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; and
17          ▸     makes technical corrections.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          53A-20-108, as last amended by Laws of Utah 2015, Chapter 92

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

28          53A-20-108. Notification to affected entities of intent to acquire school site or
29     construction of school building -- Local government -- Negotiation of fees --
30     Confidentiality.
31          (1) (a) A school district or charter school shall notify [the affected local governmental
32     entity] the following without delay prior to the acquisition of a school site or construction of a
33     school building of the school district's or charter school's intent to acquire or construct[.]:
34          (i) an affected local governmental entity;
35          (ii) the Department of Transportation; and
36          (iii) as defined in Section 54-2-1, an electrical corporation, gas corporation, or
37     telephone corporation that provides service or maintains infrastructure within the immediate
38     area of the proposed site.
39          (b) (i) Representatives of the local governmental entity and the school district or
40     charter school shall meet as soon as possible after the notification under Subsection (1)(a) takes
41     place in order to:
42          (A) subject to Subsection (1)(b)(ii), review information provided by the school district
43     or charter school about the proposed acquisition;
44          (B) discuss concerns that each may have, including potential community impacts and
45     site safety;
46          (C) assess the availability of infrastructure for the site; and
47          (D) discuss any fees that might be charged by the local governmental entity in
48     connection with a building project.
49          (ii) The school district or charter school shall provide for review under Subsection
50     (1)(b)(i) the following information, if available, regarding the proposed acquisition:
51          (A) potential community impacts;
52          (B) approximate lot size;
53          (C) approximate building size and use;
54          (D) estimated student enrollment;
55          (E) proposals for ingress and egress, parking, and fire lane location; and
56          (F) building footprint and location.
57          (2) (a) After the purchase or an acquisition, but before construction begins:
58          (i) representatives of the local governmental entity and the school district or charter

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

Legislative Review Note
Office of Legislative Research and General Counsel