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6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to the Governor's Office of Economic
10 Development (GOED) and the Department of Workforce Services (DWS).
11 Highlighted Provisions:
12 This bill:
13 ▸ moves and renumbers provisions related to private activity bonds from GOED to
14 DWS;
15 ▸ repeals provisions related to the State Advisory Council on Science and
16 Technology, the Utah Broadband Outreach Center, the Technology
17 Commercialization and Innovation Program, and the Health System Reform Act;
18 ▸ modifies GOED's duties regarding certain targeted industries;
19 ▸ modifies GOED's duties regarding broadband economic development and mapping;
20 and
21 ▸ makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill provides a special effective date.
26 Utah Code Sections Affected:
27 AMENDS:
28 63I-1-263, as last amended by Laws of Utah 2017, Chapters 23, 47, 95, 166, 205, 469,
29 and 470
30 63N-3-111, as renumbered and amended by Laws of Utah 2015, Chapter 283
31 ENACTS:
32 63N-3-501, Utah Code Annotated 1953
33 RENUMBERS AND AMENDS:
34 35A-8-2101, (Renumbered from 63N-5-101, as renumbered and amended by Laws of
35 Utah 2015, Chapter 283)
36 35A-8-2102, (Renumbered from 63N-5-102, as renumbered and amended by Laws of
37 Utah 2015, Chapter 283)
38 35A-8-2103, (Renumbered from 63N-5-103, as renumbered and amended by Laws of
39 Utah 2015, Chapter 283)
40 35A-8-2104, (Renumbered from 63N-5-104, as renumbered and amended by Laws of
41 Utah 2015, Chapter 283)
42 35A-8-2105, (Renumbered from 63N-5-105, as renumbered and amended by Laws of
43 Utah 2015, Chapter 283)
44 35A-8-2106, (Renumbered from 63N-5-106, as renumbered and amended by Laws of
45 Utah 2015, Chapter 283)
46 35A-8-2107, (Renumbered from 63N-5-107, as renumbered and amended by Laws of
47 Utah 2015, Chapter 283)
48 35A-8-2108, (Renumbered from 63N-5-108, as renumbered and amended by Laws of
49 Utah 2015, Chapter 283)
50 35A-8-2109, (Renumbered from 63N-5-109, as renumbered and amended by Laws of
51 Utah 2015, Chapter 283)
52 35A-8-2110, (Renumbered from 63N-5-110, as enacted by Laws of Utah 2015, Chapter
53 283)
54 REPEALS:
55 63N-2-412, as renumbered and amended by Laws of Utah 2015, Chapter 283
56 63N-11-101, as renumbered and amended by Laws of Utah 2015, Chapter 283
57 63N-11-102, as renumbered and amended by Laws of Utah 2015, Chapter 283
58 63N-11-103, as renumbered and amended by Laws of Utah 2015, Chapter 283
59 63N-11-104, as last amended by Laws of Utah 2017, Chapter 292
60 63N-11-105, as renumbered and amended by Laws of Utah 2015, Chapter 283
61 63N-11-106, as last amended by Laws of Utah 2017, Chapter 18
62 63N-12-101, as renumbered and amended by Laws of Utah 2015, Chapter 283
63 63N-12-102, as renumbered and amended by Laws of Utah 2015, Chapter 283
64 63N-12-103, as renumbered and amended by Laws of Utah 2015, Chapter 283
65 63N-12-104, as renumbered and amended by Laws of Utah 2015, Chapter 283
66 63N-12-105, as renumbered and amended by Laws of Utah 2015, Chapter 283
67 63N-12-106, as renumbered and amended by Laws of Utah 2015, Chapter 283
68 63N-12-107, as renumbered and amended by Laws of Utah 2015, Chapter 283
69 63N-12-108, as renumbered and amended by Laws of Utah 2015, Chapter 283
70 63N-12-301, as enacted by Laws of Utah 2015, Chapter 278
71 63N-12-302, as enacted by Laws of Utah 2015, Chapter 278
72 63N-12-303, as enacted by Laws of Utah 2015, Chapter 278
73 63N-12-304, as enacted by Laws of Utah 2015, Chapter 278
74 63N-12-305, as enacted by Laws of Utah 2015, Chapter 278
75
76 Be it enacted by the Legislature of the state of Utah:
77
78 Section 1. Section 35A-8-2101, which is renumbered from Section 63N-5-101 is
79 renumbered and amended to read:
80 [
81 (1) This [
82 (2) [
83 [
84 authorized by the Internal Revenue Code of 1986 in order to maximize the social and economic
85 benefits to this state.
86 Section 2. Section 35A-8-2102, which is renumbered from Section 63N-5-102 is
87 renumbered and amended to read:
88 [
89 As used in this part:
90 (1) "Allocated volume cap" means a volume cap for which:
91 (a) a certificate of allocation is in effect; or [
92 (b) bonds have been issued.
93 (2) "Allotment accounts" means the various accounts created in Section [
94 35A-8-2106.
95 (3) "Board of review" means the Private Activity Bond Review Board created in
96 Section [
97 (4) "Bond" means any obligation for which an allocation of volume cap is required by
98 the code.
99 (5) "Code" means the Internal Revenue Code of 1986, as amended, and any related
100 Internal Revenue Service regulations.
101 (6) "Form 8038" means the Department of the Treasury tax form 8038 (OMB No.
102 1545-0720) or any other federal tax form or other method of reporting required by the
103 Department of the Treasury under Section 149(e) of the code.
104 (7) "Issuing authority" means:
105 (a) any county, city, or town in the state;
106 (b) any not-for-profit corporation or joint agency, or other entity acting on behalf of
107 one or more counties, cities, towns, or any combination of these;
108 (c) the state; or
109 (d) any other entity authorized to issue bonds under state law.
110 (8) "State" means the state of Utah and any of its agencies, institutions, and divisions
111 authorized to issue bonds or certificates under state law.
112 (9) "Volume cap" means the private activity bond volume cap for the state as computed
113 under Section 146 of the code.
114 (10) "Year" means each calendar year.
115 Section 3. Section 35A-8-2103, which is renumbered from Section 63N-5-103 is
116 renumbered and amended to read:
117 [
118 (1) There is created within the [
119 Board, composed of the following 11 members:
120 (a) (i) the executive director of the [
121 designee;
122 [
123 (ii) the executive director of the Governor's Office of Economic Development or the
124 executive director's designee;
125 (iii) the state treasurer or the state treasurer's designee;
126 (iv) the chair of the Board of Regents or the chair's designee; and
127 (v) the chair of the Utah Housing Corporation or the chair's designee; and
128 (b) six local government members who are:
129 (i) three elected or appointed county officials, nominated by the Utah Association of
130 Counties and appointed by the governor with the consent of the Senate; and
131 (ii) three elected or appointed municipal officials, nominated by the Utah League of
132 Cities and Towns and appointed by the governor with the consent of the Senate.
133 (2) (a) Except as required by Subsection (2)(b), the terms of office for the local
134 government members of the board of review shall be four-year terms.
135 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
136 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
137 board of review members are staggered so that approximately half of the board of review is
138 appointed every two years.
139 (c) Members may be reappointed only once.
140 (3) (a) If a local government member ceases to be an elected or appointed official of
141 the city or county the member is appointed to represent, that membership on the board of
142 review terminates immediately and there shall be a vacancy in the membership.
143 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
144 appointed within 30 days in the manner of the regular appointment for the unexpired term[
145
146 (4) (a) The chair of the board of review is the executive director of the [
147 department or the executive director's designee.
148 (b) The chair is nonvoting except in the case of a tie vote.
149 (5) Six members of the board of review constitute a quorum.
150 (6) Formal action by the board of review requires a majority vote of a quorum.
151 (7) A member may not receive compensation or benefits for the member's service, but
152 may receive per diem and travel expenses in accordance with:
153 (a) Section 63A-3-106;
154 (b) Section 63A-3-107; and
155 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
156 (8) The chair of the board of review serves as the state official designated under state
157 law to make certifications required to be made under Section 146 of the code including the
158 certification required by Section 149(e)(2)(F) of the code.
159 Section 4. Section 35A-8-2104, which is renumbered from Section 63N-5-104 is
160 renumbered and amended to read:
161 [
162 review.
163 The board of review shall:
164 (1) make, subject to the limitations of the code, allocations of volume cap to issuing
165 authorities;
166 (2) determine the amount of volume cap to be allocated with respect to approved
167 applications;
168 (3) maintain a record of all applications filed by issuing authorities under Section
169 [
170 35A-8-2107;
171 (4) maintain a record of all bonds issued by issuing authorities during each year;
172 (5) determine the amount of volume cap to be treated as a carryforward under Section
173 146(f) of the code and allocate this carryforward to one or more qualified carryforward
174 purposes;
175 (6) make available upon reasonable request a certified copy of all or any part of the
176 records maintained by the board of review under this part or a summary of them, including
177 information relating to the volume cap for each year and any amounts available for allocation
178 under this part;
179 (7) [
180 (8) charge reasonable fees for the performance of duties prescribed by this part,
181 including application, filing, and processing fees.
182 Section 5. Section 35A-8-2105, which is renumbered from Section 63N-5-105 is
183 renumbered and amended to read:
184 [
185 (1) (a) Subject to Subsection (1)(b), the volume cap for each year shall be distributed
186 by the board of review to the [
187 [
188 (b) The board of review may distribute up to 50% of each increase in the volume cap
189 for use in development that occurs in quality growth areas, depending upon the board's analysis
190 of the relative need for additional volume cap between development in quality growth areas
191 and the allotment accounts under Section [
192 (2) To obtain an allocation of the volume cap, issuing authorities shall submit to the
193 board of review an application containing information required by the procedures and
194 processes of the board of review.
195 (3) (a) The board of review shall establish criteria for making allocations of volume
196 cap that are consistent with the purposes of the code and this part.
197 (b) In making an allocation of volume cap the board of review shall consider the
198 following:
199 (i) the principal amount of the bonds proposed to be issued;
200 (ii) the nature and the location of the project or the type of program;
201 (iii) the likelihood that the bonds will be sold and the timeframe of bond issuance;
202 (iv) whether the project or program could obtain adequate financing without an
203 allocation of volume cap;
204 (v) the degree to which an allocation of volume cap is required for the project or
205 program to proceed or continue;
206 (vi) the social, health, economic, and educational effects of the project or program on
207 the local community and state as a whole;
208 (vii) the anticipated economic development created or retained within the local
209 community and the state as a whole;
210 (viii) the anticipated number of jobs, both temporary and permanent, created or
211 retained within the local community and the state as a whole;
212 (ix) if the project is a residential rental project, the degree to which the residential
213 rental project:
214 (A) targets lower income populations; and
215 (B) is accessible housing; and
216 (x) whether the project meets the principles of quality growth recommended by the
217 Quality Growth Commission created [
218 (4) The board of review shall provide evidence of an allocation of volume cap by
219 issuing a certificate in accordance with Section [
220 (5) (a) From January 1 to June 30 of each year, the board of review shall set aside at
221 least 50% of the Small Issue Bond Account that may only be allocated [
222 projects.
223 (b) From July 1 to August 15 of each year, the board of review shall set aside at least
224 50% of the Pool Account that may only be allocated [
225 Section 6. Section 35A-8-2106, which is renumbered from Section 63N-5-106 is
226 renumbered and amended to read:
227 [
228 (1) There are created the following allotment accounts:
229 (a) the Single Family Housing Account, for which eligible issuing authorities are those
230 authorized under the code and state statute to issue qualified mortgage bonds under Section 143
231 of the code;
232 (b) the Student Loan Account, for which eligible issuing authorities are those
233 authorized under the code and state statute to issue qualified student loan bonds under Section
234 144(b) of the code;
235 (c) the Small Issue Bond Account, for which eligible issuing authorities are those
236 authorized under the code and state statute to issue:
237 (i) qualified small issue bonds under Section 144(a) of the code;
238 (ii) qualified exempt facility bonds for qualified residential rental projects under
239 Section 142(d) of the code; or
240 (iii) qualified redevelopment bonds under Section 144(c) of the code;
241 (d) the Exempt Facilities Account, for which eligible issuing authorities are those
242 authorized under the code and state statute to issue any bonds requiring an allocation of volume
243 cap other than for purposes described in Subsections (1)(a), (b), or (c);
244 (e) the Pool Account, for which eligible issuing authorities are those authorized under
245 the code and state statute to issue any bonds requiring an allocation of volume cap; and
246 (f) the Carryforward Account, for which eligible issuing authorities are those with
247 projects or programs qualifying under Section 146(f) of the code.
248 (2) (a) The volume cap shall be distributed to the [
249 January 1 of each year on the following basis:
250 (i) 42% to the Single Family Housing Account;
251 (ii) 33% to the Student Loan Account;
252 (iii) 1% to the Exempt Facilities Account; and
253 (iv) 24% to the Small Issue Bond Account.
254 (b) From July 1 to September 30 of each year, the board of review may transfer any
255 unallocated volume cap from the Exempt Facilities Account or the Small Issue Bond Account
256 to the Pool Account.
257 (c) [
258 eligible for volume cap allocation from the Single Family Housing Account or the Student
259 Loan Account that all or a portion of volume cap distributed into that allotment account will
260 not be used, the board of review may transfer the unused volume cap between the Single
261 Family Housing Account and the Student Loan Account.
262 (d) From October 1 to the third Friday of December of each year, the board of review
263 shall transfer all unallocated volume cap into the Pool Account.
264 (e) On the third Saturday of December of each year, the board of review shall transfer
265 uncollected volume cap, or allocated volume cap for which bonds have not been issued prior to
266 the third Saturday of December, into the Carryforward Account.
267 (f) If the authority to issue bonds designated in any allotment account is rescinded by
268 amendment to the code, the board of review may transfer any unallocated volume cap from that
269 allotment account to any other allotment account.
270 Section 7. Section 35A-8-2107, which is renumbered from Section 63N-5-107 is
271 renumbered and amended to read:
272 [
273 (1) (a) After an allocation of volume cap for a project or program is approved by the
274 board of review, the board of review shall issue a numbered certificate of allocation stating the
275 amount of the allocation, the allotment account for which the allocation is being made, and the
276 expiration date of the allocation.
277 (b) The certificates of allocation shall be mailed to the issuing authority within 10
278 working days of the date of approval.
279 (c) [
280 issuing authority received a certificate of allocation with respect to the bonds.
281 (d) (i) Certificates of allocation shall remain in effect for a period of 90 days from the
282 date of approval.
283 (ii) If bonds for which a certificate has been approved are not issued within the 90-day
284 period, the certificate of allocation is void and volume cap shall be returned to the applicable
285 allotment account for reallocation by the board of review.
286 (2) (a) An issuing authority receiving an allocation of volume cap from the
287 Carryforward Account shall receive a certificate of allocation similar to the certificates of
288 allocation described in Subsection (1) from the board of review stating the amount of allocation
289 from the Carryforward Account that has been allocated to the issuing authority and the
290 expiration of the allocation.
291 (b) (i) If in the judgment of the board of review an issuing authority or a person or
292 entity responsible for a project or program receiving an allocation from the Carryforward
293 Account does not proceed with diligence in providing for the issuance of the bonds with
294 respect to the project or program, and because of the lack of diligence the volume cap cannot
295 be used, the board of review may exclude from [
296 given period of time, determined by the board of review, an application of the issuing authority,
297 person, or entity.
298 (ii) The board of review may, at any time, review and modify [
299 decisions relating to [
300 Section 8. Section 35A-8-2108, which is renumbered from Section 63N-5-108 is
301 renumbered and amended to read:
302 [
303 (1) (a) [
304 authority issuing bonds without a certificate of allocation issued under Section [
305 35A-8-2107, or an issuing authority issuing bonds after the expiration of a certificate of
306 allocation, is not entitled to an allocation of the volume cap for those bonds.
307 (b) An issuing authority issuing bonds in excess of the amount set forth in the related
308 certificate of allocation is not entitled to an allocation of the volume cap for the excess.
309 (2) Each issuing authority shall:
310 (a) advise the board of review, within 15 days after the issuance of bonds, of the
311 principal amount of bonds issued under each certificate of allocation by delivering to the board
312 of review a copy of the Form 8038 that was delivered or shall be delivered to the Internal
313 Revenue Service in connection with the bonds, or, if no Form 8038 is required to be delivered
314 to the Internal Revenue Service, a completed copy of a Form 8038 prepared for the board of
315 review with respect to the bonds; and
316 (b) if all or a stated portion of the bonds for which a certificate of allocation was
317 received will not be issued, advise the board of review in writing, within 15 days of the earlier
318 of:
319 (i) the final decision not to issue all or a stated portion of the bonds; or
320 (ii) the expiration of the certificate of allocation.
321 (3) Failure by an issuing authority to notify the board of review under Subsection (2),
322 including failure to timely deliver a Form 8038, may, in the sole discretion of the board of
323 review, result in the [
324 consideration of applications from the issuing authority.
325 Section 9. Section 35A-8-2109, which is renumbered from Section 63N-5-109 is
326 renumbered and amended to read:
327 [
328 The board of review shall comply with the procedures and requirements of Title 63G,
329 Chapter 4, Administrative Procedures Act, in [
330 proceedings.
331 Section 10. Section 35A-8-2110, which is renumbered from Section 63N-5-110 is
332 renumbered and amended to read:
333 [
334 (1) The [
335 [
336 in Subsection [
337 volume cap authorized by the Internal Revenue Code and computed under Section 146, Internal
338 Revenue Code.
339 (2) To promote and encourage the issuance of bonds from the Small Issue Bond
340 Account for manufacturing projects, the [
341 (a) develop campaigns and materials that inform qualified small manufacturing
342 businesses about the existence of the program and the application process;
343 (b) assist small businesses in applying for and qualifying for these bonds; and
344 (c) develop strategies to lower the cost to small businesses of applying for and
345 qualifying for these bonds, including making arrangements with financial advisors,
346 underwriters, bond counsel, and other professionals involved in the issuance process to provide
347 [
348 service providers with a high volume of applicants or issues.
349 Section 11. Section 63I-1-263 is amended to read:
350 63I-1-263. Repeal dates, Titles 63A to 63N.
351 (1) Subsection 63A-5-104(4)(h) is repealed on July 1, 2024.
352 (2) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
353 (3) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
354 1, 2018.
355 (4) Title 63C, Chapter 4b, Commission for the Stewardship of Public Lands, is
356 repealed November 30, 2019.
357 (5) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
358 2020.
359 (6) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
360 repealed July 1, 2021.
361 (7) Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed July 1,
362 2018.
363 (8) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
364 2023.
365 (9) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
366 2020.
367 (10) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
368 (11) On July 1, 2025:
369 (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
370 Development Coordinating Committee," is repealed;
371 (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
372 sites for the transplant of species to local government officials having jurisdiction over areas
373 that may be affected by a transplant.";
374 (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
375 Coordinating Committee" is repealed;
376 (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
377 Coordinating Committee created in Section 63J-4-501 and" is repealed;
378 (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
379 Coordinating Committee and" is repealed;
380 (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
381 accordingly;
382 (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
383 (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
384 word "and" is inserted immediately after the semicolon;
385 (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
386 (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
387 and
388 (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
389 renumbered accordingly.
390 (12) (a) Subsection 63J-1-602.4(15) is repealed July 1, 2022.
391 (b) When repealing Subsection 63J-1-602.4(15), the Office of Legislative Research and
392 General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
393 necessary changes to subsection numbering and cross references.
394 (13) The Crime Victim Reparations and Assistance Board, created in Section
395 63M-7-504, is repealed July 1, 2027.
396 (14) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2027.
397 (15) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2018.
398 (16) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act, is
399 repealed January 1, 2021.
400 (b) Subject to Subsection (16)(c), Sections 59-7-610 and 59-10-1007 regarding tax
401 credits for certain persons in recycling market development zones, are repealed for taxable
402 years beginning on or after January 1, 2021.
403 (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
404 (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
405 59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
406 (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
407 the expenditure is made on or after January 1, 2021.
408 (d) Notwithstanding Subsections (16)(b) and (c), a person may carry forward a tax
409 credit in accordance with Section 59-7-610 or 59-10-1007 if:
410 (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
411 (ii) (A) for the purchase price of machinery or equipment described in Section
412 59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
413 2020; or
414 (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
415 expenditure is made on or before December 31, 2020.
416 (17) Section 63N-2-512 is repealed on July 1, 2021.
417 (18) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
418 January 1, 2021.
419 (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
420 calendar years beginning on or after January 1, 2021.
421 (c) Notwithstanding Subsection (18)(b), an entity may carry forward a tax credit in
422 accordance with Section 59-9-107 if:
423 (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
424 31, 2020; and
425 (ii) the qualified equity investment that is the basis of the tax credit is certified under
426 Section 63N-2-603 on or before December 31, 2023.
427 (19) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
428 is repealed January 1, 2023.
429 [
430
431 [
432 repealed July 1, 2018.
433 Section 12. Section 63N-3-111 is amended to read:
434 63N-3-111. Annual policy considerations.
435 (1) (a) The board shall determine annually which industries or groups of industries
436 shall be targeted industries as defined in Section 63N-3-102.
437 (b) The office shall make recommendations to state and federal agencies, local
438 governments, the governor, and the Legislature regarding policies and initiatives that promote
439 the economic development of targeted industries.
440 (c) The office may create one or more voluntary advisory committees that may include
441 public and private stakeholders to solicit input on policy guidance and best practices in
442 encouraging the economic development of targeted industries.
443 (2) In designating an economically disadvantaged rural area, the board shall consider
444 the average agricultural and nonagricultural wage, personal income, unemployment, and
445 employment in the area.
446 (3) In evaluating the economic impact of applications for assistance, the board shall use
447 an econometric cost-benefit model or models adopted by the Governor's Office of Management
448 and Budget.
449 (4) The board may establish:
450 (a) minimum interest rates to be applied to loans granted that reflect a fair social rate of
451 return to the state comparable to prevailing market-based rates such as the prime rate, U.S.
452 Government T-bill rate, or bond coupon rate as paid by the state, adjusted by social indicators
453 such as the rate of unemployment; and
454 (b) minimum applicant expense ratios, as long as they are at least equal to those
455 required under Subsection 63N-3-105(1)(a) or 63N-3-108(1)(b)(i)(A).
456 Section 13. Section 63N-3-501 is enacted to read:
457
458 63N-3-501. Infrastructure and broadband coordination.
459 (1) The office shall partner with the Automated Geographic Reference Center created
460 in Section 63F-1-506 to collect and maintain a database and interactive map that displays
461 economic development data statewide, including:
462 (a) voluntarily submitted broadband availability, speeds, and other broadband data;
463 (b) voluntarily submitted public utility data;
464 (c) workforce data, including information regarding:
465 (i) enterprise zones designated under Section 63N-2-206;
466 (ii) business resource centers;
467 (iii) public institutions of higher education; and
468 (iv) procurement technical assistance centers;
469 (d) transportation data, which may include information regarding railway routes,
470 commuter rail routes, airport locations, and major highways;
471 (e) lifestyle data, which may include information regarding state parks, national parks
472 and monuments, United States Forest Service boundaries, ski areas, golf courses, and hospitals;
473 and
474 (f) other relevant economic development data as determined by the office, including
475 data provided by partner organizations.
476 (2) The office may:
477 (a) make recommendations to state and federal agencies, local governments, the
478 governor, and the Legislature regarding policies and initiatives that promote the development
479 of broadband-related infrastructure in the state and help implement those policies and
480 initiatives;
481 (b) facilitate coordination between broadband providers and public and private entities;
482 (c) collect and analyze data on broadband availability and usage in the state, including
483 Internet speed, capacity, the number of unique visitors, and the availability of broadband
484 infrastructure throughout the state;
485 (d) create a voluntary broadband advisory committee, which shall include broadband
486 providers and other public and private stakeholders, to solicit input on broadband-related policy
487 guidance, best practices, and adoption strategies;
488 (e) work with broadband providers, state and local governments, and other public and
489 private stakeholders to facilitate and encourage the expansion and maintenance of broadband
490 infrastructure throughout the state; and
491 (f) in accordance with the requirements of Title 63J, Chapter 5, Federal Funds
492 Procedures Act, and in accordance with federal requirements:
493 (i) apply for federal grants;
494 (ii) participate in federal programs; and
495 (iii) administer federally funded broadband-related programs.
496 Section 14. Repealer.
497 This bill repeals:
498 Section 63N-2-412, Technology Commercialization and Innovation Program.
499 Section 63N-11-101, Title.
500 Section 63N-11-102, Definitions.
501 Section 63N-11-103, Duties related to health system reform.
502 Section 63N-11-104, Creation of Office of Consumer Health Services -- Duties.
503 Section 63N-11-105, Strategic plan for health system reform.
504 Section 63N-11-106, Reporting on federal health reform -- Prohibition of
505 individual mandate.
506 Section 63N-12-101, Title -- Purpose.
507 Section 63N-12-102, Definition of terms.
508 Section 63N-12-103, Creation.
509 Section 63N-12-104, Members -- Appointment -- Terms -- Qualifications --
510 Vacancies -- Chair and vice chair -- Executive secretary -- Executive committee --
511 Quorum -- Expenses.
512 Section 63N-12-105, Duties and powers.
513 Section 63N-12-106, Adviser -- Duties and powers.
514 Section 63N-12-107, Request for information.
515 Section 63N-12-108, Science education program.
516 Section 63N-12-301, Title.
517 Section 63N-12-302, Definitions.
518 Section 63N-12-303, Creation of center.
519 Section 63N-12-304, Center responsibilities.
520 Section 63N-12-305, Reporting.
521 Section 15. Effective date.
522 This bill takes effect on July 1, 2018.