Senator Curtis S. Bramble proposes the following substitute bill:


1     
MODERATE INCOME HOUSING AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Logan Wilde

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Municipal Land Use, Development, and
10     Management Act and the County Land Use, Development, and Management Act
11     relating to moderate income housing.
12     Highlighted Provisions:
13          This bill:
14          ▸     requires that the general plan of a county or municipality, other than a town, allow
15     and plan for moderate income housing growth;
16          ▸     modifies requirements relating to a general plan;
17          ▸     repeals provisions requiring a county to conduct a biennial review of the moderate
18     income housing element of a general plan;
19          ▸     modifies biennial review and reporting requirements of a municipality in relation to
20     the moderate income housing element of a general plan; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a coordination clause.
26     Utah Code Sections Affected:
27     AMENDS:
28          10-9a-401, as renumbered and amended by Laws of Utah 2005, Chapter 254
29          10-9a-403, as last amended by Laws of Utah 2012, Chapter 212
30          10-9a-404, as renumbered and amended by Laws of Utah 2005, Chapter 254
31          10-9a-408, as last amended by Laws of Utah 2012, Chapter 212
32          17-27a-401, as last amended by Laws of Utah 2016, Chapter 265
33          17-27a-403, as last amended by Laws of Utah 2016, Chapter 265
34          17-27a-404, as last amended by Laws of Utah 2016, Chapter 265
35          17-27a-408, as last amended by Laws of Utah 2012, Chapter 212
36          35A-8-804, as last amended by Laws of Utah 2014, Chapter 371
37     Utah Code Sections Affected by Coordination Clause:
38          10-9a-408, as last amended by Laws of Utah 2012, Chapter 212
39     

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 10-9a-401 is amended to read:
42          10-9a-401. General plan required -- Content.
43          (1) In order to accomplish the purposes of this chapter, each municipality shall prepare
44     and adopt a comprehensive, long-range general plan for:
45          (a) present and future needs of the municipality; and
46          (b) growth and development of all or any part of the land within the municipality.
47          (2) The general plan may provide for:
48          (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
49     activities, aesthetics, and recreational, educational, and cultural opportunities;
50          (b) the reduction of the waste of physical, financial, or human resources that result
51     from either excessive congestion or excessive scattering of population;
52          (c) the efficient and economical use, conservation, and production of the supply of:
53          (i) food and water; and
54          (ii) drainage, sanitary, and other facilities and resources;
55          (d) the use of energy conservation and solar and renewable energy resources;
56          (e) the protection of urban development;
57          (f) if the municipality is a town, the protection or promotion of moderate income
58     housing;
59          (g) the protection and promotion of air quality;
60          (h) historic preservation;
61          (i) identifying future uses of land that are likely to require an expansion or significant
62     modification of services or facilities provided by each affected entity; and
63          (j) an official map.
64          (3) (a) The general plan of a municipality, other than a town, shall plan for moderate
65     income housing growth.
66          (b) On or before July 1, 2019, each of the following that have a general plan that does
67     not comply with Subsection (3)(a) shall amend the general plan to comply with Subsection
68     (3)(a):
69          (i) a city of the first, second, third, or fourth class;
70          (ii) a city of the fifth class with a population of 5,000 or more, if the city is located
71     within a county of the first, second, or third class;
72          (iii) a metro township with a population of 5,000 or more; and
73          (iv) a metro township with a population of less than 5,000, if the metro township is
74     located within a county of the first, second, or third class.
75          (c) The population figures described in Subsection (3)(b)(ii), (iii), and (iv) shall be
76     derived from:
77          (i) the most recent official census or census estimate of the United States Census
78     Bureau; or
79          (ii) if a population figure is not available under Subsection (3)(c)(i), an estimate of the
80     Utah Population Estimates Committee.
81          [(3)] (4) Subject to Subsection 10-9a-403(2), the municipality may determine the
82     comprehensiveness, extent, and format of the general plan.
83          Section 2. Section 10-9a-403 is amended to read:
84          10-9a-403. General plan preparation.
85          (1) (a) The planning commission shall provide notice, as provided in Section
86     10-9a-203, of its intent to make a recommendation to the municipal legislative body for a
87     general plan or a comprehensive general plan amendment when the planning commission
88     initiates the process of preparing its recommendation.
89          (b) The planning commission shall make and recommend to the legislative body a
90     proposed general plan for the area within the municipality.
91          (c) The plan may include areas outside the boundaries of the municipality if, in the
92     planning commission's judgment, those areas are related to the planning of the municipality's
93     territory.
94          (d) Except as otherwise provided by law or with respect to a municipality's power of
95     eminent domain, when the plan of a municipality involves territory outside the boundaries of
96     the municipality, the municipality may not take action affecting that territory without the
97     concurrence of the county or other municipalities affected.
98          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
99     and descriptive and explanatory matter, shall include the planning commission's
100     recommendations for the following plan elements:
101          (i) a land use element that:
102          (A) designates the long-term goals and the proposed extent, general distribution, and
103     location of land for housing, business, industry, agriculture, recreation, education, public
104     buildings and grounds, open space, and other categories of public and private uses of land as
105     appropriate; and
106          (B) may include a statement of the projections for and standards of population density
107     and building intensity recommended for the various land use categories covered by the plan;
108          (ii) a transportation and traffic circulation element consisting of the general location
109     and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
110     any other modes of transportation that the planning commission considers appropriate, all
111     correlated with the population projections and the proposed land use element of the general
112     plan; and
113          (iii) [for cities, an estimate of the need for the development of additional moderate
114     income housing within the city, and a plan to provide] for a municipality described in
115     Subsection 10-9a-401(3)(b), a plan that provides a realistic opportunity to meet [estimated
116     needs] the need for additional moderate income housing [if long-term projections for land use
117     and development occur].
118          (b) In drafting the moderate income housing element, the planning commission:
119          (i) shall consider the Legislature's determination that [cities] municipalities shall
120     facilitate a reasonable opportunity for a variety of housing, including moderate income
121     housing:
122          (A) to meet the needs of people desiring to live [there] in the community; and
123          (B) to allow persons with moderate incomes to benefit from and fully participate in all
124     aspects of neighborhood and community life; and
125          (ii) for a town, may include, and for other municipalities, shall include, an analysis of
126     why the recommended means, techniques, or combination of means and techniques provide a
127     realistic opportunity for the development of moderate income housing within [the planning
128     horizon] the next five years, which means or techniques may include a recommendation to:
129          (A) rezone for densities necessary to assure the production of moderate income
130     housing;
131          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
132     construction of moderate income housing;
133          (C) encourage the rehabilitation of existing uninhabitable housing stock into moderate
134     income housing;
135          (D) consider general fund subsidies to waive construction related fees that are
136     otherwise generally imposed by the city;
137          (E) consider utilization of state or federal funds or tax incentives to promote the
138     construction of moderate income housing;
139          (F) consider utilization of programs offered by the Utah Housing Corporation within
140     that agency's funding capacity; [and]
141          (G) consider utilization of affordable housing programs administered by the
142     Department of Workforce Services[.]; and
143          (H) consider utilization of programs administered by an association of governments
144     established by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act.
145          (c) In drafting the land use element, the planning commission shall:
146          (i) identify and consider each agriculture protection area within the municipality; and
147          (ii) avoid proposing a use of land within an agriculture protection area that is
148     inconsistent with or detrimental to the use of the land for agriculture.
149          (3) The proposed general plan may include:
150          (a) an environmental element that addresses:
151          (i) the protection, conservation, development, and use of natural resources, including
152     the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
153     and other natural resources; and
154          (ii) the reclamation of land, flood control, prevention and control of the pollution of
155     streams and other waters, regulation of the use of land on hillsides, stream channels and other
156     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
157     protection of watersheds and wetlands, and the mapping of known geologic hazards;
158          (b) a public services and facilities element showing general plans for sewage, water,
159     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
160     police and fire protection, and other public services;
161          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
162     programs for:
163          (i) historic preservation;
164          (ii) the diminution or elimination of blight; and
165          (iii) redevelopment of land, including housing sites, business and industrial sites, and
166     public building sites;
167          (d) an economic element composed of appropriate studies and forecasts, as well as an
168     economic development plan, which may include review of existing and projected municipal
169     revenue and expenditures, revenue sources, identification of basic and secondary industry,
170     primary and secondary market areas, employment, and retail sales activity;
171          (e) recommendations for implementing all or any portion of the general plan, including
172     the use of land use ordinances, capital improvement plans, community development and
173     promotion, and any other appropriate action;
174          (f) provisions addressing any of the matters listed in Subsection 10-9a-401(2) or (3);
175     and
176          (g) any other element the municipality considers appropriate.
177          Section 3. Section 10-9a-404 is amended to read:
178          10-9a-404. Public hearing by planning commission on proposed general plan or
179     amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
180     by legislative body.
181          (1) (a) After completing its recommendation for a proposed general plan, or proposal to
182     amend the general plan, the planning commission shall schedule and hold a public hearing on
183     the proposed plan or amendment.
184          (b) The planning commission shall provide notice of the public hearing, as required by
185     Section 10-9a-204.
186          (c) After the public hearing, the planning commission may modify the proposed
187     general plan or amendment.
188          (2) The planning commission shall forward the proposed general plan or amendment to
189     the legislative body.
190          (3) The legislative body may make any revisions to the proposed general plan or
191     amendment that it considers appropriate.
192          (4) (a) The municipal legislative body may adopt or reject the proposed general plan or
193     amendment either as proposed by the planning commission or after making any revision that
194     the municipal legislative body considers appropriate.
195          (b) If the municipal legislative body rejects the proposed general plan or amendment, it
196     may provide suggestions to the planning commission for its consideration.
197          (5) The legislative body shall adopt:
198          (a) a land use element as provided in Subsection 10-9a-403(2)(a)(i);
199          (b) a transportation and traffic circulation element as provided in Subsection
200     10-9a-403(2)(a)(ii); and
201          (c) for [all cities] a municipality, other than a town, after considering the factors
202     included in Subsection 10-9a-403(2)(b)(ii), a plan to provide a realistic opportunity to meet
203     [estimated needs] the need for additional moderate income housing [if long-term projections
204     for land use and development occur] within the next five years.
205          Section 4. Section 10-9a-408 is amended to read:
206          10-9a-408. Civil action regarding moderate income housing element of general
207     plan.
208          (1) The legislative body of [each city] a municipality described in Subsection
209     10-9a-401(3)(b) shall biennially:
210          (a) review the moderate income housing plan element of [its] the municipality's general
211     plan and [its] implementation[; and] of that element of the general plan;
212          (b) prepare a report [setting forth] on the findings of the review[.] described in
213     Subsection (1)(a); and
214          (c) post the report described in Subsection (1)(b) on the municipality's website.
215          (2) [Each report under] The report described in Subsection (1) shall include a
216     description of:
217          (a) efforts made by the [city] municipality to reduce, mitigate, or eliminate local
218     regulatory barriers to moderate income housing;
219          (b) actions taken by the [city] municipality to encourage preservation of existing
220     moderate income housing and development of new moderate income housing;
221          (c) progress made within the [city] municipality to provide moderate income housing,
222     [as measured by permits issued for new units of moderate income housing; and] demonstrated
223     by analyzing and publishing data on:
224          (i) the number of housing units in the municipality that are at or below:
225          (A) 80% of the adjusted median income for the municipality;
226          (B) 50% of the adjusted median income for the municipality; and
227          (C) 30% of the adjusted median income for the municipality;
228          (ii) the number of housing units in the municipality that are subsidized by the
229     municipality, the state, or the federal government; and
230          (iii) the number of housing units in the municipality that are deed-restricted;
231          (d) all efforts made by the city to coordinate moderate income housing plans and
232     actions with neighboring municipalities[.] or associations of governments established by an
233     interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act;
234          (e) all efforts made by the municipality to utilize a moderate income housing set-aside
235     from a redevelopment agency, a community development agency, or an economic development
236     agency;
237          (f) money expended by the municipality to pay or waive construction-related fees
238     required by the municipality; and
239          (g) programs of the Utah Housing Corporation that were utilized by the municipality.
240          (3) The legislative body of each city shall send a copy of the report under Subsection
241     (1) to the Department of Workforce Services and the association of governments in which the
242     city is located.
243          (4) In a civil action seeking enforcement or claiming a violation of this section or of
244     Subsection 10-9a-404(5)(c), a plaintiff may not recover damages but may be awarded only
245     injunctive or other equitable relief.
246          Section 5. Section 17-27a-401 is amended to read:
247          17-27a-401. General plan required -- Content -- Resource management plan --
248     Provisions related to radioactive waste facility.
249          (1) To accomplish the purposes of this chapter, each county shall prepare and adopt a
250     comprehensive, long-range general plan:
251          (a) for present and future needs of the county;
252          (b) (i) for growth and development of all or any part of the land within the
253     unincorporated portions of the county; or
254          (ii) if a county has designated a mountainous planning district, for growth and
255     development of all or any part of the land within the mountainous planning district; and
256          (c) as a basis for communicating and coordinating with the federal government on land
257     and resource management issues.
258          (2) To promote health, safety, and welfare, the general plan may provide for:
259          (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
260     activities, aesthetics, and recreational, educational, and cultural opportunities;
261          (b) the reduction of the waste of physical, financial, or human resources that result
262     from either excessive congestion or excessive scattering of population;
263          (c) the efficient and economical use, conservation, and production of the supply of:
264          (i) food and water; and
265          (ii) drainage, sanitary, and other facilities and resources;
266          (d) the use of energy conservation and solar and renewable energy resources;
267          (e) the protection of urban development;
268          [(f) the protection or promotion of moderate income housing;]
269          [(g)] (f) the protection and promotion of air quality;
270          [(h)] (g) historic preservation;
271          [(i)] (h) identifying future uses of land that are likely to require an expansion or
272     significant modification of services or facilities provided by each affected entity; and
273          [(j)] (i) an official map.
274          (3) (a) The general plan shall:
275          (i) allow and plan for moderate income housing growth; and
276          (ii) contain a resource management plan for the public lands, as defined in Section
277     63L-6-102, within the county .
278          (b) On or before July 1, 2019, a county with a general plan that does not comply with
279     Subsection (3)(a)(i) shall amend the general plan to comply with Subsection (3)(a)(i).
280          [(b)] (c) The resource management plan described in Subsection (3)(a)(ii) shall
281     address:
282          (i) mining;
283          (ii) land use;
284          (iii) livestock and grazing;
285          (iv) irrigation;
286          (v) agriculture;
287          (vi) fire management;
288          (vii) noxious weeds;
289          (viii) forest management;
290          (ix) water rights;
291          (x) ditches and canals;
292          (xi) water quality and hydrology;
293          (xii) flood plains and river terraces;
294          (xiii) wetlands;
295          (xiv) riparian areas;
296          (xv) predator control;
297          (xvi) wildlife;
298          (xvii) fisheries;
299          (xviii) recreation and tourism;
300          (xix) energy resources;
301          (xx) mineral resources;
302          (xxi) cultural, historical, geological, and paleontological resources;
303          (xxii) wilderness;
304          (xxiii) wild and scenic rivers;
305          (xxiv) threatened, endangered, and sensitive species;
306          (xxv) land access;
307          (xxvi) law enforcement;
308          (xxvii) economic considerations; and
309          (xxviii) air.
310          [(c)] (d) For each item listed under Subsection (3)[(b)](c), a county's resource
311     management plan shall:
312          (i) establish findings pertaining to the item;
313          (ii) establish defined objectives; and
314          (iii) outline general policies and guidelines on how the objectives described in
315     Subsection (3)[(c)](d)(ii) are to be accomplished.
316          (4) (a) The general plan shall include specific provisions related to any areas within, or
317     partially within, the exterior boundaries of the county, or contiguous to the boundaries of a
318     county, which are proposed for the siting of a storage facility or transfer facility for the
319     placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as
320     these wastes are defined in Section 19-3-303. The provisions shall address the effects of the
321     proposed site upon the health and general welfare of citizens of the state, and shall provide:
322          (i) the information identified in Section 19-3-305;
323          (ii) information supported by credible studies that demonstrates that the provisions of
324     Subsection 19-3-307(2) have been satisfied; and
325          (iii) specific measures to mitigate the effects of high-level nuclear waste and greater
326     than class C radioactive waste and guarantee the health and safety of the citizens of the state.
327          (b) A county may, in lieu of complying with Subsection (4)(a), adopt an ordinance
328     indicating that all proposals for the siting of a storage facility or transfer facility for the
329     placement of high-level nuclear waste or greater than class C radioactive waste wholly or
330     partially within the county are rejected.
331          (c) A county may adopt the ordinance listed in Subsection (4)(b) at any time.
332          (d) The county shall send a certified copy of the ordinance described in Subsection
333     (4)(b) to the executive director of the Department of Environmental Quality by certified mail
334     within 30 days of enactment.
335          (e) If a county repeals an ordinance adopted under Subsection (4)(b) the county shall:
336          (i) comply with Subsection (4)(a) as soon as reasonably possible; and
337          (ii) send a certified copy of the repeal to the executive director of the Department of
338     Environmental Quality by certified mail within 30 days after the repeal.
339          (5) The general plan may define the county's local customs, local culture, and the
340     components necessary for the county's economic stability.
341          (6) Subject to Subsection 17-27a-403(2), the county may determine the
342     comprehensiveness, extent, and format of the general plan.
343          (7) If a county has designated a mountainous planning district, the general plan for the
344     mountainous planning district is the controlling plan and takes precedence over a municipality's
345     general plan for property located within the mountainous planning district.
346          (8) Nothing in this part may be construed to limit the authority of the state to manage
347     and protect wildlife under Title 23, Wildlife Resources Code of Utah.
348          Section 6. Section 17-27a-403 is amended to read:
349          17-27a-403. Plan preparation.
350          (1) (a) The planning commission shall provide notice, as provided in Section
351     17-27a-203, of its intent to make a recommendation to the county legislative body for a general
352     plan or a comprehensive general plan amendment when the planning commission initiates the
353     process of preparing its recommendation.
354          (b) The planning commission shall make and recommend to the legislative body a
355     proposed general plan for:
356          (i) the unincorporated area within the county; or
357          (ii) if the planning commission is a planning commission for a mountainous planning
358     district, the mountainous planning district.
359          (c) (i) The plan may include planning for incorporated areas if, in the planning
360     commission's judgment, they are related to the planning of the unincorporated territory or of
361     the county as a whole.
362          (ii) Elements of the county plan that address incorporated areas are not an official plan
363     or part of a municipal plan for any municipality, unless it is recommended by the municipal
364     planning commission and adopted by the governing body of the municipality.
365          (iii) Notwithstanding Subsection (1)(c)(ii), if property is located in a mountainous
366     planning district, the plan for the mountainous planning district controls and precedes a
367     municipal plan, if any, to which the property would be subject.
368          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
369     and descriptive and explanatory matter, shall include the planning commission's
370     recommendations for the following plan elements:
371          (i) a land use element that:
372          (A) designates the long-term goals and the proposed extent, general distribution, and
373     location of land for housing, business, industry, agriculture, recreation, education, public
374     buildings and grounds, open space, and other categories of public and private uses of land as
375     appropriate; and
376          (B) may include a statement of the projections for and standards of population density
377     and building intensity recommended for the various land use categories covered by the plan;
378          (ii) a transportation and traffic circulation element consisting of the general location
379     and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
380     any other modes of transportation that the planning commission considers appropriate, all
381     correlated with the population projections and the proposed land use element of the general
382     plan;
383          (iii) [an estimate of the need] a plan for the development of additional moderate
384     income housing within the unincorporated area of the county or the mountainous planning
385     district, and a plan to provide a realistic opportunity to meet [estimated needs] the need for
386     additional moderate income housing [if long-term projections for land use and development
387     occur]; and
388          (iv) before May 1, 2017, a resource management plan detailing the findings, objectives,
389     and policies required by Subsection 17-27a-401(3).
390          (b) In drafting the moderate income housing element, the planning commission:
391          (i) shall consider the Legislature's determination that counties should facilitate a
392     reasonable opportunity for a variety of housing, including moderate income housing:
393          (A) to meet the needs of people desiring to live there; and
394          (B) to allow persons with moderate incomes to benefit from and fully participate in all
395     aspects of neighborhood and community life; and
396          (ii) [may] shall include an analysis of why the recommended means, techniques, or
397     combination of means and techniques provide a realistic opportunity for the development of
398     moderate income housing within the planning horizon, which means or techniques may include
399     a recommendation to:
400          (A) rezone for densities necessary to assure the production of moderate income
401     housing;
402          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
403     construction of moderate income housing;
404          (C) encourage the rehabilitation of existing uninhabitable housing stock into moderate
405     income housing;
406          (D) consider county general fund subsidies to waive construction related fees that are
407     otherwise generally imposed by the county;
408          (E) consider utilization of state or federal funds or tax incentives to promote the
409     construction of moderate income housing;
410          (F) consider utilization of programs offered by the Utah Housing Corporation within
411     that agency's funding capacity; and
412          (G) consider utilization of affordable housing programs administered by the
413     Department of Workforce Services.
414          (c) In drafting the land use element, the planning commission shall:
415          (i) identify and consider each agriculture protection area within the unincorporated area
416     of the county or mountainous planning district; and
417          (ii) avoid proposing a use of land within an agriculture protection area that is
418     inconsistent with or detrimental to the use of the land for agriculture.
419          (3) The proposed general plan may include:
420          (a) an environmental element that addresses:
421          (i) to the extent not covered by the county's resource management plan, the protection,
422     conservation, development, and use of natural resources, including the quality of air, forests,
423     soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources;
424     and
425          (ii) the reclamation of land, flood control, prevention and control of the pollution of
426     streams and other waters, regulation of the use of land on hillsides, stream channels and other
427     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
428     protection of watersheds and wetlands, and the mapping of known geologic hazards;
429          (b) a public services and facilities element showing general plans for sewage, water,
430     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
431     police and fire protection, and other public services;
432          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
433     programs for:
434          (i) historic preservation;
435          (ii) the diminution or elimination of blight; and
436          (iii) redevelopment of land, including housing sites, business and industrial sites, and
437     public building sites;
438          (d) an economic element composed of appropriate studies and forecasts, as well as an
439     economic development plan, which may include review of existing and projected county
440     revenue and expenditures, revenue sources, identification of basic and secondary industry,
441     primary and secondary market areas, employment, and retail sales activity;
442          (e) recommendations for implementing all or any portion of the general plan, including
443     the use of land use ordinances, capital improvement plans, community development and
444     promotion, and any other appropriate action;
445          (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2) or
446     (3)(a)(i); and
447          (g) any other element the county considers appropriate.
448          Section 7. Section 17-27a-404 is amended to read:
449          17-27a-404. Public hearing by planning commission on proposed general plan or
450     amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
451     by legislative body.
452          (1) (a) After completing its recommendation for a proposed general plan, or proposal to
453     amend the general plan, the planning commission shall schedule and hold a public hearing on
454     the proposed plan or amendment.
455          (b) The planning commission shall provide notice of the public hearing, as required by
456     Section 17-27a-204.
457          (c) After the public hearing, the planning commission may modify the proposed
458     general plan or amendment.
459          (2) The planning commission shall forward the proposed general plan or amendment to
460     the legislative body.
461          (3) (a) As provided by local ordinance and by Section 17-27a-204, the legislative body
462     shall provide notice of its intent to consider the general plan proposal.
463          (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
464     body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
465     regarding Subsection 17-27a-401(4). The hearing procedure shall comply with this Subsection
466     (3)(b).
467          (ii) The hearing format shall allow adequate time for public comment at the actual
468     public hearing, and shall also allow for public comment in writing to be submitted to the
469     legislative body for not fewer than 90 days after the date of the public hearing.
470          (c) (i) The legislative body shall give notice of the hearing in accordance with this
471     Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401(4) are
472     complete.
473          (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
474     the state Legislature, executive director of the Department of Environmental Quality, the state
475     planning coordinator, the Resource Development Coordinating Committee, and any other
476     citizens or entities who specifically request notice in writing.
477          (iii) Public notice shall be given by publication:
478          (A) in at least one major Utah newspaper having broad general circulation in the state;
479          (B) in at least one Utah newspaper having a general circulation focused mainly on the
480     county where the proposed high-level nuclear waste or greater than class C radioactive waste
481     site is to be located; and
482          (C) on the Utah Public Notice Website created in Section 63F-1-701.
483          (iv) The notice shall be published to allow reasonable time for interested parties and
484     the state to evaluate the information regarding the provisions of Subsection 17-27a-401(4),
485     including:
486          (A) in a newspaper described in Subsection (3)(c)(iii)(A), no less than 180 days before
487     the date of the hearing to be held under this Subsection (3); and
488          (B) publication described in Subsection (3)(c)(iii)(B) or (C) for 180 days before the
489     date of the hearing to be held under this Subsection (3).
490          (4) (a) After the public hearing required under this section, the legislative body may
491     make any revisions to the proposed general plan that it considers appropriate.
492          (b) The legislative body shall respond in writing and in a substantive manner to all
493     those providing comments as a result of the hearing required by Subsection (3).
494          (5) (a) The county legislative body may adopt or reject the proposed general plan or
495     amendment either as proposed by the planning commission or after making any revision the
496     county legislative body considers appropriate.
497          (b) If the county legislative body rejects the proposed general plan or amendment, it
498     may provide suggestions to the planning commission for its consideration.
499          (6) The legislative body shall adopt:
500          (a) a land use element as provided in Subsection 17-27a-403(2)(a)(i);
501          (b) a transportation and traffic circulation element as provided in Subsection
502     17-27a-403(2)(a)(ii);
503          (c) after considering the factors included in Subsection 17-27a-403(2)(b), a plan to
504     provide a realistic opportunity to meet [estimated needs] the need for additional moderate
505     income housing [if long-term projections for land use and development occur]; and
506          (d) before August 1, 2017, a resource management plan as provided by Subsection
507     17-27a-403(2)(a)(iv).
508          Section 8. Section 17-27a-408 is amended to read:
509          17-27a-408. Civil action regarding moderate income housing element of general
510     plan.
511          [(1) The legislative body of each county with a population over 25,000 shall
512     biennially:]
513          [(a) review the moderate income housing plan element of its general plan and its
514     implementation; and]
515          [(b) prepare a report setting forth the findings of the review.]
516          [(2) Each report under Subsection (1) shall include a description of:]
517          [(a) efforts made by the county to reduce, mitigate, or eliminate local regulatory
518     barriers to moderate income housing;]
519          [(b) actions taken by the county to encourage preservation of existing moderate income
520     housing and development of new moderate income housing;]
521          [(c) progress made within the county to provide moderate income housing, as
522     measured by permits issued for new units of moderate income housing; and]
523          [(d) efforts made by the county to coordinate moderate income housing plans and
524     actions with neighboring counties and municipalities.]
525          [(3) The legislative body of each county with a population over 25,000 shall send a
526     copy of the report under Subsection (1) to the Department of Workforce Services and the
527     association of governments in which the county is located.]
528          [(4)] In a civil action seeking enforcement or claiming a violation of this section or of
529     Subsection 17-27a-404(6)(c), a plaintiff may not recover damages but may be awarded only
530     injunctive or other equitable relief.
531          Section 9. Section 35A-8-804 is amended to read:
532          35A-8-804. Technical assistance to political subdivisions for housing plan.
533          (1) Within appropriations from the Legislature, the division shall establish a program
534     to assist municipalities to [meet the requirements of Section 10-9a-408] comply with the
535     moderate income housing requirements described in Section 10-9a-403 and counties to [meet
536     the requirements of Section 17-27a-408] comply with the moderate income housing
537     requirements described in Section 17-27a-403.
538          (2) Assistance under this section may include:
539          (a) financial assistance for the cost of developing a plan for low and moderate income
540     housing;
541          (b) information on how to meet present and prospective needs for low and moderate
542     income housing; and
543          (c) technical advice and consultation on how to facilitate the creation of low and
544     moderate income housing.
545          (3) The division shall submit an annual report to the department regarding the scope,
546     amount, and type of assistance provided to municipalities and counties under this section,
547     including the number of low and moderate income housing units constructed or rehabilitated
548     within the state, for inclusion in the department's annual written report described in Section
549     35A-1-109.
550          Section 10. Coordinating H.B. 259 with H.B. 15 -- Superseding substantive and
551     technical amendments.
552          If this H.B. 259 and H.B. 15, Community Reinvestment Agency Amendments, both
553     pass and become law, it is the intent of the Legislature that the amendments to Section
554     10-9a-408 in H.B. 259 supersede the amendments to Section 10-9a-408 in H.B. 15, when the
555     Office of Legislative Research and General Counsel prepares the Utah Code database for
556     publication.