title 63,
1829 Chapter 30d, Governmental Immunity Act of Utah;
1830 (f) require the private contractor to:
1831 (i) receive all prisoners committed to the jail by competent authority; and
1832 (ii) provide them with necessary food, clothing, and bedding in the manner prescribed
1833 by the governing body; and
1834 (g) prohibit the use of inmates by the private contractor for private business purposes
1835 of any kind.
1836 (3) A contractual provision requiring the private contractor to maintain liability
1837 insurance in an amount not less than the liability limits established by Title 63, Chapter 30d,
1838 Governmental Immunity Act of Utah, may not be construed as waiving the limitation on
1839 damages recoverable from a governmental entity or its employees established by that chapter.
1840 Section 26. Section 17B-1-102 is amended to read:
1841 17B-1-102. Definitions.
1842 As used in this title:
1843 (1) "Appointing authority" means the person or body authorized to make an
1844 appointment to the board of trustees.
1845 (2) "Basic local district":
1846 (a) means a local district that is not a [cemetery maintenance district, drainage district,
1847 fire protection district, improvement district, irrigation district, metropolitan water district,
1848 mosquito abatement district, public transit district, service area, or water conservancy]
1849 specialized local district; and
1850 (b) includes an entity that was, under the law in effect before April 30, 2007, created
1851 and operated as a local district, as defined under the law in effect before April 30, 2007.
1852 (3) "Bond" means:
1853 (a) a written obligation to repay borrowed money, whether denominated a bond, note,
1854 warrant, certificate of indebtedness, or otherwise; and

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- 61 - 1855 (b) a lease agreement, installment purchase agreement, or other agreement that:
1856 (i) includes an obligation by the district to pay money; and
1857 (ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title
1858 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond
1859 Act.
1860 (4) "Cemetery maintenance district" means a local district that operates under and is
1861 subject to the provisions of this chapter and Chapter 2a, Part 1, Cemetery Maintenance District
1862 Act, including an entity that was created and operated as a cemetery maintenance district under
1863 the law in effect before April 30, 2007.
1864 (5) "Drainage district" means a local district that operates under and is subject to the
1865 provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that
1866 was created and operated as a drainage district under the law in effect before April 30, 2007.
1867 (6) "Facility" or "facilities" includes any structure, building, system, land, water right,
1868 water, or other real or personal property required to provide a service that a local district is
1869 authorized to provide, including any related or appurtenant easement or right-of-way,
1870 improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing.
1871 (7) "Fire protection district" means a local district that operates under and is subject to
1872 the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including an
1873 entity that was created and operated as a fire protection district under the law in effect before
1874 April 30, 2007.
1875 (8) "General obligation bond":
1876 (a) means a bond that is directly payable from and secured by ad valorem property
1877 taxes that are:
1878 (i) levied:
1879 (A) by the district that issues the bond; and
1880 (B) on taxable property within the district; and
1881 (ii) in excess of the ad valorem property taxes of the district for the current fiscal year;
1882 and
1883 (b) does not include:
1884 (i) a short-term bond;
1885 (ii) a tax and revenue anticipation bond; or

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- 62 - 1886 (iii) a special assessment bond.
1887 (9) "Improvement district" means a local district that operates under and is subject to
1888 the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an
1889 entity that was created and operated as a county improvement district under the law in effect
1890 before April 30, 2007.
1891 (10) "Irrigation district" means a local district that operates under and is subject to the
1892 provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that
1893 was created and operated as an irrigation district under the law in effect before April 30, 2007.
1894 (11) "Local district" means a limited purpose local government entity, as described in
1895 Section 17B-1-103 , that operates under, is subject to, and has the powers set forth in:
1896 (a) this chapter; or
1897 (b) (i) this chapter; and
1898 (ii) (A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
1899 (B) Chapter 2a, Part 2, Drainage District Act;
1900 (C) Chapter 2a, Part 3, Fire Protection District Act;
1901 (D) Chapter 2a, Part 4, Improvement District Act;
1902 (E) Chapter 2a, Part 5, Irrigation District Act;
1903 (F) Chapter 2a, Part 6, Metropolitan Water District Act;
1904 (G) Chapter 2a, Part 7, Mosquito Abatement District Act;
1905 (H) Chapter 2a, Part 8, Public Transit District Act;
1906 (I) Chapter 2a, Part 9, Service Area Act; or
1907 (J) Chapter 2a, Part 10, Water Conservancy District Act.
1908 (12) "Metropolitan water district" means a local district that operates under and is
1909 subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District
1910 Act, including an entity that was created and operated as a metropolitan water district under the
1911 law in effect before April 30, 2007.
1912 (13) "Mosquito abatement district" means a local district that operates under and is
1913 subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District
1914 Act, including an entity that was created and operated as a mosquito abatement district under
1915 the law in effect before April 30, 2007.
1916 (14) "Municipal" means of or relating to a municipality.

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- 63 - 1917 (15) "Municipality" means a city or town.
1918 (16) "Person" has the same meaning as defined in Section 68-3-12 .
1919 (17) "Political subdivision" means a county, city, town, local district under this title,
1920 special service district under Title [17A] 17D, Chapter [2] 1, [Part 13, Utah] Special Service
1921 District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13,
1922 Interlocal Cooperation Act, or any other governmental entity designated in statute as a political
1923 subdivision of the state.
1924 (18) "Private," with respect to real property, means not owned by the United States or
1925 any agency of the federal government, the state, a county, or a political subdivision.
1926 (19) "Public entity" means:
1927 (a) the United States or an agency of the United States;
1928 (b) the state or an agency of the state;
1929 (c) a political subdivision of the state or an agency of a political subdivision of the
1930 state;
1931 (d) another state or an agency of that state; or
1932 (e) a political subdivision of another state or an agency of that political subdivision.
1933 (20) "Public transit district" means a local district that operates under and is subject to
1934 the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including an
1935 entity that was created and operated as a public transit district under the law in effect before
1936 April 30, 2007.
1937 (21) "Revenue bond":
1938 (a) means a bond payable from designated taxes or other revenues other than the local
1939 district's ad valorem property taxes; and
1940 (b) does not include:
1941 (i) an obligation constituting an indebtedness within the meaning of an applicable
1942 constitutional or statutory debt limit;
1943 (ii) a tax and revenue anticipation bond; or
1944 (iii) a special assessment bond.
1945 (22) "Service area" means a local district that operates under and is subject to the
1946 provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was
1947 created and operated as a county service area or a regional service area under the law in effect

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- 64 - 1948 before April 30, 2007.
1949 (23) "Short-term bond" means a bond that is required to be repaid during the fiscal year
1950 in which the bond is issued.
1951 (24) "Special assessment" means an assessment levied against property to pay all or a
1952 portion of the costs of making improvements that benefit the property.
1953 (25) "Special assessment bond" means a bond payable from special assessments.
1954 (26) "Specialized local district" means a local district that is a cemetery maintenance
1955 district, a drainage district, a fire protection district, an improvement district, an irrigation
1956 district, a metropolitan water district, a mosquito abatement district, a public transit district, a
1957 service area, or a water conservancy district.
1958 [(26)] (27) "Taxable value" means the taxable value of property as computed from the
1959 most recent equalized assessment roll for county purposes.
1960 [(27)] (28) "Tax and revenue anticipation bond" means a bond:
1961 (a) issued in anticipation of the collection of taxes or other revenues or a combination
1962 of taxes and other revenues; and
1963 (b) that matures within the same fiscal year as the fiscal year in which the bond is
1964 issued.
1965 [(28)] (29) "Unincorporated" means not included within a municipality.
1966 [(29)] (30) "Water conservancy district" means a local district that operates under and
1967 is subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District
1968 Act, including an entity that was created and operated as a water conservancy district under the
1969 law in effect before April 30, 2007.
1970 [(30)] (31) "Works" includes a dam, reservoir, well, canal, conduit, pipeline, drain,
1971 tunnel, power plant, and any facility, improvement, or property necessary or convenient for
1972 supplying or treating water for any beneficial use, and for otherwise accomplishing the
1973 purposes of a local district.
1974 Section 27. Section 17B-1-103 is amended to read:
1975 17B-1-103. Local district status and powers.
1976 (1) A local district:
1977 (a) is:
1978 (i) a body corporate and politic with perpetual succession;

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- 65 - 1979 (ii) a quasi-municipal corporation; and
1980 (iii) a political subdivision of the state; and
1981 (b) may sue and be sued.
1982 (2) A local district may:
1983 (a) acquire, by any lawful means, or lease any real or personal property necessary or
1984 convenient to the full exercise of the district's powers;
1985 (b) acquire, by any lawful means, any interest in real or personal property necessary or
1986 convenient to the full exercise of the district's powers;
1987 (c) transfer an interest in or dispose of any property or interest described in Subsections
1988 (2)(a) and (b);
1989 (d) acquire or construct works, facilities, and improvements necessary or convenient to
1990 the full exercise of the district's powers, and operate, control, maintain, and use those works,
1991 facilities, and improvements;
1992 (e) borrow money and incur indebtedness for any lawful district purpose;
1993 (f) issue bonds, including refunding bonds:
1994 (i) for any lawful district purpose; and
1995 (ii) as provided in and subject to Part [10] 11, Local District Bonds;
1996 (g) levy and collect property taxes:
1997 (i) for any lawful district purpose or expenditure, including to cover a deficit resulting
1998 from tax delinquencies in a preceding year; and
1999 (ii) as provided in and subject to Part 10, Local District Property Tax Levy;
2000 (h) as provided in Title 78, Chapter 34, Eminent Domain, acquire by eminent domain
2001 property necessary to the exercise of the district's powers;
2002 (i) invest money as provided in Title 51, Chapter 7, State Money Management Act;
2003 (j) (i) impose fees or other charges for commodities, services, or facilities provided by
2004 the district, to pay some or all of the district's costs of providing the commodities, services, and
2005 facilities, including the costs of:
2006 (A) maintaining and operating the district;
2007 (B) acquiring, purchasing, constructing, improving, or enlarging district facilities;
2008 (C) issuing bonds and paying debt service on district bonds; and
2009 (D) providing a reserve established by the board of trustees; and

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- 66 - 2010 (ii) take action the board of trustees considers appropriate and adopt regulations to
2011 assure the collection of all fees and charges that the district imposes;
2012 (k) if applicable, charge and collect a fee to pay for the cost of connecting a customer's
2013 property to district facilities in order for the district to provide service to the property;
2014 (l) enter into a contract that the local district board of trustees considers necessary,
2015 convenient, or desirable to carry out the district's purposes, including a contract:
2016 (i) with the United States or any department or agency of the United States;
2017 (ii) to indemnify and save harmless; or
2018 (iii) to do any act to exercise district powers;
2019 (m) purchase supplies, equipment, and materials;
2020 (n) encumber district property upon terms and conditions that the board of trustees
2021 considers appropriate;
2022 (o) exercise other powers and perform other functions that are provided by law;
2023 (p) construct and maintain works and establish and maintain facilities, including works
2024 or facilities:
2025 (i) across or along any public street or highway, subject to Subsection (3) and if the
2026 district:
2027 (A) promptly restores the street or highway, as much as practicable, to its former state
2028 of usefulness; and
2029 (B) does not use the street or highway in a manner that completely or unnecessarily
2030 impairs the usefulness of it;
2031 (ii) in, upon, or over any vacant public lands that are or become the property of the
2032 state, including school and institutional trust lands, as defined in Section 53C-1-103 , if the
2033 director of the School and Institutional Trust Lands Administration, acting under Sections
2034 53C-1-102 and 53C-1-303 , consents; or
2035 (iii) across any stream of water or watercourse, subject to Section 73-3-29 ;
2036 (q) perform any act or exercise any power reasonably necessary for the efficient
2037 operation of the local district in carrying out its purposes;
2038 (r) designate an assessment area and levy an assessment on land within the assessment
2039 area, as provided in Title 11, Chapter 42, Assessment Area Act;
2040 (s) contract with another political subdivision of the state to allow the other political

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- 67 - 2041 subdivision to use the district's surplus water or capacity [of] or have an ownership interest in
2042 the district's works or facilities, upon the terms and for the consideration, whether monetary or
2043 nonmonetary consideration or no consideration, that the district's board of trustees considers to
2044 be in the best interests of the district and the public; and
2045 (t) [contract with another political subdivision of the state or with a public or private
2046 owner of property on which the district has a right-of-way to allow the political subdivision or
2047 owner to use the surface of the land on which the district has a right-of-way,] upon the terms
2048 and for the consideration, whether monetary or nonmonetary consideration or no consideration,
2049 that the district's board of trustees considers to be in the best interests of the district and the
2050 public[.], agree:
2051 (i) with:
2052 (A) another political subdivision of the state; or
2053 (B) a public or private owner of property:
2054 (I) on which the district has a right-of-way; or
2055 (II) adjacent to which the district owns fee title to property; and
2056 (ii) to allow the use of property:
2057 (A) owned by the district; or
2058 (B) on which the district has a right-of-way.
2059 (3) With respect to a local district's use of a street or highway, as provided in
2060 Subsection (2)(p)(i):
2061 (a) the district shall comply with the reasonable rules and regulations of the
2062 governmental entity, whether state, county, or municipal, with jurisdiction over the street or
2063 highway, concerning:
2064 (i) an excavation and the refilling of an excavation;
2065 (ii) the relaying of pavement; and
2066 (iii) the protection of the public during a construction period; and
2067 (b) the governmental entity, whether state, county, or municipal, with jurisdiction over
2068 the street or highway:
2069 (i) may not require the district to pay a license or permit fee or file a bond; and
2070 (ii) may require the district to pay a reasonable inspection fee.
2071 (4) (a) A local district may:

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- 68 - 2072 (i) acquire, lease, or construct and operate electrical generation, transmission, and
2073 distribution facilities, if:
2074 (A) the purpose of the facilities is to harness energy that results inherently from the
2075 district's:
2076 (I) operation of a project or facilities that the district is authorized to operate; or
2077 (II) providing a service that the district is authorized to provide;
2078 (B) the generation of electricity from the facilities is incidental to the primary
2079 operations of the district; and
2080 (C) operation of the facilities will not hinder or interfere with the primary operations of
2081 the district;
2082 (ii) (A) use electricity generated by the facilities; or
2083 (B) subject to Subsection (4)(b), sell electricity generated by the facilities to an electric
2084 utility or municipality with an existing system for distributing electricity.
2085 (b) A district may not act as a retail distributor or seller of electricity.
2086 (c) Revenue that a district receives from the sale of electricity from electrical
2087 generation facilities it owns or operates under this section may be used for any lawful district
2088 purpose, including the payment of bonds issued to pay some or all of the cost of acquiring or
2089 constructing the facilities.
2090 (5) A local district may adopt and, after adoption, alter a corporate seal.
2091 Section 28. Section 17B-1-202 is amended to read:
2092 17B-1-202. Local district may be created -- Services that may be provided --
2093 Limitations.
2094 (1) (a) A local district may be created as provided in this part to provide within its
2095 boundaries service consisting of:
2096 (i) the operation of an airport;
2097 (ii) the operation of a cemetery;
2098 (iii) fire protection, paramedic, and emergency services;
2099 (iv) garbage collection and disposal;
2100 (v) health care, including health department or hospital service;
2101 (vi) the operation of a library;
2102 (vii) abatement or control of mosquitos and other insects;

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- 69 - 2103 (viii) the operation of parks or recreation facilities or services;
2104 (ix) the operation of a sewage system;
2105 (x) street lighting;
2106 (xi) the construction and maintenance of curb, gutter, and sidewalk;
2107 (xii) transportation, including public transit and providing streets and roads;
2108 (xiii) the operation of a system, or one or more components of a system, for the
2109 collection, storage, retention, control, conservation, treatment, supplying, distribution, or
2110 reclamation of water, including storm, flood, sewage, irrigation, and culinary water, whether
2111 the system is operated on a wholesale or retail level or both;
2112 (xiv) extended police protection; or
2113 (xv) subject to Subsection (1)(b), the underground installation of an electric utility line
2114 or the conversion to underground of an existing electric utility line.
2115 (b) Each local district that provides the service of the underground installation of an
2116 electric utility line or the conversion to underground of an existing electric utility line shall, in
2117 installing or converting the line, provide advance notice to and coordinate with the utility that
2118 owns the line.
2119 (2) For purposes of this section:
2120 (a) "Operation" means all activities involved in providing the indicated service
2121 including acquisition and ownership of property reasonably necessary to provide the indicated
2122 service and acquisition, construction, and maintenance of facilities and equipment reasonably
2123 necessary to provide the indicated service.
2124 (b) "System" means the aggregate of interrelated components that combine together to
2125 provide the indicated service including, for a sewage system, collection and treatment.
2126 (3) (a) A local district may not be created to provide and may not after its creation
2127 provide more than [two] four of the services listed in Subsection (1).
2128 (b) Subsection (3)(a) may not be construed to prohibit a local district from providing
2129 more than [two] four services if, before April 30, 2007, the local district was authorized to
2130 provide those services.
2131 (4) (a) Except as provided in Subsection (4)(b), a local district may not be created to
2132 provide and may not after its creation provide to an area the same service already being
2133 provided to that area by another political subdivision, unless the other political subdivision

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- 70 - 2134 gives its written consent.
2135 (b) For purposes of Subsection (4)(a), a local district does not provide the same service
2136 as another political subdivision if it operates a component of a system that is different from a
2137 component operated by another political subdivision but within the same:
2138 (i) sewage system; or
2139 (ii) water system.
2140 (5) (a) Except for a local district in the creation of which an election is not required
2141 under Subsection 17B-1-214 (3)(c), the area of a local district may include all or part of the
2142 unincorporated area of one or more counties and all or part of one or more municipalities.
2143 (b) The area of a local district need not be contiguous.
2144 (6) For a local district created before May 5, 2008, the authority to provide fire
2145 protection service also includes the authority to provide:
2146 (a) paramedic service; and
2147 (b) emergency service, including hazardous materials response service.
2148 Section 29. Section 17B-1-203 is amended to read:
2149 17B-1-203. Process to initiate the creation of a local district -- Petition or
2150 resolution.
2151 (1) The process to create a local district may be initiated by:
2152 (a) subject to Section 17B-1-204 , a petition signed by the owners of private real
2153 property that:
2154 (i) is located within the proposed local district;
2155 (ii) covers at least 33% of the total private land area within the proposed local district
2156 as a whole and within each applicable area;
2157 (iii) is equal in value to at least 25% of the value of all private real property within the
2158 proposed local district as a whole and within each applicable area; and
2159 (iv) complies with the requirements of Subsection 17B-1-205 (1) and Section
2160 17B-1-208 ;
2161 (b) subject to Section 17B-1-204 , a petition that:
2162 (i) is signed by registered voters residing within the proposed local district as a whole
2163 and within each applicable area, equal in number to at least 33% of the number of votes cast in
2164 the proposed local district as a whole and in each applicable area, respectively, for the office of

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- 71 - 2165 governor at the last regular general election prior to the filing of the petition; and
2166 (ii) complies with the requirements of Subsection 17B-1-205 (1) and Section
2167 17B-1-208 ;
2168 (c) a resolution proposing the creation of a local district, adopted by the legislative
2169 body of each county whose unincorporated area includes and each municipality whose
2170 boundaries include any of the proposed local district; or
2171 (d) a resolution proposing the creation of a local district, adopted by the board of
2172 trustees of an existing local district whose boundaries completely encompass the proposed
2173 local district, if:
2174 (i) the proposed local district is being created to provide one or more components of
2175 the same service that the initiating local district is authorized to provide; and
2176 (ii) the initiating local district is not providing to the area of the proposed local district
2177 any of the components that the proposed local district is being created to provide.
2178 (2) (a) Each resolution under Subsection (1)(c) or (d) shall:
2179 (i) describe the area proposed to be included in the proposed local district;
2180 (ii) be accompanied by a map that shows the boundaries of the proposed local district;
2181 (iii) describe the service proposed to be provided by the proposed local district;
2182 (iv) if the resolution proposes the creation of a specialized local district, specify the
2183 type of specialized local district proposed to be created;
2184 [(iv)] (v) explain the anticipated method of paying the costs of providing the proposed
2185 service;
2186 [(v)] (vi) state the estimated average financial impact on a household within the
2187 proposed local district;
2188 [(vi)] (vii) state the number of members that the board of trustees of the proposed local
2189 district will have, consistent with the requirements of Subsection 17B-1-302 (2);
2190 [(vii)] (viii) for a proposed basic local district:
2191 (A) state whether the members of the board of trustees will be elected or appointed or
2192 whether some members will be elected and some appointed, as provided in Section
2193 17B-1-1402 ;
2194 (B) if one or more members will be elected, state the basis upon which each elected
2195 member will be elected; and

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- 72 - 2196 (C) if applicable, explain how the election or appointment of board members will
2197 transition from one method to another based on stated milestones or events, as provided in
2198 Section 17B-1-1402 ;
2199 [(viii)] (ix) for a proposed improvement district whose remaining area members or
2200 county members, as those terms are defined in Section 17B-2a-404 , are to be elected, state that
2201 those members will be elected; and
2202 [(ix)] (x) for a proposed service area that is entirely within the unincorporated area of a
2203 single county, state whether the initial board of trustees will be:
2204 (A) the county legislative body;
2205 (B) appointed as provided in Section 17B-1-304 ; or
2206 (C) elected as provided in Section 17B-1-306 .
2207 (b) Each county or municipal legislative body adopting a resolution under Subsection
2208 (1)(c) shall, on or before the first public hearing under Section 17B-1-210 , mail or deliver a
2209 copy of the resolution to the responsible body if the county or municipal legislative body's
2210 resolution is one of multiple resolutions adopted by multiple county or municipal legislative
2211 bodies proposing the creation of the same local district.
2212 Section 30. Section 17B-1-205 is amended to read:
2213 17B-1-205. Petition and request requirements -- Withdrawal of signature.
2214 (1) Each petition and request shall:
2215 (a) indicate the typed or printed name and current residence address of each property
2216 owner or registered voter signing the petition;
2217 (b) if it is a property owner request or petition, indicate the address of the property as to
2218 which the owner is signing the request or petition;
2219 (c) describe the entire area of the proposed local district;
2220 (d) be accompanied by a map showing the boundaries of the entire proposed local
2221 district;
2222 (e) specify the service proposed to be provided by the proposed local district;
2223 (f) if the petition or request proposes the creation of a specialized local district, specify
2224 the type of specialized local district proposed to be created;
2225 [(f)] (g) for a proposed basic local district:
2226 (i) state whether the members of the board of trustees will be elected or appointed or

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- 73 - 2227 whether some members will be elected and some appointed, as provided in Section
2228 17B-1-1402 ;
2229 (ii) if one or more members will be elected, state the basis upon which each elected
2230 member will be elected; and
2231 (iii) if applicable, explain how the election or appointment of board members will
2232 transition from one method to another based on stated milestones or events, as provided in
2233 Section 17B-1-1402 ;
2234 [(g)] (h) for a proposed improvement district whose remaining area members or county
2235 members, as those terms are defined in Section 17B-2a-404 , are to be elected, state that those
2236 members will be elected; and
2237 [(h)] (i) for a proposed service area that is entirely within the unincorporated area of a
2238 single county, state whether the initial board of trustees will be:
2239 (i) the county legislative body;
2240 (ii) appointed as provided in Section 17B-1-304 ; or
2241 (iii) elected as provided in Section 17B-1-306 ; and
2242 [(i)] (j) designate up to five signers of the petition or request as sponsors, one of whom
2243 shall be designated as the contact sponsor, with the mailing address and telephone number of
2244 each.
2245 (2) A signer of a request or petition may withdraw or, once withdrawn, reinstate the
2246 signer's signature at any time before the filing of the request or petition by filing a written
2247 withdrawal or reinstatement with:
2248 (a) in the case of a request:
2249 (i) the clerk of the county or the clerk or recorder of the municipality in whose
2250 applicable area the signer's property is located, if the request is a property owner request; or
2251 (ii) the clerk of the county or the clerk or recorder of the municipality in whose
2252 applicable area the signer resides, if the request is a registered voter request; or
2253 (b) in the case of a petition, the responsible clerk.
2254 Section 31. Section 17B-1-215 is amended to read:
2255 17B-1-215. Notice to lieutenant governor -- Certificate of incorporation -- Local
2256 district incorporated as specialized local district or basic local district.
2257 (1) The responsible body shall file a notice with the lieutenant governor within ten days

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- 74 - 2258 after:
2259 (a) the canvass of an election under Section 17B-1-214 , if a majority of those voting at
2260 the election within the proposed local district as a whole vote in favor of the creation of a local
2261 district;
2262 (b) certification of a petition as to which the election requirement of Subsection
2263 17B-1-214 (1) does not apply because of Subsection 17B-1-214 (3)(a) or (b); or
2264 (c) adoption of a resolution under Subsection 17B-1-213 (4) approving the creation of a
2265 local district for which an election was not required under Subsection 17B-1-214 (3)(c) or (d),
2266 by the legislative body of each county whose unincorporated area is included within and the
2267 legislative body of each municipality whose area is included within the proposed local district,
2268 or by the board of trustees of the initiating local district.
2269 (2) The area of each local district shall consist of:
2270 (a) if an election was held under Section 17B-1-214 , the area of the new local district
2271 as approved at the election;
2272 (b) if an election was not required because of Subsection 17B-1-214 (3)(a) or (b), the
2273 area of the proposed local district as described in the petition; or
2274 (c) if an election was not required because of Subsection 17B-1-214 (3)(c) or (d), the
2275 area of the new local district as described in the resolution adopted under Subsection
2276 17B-1-213 (4).
2277 (3) In each notice under Subsection (1) the responsible body shall:
2278 (a) if the notice follows an election under Section 17B-1-214 , certify the results of the
2279 election;
2280 (b) describe the boundaries of the new local district with an accurate map or plat
2281 showing the boundaries delineated in Subsection (2), prepared and certified by a licensed
2282 surveyor and filed with the county surveyor in accordance with Section 17-23-17 ; and
2283 (c) certify that all requirements for the creation of a local district have been complied
2284 with.
2285 (4) Upon the lieutenant governor's issuance of the certificate of creation under Section
2286 67-1a-6.5 , the local district is created and incorporated[.] as:
2287 (a) the type of specialized local district that was specified in the petition under
2288 Subsection 17B-1-203 (1)(a) or (b) or resolution under Subsection 17B-1-203 (1)(c) or (d), if the

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- 75 - 2289 petition or resolution proposed the creation of a specialized local district; or
2290 (b) a basic local district, if the petition or resolution did not propose the creation of a
2291 specialized local district.
2292 Section 32. Section 17B-1-302 is amended to read:
2293 17B-1-302. Board member qualifications -- Number of board members.
2294 (1) (a) Each member of a local district board of trustees shall be:
2295 (i) a registered voter at the location of the member's residence; and
2296 (ii) except as provided in Subsections (1)(b) and (c), a resident within:
2297 (A) the boundaries of the local district; and
2298 (B) if applicable, the boundaries of the division of the local district from which the
2299 member is elected.
2300 (b) (i) As used in this Subsection (1)(b):
2301 (A) "Proportional number" means the number of members of a board of trustees that
2302 bears, as close as mathematically possible, the same proportion to all members of the board that
2303 the number of seasonally occupied homes bears to all residences within the district that receive
2304 service from the district.
2305 (B) "Seasonally occupied home" means a single-family residence:
2306 (I) that is located within the local district;
2307 (II) that receives service from the local district; and
2308 (III) whose owner:
2309 (Aa) does not reside permanently at the residence; and
2310 (Bb) may occupy the residence on a temporary or seasonal basis.
2311 (ii) If over 50% of the residences within a local district that receive service from the
2312 local district are seasonally occupied homes, the requirement under Subsection (1)(a)(ii) is
2313 replaced, for a proportional number of members of the board of trustees, with the requirement
2314 that the member be an owner of land, or an agent or officer of the owner of land, that:
2315 (A) receives service from the district; and
2316 (B) is located within:
2317 (I) the local district; and
2318 (II) if applicable, the division from which the member is elected.
2319 (c) For a board of trustees member in a basic local district that has within its

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- 76 - 2320 boundaries fewer than one residential dwelling unit per ten acres of land, the requirement under
2321 Subsection (1)(a)(ii) is replaced with the requirement that the member be an owner of land
2322 within the local district that receives service from the district, or an agent or officer of the
2323 owner.
2324 (2) Except as otherwise provided by statute, the number of members of each board of
2325 trustees of a local district shall be an odd number that is no less than three [and no more than
2326 nine].
2327 (3) For a newly created local district, the number of members of the initial board of
2328 trustees shall be the number specified:
2329 (a) for a local district whose creation was initiated by a petition under Subsection
2330 17B-1-203 (1)(a) or (b), in the petition; or
2331 (b) for a local district whose creation was initiated by a resolution under Subsection
2332 17B-1-203 (1)(c) or (d), in the resolution.
2333 (4) (a) For an existing local district, the number of members of the board of trustees
2334 may be changed by a two-thirds vote of the board of trustees.
2335 (b) No change in the number of members of a board of trustees under Subsection (4)(a)
2336 may:
2337 (i) violate Subsection (2); or
2338 (ii) serve to shorten the term of any member of the board.
2339 Section 33. Section 17B-1-303 is amended to read:
2340 17B-1-303. Term of board of trustees members -- Oath of office -- Bond.
2341 (1) (a) Except as provided in Subsection (1)(b), the term of each member of a board of
2342 trustees shall begin at noon on the [first Monday of] January 1 following the member's election
2343 or appointment.
2344 (b) The term of each member of the initial board of trustees of a newly created local
2345 district shall begin:
2346 (i) upon appointment, for an appointed member; and
2347 (ii) upon the member taking the oath of office after the canvass of the election at which
2348 the member is elected, for an elected member.
2349 (2) (a) (i) Subject to Subsection (2)(a)(ii), the term of each member of a board of
2350 trustees shall be four years, except that approximately half the members of the initial board of

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- 77 - 2351 trustees, chosen by lot, shall serve a two-year term so that the term of approximately half the
2352 board members expires every two years.
2353 (ii) (A) If the terms of members of the initial board of trustees of a newly created local
2354 district do not begin on the first Monday of January because of application of Subsection
2355 (1)(b), the terms of those members shall be adjusted as necessary, subject to Subsection
2356 (2)(a)(ii)(B), to result in the terms of their successors complying with:
2357 (I) the requirement under Subsection (1)(a) for a term to begin on the first Monday of
2358 January; and
2359 (II) the requirement under Subsection (2)(a)(i) that terms be four years.
2360 (B) An adjustment under Subsection (2)(a)(ii)(A) may not add more than a year to or
2361 subtract more than a year from a member's term.
2362 (b) Each board of trustees member shall serve until a successor is duly elected or
2363 appointed and qualified, unless the member earlier is removed from office or resigns or
2364 otherwise leaves office.
2365 (c) If a member of a board of trustees no longer meets the qualifications of Subsection
2366 17B-1-302 (1):
2367 (i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
2368 (ii) the member may continue to serve until a successor is duly elected or appointed
2369 and qualified.
2370 (3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
2371 shall take the oath of office specified in Utah Constitution Article IV, Section 10.
2372 (ii) An oath of office may be administered by a judge, county clerk, notary public, or
2373 the local district clerk.
2374 (b) Each oath of office shall be filed with the clerk of the local district.
2375 [(b)] (c) The failure of a board of trustees member to take the oath required by
2376 Subsection (3)(a) does not invalidate any official act of that member.
2377 (4) A board of trustees member is not limited in the number of terms the member may
2378 serve.
2379 (5) Except as provided in Subsection (6), each midterm vacancy in a board of trustees
2380 position shall be filled as provided in Section 20A-1-512 .
2381 (6) (a) For purposes of this Subsection (6):

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- 78 - 2382 (i) "Appointed official" means a person who:
2383 (A) is appointed as a member of a local district board of trustees by a county or
2384 municipality entitled to appoint a member to the board; and
2385 (B) holds an elected position with the appointing county or municipality.
2386 (ii) "Appointing entity" means the county or municipality that appointed the appointed
2387 official to the board of trustees.
2388 (b) The board of trustees shall declare a midterm vacancy for the board position held
2389 by an appointed official if:
2390 (i) during the appointed official's term on the board of trustees, the appointed official
2391 ceases to hold the elected position with the appointing entity; and
2392 (ii) the appointing entity submits a written request to the board to declare the vacancy.
2393 (c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
2394 appointing entity shall appoint another person to fill the remaining unexpired term on the board
2395 of trustees.
2396 (7) (a) Each member of a board of trustees shall give a bond for the faithful
2397 performance of the member's duties, in the amount and with the sureties prescribed by the
2398 board of trustees.
2399 (b) The local district shall pay the cost of each bond required under Subsection (7)(a).
2400 Section 34. Section 17B-1-306 is amended to read:
2401 17B-1-306. Local district board -- Election procedures.
2402 (1) Except as provided in Subsection (11), each elected board member shall be selected
2403 as provided in this section.
2404 (2) (a) Each election of a local district board member shall be held:
2405 (i) [in conjunction with] at the same time as the municipal general election; and
2406 (ii) at polling places designated by the clerk of each county in which the local district is
2407 located.
2408 (b) (i) Subject to Subsections (4)(f) and (g), the number of polling places under
2409 Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
2410 polling place per division of the district, designated by the district board.
2411 (ii) Each polling place designated by an irrigation district board under Subsection
2412 (2)(b)(i) shall coincide with a polling place designated by the county clerk under Subsection

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- 79 - 2413 (2)(a)(ii).
2414 (3) (a) The clerk of each local district with a board member position to be filled at the
2415 next municipal general election shall provide notice of:
2416 (i) each elective position of the local district to be filled at the next municipal general
2417 election;
2418 (ii) the constitutional and statutory qualifications for each position; and
2419 (iii) the dates and times for filing a declaration of candidacy.
2420 (b) The notice required under Subsection (3)(a) shall be:
2421 (i) posted in at least five public places within the local district at least ten days before
2422 the first day for filing a declaration of candidacy; or
2423 (ii) published in a newspaper of general circulation within the local district at least
2424 three but no more than ten days before the first day for filing a declaration of candidacy.
2425 (4) (a) To become a candidate for an elective local district board position, the
2426 prospective candidate shall file a declaration of candidacy in person with the local district,
2427 during office hours and not later than 5 p.m. between July 15 and August 15 of any
2428 odd-numbered year.
2429 (b) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5
2430 p.m. on the following Monday.
2431 (c) (i) Before the filing officer may accept any declaration of candidacy, the filing
2432 officer shall:
2433 (A) read to the prospective candidate the constitutional and statutory qualification
2434 requirements for the office that the candidate is seeking; and
2435 (B) require the candidate to state whether or not the candidate meets those
2436 requirements.
2437 (ii) If the prospective candidate does not meet the qualification requirements for the
2438 office, the filing officer may not accept the declaration of candidacy.
2439 (iii) If it appears that the prospective candidate meets the requirements of candidacy,
2440 the filing officer shall accept the declaration of candidacy.
2441 (d) The declaration of candidacy shall substantially comply with the following form:
2442 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
2443 ____________, City of ________________, County of ________________, State of Utah,

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- 80 - 2444 (Zip Code) ______, (Telephone Number, if any)____________; that I meet the qualifications
2445 for the office of board of trustees member for _______________________ (state the name of
2446 the local district); that I am a candidate for that office to be voted upon at the November
2447 municipal general election to be held on Tuesday, the ______ day of November, ____, and I
2448 hereby request that my name be printed upon the official ballot for that election.
2449 (Signed) _________________________________________
2450 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
2451 of ____________, ____.
2452 (Signed) ________________________
2453 (Clerk or Notary Public)"
2454 (e) Each person wishing to become a valid write-in candidate for an elective local
2455 district board position is governed by Section 20A-9-601 .
2456 (f) If at least one person does not file a declaration of candidacy as required by this
2457 section, a person shall be appointed to fill that board position by following the procedures and
2458 requirements for appointment established in Section 20A-1-512 .
2459 (g) If only one candidate files a declaration of candidacy for a position on the board of
2460 an irrigation district, the board need not hold an election for that position and may appoint that
2461 candidate to the board.
2462 (5) There shall be no primary election.
2463 (6) (a) Except as provided in Subsection (6)(c), the local district clerk shall certify the
2464 candidate names to the clerk of each county in which the local district is located no later than
2465 August 20 of the municipal election year.
2466 (b) (i) Except as provided in Subsection (6)(c), the clerk of each county in which the
2467 local district is located shall coordinate the placement of the name of each candidate for local
2468 district office in the nonpartisan section of the municipal general election ballot with the
2469 municipal election clerk.
2470 (ii) If consolidation of the local district election ballot with the municipal general
2471 election ballot is not feasible, the county clerk shall provide for a separate local district election
2472 ballot to be administered by separate election judges at polling locations designated by the
2473 county clerk in consultation with the local district.
2474 (c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board

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- 81 - 2475 of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
2476 (ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shall
2477 prescribe the form of the ballot for each board member election.
2478 (B) Each ballot for an election of an irrigation district board member shall be in a
2479 nonpartisan format.
2480 (7) (a) Each voter at an election for a board of trustees member of a local district shall:
2481 (i) be a registered voter within the district, except for an election of:
2482 (A) an irrigation district board of trustees member; or
2483 (B) a basic local district board of trustees member who is elected by property owners;
2484 and
2485 (ii) meet the requirements to vote established by the district.
2486 (b) Each voter may vote for as many candidates as there are offices to be filled.
2487 (c) The candidates who receive the highest number of votes are elected.
2488 (8) Except as otherwise provided by this section, the election of local district board
2489 members is governed by Title 20A, Election Code.
2490 (9) (a) A person elected to serve on a local district board shall serve a four-year term,
2491 beginning at noon on the January 1 after the person's election.
2492 (b) A person elected shall be sworn in as soon as practical after January 1.
2493 (10) (a) Except as provided in Subsection (10)(b), each local district shall reimburse
2494 the county holding an election under this section for the costs of the election attributable to that
2495 local district.
2496 (b) Each irrigation district shall bear its own costs of each election it holds under this
2497 section.
2498 (11) This section does not apply to an improvement district that provides electric or gas
2499 service.
2500 (12) The provisions of Title 20A, Chapter 3, Part 3, Early Voting, do not apply to an
2501 election under this section.
2502 Section 35. Section 17B-1-306.5 , which is renumbered from Section 17B-2a-906 is
2503 renumbered and amended to read:
2504 [17B-2a-906]. 17B-1-306.5. Dividing a local district into divisions.
2505 (1) Subject to Subsection (2), the board of trustees of a [service area] local district may,

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- 82 - 2506 upon a vote of two-thirds of the members of the board, divide the [service area] local district
2507 into divisions so that some or all of the members of the board of trustees may be elected by
2508 division rather than at large.
2509 (2) Before dividing a [service area] local district into divisions under Subsection (1) or
2510 before changing the boundaries of divisions already established, the board of trustees shall:
2511 (a) prepare a proposal that describes the boundaries of the proposed divisions; and
2512 (b) hold a public hearing at which any interested person may appear and speak for or
2513 against the proposal.
2514 (3) (a) The board of trustees shall review the division boundaries at least every ten
2515 years.
2516 (b) Except for changes in the divisions necessitated by annexations to or withdrawals
2517 from the [service area] local district, the boundaries of divisions established under Subsection
2518 (1) may not be changed more often than every five years.
2519 (c) Changes to the boundaries of divisions already established under Subsection (1) are
2520 not subject to the two-thirds vote requirement of Subsection (1).
2521 Section 36. Section 17B-1-312 is amended to read:
2522 17B-1-312. Training for board members.
2523 (1) Each member of a board of trustees of a local district, elected or appointed on or
2524 after May 3, 1999, should, within one year after taking office, complete the training described
2525 in Subsection (2).
2526 (2) In conjunction with the Utah Association of Special Districts, the state auditor
2527 shall:
2528 (a) develop a training curriculum for the members of local district boards; and
2529 (b) with the assistance of other state offices and departments the state auditor considers
2530 appropriate and at times and locations established by the state auditor, carry out the training of
2531 members of local district boards.
2532 (3) (a) A local district board of trustees may compensate each member of the board up
2533 to $100 per day for each day of training described in Subsection (2) that the member completes.
2534 (b) The per diem amount authorized under Subsection (3)(a) is in addition to all other
2535 amounts of compensation and expense reimbursement authorized under this chapter.
2536 (c) A board of trustees may not pay compensation under Subsection (3)(a) to any board

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- 83 - 2537 member more than once [in any consecutive two-year period] per year.
2538 (4) The state auditor shall issue a certificate of completion to each board member that
2539 completes the training described in Subsection (2).
2540 Section 37. Section 17B-1-643 is amended to read:
2541 17B-1-643. Imposing or increasing a fee for service provided by local district.
2542 (1) (a) Before imposing a new fee or increasing an existing fee for a service provided
2543 by a local district, each local district board of trustees shall first hold a public hearing at which
2544 any interested person may speak for or against the proposal to impose a fee or to increase an
2545 existing fee.
2546 (b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
2547 no earlier than 6 p.m.
2548 (c) A public hearing required under this Subsection (1) may be combined with a public
2549 hearing on a tentative budget required under Section 17B-1-610 .
2550 (d) Except to the extent that this section imposes more stringent notice requirements,
2551 the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act,
2552 in holding the public hearing under Subsection (1)(a).
2553 (2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
2554 provided in Subsection (2)(b)(i) or (ii).
2555 (b) (i) (A) The notice required under Subsection (2)(a) shall be published in a
2556 newspaper or combination of newspapers of general circulation in the local district, if there is a
2557 newspaper or combination of newspapers of general circulation in the local district.
2558 (B) The notice shall be no less than 1/4 page in size and the type used shall be no
2559 smaller than 18 point, and surrounded by a 1/4-inch border.
2560 (C) The notice may not be placed in that portion of the newspaper where legal notices
2561 and classified advertisements appear.
2562 (D) It is legislative intent that, whenever possible, the advertisement appear in a
2563 newspaper that is published at least one day per week.
2564 (E) It is further the intent of the Legislature that the newspaper or combination of
2565 newspapers selected be of general interest and readership in the local district, and not of limited
2566 subject matter.
2567 (F) The notice shall be run once each week for the two weeks preceding the hearing.

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- 84 - 2568 (G) The notice shall state that the local district board intends to impose or increase a
2569 fee for a service provided by the local district and will hold a public hearing on a certain day,
2570 time, and place fixed in the notice, which shall be not less than seven days after the day the first
2571 notice is published, for the purpose of hearing comments regarding the proposed imposition or
2572 increase of a fee and to explain the reasons for the proposed imposition or increase.
2573 (ii) (A) If there is no newspaper or combination of newspapers of general circulation in
2574 the local district, the local district board shall post at least one notice per 1,000 population
2575 within the local district, at places within the local district that are most likely to provide actual
2576 notice to residents within the local district.
2577 (B) Each notice under Subsection (2)(b)(ii)(A) shall comply with Subsection
2578 (2)(b)(i)(G).
2579 (c) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
2580 trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
2581 within the district who:
2582 (A) will be charged the fee for a district service, if the fee is being imposed for the first
2583 time; or
2584 (B) are being charged a fee, if the fee is proposed to be increased.
2585 (ii) Each notice under Subsection (2)(c)(i) shall comply with Subsection (2)(b)(i)(G).
2586 (iii) A notice under Subsection (2)(c)(i) may accompany a district bill for an existing
2587 fee.
2588 (d) If the hearing required under this section is combined with the public hearing
2589 required under Section 17B-1-610 , the notice requirement under this Subsection (2) is satisfied
2590 if a notice that meets the requirements of Subsection (2)(b)(i)(G) is combined with the notice
2591 required under Section 17B-1-609 .
2592 (e) Proof that notice was given as provided in Subsection (2)(b) or (c) is prima facie
2593 evidence that notice was properly given.
2594 (f) If no challenge is made to the notice given of a hearing required by Subsection (1)
2595 within 30 days after the date of the hearing, the notice is considered adequate and proper.
2596 (3) After holding a public hearing under Subsection (1), a local district board may:
2597 (a) impose the new fee or increase the existing fee as proposed;
2598 (b) adjust the amount of the proposed new fee or the increase of the existing fee and

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- 85 - 2599 then impose the new fee or increase the existing fee as adjusted; or
2600 (c) decline to impose the new fee or increase the existing fee.
2601 (4) This section applies to each new fee imposed and each increase of an existing fee
2602 that occurs on or after July 1, 1998.
2603 (5) (a) This section does not apply to an impact fee.
2604 (b) The imposition or increase of an impact fee is governed by Title 11, Chapter 36,
2605 Impact Fees Act.
2606 Section 38. Section 17B-1-1002 is amended to read:
2607 17B-1-1002. Limit on local district property tax levy -- Exclusions.
2608 (1) The rate at which a local district levies a property tax for district operation and
2609 maintenance expenses on the taxable value of taxable property within the district may not
2610 exceed:
2611 (a) .0008, for a basic local district;
2612 (b) .0004, for a cemetery maintenance district;
2613 (c) .0004, for a drainage district;
2614 (d) .0008, for a fire protection district;
2615 (e) .0008, for an improvement district;
2616 (f) .0005, for a metropolitan water district;
2617 (g) .0004, for a mosquito abatement district;
2618 (h) .0004, for a public transit district;
2619 (i) (i) .0023, for a service area that:
2620 (A) is located in a county of the first or second class; and
2621 (B) provides fire protection, paramedic, and emergency services; or
2622 (ii) .0014, for each other service area; or
2623 (j) the rates provided in Section 17B-2a-1006 , for a water conservancy district.
2624 (2) Property taxes levied by a local district are excluded from the limit applicable to
2625 that district under Subsection (1) if the taxes are:
2626 (a) levied under Section 17B-1-1103 by a local district, other than a water conservancy
2627 district, to pay principal of and interest on general obligation bonds issued by the district;
2628 (b) levied to pay debt and interest owed to the United States; or
2629 (c) levied to pay assessments or other amounts due to a water users association or other

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- 86 - 2630 public cooperative or private entity from which the district procures water.
2631 Section 39. Section 17B-1-1101 is amended to read:
2632 17B-1-1101. Provisions applicable to a local district's issuance of bonds.
2633 Subject to the provisions of this part:
2634 (1) each local district that issues bonds shall:
2635 (a) issue them as provided in, as applicable:
2636 (i) Title 11, Chapter 14, Local Government Bonding Act; [and] or
2637 (ii) Title 11, Chapter 42, Assessment Area Act; and
2638 (b) receive the benefits of Title 11, Chapter 30, Utah Bond Validation Act; and
2639 (2) each local district that issues refunding bonds shall issue them as provided in Title
2640 11, Chapter 27, Utah Refunding Bond Act.
2641 Section 40. Section 17B-1-1103 is amended to read:
2642 17B-1-1103. Levy to pay for general obligation bonds.
2643 (1) (a) If a district has issued general obligation bonds, or expects to have debt service
2644 payments due on general obligation bonds during the current year, the district's board of
2645 trustees may make an annual levy of ad valorem property taxes in order to:
2646 (i) pay the principal of and interest on the general obligation bonds;
2647 (ii) establish a sinking fund for defaults and future debt service on the general
2648 obligation bonds; and
2649 (iii) establish a reserve to secure payment of the general obligation bonds.
2650 (b) A levy under Subsection (1)(a) is:
2651 (i) for a water conservancy district, subject to the limit stated in Section 17B-2a-1006 ;
2652 and
2653 (ii) for each other local district, without limitation as to rate or amount.
2654 (2) (a) Each district that levies a tax under Subsection (1) shall:
2655 (i) levy the tax as a separate and special levy for the specific purposes stated in
2656 Subsection (1); and
2657 (ii) apply the proceeds from the levy solely for the purpose of paying the principal of
2658 and interest on the general obligation bonds, even though the proceeds may be used to establish
2659 or replenish a sinking fund under Subsection (1)[(b)](a)(ii) or a reserve under Subsection
2660 (1)[(c)](a)(iii).

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- 87 - 2661 (b) A levy under Subsection (2)(a) is not subject to a priority in favor of a district
2662 obligation in existence at the time the bonds were issued.
2663 Section 41. Section 17B-1-1104 is amended to read:
2664 17B-1-1104. Pledge of revenues to pay for bonds.
2665 Bonds may be payable from and secured by the pledge of all or any specified part of:
2666 (1) the revenues to be derived by the district from providing its services and from the
2667 operation of its facilities and other properties;
2668 (2) sales and use taxes, property taxes, and other taxes;
2669 (3) federal, state, or local grants; [and]
2670 (4) in the case of special assessment bonds, the special assessments pledged to repay
2671 the special assessment bonds; and
2672 [(4)] (5) other money legally available to the district.
2673 Section 42. Section 17B-2a-404 is amended to read:
2674 17B-2a-404. Improvement district board of trustees.
2675 (1) As used in this section:
2676 (a) "County district" means an improvement district that does not include within its
2677 boundaries any territory of a municipality.
2678 (b) "County member" means a member of a board of trustees of a county district.
2679 (c) "Electric district" means an improvement district that was created for the purpose of
2680 providing electric service.
2681 (d) "Included municipality" means a municipality whose boundaries are entirely
2682 contained within but do not coincide with the boundaries of an improvement district.
2683 (e) "Municipal district" means an improvement district whose boundaries coincide
2684 with the boundaries of a single municipality.
2685 (f) "Regular district" means an improvement district that is not a county district,
2686 electric district, or municipal district.
2687 (g) "Remaining area"means the area of a regular district that:
2688 (i) is outside the boundaries of an included municipality; and
2689 (ii) includes the area of an included municipality whose legislative body elects, under
2690 Subsection (4)(a)(i)(B), not to appoint a member to the board of trustees of the regular district.
2691 (h) "Remaining area member" means a member of a board of trustees of a regular

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- 88 - 2692 district who is appointed, or, if applicable, elected to represent the remaining area of the
2693 district.
2694 (2) The legislative body of the municipality included within a municipal district may:
2695 (a) elect, at the time of the creation of the district, to be the board of trustees of the
2696 district; and
2697 (b) adopt at any time a resolution providing for:
2698 (i) the election of board of trustees members, as provided in Section 17B-1-306 ; or
2699 (ii) the appointment of board of trustees members, as provided in Section 17B-1-304 .
2700 (3) The legislative body of a county whose unincorporated area is partly or completely
2701 within a county district may:
2702 (a) elect, at the time of the creation of the district, to be the board of trustees of the
2703 district; and
2704 (b) adopt at any time a resolution providing for:
2705 (i) the election of board of trustees members, as provided in Section 17B-1-306 ; or
2706 (ii) the appointment of board of trustees members, as provided in Section 17B-1-304 .
2707 (4) (a) (i) [(A)] Except as provided in [Subsections] Subsection (4)(a)[(i)(B) and] (ii),
2708 the legislative body of each included municipality shall each appoint one member to the board
2709 of trustees of a regular district.
2710 [(B)] (ii) The legislative body of an included municipality may elect not to appoint a
2711 member to the board under Subsection (4)(a)(i)(A).
2712 [(ii) If municipalities are combined under Subsection (6)(b)(i), the legislative bodies of
2713 the combined municipalities shall collectively appoint one member to the board of trustees, as
2714 provided in Section 17B-1-304 .]
2715 (b) Except as provided in Subsection (5), the legislative body of each county whose
2716 boundaries include a remaining area shall appoint all other members to the board of trustees of
2717 a regular district.
2718 (5) Each remaining area member of a regular district and each county member of a
2719 county district shall be elected, as provided in Section 17B-1-306 , if:
2720 (a) the petition or resolution initiating the creation of the district provides for remaining
2721 area or county members to be elected;
2722 (b) the district holds an election to approve the district's issuance of bonds;

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Senate 2nd Reading Amendments 2-25-2008 rd/rhr 2723

(c) for a regular district, an included municipality elects, under Subsection (4)(a)(i)(B),
2724 not to appoint a member to the board of trustees; or
2725 (d) (i) at least 90 days before the municipal general election, a petition is filed with the
2726 district's board of trustees requesting remaining area members or county members, as the case
2727 may be, to be elected; and
2728 (ii) the petition is signed by registered voters within the remaining area or county
2729 district, as the case may be, equal in number to at least 10% of the number of registered voters
2730 within the remaining area or county district, respectively, who voted in the last gubernatorial
2731 election.
2732 (6) [(a)] Subject to Section 17B-1-302 , the number of members of a board of trustees
2733 of a regular district shall be:
2734 [(i)] (a) the number of included municipalities within the district, if:
2735 [(A)] (i) the number is an odd number; and
2736 [(B)] (ii) the district does not include a remaining area;
2737 [(ii)] (b) the number of included municipalities plus one, if the number of included
2738 municipalities within the district is even; S. and .S
2739 [(iii)] (c) the number of included municipalities plus two, if:
2740 [(A)] (i) the number of included municipalities is odd; and
2741 [(B)] (ii) the district includes a remaining area.
2742 [(b) (i) If the number of board members under Subsection (6)(a) exceeds nine, then,
2743 except as provided in Subsection (6)(b)(ii):]
2744 [(A) the number of members shall be nine; and]
2745 [(B) the least populated included municipalities shall be combined for purposes of
2746 representation to the extent necessary to result in nine members.]
2747 [(ii) Application of Subsection (6)(b)(i) may not cause an included municipality to lose
2748 its separate representation on the board until the end of the term of the board member
2749 appointed by that municipality.]
2750 (7) (a) Except as provided in Subsection (7)(b), each remaining area member of the
2751 board of trustees of a regular district shall reside within the remaining area.
2752 (b) Notwithstanding Subsection (7)(a), if the population of the remaining area is less
2753 than 5% of the total district population, each remaining area member shall be chosen from the

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- 90 - 2754 district at large.
2755 (8) If the election of remaining area or county members of the board of trustees is
2756 required because of a bond election, as provided in Subsection (5)(b):
2757 (a) a person may file a declaration of candidacy if:
2758 (i) the person resides within:
2759 (A) the remaining area, for a regular district; or
2760 (B) the county district, for a county district; and
2761 (ii) otherwise qualifies as a candidate;
2762 (b) the board of trustees shall, if required, provide a ballot separate from the bond
2763 election ballot, containing the names of candidates and blanks in which a voter may write
2764 additional names; and
2765 (c) the election shall otherwise be governed by Title 20A, Election Code.
2766 (9) (a) (i) This Subsection (9) applies to the board of trustees members of an electric
2767 district.
2768 (ii) Subsections (2) through (8) do not apply to an electric district.
2769 (b) The legislative body of the county in which an electric district is located may
2770 appoint the initial board of trustees of the electric district as provided in Section 17B-1-304 .
2771 (c) After the initial board of trustees is appointed as provided in Subsection (9)(b), each
2772 member of the board of trustees of an electric district shall be elected by persons using
2773 electricity from and within the district.
2774 (d) Each member of the board of trustees of an electric district shall be a user of
2775 electricity from the district and, if applicable, the division of the district from which elected.
2776 (e) The board of trustees of an electric district may be elected from geographic
2777 divisions within the district.
2778 (f) A municipality within an electric district is not entitled to automatic representation
2779 on the board of trustees.
2780 Section 43. Section 17B-2a-405 is amended to read:
2781 17B-2a-405. Board of trustees of certain sewer improvement districts.
2782 (1) As used in this section:
2783 (a) "Jurisdictional boundaries" means:
2784 (i) for a qualified county, the boundaries that include:

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- 91 - 2785 (A) the area of the unincorporated part of the county that is included within a sewer
2786 improvement district; and
2787 (B) the area of each nonappointing municipality that is included within the sewer
2788 improvement district; and
2789 (ii) for a qualified municipality, the boundaries that include the area of the municipality
2790 that is included within a sewer improvement district.
2791 (b) "Nonappointing municipality" means a municipality that:
2792 (i) is partly included within a sewer improvement district; and
2793 (ii) is not a qualified municipality.
2794 (c) "Qualified county" means a county:
2795 (i) some or all of whose unincorporated area is included within a sewer improvement
2796 district; or
2797 (ii) which includes within its boundaries a nonappointing municipality.
2798 (d) "Qualified county member" means a member of a board of trustees of a sewer
2799 improvement district appointed under Subsection (3)(a)(ii).
2800 (e) "Qualified municipality" means a municipality that is partly or entirely included
2801 within a sewer improvement district that includes:
2802 (i) all of the municipality that is capable of receiving sewage treatment service from the
2803 sewer improvement district; and
2804 (ii) more than half of:
2805 (A) the municipality's land area; or
2806 (B) the assessed value of all private real property within the municipality.
2807 (f) "Qualified municipality member" means a member of a board of trustees of a sewer
2808 improvement district appointed under Subsection (3)(a)(i).
2809 (g) "Sewer improvement district" means an improvement district that:
2810 (i) provides sewage collection, treatment, and disposal service; and
2811 (ii) made an election before 1954 under [Chapter 29,] Laws of Utah 1953, Chapter 29,
2812 to enable it to continue to appoint its board of trustees members as provided in this section.
2813 (2) (a) Notwithstanding Section 17B-2a-404 , the board of trustees members of a sewer
2814 improvement district shall be appointed as provided in this section.
2815 (b) The board of trustees of a sewer improvement district may revoke the election

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- 92 - 2816 under Subsection (1)(d)(ii) and become subject to the provisions of Section 17B-2a-404 only
2817 by the unanimous vote of all members of the sewer improvement district's board of trustees at a
2818 time when there is no vacancy on the board.
2819 (3) (a) The board of trustees of each sewer improvement district shall consist of:
2820 (i) at least one person but not more than three persons appointed by the mayor of each
2821 qualified municipality, with the consent of the legislative body of that municipality; and
2822 (ii) at least one person but not more than three persons appointed by:
2823 (A) the county executive, with the consent of the county legislative body, for a
2824 qualified county operating under a county executive-council form of county government; or
2825 (B) the county legislative body, for each other qualified county.
2826 (b) Each qualified county member appointed under Subsection (3)(a)(ii) shall represent
2827 the area within the jurisdictional boundaries of the qualified county.
2828 (4) Notwithstanding Subsection 17B-1-302 (2), the number of board of trustees
2829 members of a sewer improvement district shall be the number that results from application of
2830 Subsection (3)(a).
2831 (5) Except as provided in this section, an appointment to the board of trustees of a
2832 sewer improvement district is governed by Section 17B-1-304 .
2833 (6) A quorum of a board of trustees of a sewer improvement district consists of
2834 members representing more than 50% of the total number of qualified county and qualified
2835 municipality votes under Subsection (7).
2836 (7) (a) Subject to Subsection (7)(b), each qualified county and each qualified
2837 municipality is entitled to one vote on the board of trustees of a sewer improvement district for
2838 each $10,000,000, or fractional part larger than 1/2 of that amount, of assessed valuation of
2839 private real property taxable for district purposes within the respective jurisdictional
2840 boundaries, as shown by the assessment records of the county and evidenced by a certificate of
2841 the county auditor.
2842 (b) Notwithstanding Subsection (7)(a), each qualified county and each qualified
2843 municipality shall have at least one vote.
2844 (8) If a qualified county or qualified municipality appoints more than one board
2845 member, all the votes to which the qualified county or qualified municipality is entitled under
2846 Subsection (7) for an item of board business shall collectively be cast by a majority of the

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Senate Committee Amendments 2-18-2008 rd/rhr 2847

qualified county members or qualified municipal members, respectively, present at a meeting
2848 of the board of trustees.
2849 Section 44. Section 17B-2a-406 is amended to read:
2850 17B-2a-406. Improvement districts providing electric service -- Public Service
2851 Commission jurisdiction -- Exceptions.
2852 (1) (a) An improvement district that provides electric service as authorized under
2853 Subsection 17B-2a-403 (1)(a)(iv) :
2854 (i) is a public utility and subject to the jurisdiction of the Public Service
2855 Commission.
2856 (ii) may include only an area where:
2857 (A) no retail electricity has been provided to commercial, industrial, residential, and
2858 other users of electricity from an investor-owned utility within any part of an area certificated
2859 by the Public Service Commission or an area adjacent to that area, municipal agency, or
2860 electric cooperative within the five years immediately preceding September 1, 1985; and
2861 (B) electric service is provided to at least one user of electricity within the electric
2862 service district as of September 1, 1985; and
2863 (iii) shall have filed an application for certification and received approval by the Public
2864 Service Commission by September 1, 1986.
2865 (b) Nothing in this part may be construed to give the Public Service Commission
2866 jurisdiction over:
2867 (i) an improvement district, other than an improvement district that provides electric
2868 service as authorized under Subsection 17B-2a-403 (1)(a)(iv); or
2869 (ii) a municipality or an association of municipalities organized under Title 11, Chapter
2870 13, Interlocal Cooperation Act.
2871 (c) Before an improvement district providing electric service serves any customer, the
2872 improvement district shall obtain a certificate of public convenience and necessity from the
2873 Public Service Commission.
2874 (2) (a) Section 54-7-12 does not apply to rate changes of an improvement district that
2875 provides electric service as authorized under Subsection 17B-2a-403 (1)(a)(iv) if:
2876 (i) the district is organized for the purpose of distributing electricity to customers
2877 within the boundaries of the district on a not-for-profit basis;

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- 94 - 2878 (ii) the schedule of new rates or other change that results in new rates has been
2879 approved by the board of trustees of the district;
2880 (iii) prior to the implementation of any rate increases, the district first holds a public
2881 meeting for all its customers to whom mailed notice of the meeting is sent at least ten days
2882 prior to the meeting; and
2883 (iv) the district has filed the schedule of new rates or other change with the Public
2884 Service Commission.
2885 (b) The Public Service Commission shall make the district's schedule of new rates or
2886 other change available for public inspection.
2887 Section 45. Section 17B-2a-804 is amended to read:
2888 17B-2a-804. Additional public transit district powers.
2889 (1) In addition to the powers conferred on a public transit district under Section
2890 17B-1-103 , a public transit district may:
2891 (a) provide a public transit system for the transportation of passengers and their
2892 incidental baggage;
2893 (b) notwithstanding Subsection 17B-1-103 (2)[(i)](g) and subject to Section
2894 17B-2a-817 , levy and collect property taxes only for the purpose of paying:
2895 (i) principal and interest of bonded indebtedness of the public transit district; or
2896 (ii) a final judgment against the public transit district if:
2897 (A) the amount of the judgment exceeds the amount of any collectable insurance or
2898 indemnity policy; and
2899 (B) the district is required by a final court order to levy a tax to pay the judgment;
2900 (c) insure against:
2901 (i) loss of revenues from damage to or destruction of some or all of a public transit
2902 system from any cause;
2903 (ii) public liability;
2904 (iii) property damage; or
2905 (iv) any other type of event, act, or omission;
2906 (d) acquire, contract for, lease, construct, own, operate, control, or use:
2907 (i) a right-of-way, rail line, monorail, bus line, station, platform, switchyard, terminal,
2908 parking lot, or any other facility necessary or convenient for public transit service; or

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- 95 - 2909 (ii) any structure necessary for access by persons and vehicles;
2910 (e) (i) hire, lease, or contract for the supplying or management of a facility, operation,
2911 equipment, service, employee, or management staff of an operator; and
2912 (ii) provide for a sublease or subcontract by the operator upon terms that are in the
2913 public interest;
2914 (f) operate feeder bus lines and other feeder services as necessary;
2915 (g) accept a grant, contribution, or loan, directly through the sale of securities or
2916 equipment trust certificates or otherwise, from the United States, or from a department,
2917 instrumentality, or agency of the United States, to:
2918 (i) establish, finance, construct, improve, maintain, or operate transit facilities and
2919 equipment; or
2920 (ii) study and plan transit facilities in accordance with any legislation passed by
2921 Congress;
2922 (h) cooperate with and enter into an agreement with the state or an agency of the state
2923 to establish transit facilities and equipment or to study or plan transit facilities;
2924 (i) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
2925 to carry out the purposes of the district;
2926 (j) from bond proceeds or any other available funds, reimburse the state or an agency of
2927 the state for an advance or contribution from the state or state agency; and
2928 (k) do anything necessary to avail itself of any aid, assistance, or cooperation available
2929 under federal law, including complying with labor standards and making arrangements for
2930 employees required by the United States or a department, instrumentality, or agency of the
2931 United States.
2932 (2) A public transit district may be funded from any combination of federal, state, or
2933 local funds.
2934 (3) A public transit district may not acquire property by eminent domain.
2935 Section 46. Section 17B-2a-813 is amended to read:
2936 17B-2a-813. Rights, benefits, and protective conditions for employees of a public
2937 transit district -- Strike prohibited -- Employees of an acquired transit system.
2938 (1) The rights, benefits, and other employee protective conditions and remedies of
2939 Section 13(c) of the Urban Mass Transportation Act of 1964, 49 U.S.C. Sec. 5333(b), as

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- 96 - 2940 determined by the Secretary of Labor, apply to[: (a)] a public transit district's establishment and
2941 operation of a public transit service or system[; and].
2942 [(b) a lease, contract, or other arrangement that a public transit district enters into for
2943 the operation of a public transit service or system.]
2944 (2) (a) Employees of a public transit system established and operated by a public transit
2945 district have the right to:
2946 (i) self-organization;
2947 (ii) form, join, or assist labor organizations; and
2948 (iii) bargain collectively through representatives of their own choosing.
2949 (b) Employees of a public transit district and labor organizations may not join in a
2950 strike against the public transit system operated by the public transit district.
2951 (c) Each public transit district shall:
2952 (i) recognize and bargain exclusively with any labor organization representing a
2953 majority of the district's employees in an appropriate unit with respect to wages, salaries, hours,
2954 working conditions, and welfare, pension, and retirement provisions; and
2955 (ii) upon reaching agreement with the labor organization, enter into and execute a
2956 written contract incorporating the agreement.
2957 (3) If a public transit district acquires an existing public transit system:
2958 (a) all employees of the acquired system who are necessary for the operation of the
2959 acquired system, except executive and administrative officers and employees, shall be:
2960 (i) transferred to and appointed employees of the acquiring public transit district; and
2961 (ii) given sick leave, seniority, vacation, and pension or retirement credits in
2962 accordance with the acquired system's records;
2963 (b) members and beneficiaries of a pension or retirement plan or other program of
2964 benefits that the acquired system has established shall continue to have rights, privileges,
2965 benefits, obligations, and status with respect to that established plan or program; and
2966 (c) the public transit district may establish, amend, or modify, by agreement with
2967 employees or their authorized representatives, the terms, conditions, and provisions of a
2968 pension or retirement plan or of an amendment or modification of a pension or retirement plan.
2969 Section 47. Section 17B-2a-1005 is amended to read:
2970 17B-2a-1005. Water conservancy district board of trustees -- Selection of

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- 97 - 2971 members -- Number -- Qualifications -- Terms -- Vacancies -- Surety bonds -- Authority.
2972 (1) (a) Within 45 days after the creation of a water conservancy district as provided in
2973 Section 17B-1-215 , the board of trustees shall be selected as provided in this Subsection (1).
2974 (b) For a district located entirely within the boundaries of a single county, the county
2975 legislative body of that county shall appoint each trustee.
2976 (c) (i) For a district located in more than a single county, the governor, with the consent
2977 of the Senate, shall appoint each trustee from nominees submitted as provided in this
2978 Subsection (1)(c).
2979 (ii) (A) Except as provided in Subsection (1)(c)(ii)(B), in a division composed solely of
2980 municipalities, the legislative body of each municipality within the division shall submit two
2981 nominees per trustee.
2982 (B) Notwithstanding Subsection (1)(c)(ii)(A), the legislative body of a municipality
2983 may submit fewer than two nominees per trustee if the legislative body certifies in writing to
2984 the governor that the legislative body is unable, after reasonably diligent effort, to identify two
2985 nominees who are willing and qualified to serve as trustee.
2986 (iii) (A) Except as provided in Subsection (1)(c)(iii)(B), in all other divisions, the
2987 county legislative body of the county in which the division is located shall submit three
2988 nominees per trustee.
2989 (B) Notwithstanding Subsection (1)(c)(iii)(A), the county legislative body may submit
2990 fewer than three nominees per trustee if the county legislative body certifies in writing to the
2991 governor that the county legislative body is unable, after reasonably diligent effort, to identify
2992 three nominees who are willing and qualified to serve as trustee.
2993 (iv) If a trustee represents a division located in more than one county, the county
2994