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H.B. 213
This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 1, 2011 at 9:07 AM by rday. --> 1
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7 LONG TITLE
8 General Description:
9 This bill amends provisions of Titles 17 through 35A of the Utah Code by correcting
10 terms to comply with rules of statutory construction applicable to the Utah Code.
11 Highlighted Provisions:
12 This bill:
13 . amends provisions of Titles 17 through 35A of the Utah Code by correcting terms to
14 comply with rules of statutory construction applicable to the Utah Code; and
15 . makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill provides an effective date.
20 Utah Code Sections Affected:
21 AMENDS:
22 17-3-1, as last amended by Laws of Utah 2004, Chapter 371
23 17-3-8, Utah Code Annotated 1953
24 17-8-7, as last amended by Laws of Utah 1993, Chapter 227
25 17-11-2, as last amended by Laws of Utah 1993, Chapter 227
26 17-15-16, as last amended by Laws of Utah 1993, Chapter 227
27 17-16-4, Utah Code Annotated 1953
28 17-16-9, as last amended by Laws of Utah 1993, Chapters 33 and 227
29 17-16-16, as last amended by Laws of Utah 1971, Chapter 25
30 17-16a-3, as enacted by Laws of Utah 1983, Chapter 46
31 17-16a-6, as last amended by Laws of Utah 1993, Chapter 227
32 17-18-1.9, as enacted by Laws of Utah 1993, Chapter 38
33 17-19-7, Utah Code Annotated 1953
34 17-19-14, Utah Code Annotated 1953
35 17-22-6, Utah Code Annotated 1953
36 17-22-21, Utah Code Annotated 1953
37 17-22-22, Utah Code Annotated 1953
38 17-22-23, Utah Code Annotated 1953
39 17-22-27, as last amended by Laws of Utah 2004, Chapter 301
40 17-23-16, as last amended by Laws of Utah 2001, Chapter 241
41 17-27a-513, as renumbered and amended by Laws of Utah 2005, Chapter 254
42 17-27a-518, as renumbered and amended by Laws of Utah 2005, Chapter 254
43 17-28-11, as last amended by Laws of Utah 1993, Chapter 227
44 17-30-8, as enacted by Statewide Initiative A, Nov. 8, 1960
45 17-30-22, as enacted by Statewide Initiative A, Nov. 8, 1960
46 17-31-3, as last amended by Laws of Utah 1996, Chapter 79
47 17-33-10, as last amended by Laws of Utah 2003, Chapter 65
48 17-33-15, as last amended by Laws of Utah 1993, Chapter 227
49 17-34-5, as last amended by Laws of Utah 2000, Chapter 199
50 17-35b-303, as last amended by Laws of Utah 2007, Chapter 329
51 17-35b-304, as enacted by Laws of Utah 1998, Chapter 369
52 17-36-10, as last amended by Laws of Utah 1999, Chapter 300
53 17-36-17, as last amended by Laws of Utah 1999, Chapter 300
54 17-37-4, as last amended by Laws of Utah 2002, Chapter 95
55 17-38-4, as last amended by Laws of Utah 1983, Chapter 291
56 17-41-301, as last amended by Laws of Utah 2006, Chapter 194
57 17-41-401, as last amended by Laws of Utah 1997, Chapter 383
58 17-52-401, as last amended by Laws of Utah 2003, Chapter 131
59 17-53-209, as renumbered and amended by Laws of Utah 2000, Chapter 133
60 17-53-311, as last amended by Laws of Utah 2008, Chapters 360 and 382
61 17B-1-304, as last amended by Laws of Utah 2009, Chapter 388
62 17B-1-506, as last amended by Laws of Utah 2008, Chapter 3
63 17B-1-510, as renumbered and amended by Laws of Utah 2007, Chapter 329
64 17B-1-512, as last amended by Laws of Utah 2009, Chapters 350 and 388
65 17B-1-607, as renumbered and amended by Laws of Utah 2007, Chapter 329
66 17B-2a-807, as last amended by Laws of Utah 2010, Chapter 281
67 17B-2a-818.5, as last amended by Laws of Utah 2010, Chapter 229
68 18-1-1, as last amended by Laws of Utah 1971, Chapter 29
69 19-1-206, as last amended by Laws of Utah 2010, Chapters 218 and 229
70 19-2-109.1, as last amended by Laws of Utah 2009, Chapters 183 and 377
71 19-2-113, as last amended by Laws of Utah 2010, Chapter 324
72 19-2-115, as last amended by Laws of Utah 2008, Chapter 382
73 19-3-302, as last amended by Laws of Utah 2001, Chapter 107
74 19-3-308, as last amended by Laws of Utah 2009, Chapter 183
75 19-4-112, as last amended by Laws of Utah 1998, Chapter 126
76 19-5-102, as last amended by Laws of Utah 2001, Chapter 274
77 19-5-115, as last amended by Laws of Utah 2010, Chapter 324
78 19-5-116, as renumbered and amended by Laws of Utah 1991, Chapter 112
79 19-5-121, as last amended by Laws of Utah 2009, Chapter 183
80 19-6-108, as last amended by Laws of Utah 2007, Chapter 72
81 19-6-116, as renumbered and amended by Laws of Utah 1991, Chapter 112
82 19-6-202, as renumbered and amended by Laws of Utah 1991, Chapter 112
83 19-6-203, as renumbered and amended by Laws of Utah 1991, Chapter 112
84 19-6-205, as last amended by Laws of Utah 1993, Chapter 227
85 19-6-413, as last amended by Laws of Utah 1992, Chapter 214
86 19-6-714, as enacted by Laws of Utah 1993, Chapter 283
87 19-6-814, as renumbered and amended by Laws of Utah 2000, Chapter 51
88 19-9-105, as last amended by Laws of Utah 2008, Chapter 382
89 19-9-109, as renumbered and amended by Laws of Utah 2003, Chapter 184
90 19-10-104, as enacted by Laws of Utah 2003, Chapter 44
91 20A-1-401, as last amended by Laws of Utah 2008, Chapter 225
92 20A-1-508, as last amended by Laws of Utah 2010, Chapter 197
93 20A-1-509.1, as last amended by Laws of Utah 2010, Chapter 197
94 20A-1-703, as last amended by Laws of Utah 2010, Chapter 324
95 20A-2-102.5, as last amended by Laws of Utah 2008, Chapter 225
96 20A-2-105, as last amended by Laws of Utah 2008, Chapter 276
97 20A-2-306, as last amended by Laws of Utah 2007, Chapter 75
98 20A-4-201, as last amended by Laws of Utah 2006, Chapter 326
99 20A-5-403, as last amended by Laws of Utah 2009, Chapter 45
100 20A-6-302, as last amended by Laws of Utah 2006, Chapter 326
101 20A-7-202, as last amended by Laws of Utah 2008, Chapter 237
102 20A-7-204.1, as last amended by Laws of Utah 2010, Chapter 90
103 20A-7-702 (Superseded 01/01/12), as last amended by Laws of Utah 2008, Chapters 3,
104 82, and 225
105 20A-7-702 (Effective 01/01/12), as last amended by Laws of Utah 2008, Chapters 3,
106 82, 225, and 248
107 20A-7-706, as last amended by Laws of Utah 2008, Chapter 225
108 20A-9-403, as last amended by Laws of Utah 2008, Chapter 225
109 20A-11-401, as last amended by Laws of Utah 2009, Chapter 361
110 20A-11-1603, as enacted by Laws of Utah 2010, Chapter 12
111 20A-14-103, as last amended by Laws of Utah 2008, Chapter 8
112 20A-14-201, as last amended by Laws of Utah 2007, Chapter 215
113 20A-14-202, as last amended by Laws of Utah 2008, Chapter 8
114 22-1-11, Utah Code Annotated 1953
115 22-3-104, as enacted by Laws of Utah 2004, Chapter 285
116 22-3-202, as enacted by Laws of Utah 2004, Chapter 285
117 22-3-302, as enacted by Laws of Utah 2004, Chapter 285
118 22-3-303, as enacted by Laws of Utah 2004, Chapter 285
119 22-3-403, as enacted by Laws of Utah 2004, Chapter 285
120 22-3-405, as enacted by Laws of Utah 2004, Chapter 285
121 22-3-406, as enacted by Laws of Utah 2004, Chapter 285
122 22-3-411, as enacted by Laws of Utah 2004, Chapter 285
123 22-3-414, as enacted by Laws of Utah 2004, Chapter 285
124 22-3-505, as last amended by Laws of Utah 2009, Chapter 96
125 22-3-506, as enacted by Laws of Utah 2004, Chapter 285
126 22-3-601, as enacted by Laws of Utah 2004, Chapter 285
127 23-13-2, as last amended by Laws of Utah 2010, Chapter 256
128 23-13-17, as last amended by Laws of Utah 2005, Chapter 2
129 23-14-2, as last amended by Laws of Utah 2010, Chapter 286
130 23-15-2, as enacted by Laws of Utah 1971, Chapter 46
131 23-15-9, as last amended by Laws of Utah 2008, Chapter 69
132 23-16-3, as last amended by Laws of Utah 2003, Chapter 228
133 23-16-4, as last amended by Laws of Utah 2009, Chapter 183
134 23-17-4, as enacted by Laws of Utah 1971, Chapter 46
135 23-17-6, as last amended by Laws of Utah 1998, Chapter 242
136 23-17-8, as enacted by Laws of Utah 1971, Chapter 46
137 23-18-5, as last amended by Laws of Utah 1980, Chapter 28
138 23-19-9, as last amended by Laws of Utah 2008, Chapter 382
139 23-19-14, as last amended by Laws of Utah 2003, Chapter 171
140 23-19-17.5, as last amended by Laws of Utah 2007, Chapter 187
141 23-19-38.2, as last amended by Laws of Utah 2008, Chapter 382
142 23-20-1, as last amended by Laws of Utah 2002, Chapter 185
143 23-20-9, as last amended by Laws of Utah 2007, Chapter 136
144 23-20-14, as last amended by Laws of Utah 2000, Chapter 6
145 23-20-20, as last amended by Laws of Utah 2006, Chapter 325
146 23-20-28, as last amended by Laws of Utah 1995, Chapter 211
147 23-20-29, as enacted by Laws of Utah 1986, Chapter 67
148 23-20-30, as last amended by Laws of Utah 1995, Chapter 211
149 23-20-31, as last amended by Laws of Utah 2009, Chapter 256
150 23-21-2, as last amended by Laws of Utah 1993, Chapter 227
151 23-22-1, as last amended by Laws of Utah 1998, Chapter 140
152 23-22-3, as last amended by Laws of Utah 1992, Chapter 260
153 23-23-11, as last amended by Laws of Utah 1997, Chapter 258
154 23-24-1, as last amended by Laws of Utah 2010, Chapter 289
155 24-1-8, as last amended by Laws of Utah 2007, Chapter 180
156 25-5-2, as last amended by Laws of Utah 1995, Chapter 20
157 25-6-9, as last amended by Laws of Utah 2000, Chapter 252
158 26-1-5, as last amended by Laws of Utah 2008, Chapter 382
159 26-1-7.5, as last amended by Laws of Utah 2010, Chapter 286
160 26-1-11, as enacted by Laws of Utah 1981, Chapter 126
161 26-1-25, as enacted by Laws of Utah 1981, Chapter 126
162 26-1-32, as enacted by Laws of Utah 1981, Chapter 126
163 26-3-8, as enacted by Laws of Utah 1981, Chapter 126
164 26-4-2, as last amended by Laws of Utah 2009, Chapter 223
165 26-4-9, as last amended by Laws of Utah 1999, Chapter 289
166 26-4-12, as last amended by Laws of Utah 2000, Chapter 86
167 26-4-20, as last amended by Laws of Utah 1993, Chapter 38
168 26-6-3, as last amended by Laws of Utah 2008, Chapter 130
169 26-6-18, as enacted by Laws of Utah 1981, Chapter 126
170 26-6-20, as last amended by Laws of Utah 2000, Chapter 86
171 26-6b-3, as last amended by Laws of Utah 2008, Chapter 115
172 26-6b-3.1, as enacted by Laws of Utah 2006, Chapter 185
173 26-7-1, as enacted by Laws of Utah 1981, Chapter 126
174 26-8a-103, as last amended by Laws of Utah 2010, Chapter 286
175 26-8a-203, as last amended by Laws of Utah 2000, Chapter 305
176 26-8a-207, as last amended by Laws of Utah 2010, Chapter 161
177 26-8a-253, as last amended by Laws of Utah 2006, Chapter 310
178 26-8a-405.2, as last amended by Laws of Utah 2010, Chapter 187
179 26-8a-405.3, as last amended by Laws of Utah 2010, Chapter 187
180 26-8a-405.5, as enacted by Laws of Utah 2010, Chapter 187
181 26-8a-406, as last amended by Laws of Utah 2009, Chapter 388
182 26-8a-408, as enacted by Laws of Utah 1999, Chapter 141
183 26-8a-410, as enacted by Laws of Utah 1999, Chapter 141
184 26-8a-413, as last amended by Laws of Utah 2003, Chapter 213
185 26-10b-102, as renumbered and amended by Laws of Utah 2010, Chapter 340
186 26-15-8, as last amended by Laws of Utah 2006, Chapter 91
187 26-18-3, as last amended by Laws of Utah 2010, Chapters 149, 323, 340, and 391
188 26-18-4, as last amended by Laws of Utah 2008, Chapter 62
189 26-18-5, as last amended by Laws of Utah 1988, Chapter 21
190 26-18-10, as last amended by Laws of Utah 2008, Chapter 62
191 26-18-11, as enacted by Laws of Utah 1988, Chapter 12
192 26-18-501, as enacted by Laws of Utah 2004, Chapter 215
193 26-18-502, as enacted by Laws of Utah 2004, Chapter 215
194 26-18-503, as last amended by Laws of Utah 2008, Chapter 347
195 26-18-505, as enacted by Laws of Utah 2008, Chapter 219
196 26-19-7, as last amended by Laws of Utah 2005, Chapter 103
197 26-19-8, as last amended by Laws of Utah 2007, Chapter 64
198 26-20-3, as last amended by Laws of Utah 1986, Chapter 46
199 26-20-6, as last amended by Laws of Utah 1986, Chapter 46
200 26-20-8, as enacted by Laws of Utah 1981, Chapter 126
201 26-20-9.5, as last amended by Laws of Utah 2007, Chapter 48
202 26-20-12, as repealed and reenacted by Laws of Utah 2007, Chapter 48
203 26-20-14, as enacted by Laws of Utah 2007, Chapter 48
204 26-21-9, as last amended by Laws of Utah 2000, Chapter 86
205 26-21-9.5, as last amended by Laws of Utah 2009, Chapter 267
206 26-23-7, as enacted by Laws of Utah 1981, Chapter 126
207 26-23-10, as enacted by Laws of Utah 1981, Chapter 126
208 26-23b-104, as enacted by Laws of Utah 2002, Chapter 155
209 26-25-5, as last amended by Laws of Utah 1991, Chapter 241
210 26-28-105, as enacted by Laws of Utah 2007, Chapter 60
211 26-28-106, as enacted by Laws of Utah 2007, Chapter 60
212 26-28-107, as enacted by Laws of Utah 2007, Chapter 60
213 26-28-111, as enacted by Laws of Utah 2007, Chapter 60
214 26-28-114, as enacted by Laws of Utah 2007, Chapter 60
215 26-28-120, as enacted by Laws of Utah 2007, Chapter 60
216 26-28-121, as last amended by Laws of Utah 2008, Chapter 32
217 26-28-124, as enacted by Laws of Utah 2007, Chapter 60
218 26-31-1, as enacted by Laws of Utah 1981, Chapter 126
219 26-33a-104, as last amended by Laws of Utah 2008, Chapter 382
220 26-33a-106.5, as last amended by Laws of Utah 2005, Chapter 266
221 26-33a-111, as enacted by Laws of Utah 1990, Chapter 305
222 26-34-2, as last amended by Laws of Utah 2007, Chapter 306
223 26-35a-107, as enacted by Laws of Utah 2004, Chapter 284
224 26-36a-102, as enacted by Laws of Utah 2010, Chapter 179
225 26-36a-203, as enacted by Laws of Utah 2010, Chapter 179
226 26-40-110, as last amended by Laws of Utah 2010, Chapter 351
227 26-41-104, as last amended by Laws of Utah 2008, Chapters 64 and 382
228 26-47-103, as last amended by Laws of Utah 2010, Chapter 323
229 26-49-202, as enacted by Laws of Utah 2008, Chapter 242
230 26-49-701, as enacted by Laws of Utah 2008, Chapter 242
231 26A-1-112, as last amended by Laws of Utah 2002, Chapter 249
232 26A-1-126, as enacted by Laws of Utah 2005, Chapter 153
233 29-1-2, as enacted by Laws of Utah 1953, Chapter 47
234 29-1-3, as enacted by Laws of Utah 1953, Chapter 47
235 30-1-4.5, as last amended by Laws of Utah 2004, Chapter 261
236 30-1-5, as last amended by Laws of Utah 2001, Chapter 129
237 30-1-10, Utah Code Annotated 1953
238 30-1-32, as last amended by Laws of Utah 1993, Chapter 227
239 30-1-33, as enacted by Laws of Utah 1971, Chapter 64
240 30-1-35, as enacted by Laws of Utah 1971, Chapter 64
241 30-1-37, as enacted by Laws of Utah 1971, Chapter 64
242 30-2-7, Utah Code Annotated 1953
243 30-3-16.7, as enacted by Laws of Utah 1969, Chapter 72
244 30-3-17, as last amended by Laws of Utah 1969, Chapter 72
245 30-3-17.1, as last amended by Laws of Utah 2008, Chapter 3
246 30-3-18, as last amended by Laws of Utah 1997, Chapter 215
247 30-3-33, as last amended by Laws of Utah 2008, Chapter 146
248 30-8-3, as enacted by Laws of Utah 1994, Chapter 105
249 31A-2-301, as last amended by Laws of Utah 1987, Chapters 91 and 161
250 31A-2-302, as last amended by Laws of Utah 2008, Chapter 382
251 31A-5-208, as last amended by Laws of Utah 1991, Chapter 5
252 31A-5-305, as last amended by Laws of Utah 2007, Chapter 309
253 31A-6a-104, as last amended by Laws of Utah 2008, Chapter 345
254 31A-8a-201, as enacted by Laws of Utah 2005, Chapter 58
255 31A-8a-203, as last amended by Laws of Utah 2008, Chapter 382
256 31A-8a-204, as enacted by Laws of Utah 2005, Chapter 58
257 31A-8a-205, as enacted by Laws of Utah 2005, Chapter 58
258 31A-8a-206, as enacted by Laws of Utah 2005, Chapter 58
259 31A-8a-207, as enacted by Laws of Utah 2005, Chapter 58
260 31A-9-503, as enacted by Laws of Utah 1985, Chapter 242
261 31A-11-107, as last amended by Laws of Utah 2003, Chapter 298
262 31A-15-203, as enacted by Laws of Utah 1992, Chapter 258
263 31A-15-207, as last amended by Laws of Utah 2003, Chapter 298
264 31A-15-210, as last amended by Laws of Utah 2003, Chapter 298
265 31A-17-503, as last amended by Laws of Utah 2008, Chapter 382
266 31A-17-506, as last amended by Laws of Utah 2010, Chapter 324
267 31A-17-507, as last amended by Laws of Utah 2001, Chapter 116
268 31A-17-510, as enacted by Laws of Utah 1993, Chapter 305
269 31A-17-512, as enacted by Laws of Utah 1993, Chapter 305
270 31A-18-106, as last amended by Laws of Utah 2008, Chapter 257
271 31A-19a-206, as renumbered and amended by Laws of Utah 1999, Chapter 130
272 31A-19a-208, as renumbered and amended by Laws of Utah 1999, Chapter 130
273 31A-19a-309, as renumbered and amended by Laws of Utah 1999, Chapter 130
274 31A-21-101, as last amended by Laws of Utah 2006, Chapter 197
275 31A-21-312, as last amended by Laws of Utah 1986, Chapter 204
276 31A-21-313, as last amended by Laws of Utah 2008, Chapter 3
277 31A-21-403, as last amended by Laws of Utah 2001, Chapter 116
278 31A-22-305, as last amended by Laws of Utah 2010, Chapter 354
279 31A-22-408, as last amended by Laws of Utah 1987, Chapter 91
280 31A-22-610.5, as last amended by Laws of Utah 2010, Chapter 10
281 31A-22-611, as last amended by Laws of Utah 2006, Chapter 188
282 31A-22-613.5, as last amended by Laws of Utah 2010, Chapters 68, 149 and last
283 amended by Coordination Clause, Laws of Utah 2010, Chapter 149
284 31A-22-618.5, as last amended by Laws of Utah 2010, Chapter 68
285 31A-22-625, as last amended by Laws of Utah 2010, Chapters 10 and 68
286 31A-22-634, as enacted by Laws of Utah 2003, Chapter 188
287 31A-22-636, as enacted by Laws of Utah 2009, Chapter 11
288 31A-22-637, as enacted by Laws of Utah 2009, Chapter 11
289 31A-22-716, as last amended by Laws of Utah 2005, Chapter 71
290 31A-22-722.5, as last amended by Laws of Utah 2010, Chapters 10, 149 and last
291 amended by Coordination Clause, Laws of Utah 2010, Chapter 149
292 31A-22-723, as last amended by Laws of Utah 2010, Chapter 68
293 31A-22-806, as last amended by Laws of Utah 2001, Chapter 116
294 31A-22-1406, as enacted by Laws of Utah 1991, Chapter 243
295 31A-22-1409, as last amended by Laws of Utah 2001, Chapter 116
296 31A-23a-501, as last amended by Laws of Utah 2010, Chapter 10
297 31A-23a-602, as renumbered and amended by Laws of Utah 2003, Chapter 298
298 31A-23a-702, as renumbered and amended by Laws of Utah 2003, Chapter 298
299 31A-23a-806, as renumbered and amended by Laws of Utah 2003, Chapter 298
300 31A-27a-202, as enacted by Laws of Utah 2007, Chapter 309
301 31A-27a-205, as enacted by Laws of Utah 2007, Chapter 309
302 31A-27a-502, as enacted by Laws of Utah 2007, Chapter 309
303 31A-27a-701, as enacted by Laws of Utah 2007, Chapter 309
304 31A-30-107.3, as last amended by Laws of Utah 2007, Chapter 307
305 31A-30-107.5, as last amended by Laws of Utah 2007, Chapter 307
306 31A-30-110, as last amended by Laws of Utah 2002, Chapter 308
307 31A-30-206, as enacted by Laws of Utah 2009, Chapter 12
308 31A-34-104, as last amended by Laws of Utah 2009, Chapter 183
309 31A-34-107, as enacted by Laws of Utah 1996, Chapter 143
310 31A-36-107, as last amended by Laws of Utah 2009, Chapter 355
311 31A-36-109, as last amended by Laws of Utah 2009, Chapter 355
312 31A-36-110, as last amended by Laws of Utah 2009, Chapter 355
313 31A-36-112, as last amended by Laws of Utah 2009, Chapter 355
314 31A-36-114, as last amended by Laws of Utah 2009, Chapter 355
315 31A-37-105, as enacted by Laws of Utah 2003, Chapter 251
316 31A-37-106, as last amended by Laws of Utah 2008, Chapters 302 and 382
317 31A-37-202, as last amended by Laws of Utah 2009, Chapter 183
318 31A-37-301, as last amended by Laws of Utah 2004, Chapter 312
319 31A-37-302, as enacted by Laws of Utah 2003, Chapter 251
320 31A-37-306, as last amended by Laws of Utah 2004, Chapter 312
321 31A-37-402, as last amended by Laws of Utah 2008, Chapter 302
322 31A-37-601, as enacted by Laws of Utah 2004, Chapter 312
323 31A-37a-205, as enacted by Laws of Utah 2008, Chapter 302
324 32B-1-407 (Effective 07/01/11), as enacted by Laws of Utah 2010, Chapter 276
325 32B-1-505 (Effective 07/01/11), as enacted by Laws of Utah 2010, Chapter 276
326 32B-6-407 (Effective 07/01/11), as enacted by Laws of Utah 2010, Chapter 276
327 32B-8-304 (Effective 07/01/11), as enacted by Laws of Utah 2010, Chapter 276
328 34-19-1, as enacted by Laws of Utah 1969, Chapter 85
329 34-19-9, as enacted by Laws of Utah 1969, Chapter 85
330 34-19-10, as enacted by Laws of Utah 1969, Chapter 85
331 34-19-13, as enacted by Laws of Utah 1969, Chapter 85
332 34-20-3, as last amended by Laws of Utah 2010, Chapter 286
333 34-20-5, as enacted by Laws of Utah 1969, Chapter 85
334 34-20-8, as enacted by Laws of Utah 1969, Chapter 85
335 34-23-208, as renumbered and amended by Laws of Utah 1990, Chapter 8
336 34-25-2, as enacted by Laws of Utah 1969, Chapter 85
337 34-28-5, as last amended by Laws of Utah 1995, Chapter 17
338 34-28-6, as enacted by Laws of Utah 1969, Chapter 85
339 34-28-14, as last amended by Laws of Utah 1996, Chapter 240
340 34-29-1, as enacted by Laws of Utah 1969, Chapter 85
341 34-32-4, as last amended by Laws of Utah 2004, Chapter 220
342 34-34-2, as enacted by Laws of Utah 1969, Chapter 85
343 34-34-15, as enacted by Laws of Utah 1969, Chapter 85
344 34-36-3, as enacted by Laws of Utah 1969, Chapter 85
345 34-41-106, as last amended by Laws of Utah 1997, Chapter 375
346 34A-1-408, as renumbered and amended by Laws of Utah 1997, Chapter 375
347 34A-1-409, as renumbered and amended by Laws of Utah 1997, Chapter 375
348 34A-2-413, as last amended by Laws of Utah 2010, Chapter 59
349 34A-2-802, as renumbered and amended by Laws of Utah 1997, Chapter 375
350 34A-3-104, as renumbered and amended by Laws of Utah 1997, Chapter 375
351 34A-6-108, as renumbered and amended by Laws of Utah 1997, Chapter 375
352 34A-6-202, as last amended by Laws of Utah 2008, Chapter 382
353 34A-6-301, as last amended by Laws of Utah 2008, Chapters 3 and 382
354 34A-7-102, as last amended by Laws of Utah 2006, Chapter 155
355 35A-3-106, as renumbered and amended by Laws of Utah 1997, Chapter 174
356 35A-3-108, as last amended by Laws of Utah 1998, Chapter 188
357 35A-3-304, as last amended by Laws of Utah 2007, Chapter 81
358 35A-3-310.5, as enacted by Laws of Utah 2008, Chapter 59
359 35A-3-503, as renumbered and amended by Laws of Utah 1997, Chapter 174
360 35A-4-303, as last amended by Laws of Utah 2008, Chapter 110
361 35A-4-304, as last amended by Laws of Utah 2008, Chapter 382
362 35A-4-305, as last amended by Laws of Utah 2010, Chapter 278
363 35A-4-309, as last amended by Laws of Utah 2006, Chapter 22
364 35A-4-311, as last amended by Laws of Utah 2001, Chapter 265
365 35A-4-404, as renumbered and amended by Laws of Utah 1996, Chapter 240
366 35A-4-501, as last amended by Laws of Utah 2010, Chapters 277 and 278
367 35A-4-506, as last amended by Laws of Utah 2010, Chapters 277 and 278
367a S. 55-5-2, Utah Code Annotated 1953 .S
368
369 Be it enacted by the Legislature of the state of Utah:
370 Section 1. Section 17-3-1 is amended to read:
371 17-3-1. By petition -- Election -- Ballots.
372 Whenever any number of the qualified electors of any portion of any county desire to
373 have the territory within which they reside created into a new county they may [
374
375 county in which they reside. [
376 one-fourth of the qualified electors as shown by the registration list of the last preceding
377 general election, residing in that portion of the county to be created into a new county, and by
378 not less than [
379 [
380 in May of any year, and shall propose the name and define the boundaries of [
381 county. The county legislative body [
382 legal voters residing in the county at a special election to be held according to the dates
383 established in Section 20A-1-204 , first causing 30 days' notice of [
384 given in the manner provided by law for giving notice of general elections. [
385 election shall be held, the result [
386 the general election laws. The form of ballot to be used at such election shall be:
387 For the creation of (supplying the name proposed) county.
388 Against the creation of (supplying the name proposed) county.
389 Section 2. Section 17-3-8 is amended to read:
390 17-3-8. Prior offenses.
391 [
392
393 committed within the boundaries of a new county before the new county was created, may be
394 prosecuted to judgment and execution in [
395 Section 3. Section 17-8-7 is amended to read:
396 17-8-7. Declaration of drought emergency -- Appropriation -- Tax levy.
397 The county legislative body of each county may at any regular meeting or at a special
398 meeting called for such purpose, declare that an emergency drought exists in said county; and
399 thereupon may appropriate from the money not otherwise appropriated in the county general
400 fund such funds as shall be necessary for the gathering of information upon, and aiding in any
401 program for increased precipitation within said county or in conjunction with any other county
402 or counties, or that if there are not sufficient funds available in the county general fund for such
403 purpose, the county legislative body may, during any such emergency so declared by them,
404 assess, levy, and direct the county to collect annually to aid in any program of increased
405 precipitation. The provisions of Sections 17-19-1 to 17-19-28 relating to budgeting [
406 not apply to appropriations necessitated by such an emergency.
407 Section 4. Section 17-11-2 is amended to read:
408 17-11-2. Initiating petitions -- Limitation.
409 Whenever there [
410 petition signed by qualified electors of [
411 votes cast at the preceding general election, praying for the submission of the question of the
412 removal of the county seat, it shall be the duty of the county legislative body to submit the
413 question of [
414 county; and [
415 provided by law for the conducting of general elections and canvassing the returns [
416 proposition of removal of the county seat [
417 more than once in four years, or within four years [
418
419 submitted.
420 Section 5. Section 17-15-16 is amended to read:
421 17-15-16. Warrants -- Payment -- Registration -- Duty of auditor.
422 Warrants drawn by order of the county executive on the county treasurer for current
423 expenses during each year [
424 they accrued, and the funds from which they are to be paid, and [
425 order of presentation to the treasurer. If the fund is insufficient to pay any warrant, it [
426 shall be registered and [
427 charges of every description [
428 audited as prescribed in this title.
429 Section 6. Section 17-16-4 is amended to read:
430 17-16-4. Election of officer to consolidated office.
431 When offices are united and consolidated [
432 (1) only one person shall be elected to fill the united and consolidated offices [
433
434 (2) the person elected shall:
435 (a) take the oath and give the bond required for[
436 (b) discharge all the duties pertaining to[
437 Section 7. Section 17-16-9 is amended to read:
438 17-16-9. Officers at county seats -- Office hours.
439 (1) The elected county officers of all counties, except those in counties having a
440 population of less than 8,000, shall have their offices at the county seats.
441 (2) (a) In all counties the clerk, sheriff, recorder, auditor, treasurer, assessor, and
442 attorney shall keep their offices open for the transaction of business as authorized by
443 resolution of the county legislative body.
444 (b) If the county legislative body does not authorize hours of operation for Saturdays,
445 then the hours served by the employees of the county [
446 their present schedule.
447 (c) (i) Any act authorized, required, or permitted to be performed at or by, or with
448 respect to, any county office on a Saturday when the county office is closed, may be performed
449 on the next business day.
450 (ii) No liability or loss of rights of any kind may result from [
451 described in Subsection (2)(c)(i).
452 Section 8. Section 17-16-16 is amended to read:
453 17-16-16. Commissioners' traveling expenses.
454 (1) The members of the board of county commissioners [
455 compensation in addition to that provided in Section 17-16-14 for any special or committee
456 work, but, subject to Subsection (2), each member shall be paid the amount of [
457 member's actual and reasonable traveling expenses in attending the regular and special sessions
458 of the board and in the discharge of necessary duties[
459 (2) Before receiving payment for the actual and reasonable traveling expenses
460 described in Subsection (1), the member shall:
461 (a) submit an itemized statement [
462 incurred[
463 (b) subscribe and swear to the statement described in Subsection (2)(a).
464 Section 9. Section 17-16a-3 is amended to read:
465 17-16a-3. Definitions.
466 As used in this part:
467 (1) "Appointed officer" means any person appointed to any statutory office or position
468 or any other person appointed to any position of employment with a county, except special
469 employees. Appointed officers include, but are not limited to persons serving on special,
470 regular or full-time committees, agencies, or boards whether or not such persons are
471 compensated for their services. The use of the word "officer" in this part is not intended to
472 make appointed persons or employees "officers" of the county.
473 (2) "Assist" means to act, or offer or agree to act, in such a way as to help, represent,
474 aid, advise, furnish information to, or otherwise provide assistance to a person or business
475 entity, believing that such action is of help, aid, advice, or assistance to such person or business
476 entity and with the intent to so assist such person or business entity.
477 (3) "Business entity" means a sole proprietorship, partnership, association, joint
478 venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on
479 a business.
480 (4) "Compensation" means anything of economic value, however designated, which is
481 paid, loaned, granted, given, donated or transferred to any person or business entity for or in
482 consideration of personal services, materials, property, or any other thing whatsoever.
483 (5) "Elected officer" means any person elected or appointed to any office in the county.
484 (6) "Governmental action" means any action on the part of a county including[
485
486 (a) any decision, determination, finding, ruling, or order; and
487 (b) any grant, payment, award, license, contract, subcontract, transaction, decision,
488 sanction, or approval, or the denial thereof, or the failure to act in respect to.
489 (7) "Special employee" means any person hired on the basis of a contract to perform a
490 special service for the county pursuant to an award of a contract following a public bid.
491 (8) "Substantial interest" means the ownership, either legally or equitably, by an
492 individual, [
493 10% of the outstanding shares of a corporation or 10% interest in any other business entity.
494 Section 10. Section 17-16a-6 is amended to read:
495 17-16a-6. Interest in business entity regulated by county -- Disclosure.
496 Every appointed or elected officer who is an officer, director, agent, or employee or the
497 owner of a substantial interest in any business entity which is subject to the regulation of the
498 county in which [
499 held and the precise nature and value of [
500 appointed or elected, and again during January of each year thereafter during which [
501 officer continues to be an appointed or elected officer. The disclosure shall be made in a sworn
502 statement filed with the county legislative body. The commission shall report the substance of
503 all such disclosure statements to the members of the governing body or may provide to the
504 members of the governing body, copies of the disclosure statement within 30 days after the
505 statement is received. This section does not apply to instances where the value of the interest
506 does not exceed $2,000, and life insurance policies and annuities [
507 considered in determining the value of [
508 Section 11. Section 17-18-1.9 is amended to read:
509 17-18-1.9. Creation of prosecution district by ordinance or interlocal agreement.
510 (1) The county governing body may create a countywide state prosecution district by
511 ordinance.
512 (2) (a) Two or more counties, whether or not contiguous, may unite to create and
513 maintain a state prosecution district by interlocal agreement pursuant to Title 11, Chapter 13.
514 (b) At the time of the creation of the prosecution district, the participating counties
515 shall be located within the same judicial district.
516 (3) The county governing body or bodies [
517 district during the term of office of an elected or appointed district attorney.
518 Section 12. Section 17-19-7 is amended to read:
519 17-19-7. Current accounts with treasurer.
520 The auditor [
521 Section 13. Section 17-19-14 is amended to read:
522 17-19-14. Duties -- Omnibus provision.
523 The auditor [
524 Section 14. Section 17-22-6 is amended to read:
525 17-22-6. Service of process on prisoners -- Penalty.
526 (1) A sheriff or jailer upon whom a paper in a judicial proceeding directed to a prisoner
527 in [
528 the prisoner, with a note thereon of the time of its service. [
529 (2) A sheriff or jailer who neglects to comply with Subsection (1) is liable to the
530 prisoner for all damages occasioned [
531 Section 15. Section 17-22-21 is amended to read:
532 17-22-21. Process justifies sheriff's action.
533 A sheriff is justified in the execution of, and [
534 orders regular on their face and issued by competent authority.
535 Section 16. Section 17-22-22 is amended to read:
536 17-22-22. Process to be exhibited.
537 The officer executing process [
538 [
539 interested person [
540 Section 17. Section 17-22-23 is amended to read:
541 17-22-23. Crier of court.
542 The sheriff in attendance upon court [
543 [
544 court, and make proclamation of the opening and adjournment of court and of any other matter
545 under its direction.
546 Section 18. Section 17-22-27 is amended to read:
547 17-22-27. Sheriff -- Assignment of court bailiffs -- Contract and costs.
548 (1) The sheriff shall assign law enforcement officers or special function officers, as
549 defined under Sections 53-13-103 and 53-13-105 , to serve as court bailiffs and security officers
550 in the courts of record and county justice courts as required by the rules of the Judicial
551 Council.
552 (2) (a) The state court administrator shall enter into a contract with the county sheriff
553 for bailiffs and building security officers for the district and juvenile courts within the county.
554 The contract [
555 purpose. The county shall assume costs related to security administration, supervision, travel,
556 equipment, and training of bailiffs.
557 (b) The contract shall specify the agreed services, costs of services, and terms of
558 payment.
559 (c) If the court is located in the same facility as a state or local law enforcement agency
560 and the county sheriff's office is not in close proximity to the court, the State Court
561 Administrator in consultation with the sheriff may enter into a contract with the state or local
562 law enforcement agency for bailiff and security services subject to meeting all other
563 requirements of this section. If the services are provided by another agency, the county sheriff
564 shall have no responsibility for the services under this section.
565 (3) (a) At the request of the court, the sheriff may appoint as a law clerk bailiff
566 graduates of a law school accredited by the American Bar Association to provide security and
567 legal research assistance. Any law clerk who is also a bailiff shall meet the requirements of
568 Subsection (1) of this section.
569 (b) The sheriff may appoint a law clerk bailiff by contract for a period not to exceed
570 two years, who shall be exempt from the deputy sheriff merit service commission.
571 Section 19. Section 17-23-16 is amended to read:
572 17-23-16. Resurveys.
573 In the resurvey of lands surveyed under the authority of the United States, the county
574 surveyor or [
575 (1) Section and quarter-section corners, and all other corners established by the
576 government survey, shall stand as the true corner.
577 (2) Missing corners shall be reestablished at the point where existing evidence would
578 indicate the original corner was located by the government survey.
579 (3) In all cases, missing corners [
580 United States Manual of Surveying Instructions.
581 Section 20. Section 17-27a-513 is amended to read:
582 17-27a-513. Manufactured homes.
583 (1) For purposes of this section, a manufactured home is the same as defined in Section
584 58-56-3 , except that the manufactured home [
585 foundation in accordance with plans providing for vertical loads, uplift, and lateral forces and
586 frost protection in compliance with the applicable building code. All appendages, including
587 carports, garages, storage buildings, additions, or alterations [
588 with the applicable building code.
589 (2) A manufactured home may not be excluded from any land use zone or area in
590 which a single-family residence would be permitted, provided the manufactured home
591 complies with all local land use ordinances, building codes, and any restrictive covenants,
592 applicable to a single-family residence within that zone or area.
593 (3) A county may not:
594 (a) adopt or enforce an ordinance or regulation that treats a proposed development that
595 includes manufactured homes differently than one that does not include manufactured homes;
596 or
597 (b) reject a development plan based on the fact that the development is expected to
598 contain manufactured homes.
599 Section 21. Section 17-27a-518 is amended to read:
600 17-27a-518. Elderly residential facilities in areas zoned exclusively for
601 single-family dwellings.
602 (1) For purposes of this section:
603 (a) no person who is being treated for alcoholism or drug abuse may be placed in a
604 residential facility for elderly persons; and
605 (b) placement in a residential facility for elderly persons shall be on a strictly voluntary
606 basis and may not be a part of, or in lieu of, confinement, rehabilitation, or treatment in a
607 correctional institution.
608 (2) Subject to the granting of a conditional use permit, a residential facility for elderly
609 persons shall be allowed in any zone that is regulated to permit exclusively single-family
610 dwelling use, if that facility:
611 (a) conforms to all applicable health, safety, land use, and building codes;
612 (b) is capable of use as a residential facility for elderly persons without structural or
613 landscaping alterations that would change the structure's residential character; and
614 (c) conforms to the county's criteria, adopted by ordinance, governing the location of
615 residential facilities for elderly persons in areas zoned to permit exclusively single-family
616 dwellings.
617 (3) A county may, by ordinance, provide that no residential facility for elderly persons
618 be established within three-quarters mile of another existing residential facility for elderly
619 persons or residential facility for persons with a disability.
620 (4) The use granted and permitted by this section is nontransferable and terminates if
621 the structure is devoted to a use other than as a residential facility for elderly persons or if the
622 structure fails to comply with applicable health, safety, and building codes.
623 (5) (a) County ordinances shall prohibit discrimination against elderly persons and
624 against residential facilities for elderly persons.
625 (b) The decision of a county regarding the application for a permit by a residential
626 facility for elderly persons [
627 based on the age of the facility's residents.
628 (6) The requirements of this section that a residential facility for elderly persons obtain
629 a conditional use permit or other permit do not apply if the facility meets the requirements of
630 existing land use ordinances that allow a specified number of unrelated persons to live
631 together.
632 Section 22. Section 17-28-11 is amended to read:
633 17-28-11. Temporary work -- Term or period.
634 [
635 within the provisions of this act may with the advice and consent of the county legislative
636 body, appoint to any position or place of employment in [
637 for temporary work without making [
638
639 (2) An appointment [
640 month in the aggregate in the same calendar year.
641 Section 23. Section 17-30-8 is amended to read:
642 17-30-8. Preservation and inspection of examination papers.
643 All examination papers shall remain the property of the commission, and shall be
644 preserved until the expiration of the eligible register for the preparation of which an
645 examination is given. Examination papers [
646 without court order, but an applicant may inspect [
647 within 30 days after the mailing of notice of [
648 authority may inspect the papers of any eligible applicant certified for appointment.
649 Section 24. Section 17-30-22 is amended to read:
650 17-30-22. Prohibitions against political activities -- Penalties.
651 (1) Any employee of a governmental unit or member of a governing body, or
652 appointing authority, or peace officer who shall appoint, promote, transfer, demote, suspend,
653 discharge or change the amount of compensation of any merit system officer or seek, aid or
654 abet the appointment, promotion, transfer, demotion, suspension, discharge or change in the
655 amount of compensation of any merit system officer, or promise or threaten to do so, for
656 giving, withholding, or neglecting to make any contributions or any service for any political
657 purpose, or who solicits, directly or indirectly, any such contribution or service, from a merit
658 system officer, shall be guilty of a misdemeanor. This section [
659 apply to political speeches or use of mass communications media for political purposes by
660 persons not merit system officers even though merit system officers may be present or within
661 the reach of such media unless the purpose and intent [
662 direct respect to [
663 (2) No merit system officer may engage in any political activity during the hours of
664 employment, nor shall any person solicit political contributions from merit system officers
665 during hours of employment for political purposes; but nothing in this section shall preclude
666 voluntary contributions by a merit system officer to the party or candidate of the officer's
667 choice.
668 Section 25. Section 17-31-3 is amended to read:
669 17-31-3. Reserve fund authorized -- Use of collected funds.
670 The county legislative body may create a reserve fund and any funds collected but not
671 expended during any fiscal year [
672 bodies but shall be retained in a special fund to be used in accordance with Sections 17-31-2
673 through 17-31-5 .
674 Section 26. Section 17-33-10 is amended to read:
675 17-33-10. Grievance and appeals procedure -- Employees' complaints of
676 discriminatory employment practice.
677 (1) Any county to which the provisions of this act apply shall establish in its personnel
678 rules and regulations a grievance and appeals procedure. The procedure shall be used to
679 resolve disputes arising from grievances as defined in the rules and regulations, including [
680
681 event of dismissal, demotion, suspension, or transfer.
682 (2) Any charge by a county career service employee of discriminatory or prohibited
683 employment practice as prohibited by Section 34A-5-106 , can be filed with the Division of
684 Antidiscrimination and Labor within the Labor Commission. Complaints shall be filed within
685 30 days of the issuance of a written decision of the county career service council.
686 Section 27. Section 17-33-15 is amended to read:
687 17-33-15. Duty of county legislative body to provide rules or regulations --
688 Conflicts with state or federal law.
689 (1) It shall be the duty of the county legislative body to provide by rule or regulation
690 for the operation and functioning of any activity within the purpose and spirit of the act which
691 is necessary and expedient.
692 (2) If any provision of this act or the application thereof is found to be in conflict with
693 any state or federal law, conflict with which would impair funding otherwise receivable from
694 the state or federal government, the conflicting part is hereby declared to be inoperative solely
695 to the extent of the conflict and with respect to the department, agency, or institution of the
696 county directly affected, but such finding [
697 remainder of this act in any of its applications.
698 (3) Notwithstanding any provision to the contrary, no rule or regulation shall be
699 adopted by the county legislative body which would deprive the county or any of its
700 departments, agencies, or institutions of state or federal grants or other forms of financial
701 assistance.
702 Section 28. Section 17-34-5 is amended to read:
703 17-34-5. Budgeting, accounting for, and disbursing of funds -- Annual audit.
704 (1) (a) With respect to the budgeting, accounting for, and disbursing of funds to furnish
705 the municipal-type services and functions described in Section 17-34-1 to areas of the county
706 outside the limits of incorporated towns and cities, including levying of taxes and imposition of
707 fees and charges under Section 17-34-3 , each county legislative body shall separately budget
708 and strictly account for and apportion to the costs of providing municipal-type services and
709 functions the following:
710 (i) the salaries of each county commissioner and the salaries and wages of all other
711 elected and appointed county officials and employees;
712 (ii) the operation and maintenance costs of each municipal-type service or function
713 provided, set forth separately as line items in the Municipal Services Fund budget;
714 (iii) the cost of renting or otherwise using capital facilities for the purposes of
715 providing municipal-type services or functions; and
716 (iv) all other costs including[
717 directly or indirectly, with the costs of providing municipal-type services or functions.
718 (b) At all times these funds and any expenditures from these funds shall be separately
719 accounted for and utilized only for the purposes of providing municipal-type services and
720 functions to areas of the county outside the limits of incorporated towns or cities.
721 (2) To implement Subsection (1):
722 (a) a budget shall be adopted and administered in the same manner as the budget for
723 general purposes of the county which furnishes the municipal-type services and functions is
724 adopted and administered, either as a part of the general budget or separate from it;
725 (b) funds for the purposes of furnishing municipal-type services and functions under
726 this chapter shall be collected, held, and administered in the same manner as other funds of the
727 county are collected, held, and administered, but shall be segregated and separately maintained,
728 except that where, in the judgment of the county legislative body, advantages inure to the fund
729 from coinvestment of these funds and other funds also subject to control by the county
730 legislative body, the county legislative body may direct this coinvestment, but in no event may
731 the funds to furnish municipal-type services and functions or the income from their investment
732 be used for purposes other than those described in Section 17-34-1 ;
733 (c) expenditures shall be made in the same manner as other expenditures of the county
734 are made; and
735 (d) any taxes levied under this chapter shall be levied at the same time and in the same
736 manner as other taxes of the county are levied.
737 (3) An annual audit of the budgeting, accounting for, and disbursing of funds used to
738 furnish municipal-type services and functions, shall be conducted by an independent certified
739 public accountant.
740 Section 29. Section 17-35b-303 is amended to read:
741 17-35b-303. Community council form of county government.
742 (1) The structural form of county government known as the "community council" form
743 unites in a single consolidated city and county government the powers, duties, and functions
744 which, immediately prior to its effective date, are vested in the county, the largest city in the
745 county, such other cities and towns as elect to merge in it, and all special taxing districts, public
746 authorities, service areas, and other local public entities functioning within the boundaries of
747 the county, except school districts. The consolidated government shall have power to extend on
748 a countywide basis any governmental service or function which is authorized by law or which
749 the previous county, cities, and other local public agencies included therein were empowered to
750 provide for their residents, but no such service shall be provided within an incorporated
751 municipality which continues to provide that service for its own inhabitants, except upon a
752 contract basis for the municipality, and no taxes, assessments, fees, or other charges shall be
753 extended or collected within the municipality for the purpose of financing any service which is
754 not provided by the consolidated government within the municipality. "Largest city," as used in
755 this section, means a city or cities the population of which, as shown by the most recent
756 decennial or special census, exceeds 35% of the total county population.
757 (2) The incorporated cities and towns, other than the largest city, in the county shall
758 retain independent corporate existence and shall continue to provide local services to their
759 inhabitants of the type and to the extent provided in the plan, but any such city or town, by
760 majority vote of its qualified voters, cast either concurrently with the election at which the plan
761 is approved or subsequently to it, as provided by the governing body of the city or town, may
762 cause the city or town to be dissolved and its powers, duties, and functions vested in the
763 countywide government.
764 (3) The county legislative body of the countywide government shall be a council
765 composed of not less than five persons as specified in the plan, elected respectively from
766 communities, which collectively include all of the territory within the county, having
767 boundaries described in the plan embracing substantially equal populations. In addition to
768 other powers vested in the countywide government by law or pursuant to this act, the county
769 council shall have all of the legislative and policymaking powers which it is possible for the
770 governing body of a county or a city to possess and which are not expressly denied by the
771 constitution, by a general law applicable to all cities or all counties, or by a specific restriction
772 in the plan itself.
773 (4) The voters of each community shall elect a community council composed of the
774 community's elected member of the county council, who shall be chairman of the community
775 council, and not less than two nor more than four additional members elected either from
776 districts of substantially equal population within the community, or at large therein, as may be
777 provided in the plan. A community council shall have the power and duty, in conformity with
778 guidelines prescribed by the county council, to adopt policies and formulate specific programs
779 relating to and defining the kinds and levels of local governmental services necessary to satisfy
780 the needs and desires of the citizens within the community, but a community council shall have
781 no power to engage personnel or to acquire facilities, property, or equipment for the
782 administration or performance of such services. Authorized programs for local governmental
783 services which have been approved by a community council shall be submitted to the county
784 council for implementation and shall be carried into effect by the county council and county
785 executive unless, by a vote of not less than 3/4 of its entire membership, the county council
786 determines that a particular program, in whole or in part, should be rejected as contrary to the
787 general welfare of the county. A community council program for local governmental services
788 within a community:
789 (a) shall include a method or methods for financing such services;
790 (b) may provide for supplying of such services by contract or by joint or cooperative
791 action pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, in which case the
792 community council shall be considered a "public agency" within the meaning of said act; and
793 (c) may provide for supplying of such services through the creation of service areas
794 pursuant to Title 17B, Chapter 2a, Part 9, Service Area Act.
795 (5) Notwithstanding Subsection (4), in any community which includes, in whole or in
796 part, the territory of a city or town, no community council program for local government
797 services above the minimum level of area-wide services provided countywide may be
798 submitted to the county council for implementation unless it first is submitted to the governing
799 body of each such city or town for review. Within 30 days after such submission, the governing
800 body of the city or town:
801 (a) may file with the community council a written statement of its comments,
802 suggestions, and recommendations relating to the program, and the community council shall
803 give due consideration thereto; or
804 (b) may, by resolution or ordinance, provide that any designated part of the community
805 council program relating to a service to be provided within the city or town shall be submitted
806 to the voters thereof at a general or special election to be held therein within 60 days after the
807 date of the resolution or ordinance. Any part of the program submitted to the voters of a city or
808 town under this Subsection (5) [
809 the county council unless it receives an approving vote at such election by majority of all votes
810 cast on the question.
811 (6) Except as provided herein, the qualifications, mode of election, term of office,
812 method of removal, procedure to fill vacancies, compensation, and other appropriate provisions
813 relating to membership on the county council or community councils shall be provided in the
814 plan.
815 (7) Upon the effective date of the plan and as provided in it, all properties and assets,
816 whether tangible or intangible, and all obligations, debts, and liabilities, of those governmental
817 entities which are merged into the new countywide government shall become vested and
818 transferred by operation of law in and to the new countywide government. The properties,
819 assets, obligations, debts, and liabilities of any city or town not merged into the new
820 countywide government, so far as allocated, used, or incurred primarily to discharge a function
821 which under the plan will no longer be a responsibility of the city or town, shall likewise be
822 vested in and transferred to the new countywide government. All transfers under this
823 Subsection (7) shall be subject to equitable adjustments, conditions, and limitations provided in
824 the plan and determined by procedures specified in the plan, but the contractual rights of any
825 bondholder or creditor [
826 (8) Upon the effective date of the plan and as provided in it, nonelective officers and
827 employees of governmental entities which are merged into the new countywide government
828 and such officers and employees of nonmerged cities or towns whose qualifications and duties
829 relate primarily to functions which under the plan will no longer be a responsibility of those
830 cities or towns, shall be blanketed in and transferred to the new countywide government as
831 officers and employees of it. Standards and procedures relating to such personnel transfers, and
832 for resolving disputes or grievances relating thereto, shall be provided in the plan.
833 Section 30. Section 17-35b-304 is amended to read:
834 17-35b-304. Consolidated city and county -- Structural form.
835 (1) The structural form of county government known as the "consolidated city and
836 county" form unites in a single consolidated city and county government the powers, duties,
837 and functions which, immediately prior to its effective date, are vested in the county, the largest
838 city in the county, such other cities and towns as elect to merge in it, and all special taxing
839 districts, public authorities, county service areas, and other local public entities functioning
840 within the boundaries of the county, except school districts. The consolidated government shall
841 with the consent of the continuing municipalities have power to extend on a countywide basis
842 any governmental service or function which is authorized by law or which the previous county,
843 cities, and other local public agencies included in them were empowered to provide for their
844 residents. No such service, however, shall be provided within an incorporated municipality
845 which continues to provide that such service for its own inhabitants, except upon a contract
846 basis for the municipality. No taxes, assessments, fees, or other charges shall be extended or
847 collected by the consolidated government within any municipality for the purpose of financing
848 any service which is not provided by the consolidated government within the municipality.
849 "Largest city," as used in this section, means a city or cities the population of which, as shown
850 by the most recent decennial or special census, exceeds 35% of the total county population.
851 (2) The incorporated cities and towns, other than the largest city in the county, shall
852 retain independent corporate existence and shall continue to provide local services to their
853 inhabitants of the type and to the extent provided in the plan; but any such city or town by
854 majority vote of its qualified voters cast either concurrently with the election at which the plan
855 is approved or subsequently to it, as provided by the governing body of the city or town, may
856 cause the city or town to be dissolved and its powers, duties, and functions vested in the
857 consolidated government.
858 (3) The governing body of the consolidated government shall be a council composed of
859 not less than five persons elected as specified in the plan. In addition to other powers vested in
860 the consolidated government by law or pursuant to this act, the county council shall have all the
861 legislative and policymaking powers which it is possible for the governing body of a county or
862 a city to possess and which are not expressly denied by the constitution, by general law
863 applicable to all cities or all counties, or by a specific restriction in the plan itself.
864 (4) Except as provided in this act, the qualifications, mode of election, term of office,
865 method of removal, procedure to fill vacancies, compensation, or other appropriate provisions
866 relating to membership on the county council shall be provided in the plan.
867 (5) Upon the effective date of the plan, as provided in it, all properties and assets,
868 whether tangible or intangible, and all obligations, debts, and liabilities of those governmental
869 entities which are merged into the consolidated government shall become vested and
870 transferred by operation of law in and to the consolidated government. The properties, assets,
871 obligations, debts, and liabilities of any city or town not merged into the consolidated
872 government, so far as allocated, used, or incurred primarily to discharge a function which under
873 the plan will no longer be a responsibility of the city or town, shall likewise be vested in and
874 transferred to the consolidated government. All transfers under this Subsection (5) shall be
875 subject to equitable adjustments, conditions, and limitations provided in the plan and
876 determined by procedures specified in the plan, but the contractual rights of any bondholder or
877 creditor [
878 (6) Upon the effective date of the plan, and as provided in it, nonelective officers and
879 employees of the governmental entities which are merged into the consolidated government
880 and such officers and employees of nonmerged cities or towns whose qualifications and duties
881 relate primarily to functions which under the plan will no longer be a responsibility of those
882 cities or towns shall be blanketed in and transferred to the consolidated government as officers
883 and employees of it. Standards and procedures relating to such personnel transfers and for
884 resolving disputes or grievances relating to them shall be provided in the plan.
885 Section 31. Section 17-36-10 is amended to read:
886 17-36-10. Preparation of tentative budget.
887 (1) On or before the first day of the next to last month of every fiscal period, the budget
888 officer shall prepare for the next budget period and file with the governing body a tentative
889 budget for each fund for which a budget is required.
890 (2) The tentative budget shall set forth in tabular form:
891 (a) actual revenues and expenditures in the last completed fiscal period;
892 (b) estimated total revenues and expenditures for the current fiscal period;
893 (c) the estimated available revenues and expenditures for the ensuing budget period
894 computed by determining:
895 (i) the estimated expenditure for each fund after review of each departmental budget
896 request;
897 (ii) (A) the total revenue requirements of the fund;
898 (B) the part of the total revenue that will be derived from revenue sources other than
899 property tax; and
900 (C) the part of the total revenue that [
901 (d) if required by the governing body, actual performance experience to the extent
902 available in work units, unit costs, man hours, and man years for each budgeted fund that
903 includes an appropriation for salaries or wages for the last completed fiscal period and the first
904 eight months of the current fiscal period if the county is on an annual fiscal period, or the first
905 20 months of the current fiscal period if the county is on a biennial fiscal period, together with
906 the total estimated performance data of like character for the current fiscal period and for the
907 ensuing budget period.
908 (3) The budget officer may recommend modification of any departmental budget
909 request under Subsection (2)(c)(i) before it is filed with the governing body, if each department
910 head has been given an opportunity to be heard concerning the modification.
911 (4) Each tentative budget shall contain the estimates of expenditures submitted by any
912 department together with specific work programs and other supportive data as the governing
913 body requests. The tentative budget shall be accompanied by a supplementary estimate of all
914 capital projects or planned capital projects within the budget period and within the next three
915 succeeding years.
916 (5) (a) Each tentative budget submitted in a county with a population in excess of
917 25,000 determined pursuant to Section 17-36-4 shall be accompanied by a budget message in
918 explanation of the budget.
919 (b) The budget message shall contain an outline of the proposed financial policies of
920 the county for the budget period and describe the important features of the budgetary plan. It
921 shall also state the reasons for changes from the previous fiscal period in appropriation and
922 revenue items and explain any major changes in financial policy.
923 (c) A budget message for counties with a population of less than 25,000 is
924 recommended but not incumbent upon the budget officer.
925 (6) The tentative budget shall be reviewed, considered, and tentatively adopted by the
926 governing body in a regular or special meeting called for that purpose. It may thereafter be
927 amended or revised by the governing body prior to public hearings thereon, except that no
928 appropriation required for debt retirement and interest or reduction, pursuant to Section
929 17-36-17 , of any deficits which exist may be reduced below the required minimum.
930 Section 32. Section 17-36-17 is amended to read:
931 17-36-17. Appropriations in final budget -- Limitations.
932 (1) The governing body of a county [
933 final budget of any fund in excess of the estimated expendable revenue of the fund for the
934 budget period.
935 (2) There shall be included as an item of appropriation in the budget of each fund for
936 any fiscal period any existing deficit as of the close of the last completed fiscal period to the
937 extent of at least 5% of the total revenue of the fund in the last completed fiscal period or if the
938 deficit is less than 5% of the total revenue, an amount equal to the deficit.
939 Section 33. Section 17-37-4 is amended to read:
940 17-37-4. Delegation of management and control authority to directors by county
941 executive body -- Contract or lease with private entity for management -- Deposit of
942 money collected -- Expenditures -- Recommendations by directors to county executive
943 body.
944 (1) Upon the appointment of a planetarium board of directors, the county executive
945 may delegate to the board of directors the authority to manage and control the functions,
946 activities, operations, maintenance, and repair of any county planetarium, and shall include in
947 its delegation the authority to approve and control all expenditures from the county planetarium
948 fund. Any delegation of authority made to the board of directors under this section shall at all
949 times be subject to the ultimate authority and responsibility of the county executive for the
950 management and control of all county funds and properties as conferred upon that board by
951 general law applicable to counties.
952 (2) (a) Upon the recommendation of the board of directors, the county may enter into a
953 contract or lease agreement with a private organization or entity for partial or full management,
954 operation and maintenance of any county planetarium and for other planetarium services,
955 which may include providing the physical facilities and equipment for the operation of a
956 planetarium.
957 (b) A contract or lease for [
958 may not extend for more than a four-year period and shall be subject to annual review by the
959 board of directors to determine if performance is in conformance with the terms of the contract
960 or lease and to establish the level of the subsequent funding pursuant to the contract or lease.
961 (3) All money collected from a county planetarium tax levy shall be deposited in the
962 county treasury to the credit of the county planetarium fund. All money collected from
963 operations of or from donations to any planetarium owned and operated by the county shall
964 also be deposited in the county treasury to the credit of the planetarium fund. Any money
965 collected from operations of a planetarium by a contracting party or lessee shall be used or
966 deposited as the contract or lease may provide. Income or proceeds from any investment by the
967 county treasurer of county planetarium funds shall be credited to the county planetarium fund
968 and used only for planetarium purposes.
969 (4) Expenditures from the county planetarium fund shall be drawn upon by the
970 authorized officers of the county upon presentation of properly authenticated vouchers or
971 documentation of the board of directors or other appropriate planetarium official. The fund
972 [
973 constructing, operating, managing, equipping, furnishing, maintaining or repairing a
974 planetarium, including appropriate, reasonable and proportionate costs allocated by the county
975 for support of the planetarium, or to pay the cost of financing and funding a contract or lease
976 agreement for facilities, equipment, management, operation, and maintenance of a planetarium.
977 (5) The board of directors shall provide recommendations to the county executive with
978 respect to the purchase, lease, exchange, construction, erection, or other acquisition of land,
979 real property improvements, and fixtures or the sale, lease, exchange, or other disposition of
980 land, real property improvements, and fixtures for the use or benefit of a county planetarium.
981 Section 34. Section 17-38-4 is amended to read:
982 17-38-4. Nontermination of taxing power.
983 The power to levy a tax as provided in Section 17-38-1 [
984 June 30, 1983.
985 Section 35. Section 17-41-301 is amended to read:
986 17-41-301. Proposal for creation of agriculture protection area or industrial
987 protection area.
988 (1) (a) A proposal to create an agriculture protection area or an industrial protection
989 area may be filed with:
990 (i) the legislative body of the county in which the area is located, if the area is within
991 the unincorporated part of a county; or
992 (ii) the legislative body of the city or town in which the area is located, if the area is
993 within a city or town.
994 (b) (i) To be accepted for processing by the applicable legislative body, a proposal
995 under Subsection (1)(a) shall be signed by a majority in number of all owners of real property
996 and the owners of a majority of the land area in agricultural production or industrial use within
997 the proposed agriculture protection area or industrial protection area, respectively.
998 (ii) For purposes of Subsection (1)(b)(i), the owners of real property shall be
999 determined by the records of the county recorder.
1000 (2) The proposal shall identify:
1001 (a) the boundaries of the land proposed to become part of an agriculture protection area
1002 or industrial protection area;
1003 (b) any limits on the types of agriculture production or industrial use to be allowed
1004 within the agriculture protection area or industrial protection area, respectively; and
1005 (c) for each parcel of land:
1006 (i) the names of the owners of record of the land proposed to be included within the
1007 agriculture protection area or industrial protection area;
1008 (ii) the tax parcel number or account number identifying each parcel; and
1009 (iii) the number of acres of each parcel.
1010 (3) An agriculture protection area or industrial protection area may include within its
1011 boundaries land used for a roadway, dwelling site, park, or other nonagricultural or, in the case
1012 of an industrial protection area, nonindustrial use if that land constitutes a minority of the total
1013 acreage within the agriculture protection area or industrial protection area, respectively.
1014 (4) A county or municipal legislative body may establish:
1015 (a) the manner and form for submission of proposals; and
1016 (b) reasonable fees for accepting and processing the proposal.
1017 (5) Each county and municipal legislative body shall establish the minimum number of
1018 continuous acres that [
1019 protection area.
1020 Section 36. Section 17-41-401 is amended to read:
1021 17-41-401. Farmland Assessment Act benefits not affected.
1022 (1) Creation of an agriculture protection area [
1023 land within the area to obtain the benefits of Title 59, Chapter 2, Part 5, Farmland Assessment
1024 Act.
1025 (2) The eligibility of land for the benefits of Title 59, Chapter 2, Part 5, Farmland
1026 Assessment Act, shall be determined exclusively by the provisions of that act, notwithstanding
1027 the land's location within an agriculture protection area.
1028 Section 37. Section 17-52-401 is amended to read:
1029 17-52-401. Contents of proposed optional plan.
1030 (1) Each optional plan proposed under this chapter:
1031 (a) shall propose the adoption of one of the forms of county government listed in
1032 Subsection 17-52-402 (1)(a);
1033 (b) shall contain detailed provisions relating to the transition from the existing form of
1034 county government to the form proposed in the optional plan, including provisions relating to
1035 the:
1036 (i) election or appointment of officers specified in the optional plan for the new form of
1037 county government;
1038 (ii) retention, elimination, or combining of existing offices and, if an office is
1039 eliminated, the division or department of county government responsible for performing the
1040 duties of the eliminated office;
1041 (iii) continuity of existing ordinances and regulations;
1042 (iv) continuation of pending legislative, administrative, or judicial proceedings;
1043 (v) making of interim and temporary appointments; and
1044 (vi) preparation, approval, and adjustment of necessary budget appropriations;
1045 (c) shall specify the date it is to become effective if adopted, which [
1046 be earlier than the first day of January next following the election of officers under the new
1047 plan; and
1048 (d) notwithstanding any other provision of this title and except with respect to an
1049 optional plan that proposes the adoption of the county commission or expanded county
1050 commission form of government, with respect to the county budget:
1051 (i) may provide that the county auditor's role is to be the budget officer, to project
1052 county revenues, and to prepare a tentative budget to present to the county executive; and
1053 (ii) shall provide that the county executive's role is to prepare and present a proposed
1054 budget to the county legislative body, and the county legislative body's role is to adopt a final
1055 budget.
1056 (2) Subject to Subsection (3), an optional plan may include provisions that are
1057 considered necessary or advisable to the effective operation of the proposed optional plan.
1058 (3) An optional plan may not include any provision that is inconsistent with or
1059 prohibited by the Utah Constitution or any statute.
1060 (4) Each optional plan proposing to change the form of government to a form under
1061 Section 17-52-504 or 17-52-505 shall:
1062 (a) provide for the same executive and legislative officers as are specified in the
1063 applicable section for the form of government being proposed by the optional plan;
1064 (b) provide for the election of the county council;
1065 (c) specify the number of county council members, which shall be an odd number from
1066 three to nine;
1067 (d) specify whether the members of the county council are to be elected from districts,
1068 at large, or by a combination of at large and by district;
1069 (e) specify county council members' qualifications and terms and whether the terms are
1070 to be staggered;
1071 (f) contain procedures for filling vacancies on the county council, consistent with the
1072 provisions of Section 20A-1-508 ; and
1073 (g) state the initial compensation, if any, of county council members and procedures for
1074 prescribing and changing compensation.
1075 (5) Each optional plan proposing to change the form of government to the county
1076 commission form under Section 17-52-501 or the expanded county commission form under
1077 Section 17-52-502 shall specify:
1078 (a) (i) for the county commission form of government, that the county commission
1079 shall have three members; or
1080 (ii) for the expanded county commission form of government, whether the county
1081 commission shall have five or seven members;
1082 (b) the terms of office for county commission members and whether the terms are to be
1083 staggered;
1084 (c) whether members of the county commission are to be elected from districts, at
1085 large, or by a combination of at large and from districts; and
1086 (d) if any members of the county commission are to be elected from districts, the
1087 district residency requirements for those commission members.
1088 Section 38. Section 17-53-209 is amended to read:
1089 17-53-209. Records to be kept.
1090 The legislative body of each county shall cause to be kept:
1091 (1) a minute record, in which [
1092 the county legislative body and the daily proceedings had at all regular and special meetings;
1093 (2) an allowance record, in which [
1094 of money from the county treasury, to whom made and on what account, dating, numbering,
1095 and indexing the same through each year;
1096 (3) a road record, containing all proceedings and adjudications relating to the
1097 establishment, maintenance, charge, and discontinuance of roads and road districts, and all
1098 contracts and other matters pertaining thereto;
1099 (4) a franchise record, containing all franchises granted by the board, for what purpose,
1100 the length of time, and to whom granted, the amount of bond and license tax required or other
1101 consideration to be paid;
1102 (5) an ordinance record, in which [
1103 passed by the county legislative body; and
1104 (6) a warrant record, to be kept by the county auditor, in which [
1105 in the order of drawing all warrants drawn on the treasurer, with their number and reference to
1106 the order on the minute record, with date, amount, on what account, and the name of the payee.
1107 Section 39. Section 17-53-311 is amended to read:
1108 17-53-311. Contracting for management, maintenance, operation, or construction
1109 of jails.
1110 (1) (a) With the approval of the sheriff, a county executive may contract with private
1111 contractors for management, maintenance, operation, and construction of county jails.
1112 (b) A county executive may include a provision in the contract that allows use of a
1113 building authority created under the provisions of Title 17D, Chapter 2, Local Building
1114 Authority Act, to construct or acquire a jail facility.
1115 (c) A county executive may include a provision in the contract that requires that any
1116 jail facility meet any federal, state, or local standards for the construction of jails.
1117 (2) If a county executive contracts only for the management, maintenance, or operation
1118 of a jail, the county executive shall include provisions in the contract that:
1119 (a) require the private contractor to post a performance bond in the amount set by the
1120 county legislative body;
1121 (b) establish training standards that [
1122 (c) require the private contractor to provide and fund training for jail personnel so that
1123 the personnel meet the standards established in the contract and any other federal, state, or local
1124 standards for the operation of jails and the treatment of jail prisoners;
1125 (d) require the private contractor to indemnify the county for errors, omissions,
1126 defalcations, and other activities committed by the private contractor that result in liability to
1127 the county;
1128 (e) require the private contractor to show evidence of liability insurance protecting the
1129 county and its officers, employees, and agents from liability arising from the construction,
1130 operation, or maintenance of the jail, in an amount not less than those specified in Title 63G,
1131 Chapter 7, Governmental Immunity Act of Utah;
1132 (f) require the private contractor to:
1133 (i) receive all prisoners committed to the jail by competent authority; and
1134 (ii) provide them with necessary food, clothing, and bedding in the manner prescribed
1135 by the governing body; and
1136 (g) prohibit the use of inmates by the private contractor for private business purposes
1137 of any kind.
1138 (3) A contractual provision requiring the private contractor to maintain liability
1139 insurance in an amount not less than the liability limits established by Title 63G, Chapter 7,
1140 Governmental Immunity Act of Utah, may not be construed as waiving the limitation on
1141 damages recoverable from a governmental entity or its employees established by that chapter.
1142 Section 40. Section 17B-1-304 is amended to read:
1143 17B-1-304. Appointment procedures for appointed members.
1144 (1) The appointing authority may, by resolution, appoint persons to serve as members
1145 of a local district board by following the procedures established by this section.
1146 (2) (a) In any calendar year when appointment of a new local district board member is
1147 required, the appointing authority shall prepare a notice of vacancy that contains:
1148 (i) the positions that are vacant that [
1149 (ii) the qualifications required to be appointed to those positions;
1150 (iii) the procedures for appointment that the governing body will follow in making
1151 those appointments; and
1152 (iv) the person to be contacted and any deadlines that a person [
1153 wishes to be considered for appointment to those positions.
1154 (b) The appointing authority shall:
1155 (i) post the notice of vacancy in four public places within the local district at least one
1156 month before the deadline for accepting nominees for appointment; and
1157 (ii) (A) publish the notice of vacancy:
1158 (I) in a daily newspaper of general circulation within the local district for five
1159 consecutive days before the deadline for accepting nominees for appointment; or
1160 (II) in a local weekly newspaper circulated within the local district in the week before
1161 the deadline for accepting nominees for appointment; and
1162 (B) in accordance with Section 45-1-101 for five days before the deadline for accepting
1163 nominees for appointment.
1164 (c) The appointing authority may bill the local district for the cost of preparing,
1165 printing, and publishing the notice.
1166 (3) (a) Not sooner than two months after the appointing authority is notified of the
1167 vacancy, the appointing authority shall select a person to fill the vacancy from the applicants
1168 who meet the qualifications established by law.
1169 (b) The appointing authority shall:
1170 (i) comply with Title 52, Chapter 4, Open and Public Meetings Act, in making the
1171 appointment;
1172 (ii) allow any interested persons to be heard; and
1173 (iii) adopt a resolution appointing a person to the local district board.
1174 (c) If no candidate for appointment to fill the vacancy receives a majority vote of the
1175 appointing authority, the appointing authority shall select the appointee from the two top
1176 candidates by lot.
1177 (4) Persons appointed to serve as members of the local district board serve four-year
1178 terms, but may be removed for cause at any time after a hearing by 2/3 vote of the appointing
1179 body.
1180 (5) At the end of each board member's term, the position is considered vacant and the
1181 appointing authority may either reappoint the old board member or appoint a new member after
1182 following the appointment procedures established in this section.
1183 (6) Notwithstanding any other provision of this section, if the appointing authority
1184 appoints one of its own members, it need not comply with the provisions of this section.
1185 Section 41. Section 17B-1-506 is amended to read:
1186 17B-1-506. Withdrawal petition requirements.
1187 (1) Each petition under Section 17B-1-504 shall:
1188 (a) indicate the typed or printed name and current address of each owner of acre-feet of
1189 water, property owner, registered voter, or authorized representative of the governing body
1190 signing the petition;
1191 (b) separately group signatures by municipality and, in the case of unincorporated
1192 areas, by county;
1193 (c) if it is a petition signed by the owners of land, the assessment of which is based on
1194 acre-feet of water, indicate the address of the property and the property tax identification parcel
1195 number of the property as to which the owner is signing the request;
1196 (d) designate up to three signers of the petition as sponsors, or in the case of a petition
1197 filed under Subsection 17B-1-504 (1)(a)(iv), designate a governmental representative as a
1198 sponsor, and in each case, designate one sponsor as the contact sponsor with the mailing
1199 address and telephone number of each;
1200 (e) state the reasons for withdrawal; and
1201 (f) when the petition is filed with the local district board of trustees, be accompanied by
1202 a map generally depicting the boundaries of the area proposed to be withdrawn and a legal
1203 description of the area proposed to be withdrawn.
1204 (2) (a) The local district may prepare an itemized list of expenses, other than attorney
1205 expenses, that will necessarily be incurred by the local district in the withdrawal proceeding.
1206 The itemized list of expenses may be submitted to the contact sponsor. If the list of expenses is
1207 submitted to the contact sponsor within 21 days after receipt of the petition, the contact sponsor
1208 on behalf of the petitioners shall be required to pay the expenses to the local district within 90
1209 days of receipt. Until funds to cover the expenses are delivered to the local district, the district
1210 will have no obligation to proceed with the withdrawal and the time limits on the district stated
1211 in this part will be tolled. If the expenses are not paid within the 90 days, or within 90 days
1212 from the conclusion of any arbitration under Subsection (2)(b), the petition requesting the
1213 withdrawal shall be considered to have been withdrawn.
1214 (b) If there is no agreement between the board of trustees of the local district and the
1215 contact sponsor on the amount of expenses that will necessarily be incurred by the local district
1216 in the withdrawal proceeding, either the board of trustees or the contact sponsor may submit
1217 the matter to binding arbitration in accordance with Title 78B, Chapter 6, Part 2, Alternative
1218 Dispute Resolution Act; provided that, if the parties cannot agree upon an arbitrator and the
1219 rules and procedures that will control the arbitration, either party may pursue arbitration under
1220 Title 78B, Chapter 11, Utah Uniform Arbitration Act.
1221 (3) A signer of a petition may withdraw or, once withdrawn, reinstate the signer's
1222 signature at any time before the public hearing under Section 17B-1-508 by submitting a
1223 written withdrawal or reinstatement with the board of trustees of the local district in which the
1224 area proposed to be withdrawn is located.
1225 (4) If it reasonably appears that, if the withdrawal which is the subject of a petition
1226 filed under Subsection 17B-1-504 (1)(a)(i) or (ii) is granted, it will be necessary for a
1227 municipality to provide to the withdrawn area the service previously supplied by the local
1228 district, the board of trustees of the local district may, within 21 days after receiving the
1229 petition, notify the contact sponsor in writing that, before it will be considered by the board of
1230 trustees, the petition [
1231 municipality as provided in Subsection 17B-1-504 (1)(a)(iv) before it will be considered by the
1232 local district board of trustees. If the notice is timely given to the contact sponsor, the petition
1233 shall be considered to have been withdrawn until the municipality files a petition with the local
1234 district under Subsection 17B-1-504 (1)(a)(iv).
1235 (5) (a) After receiving the notice required by Subsection 17B-1-504 (2), unless
1236 specifically allowed by law, a public entity may not make expenditures from public funds to
1237 support or oppose the gathering of signatures on a petition for withdrawal.
1238 (b) Nothing in this section prohibits a public entity from providing factual information
1239 and analysis regarding a withdrawal petition to the public, so long as the information grants
1240 equal access to both the opponents and proponents of the petition for withdrawal.
1241 (c) Nothing in this section prohibits a public official from speaking, campaigning,
1242 contributing personal money, or otherwise exercising the public official's constitutional rights.
1243 Section 42. Section 17B-1-510 is amended to read:
1244 17B-1-510. Resolution approving or rejecting withdrawal -- Criteria for approval
1245 or rejection -- Terms and conditions.
1246 (1) (a) On or before the date of the board meeting next following the public hearing
1247 under Section 17B-1-508 , but in no case later than 90 days after the public hearing or, if no
1248 hearing is held, within 90 days after the filing of a petition under Section 17B-1-504 , the board
1249 of trustees of the local district in which the area proposed to be withdrawn is located shall
1250 adopt a resolution:
1251 (i) approving the withdrawal of some or all of the area from the local district; or
1252 (ii) rejecting the withdrawal.
1253 (b) Each resolution approving a withdrawal shall:
1254 (i) include a legal description of the area proposed to be withdrawn;
1255 (ii) state the effective date of the withdrawal; and
1256 (iii) set forth the terms and conditions under Subsection (5), if any, of the withdrawal.
1257 (c) Each resolution rejecting a withdrawal shall include a detailed explanation of the
1258 board of trustees' reasons for the rejection.
1259 (2) Unless denial of the petition is required under Subsection (3), the board of trustees
1260 shall adopt a resolution approving the withdrawal of some or all of the area from the local
1261 district if the board of trustees determines that:
1262 (a) the area to be withdrawn does not and will not require the service that the local
1263 district provides;
1264 (b) the local district will not be able to provide service to the area to be withdrawn for
1265 the reasonably foreseeable future; or
1266 (c) the area to be withdrawn has obtained the same service that is provided by the local
1267 district or a commitment to provide the same service that is provided by the local district from
1268 another source.
1269 (3) The board of trustees shall adopt a resolution denying the withdrawal if it
1270 determines that the proposed withdrawal would:
1271 (a) result in a breach or default by the local district under:
1272 (i) any of its notes, bonds, or other debt or revenue obligations;
1273 (ii) any of its agreements with entities which have insured, guaranteed, or otherwise
1274 credit-enhanced any debt or revenue obligations of the local district; or
1275 (iii) any of its agreements with the United States or any agency of the United States;
1276 provided, however, that, if the local district has entered into an agreement with the United
1277 States that requires the consent of the United States for a withdrawal of territory from the
1278 district, a withdrawal under this part may occur if the written consent of the United States is
1279 obtained and filed with the board of trustees;
1280 (b) adversely affect the ability of the local district to make any payments or perform
1281 any other material obligations under:
1282 (i) any of its agreements with the United States or any agency of the United States;
1283 (ii) any of its notes, bonds, or other debt or revenue obligations; or
1284 (iii) any of its agreements with entities which have insured, guaranteed, or otherwise
1285 credit-enhanced any debt or revenue obligations of the local district;
1286 (c) result in the reduction or withdrawal of any rating on an outstanding note, bond, or
1287 other debt or revenue obligation of the local district;
1288 (d) create an island or peninsula of nondistrict territory within the local district or of
1289 district territory within nondistrict territory that has a material adverse affect on the local
1290 district's ability to provide service or materially increases the cost of providing service to the
1291 remainder of the local district;
1292 (e) materially impair the operations of the remaining local district; or
1293 (f) require the local district to materially increase the fees it charges or property taxes
1294 or other taxes it levies in order to provide to the remainder of the district the same level and
1295 quality of service that was provided before the withdrawal.
1296 (4) In determining whether the withdrawal would have any of the results described in
1297 Subsection (3), the board of trustees may consider the cumulative impact that multiple
1298 withdrawals over a specified period of time would have on the local district.
1299 (5) (a) Despite the presence of one or more of the conditions listed in Subsection (3),
1300 the board of trustees may approve a resolution withdrawing an area from the local district
1301 imposing terms or conditions that mitigate or eliminate the conditions listed in Subsection (3),
1302 including:
1303 (i) a requirement that the owners of property located within the area proposed to be
1304 withdrawn or residents within that area pay their proportionate share of any outstanding district
1305 bond or other obligation as determined pursuant to Subsection (5)(b);
1306 (ii) a requirement that the owners of property located within the area proposed to be
1307 withdrawn or residents within that area make one or more payments in lieu of taxes, fees, or
1308 assessments;
1309 (iii) a requirement that the board of trustees and the receiving entity agree to reasonable
1310 payment and other terms in accordance with Subsections (5)(f) through (g) regarding the
1311 transfer to the receiving entity of district assets that the district used before withdrawal to
1312 provide service to the withdrawn area but no longer needs because of the withdrawal; provided
1313 that, if those district assets are allocated in accordance with Subsections (5)(f) through (g), the
1314 district shall immediately transfer to the receiving entity on the effective date of the
1315 withdrawal, all title to and possession of district assets allocated to the receiving entity; or
1316 (iv) any other reasonable requirement considered to be necessary by the board of
1317 trustees.
1318 (b) Other than as provided for in Subsection 17B-1-511 (2), and except as provided in
1319 Subsection (5)(e), in determining the proportionate share of outstanding bonded indebtedness
1320 or other obligations under Subsection (5)(a)(i) and for purposes of determining the allocation
1321 and transfer of district assets under Subsection (5)(a)(iii), the board of trustees and the
1322 receiving entity, or in cases where there is no receiving entity, the board and the sponsors of the
1323 petition shall:
1324 (i) engage engineering and accounting consultants chosen by the procedure provided in
1325 Subsection (5)(d); provided however, that if the withdrawn area is not receiving service, an
1326 engineering consultant need not be engaged; and
1327 (ii) require the engineering and accounting consultants engaged under Subsection
1328 (5)(b)(i) to communicate in writing to the board of trustees and the receiving entity, or in cases
1329 where there is no receiving entity, the board and the sponsors of the petition the information
1330 required by Subsections (5)(f) through (h).
1331 (c) For purposes of this Subsection (5):
1332 (i) "accounting consultant" means a certified public accountant or a firm of certified
1333 public accountants with the expertise necessary to make the determinations required under
1334 Subsection (5)(h); and
1335 (ii) "engineering consultant" means a person or firm that has the expertise in the
1336 engineering aspects of the type of system by which the withdrawn area is receiving service that
1337 is necessary to make the determination required under Subsections (5)(f) and (g).
1338 (d) (i) Unless the board of trustees and the receiving entity, or in cases where there is
1339 no receiving entity, the board and the sponsors of the petition agree on an engineering
1340 consultant and an accounting consultant, each consultant shall be chosen from a list of
1341 consultants provided by the Consulting Engineers Council of Utah and the Utah Association of
1342 Certified Public Accountants, respectively, as provided in this Subsection (5)(d).
1343 (ii) A list under Subsection (5)(d)(i) may not include a consultant who has had a
1344 contract for services with the district or the receiving entity during the two-year period
1345 immediately before the list is provided to the local district.
1346 (iii) Within 20 days of receiving the lists described in Subsection (5)(d)(i), the board of
1347 trustees shall eliminate the name of one engineering consultant from the list of engineering
1348 consultants and the name of one accounting consultant from the list of accounting consultants
1349 and shall notify the receiving entity, or in cases where there is no receiving entity, the sponsors
1350 of the petition in writing of the eliminations.
1351 (iv) Within three days of receiving notification under Subsection (5)(d), the receiving
1352 entity, or in cases where there is no receiving entity, the sponsors of the petition shall eliminate
1353 another name of an engineering consultant from the list of engineering consultants and another
1354 name of an accounting consultant from the list of accounting consultants and shall notify the
1355 board of trustees in writing of the eliminations.
1356 (v) The board of trustees and the receiving entity, or in cases where there is no
1357 receiving entity, the board and the sponsors of the petition shall continue to alternate between
1358 them, each eliminating the name of one engineering consultant from the list of engineering
1359 consultants and the name of one accounting consultant from the list of accounting consultants
1360 and providing written notification of the eliminations within three days of receiving
1361 notification of the previous notification, until the name of only one engineering consultant
1362 remains on the list of engineering consultants and the name of only one accounting consultant
1363 remains on the list of accounting consultants.
1364 (e) The requirement under Subsection (5)(b) to engage engineering and accounting
1365 consultants does not apply if the board of trustees and the receiving entity, or in cases where
1366 there is no receiving entity, the board and the sponsors of the petition agree on the allocations
1367 that are the engineering consultant's responsibility under Subsection (5)(f) or the
1368 determinations that are the accounting consultant's responsibility under Subsection (5)(h);
1369 provided however, that if engineering and accounting consultants are engaged, the district and
1370 the receiving entity, or in cases where there is no receiving entity, the district and the sponsors
1371 of the petition shall equally share the cost of the engineering and accounting consultants.
1372 (f) (i) The engineering consultant shall allocate the district assets between the district
1373 and the receiving entity as provided in this Subsection (5)(f).
1374 (ii) The engineering consultant shall allocate:
1375 (A) to the district those assets reasonably needed by the district to provide to the area
1376 of the district remaining after withdrawal the kind, level, and quality of service that was
1377 provided before withdrawal; and
1378 (B) to the receiving entity those assets reasonably needed by the receiving entity to
1379 provide to the withdrawn area the kind and quality of service that was provided before
1380 withdrawal.
1381 (iii) If the engineering consultant determines that both the local district and the
1382 receiving entity reasonably need a district asset to provide to their respective areas the kind and
1383 quality of service provided before withdrawal, the engineering consultant shall:
1384 (A) allocate the asset between the local district and the receiving entity according to
1385 their relative needs, if the asset is reasonably susceptible of division; or
1386 (B) allocate the asset to the local district, if the asset is not reasonably susceptible of
1387 division.
1388 (g) All district assets remaining after application of Subsection (5)(f) shall be allocated
1389 to the local district.
1390 (h) (i) The accounting consultant shall determine the withdrawn area's proportionate
1391 share of any redemption premium and the principal of and interest on:
1392 (A) the local district's revenue bonds that were outstanding at the time the petition was
1393 filed;
1394 (B) the local district's general obligation bonds that were outstanding at the time the
1395 petition was filed; and
1396 (C) the local district's general obligation bonds that:
1397 (I) were outstanding at the time the petition was filed; and
1398 (II) are treated as revenue bonds under Subsection (5)(i); and
1399 (D) the district's bonds that were issued prior to the date the petition was filed to refund
1400 the district's revenue bonds, general obligation bonds, or general obligation bonds treated as
1401 revenue bonds.
1402 (ii) For purposes of Subsection (5)(h)(i), the withdrawn area's proportionate share of
1403 redemption premium, principal, and interest shall be the amount that bears the same
1404 relationship to the total redemption premium, principal, and interest for the entire district that
1405 the average annual gross revenues from the withdrawn area during the three most recent
1406 complete fiscal years before the filing of the petition bears to the average annual gross revenues
1407 from the entire district for the same period.
1408 (i) For purposes of Subsection (5)(h)(i), a district general obligation bond shall be
1409 treated as a revenue bond if:
1410 (i) the bond is outstanding on the date the petition was filed; and
1411 (ii) the principal of and interest on the bond, as of the date the petition was filed, had
1412 been paid entirely from local district revenues and not from a levy of ad valorem tax.
1413 (j) (i) Before the board of trustees of the local district files a resolution approving a
1414 withdrawal, the receiving entity, or in cases where there is no receiving entity, the sponsors of
1415 the petition shall irrevocably deposit government obligations, as defined in Subsection
1416 11-27-2 (6), into an escrow trust fund the principal of and interest on which are sufficient to
1417 provide for the timely payment of the amount determined by the accounting consultant under
1418 Subsection (5)(h) or in an amount mutually agreeable to the board of trustees of the local
1419 district and the receiving entity, or in cases where there is no receiving entity, the board and the
1420 sponsors of the petition. Notwithstanding Subsection 17B-1-512 (1), the board of trustees
1421 [
1422 requirements for establishing and funding an escrow trust fund in this Subsection (5)(j)(i) have
1423 been met; provided that, if the escrow trust fund has not been established and funded within
1424 180 days after the board of trustees passes a resolution approving a withdrawal, the resolution
1425 approving the withdrawal shall be void.
1426 (ii) Concurrently with the creation of the escrow, the receiving entity, or in cases where
1427 there is no receiving entity, the sponsors of the petition shall provide to the board of trustees of
1428 the local district:
1429 (A) a written opinion of an attorney experienced in the tax-exempt status of municipal
1430 bonds stating that the establishment and use of the escrow to pay the proportionate share of the
1431 district's outstanding revenue bonds and general obligation bonds that are treated as revenue
1432 bonds will not adversely affect the tax-exempt status of the bonds; and
1433 (B) a written opinion of an independent certified public accountant verifying that the
1434 principal of and interest on the deposited government obligations are sufficient to provide for
1435 the payment of the withdrawn area's proportionate share of the bonds as provided in Subsection
1436 (5)(h).
1437 (iii) The receiving entity, or in cases where there is no receiving entity, the sponsors of
1438 the petition shall bear all expenses of the escrow and the redemption of the bonds.
1439 (iv) The receiving entity may issue bonds under Title 11, Chapter 14, Local
1440 Government Bonding Act, and Title 11, Chapter 27, Utah Refunding Bond Act, to fund the
1441 escrow.
1442 (6) A requirement imposed by the board of trustees as a condition to withdrawal under
1443 Subsection (5) shall, in addition to being expressed in the resolution, be reduced to a duly
1444 authorized and executed written agreement between the parties to the withdrawal.
1445 (7) An area that is the subject of a withdrawal petition under Section 17B-1-504 that
1446 results in a board of trustees resolution denying the proposed withdrawal may not be the
1447 subject of another withdrawal petition under Section 17B-1-504 for two years after the date of
1448 the board of trustees resolution denying the withdrawal.
1449 Section 43. Section 17B-1-512 is amended to read:
1450 17B-1-512. Filing of notice and plat -- Recording requirements -- Contest period
1451 -- Judicial review.
1452 (1) (a) Within the time specified in Subsection (1)(b), the board of trustees shall file
1453 with the lieutenant governor:
1454 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
1455 that meets the requirements of Subsection 67-1a-6.5 (3); and
1456 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 .
1457 (b) The board of trustees shall file the documents listed in Subsection (1)(a):
1458 (i) within 10 days after adopting a resolution approving a withdrawal under Section
1459 17B-1-510 ; and
1460 (ii) as soon as practicable after receiving a notice under Subsection 10-2-425 (2) of an
1461 automatic withdrawal under Subsection 17B-1-502 (2), after receiving a copy of the municipal
1462 legislative body's resolution approving an automatic withdrawal under Subsection
1463 17B-1-502 (3)(a), or after receiving notice of a withdrawal of a municipality from a local
1464 district under Section 17B-2-505 .
1465 (c) Upon the lieutenant governor's issuance of a certificate of withdrawal under Section
1466 67-1a-6.5 , the board shall:
1467 (i) if the withdrawn area is located within the boundary of a single county, submit to
1468 the recorder of that county:
1469 (A) the original:
1470 (I) notice of an impending boundary action;
1471 (II) certificate of withdrawal; and
1472 (III) approved final local entity plat; and
1473 (B) if applicable, a certified copy of the resolution or notice referred to in Subsection
1474 (1)(b); or
1475 (ii) if the withdrawn area is located within the boundaries of more than a single county,
1476 submit:
1477 (A) the original of the documents listed in Subsections (1)(c)(i)(A)(I), (II), and (III)
1478 and, if applicable, a certified copy of the resolution or notice referred to in Subsection (1)(b) to
1479 one of those counties; and
1480 (B) a certified copy of the documents listed in Subsections (1)(c)(i)(A)(I), (II), and (III)
1481 and a certified copy of the resolution or notice referred to in Subsection (1)(b) to each other
1482 county.
1483 (2) (a) Upon the lieutenant governor's issuance of the certificate of withdrawal under
1484 Section 67-1a-6.5 for a withdrawal under Section 17B-1-510 , for an automatic withdrawal
1485 under Subsection 17B-1-502 (3), or for the withdrawal of a municipality from a local district
1486 under Section 17B-1-505 , the withdrawal shall be effective, subject to the conditions of the
1487 withdrawal resolution, if applicable.
1488 (b) An automatic withdrawal under Subsection 17B-1-502 (3) shall be effective upon
1489 the lieutenant governor's issuance of a certificate of withdrawal under Section 67-1a-6.5 .
1490 (3) (a) The local district may provide for the publication of any resolution approving or
1491 denying the withdrawal of an area:
1492 (i) in a newspaper of general circulation in the area proposed for withdrawal; and
1493 (ii) as required in Section 45-1-101 .
1494 (b) In lieu of publishing the entire resolution, the local district may publish a notice of
1495 withdrawal or denial of withdrawal, containing:
1496 (i) the name of the local district;
1497 (ii) a description of the area proposed for withdrawal;
1498 (iii) a brief explanation of the grounds on which the board of trustees determined to
1499 approve or deny the withdrawal; and
1500 (iv) the times and place where a copy of the resolution may be examined, which shall
1501 be at the place of business of the local district, identified in the notice, during regular business
1502 hours of the local district as described in the notice and for a period of at least 30 days after the
1503 publication of the notice.
1504 (4) Any sponsor of the petition or receiving entity may contest the board's decision to
1505 deny a withdrawal of an area from the local district by submitting a request, within 60 days
1506 after the resolution is adopted under Section 17B-1-510 , to the board of trustees, suggesting
1507 terms or conditions to mitigate or eliminate the conditions upon which the board of trustees
1508 based its decision to deny the withdrawal.
1509 (5) Within 60 days after the request under Subsection (4) is submitted to the board of
1510 trustees, the board may consider the suggestions for mitigation and adopt a resolution
1511 approving or denying the request in the same manner as provided in Section 17B-1-510 with
1512 respect to the original resolution denying the withdrawal and file a notice of the action as
1513 provided in Subsection (1).
1514 (6) (a) Any person in interest may seek judicial review of:
1515 (i) the board of trustees' decision to withdraw an area from the local district;
1516 (ii) the terms and conditions of a withdrawal; or
1517 (iii) the board's decision to deny a withdrawal.
1518 (b) Judicial review under this Subsection (6) shall be initiated by filing an action in the
1519 district court in the county in which a majority of the area proposed to be withdrawn is located:
1520 (i) if the resolution approving or denying the withdrawal is published under Subsection
1521 (3), within 60 days after the publication or after the board of trustees' denial of the request
1522 under Subsection (5);
1523 (ii) if the resolution is not published pursuant to Subsection (3), within 60 days after
1524 the resolution approving or denying the withdrawal is adopted; or
1525 (iii) if a request is submitted to the board of trustees of a local district under Subsection
1526 (4), and the board adopts a resolution under Subsection (5), within 60 days after the board
1527 adopts a resolution under Subsection (5) unless the resolution is published under Subsection
1528 (3), in which event the action [
1529 (c) A court in which an action is filed under this Subsection (6) may not overturn, in
1530 whole or in part, the board of trustees' decision to approve or reject the withdrawal unless:
1531 (i) the court finds the board of trustees' decision to be arbitrary or capricious; or
1532 (ii) the court finds that the board materially failed to follow the procedures set forth in
1533 this part.
1534 (d) A court may award costs and expenses of an action under this section, including
1535 reasonable attorney fees, to the prevailing party.
1536 (7) After the applicable contest period under Subsection (4) or (6), no person may
1537 contest the board of trustees' approval or denial of withdrawal for any cause.
1538 Section 44. Section 17B-1-607 is amended to read:
1539 17B-1-607. Tentative budget to be prepared -- Review by governing body.
1540 (1) On or before the first regularly scheduled meeting of the board of trustees in
1541 November for a calendar year entity and May for a fiscal year entity, the budget officer of each
1542 local district shall prepare for the ensuing year, on forms provided by the state auditor, and file
1543 with the board of trustees a tentative budget for each fund for which a budget is required.
1544 (2) (a) Each tentative budget under Subsection (1) shall provide in tabular form:
1545 (i) actual revenues and expenditures for the last completed fiscal year;
1546 (ii) estimated total revenues and expenditures for the current fiscal year; and
1547 (iii) the budget officer's estimates of revenues and expenditures for the budget year.
1548 (b) The budget officer shall estimate the amount of revenue available to serve the needs
1549 of each fund, estimate the portion to be derived from all sources other than general property
1550 taxes, and estimate the portion that [
1551 (3) The tentative budget, when filed by the budget officer with the board of trustees,
1552 shall contain the estimates of expenditures together with specific work programs and any other
1553 supporting data required by this part or requested by the board.
1554 (4) The board of trustees shall review, consider, and tentatively adopt the tentative
1555 budget in any regular meeting or special meeting called for that purpose and may amend or
1556 revise the tentative budget in any manner that the board considers advisable prior to public
1557 hearings, but no appropriation required for debt retirement and interest or reduction of any
1558 existing deficits under Section 17B-1-613 , or otherwise required by law, may be reduced below
1559 the minimums so required.
1560 (5) When a new district is created, the board of trustees shall:
1561 (a) prepare a budget covering the period from the date of incorporation to the end of
1562 the fiscal year;
1563 (b) substantially comply with all other provisions of this part with respect to notices
1564 and hearings; and
1565 (c) pass the budget as soon after incorporation as feasible.
1566 Section 45. Section 17B-2a-807 is amended to read:
1567 17B-2a-807. Public transit district board of trustees -- Appointment --
1568 Apportionment -- Qualifications -- Quorum -- Compensation -- Terms.
1569 (1) (a) If 200,000 people or fewer reside within the boundaries of a public transit
1570 district, the board of trustees shall consist of members appointed by the legislative bodies of
1571 each municipality, county, or unincorporated area within any county on the basis of one
1572 member for each full unit of regularly scheduled passenger routes proposed to be served by the
1573 district in each municipality or unincorporated area within any county in the following calendar
1574 year.
1575 (b) For purposes of determining membership under Subsection (1)(a), the number of
1576 service miles comprising a unit shall be determined jointly by the legislative bodies of the
1577 municipalities or counties comprising the district.
1578 (c) The board of trustees of a public transit district under this Subsection (1) may
1579 include a member that is a commissioner on the Transportation Commission created in Section
1580 72-1-301 and appointed as provided in Subsection (11), who shall serve as a nonvoting, ex
1581 officio member.
1582 (d) Members appointed under this Subsection (1) shall be appointed and added to the
1583 board or omitted from the board at the time scheduled routes are changed, or as municipalities,
1584 counties, or unincorporated areas of counties annex to or withdraw from the district using the
1585 same appointment procedures.
1586 (e) For purposes of appointing members under this Subsection (1), municipalities,
1587 counties, and unincorporated areas of counties in which regularly scheduled passenger routes
1588 proposed to be served by the district in the following calendar year is less than a full unit, as
1589 defined in Subsection (1)(b), may combine with any other similarly situated municipality or
1590 unincorporated area to form a whole unit and may appoint one member for each whole unit
1591 formed.
1592 (2) (a) Subject to Section 17B-2a-807.5 , if more than 200,000 people reside within the
1593 boundaries of a public transit district, the board of trustees shall consist of:
1594 (i) 11 members:
1595 (A) appointed as described under this Subsection (2); or
1596 (B) retained in accordance with Section 17B-2a-807.5 ;
1597 (ii) three members appointed as described in Subsection (4); and
1598 (iii) one voting member appointed as provided in Subsection (11).
1599 (b) Except as provided in Subsections (2)(c) and (d), the board shall apportion voting
1600 members to each county within the district using an average of:
1601 (i) the proportion of population included in the district and residing within each county,
1602 rounded to the nearest 1/11 of the total transit district population; and
1603 (ii) the cumulative proportion of transit sales and use tax collected from areas included
1604 in the district and within each county, rounded to the nearest 1/11 of the total cumulative transit
1605 sales and use tax collected for the transit district.
1606 (c) The board shall join an entire or partial county not apportioned a voting member
1607 under this Subsection (2) with an adjacent county for representation. The combined
1608 apportionment basis included in the district of both counties shall be used for the
1609 apportionment.
1610 (d) (i) If rounding to the nearest 1/11 of the total public transit district apportionment
1611 basis under Subsection (2)(b) results in an apportionment of more than 11 members, the county
1612 or combination of counties with the smallest additional fraction of a whole member proportion
1613 shall have one less member apportioned to it.
1614 (ii) If rounding to the nearest 1/11 of the total public transit district apportionment
1615 basis under Subsection (2)(b) results in an apportionment of less than 11 members, the county
1616 or combination of counties with the largest additional fraction of a whole member proportion
1617 shall have one more member apportioned to it.
1618 (e) If the population in the unincorporated area of a county is at least 140,000, the
1619 county executive, with the advice and consent of the county legislative body, shall appoint one
1620 voting member to represent the population within a county's unincorporated area.
1621 (f) If a municipality's population is at least 160,000, the chief municipal executive,
1622 with the advice and consent of the municipal legislative body, shall appoint one voting member
1623 to represent the population within a municipality.
1624 (g) (i) The number of voting members appointed from a county and municipalities
1625 within a county under Subsections (2)(e) and (f) shall be subtracted from the county's total
1626 voting member apportionment under this Subsection (2).
1627 (ii) Notwithstanding Subsections (2)(l) and (10), no more than one voting member
1628 appointed by an appointing entity may be a locally elected public official.
1629 (h) If the entire county is within the district, the remaining voting members for the
1630 county shall represent the county or combination of counties, if Subsection (2)(c) applies, or
1631 the municipalities within the county.
1632 (i) If the entire county is not within the district, and the county is not joined with
1633 another county under Subsection (2)(c), the remaining voting members for the county shall
1634 represent a municipality or combination of municipalities.
1635 (j) (i) Except as provided under Subsections (2)(e) and (f), voting members
1636 representing counties, combinations of counties if Subsection (2)(c) applies, or municipalities
1637 within the county shall be designated and appointed by a simple majority of the chief
1638 executives of the municipalities within the county or combinations of counties if Subsection
1639 (2)(c) applies.
1640 (ii) The appointments shall be made by joint written agreement of the appointing
1641 municipalities, with the consent and approval of the county legislative body of the county that
1642 has at least 1/11 of the district's apportionment basis.
1643 (k) Voting members representing a municipality or combination of municipalities shall
1644 be designated and appointed by the chief executive officer of the municipality or simple
1645 majority of chief executive officers of municipalities with the consent of the legislative body of
1646 the municipality or municipalities.
1647 (l) The appointment of voting members shall be made without regard to partisan
1648 political affiliation from among citizens in the community.
1649 (m) Each voting member shall be a bona fide resident of the municipality, county, or
1650 unincorporated area or areas which the voting member is to represent for at least six months
1651 before the date of appointment, and [
1652 to serve as a voting member.
1653 (n) (i) All population figures used under this section shall be derived from the most
1654 recent official census or census estimate of the United States Bureau of the Census.
1655 (ii) If population estimates are not available from the United States Bureau of Census,
1656 population figures shall be derived from the estimate from the Utah Population Estimates
1657 Committee.
1658 (iii) All transit sales and use tax totals shall be obtained from the State Tax
1659 Commission.
1660 (o) (i) The board shall be apportioned as provided under this section in conjunction
1661 with the decennial United States Census Bureau report every 10 years.
1662 (ii) Within 120 days following the receipt of the population estimates under this
1663 Subsection (2)(o), the district shall reapportion representation on the board of trustees in
1664 accordance with this section.
1665 (iii) The board shall adopt by resolution a schedule reflecting the current and proposed
1666 apportionment.
1667 (iv) Upon adoption of the resolution, the board shall forward a copy of the resolution to
1668 each of its constituent entities as defined under Section 17B-1-701 .
1669 (v) The appointing entities gaining a new board member shall appoint a new member
1670 within 30 days following receipt of the resolution.
1671 (vi) The appointing entities losing a board member shall inform the board of which
1672 member currently serving on the board will step down:
1673 (A) upon appointment of a new member under Subsection (2)(o)(v); or
1674 (B) in accordance with Section 17B-2a-807.5 .
1675 (3) Upon the completion of an annexation to a public transit district under Chapter 1,
1676 Part 4, Annexation, the annexed area shall have a representative on the board of trustees on the
1677 same basis as if the area had been included in the district as originally organized.
1678 (4) In addition to the voting members appointed in accordance with Subsection (2), the
1679 board shall consist of three voting members appointed as follows:
1680 (a) one member appointed by the speaker of the House of Representatives;
1681 (b) one member appointed by the president of the Senate; and
1682 (c) one member appointed by the governor.
1683 (5) (a) Except as provided in Section 17B-2a-807.5 , the terms of office of the voting
1684 members of the board shall be four years or until a successor is appointed, qualified, seated,
1685 and has taken the oath of office.
1686 (b) (i) A voting member may not be appointed for more than three successive full
1687 terms regardless of the appointing entity that appoints the voting member.
1688 (ii) A person:
1689 (A) may serve no more than 12 years on a public transit district board of trustees
1690 described in Subsection (2)(a) regardless of the appointing entity that appoints the member; and
1691 (B) that has served 12 years on a public transit district board of trustees described in
1692 Subsection (2)(a) is ineligible for reappointment to a public transit board of trustees described
1693 in Subsection (2)(a).
1694 (6) (a) Vacancies for voting members shall be filled by the official appointing the
1695 member creating the vacancy for the unexpired term, unless the official fails to fill the vacancy
1696 within 90 days.
1697 (b) If the appointing official under Subsection (1) does not fill the vacancy within 90
1698 days, the board of trustees of the authority shall fill the vacancy.
1699 (c) If the appointing official under Subsection (2) does not fill the vacancy within 90
1700 days, the governor, with the advice and consent of the Senate, shall fill the vacancy.
1701 (7) (a) Each voting member may cast one vote on all questions, orders, resolutions, and
1702 ordinances coming before the board of trustees.
1703 (b) A majority of all voting members of the board of trustees are a quorum for the
1704 transaction of business.
1705 (c) The affirmative vote of a majority of all voting members present at any meeting at
1706 which a quorum was initially present shall be necessary and, except as otherwise provided, is
1707 sufficient to carry any order, resolution, ordinance, or proposition before the board of trustees.
1708 (8) Each public transit district shall pay to each voting member:
1709 (a) an attendance fee of $50 per board or committee meeting attended, not to exceed
1710 $200 in any calendar month to any voting member; and
1711 (b) reasonable mileage and expenses necessarily incurred to attend board or committee
1712 meetings.
1713 (9) (a) Members of the initial board of trustees shall convene at the time and place
1714 fixed by the chief executive officer of the entity initiating the proceedings.
1715 (b) The board of trustees shall elect from its voting membership a chair, vice chair, and
1716 secretary.
1717 (c) The members elected under Subsection (9)(b) shall serve for a period of two years
1718 or until their successors shall be elected and qualified.
1719 (d) On or after January 1, 2011, a locally elected public official is not eligible to serve
1720 as the chair, vice chair, or secretary of the board of trustees.
1721 (10) Except as otherwise authorized under Subsection (2)(g) and Section
1722 17B-2a-807.5 , at the time of a voting member's appointment or during a voting member's
1723 tenure in office, a voting member may not hold any employment, except as an independent
1724 contractor or locally elected public official, with a county or municipality within the district.
1725 (11) The Transportation Commission created in Section 72-1-301 :
1726 (a) for a public transit district serving a population of 200,000 people or fewer, may
1727 appoint a commissioner of the Transportation Commission to serve on the board of trustees as
1728 a nonvoting, ex officio member; and
1729 (b) for a public transit district serving a population of more than 200,000 people, shall
1730 appoint a commissioner of the Transportation Commission to serve on the board of trustees as
1731 a voting member.
1732 (12) (a) (i) Each member of the board of trustees of a public transit district is subject to
1733 recall at any time by the legislative body of the county or municipality from which the member
1734 is appointed.
1735 (ii) Each recall of a board of trustees member shall be made in the same manner as the
1736 original appointment.
1737 (iii) The legislative body recalling a board of trustees member shall provide written
1738 notice to the member being recalled.
1739 (b) Upon providing written notice to the board of trustees, a member of the board may
1740 resign from the board of trustees.
1741 (c) Except as provided in Section 17B-2a-807.5 , if a board member is recalled or
1742 resigns under this Subsection (12), the vacancy shall be filled as provided in Subsection (6).
1743 Section 46. Section 17B-2a-818.5 is amended to read:
1744 17B-2a-818.5. Contracting powers of public transit districts -- Health insurance
1745 coverage.
1746 (1) For purposes of this section:
1747 (a) "Employee" means an "employee," "worker," or "operative" as defined in Section
1748 34A-2-104 who:
1749 (i) works at least 30 hours per calendar week; and
1750 (ii) meets employer eligibility waiting requirements for health care insurance which
1751 may not exceed the first day of the calendar month following 90 days from the date of hire.
1752 (b) "Health benefit plan" has the same meaning as provided in Section 31A-1-301 .
1753 (c) "Qualified health insurance coverage" means at the time the contract is entered into
1754 or renewed:
1755 (i) a health benefit plan and employer contribution level with a combined actuarial
1756 value at least actuarially equivalent to the combined actuarial value of the benchmark plan
1757 determined by the Children's Health Insurance Program under Subsection 26-40-106 (2)(a), and
1758 a contribution level of 50% of the premium for the employee and the dependents of the
1759 employee who reside or work in the state, in which:
1760 (A) the employer pays at least 50% of the premium for the employee and the
1761 dependents of the employee who reside or work in the state; and
1762 (B) for purposes of calculating actuarial equivalency under this Subsection (1)(c)(i):
1763 (I) rather that the benchmark plan's deductible, and the benchmark plan's out-of-pocket
1764 maximum based on income levels:
1765 (Aa) the deductible is $750 per individual and $2,250 per family; and
1766 (Bb) the out-of-pocket maximum is $3,000 per individual and $9,000 per family;
1767 (II) dental coverage is not required; and
1768 (III) other than Subsection 26-40-106 (2)(a), the provisions of Section 26-40-106 do not
1769 apply; or
1770 (ii) (A) is a federally qualified high deductible health plan that, at a minimum, has a
1771 deductible that is either:
1772 (I) the lowest deductible permitted for a federally qualified high deductible health plan;
1773 or
1774 (II) a deductible that is higher than the lowest deductible permitted for a federally
1775 qualified high deductible health plan, but includes an employer contribution to a health savings
1776 account in a dollar amount at least equal to the dollar amount difference between the lowest
1777 deductible permitted for a federally qualified high deductible plan and the deductible for the
1778 employer offered federally qualified high deductible plan;
1779 (B) an out-of-pocket maximum that does not exceed three times the amount of the
1780 annual deductible; and
1781 (C) under which the employer pays 75% of the premium for the employee and the
1782 dependents of the employee who work or reside in the state.
1783 (d) "Subcontractor" has the same meaning provided for in Section 63A-5-208 .
1784 (2) (a) Except as provided in Subsection (3), this section applies to a design or
1785 construction contract entered into by the public transit district on or after July 1, 2009, and to a
1786 prime contractor or to a subcontractor in accordance with Subsection (2)(b).
1787 (b) (i) A prime contractor is subject to this section if the prime contract is in the
1788 amount of $1,500,000 or greater.
1789 (ii) A subcontractor is subject to this section if a subcontract is in the amount of
1790 $750,000 or greater.
1791 (3) This section does not apply if:
1792 (a) the application of this section jeopardizes the receipt of federal funds;
1793 (b) the contract is a sole source contract; or
1794 (c) the contract is an emergency procurement.
1795 (4) (a) This section does not apply to a change order as defined in Section 63G-6-102 ,
1796 or a modification to a contract, when the contract does not meet the initial threshold required
1797 by Subsection (2).
1798 (b) A person who intentionally uses change orders or contract modifications to
1799 circumvent the requirements of Subsection (2) is guilty of an infraction.
1800 (5) (a) A contractor subject to Subsection (2) shall demonstrate to the public transit
1801 district that the contractor has and will maintain an offer of qualified health insurance coverage
1802 for the contractor's employees and the employee's dependents during the duration of the
1803 contract.
1804 (b) If a subcontractor of the contractor is subject to Subsection (2)(b), the contractor
1805 shall demonstrate to the public transit district that the subcontractor has and will maintain an
1806 offer of qualified health insurance coverage for the subcontractor's employees and the
1807 employee's dependents during the duration of the contract.
1808 (c) (i) (A) A contractor who fails to meet the requirements of Subsection (5)(a) during
1809 the duration of the contract is subject to penalties in accordance with an ordinance adopted by
1810 the public transit district under Subsection (6).
1811 (B) A contractor is not subject to penalties for the failure of a subcontractor to meet the
1812 requirements of Subsection (5)(b).
1813 (ii) (A) A subcontractor who fails to meet the requirements of Subsection (5)(b) during
1814 the duration of the contract is subject to penalties in accordance with an ordinance adopted by
1815 the public transit district under Subsection (6).
1816 (B) A subcontractor is not subject to penalties for the failure of a contractor to meet the
1817 requirements of Subsection (5)(a).
1818 (6) The public transit district shall adopt ordinances:
1819 (a) in coordination with:
1820 (i) the Department of Environmental Quality in accordance with Section 19-1-206 ;
1821 (ii) the Department of Natural Resources in accordance with Section 79-2-404 ;
1822 (iii) the State Building Board in accordance with Section 63A-5-205 ;
1823 (iv) the State Capitol Preservation Board in accordance with Section 63C-9-403 ; and
1824 (v) the Department of Transportation in accordance with Section 72-6-107.5 ; and
1825 (b) which establish:
1826 (i) the requirements and procedures a contractor [
1827 the public transit district compliance with this section which shall include:
1828 (A) that a contractor will not have to demonstrate compliance with Subsection (5)(a) or
1829 (b) more than twice in any 12-month period; and
1830 (B) that the actuarially equivalent determination required in Subsection (1) is met by
1831 the contractor if the contractor provides the department or division with a written statement of
1832 actuarial equivalency from either:
1833 (I) the Utah Insurance Department;
1834 (II) an actuary selected by the contractor or the contractor's insurer; or
1835 (III) an underwriter who is responsible for developing the employer group's premium
1836 rates;
1837 (ii) the penalties that may be imposed if a contractor or subcontractor intentionally
1838 violates the provisions of this section, which may include:
1839 (A) a three-month suspension of the contractor or subcontractor from entering into
1840 future contracts with the public transit district upon the first violation;
1841 (B) a six-month suspension of the contractor or subcontractor from entering into future
1842 contracts with the public transit district upon the second violation;
1843 (C) an action for debarment of the contractor or subcontractor in accordance with
1844 Section 63G-6-804 upon the third or subsequent violation; and
1845 (D) monetary penalties which may not exceed 50% of the amount necessary to
1846 purchase qualified health insurance coverage for employees and dependents of employees of
1847 the contractor or subcontractor who were not offered qualified health insurance coverage
1848 during the duration of the contract; and
1849 (iii) a website on which the district shall post the benchmark for the qualified health
1850 insurance coverage identified in Subsection (1)(c)(i).
1851 (7) (a) (i) In addition to the penalties imposed under Subsection (6)(b)(ii), a contractor
1852 or subcontractor who intentionally violates the provisions of this section shall be liable to the
1853 employee for health care costs that would have been covered by qualified health insurance
1854 coverage.
1855 (ii) An employer has an affirmative defense to a cause of action under Subsection
1856 (7)(a)(i) if:
1857 (A) the employer relied in good faith on a written statement of actuarial equivalency
1858 provided by an:
1859 (I) actuary; or
1860 (II) underwriter who is responsible for developing the employer group's premium rates;
1861 or
1862 (B) a department or division determines that compliance with this section is not
1863 required under the provisions of Subsection (3) or (4).
1864 (b) An employee has a private right of action only against the employee's employer to
1865 enforce the provisions of this Subsection (7).
1866 (8) Any penalties imposed and collected under this section shall be deposited into the
1867 Medicaid Restricted Account created in Section 26-18-402 .
1868 (9) The failure of a contractor or subcontractor to provide qualified health insurance
1869 coverage as required by this section:
1870 (a) may not be the basis for a protest or other action from a prospective bidder, offeror,
1871 or contractor under Section 63G-6-801 or any other provision in Title 63G, Chapter 6, Part 8,
1872 Legal and Contractual Remedies; and
1873 (b) may not be used by the procurement entity or a prospective bidder, offeror, or
1874 contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
1875 or construction.
1876 Section 47. Section 18-1-1 is amended to read:
1877 18-1-1. Liability of owners -- Scienter -- Dogs used in law enforcement.
1878 (1) Every person owning or keeping a dog [
1879 committed by [
1880 therefor to allege or prove that [
1881 that the owner or keeper [
1882
1883 (2) Notwithstanding Subsection (1), neither the state nor any county, city, or town in
1884 the state nor any peace officer employed by any of them shall be liable in damages for injury
1885 committed by a dog [
1886 (a) the dog has been trained to assist in law enforcement[
1887 (b) the injury occurs while the dog is reasonably and carefully being used in the
1888 apprehension, arrest, or location of a suspected offender or in maintaining or controlling the
1889 public order.
1890 Section 48. Section 19-1-206 is amended to read:
1891 19-1-206. Contracting powers of department -- Health insurance coverage.
1892 (1) For purposes of this section:
1893 (a) "Employee" means an "employee," "worker," or "operative" as defined in Section
1894 34A-2-104 who:
1895 (i) works at least 30 hours per calendar week; and
1896 (ii) meets employer eligibility waiting requirements for health care insurance which
1897 may not exceed the first day of the calendar month following 90 days from the date of hire.
1898 (b) "Health benefit plan" has the same meaning as provided in Section 31A-1-301 .
1899 (c) "Qualified health insurance coverage" means at the time the contract is entered into
1900 or renewed:
1901 (i) a health benefit plan and employer contribution level with a combined actuarial
1902 value at least actuarially equivalent to the combined actuarial value of the benchmark plan
1903 determined by the Children's Health Insurance Program under Subsection 26-40-106 (2)(a), and
1904 a contribution level of 50% of the premium for the employee and the dependents of the
1905 employee who reside or work in the state, in which:
1906 (A) the employer pays at least 50% of the premium for the employee and the
1907 dependents of the employee who reside or work in the state; and
1908 (B) for purposes of calculating actuarial equivalency under this Subsection (1)(c)(i):
1909 (I) rather that the benchmark plan's deductible, and the benchmark plan's out-of-pocket
1910 maximum based on income levels:
1911 (Aa) the deductible is $750 per individual and $2,250 per family; and
1912 (Bb) the out-of-pocket maximum is $3,000 per individual and $9,000 per family;
1913 (II) dental coverage is not required; and
1914 (III) other than Subsection 26-40-106 (2)(a), the provisions of Section 26-40-106 do not
1915 apply; or
1916 (ii) (A) is a federally qualified high deductible health plan that, at a minimum, has a
1917 deductible that is either:
1918 (I) the lowest deductible permitted for a federally qualified high deductible health plan;
1919 or
1920 (II) a deductible that is higher than the lowest deductible permitted for a federally
1921 qualified high deductible health plan, but includes an employer contribution to a health savings
1922 account in a dollar amount at least equal to the dollar amount difference between the lowest
1923 deductible permitted for a federally qualified high deductible plan and the deductible for the
1924 employer offered federally qualified high deductible plan;
1925 (B) an out-of-pocket maximum that does not exceed three times the amount of the
1926 annual deductible; and
1927 (C) under which the employer pays 75% of the premium for the employee and the
1928 dependents of the employee who work or reside in the state.
1929 (d) "Subcontractor" has the same meaning provided for in Section 63A-5-208 .
1930 (2) (a) Except as provided in Subsection (3), this section applies to a design or
1931 construction contract entered into by or delegated to the department or a division or board of
1932 the department on or after July 1, 2009, and to a prime contractor or subcontractor in
1933 accordance with Subsection (2)(b).
1934 (b) (i) A prime contractor is subject to this section if the prime contract is in the
1935 amount of $1,500,000 or greater.
1936 (ii) A subcontractor is subject to this section if a subcontract is in the amount of
1937 $750,000 or greater.
1938 (3) This section does not apply to contracts entered into by the department or a division
1939 or board of the department if:
1940 (a) the application of this section jeopardizes the receipt of federal funds;
1941 (b) the contract or agreement is between:
1942 (i) the department or a division or board of the department; and
1943 (ii) (A) another agency of the state;
1944 (B) the federal government;
1945 (C) another state;
1946 (D) an interstate agency;
1947 (E) a political subdivision of this state; or
1948 (F) a political subdivision of another state;
1949 (c) the executive director determines that applying the requirements of this section to a
1950 particular contract interferes with the effective response to an immediate health and safety
1951 threat from the environment; or
1952 (d) the contract is:
1953 (i) a sole source contract; or
1954 (ii) an emergency procurement.
1955 (4) (a) This section does not apply to a change order as defined in Section 63G-6-103 ,
1956 or a modification to a contract, when the contract does not meet the initial threshold required
1957 by Subsection (2).
1958 (b) A person who intentionally uses change orders or contract modifications to
1959 circumvent the requirements of Subsection (2) is guilty of an infraction.
1960 (5) (a) A contractor subject to Subsection (2) shall demonstrate to the executive
1961 director that the contractor has and will maintain an offer of qualified health insurance
1962 coverage for the contractor's employees and the employees' dependents during the duration of
1963 the contract.
1964 (b) If a subcontractor of the contractor is subject to Subsection (2), the contractor shall
1965 demonstrate to the executive director that the subcontractor has and will maintain an offer of
1966 qualified health insurance coverage for the subcontractor's employees and the employees'
1967 dependents during the duration of the contract.
1968 (c) (i) (A) A contractor who fails to comply with Subsection (5)(a) during the duration
1969 of the contract is subject to penalties in accordance with administrative rules adopted by the
1970 department under Subsection (6).
1971 (B) A contractor is not subject to penalties for the failure of a subcontractor to meet the
1972 requirements of Subsection (5)(b).
1973 (ii) (A) A subcontractor who fails to meet the requirements of Subsection (5)(b) during
1974 the duration of the contract is subject to penalties in accordance with administrative rules
1975 adopted by the department under Subsection (6).
1976 (B) A subcontractor is not subject to penalties for the failure of a contractor to meet the
1977 requirements of Subsection (5)(a).
1978 (6) The department shall adopt administrative rules:
1979 (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1980 (b) in coordination with:
1981 (i) a public transit district in accordance with Section 17B-2a-818.5 ;
1982 (ii) the Department of Natural Resources in accordance with Section 79-2-404 ;
1983 (iii) the State Building Board in accordance with Section 63A-5-205 ;
1984 (iv) the State Capitol Preservation Board in accordance with Section 63C-9-403 ;
1985 (v) the Department of Transportation in accordance with Section 72-6-107.5 ; and
1986 (vi) the Legislature's Administrative Rules Review Committee; and
1987 (c) which establish:
1988 (i) the requirements and procedures a contractor [
1989 the public transit district compliance with this section [
1990 (A) that a contractor will not have to demonstrate compliance with Subsection (5)(a) or
1991 (b) more than twice in any 12-month period; and
1992 (B) that the actuarially equivalent determination required in Subsection (1) is met by
1993 the contractor if the contractor provides the department or division with a written statement of
1994 actuarial equivalency from either:
1995 (I) the Utah Insurance Department;
1996 (II) an actuary selected by the contractor or the contractor's insurer; or
1997 (III) an underwriter who is responsible for developing the employer group's premium
1998 rates;
1999 (ii) the penalties that may be imposed if a contractor or subcontractor intentionally
2000 violates the provisions of this section, which may include:
2001 (A) a three-month suspension of the contractor or subcontractor from entering into
2002 future contracts with the state upon the first violation;
2003 (B) a six-month suspension of the contractor or subcontractor from entering into future
2004 contracts with the state upon the second violation;
2005 (C) an action for debarment of the contractor or subcontractor in accordance with
2006 Section 63G-6-804 upon the third or subsequent violation; and
2007 (D) notwithstanding Section 19-1-303 , monetary penalties which may not exceed 50%
2008 of the amount necessary to purchase qualified health insurance coverage for an employee and
2009 the dependents of an employee of the contractor or subcontractor who was not offered qualified
2010 health insurance coverage during the duration of the contract; and
2011 (iii) a website on which the department shall post the benchmark for the qualified
2012 health insurance coverage identified in Subsection (1)(c)(i).
2013 (7) (a) (i) In addition to the penalties imposed under Subsection (6)(c), a contractor or
2014 subcontractor who intentionally violates the provisions of this section shall be liable to the
2015 employee for health care costs that would have been covered by qualified health insurance
2016 coverage.
2017 (ii) An employer has an affirmative defense to a cause of action under Subsection
2018 (7)(a)(i) if:
2019 (A) the employer relied in good faith on a written statement of actuarial equivalency
2020 provided by:
2021 (I) an actuary; or
2022 (II) an underwriter who is responsible for developing the employer group's premium
2023 rates; or
2024 (B) the department determines that compliance with this section is not required under
2025 the provisions of Subsection (3) or (4).
2026 (b) An employee has a private right of action only against the employee's employer to
2027 enforce the provisions of this Subsection (7).
2028 (8) Any penalties imposed and collected under this section shall be deposited into the
2029 Medicaid Restricted Account created in Section 26-18-402 .
2030 (9) The failure of a contractor or subcontractor to provide qualified health insurance
2031 coverage as required by this section:
2032 (a) may not be the basis for a protest or other action from a prospective bidder, offeror,
2033 or contractor under Section 63G-6-801 or any other provision in Title 63G, Chapter 6, Part 8,
2034 Legal and Contractual Remedies; and
2035 (b) may not be used by the procurement entity or a prospective bidder, offeror, or
2036 contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
2037 or construction.
2038 Section 49. Section 19-2-109.1 is amended to read:
2039 19-2-109.1. Operating permit required -- Emissions fee -- Implementation.
2040 (1) As used in this section and Sections 19-2-109.2 and 19-2-109.3 :
2041 (a) "EPA" means the federal Environmental Protection Agency.
2042 (b) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
2043 (c) "Operating permit" means a permit issued by the executive secretary to sources of
2044 air pollution that meet the requirements of Titles IV and V of the 1990 Clean Air Act.
2045 (d) "Program" means the air pollution operating permit program established under this
2046 section to comply with Title V of the 1990 Clean Air Act.
2047 (e) "Regulated pollutant" has the same meaning as defined in Title V of the 1990 Clean
2048 Air Act and implementing federal regulations.
2049 (2) (a) A person may not operate any source of air pollution required to have a permit
2050 under Title V of the 1990 Clean Air Act without having obtained an operating permit from the
2051 executive secretary under procedures the board establishes by rule.
2052 (b) A person is not required to submit an operating permit application until the
2053 governor has submitted an operating permit program to the EPA.
2054 (c) Any operating permit issued under this section may not become effective until the
2055 day after the EPA issues approval of the permit program or November 15, 1995, whichever
2056 occurs first.
2057 (3) (a) Operating permits issued under this section shall be for a period of five years
2058 unless the board makes a written finding, after public comment and hearing, and based on
2059 substantial evidence in the record, that an operating permit term of less than five years is
2060 necessary to protect the public health and the environment of the state.
2061 (b) The executive secretary may issue, modify, or renew an operating permit only after
2062 providing public notice, an opportunity for public comment, and an opportunity for a public
2063 hearing.
2064 (c) The executive secretary shall, in conformity with the 1990 Clean Air Act and
2065 implementing federal regulations, revise the conditions of issued operating permits to
2066 incorporate applicable federal regulations in conformity with Section 502(b)(9) of the 1990
2067 Clean Air Act, if the remaining period of the permit is three or more years.
2068 (d) The executive secretary may terminate, modify, revoke, or reissue an operating
2069 permit for cause.
2070 (4) (a) The board shall establish a proposed annual emissions fee that conforms with
2071 Title V of the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sources
2072 required to obtain a permit. The emissions fee established under this section is in addition to
2073 fees assessed under Section 19-2-108 for issuance of an approval order.
2074 (b) In establishing the fee the board shall comply with the provisions of Section
2075 63J-1-504 that require a public hearing and require the established fee to be submitted to the
2076 Legislature for its approval as part of the department's annual appropriations request.
2077 (c) The fee shall cover all reasonable direct and indirect costs required to develop and
2078 administer the program and the small business assistance program established under Section
2079 19-2-109.2 . The board shall prepare an annual report of the emissions fees collected and the
2080 costs covered by those fees under this Subsection (4).
2081 (d) The fee shall be established uniformly for all sources required to obtain an
2082 operating permit under the program and for all regulated pollutants.
2083 (e) The fee may not be assessed for emissions of any regulated pollutant if the
2084 emissions are already accounted for within the emissions of another regulated pollutant.
2085 (f) An emissions fee may not be assessed for any amount of a regulated pollutant
2086 emitted by any source in excess of 4,000 tons per year of that regulated pollutant.
2087 (5) Emissions fees for the period:
2088 (a) of July 1, 1992, through June 30, 1993, shall be based on the most recent emissions
2089 inventory prepared by the executive secretary; and
2090 (b) on and after July 1, 1993, but [
2091 be based on the most recent emissions inventory, unless a source elects prior to July 1, 1992, to
2092 base the fee on allowable emissions, if applicable for a regulated pollutant.
2093 (6) After an operating permit is issued the emissions fee shall be based on actual
2094 emissions for a regulated pollutant unless a source elects, prior to the issuance or renewal of a
2095 permit, to base the fee during the period of the permit on allowable emissions for that regulated
2096 pollutant.
2097 (7) If the owner or operator of a source subject to this section fails to timely pay an
2098 annual emissions fee, the executive secretary may:
2099 (a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus
2100 interest on the fee computed at 12% annually; or
2101 (b) revoke the operating permit.
2102 (8) The owner or operator of a source subject to this section may contest an emissions
2103 fee assessment or associated penalty in an adjudicative hearing under the Title 63G, Chapter 4,
2104 Administrative Procedures Act, and Section 19-1-301 , as provided in this Subsection (8).
2105 (a) The owner or operator [
2106 to a hearing. Payment of an emissions fee or penalty under protest is not a waiver of the right
2107 to contest the fee or penalty under this section.
2108 (b) A request for a hearing under this Subsection (8) shall be made after payment of the
2109 emissions fee and within six months after the emissions fee was due.
2110 (9) To reinstate an operating permit revoked under Subsection (7) the owner or
2111 operator shall pay all outstanding emissions fees, a penalty of not more than 50% of all
2112 outstanding fees, and interest on the outstanding emissions fees computed at 12% annually.
2113 (10) All emissions fees and penalties collected by the department under this section
2114 shall be deposited in the General Fund as the Air Pollution Operating Permit Program
2115 dedicated credit to be used solely to pay for the reasonable direct and indirect costs incurred by
2116 the department in developing and administering the program and the small business assistance
2117 program under Section 19-2-109.2 .
2118 (11) Failure of the executive secretary to act on any operating permit application or
2119 renewal is a final administrative action only for the purpose of obtaining judicial review by any
2120 of the following persons to require the executive secretary to take action on the permit or its
2121 renewal without additional delay:
2122 (a) the applicant;
2123 (b) any person who participated in the public comment process; or
2124 (c) any other person who could obtain judicial review of that action under applicable
2125 law.
2126 Section 50. Section 19-2-113 is amended to read:
2127 19-2-113. Variances -- Judicial review.
2128 (1) (a) Any person who owns or is in control of any plant, building, structure,
2129 establishment, process, or equipment may apply to the board for a variance from its rules.
2130 (b) The board may grant the requested variance following an announced public
2131 meeting, if it finds, after considering the endangerment to human health and safety and other
2132 relevant factors, that compliance with the rules from which variance is sought would produce
2133 serious hardship without equal or greater benefits to the public.
2134 (2) A variance may not be granted under this section until the board has considered the
2135 relative interests of the applicant, other owners of property likely to be affected by the
2136 discharges, and the general public.
2137 (3) Any variance or renewal of a variance shall be granted within the requirements of
2138 Subsection (1) and for time periods and under conditions consistent with the reasons for it, and
2139 within the following limitations:
2140 (a) if the variance is granted on the grounds that there are no practicable means known
2141 or available for the adequate prevention, abatement, or control of the air pollution involved, it
2142 shall be only until the necessary means for prevention, abatement, or control become known
2143 and available, and subject to the taking of any substitute or alternate measures that the board
2144 may prescribe;
2145 (b) (i) if the variance is granted on the grounds that compliance with the requirements
2146 from which variance is sought will require that measures, because of their extent or cost, must
2147 be spread over a long period of time, the variance shall be granted for a reasonable time that, in
2148 the view of the board, is required for implementation of the necessary measures; and
2149 (ii) a variance granted on this ground shall contain a timetable for the implementation
2150 of remedial measures in an expeditious manner and shall be conditioned on adherence to the
2151 timetable; or
2152 (c) if the variance is granted on the ground that it is necessary to relieve or prevent
2153 hardship of a kind other than that provided for in Subsection (3)(a) or (b), it [
2154 be granted for more than one year.
2155 (4) (a) Any variance granted under this section may be renewed on terms and
2156 conditions and for periods that would be appropriate for initially granting a variance.
2157 (b) If a complaint is made to the board because of the variance, a renewal may not be
2158 granted unless, following an announced public meeting, the board finds that renewal is
2159 justified.
2160 (c) To receive a renewal, an applicant shall submit a request for agency action to the
2161 board requesting a renewal.
2162 (d) Immediately upon receipt of an application for renewal, the board shall give public
2163 notice of the application as required by its rules.
2164 (5) (a) A variance or renewal is not a right of the applicant or holder but may be
2165 granted at the board's discretion.
2166 (b) A person aggrieved by the board's decision may obtain judicial review.
2167 (c) Venue for judicial review of informal adjudicative proceedings is in the district
2168 court in which the air contaminant source is situated.
2169 (6) (a) The board may review any variance during the term for which it was granted.
2170 (b) The review procedure is the same as that for an original application.
2171 (c) The variance may be revoked upon a finding that:
2172 (i) the nature or amount of emission has changed or increased; or
2173 (ii) if facts existing at the date of the review had existed at the time of the original
2174 application, the variance would not have been granted.
2175 (7) Nothing in this section and no variance or renewal granted pursuant to it shall be
2176 construed to prevent or limit the application of the emergency provisions and procedures of
2177 Section 19-2-112 to any person or property.
2178 Section 51. Section 19-2-115 is amended to read:
2179 19-2-115. Violations -- Penalties -- Reimbursement for expenses.
2180 (1) As used in this section, the terms "knowingly," "willfully," and "criminal
2181 negligence" shall mean as defined in Section 76-2-103 .
2182 (2) (a) A person who violates this chapter, or any rule, order, or permit issued or made
2183 under this chapter is subject in a civil proceeding to a penalty not to exceed $10,000 per day for
2184 each violation.
2185 (b) Subsection (2)(a) also applies to rules made under the authority of Section
2186 19-2-104 , for implementation of 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act,
2187 Subchapter II - Asbestos Hazard Emergency Response.
2188 (c) Penalties assessed for violations described in 15 U.S.C.A. 2647, Toxic Substances
2189 Control Act, Subchapter II - Asbestos Hazard Emergency Response, may not exceed the
2190 amounts specified in that section and shall be used in accordance with that section.
2191 (3) A person is guilty of a class A misdemeanor and is subject to imprisonment under
2192 Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person
2193 knowingly violates any of the following under this chapter:
2194 (a) an applicable standard or limitation;
2195 (b) a permit condition; or
2196 (c) a fee or filing requirement.
2197 (4) A person is guilty of a third degree felony and is subject to imprisonment under
2198 Section 76-3-203 and a fine of not more than $25,000 per day of violation who knowingly:
2199 (a) makes any false material statement, representation, or certification, in any notice or
2200 report required by permit; or
2201 (b) renders inaccurate any monitoring device or method required to be maintained by
2202 this chapter or applicable rules made under this chapter.
2203 (5) Any fine or penalty assessed under Subsections (2) or (3) is in lieu of any penalty
2204 under Section 19-2-109.1 .
2205 (6) A person who willfully violates Section 19-2-120 is guilty of a class A
2206 misdemeanor.
2207 (7) A person who knowingly violates any requirement of an applicable implementation
2208 plan adopted by the board, more than 30 days after having been notified in writing by the
2209 executive secretary that the person is violating the requirement, knowingly violates an order
2210 issued under Subsection 19-2-110 (1)(a), or knowingly handles or disposes of asbestos in
2211 violation of a rule made under this chapter is guilty of a third degree felony and subject to
2212 imprisonment under Section 76-3-203 and a fine of not more than $25,000 per day of violation
2213 in the case of the first offense, and not more than $50,000 per day of violation in the case of
2214 subsequent offenses.
2215 (8) (a) As used in this section:
2216 (i) "Hazardous air pollutant" means any hazardous air pollutant listed under 42 U.S.C.
2217 7412 or any extremely hazardous substance listed under 42 U.S.C. 11002(a)(2).
2218 (ii) "Organization" means a legal entity, other than a government, established or
2219 organized for any purpose, and includes a corporation, company, association, firm, partnership,
2220 joint stock company, foundation, institution, trust, society, union, or any other association of
2221 persons.
2222 (iii) "Serious bodily injury" means bodily injury which involves a substantial risk of
2223 death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
2224 protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
2225 (b) (i) A person is guilty of a class A misdemeanor and subject to imprisonment under
2226 Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person with
2227 criminal negligence:
2228 (A) releases into the ambient air any hazardous air pollutant; and
2229 (B) places another person in imminent danger of death or serious bodily injury.
2230 (ii) As used in this Subsection (8)(b), "person" does not include an employee who is
2231 carrying out the employee's normal activities and who is not a part of senior management
2232 personnel or a corporate officer.
2233 (c) A person is guilty of a second degree felony and is subject to imprisonment under
2234 Section 76-3-203 and a fine of not more than $50,000 per day of violation if that person:
2235 (i) knowingly releases into the ambient air any hazardous air pollutant; and
2236 (ii) knows at the time that the person is placing another person in imminent danger of
2237 death or serious bodily injury.
2238 (d) If a person is an organization, it shall, upon conviction of violating Subsection
2239 (8)(c), be subject to a fine of not more than $1,000,000.
2240 (e) (i) A defendant who is an individual is considered to have acted knowingly under
2241 Subsections (8)(c) and (d), if:
2242 (A) the defendant's conduct placed another person in imminent danger of death or
2243 serious bodily injury; and
2244 (B) the defendant was aware of or believed that there was an imminent danger of death
2245 or serious bodily injury to another person.
2246 (ii) Knowledge possessed by a person other than the defendant may not be attributed to
2247 the defendant.
2248 (iii) Circumstantial evidence may be used to prove that the defendant possessed actual
2249 knowledge, including evidence that the defendant took affirmative steps to be shielded from
2250 receiving relevant information.
2251 (f) (i) It is an affirmative defense to prosecution under this Subsection (8) that the
2252 conduct charged was freely consented to by the person endangered and that the danger and
2253 conduct charged were reasonably foreseeable hazards of:
2254 (A) an occupation, a business, a profession; or
2255 (B) medical treatment or medical or scientific experimentation conducted by
2256 professionally approved methods and the other person was aware of the risks involved prior to
2257 giving consent.
2258 (ii) The defendant has the burden of proof to establish any affirmative defense under
2259 this Subsection (8)(f) and [
2260 (9) (a) Except as provided in Subsection (9)(b), and unless prohibited by federal law,
2261 all penalties assessed and collected under the authority of this section shall be deposited in the
2262 General Fund.
2263 (b) The department may reimburse itself and local governments from money collected
2264 from civil penalties for extraordinary expenses incurred in environmental enforcement
2265 activities.
2266 (c) The department shall regulate reimbursements by making rules in accordance with
2267 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
2268 (i) define qualifying environmental enforcement activities; and
2269 (ii) define qualifying extraordinary expenses.
2270 Section 52. Section 19-3-302 is amended to read:
2271 19-3-302. Legislative intent.
2272 (1) (a) The state [
2273 nuclear waste or greater than class C radioactive waste in Utah. The state also recognizes that
2274 high-level nuclear waste or greater than class C radioactive waste may be placed within the
2275 exterior boundaries of the state, pursuant to a license from the federal government, or by the
2276 federal government itself, in violation of this state law.
2277 (b) Due to this possibility, the state also enacts provisions in this part to regulate
2278 transportation, transfer, storage, decay in storage, treatment, and disposal of any high-level
2279 nuclear waste and greater than class C radioactive waste in Utah, thereby asserting and
2280 protecting the state's interests in environmental and economic resources consistent with 42
2281 U.S.C.A. 2011 et seq., Atomic Energy Act and 42 U.S.C.A. 10101 et seq., Nuclear Waste
2282 Policy Act, should the federal government decide to authorize any entity to operate, or operate
2283 itself, in violation of this state law.
2284 (2) Neither the Atomic Energy Act nor the Nuclear Waste Policy Act provides for
2285 siting a large privately owned high-level nuclear waste transfer, storage, decay in storage, or
2286 treatment facility away from the vicinity of the reactors. The Atomic Energy Act and the
2287 Nuclear Waste Policy Act specifically define authorized storage and disposal programs and
2288 activities. The state [
2289 proposed facilities that would be sited in Utah are not contemplated or authorized by federal
2290 law and, in any circumstance, this part is not contrary to or inconsistent with federal law or
2291 congressional intent.
2292 (3) The state [
2293 nuclear safety regulation, and which [
2294 high-level nuclear waste or greater than class C radioactive waste transfer, storage, decay in
2295 storage, treatment, or disposal facility and in transporting these wastes in the state.
2296 (4) An additional primary purpose of this part is to ensure protection of the state from
2297 nonradiological hazards associated with any waste transportation, transfer, storage, decay in
2298 storage, treatment, or disposal.
2299 (5) The state recognizes the sovereign rights of Indian tribes within the state [
2300 However, any proposed transfer, storage, decay in storage, treatment, or disposal facility
2301 located on a reservation which directly affects and impacts state interests by creating
2302 off-reservation effects such as potential or actual degradation of soils and groundwater,
2303 potential or actual contamination of surface water, pollution of the ambient air, emergency
2304 planning costs, impacts on development, agriculture, and ranching, and increased
2305 transportation activity, is subject to state jurisdiction.
2306 (6) There is no tradition of regulation by the Indian tribes in Utah of high-level nuclear
2307 waste or higher than class C radioactive waste. The state does have a long history of regulation
2308 of radioactive sources and natural resources and in the transfer, storage, treatment, and
2309 transportation of materials and wastes throughout the state. The state finds that its interests are
2310 even greater when nonmembers of an Indian tribe propose to locate a facility on tribal trust
2311 lands primarily to avoid state regulation and state authorities under federal law.
2312 (7) (a) This part is not intended to modify existing state requirements for obtaining
2313 environmental approvals, permits, and licenses, including surface and groundwater permits and
2314 air quality permits, when the permits are necessary under state and federal law to construct and
2315 operate a high-level nuclear waste or greater than class C radioactive waste transfer, storage,
2316 decay in storage, treatment, or disposal facility.
2317 (b) Any source of air pollution proposed to be located within the state, including
2318 sources located within the boundaries of an Indian reservation, which will potentially or
2319 actually have a direct and significant impact on ambient air within the state, is required to
2320 obtain an approval order and permit from the state under Section 19-2-108 .
2321 (c) Any facility which will potentially or actually have a significant impact on the
2322 state's surface or groundwater resources is required to obtain a permit under Section 19-5-107
2323 even if located within the boundaries of an Indian reservation.
2324 (8) The state finds that the transportation, transfer, storage, decay in storage, treatment,
2325 and disposal of high-level nuclear waste and greater than class C radioactive waste within the
2326 state is an ultra-hazardous activity which carries with it the risk that any release of waste may
2327 result in enormous economic and human injury.
2328 Section 53. Section 19-3-308 is amended to read:
2329 19-3-308. Application fee and annual fees.
2330 (1) (a) Any application for a waste transfer, storage, decay in storage, treatment, or
2331 disposal facility shall be accompanied by an initial fee of $5,000,000.
2332 (b) The applicant shall subsequently pay an additional fee to cover the costs to the state
2333 associated with review of the application, including costs to the state and the state's contractors
2334 for permitting, technical, administrative, legal, safety, and emergency response reviews,
2335 planning, training, infrastructure, and other impact analyses, studies, and services required to
2336 evaluate a proposed facility.
2337 (2) For the purpose of funding the state oversight and inspection of any waste transfer,
2338 storage, decay in storage, treatment, or disposal facility, and to establish state infrastructure,
2339 including[
2340 Department of Transportation, state Department of Public Safety, and other state agencies'
2341 technical, administrative, legal, infrastructure, maintenance, training, safety, socio-economic,
2342 law enforcement, and emergency resources necessary to respond to these facilities, the owner
2343 or operator shall pay to the state a fee as established by department rule under Section
2344 63J-1-504 , to be assessed:
2345 (a) per ton of storage cask and high-level nuclear waste per year for storage, decay in
2346 storage, treatment, or disposal of high-level nuclear waste;
2347 (b) per ton of transportation cask and high-level nuclear waste for each transfer of
2348 high-level nuclear waste;
2349 (c) per ton of storage cask and greater than class C radioactive waste for the storage,
2350 decay in storage, treatment, or disposal of greater than class C radioactive waste; and
2351 (d) per ton of transportation cask and greater than class C radioactive waste for each
2352 transfer of greater than class C radioactive waste.
2353 (3) Funds collected under Subsection (2) shall be placed in the Nuclear Accident and
2354 Hazard Compensation Account, created in Subsection 19-3-309 (3).
2355 (4) The owner or operator of the facility shall pay the fees imposed under this section
2356 to the department on or before the 15th day of the month following the month in which the fee
2357 accrued.
2358 (5) Annual fees due under this part accrue on July 1 of each year and shall be paid to
2359 the department by July 15 of that year.
2360 Section 54. Section 19-4-112 is amended to read:
2361 19-4-112. Limit on authority of department and board to control irrigation
2362 facilities -- Precautions relating to nonpotable water systems.
2363 (1) Except as provided in this section and in Section 19-5-104 , nothing contained in
2364 this chapter authorizes the department or board to:
2365 (a) exercise administrative control over water used solely for irrigation purposes,
2366 whether conveyed in pipes, ditches, canals, or by other facilities; or
2367 (b) adopt rules relating to the construction, operation, and maintenance of facilities for
2368 conveying irrigation water to the place of use.
2369 (2) Where nonpotable water is conveyed in pipelines under pressure in areas served by
2370 a potable water system, the following precautions shall be observed:
2371 (a) a distinctive coloring or other marking on all exposed portions of the nonpotable
2372 system shall be used;
2373 (b) potable and nonpotable water system service lines and extensions shall be
2374 completely separated and shall be installed in separate trenches;
2375 (c) all hydrants and sprinkling system control valves shall be operated by a removable
2376 key so that it is not possible to turn on the hydrant or valve without a key;
2377 (d) there shall be no cross connection between the potable and nonpotable water
2378 systems;
2379 (e) the nonpotable system [
2380 greenhouses or other buildings for plant and animal production; and
2381 (f) no connection in the nonpotable water system shall be made except by the persons
2382 responsible for its management.
2383 Section 55. Section 19-5-102 is amended to read:
2384 19-5-102. Definitions.
2385 As used in this chapter:
2386 (1) "Board" means the Water Quality Board created in Section 19-1-106 .
2387 (2) "Contaminant" means any physical, chemical, biological, or radiological substance
2388 or matter in water.
2389 (3) "Discharge" means the addition of any pollutant to any waters of the state.
2390 (4) "Discharge permit" means a permit issued to a person who:
2391 (a) discharges or whose activities would probably result in a discharge of pollutants
2392 into the waters of the state; or
2393 (b) generates or manages sewage sludge.
2394 (5) "Disposal system" means a system for disposing of wastes, and includes sewerage
2395 systems and treatment works.
2396 (6) "Effluent limitations" means any restrictions, requirements, or prohibitions,
2397 including schedules of compliance established under this chapter which apply to discharges.
2398 (7) "Executive secretary" means the executive secretary of the board.
2399 (8) "Point source":
2400 (a) means any discernible, confined, and discrete conveyance, including [
2401
2402 stock, concentrated animal feeding operation, or vessel or other floating craft, from which
2403 pollutants are or may be discharged; and
2404 (b) does not include return flows from irrigated agriculture.
2405 (9) "Pollution" means any man-made or man-induced alteration of the chemical,
2406 physical, biological, or radiological integrity of any waters of the state, unless the alteration is
2407 necessary for the public health and safety.
2408 (10) "Publicly owned treatment works" means any facility for the treatment of
2409 pollutants owned by the state, its political subdivisions, or other public entity.
2410 (11) "Schedule of compliance" means a schedule of remedial measures, including an
2411 enforceable sequence of actions or operations leading to compliance with this chapter.
2412 (12) "Sewage sludge" means any solid, semisolid, or liquid residue removed during the
2413 treatment of municipal wastewater or domestic sewage.
2414 (13) "Sewerage system" means pipelines or conduits, pumping stations, and all other
2415 constructions, devices, appurtenances, and facilities used for collecting or conducting wastes to
2416 a point of ultimate disposal.
2417 (14) "Treatment works" means any plant, disposal field, lagoon, dam, pumping station,
2418 incinerator, or other works used for the purpose of treating, stabilizing, or holding wastes.
2419 (15) "Underground injection" means the subsurface emplacement of fluids by well
2420 injection.
2421 (16) "Underground wastewater disposal system" means a system for disposing of
2422 domestic wastewater discharges as defined by the board and the executive director.
2423 (17) "Waste" or "pollutant" means dredged spoil, solid waste, incinerator residue,
2424 sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive
2425 materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial,
2426 municipal, and agricultural waste discharged into water.
2427 (18) "Waters of the state":
2428 (a) means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs,
2429 irrigation systems, drainage systems, and all other bodies or accumulations of water, surface
2430 and underground, natural or artificial, public or private, which are contained within, flow
2431 through, or border upon this state or any portion of the state; and
2432 (b) does not include bodies of water confined to and retained within the limits of
2433 private property, and which do not develop into or constitute a nuisance, a public health hazard,
2434 or a menace to fish or wildlife.
2435 Section 56. Section 19-5-115 is amended to read:
2436 19-5-115. Violations -- Penalties -- Civil actions by board -- Ordinances and rules
2437 of political subdivisions.
2438 (1) The terms "knowingly," "willfully," and "criminal negligence" [
2439 defined in Section 76-2-103 .
2440 (2) Any person who violates this chapter, or any permit, rule, or order adopted under it,
2441 upon a showing that the violation occurred, is subject in a civil proceeding to a civil penalty not
2442 to exceed $10,000 per day of violation.
2443 (3) (a) A person is guilty of a class A misdemeanor and is subject to imprisonment
2444 under Section 76-3-204 and a fine not exceeding $25,000 per day who with criminal
2445 negligence:
2446 (i) discharges pollutants in violation of Subsection 19-5-107 (1) or in violation of any
2447 condition or limitation included in a permit issued under Subsection 19-5-107 (3);
2448 (ii) violates Section 19-5-113 ;
2449 (iii) violates a pretreatment standard or toxic effluent standard for publicly owned
2450 treatment works; or
2451 (iv) manages sewage sludge in violation of this chapter or rules adopted under it.
2452 (b) A person is guilty of a third degree felony and is subject to imprisonment under
2453 Section 76-3-203 and a fine not to exceed $50,000 per day of violation who knowingly:
2454 (i) discharges pollutants in violation of Subsection 19-5-107 (1) or in violation of any
2455 condition or limitation included in a permit issued under Subsection 19-5-107 (3);
2456 (ii) violates Section 19-5-113 ;
2457 (iii) violates a pretreatment standard or toxic effluent standard for publicly owned
2458 treatment works; or
2459 (iv) manages sewage sludge in violation of this chapter or rules adopted under it.
2460 (4) A person is guilty of a third degree felony and subject to imprisonment under
2461 Section 76-3-203 and shall be punished by a fine not exceeding $10,000 per day of violation if
2462 that person knowingly:
2463 (a) makes a false material statement, representation, or certification in any application,
2464 record, report, plan, or other document filed or required to be maintained under this chapter, or
2465 by any permit, rule, or order issued under it; or
2466 (b) falsifies, tampers with, or knowingly renders inaccurate any monitoring device or
2467 method required to be maintained under this chapter.
2468 (5) (a) As used in this section:
2469 (i) "Organization" means a legal entity, other than a government, established or
2470 organized for any purpose, and includes a corporation, company, association, firm, partnership,
2471 joint stock company, foundation, institution, trust, society, union, or any other association of
2472 persons.
2473 (ii) "Serious bodily injury" means bodily injury which involves a substantial risk of
2474 death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
2475 protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
2476 (b) A person is guilty of a second degree felony and, upon conviction, is subject to
2477 imprisonment under Section 76-3-203 and a fine of not more than $250,000 if that person:
2478 (i) knowingly violates this chapter, or any permit, rule, or order adopted under it; and
2479 (ii) knows at that time that he is placing another person in imminent danger of death or
2480 serious bodily injury.
2481 (c) If a person is an organization, it shall, upon conviction of violating Subsection
2482 (5)[
2483 (d) (i) A defendant who is an individual is considered to have acted knowingly if:
2484 (A) the defendant's conduct placed another person in imminent danger of death or
2485 serious bodily injury; and
2486 (B) the defendant was aware of or believed that there was an imminent danger of death
2487 or serious bodily injury to another person.
2488 (ii) Knowledge possessed by a person other than the defendant may not be attributed to
2489 the defendant.
2490 (iii) Circumstantial evidence may be used to prove that the defendant possessed actual
2491 knowledge, including evidence that the defendant took affirmative steps to be shielded from
2492 receiving relevant information.
2493 (e) (i) It is an affirmative defense to prosecution under this Subsection (5) that the
2494 conduct charged was consented to by the person endangered and that the danger and conduct
2495 charged were reasonably foreseeable hazards of:
2496 (A) an occupation, a business, or a profession; or
2497 (B) medical treatment or medical or scientific experimentation conducted by
2498 professionally approved methods and the other person was aware of the risks involved prior to
2499 giving consent.
2500 (ii) The defendant has the burden of proof to establish any affirmative defense under
2501 this Subsection (5)(e) and [
2502 (6) For purposes of Subsections 19-5-115 (3) through (5), a single operational upset
2503 which leads to simultaneous violations of more than one pollutant parameter shall be treated as
2504 a single violation.
2505 (7) (a) The board may begin a civil action for appropriate relief, including a permanent
2506 or temporary injunction, for any violation or threatened violation for which it is authorized to
2507 issue a compliance order under Section 19-5-111 .
2508 (b) Actions shall be brought in the district court where the violation or threatened
2509 violation occurs.
2510 (8) (a) The attorney general is the legal advisor for the board and its executive secretary
2511 and shall defend them in all actions or proceedings brought against them.
2512 (b) The county attorney or district attorney as appropriate under Sections 17-18-1 ,
2513 17-18-1.5 , and 17-18-1.7 in the county in which a cause of action arises, shall bring any action,
2514 civil or criminal, requested by the board, to abate a condition that exists in violation of, or to
2515 prosecute for the violation of, or to enforce, the laws or the standards, orders, and rules of the
2516 board or the executive secretary issued under this chapter.
2517 (c) The board may itself initiate any action under this section and be represented by the
2518 attorney general.
2519 (9) If any person fails to comply with a cease and desist order that is not subject to a
2520 stay pending administrative or judicial review, the board may, through its executive secretary,
2521 initiate an action for and be entitled to injunctive relief to prevent any further or continued
2522 violation of the order.
2523 (10) Any political subdivision of the state may enact and enforce ordinances or rules
2524 for the implementation of this chapter that are not inconsistent with this chapter.
2525 (11) (a) Except as provided in Subsection (11)(b), all penalties assessed and collected
2526 under the authority of this section shall be deposited in the General Fund.
2527 (b) The department may reimburse itself and local governments from money collected
2528 from civil penalties for extraordinary expenses incurred in environmental enforcement
2529 activities.
2530 (c) The department shall regulate reimbursements by making rules that:
2531 (i) define qualifying environmental enforcement activities; and
2532 (ii) define qualifying extraordinary expenses.
2533 Section 57. Section 19-5-116 is amended to read:
2534 19-5-116. Limitation on effluent limitation standards for BOD, SS, Coliforms,
2535 and pH for domestic or municipal sewage.
2536 Unless required to meet instream water quality standards or federal requirements
2537 established under the federal Water Pollution Control Act, the board [
2538 establish, under Section 19-5-104 , effluent limitation standards for Biochemical Oxygen
2539 Demand (BOD), Total Suspended Solids (SS), Coliforms, and pH for domestic or municipal
2540 sewage which are more stringent than the following:
2541 (1) Biochemical Oxygen Demand (BOD): The arithmetic mean of BOD values
2542 determined on effluent samples collected during any 30-day period [
2543 25 mg/l, nor shall the arithmetic mean exceed 35 mg/l during any seven-day period.
2544 (2) Total Suspended Solids (SS): The arithmetic mean of SS values determined on
2545 effluent samples collected during any 30-day period [
2546 shall the arithmetic mean exceed 35 mg/l during any seven-day period.
2547 (3) Coliform: The geometric mean of total coliforms and fecal coliform bacteria in
2548 effluent samples collected during any 30-day period [
2549 ml for total coliforms or 200/100 ml for fecal coliforms. The geometric mean during any
2550 seven-day period [
2551 fecal coliforms.
2552 (4) pH: The pH level shall be maintained at a level not less than 6.5 or greater than 9.0.
2553 Section 58. Section 19-5-121 is amended to read:
2554 19-5-121. Underground wastewater disposal systems -- Certification required to
2555 design, inspect, maintain, or conduct percolation or soil tests -- Exemptions -- Rules --
2556 Fees.
2557 (1) As used in this section, "maintain" does not include the pumping of an underground
2558 wastewater disposal system.
2559 (2) (a) Except as provided in Subsections (2)(b) and (2)(c), beginning January 1, 2002,
2560 a person may not design, inspect, maintain, or conduct percolation or soil tests for an
2561 underground wastewater disposal system, without first obtaining certification from the board.
2562 (b) An individual is not required to obtain certification from the board to maintain an
2563 underground wastewater disposal system that serves a noncommercial, private residence owned
2564 by the individual or a member of the individual's family and in which the individual or a
2565 member of the individual's family resides or an employee of the individual resides without
2566 payment of rent.
2567 (c) The board shall make rules allowing an uncertified individual to conduct
2568 percolation or soil tests for an underground wastewater disposal system that serves a
2569 noncommercial, private residence owned by the individual and in which the individual resides
2570 or intends to reside, or which is intended for use by an employee of the individual without
2571 payment of rent, if the individual:
2572 (i) has the capability of properly conducting the tests; and
2573 (ii) is supervised by a certified individual when conducting the tests.
2574 (3) (a) The board shall adopt and enforce rules for the certification and recertification
2575 of individuals who design, inspect, maintain, or conduct percolation or soil tests for
2576 underground wastewater disposal systems.
2577 (b) (i) The rules shall specify requirements for education and training and the type and
2578 duration of experience necessary to obtain certification.
2579 (ii) The rules shall recognize the following in meeting the requirements for
2580 certification:
2581 (A) the experience of a contractor licensed under Title 58, Chapter 55, Utah
2582 Construction Trades Licensing Act, who has five or more years of experience installing
2583 underground wastewater disposal systems;
2584 (B) the experience of an environmental health scientist licensed under Title 58, Chapter
2585 20a, Environmental Health Scientist Act; or
2586 (C) the educational background of a professional engineer licensed under Title 58,
2587 Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act.
2588 (iii) If eligibility for certification is based on experience, the applicant for certification
2589 [
2590 (4) The department may establish fees in accordance with Section 63J-1-504 for the
2591 testing and certification of individuals who design, inspect, maintain, or conduct percolation or
2592 soil tests for underground wastewater disposal systems.
2593 Section 59. Section 19-6-108 is amended to read:
2594 19-6-108. New nonhazardous solid or hazardous waste operation plans for
2595 facility or site -- Administrative and legislative approval required -- Exemptions from
2596 legislative and gubernatorial approval -- Time periods for review -- Information required
2597 -- Other conditions -- Revocation of approval -- Periodic review.
2598 (1) For purposes of this section, the following items shall be treated as submission of a
2599 new operation plan:
2600 (a) the submission of a revised operation plan specifying a different geographic site
2601 than a previously submitted plan;
2602 (b) an application for modification of a commercial hazardous waste incinerator if the
2603 construction or the modification would increase the hazardous waste incinerator capacity above
2604 the capacity specified in the operation plan as of January 1, 1990, or the capacity specified in
2605 the operation plan application as of January 1, 1990, if no operation plan approval has been
2606 issued as of January 1, 1990;
2607 (c) an application for modification of a commercial nonhazardous solid waste
2608 incinerator if the construction of the modification would cost 50% or more of the cost of
2609 construction of the original incinerator or the modification would result in an increase in the
2610 capacity or throughput of the incinerator of a cumulative total of 50% above the total capacity
2611 or throughput that was approved in the operation plan as of January 1, 1990, or the initial
2612 approved operation plan if the initial approval is subsequent to January 1, 1990; or
2613 (d) an application for modification of a commercial nonhazardous solid or hazardous
2614 waste treatment, storage, or disposal facility, other than an incinerator, if the modification
2615 would be outside the boundaries of the property owned or controlled by the applicant, as shown
2616 in the application or approved operation plan as of January 1, 1990, or the initial approved
2617 operation plan if the initial approval is subsequent to January 1, 1990.
2618 (2) Capacity under Subsection (1)(b) shall be calculated based on the throughput
2619 tonnage specified for the trial burn in the operation plan or the operation plan application if no
2620 operation plan approval has been issued as of January 1, 1990, and on annual operations of
2621 7,000 hours.
2622 (3) (a) (i) No person may own, construct, modify, or operate any facility or site for the
2623 purpose of disposing of nonhazardous solid waste or treating, storing, or disposing of
2624 hazardous waste without first submitting and receiving the approval of the executive secretary
2625 for an operation plan for that facility or site.
2626 (ii) (A) A permittee who is the current owner of a facility or site that is subject to an
2627 operation plan may submit to the executive secretary information, a report, a plan, or other
2628 request for approval for a proposed activity under an operation plan:
2629 (I) after obtaining the consent of any other permittee who is a current owner of the
2630 facility or site; and
2631 (II) without obtaining the consent of any other permittee who is not a current owner of
2632 the facility or site.
2633 (B) The executive secretary may not:
2634 (I) withhold an approval of an operation plan requested by a permittee who is a current
2635 owner of the facility or site on the grounds that another permittee who is not a current owner of
2636 the facility or site has not consented to the request; or
2637 (II) give an approval of an operation plan requested by a permittee who is not a current
2638 owner before receiving consent of the current owner of the facility or site.
2639 (b) (i) Except for facilities that receive the following wastes solely for the purpose of
2640 recycling, reuse, or reprocessing, no person may own, construct, modify, or operate any
2641 commercial facility that accepts for treatment or disposal, with the intent to make a profit, any
2642 of the wastes listed in Subsection (3)(b)(ii) without first submitting a request to and receiving
2643 the approval of the executive secretary for an operation plan for that facility site.
2644 (ii) Wastes referred to in Subsection (3)(b)(i) are:
2645 (A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
2646 generated primarily from the combustion of coal or other fossil fuels;
2647 (B) wastes from the extraction, beneficiation, and processing of ores and minerals; or
2648 (C) cement kiln dust wastes.
2649 (c) (i) No person may construct any facility listed under Subsection (3)(c)(ii) until [
2650 the person receives, in addition to and subsequent to local government approval and subsequent
2651 to the approval required in Subsection (3)(a), approval by the governor and the Legislature.
2652 (ii) Facilities referred to in Subsection (3)(c)(i) are:
2653 (A) commercial nonhazardous solid or hazardous waste treatment or disposal facilities;
2654 and
2655 (B) except for facilities that receive the following wastes solely for the purpose of
2656 recycling, reuse, or reprocessing, any commercial facility that accepts for treatment or disposal,
2657 with the intent to make a profit: fly ash waste, bottom ash waste, slag waste, or flue gas
2658 emission control waste generated primarily from the combustion of coal or other fossil fuels;
2659 wastes from the extraction, beneficiation, and processing of ores and minerals; or cement kiln
2660 dust wastes.
2661 (d) No person need obtain gubernatorial or legislative approval for the construction of
2662 a hazardous waste facility for which an operating plan has been approved by or submitted for
2663 approval to the executive secretary under this section before April 24, 1989, and which has
2664 been determined, on or before December 31, 1990, by the executive secretary to be complete,
2665 in accordance with state and federal requirements for operating plans for hazardous waste
2666 facilities even if a different geographic site is subsequently submitted.
2667 (e) No person need obtain gubernatorial and legislative approval for the construction of
2668 a commercial nonhazardous solid waste disposal facility for which an operation plan has been
2669 approved by or submitted for approval to the executive secretary under this section on or before
2670 January 1, 1990, and which, on or before December 31, 1990, the executive secretary
2671 determines to be complete, in accordance with state and federal requirements applicable to
2672 operation plans for nonhazardous solid waste facilities.
2673 (f) Any person owning or operating a facility or site on or before November 19, 1980,
2674 who has given timely notification as required by Section 3010 of the Resource Conservation
2675 and Recovery Act of 1976, 42 U.S.C. Section 6921, et seq., and who has submitted a proposed
2676 hazardous waste plan under this section for that facility or site, may continue to operate that
2677 facility or site without violating this section until the plan is approved or disapproved under
2678 this section.
2679 (g) (i) The executive secretary shall suspend acceptance of further applications for a
2680 commercial nonhazardous solid or hazardous waste facility upon a finding that [
2681 executive secretary cannot adequately oversee existing and additional facilities for permit
2682 compliance, monitoring, and enforcement.
2683 (ii) The executive secretary shall report any suspension to the Natural Resources,
2684 Agriculture, and Environment Interim Committee.
2685 (4) The executive secretary shall review each proposed nonhazardous solid or
2686 hazardous waste operation plan to determine whether that plan complies with the provisions of
2687 this part and the applicable rules of the board.
2688 (5) (a) If the facility is a class I or class II facility, the executive secretary shall approve
2689 or disapprove that plan within 270 days from the date it is submitted.
2690 (b) Within 60 days after receipt of the plans, specifications, or other information
2691 required by this section for a class I or II facility, the executive secretary shall determine
2692 whether the plan is complete and contains all information necessary to process the plan for
2693 approval.
2694 (c) (i) If the plan for a class I or II facility is determined to be complete, the executive
2695 secretary shall issue a notice of completeness.
2696 (ii) If the plan is determined by the executive secretary to be incomplete, [
2697 executive secretary shall issue a notice of deficiency, listing the additional information to be
2698 provided by the owner or operator to complete the plan.
2699 (d) The executive secretary shall review information submitted in response to a notice
2700 of deficiency within 30 days after receipt.
2701 (e) The following time periods may not be included in the 270 day plan review period
2702 for a class I or II facility:
2703 (i) time awaiting response from the owner or operator to requests for information
2704 issued by the executive secretary;
2705 (ii) time required for public participation and hearings for issuance of plan approvals;
2706 and
2707 (iii) time for review of the permit by other federal or state government agencies.
2708 (6) (a) If the facility is a class III or class IV facility, the executive secretary shall
2709 approve or disapprove that plan within 365 days from the date it is submitted.
2710 (b) The following time periods may not be included in the 365 day review period:
2711 (i) time awaiting response from the owner or operator to requests for information
2712 issued by the executive secretary;
2713 (ii) time required for public participation and hearings for issuance of plan approvals;
2714 and
2715 (iii) time for review of the permit by other federal or state government agencies.
2716 (7) If, within 365 days after receipt of a modification plan or closure plan for any
2717 facility, the executive secretary determines that the proposed plan, or any part of it, will not
2718 comply with applicable rules, the executive secretary shall issue an order prohibiting any action
2719 under the proposed plan for modification or closure in whole or in part.
2720 (8) Any person who owns or operates a facility or site required to have an approved
2721 hazardous waste operation plan under this section and who has pending a permit application
2722 before the United States Environmental Protection Agency shall be treated as having an
2723 approved plan until final administrative disposition of the permit application is made under this
2724 section, unless the board determines that final administrative disposition of the application has
2725 not been made because of the failure of the owner or operator to furnish any information
2726 requested, or the facility's interim status has terminated under Section 3005 (e) of the Resource
2727 Conservation and Recovery Act, 42 U.S.C. Section 6925 (e).
2728 (9) No proposed nonhazardous solid or hazardous waste operation plan may be
2729 approved unless it contains the information that the board requires, including:
2730 (a) estimates of the composition, quantities, and concentrations of any hazardous waste
2731 identified under this part and the proposed treatment, storage, or disposal of it;
2732 (b) evidence that the disposal of nonhazardous solid waste or treatment, storage, or
2733 disposal of hazardous waste will not be done in a manner that may cause or significantly
2734 contribute to an increase in mortality, an increase in serious irreversible or incapacitating
2735 reversible illness, or pose a substantial present or potential hazard to human health or the
2736 environment;
2737 (c) consistent with the degree and duration of risks associated with the disposal of
2738 nonhazardous solid waste or treatment, storage, or disposal of specified hazardous waste,
2739 evidence of financial responsibility in whatever form and amount that the executive secretary
2740 determines is necessary to insure continuity of operation and that upon abandonment, cessation,
2741 or interruption of the operation of the facility or site, all reasonable measures consistent with
2742 the available knowledge will be taken to insure that the waste subsequent to being treated,
2743 stored, or disposed of at the site or facility will not present a hazard to the public or the
2744 environment;
2745 (d) evidence that the personnel employed at the facility or site have education and
2746 training for the safe and adequate handling of nonhazardous solid or hazardous waste;
2747 (e) plans, specifications, and other information that the executive secretary considers
2748 relevant to determine whether the proposed nonhazardous solid or hazardous waste operation
2749 plan will comply with this part and the rules of the board; and
2750 (f) compliance schedules, where applicable, including schedules for corrective action
2751 or other response measures for releases from any solid waste management unit at the facility,
2752 regardless of the time the waste was placed in the unit.
2753 (10) The executive secretary may not approve a commercial nonhazardous solid or
2754 hazardous waste operation plan that meets the requirements of Subsection (9) unless it contains
2755 the information required by the board, including:
2756 (a) evidence that the proposed commercial facility has a proven market of
2757 nonhazardous solid or hazardous waste, including:
2758 (i) information on the source, quantity, and price charged for treating, storing, and
2759 disposing of potential nonhazardous solid or hazardous waste in the state and regionally;
2760 (ii) a market analysis of the need for a commercial facility given existing and potential
2761 generation of nonhazardous solid or hazardous waste in the state and regionally; and
2762 (iii) a review of other existing and proposed commercial nonhazardous solid or
2763 hazardous waste facilities regionally and nationally that would compete for the treatment,
2764 storage, or disposal of the nonhazardous solid or hazardous waste;
2765 (b) a description of the public benefits of the proposed facility, including:
2766 (i) the need in the state for the additional capacity for the management of nonhazardous
2767 solid or hazardous waste;
2768 (ii) the energy and resources recoverable by the proposed facility;
2769 (iii) the reduction of nonhazardous solid or hazardous waste management methods,
2770 which are less suitable for the environment, that would be made possible by the proposed
2771 facility; and
2772 (iv) whether any other available site or method for the management of hazardous waste
2773 would be less detrimental to the public health or safety or to the quality of the environment;
2774 and
2775 (c) compliance history of an owner or operator of a proposed commercial
2776 nonhazardous solid or hazardous waste treatment, storage, or disposal facility, which may be
2777 applied by the executive secretary in a nonhazardous solid or hazardous waste operation plan
2778 decision, including any plan conditions.
2779 (11) The executive secretary may not approve a commercial nonhazardous solid or
2780 hazardous waste facility operation plan unless based on the application, and in addition to the
2781 determination required in Subsections (9) and (10), the executive secretary determines that:
2782 (a) the probable beneficial environmental effect of the facility to the state outweighs
2783 the probable adverse environmental effect; and
2784 (b) there is a need for the facility to serve industry within the state.
2785 (12) Approval of a nonhazardous solid or hazardous waste operation plan may be
2786 revoked, in whole or in part, if the person to whom approval of the plan has been given fails to
2787 comply with that plan.
2788 (13) The executive secretary shall review all approved nonhazardous solid and
2789 hazardous waste operation plans at least once every five years.
2790 (14) The provisions of Subsections (10) and (11) do not apply to hazardous waste
2791 facilities in existence or to applications filed or pending in the department prior to April 24,
2792 1989, that are determined by the executive secretary on or before December 31, 1990, to be
2793 complete, in accordance with state and federal requirements applicable to operation plans for
2794 hazardous waste facilities.
2795 (15) The provisions of Subsections (9), (10), and (11) do not apply to a nonhazardous
2796 solid waste facility in existence or to an application filed or pending in the department prior to
2797 January 1, 1990, that is determined by the executive secretary, on or before December 31,
2798 1990, to be complete in accordance with state and federal requirements applicable to operation
2799 plans for nonhazardous solid waste facilities.
2800 (16) Nonhazardous solid waste generated outside of this state that is defined as
2801 hazardous waste in the state where it is generated and which is received for disposal in this
2802 state [
2803 operated by local government or a facility under contract with a local government solely for
2804 disposal of nonhazardous solid waste generated within the boundaries of the local government,
2805 unless disposal is approved by the executive secretary.
2806 (17) This section may not be construed to exempt any facility from applicable
2807 regulation under the federal Atomic Energy Act, 42 U.S.C. Sections 2014 and 2021 through
2808 2114.
2809 Section 60. Section 19-6-116 is amended to read:
2810 19-6-116. Application of part subject to state assumption of primary
2811 responsibility from federal government -- Authority of political subdivisions.
2812 (1) The requirements of this part applicable to the generation, treatment, storage, or
2813 disposal of hazardous waste, and the rules adopted under this part, [
2814 until this state is qualified to assume, and does assume, primacy from the federal government
2815 for the control of hazardous wastes.
2816 (2) This part does not alter the authority of political subdivisions of the state to control
2817 solid and hazardous wastes within their local jurisdictions so long as any local laws,
2818 ordinances, or rules are not inconsistent with this part or the rules of the board.
2819 Section 61. Section 19-6-202 is amended to read:
2820 19-6-202. Definitions.
2821 As used in this part:
2822 (1) "Board" means the Solid and Hazardous Waste Control Board created in Section
2823 19-1-106 .
2824 (2) "Disposal" means the final disposition of hazardous wastes into or onto the lands,
2825 waters, and air of this state.
2826 (3) "Hazardous wastes" means wastes as defined in Section 19-6-102 .
2827 (4) "Hazardous waste treatment, disposal, and storage facility" means a facility or site
2828 used or intended to be used for the treatment, storage, or disposal of hazardous waste materials,
2829 including [
2830 and secure landfills.
2831 (5) "Site" means land used for the treatment, disposal, or storage of hazardous wastes.
2832 (6) "Siting plan" means the state hazardous waste facilities siting plan adopted by the
2833 board pursuant to Sections 19-6-204 and 19-6-205 .
2834 (7) "Storage" means the containment of hazardous wastes for a period of more than 90
2835 days.
2836 (8) "Treatment" means any method, technique, or process designed to change the
2837 physical, chemical, or biological character or composition of any hazardous waste to neutralize
2838 or render it nonhazardous, safer for transport, amenable to recovery or storage, convertible to
2839 another usable material, or reduced in volume and suitable for ultimate disposal.
2840 Section 62. Section 19-6-203 is amended to read:
2841 19-6-203. Other provisions relating to hazardous waste.
2842 This part [
2843 relating to hazardous waste, except as otherwise provided in Section 19-6-207 .
2844 Section 63. Section 19-6-205 is amended to read:
2845 19-6-205. Siting plan -- Procedure for adoption -- Review -- Effect.
2846 (1) After completion of the guidelines, the board shall prepare and publish a
2847 preliminary siting plan for the state. The preliminary siting plan is not final until adopted by the
2848 board in accordance with Subsection (2) and shall be based upon the guidelines adopted under
2849 Section 19-6-204 and be published within one year after adoption of the guidelines.
2850 (2) (a) After completion of its guidelines, the board shall publish notice of intent to
2851 prepare a siting plan. The notice shall invite all interested persons to nominate sites for
2852 inclusion in the siting plan. It shall be published at least twice in not less than two newspapers
2853 with statewide circulation and shall also be sent to any person, business, or other organization
2854 that has notified the board of an interest or involvement in hazardous waste management
2855 activities.
2856 (b) Nominations for the location of hazardous waste sites shall be accepted by the
2857 board for a period of 120 days after the date of first publication of notice. Nominations may
2858 include a description of the site or sites suggested or may simply suggest a general area. In
2859 addition, any nomination may provide data and reasons in support of inclusion of the site
2860 nominated.
2861 (c) The board, in cooperation with other state agencies and private sources, shall then
2862 prepare an inventory of:
2863 (i) the hazardous wastes generated in the state;
2864 (ii) those likely to be generated in the future;
2865 (iii) those being generated in other states that are likely to be treated, disposed of, or
2866 stored in the state;
2867 (iv) the sites within the state currently being used for hazardous waste and those
2868 suggested through the nomination process;
2869 (v) the treatment, storage, and disposal processes and management practices that are
2870 required to comply with Section 19-6-108 ; and
2871 (vi) an estimate of the public and private costs for meeting the long-term demand for
2872 hazardous waste treatment, disposal, and storage facilities.
2873 (d) (i) After the hazardous waste inventory and cost estimate are complete, the board,
2874 with the use of the guidelines developed in Section 19-6-204 , shall provide for the geographical
2875 distribution of enough sites to fulfill the state's needs for hazardous waste disposal, treatment,
2876 and storage for the next 25 years.
2877 (ii) The board [
2878 the selection of potential sites but, to the maximum extent possible, shall give preference to
2879 sites located in areas already dedicated through zoning or other land use regulations to
2880 industrial use or to areas located near industrial uses. However, the board shall give
2881 consideration to excluding an area designated for disposal of uranium mill tailings or for
2882 disposal of nuclear wastes unless the proposed disposal site is approved by the affected county
2883 through its county executive and county legislative body.
2884 (e) The board shall also analyze and identify areas of the state where, due to the
2885 concentration of industrial waste generation processes or to favorable geology or hydrology, the
2886 construction and operation of hazardous waste treatment, disposal, and storage facilities
2887 appears to be technically, environmentally, and economically feasible.
2888 (3) (a) The preliminary siting plan prepared pursuant to Subsection (2) shall, before
2889 adoption, be distributed to all units of local government located near existing or proposed sites.
2890 (b) Notice of the availability of the preliminary siting plan for examination shall be
2891 published at least twice in two newspapers, if available, with general circulation in the areas of
2892 the state that potentially will be affected by the plan.
2893 (c) The board shall also issue a statewide news release that informs persons where
2894 copies of the preliminary siting plan may be inspected or purchased at cost.
2895 (d) After release of the preliminary siting plan, the board shall hold not less than two
2896 public hearings in different areas of the state affected by the proposed siting plan to allow local
2897 officials and other interested persons to express their views and submit information relevant to
2898 the plan. The hearings shall be conducted not less than 60 nor more than 90 days after release
2899 of the plan. Within 30 days after completion of the hearings, the board shall prepare and make
2900 available for public inspection a summary of public comments.
2901 (4) (a) The board, between 30 and 60 days after publication of the public comments,
2902 shall prepare a final siting plan.
2903 (b) The final siting plan shall be widely distributed to members of the public.
2904 (c) The board, at any time between 30 and 60 days after release of the final plan, on its
2905 own initiative or that of interested parties, shall hold not less than two public hearings in each
2906 area of the state affected by the final plan to allow local officials and other interested persons to
2907 express their views.
2908 (d) The board, within 30 days after the last hearing, shall vote to adopt, adopt with
2909 modification, or reject the final siting plan.
2910 (5) (a) Any person adversely affected by the board's decision may seek judicial review
2911 of the decision by filing a petition for review with the district court for Salt Lake County within
2912 90 days after the board's decision.
2913 (b) Judicial review may be had, however, only on the grounds that the board violated
2914 the procedures set forth in this section, that it acted without or in excess of its powers, or that
2915 its actions were arbitrary or capricious and not based on substantial evidence.
2916 (6) If the final siting plan is adopted, the board shall cause it to be published.
2917 (7) After publication of the final siting plan, the board shall engage in a continuous
2918 monitoring and review process to ensure that the long-range needs of hazardous waste
2919 producers likely to dispose of hazardous wastes in this state are met at a reasonable cost. An
2920 annual review of the adequacy of the plan shall be conducted and published by the board.
2921 (8) (a) If necessary, the board may amend the siting plan to provide additional sites or
2922 delete sites which are no longer suitable.
2923 (b) Before any plan amendment adding or deleting a site is adopted, the board, upon
2924 not less than 20 days' public notice, shall hold at least one public hearing in the area where the
2925 affected site is located.
2926 (9) After adoption of the final plan, an applicant for approval of a plan to construct and
2927 operate a hazardous waste treatment, storage, and disposal facility who seeks protection under
2928 this part shall select a site contained on the final site plan.
2929 (10) Nothing in this part, however, shall be construed to prohibit the construction and
2930 operation of an approved hazardous waste treatment, storage, and disposal facility at a site
2931 which is not included within the final site plan, but such a facility is not entitled to the
2932 protections afforded under this part.
2933 Section 64. Section 19-6-413 is amended to read:
2934 19-6-413. Tank tightness test -- Actions required after testing.
2935 (1) The owner or operator of any petroleum storage tank registered [
2936 July 1, 1991, [
2937 conducted:
2938 (a) on or after September 1, 1989, and [
2939 meets requirements set by rule regarding tank tightness tests that were applicable during that
2940 period; or
2941 (b) on or after January 1, 1990, and [
2942 (2) The owner or operator of any petroleum storage tank registered on or after July 1,
2943 1991, [
2944 conducted within the six months before the tank was registered or within 60 days after the date
2945 the tank was registered.
2946 (3) If the tank test performed under Subsection (1) or (2) shows no release of
2947 petroleum, the owner or operator of the petroleum storage tank shall submit a letter to the
2948 executive secretary at the same time the owner or operator submits the test results, stating that
2949 under customary business inventory practices standards, the owner or operator is not aware of
2950 any release of petroleum from the tank.
2951 (4) (a) If the tank test shows a release of petroleum from the petroleum storage tank,
2952 the owner or operator of the tank shall:
2953 (i) correct the problem; and
2954 (ii) submit evidence of the correction to the executive secretary.
2955 (b) When the executive secretary receives evidence from an owner or operator of a
2956 petroleum storage tank that the problem with the tank has been corrected, the executive
2957 secretary shall:
2958 (i) approve or disapprove the correction; and
2959 (ii) notify the owner or operator that the correction has been approved or disapproved.
2960 (5) The executive secretary shall review the results of the tank tightness test to
2961 determine compliance with this part and any rules adopted under the authority of Section
2962 19-6-403 .
2963 (6) If the owner or operator of the tank is required by 40 C.F.R., Part 280, Subpart D,
2964 to perform release detection on the tank, the owner or operator shall submit the results of the
2965 tank tests in compliance with 40 C.F.R., Part 280, Subpart D.
2966 Section 65. Section 19-6-714 is amended to read:
2967 19-6-714. Recycling fee on sale of oil.
2968 (1) On and after October 1, 1993, a recycling fee of $.04 per quart or $.16 per gallon is
2969 imposed upon the first sale in Utah by a lubricating oil vendor of lubricating oil. The
2970 lubricating oil vendor shall collect the fee at the time the lubricating oil is sold.
2971 (2) A fee under this section [
2972 (a) shipped outside the state;
2973 (b) purchased in five-gallon or smaller containers and used solely in underground
2974 mining operations; or
2975 (c) in bulk containers of 55 gallons or more.
2976 (3) This fee is in addition to all other state, county, or municipal fees and taxes
2977 imposed on the sale of lubricating oil.
2978 (4) The exemptions from sales and use tax provided in Section 59-12-104 do not apply
2979 to this part.
2980 (5) The commission may make rules to implement and enforce the provisions of this
2981 section.
2982 Section 66. Section 19-6-814 is amended to read:
2983 19-6-814. Local health department responsibility.
2984 (1) A local health department that has received an application for partial
2985 reimbursement from a recycler shall within 15 calendar days after receiving the application:
2986 (a) review the application for completeness;
2987 (b) conduct an on-site investigation of the recycler's waste tire use if the application is
2988 the initial application of the recycler; and
2989 (c) submit the recycler's application for partial reimbursement together with a brief
2990 written report of the results of the investigation and the dollar amount approved for payment to
2991 the Division of Finance.
2992 (2) If the local health department approves a dollar amount for partial reimbursement
2993 which is less than the amount requested by the recycler, the local health department [
2994 shall submit its written report of the investigation and recommendation to the recycler at least
2995 five days prior to submitting the report and recommendation to the Division of Finance.
2996 Section 67. Section 19-9-105 is amended to read:
2997 19-9-105. Powers of authority.
2998 The authority is a body corporate and politic that may:
2999 (1) sue and be sued in its own name;
3000 (2) have a seal and alter the seal at will;
3001 (3) borrow money and issue obligations, including refunding obligations, and provide
3002 for the rights of holders of those obligations;
3003 (4) establish hazardous waste treatment, disposal, or storage surcharge schedules for
3004 facilities operated by, or under authority of, the authority, and require all private facility
3005 operators who contract with the authority to collect fees for all hazardous waste received for
3006 treatment, disposal, or storage by those private facilities;