First Substitute H.B. 263

Representative David Clark proposes the following substitute bill:

1 LOCAL DISTRICT SERVICES AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: David Clark
5 Senate Sponsor: Stephen H. Urquhart
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to a service that a local district or special service
10 district may provide and local district board of trustees provisions.
11 Highlighted Provisions:
12 This bill:
13 . amends provisions related to a service that a local district may provide;
14 . authorizes a local district board of trustees to compel the attendance of its own
15 members;
16 . authorizes a person authorized by a local district to enter a premise that is provided
17 a water system or sewer system by the local district;
18 . authorizes a local district to deliver, in certain circumstances, a service beyond its
19 boundaries;
20 . amends mosquito abatement district board of trustees provisions;
21 . amends public transit district board of trustees provisions;
22 . amends provisions related to a service that a special service district may provide;
23 and
24 . makes technical corrections.
25 Money Appropriated in this Bill:

26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 17B-1-202, as last amended by Laws of Utah 2010, Chapters 150 and 159
32 17B-1-643, as last amended by Laws of Utah 2009, First Special Session, Chapter 5
33 17B-2a-704, as enacted by Laws of Utah 2007, Chapter 329
34 17B-2a-807, as last amended by Laws of Utah 2010, Chapter 281
35 17D-1-201, as last amended by Laws of Utah 2009, First Special Session, Chapter 4
36 ENACTS:
37 17B-1-314, Utah Code Annotated 1953
38 17B-1-905, Utah Code Annotated 1953
39 17B-1-906, Utah Code Annotated 1953
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 17B-1-202 is amended to read:
43 17B-1-202. Local district may be created -- Services that may be provided --
44 Limitations.
45 (1) (a) A local district may be created as provided in this part to provide within its
46 boundaries service consisting of:
47 (i) the operation of an airport;
48 (ii) the operation of a cemetery;
49 (iii) fire protection, paramedic, and emergency services, including consolidated 911
50 and emergency dispatch services;
51 (iv) garbage collection and disposal;
52 (v) health care, including health department or hospital service;
53 (vi) the operation of a library;
54 (vii) abatement or control of mosquitos and other insects;
55 (viii) the operation of parks or recreation facilities or services;
56 (ix) the operation of a sewage system;

57 (x) street lighting;
58 (xi) the construction and maintenance of a right-of-way, including:
59 (A) a curb;
60 (B) a gutter;
61 (C) a sidewalk;
62 (D) a street;
63 (E) a road;
64 (F) a water line;
65 (G) a sewage line;
66 (H) a storm drain;
67 (I) an electricity line;
68 (J) a communications line; or
69 (K) a natural gas line;
70 (xii) transportation, including public transit and providing streets and roads;
71 (xiii) the operation of a system, or one or more components of a system, for the
72 collection, storage, retention, control, conservation, treatment, supplying, distribution, or
73 reclamation of water, including storm, flood, sewage, irrigation, and culinary water, whether
74 the system is operated on a wholesale or retail level or both;
75 (xiv) in accordance with Subsection (1)(c), the development and execution of a
76 groundwater management plan in cooperation with and approved by the state engineer in
77 accordance with Section 73-5-15 ;
78 (xv) law enforcement service; [or]
79 (xvi) subject to Subsection (1)(b), the underground installation of an electric utility line
80 or the conversion to underground of an existing electric utility line[.]; or
81 (xvii) the control or abatement of earth movement or a landslide.
82 (b) Each local district that provides the service of the underground installation of an
83 electric utility line or the conversion to underground of an existing electric utility line shall, in
84 installing or converting the line, provide advance notice to and coordinate with the utility that
85 owns the line.
86 (c) A groundwater management plan described in Subsection (1)(a)(xiv) may include
87 the banking of groundwater rights by a local district in a critical management area as defined in

88 Section 73-5-15 following the adoption of a groundwater management plan by the state
89 engineer under Section 73-5-15 .
90 (i) A local district may manage the groundwater rights it acquires under Subsection
91 17B-1-103 (2)(a) or (b) consistent with the provisions of a groundwater management plan
92 described in Subsection (1)(c).
93 (ii) A groundwater right held by a local district to satisfy the provisions of a
94 groundwater management plan is not subject to the forfeiture provisions of Section 73-1-4 .
95 (iii) (A) A local district may divest itself of a groundwater right subject to a
96 determination that the groundwater right is not required to facilitate the groundwater
97 management plan described in Subsection (1)(c).
98 (B) The groundwater right described in Subsection (1)(c)(iii)(A) is subject to Section
99 73-1-4 beginning on the date of divestiture.
100 (iv) Upon a determination by the state engineer that an area is no longer a critical
101 management area, a water right held by the local district is subject to Section 73-1-4 .
102 (2) For purposes of this section:
103 (a) "Operation" means all activities involved in providing the indicated service
104 including acquisition and ownership of property reasonably necessary to provide the indicated
105 service and acquisition, construction, and maintenance of facilities and equipment reasonably
106 necessary to provide the indicated service.
107 (b) "System" means the aggregate of interrelated components that combine together to
108 provide the indicated service including, for a sewage system, collection and treatment.
109 (3) (a) A local district may not be created to provide and may not after its creation
110 provide more than four of the services listed in Subsection (1).
111 (b) Subsection (3)(a) may not be construed to prohibit a local district from providing
112 more than four services if, before April 30, 2007, the local district was authorized to provide
113 those services.
114 (4) (a) Except as provided in Subsection (4)(b), a local district may not be created to
115 provide and may not after its creation provide to an area the same service already being
116 provided to that area by another political subdivision, unless the other political subdivision
117 gives its written consent.
118 (b) For purposes of Subsection (4)(a), a local district does not provide the same service

119 as another political subdivision if it operates a component of a system that is different from a
120 component operated by another political subdivision but within the same:
121 (i) sewage system; or
122 (ii) water system.
123 (5) (a) Except for a local district in the creation of which an election is not required
124 under Subsection 17B-1-214 (3)(c), the area of a local district may include all or part of the
125 unincorporated area of one or more counties and all or part of one or more municipalities.
126 (b) The area of a local district need not be contiguous.
127 (6) For a local district created before May 5, 2008, the authority to provide fire
128 protection service also includes the authority to provide:
129 (a) paramedic service; and
130 (b) emergency service, including hazardous materials response service.
131 (7) A local district created before May 11, 2010, authorized to provide the construction
132 and maintenance of curb, gutter, or sidewalk may provide a service described in Subsection
133 (1)(a)(xi) on or after May 11, 2010.
134 (8) A local district created before May 10, 2011, authorized to provide culinary,
135 irrigation, sewage, or storm water services may provide a service described in Subsection
136 (1)(a)(xiii) on or after May 10, 2011.
137 Section 2. Section 17B-1-314 is enacted to read:
138 17B-1-314. Compelling attendance at board meetings.
139 The board of trustees of a local district may:
140 (1) compel the attendance of its own members at its meetings; and
141 (2) provide penalties it considers necessary for the failure to attend.
142 Section 3. Section 17B-1-643 is amended to read:
143 17B-1-643. Imposing or increasing a fee for service provided by local district.
144 (1) (a) Before imposing a new fee or increasing an existing fee for a service provided
145 by a local district, each local district board of trustees shall first hold a public hearing at which
146 any interested person may speak for or against the proposal to impose a fee or to increase an
147 existing fee.
148 (b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
149 no earlier than 6 p.m.

150 (c) A public hearing required under this Subsection (1) may be combined with a public
151 hearing on a tentative budget required under Section 17B-1-610 .
152 (d) Except to the extent that this section imposes more stringent notice requirements,
153 the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act,
154 in holding the public hearing under Subsection (1)(a).
155 (2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
156 provided in Subsection (2)(b)(i) or [(ii)] (c).
157 (b) (i) (A) The notice required under Subsection (2)(a) shall be published:
158 (I) in a newspaper or combination of newspapers of general circulation in the local
159 district, if there is a newspaper or combination of newspapers of general circulation in the local
160 district; or
161 (II) if there is no newspaper or combination of newspapers of general circulation in the
162 local district, the local district board shall post at least one notice per 1,000 population within
163 the local district, at places within the local district that are most likely to provide actual notice
164 to residents within the local district.
165 (B) The notice described in Subsection (2)(b)(i)(A)(I):
166 (I) shall be no less than 1/4 page in size and the type used shall be no smaller than 18
167 point, and surrounded by a 1/4-inch border;
168 (II) may not be placed in that portion of the newspaper where legal notices and
169 classified advertisements appear;
170 (III) whenever possible, shall appear in a newspaper that is published at least one day
171 per week;
172 (IV) shall be in a newspaper or combination of newspapers of general interest and
173 readership in the local district, and not of limited subject matter; and
174 (V) shall be run once each week for the two weeks preceding the hearing.
175 (ii) The notice described in Subsection (2)(b)(i)(A) shall state that the local district
176 board intends to impose or increase a fee for a service provided by the local district and will
177 hold a public hearing on a certain day, time, and place fixed in the notice, which shall be not
178 less than seven days after the day the first notice is published, for the purpose of hearing
179 comments regarding the proposed imposition or increase of a fee and to explain the reasons for
180 the proposed imposition or increase.

181 (c) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
182 trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
183 within the district who:
184 (A) will be charged the fee for a district service, if the fee is being imposed for the first
185 time; or
186 (B) are being charged a fee, if the fee is proposed to be increased.
187 (ii) Each notice under Subsection (2)(c)(i) shall comply with Subsection (2)(b)(ii).
188 (iii) A notice under Subsection (2)(c)(i) may accompany a district bill for an existing
189 fee.
190 (d) If the hearing required under this section is combined with the public hearing
191 required under Section 17B-1-610 , the notice requirement under this Subsection (2) is satisfied
192 if a notice that meets the requirements of Subsection (2)(b)(ii) is combined with the notice
193 required under Section 17B-1-609 .
194 (e) Proof that notice was given as provided in Subsection (2)(b) or (c) is prima facie
195 evidence that notice was properly given.
196 (f) If no challenge is made to the notice given of a hearing required by Subsection (1)
197 within 30 days after the date of the hearing, the notice is considered adequate and proper.
198 (3) After holding a public hearing under Subsection (1), a local district board may:
199 (a) impose the new fee or increase the existing fee as proposed;
200 (b) adjust the amount of the proposed new fee or the increase of the existing fee and
201 then impose the new fee or increase the existing fee as adjusted; or
202 (c) decline to impose the new fee or increase the existing fee.
203 (4) This section applies to each new fee imposed and each increase of an existing fee
204 that occurs on or after July 1, 1998.
205 (5) (a) This section does not apply to an impact fee.
206 (b) The imposition or increase of an impact fee is governed by Title 11, Chapter 36,
207 Impact Fees Act.
208 Section 4. Section 17B-1-905 is enacted to read:
209 17B-1-905. Right of entry on premises of water user.
210 A person authorized by a local district that provides a service from a water system or
211 sewer system may enter upon a premise furnished with or provided that water service or sewer

212 service to:
213 (1) examine an apparatus related to or used by the water system or sewer system;
214 (2) examine the amount of water used or wastewater discharged by the water system or
215 sewer system and the manner of use or discharge; or
216 (3) make a necessary shutoff for vacancy, delinquency, or a violation of a local district
217 rule or regulation relating to the water service or sewer service.
218 Section 5. Section 17B-1-906 is enacted to read:
219 17B-1-906. Extraterritorial supply of surplus.
220 If a local district runs a surplus product or surplus capacity of a service that the local
221 district is authorized to provide under Section 17B-1-202 , the local district may sell or deliver
222 the product or service to others beyond the local district boundaries.
223 Section 6. Section 17B-2a-704 is amended to read:
224 17B-2a-704. Mosquito abatement district board of trustees.
225 (1) (a) Notwithstanding Subsection 17B-1-302 (2) and subject to Subsection (1)(b), the
226 legislative body of each municipality that is entirely or partly included within a mosquito
227 abatement district shall appoint one member to the board of trustees.
228 (b) If 75% or more of the area of a mosquito abatement district is within the boundaries
229 of a single municipality:
230 (i) the board of trustees shall consist of five members; and
231 (ii) the legislative body of that municipality shall appoint all five members of the
232 board.
233 (2) The legislative body of each county in which a mosquito abatement district is
234 located shall appoint at least one member but no more than three members to the district's
235 board of trustees [if] as follows:
236 (a) one member may be appointed if:
237 [(a)] (i) some or all of the county's unincorporated area is included within the
238 boundaries of the mosquito abatement district and Subsection (2)(b) does not apply; or
239 [(b) (i)] (ii) (A) the number of municipalities that are entirely or partly included within
240 the district is an even number less than nine; and
241 [(ii)] (B) Subsection (1)(b) does not apply[.]; or
242 (b) subject to Subsection (3), up to and including three members may be appointed if:

243 (i) more than 25% of the population of the mosquito abatement district resides outside
244 the boundaries of all municipalities that may appoint members to the board of trustees; and
245 (ii) at least four members of the board of trustees are appointed by a municipality.
246 (3) A member appointed in accordance with Subsection (2)(b) may not reside within a
247 municipality that may appoint a member to the board of trustees.
248 [(3)] (4) If the number of board members appointed by application of Subsections (1)
249 and (2)(a) is an even number less than nine, the legislative body of the county in which the
250 district is located shall appoint an additional member.
251 [(4)] (5) Each board of trustees member shall be appointed as provided in Section
252 17B-1-304 .
253 [(5)] (6) Each vacancy on a mosquito abatement district board of trustees shall be filled
254 by the applicable appointing authority as provided in Section 17B-1-304 .
255 Section 7. Section 17B-2a-807 is amended to read:
256 17B-2a-807. Public transit district board of trustees -- Appointment --
257 Apportionment -- Qualifications -- Quorum -- Compensation -- Terms.
258 (1) (a) If 200,000 people or fewer reside within the boundaries of a public transit
259 district, the board of trustees shall consist of members appointed by the legislative bodies of
260 each municipality, county, or unincorporated area within any county on the basis of one
261 member for each full unit of regularly scheduled passenger routes proposed to be served by the
262 district in each municipality or unincorporated area within any county in the following calendar
263 year.
264 (b) For purposes of determining membership under Subsection (1)(a), the number of
265 service miles comprising a unit shall be determined jointly by the legislative bodies of the
266 municipalities or counties comprising the district.
267 (c) The board of trustees of a public transit district under this Subsection (1) may
268 include a member that is a commissioner on the Transportation Commission created in Section
269 72-1-301 and appointed as provided in Subsection (11), who shall serve as a nonvoting, ex
270 officio member.
271 (d) Members appointed under this Subsection (1) shall be appointed and added to the
272 board or omitted from the board at the time scheduled routes are changed, or as municipalities,
273 counties, or unincorporated areas of counties annex to or withdraw from the district using the

274 same appointment procedures.
275 (e) For purposes of appointing members under this Subsection (1), municipalities,
276 counties, and unincorporated areas of counties in which regularly scheduled passenger routes
277 proposed to be served by the district in the following calendar year is less than a full unit, as
278 defined in Subsection (1)(b), may combine with any other similarly situated municipality or
279 unincorporated area to form a whole unit and may appoint one member for each whole unit
280 formed.
281 (2) (a) Subject to Section 17B-2a-807.5 , if more than 200,000 people reside within the
282 boundaries of a public transit district, the board of trustees shall consist of:
283 (i) 11 members:
284 (A) appointed as described under this Subsection (2); or
285 (B) retained in accordance with Section 17B-2a-807.5 ;
286 (ii) three members appointed as described in Subsection (4); and
287 (iii) one voting member appointed as provided in Subsection (11).
288 (b) Except as provided in Subsections (2)(c) and (d), the board shall apportion voting
289 members to each county within the district using an average of:
290 (i) the proportion of population included in the district and residing within each county,
291 rounded to the nearest 1/11 of the total transit district population; and
292 (ii) the cumulative proportion of transit sales and use tax collected from areas included
293 in the district and within each county, rounded to the nearest 1/11 of the total cumulative transit
294 sales and use tax collected for the transit district.
295 (c) The board shall join an entire or partial county not apportioned a voting member
296 under this Subsection (2) with an adjacent county for representation. The combined
297 apportionment basis included in the district of both counties shall be used for the
298 apportionment.
299 (d) (i) If rounding to the nearest 1/11 of the total public transit district apportionment
300 basis under Subsection (2)(b) results in an apportionment of more than 11 members, the county
301 or combination of counties with the smallest additional fraction of a whole member proportion
302 shall have one less member apportioned to it.
303 (ii) If rounding to the nearest 1/11 of the total public transit district apportionment
304 basis under Subsection (2)(b) results in an apportionment of less than 11 members, the county

305 or combination of counties with the largest additional fraction of a whole member proportion
306 shall have one more member apportioned to it.
307 (e) If the population in the unincorporated area of a county is at least 140,000, the
308 county executive, with the advice and consent of the county legislative body, shall appoint one
309 voting member to represent the population within a county's unincorporated area.
310 (f) If a municipality's population is at least 160,000, the chief municipal executive,
311 with the advice and consent of the municipal legislative body, shall appoint one voting member
312 to represent the population within a municipality.
313 (g) (i) The number of voting members appointed from a county and municipalities
314 within a county under Subsections (2)(e) and (f) shall be subtracted from the county's total
315 voting member apportionment under this Subsection (2).
316 (ii) Notwithstanding Subsections (2)(l) and (10), no more than one voting member
317 appointed by an appointing entity may be a locally elected public official.
318 (h) If the entire county is within the district, the remaining voting members for the
319 county shall represent the county or combination of counties, if Subsection (2)(c) applies, or
320 the municipalities within the county.
321 (i) If the entire county is not within the district, and the county is not joined with
322 another county under Subsection (2)(c), the remaining voting members for the county shall
323 represent a municipality or combination of municipalities.
324 (j) (i) Except as provided under Subsections (2)(e) and (f), voting members
325 representing counties, combinations of counties if Subsection (2)(c) applies, or municipalities
326 within the county shall be designated and appointed by a simple majority of the chief
327 executives of the municipalities within the county or combinations of counties if Subsection
328 (2)(c) applies.
329 (ii) The appointments shall be made by joint written agreement of the appointing
330 municipalities, with the consent and approval of the county legislative body of the county that
331 has at least 1/11 of the district's apportionment basis.
332 (k) Voting members representing a municipality or combination of municipalities shall
333 be designated and appointed by the chief executive officer of the municipality or simple
334 majority of chief executive officers of municipalities with the consent of the legislative body of
335 the municipality or municipalities.

336 (l) The appointment of voting members shall be made without regard to partisan
337 political affiliation from among citizens in the community.
338 (m) Each voting member shall be a bona fide resident of the municipality, county, or
339 unincorporated area or areas which the voting member is to represent for at least six months
340 before the date of appointment, and must continue in that residency to remain qualified to serve
341 as a voting member.
342 (n) (i) All population figures used under this section shall be derived from the most
343 recent official census or census estimate of the United States Bureau of the Census.
344 (ii) If population estimates are not available from the United States Bureau of Census,
345 population figures shall be derived from the estimate from the Utah Population Estimates
346 Committee.
347 (iii) All transit sales and use tax totals shall be obtained from the State Tax
348 Commission.
349 (o) (i) The board shall be apportioned as provided under this section in conjunction
350 with the decennial United States Census Bureau report every 10 years.
351 (ii) Within 120 days following the receipt of the population estimates under this
352 Subsection (2)(o), the district shall reapportion representation on the board of trustees in
353 accordance with this section.
354 (iii) The board shall adopt by resolution a schedule reflecting the current and proposed
355 apportionment.
356 (iv) Upon adoption of the resolution, the board shall forward a copy of the resolution to
357 each of its constituent entities as defined under Section 17B-1-701 .
358 (v) The appointing entities gaining a new board member shall appoint a new member
359 within 30 days following receipt of the resolution.
360 (vi) The appointing entities losing a board member shall inform the board of which
361 member currently serving on the board will step down:
362 (A) upon appointment of a new member under Subsection (2)(o)(v); or
363 (B) in accordance with Section 17B-2a-807.5 .
364 (3) Upon the completion of an annexation to a public transit district under Chapter 1,
365 Part 4, Annexation, the annexed area shall have a representative on the board of trustees on the
366 same basis as if the area had been included in the district as originally organized.

367 (4) In addition to the voting members appointed in accordance with Subsection (2), the
368 board shall consist of three voting members appointed as follows:
369 (a) one member appointed by the speaker of the House of Representatives;
370 (b) one member appointed by the president of the Senate; and
371 (c) one member appointed by the governor.
372 (5) [(a)] Except as provided in Section 17B-2a-807.5 , the terms of office of the voting
373 members of the board shall be four years or until a successor is appointed, qualified, seated,
374 and has taken the oath of office.
375 [(b) (i) A voting member may not be appointed for more than three successive full
376 terms regardless of the appointing entity that appoints the voting member.]
377 [(ii) A person:]
378 [(A) may serve no more than 12 years on a public transit district board of trustees
379 described in Subsection (2)(a) regardless of the appointing entity that appoints the member;
380 and]
381 [(B) that has served 12 years on a public transit district board of trustees described in
382 Subsection (2)(a) is ineligible for reappointment to a public transit board of trustees described
383 in Subsection (2)(a).]
384 (6) (a) Vacancies for voting members shall be filled by the official appointing the
385 member creating the vacancy for the unexpired term, unless the official fails to fill the vacancy
386 within 90 days.
387 (b) If the appointing official under Subsection (1) does not fill the vacancy within 90
388 days, the board of trustees of the authority shall fill the vacancy.
389 (c) If the appointing official under Subsection (2) does not fill the vacancy within 90
390 days, the governor, with the advice and consent of the Senate, shall fill the vacancy.
391 (7) (a) Each voting member may cast one vote on all questions, orders, resolutions, and
392 ordinances coming before the board of trustees.
393 (b) A majority of all voting members of the board of trustees are a quorum for the
394 transaction of business.
395 (c) The affirmative vote of a majority of all voting members present at any meeting at
396 which a quorum was initially present shall be necessary and, except as otherwise provided, is
397 sufficient to carry any order, resolution, ordinance, or proposition before the board of trustees.

398 (8) Each public transit district shall pay to each voting member:
399 (a) an attendance fee of $50 per board or committee meeting attended, not to exceed
400 $200 in any calendar month to any voting member; and
401 (b) reasonable mileage and expenses necessarily incurred to attend board or committee
402 meetings.
403 (9) (a) Members of the initial board of trustees shall convene at the time and place
404 fixed by the chief executive officer of the entity initiating the proceedings.
405 (b) The board of trustees shall elect from its voting membership a chair, vice chair, and
406 secretary.
407 (c) The members elected under Subsection (9)(b) shall serve for a period of two years
408 or until their successors shall be elected and qualified.
409 (d) On or after January 1, 2011, a locally elected public official is not eligible to serve
410 as the chair, vice chair, or secretary of the board of trustees.
411 (10) Except as otherwise authorized under Subsection (2)(g) and Section
412 17B-2a-807.5 , at the time of a voting member's appointment or during a voting member's
413 tenure in office, a voting member may not hold any employment, except as an independent
414 contractor or locally elected public official, with a county or municipality within the district.
415 (11) The Transportation Commission created in Section 72-1-301 :
416 (a) for a public transit district serving a population of 200,000 people or fewer, may
417 appoint a commissioner of the Transportation Commission to serve on the board of trustees as
418 a nonvoting, ex officio member; and
419 (b) for a public transit district serving a population of more than 200,000 people, shall
420 appoint a commissioner of the Transportation Commission to serve on the board of trustees as
421 a voting member.
422 (12) (a) (i) Each member of the board of trustees of a public transit district is subject to
423 recall at any time by the legislative body of the county or municipality from which the member
424 is appointed.
425 (ii) Each recall of a board of trustees member shall be made in the same manner as the
426 original appointment.
427 (iii) The legislative body recalling a board of trustees member shall provide written
428 notice to the member being recalled.

429 (b) Upon providing written notice to the board of trustees, a member of the board may
430 resign from the board of trustees.
431 (c) Except as provided in Section 17B-2a-807.5 , if a board member is recalled or
432 resigns under this Subsection (12), the vacancy shall be filled as provided in Subsection (6).
433 Section 8. Section 17D-1-201 is amended to read:
434 17D-1-201. Services that a special service district may be created to provide.
435 As provided in this part, a county or municipality may create a special service district to
436 provide any combination of the following services:
437 (1) water;
438 (2) sewerage;
439 (3) drainage;
440 (4) flood control;
441 (5) garbage collection and disposal;
442 (6) health care;
443 (7) transportation, including the receipt of federal secure rural school funds under
444 Section 51-9-603 for the purposes of constructing, improving, repairing, or maintaining public
445 roads;
446 (8) recreation;
447 (9) fire protection, including:
448 (a) emergency medical services, ambulance services, and search and rescue services, if
449 fire protection service is also provided;
450 (b) Firewise Communities programs and the development of community wildfire
451 protection plans; and
452 (c) the receipt of federal secure rural school funds as provided under Section 51-9-603
453 for the purposes of carrying out Firewise Communities programs, developing community
454 wildfire protection plans, and performing emergency services, including firefighting on federal
455 land and other services authorized under this Subsection (9);
456 (10) providing, operating, and maintaining correctional and rehabilitative facilities and
457 programs for municipal, state, and other detainees and prisoners;
458 (11) street lighting;
459 (12) consolidated 911 and emergency dispatch;

460 (13) animal shelter and control;
461 (14) receiving federal mineral lease funds under Title 59, Chapter 21, Mineral Lease
462 Funds, and expending those funds to provide construction and maintenance of public facilities,
463 traditional governmental services, and planning, as a means for mitigating impacts from
464 extractive mineral industries; [and]
465 (15) in a county of the first class, extended police protection[.]; or
466 (16) control or abatement of earth movement or a landslide.