H.B. 169 Enrolled

1

REFINERY AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Rebecca P. Edwards
5 Senate Sponsor: Daniel R. Liljenquist
6 Cosponsors:
7 Douglas C. Aagard
8 Sheryl L. AllenRoger E. Barrus
Jim Bird
Brad L. DeeJulie Fisher
Paul Ray
Larry B. Wiley 9
10 LONG TITLE
11 General Description:
12 This bill authorizes a legislative body considering a zoning change or a land use
13 authority considering a land use application to consult with a refinery before adopting
14 the zoning change or approving the land use application.
15 Highlighted Provisions:
16 This bill:
17 . authorizes a legislative body considering a zoning change or a land use authority
18 considering a land use application to consult with a refinery before adopting the
19 zoning change or approving the land use application.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 10-9a-522, Utah Code Annotated 1953
27 17-27a-521, Utah Code Annotated 1953
28
29 Be it enacted by the Legislature of the state of Utah:

30 Section 1. Section 10-9a-522 is enacted to read:
31 10-9a-522. Refineries.
32 (1) As used in this section, "develop" or "development" means:
33 (a) the construction, alteration, or improvement of land, including any related moving,
34 demolition, or excavation outside of a refinery property boundary;
35 (b) the subdivision of land for a non-industrial use; or
36 (c) the construction of a non-industrial structure on a parcel that is not subject to the
37 subdivision process.
38 (2) Before a legislative body may adopt a non-industrial zoning change to permit
39 development within 500 feet of a refinery boundary, the legislative body shall consult with the
40 refinery to determine whether the proposed change is compatible with the refinery.
41 (3) Before a land use authority may approve an application to develop within 500 feet
42 of a refinery boundary, the land use authority shall consult with the refinery to determine
43 whether the development is compatible with the refinery.
44 (4) A legislative body described in Subsection (2), or a land use authority described in
45 Subsection (3), may not request from the refinery:
46 (a) proprietary information;
47 (b) information, if made public, that would create a security or safety risk to the
48 refinery or the public;
49 (c) information that is restricted from public disclosure under federal or state law; or
50 (d) information that is available in public record.
51 (5) (a) This section does not grant authority to a legislative body described in
52 Subsection (2), or a land use authority described in Subsection (3), to require a refinery to
53 undertake or cease an action.
54 (b) This section does not create a cause of action against a refinery.
55 (c) Except as expressly provided in this section, this section does not alter or remove
56 any legal right or obligation of a refinery.
57 Section 2. Section 17-27a-521 is enacted to read:

58 17-27a-521. Refineries.
59 (1) As used in this section, "develop" or "development" means:
60 (a) the construction, alteration, or improvement of land, including any related moving,
61 demolition, or excavation outside of a refinery property boundary;
62 (b) the subdivision of land for a non-industrial use; or
63 (c) the construction of a non-industrial structure on a parcel that is not subject to the
64 subdivision process.
65 (2) Before a legislative body may adopt a non-industrial zoning change to permit
66 development within 500 feet of a refinery boundary, the legislative body shall consult with the
67 refinery to determine whether the proposed change is compatible with the refinery.
68 (3) Before a land use authority may approve an application to develop within 500 feet
69 of a refinery boundary, the land use authority shall consult with the refinery to determine
70 whether the development is compatible with the refinery.
71 (4) A legislative body described in Subsection (2), or a land use authority described in
72 Subsection (3), may not request from the refinery:
73 (a) proprietary information;
74 (b) information, if made public, that would create a security or safety risk to the
75 refinery or the public;
76 (c) information that is restricted from public disclosure under federal or state law; or
77 (d) information that is available in public record.
78 (5) (a) This section does not grant authority to a legislative body described in
79 Subsection (2), or a land use authority described in Subsection (3), to require a refinery to
80 undertake or cease an action.
81 (b) This section does not create a cause of action against a refinery.
82 (c) Except as expressly provided in this section, this section does not alter or remove
83 any legal right or obligation of a refinery.