Representative Rebecca P. Edwards proposes the following substitute bill:




Chief Sponsor: Rebecca P. Edwards

Senate Sponsor: Jacob L. Anderegg


8     General Description:
9          This bill creates a commission in the Department of Workforce Services.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates the Commission on Housing Affordability in the Department of Workforce
14     Services;
15          ▸     describes the membership, duties, and reporting requirements of the commission;
16     and
17          ▸     provides a sunset date.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          63I-1-235, as last amended by Laws of Utah 2017, Chapters 128 and 469
25     ENACTS:

26          35A-8-2101, Utah Code Annotated 1953
27          35A-8-2102, Utah Code Annotated 1953
28          35A-8-2103, Utah Code Annotated 1953
29          35A-8-2104, Utah Code Annotated 1953

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 35A-8-2101 is enacted to read:
Part 21. Commission on Housing Affordability

34          35A-8-2101. Definitions.
35          As used in this part:
36          (1) "Commission" means the Commission on Housing Affordability created in Section
37     35A-8-2102.
38          (2) "Housing affordability" means the ability of a household to occupy a housing unit
39     paying no more than 30% of the household's income for gross housing costs, including utilities.
40          Section 2. Section 35A-8-2102 is enacted to read:
41          35A-8-2102. Commission on Housing Affordability.
42          (1) There is created within the department the Commission on Housing Affordability.
43          (2) The commission shall consist of 20 members as follows:
44          (a) one senator appointed by the president of the Senate;
45          (b) two representatives appointed by the speaker of the House of Representatives;
46          (c) the executive director of the department or the executive director's designee;
47          (d) the director of the division;
48          (e) the executive director of the Governor's Office of Economic Development or the
49     executive director's designee;
50          (f) the president of the Utah Transit Authority or the president's designee;
51          (g) the president of the Utah Housing Corporation or the president's designee; and
52          (h) 12 members appointed by the governor as follows:
53          (i) one individual representing the land development community with experience and
54     expertise in affordable, subsidized multi-family development, recommended by the Utah
55     Homebuilders Association;
56          (ii) one individual representing the real estate industry, recommended by the Utah

57     Association of Realtors;
58          (iii) one individual representing the banking industry, recommended by the Utah
59     Bankers Association;
60          (iv) one individual representing public housing authorities, recommended by the
61     director of the division;
62          (v) two individuals representing municipal government, recommended by the Utah
63     League of Cities and Towns;
64          (vi) one individual representing redevelopment agencies and community reinvestment
65     agencies, recommended by the Utah Redevelopment Association;
66          (vii) two individuals representing county government, recommended by the Utah
67     Association of Counties, where:
68          (A) one of the individuals is from a county of the first class; and
69          (B) one of the individuals is from a county of the third, fourth, fifth, or sixth class;
70          (viii) one individual representing a nonprofit organization that addresses issues related
71     to housing affordability;
72          (ix) one individual with expertise on housing affordability issues in rural communities;
73     and
74          (x) one individual representing the Salt Lake Chamber, recommended by the Salt Lake
75     Chamber.
76          (3) (a) When a vacancy occurs in a position appointed by the governor under
77     Subsection (2)(h), the governor shall appoint a person to fill the vacancy.
78          (b) Members appointed under Subsection (2)(h) may be removed by the governor for
79     cause.
80          (c) A member appointed under Subsection (2)(h) shall be removed from the
81     commission and replaced by an appointee of the governor if the member is absent for three
82     consecutive meetings of the commission without being excused by a cochair of the
83     commission.
84          (d) A member serves until the member's successor is appointed.
85          (4) (a) The commission shall select two members to serve as cochairs, one of whom
86     shall be a legislator.
87          (b) Subject to the other provisions of this Subsection (4), the cochairs are responsible

88     for the call and conduct of meetings.
89          (c) The cochairs shall call and hold meetings of the commission at least four times each
90     year.
91          (d) One or more additional meetings may be called upon request by a majority of the
92     commission's members.
93          (5) (a) A majority of the members of the commission constitutes a quorum.
94          (b) The action of a majority of a quorum constitutes the action of the commission.
95          (6) (a) A member of the commission described in Subsections (2)(c) through (h) may
96     not receive compensation or benefits for the member's service, but may receive per diem and
97     travel expenses in accordance with:
98          (i) Section 63A-3-106;
99          (ii) Section 63A-3-107; and
100          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
101     63A-3-107.
102          (b) Compensation and expenses of a member who is a legislator are governed by
103     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
104          (7) The division shall provide staff support to the commission.
105          Section 3. Section 35A-8-2103 is enacted to read:
106          35A-8-2103. Duties of the commission.
107          (1) The commission's duties include:
108          (a) increasing public and government awareness and understanding of the housing
109     affordability needs of the state and how those needs may be most effectively and efficiently
110     met, through empirical study and investigation;
111          (b) identifying and recommending implementation of specific strategies, policies,
112     procedures, and programs to address the housing affordability needs of the state;
113          (c) facilitating the communication and coordination of public and private entities that
114     are involved in developing, financing, providing, advocating for, and administering affordable
115     housing in the state;
116          (d) studying, evaluating, and reporting on the status and effectiveness of policies,
117     procedures, and programs that address housing affordability in the state;
118          (e) studying and evaluating the policies, procedures, and programs implemented by

119     other states that address housing affordability;
120          (f) providing a forum for public comment on issues related to housing affordability;
121     and
122          (g) providing recommendations to the governor and Legislature on strategies, policies,
123     procedures, and programs to address the housing affordability needs of the state.
124          (2) To accomplish its duties, the commission may:
125          (a) request and receive from a state or local government agency or institution summary
126     information relating to housing affordability, including:
127          (i) reports;
128          (ii) audits;
129          (iii) projections; and
130          (iv) statistics; and
131          (b) appoint one or more advisory groups to advise and assist the commission.
132          (3) (a) A member of an advisory group described in Subsection (2)(b):
133          (i) shall be appointed by the commission;
134          (ii) may be:
135          (A) a member of the commission; or
136          (B) an individual from the private or public sector; and
137          (iii) notwithstanding Section 35A-8-2102, may not receive reimbursement or pay for
138     any work done in relation to the advisory group.
139          (b) An advisory group described in Subsection (2)(b) shall report to the commission on
140     the progress of the advisory group.
141          Section 4. Section 35A-8-2104 is enacted to read:
142          35A-8-2104. Annual report.
143          (1) The commission shall annually prepare a report for inclusion in the department's
144     annual written report described in Section 35A-1-109.
145          (2) The report described in Subsection (1) shall:
146          (a) describe how the commission fulfilled its statutory duties during the year; and
147          (b) contain recommendations on how the state should act to address issues relating to
148     housing affordability.
149          Section 5. Section 63I-1-235 is amended to read:

150          63I-1-235. Repeal dates, Title 35A.
151          (1) Subsection 35A-4-312(5)(p) is repealed July 1, 2019.
152          (2) Title 35A, Chapter 8, Part 21, Commission on Housing Affordability, is repealed
153     July 1, 2023.