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MEMBERS PRESENT: Rep. Fred R Hunsaker, Chair
Rep. R. Curt Webb, Vice Chair
Rep. Laura Black
Rep. Rebecca Chavez-Houck
Rep. Jack R. Draxler
Rep. James A. Dunnigan
Rep. Becky Edwards
Rep. Janice M. Fisher
Rep. Kerry W. Gibson
Rep. Richard Greenwood
Rep. Curtis Oda
MEMBERS ABSENT: Rep. Marie H. Poulson
STAFF PRESENT: Joseph Wade, Policy Analyst
Becky Lawyer, Committee Secretary
Note: A list of visitors and a copy of handouts are filed with the committee minutes.
Representative Hunsaker called the meeting to order at 9:04 a.m.
H.B. 216 Incorporation of a Town Amendments (Rep. G. Froerer)
Rep. Froerer introduced and explained the bill to the committee. Lincoln Shurtz, representing the Utah League of Cities and Towns also addressed the committee.
MOTION: Rep. Draxler moved to substitute the bill with HB 216 1st Sub. The motion passed unanimously.
MOTION: Rep. Dunnigan moved to amend 1st Sub HB216 as follows:
1. Page 1, Line 11 :
11 This bill:
amends notice requirements;
2. Page 4, Line 88 :
88 (III) publishing notice of the public hearing in accordance with
{
Section
45-1-101
.
}
Section 63F-1-701 on the Utah Public Notice Website.
3. Page 7, Lines 207 through 210 :
207 [
(A)
the results of the financial feasibility study described in
Subsection (8)(a)(i)
208 show that the average annual amount of revenues described in Subsection (1)(b)(i)
{
[
}
does not
209 exceed
{
]
}
{
exceeds
}
the average annual amount of costs described in
Subsection (1)(b)(ii) by more
210 than
{
10%
}
25%
{
[
}
; or
{
]
}
(B) the results of the financial feasibility study described in Subsection (8)(a)(i) show that the average annual amount of costs described in Subsection (1)(b)(ii) does not exceed the average annual amount of revenues described in Subsection (1)(b)(i) by more than 10%
.
4. Page 8, Lines 213 through 239 :
213 (c) (i) If [
214
215 (8)(a)(i) show that the average annual amount of revenues described in Subsection (1)(b)(i)
216
{
[
}
exceeds
{
]
}
{
does not exceed
}
the average annual amount of costs
described in Subsection
217 (1)(b)(ii) by more than
{
10%
}
25%
, the county legislative body [may] shall:
218 (A) deny the petition, [
{
(ii)
}
(iii)
{
[
}
, if the
219 results of the financial feasibility study show that the average annual amount of revenues
220 described in Subsection (1)(b)(i) exceeds the average annual amount of costs described in
221 Subsection (1)(b)(ii) by
more than
25%
{
or more
}
{
]
}
; or
222 [
223
224 [
225 (Aa) impose conditions to [
226
{
costs
}
revenues
described in Subsection (1)(b)
{
(ii)
}
(i)
227 from exceeding the average annual amount of
{
revenues
}
costs
described in
Subsection (1)(b)
{
(i)
}
(ii)
by
228
more than
228
{
10
}
25
%; or
229 (Bb) alter the boundaries of the area proposed to be incorporated as a town to
230 approximate the boundaries necessary to prevent the average annual amount of
{
[
}
revenues
{
]
}
{
costs
}
231 described in Subsection (1)(b)
{
[
}
(i)
{
]
}
{
(ii)
}
from exceeding the average
annual amount of
{
[
}
costs
{
]
}
232
{
revenues
}
described in Subsection (1)(b)
{
[
}
(ii)
{
]
}
{
(i) by more than
10%
}
by more than 25%
; and
233 (II) approve the incorporation petition and hold an election for town officers, as
234 provided in Subsection (9).
(ii) If the results of the financial feasibility study described in Subsection
(8)(a)(i) show that the average annual amount of costs described in Subsection
(1)(b)(ii) exceeds the average annual amount of revenues described in Subsection
(1)(b)(i) by more than 10%, the county legislative body shall:
(A) deny the petition in accordance with Subsection (8)(c)(iii); or
(B)(I) with the consent of the petition sponsors;
(Aa) impose conditions to prevent the average annual amount of costs described in Subsection (1)(b)(ii) from exceeding the average annual amount of revenues described in Subsection (1)(b)(i) by more than 10%; or
(Bb) alter the boundaries of the area proposed to be incorporated as a town to approximate the boundaries necessary to prevent the average annual amount of costs described in Subsection (1)(b)(ii) from exceeding the average annual amount of revenues described in Subsection (1)(b)(i) by more than 10%; and
(II) approve the incorporation petition and hold an election for town officers, as provided in Subsection (9)
235
{
(ii)
}
(iii)
A county legislative body intending to deny a petition under
Subsection (8)(c)(i)(A)
or (8)(c)(ii)(A)
236 shall deny the petition within 20 days after the feasibility consultant submits the written results
237 of the financial feasibility study.
238 (d) Each town that incorporates pursuant to a petition approved after the county
239 legislative body imposes conditions under Subsection (8)(c)(i)[
or
(8)(c)(ii)(B)(I)(Aa)
shall comply
5. Page 9, Line 249 :
249 results of the financial feasibility study, for an election under Subsection (8)(c)(i)[
or (
8)(c)(ii)(
B)(II)
.
The motion to amend passed unanimously with Rep. Poulson absent for the vote.
MOTION: Rep. Dunnigan moved to amend the amendment of 1st Sub HB216 as follows:
1. Line 210: Change " by more than 10% " to " by more than 25% "
2. Line 234: Three times change " by more than 10% " to " by more than 25% "
The motion to amend passed with Rep. Draxler, Rep. Edwards and Rep. Greenwood voting against the amendment.
MOTION: Rep. Oda moved to pass 1st Sub HB216 out favorably as amended. The motion passed unanimously with Rep. Poulson absent for the vote.
H.B. 199 Municipal Clerk and Recorder Responsibilities (Rep. B. Last)
Rep. Last introduced and explained the bill to the committee.
MOTION: Rep. Black moved to pass the bill out favorably. The motion passed unanimously with Rep. Poulson absent for the vote.
H.B. 205 Impact Fee Amendments (Rep. S. Sandstrom)
Rep. Sandstrom presented the bill and gave explanations to the committee.
MOTION: Rep. Oda moved to amend the amendment as follows:
1. Page 1, Lines 12 through 14 :
12 . requires that an impact fee enactment allow, in certain circumstances, a developer
including a school district or charter school
to
13 receive a credit against or proportionate reimbursement of an impact fee
{
if the
14 developer is a school district or charter school } ;
2. Page 1, Line 25 through Page 2, Line 28 :
25 . development activity for construction of a replacement school if the replacement
26 school is built for a student capacity that is less than or equal to a
{
10%
}
20%
increase
27 of the student capacity of the old school; and
28 . makes technical corrections.
3. Page 4, Lines 101 through 102 :
101 (b) allows a developer,
{
if the developer is
}
including
a school district
or
a
charter school, to receive
102 a credit against or proportionate reimbursement of an impact fee if the developer:
4. Page 5, Lines 121 through 131 :
121 (4) A local political subdivision or private entity shall include a provision in an impact
122 fee enactment that requires a credit against impact fees for any dedication of land for,
123 improvement to, or new construction of
{
[
}
, any system improvements provided
by the developer
or school district or charter school
124 if the
{
]
}
[facilities]
{
a facility if
}
facility
:
125
{
(a) the developer is a school district or charter school; and
126 (b) the facility: }
127 [
{
(i)
}
(a)
is a system [improvements; or] improvement;
128 [
{
(ii) (A)
}
(b)(i)
is dedicated to the public; and
129 [
{
(B)
}
(ii)
offsets the need for an identified system
improvement[.]; or
130
{
(iii)
}
(c) in the case of a school district or charter school,
is not for the
exclusive use of the school district or charter school, regardless of
131 whether the facility is identified as a system improvement in a capital facilities plan.
5. Page 6, Lines 169 through 171 :
169 (B) the new school [
170 for a student capacity that is less than or equal to a
{
10%
}
20%
increase of the
student capacity of the
171 school being replaced; and
6. Page 6, Lines 176 through 180 :
176 (A) the development resulting from the school
{
district
}
district's
or
charter school's development
177 activity directly results in a need for additional system improvements for which the impact fee
178 is imposed; and
179 (B) the impact fee is calculated to cover only the school
{
district
}
district's
or charter school's
180 proportionate share of the cost of those additional system improvements
, regardless of
whether the school district's or charter school's development activity is on property
that is zoned for a higher density public facility use than the school district's or
charter's school's actual public facility use
;
The motion passed unanimously with Rep. Poulson absent for the vote.
H.B. 211 Improvement District Board Membership (Rep. K. Powell)
This bill was not considered.
H.B. 220 Disproportionate Rental Fee Amendments (Rep. G. Froerer)
This bill was not considered.
MOTION: Rep. Oda moved to adjourn. The motion passed unanimously with Rep. Poulson absent for the vote.
Rep. Hunsaker adjourned the meeting at 9:56 a.m.
___________________________
Rep. Fred R Hunsaker, Chair