This document includes Senate Committee Amendments incorporated into the bill on Mon, Mar 9, 2015 at 8:20 PM by lpoole.




Chief Sponsor: Keven J. Stratton

Senate Sponsor: Ralph Okerlund


9     General Description:
10          This bill requires a county to develop a resource management plan.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires a county to develop a resource management plan as a part of the county's
14     general plan;
15          ▸     establishes content requirements for a county's resource management plan;
16          ▸     requires the state to provide information and technical assistance to a county;
17          ▸     requires a county planning commission to coordinate with other counties;
18          ▸     establishes a county's general plan as a basis for coordinating with the federal
19     government;
20          ▸     establishes administrative duties of the Public Lands Policy Coordinating Office
21     with regard to county resource management plans; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     AMENDS:
29          17-27a-401, as renumbered and amended by Laws of Utah 2005, Chapter 254
30          17-27a-403, as last amended by Laws of Utah 2014, Chapter 176
31          17-27a-404, as last amended by Laws of Utah 2010, Chapter 90
32          17-27a-405, as enacted by Laws of Utah 2005, Chapter 254
33          17-27a-409, as renumbered and amended by Laws of Utah 2005, Chapter 254
34          17-34-6, as last amended by Laws of Utah 2005, Chapter 254
35     ENACTS:
36          63J-4-607, Utah Code Annotated 1953
38          17-27a-402, as last amended by Laws of Utah 2008, Chapter 382

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 17-27a-401 is amended to read:
42          17-27a-401. General plan required -- Content -- Resource management plan --
43     Provisions related to radioactive waste facility.
44          (1) [In order to] To accomplish the purposes of this chapter, each county shall prepare
45     and adopt a comprehensive, long-range general plan [for]:
46          (a) for present and future needs of the county; [and]
47          (b) for growth and development of all or any part of the land within the unincorporated
48     portions of the county[.]; and
49          (c) as a basis for communicating and coordinating with the federal government on land
50     and resource management issues.
51          (2) The general plan may provide for:
52          (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
53     activities, aesthetics, and recreational, educational, and cultural opportunities;
54          (b) the reduction of the waste of physical, financial, or human resources that result
55     from either excessive congestion or excessive scattering of population;
56          (c) the efficient and economical use, conservation, and production of the supply of:
57          (i) food and water; and
58          (ii) drainage, sanitary, and other facilities and resources;

59          (d) the use of energy conservation and solar and renewable energy resources;
60          (e) the protection of urban development;
61          (f) the protection or promotion of moderate income housing;
62          (g) the protection and promotion of air quality;
63          (h) historic preservation;
64          (i) identifying future uses of land that are likely to require an expansion or significant
65     modification of services or facilities provided by each affected entity; and
66          (j) an official map.
67          (3) (a) The general plan shall contain a resource management plan to provide for the
68     protection, conservation, development, and managed use of resources that are critical to the
69     health, safety, and welfare of the citizens of the county and of the state.
70          (b) The resource management plan shall:
71          (i) be centered on the following core resources:
72          (A) energy;
73          (B) air; and
74          (C) water; and
75          (ii) contain detailed plans regarding:
76          (A) mining;
77          (B) land use;
78          (C) livestock and grazing;
79          (D) irrigation;
80          (E) agriculture;
81          (F) fire management;
82          (G) noxious weeds;
83          (H) forest management;
84          (I) water rights;
85          (J) ditches and canals;
86          (K) water quality and hydrology;
87          (L) flood plains and river terraces;
88          (M) wetlands;
89          (N) riparian areas;

90          (O) predator control;
91          (P) wildlife;
92          (Q) fisheries;
93          (R) recreation and tourism;
94          (S) energy resources;
95          (T) mineral resources;
96          (U) cultural, historical, geological, and paleontological resources;
97          (V) wilderness;
98          (W) wild and scenic rivers;
99          (X) threatened, endangered, and sensitive species;
100          (Y) land access;
101          (Z) law enforcement; and
102          (AA) economic considerations.
103          (c) For each item listed under Subsection (3)(b), a county's resource management plan
104     shall:
105          (i) establish any relevant findings pertaining to the item;
106          (ii) establish clearly defined objectives; and
107          (iii) outline general policies and guidelines on how the objectives described in
108     Subsection (3)(c)(ii) are to be accomplished.
109          [(3)] (4) (a) The general plan shall include specific provisions related to any areas
110     within, or partially within, the exterior boundaries of the county, or contiguous to the
111     boundaries of a county, which are proposed for the siting of a storage facility or transfer facility
112     for the placement of high-level nuclear waste or greater than class C radioactive nuclear waste,
113     as these wastes are defined in Section 19-3-303. The provisions shall address the effects of the
114     proposed site upon the health and general welfare of citizens of the state, and shall provide:
115          (i) the information identified in Section 19-3-305;
116          (ii) information supported by credible studies that demonstrates that the provisions of
117     Subsection 19-3-307(2) have been satisfied; and
118          (iii) specific measures to mitigate the effects of high-level nuclear waste and greater
119     than class C radioactive waste and guarantee the health and safety of the citizens of the state.
120          (b) A county may, in lieu of complying with Subsection [(3)] (4)(a), adopt an ordinance

121     indicating that all proposals for the siting of a storage facility or transfer facility for the
122     placement of high-level nuclear waste or greater than class C radioactive waste wholly or
123     partially within the county are rejected.
124          (c) A county may adopt the ordinance listed in Subsection [(3)] (4)(b) at any time.
125          (d) The county shall send a certified copy of the ordinance [under] described in
126     Subsection [(3)] (4)(b) to the executive director of the Department of Environmental Quality by
127     certified mail within 30 days of enactment.
128          (e) If a county repeals an ordinance adopted [pursuant to] under Subsection [(3)] (4)(b)
129     the county shall:
130          (i) comply with Subsection [(3)] (4)(a) as soon as reasonably possible; and
131          (ii) send a certified copy of the repeal to the executive director of the Department of
132     Environmental Quality by certified mail within 30 days after the repeal.
133          [(4)] (5) The general plan may define the county's local customs, local culture, and the
134     components necessary for the county's economic stability.
135          [(5)] (6) Subject to Subsection 17-27a-403(2), the county may determine the
136     comprehensiveness, extent, and format of the general plan.
136a     Ŝ→ (7) Nothing in this part may be construed to limit the authority of the state to manage and
136b     protect wildlife under Title 23, Wildlife Resources Code of Utah. ←Ŝ
137          Section 2. Section 17-27a-402 is repealed and reenacted to read:
138          17-27a-402. Information and technical assistance from the state.
139          (1) A county may request that the state, including any agency, department, division,
140     institution, or official of the state, provide the county with information that would assist the
141     county in creating the county's general plan.
142          (2) The state or an agency, department, division, institution, or official of the state from
143     which a county has requested information under Subsection (1) shall provide the county with:
144          (a) the information requested by the county, unless providing the information is
145     prohibited by Title 63G, Chapter 2, Government Records Access and Management Act; and
146          (b) any other technical assistance or advice the county needs with regards to the
147     county's general plan, without any additional cost to the county.
148          Section 3. Section 17-27a-403 is amended to read:
149          17-27a-403. Plan preparation.
150          (1) (a) The planning commission shall provide notice, as provided in Section
151     17-27a-203, of its intent to make a recommendation to the county legislative body for a general

152     plan or a comprehensive general plan amendment when the planning commission initiates the
153     process of preparing its recommendation.
154          (b) The planning commission shall make and recommend to the legislative body a
155     proposed general plan for the unincorporated area within the county.
156          (c) (i) The plan may include planning for incorporated areas if, in the planning
157     commission's judgment, they are related to the planning of the unincorporated territory or of
158     the county as a whole.
159          (ii) Elements of the county plan that address incorporated areas are not an official plan
160     or part of a municipal plan for any municipality, unless it is recommended by the municipal
161     planning commission and adopted by the governing body of the municipality.
162          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
163     and descriptive and explanatory matter, shall include the planning commission's
164     recommendations for the following plan elements:
165          (i) a land use element that:
166          (A) designates the long-term goals and the proposed extent, general distribution, and
167     location of land for housing, business, industry, agriculture, recreation, education, public
168     buildings and grounds, open space, and other categories of public and private uses of land as
169     appropriate; and
170          (B) may include a statement of the projections for and standards of population density
171     and building intensity recommended for the various land use categories covered by the plan;
172          (ii) a transportation and traffic circulation element consisting of the general location
173     and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
174     any other modes of transportation that the planning commission considers appropriate, all
175     correlated with the population projections and the proposed land use element of the general
176     plan; [and]
177          (iii) an estimate of the need for the development of additional moderate income
178     housing within the unincorporated area of the county, and a plan to provide a realistic
179     opportunity to meet estimated needs for additional moderate income housing if long-term
180     projections for land use and development occur[.]; and
181          (iv) before July 1, 2016, a resource management plan detailing the findings, objectives,
182     and policies required by Subsection 17-27a-401(3).

183          (b) In drafting the moderate income housing element, the planning commission:
184          (i) shall consider the Legislature's determination that counties should facilitate a
185     reasonable opportunity for a variety of housing, including moderate income housing:
186          (A) to meet the needs of people desiring to live there; and
187          (B) to allow persons with moderate incomes to benefit from and fully participate in all
188     aspects of neighborhood and community life; and
189          (ii) may include an analysis of why the recommended means, techniques, or
190     combination of means and techniques provide a realistic opportunity for the development of
191     moderate income housing within the planning horizon, which means or techniques may include
192     a recommendation to:
193          (A) rezone for densities necessary to assure the production of moderate income
194     housing;
195          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
196     construction of moderate income housing;
197          (C) encourage the rehabilitation of existing uninhabitable housing stock into moderate
198     income housing;
199          (D) consider county general fund subsidies to waive construction related fees that are
200     otherwise generally imposed by the county;
201          (E) consider utilization of state or federal funds or tax incentives to promote the
202     construction of moderate income housing;
203          (F) consider utilization of programs offered by the Utah Housing Corporation within
204     that agency's funding capacity; and
205          (G) consider utilization of affordable housing programs administered by the
206     Department of Workforce Services.
207          (c) In drafting the land use element, the planning commission shall:
208          (i) identify and consider each agriculture protection area within the unincorporated area
209     of the county; and
210          (ii) avoid proposing a use of land within an agriculture protection area that is
211     inconsistent with or detrimental to the use of the land for agriculture.
212          (d) In drafting the resource management plan required under Section 17-27a-401, the
213     planning commission shall:

214          (i) identify any common interests the county shares with any other proximate county
215     with regards to the elements of the resource management plan as described in Subsection
216     17-27a-401(3)(b); and
217          (ii) coordinate with the other proximate county to establish, to the greatest extent
218     possible, consistent objectives and policies with regards to the common interests identified
219     under Subsection (2)(d)(i).
220          (3) The proposed general plan may include:
221          (a) an environmental element that addresses:
222          (i) to the extent not covered by the county's resource management plan, the protection,
223     conservation, development, and use of natural resources, including the quality of air, forests,
224     soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources;
225     and
226          (ii) the reclamation of land, flood control, prevention and control of the pollution of
227     streams and other waters, regulation of the use of land on hillsides, stream channels and other
228     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
229     protection of watersheds and wetlands, and the mapping of known geologic hazards;
230          (b) a public services and facilities element showing general plans for sewage, water,
231     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
232     police and fire protection, and other public services;
233          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
234     programs for:
235          (i) historic preservation;
236          (ii) the diminution or elimination of blight; and
237          (iii) redevelopment of land, including housing sites, business and industrial sites, and
238     public building sites;
239          (d) an economic element composed of appropriate studies and forecasts, as well as an
240     economic development plan, which may include review of existing and projected county
241     revenue and expenditures, revenue sources, identification of basic and secondary industry,
242     primary and secondary market areas, employment, and retail sales activity;
243          (e) recommendations for implementing all or any portion of the general plan, including
244     the use of land use ordinances, capital improvement plans, community development and

245     promotion, and any other appropriate action;
246          (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2); and
247          (g) any other element the county considers appropriate.
248          Section 4. Section 17-27a-404 is amended to read:
249          17-27a-404. Public hearing by planning commission on proposed general plan or
250     amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
251     by legislative body.
252          (1) (a) After completing its recommendation for a proposed general plan, or proposal to
253     amend the general plan, the planning commission shall schedule and hold a public hearing on
254     the proposed plan or amendment.
255          (b) The planning commission shall provide notice of the public hearing, as required by
256     Section 17-27a-204.
257          (c) After the public hearing, the planning commission may modify the proposed
258     general plan or amendment.
259          (2) The planning commission shall forward the proposed general plan or amendment to
260     the legislative body.
261          (3) (a) As provided by local ordinance and by Section 17-27a-204, the legislative body
262     shall provide notice of its intent to consider the general plan proposal.
263          (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
264     body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
265     regarding Subsection 17-27a-401[(3)](4). The hearing procedure shall comply with this
266     Subsection (3)(b).
267          (ii) The hearing format shall allow adequate time for public comment at the actual
268     public hearing, and shall also allow for public comment in writing to be submitted to the
269     legislative body for not fewer than 90 days after the date of the public hearing.
270          (c) (i) The legislative body shall give notice of the hearing in accordance with this
271     Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401[(3)](4)
272     are complete.
273          (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
274     the state Legislature, executive director of the Department of Environmental Quality, the state
275     planning coordinator, the Resource Development Coordinating Committee, and any other

276     citizens or entities who specifically request notice in writing.
277          (iii) Public notice shall be given by publication:
278          (A) in at least one major Utah newspaper having broad general circulation in the state;
279          (B) in at least one Utah newspaper having a general circulation focused mainly on the
280     county where the proposed high-level nuclear waste or greater than class C radioactive waste
281     site is to be located; and
282          (C) on the Utah Public Notice Website created in Section 63F-1-701.
283          (iv) The notice shall be published to allow reasonable time for interested parties and
284     the state to evaluate the information regarding the provisions of Subsection 17-27a-401[(3)](4),
285     including:
286          (A) in a newspaper described in Subsection (3)(c)(iii)(A), no less than 180 days before
287     the date of the hearing to be held under this Subsection (3); and
288          (B) publication described in Subsection (3)(c)(iii)(B) or (C) for 180 days before the
289     date of the hearing to be held under this Subsection (3).
290          (4) (a) After the public hearing required under this section, the legislative body may
291     make any revisions to the proposed general plan that it considers appropriate.
292          (b) The legislative body shall respond in writing and in a substantive manner to all
293     those providing comments as a result of the hearing required by Subsection (3).
294          (5) (a) The county legislative body may adopt or reject the proposed general plan or
295     amendment either as proposed by the planning commission or after making any revision the
296     county legislative body considers appropriate.
297          (b) If the county legislative body rejects the proposed general plan or amendment, it
298     may provide suggestions to the planning commission for its consideration.
299          (6) The legislative body shall adopt:
300          (a) a land use element as provided in Subsection 17-27a-403(2)(a)(i);
301          (b) a transportation and traffic circulation element as provided in Subsection
302     17-27a-403(2)(a)(ii); [and]
303          (c) after considering the factors included in Subsection 17-27a-403(2)(b), a plan to
304     provide a realistic opportunity to meet estimated needs for additional moderate income housing
305     if long-term projections for land use and development occur[.]; and
306          (d) before January 1, 2017, a resource management plan as provided by Subsection

307     17-27a-403(2)(a)(iv).
308          Section 5. Section 17-27a-405 is amended to read:
309          17-27a-405. Effect of general plan -- Coordination with federal government.
310          (1) Except for the mandatory provisions in Subsection 17-27a-401[(3)](4)(b) and
311     Section 17-27a-406, and except as provided in Subsection (3), the general plan is an advisory
312     guide for land use decisions, the impact of which shall be determined by ordinance.
313          (2) The legislative body may adopt an ordinance mandating compliance with the
314     general plan, and shall adopt an ordinance requiring compliance with all provisions of
315     Subsection 17-27a-401[(3)](4)(b).
316          (3) (a) As used in this Subsection (3), "coordinate with" means an action taken by the
317     federal government on a given matter, pursuant to a federal law, rule, policy, or regulation, to:
318          (i) work with a county on the matter to achieve a consistent outcome;
319          (ii) make resource management plans in conjunction with a county on the matter;
320          (iii) make resource management plans consistent with a county's plans on the matter;
321          (iv) integrate a county's plans on the matter into the federal government's plans; or
322          (v) follow a county's plans when contemplating any action on the matter.
323          (b) If the federal government is required to coordinate with a county or a local
324     government on a matter, the county's general plan is the principle document through which the
325     coordination shall take place.
326          (c) The federal government is not considered to have coordinated with a county or a
327     local government on a matter unless the federal government has:
328          (i) kept the county apprised of the federal government's proposed plans, amendments,
329     policy changes, and management actions with regard to the matter;
330          (ii) worked with the county in developing and implementing plans, policies, and
331     management actions on the matter;
332          (iii) treated the county as an equal partner in negotiations related to the matter;
333          (iv) listened to and understood the county's position on the matter to determine whether
334     a conflict exists between the federal government's proposed plan, policy, rule, or action and the
335     county's general plan;
336          (v) worked with the county in an amicable manner to reconcile any differences or
337     disagreements, to the greatest extent possible under federal law, between the federal

338     government and the county with regards to plans, policies, rules, or proposed management
339     actions that relate to the matter;
340          (vi) engaged in a good-faith effort to reconcile any conflicts discovered under
341     Subsection (3)(c)(iv) to achieve, to the greatest extent possible under federal law, consistency
342     between the federal government's proposed plan, policy, rule, or action and the county's general
343     plan; and
344          (vii) given full consideration to a county's general plan to the extent that the general
345     plan addresses the matter.
346          Section 6. Section 17-27a-409 is amended to read:
347          17-27a-409. State to indemnify county regarding refusal to site nuclear waste --
348     Terms and conditions.
349          If a county is challenged in a court of law regarding its decision to deny siting of a
350     storage or transfer facility for the placement of high-level nuclear waste or greater than class C
351     radioactive waste or its refusal to provide municipal-type services regarding the operation of
352     the storage or transfer facility, the state shall indemnify, defend, and hold the county harmless
353     from any claims or damages, including court costs and attorney fees that are assessed as a result
354     of the county's action, if:
355          (1) the county has complied with the provisions of Subsection 17-27a-401[(3)](4)(b)
356     by adopting an ordinance rejecting all proposals for the siting of a storage or transfer facility for
357     the placement of high-level nuclear waste or greater than class C radioactive waste wholly or
358     partially within the boundaries of the county;
359          (2) the county has complied with Subsection 17-34-1(3) regarding refusal to provide
360     municipal-type services; and
361          (3) the court challenge against the county addresses the county's actions in compliance
362     with Subsection 17-27a-401[(3)](4)(b) or 17-34-1(3).
363          Section 7. Section 17-34-6 is amended to read:
364          17-34-6. State to indemnify county regarding refusal to site nuclear waste --
365     Terms and conditions.
366          If a county is challenged in a court of law regarding its decision to deny siting of a
367     storage or transfer facility for the placement of high-level nuclear waste or greater than class C
368     radioactive waste or its refusal to provide municipal-type services regarding the operation of

369     the storage or transfer facility, the state shall indemnify, defend, and hold the county harmless
370     from any claims or damages, including court costs and attorney fees that are assessed as a result
371     of the county's action, if:
372          (1) the county has complied with the provisions of Subsection 17-27a-401[(3)](4)(b)
373     by adopting an ordinance rejecting all proposals for the siting of a storage or transfer facility for
374     the placement of high-level nuclear waste or greater than class C radioactive waste wholly or
375     partially within the boundaries of the county;
376          (2) the county has complied with Subsection 17-34-1(3) regarding refusal to provide
377     municipal-type services; and
378          (3) the court challenge against the county addresses the county's actions in compliance
379     with Subsection 17-27a-401[(3)](4)(b) or 17-34-1(3).
380          Section 8. Section 63J-4-607 is enacted to read:
381          63J-4-607. Resource management plan administration.
382          (1) The office shall consult with the Commission for the Stewardship of Public Lands
383     before expending funds appropriated by the Legislature for the implementation of this section.
384          (2) To the extent that the Legislature appropriates sufficient funding, the office shall
385     procure the services of a non-public entity in accordance with Title 63G, Chapter 6a, Utah
386     Procurement Code, to assist the office with the office's responsibilities described in Subsection
387     (3).
388          (3) The office shall:
389          (a) assist each county with the creation of the county's resource management plan by:
390          (i) consulting with the county on policy and legal issues related to the county's resource
391     management plan;
392          (ii) helping the county ensure that the county's resource management plan meets the
393     requirements of Subsection 17-27a-401(3); and
394          (iii) facilitating coordination between counties as required by Subsection
395     17-27a-403(2)(d);
396          (b) to the greatest extent possible, promote consistent quality standards among all
397     counties' resource management plans; and
398          (c) calculate the estimated cost of providing the services described in this section to
399     each county.

400          (4) (a) A county shall cooperate with the office, or an entity procured by the office
401     under Subsection (2), with regards to the office's responsibilities under Subsection (3).
402          (b) A county that receives assistance from the office under this section shall place a
403     deposit with the office in an amount equal to 50% of the estimated cost calculated under
404     Subsection (3)(c).
405          (c) To the extent that the Legislature appropriates sufficient funding, the office shall
406     reimburse a county in the amount described in Subsection (4)(d) when a county's resource
407     management plan:
408          (i) meets the requirements described in Subsection 17-27a-401(3); and
409          (ii) is adopted under Subsection 17-27a-404(6)(d).
410          (d) The office shall reimburse a county under Subsection (4)(c) in an amount equal to
411     the lesser of:
412          (i) the cost estimated under Subsection (3)(c); or
413          (ii) $50,000.
414          (5) To the extent that the Legislature appropriates sufficient funding, after the deadline
415     established in Subsection 17-27a-404(6)(d) for a county to adopt a resource management plan,
416     the office shall:
417          (a) obtain a copy of each county's resource management plan; and
418          (b) create a statewide resource management plan that:
419          (i) meets the same requirements described in Subsection 17-27-401(3)(a); and
420          (ii) to the greatest extent possible, coordinates and is consistent with any resource
421     management plan or land use plan established under Title 63J, Chapter 8, State of Utah
422     Resource Management Plan for Federal Lands.
423          (6) To the extent that the Legislature appropriates sufficient funding, the office shall
424     provide legal support to a county that becomes involved in litigation with the federal
425     government over the requirements of Subsection 17-27a-405(3).

Legislative Review Note
     as of 2-11-15 12:37 PM

Office of Legislative Research and General Counsel