Chief Sponsor: Alvin B. Jackson

House Sponsor: Johnny Anderson


8     General Description:
9          This bill requires a school district or charter school to notify certain entities before
10     acquiring a school site or constructing a school.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires a school district or charter school, before acquiring a school site or
14     constructing a school, to notify:
15               •     the Department of Transportation; and
16               •     certain utility providers;
17          ▸     requires a school district or charter school to submit a child access routing plan to
18     the Department of Transportation; and
19          ▸     makes technical corrections.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          53A-20-108, as last amended by Laws of Utah 2015, Chapter 92

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 53A-20-108 is amended to read:

30          53A-20-108. Notification to affected entities of intent to acquire school site or
31     construction of school building -- Local government -- Negotiation of fees --
32     Confidentiality.
33          (1) (a) A school district or charter school shall notify [the affected local governmental
34     entity] the following without delay prior to the acquisition of a school site or construction of a
35     school building of the school district's or charter school's intent to acquire or construct[.]:
36          (i) an affected local governmental entity;
37          (ii) the Department of Transportation; and
38          (iii) as defined in Section 54-2-1, an electrical corporation, gas corporation, or
39     telephone corporation that provides service or maintains infrastructure within the immediate
40     area of the proposed site.
41          (b) (i) Representatives of the local governmental entity [and], Department of
42     Transportation, and the school district or charter school shall meet as soon as possible after the
43     notification under Subsection (1)(a) takes place in order to:
44          (A) subject to Subsection (1)(b)(ii), review information provided by the school district
45     or charter school about the proposed acquisition;
46          (B) discuss concerns that each may have, including potential community impacts and
47     site safety;
48          (C) assess the availability of infrastructure for the site; and
49          (D) discuss any fees that might be charged by the local governmental entity in
50     connection with a building project.
51          (ii) The school district or charter school shall provide for review under Subsection
52     (1)(b)(i) the following information, if available, regarding the proposed acquisition:
53          (A) potential community impacts;
54          (B) approximate lot size;
55          (C) approximate building size and use;
56          (D) estimated student enrollment;
57          (E) proposals for ingress and egress, parking, and fire lane location; and

58          (F) building footprint and location.
59          (2) (a) After the purchase or an acquisition, but before construction begins:
60          (i) representatives of the local governmental entity and the school district or charter
61     school shall meet as soon as possible to review a rough proposed site plan provided by the
62     school district or charter school, review the information listed in Subsection (1)(b)(ii), and
63     negotiate any fees that might be charged by the local governmental entity in connection with a
64     building project;
65          (ii) (A) the school district or charter school shall submit the rough proposed site plan to
66     the local governmental entity's design review committee for comments; and
67          (B) subject to the priority requirement of Subsection 10-9a-305(7)(b), the local
68     governmental entity's design review committee shall provide comments on the rough proposed
69     site plan to the school district or charter school no later than 30 days after the day that the plan
70     is submitted to the design review committee in accordance with this Subsection (2)(a)(ii); and
71          (iii) the local governmental entity may require that the school district or charter school
72     provide a traffic study by an independent third party qualified to perform the study if the local
73     governmental entity determines that traffic flow, congestion, or other traffic concerns may
74     require the study if otherwise permitted under Subsection 10-9a-305(3)(b).
75          (b) A review conducted by or comment provided by a local governmental entity design
76     review committee under Subsection (2)(a) may not be interpreted as an action that completes a
77     land use application for the purpose of entitling the school district or charter school to a
78     substantive land use review of a land use application under Section 10-9a-509 or 17-27a-508.
79          (3) A local governmental entity may not increase a previously agreed-upon fee after the
80     district or charter school has signed contracts to begin construction.
81          (4) Prior to the filing of a formal application by the affected school district or charter
82     school, a local governmental entity may not disclose information obtained from a school
83     district or charter school regarding the district's or charter school's consideration of, or intent to,
84     acquire a school site or construct a school building, without first obtaining the consent of the
85     district or charter school.

86          (5) Prior to beginning construction on a school site, a school district or charter school
87     shall submit to the Department of Transportation a child access routing plan as described in
88     Section 53A-3-402.