This document includes Senate Committee Amendments incorporated into the bill on Tue, Mar 5, 2019 at 11:33 AM by lpoole.
Representative Mike Winder proposes the following substitute bill:


1     
COMMUNITY REINVESTMENT AGENCY REVISIONS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Winder

5     
Senate Sponsor: Wayne A. Harper

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to community reinvestment agencies.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     replaces the term "blight" with "development impediment";
14          ▸     beginning on May 14, 2019, prohibits an agency from creating a taxing entity
15     committee for a community reinvestment project area;
16          ▸     requires an agency that allocates the agency's community reinvestment project area
17     funds for housing to:
18               •     adopt a housing plan; or
19               •     implement the housing plan that the community that created the agency adopted;
20          ▸     amends requirements for an agency's notice when the agency considers and executes
21     an interlocal agreement for a community reinvestment project area; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:

26     Ŝ→ [
     This bill provides a coordination clause.] None ←Ŝ
27     Utah Code Sections Affected:
28     AMENDS:
29          10-8-2, as last amended by Laws of Utah 2014, Chapter 59
30          10-9a-403, as last amended by Laws of Utah 2018, Chapter 218
31          11-58-601, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
32          17-27a-403, as last amended by Laws of Utah 2018, Chapter 218
33          17-50-303, as last amended by Laws of Utah 2014, Chapter 66
34          17C-1-102, as last amended by Laws of Utah 2018, Chapter 364
35          17C-1-207, as last amended by Laws of Utah 2018, Chapters 364 and 366
36          17C-1-402, as last amended by Laws of Utah 2018, Chapter 364
37          17C-1-407, as last amended by Laws of Utah 2016, Chapter 350
38          17C-1-409, as last amended by Laws of Utah 2018, Chapter 312
39          17C-1-412, as last amended by Laws of Utah 2018, Chapter 312
40          17C-1-802, as renumbered and amended by Laws of Utah 2016, Chapter 350
41          17C-1-803, as renumbered and amended by Laws of Utah 2016, Chapter 350
42          17C-1-804, as renumbered and amended by Laws of Utah 2016, Chapter 350
43          17C-1-805, as renumbered and amended by Laws of Utah 2016, Chapter 350
44          17C-1-807, as renumbered and amended by Laws of Utah 2016, Chapter 350
45          17C-1-902, as last amended by Laws of Utah 2018, Chapter 364
46          17C-2-101.5, as renumbered and amended by Laws of Utah 2016, Chapter 350
47          17C-2-102, as last amended by Laws of Utah 2016, Chapter 350
48          17C-2-103, as last amended by Laws of Utah 2016, Chapter 350
49          17C-2-106, as last amended by Laws of Utah 2016, Chapter 350
50          17C-2-110, as last amended by Laws of Utah 2018, Chapter 364
51          17C-2-202, as last amended by Laws of Utah 2007, Chapter 364
52          17C-2-301, as last amended by Laws of Utah 2008, Chapter 125
53          17C-2-302, as last amended by Laws of Utah 2007, Chapter 364
54          17C-2-303, as last amended by Laws of Utah 2016, Chapter 350
55          17C-2-304, as last amended by Laws of Utah 2007, Chapter 364
56          17C-5-103, as last amended by Laws of Utah 2017, Chapter 456

57          17C-5-104, as last amended by Laws of Utah 2018, Chapter 364
58          17C-5-105, as last amended by Laws of Utah 2018, Chapter 364
59          17C-5-108, as last amended by Laws of Utah 2018, Chapter 364
60          17C-5-112, as last amended by Laws of Utah 2018, Chapter 364
61          17C-5-202, as last amended by Laws of Utah 2017, Chapter 456
62          17C-5-203, as last amended by Laws of Utah 2017, Chapter 456
63          17C-5-205, as enacted by Laws of Utah 2016, Chapter 350
64          17C-5-401, as enacted by Laws of Utah 2016, Chapter 350
65          17C-5-402, as last amended by Laws of Utah 2017, Chapter 456
66          17C-5-403, as last amended by Laws of Utah 2017, Chapter 456
67          17C-5-404, as enacted by Laws of Utah 2016, Chapter 350
68          17C-5-405, as last amended by Laws of Utah 2018, Chapter 422
69          17C-5-406, as enacted by Laws of Utah 2016, Chapter 350
70     Ŝ→ [
Utah Code Sections Affected by Coordination Clause:
71          17C-5-202, as last amended by Laws of Utah 2017, Chapter 456
] ? ←Ŝ

72     

73     Be it enacted by the Legislature of the state of Utah:
74          Section 1. Section 10-8-2 is amended to read:
75          10-8-2. Appropriations -- Acquisition and disposal of property -- Municipal
76     authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
77          (1) (a) A municipal legislative body may:
78          (i) appropriate money for corporate purposes only;
79          (ii) provide for payment of debts and expenses of the corporation;
80          (iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and
81     dispose of real and personal property for the benefit of the municipality, whether the property is
82     within or without the municipality's corporate boundaries, if the action is in the public interest
83     and complies with other law;
84          (iv) improve, protect, and do any other thing in relation to this property that an
85     individual could do; and
86          (v) subject to Subsection (2) and after first holding a public hearing, authorize
87     municipal services or other nonmonetary assistance to be provided to or waive fees required to

88     be paid by a nonprofit entity, whether or not the municipality receives consideration in return.
89          (b) A municipality may:
90          (i) furnish all necessary local public services within the municipality;
91          (ii) purchase, hire, construct, own, maintain and operate, or lease public utilities
92     located and operating within and operated by the municipality; and
93          (iii) subject to Subsection (1)(c), acquire by eminent domain, or otherwise, property
94     located inside or outside the corporate limits of the municipality and necessary for any of the
95     purposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title 78B,
96     Chapter 6, Part 5, Eminent Domain, and general law for the protection of other communities.
97          (c) Each municipality that intends to acquire property by eminent domain under
98     Subsection (1)(b) shall comply with the requirements of Section 78B-6-505.
99          (d) Subsection (1)(b) may not be construed to diminish any other authority a
100     municipality may claim to have under the law to acquire by eminent domain property located
101     inside or outside the municipality.
102          (2) (a) Services or assistance provided pursuant to Subsection (1)(a)(v) is not subject to
103     the provisions of Subsection (3).
104          (b) The total amount of services or other nonmonetary assistance provided or fees
105     waived under Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the
106     municipality's budget for that fiscal year.
107          (3) It is considered a corporate purpose to appropriate money for any purpose that, in
108     the judgment of the municipal legislative body, provides for the safety, health, prosperity,
109     moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality
110     subject [to the following:] to this Subsection (3).
111          (a) The net value received for any money appropriated shall be measured on a
112     project-by-project basis over the life of the project.
113          (b) (i) [The] A municipal legislative body shall establish the criteria for a determination
114     under this Subsection (3) [shall be established by the municipality's legislative body. A
115     determination of value received, made by the municipality's legislative body, shall be].
116          (ii) A municipal legislative body's determination of value received is presumed valid
117     unless [it can be shown] a person can show that the determination was arbitrary, capricious, or
118     illegal.

119          (c) The municipality may consider intangible benefits received by the municipality in
120     determining net value received.
121          (d) (i) [Prior to] Before the municipal legislative body [making] makes any decision to
122     appropriate any funds for a corporate purpose under this section, [a public hearing shall be
123     held] the municipal legislative body shall hold a public hearing.
124          (ii) [Notice of the hearing described in Subsection (3)(d)(i) shall be published] The
125     municipal legislative body shall publish a notice of the hearing described in Subsection
126     (3)(d)(i):
127          (A) [(I)] in a newspaper of general circulation at least 14 days before the date of the
128     hearing[;] or, [(II) ] if there is no newspaper of general circulation, by posting notice in at least
129     three conspicuous places within the municipality for the same time period; and
130          (B) on the Utah Public Notice Website created in Section 63F-1-701, at least 14 days
131     before the date of the hearing.
132          [(e) A study shall be performed before notice of the public hearing is given and shall be
133     made available at the municipality for review by interested parties at least 14 days immediately
134     prior to the public hearing, setting forth an analysis and demonstrating the purpose for the
135     appropriation. In making the study, the following factors shall be considered:]
136          (e) (i) Before a municipality provides notice as described in Subsection (3)(d)(ii), the
137     municipality shall perform a study that analyzes and demonstrates the purpose for an
138     appropriation described in this Subsection (3) in accordance with Subsection (3)(e)(iii).
139          (ii) A municipality shall make the study described in Subsection (3)(e)(i) available at
140     the municipality for review by interested parties at least 14 days immediately before the public
141     hearing described in Subsection (3)(d)(i).
142          (iii) A municipality shall consider the following factors when conducting the study
143     described in Subsection (3)(e)(i):
144          [(i)] (A) what identified benefit the municipality will receive in return for any money or
145     resources appropriated;
146          [(ii)] (B) the municipality's purpose for the appropriation, including an analysis of the
147     way the appropriation will be used to enhance the safety, health, prosperity, moral well-being,
148     peace, order, comfort, or convenience of the inhabitants of the municipality; and
149          [(iii)] (C) whether the appropriation is necessary and appropriate to accomplish the

150     reasonable goals and objectives of the municipality in the area of economic development, job
151     creation, affordable housing, [blight] elimination of a development impediment, job
152     preservation, the preservation of historic structures and property, and any other public purpose.
153          (f) (i) An appeal may be taken from a final decision of the municipal legislative body,
154     to make an appropriation.
155          (ii) [The appeal shall be filed within 30 days after the date of that decision, to the
156     district court.] A person shall file an appeal as described in Subsection (3)(f)(i) with the district
157     court within 30 days after the day on which the municipal legislative body makes a decision.
158          (iii) Any appeal shall be based on the record of the proceedings before the legislative
159     body.
160          (iv) A decision of the municipal legislative body shall be presumed to be valid unless
161     the appealing party shows that the decision was arbitrary, capricious, or illegal.
162          (g) The provisions of this Subsection (3) apply only to those appropriations made after
163     May 6, 2002.
164          (h) This section applies only to appropriations not otherwise approved pursuant to Title
165     10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6, Uniform
166     Fiscal Procedures Act for Utah Cities.
167          (4) (a) Before a municipality may dispose of a significant parcel of real property, the
168     municipality shall:
169          (i) provide reasonable notice of the proposed disposition at least 14 days before the
170     opportunity for public comment under Subsection (4)(a)(ii); and
171          (ii) allow an opportunity for public comment on the proposed disposition.
172          (b) Each municipality shall, by ordinance, define what constitutes:
173          (i) a significant parcel of real property for purposes of Subsection (4)(a); and
174          (ii) reasonable notice for purposes of Subsection (4)(a)(i).
175          (5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
176     real property for the purpose of expanding the municipality's infrastructure or other facilities
177     used for providing services that the municipality offers or intends to offer shall provide written
178     notice, as provided in this Subsection (5), of its intent to acquire the property if:
179          (i) the property is located:
180          (A) outside the boundaries of the municipality; and

181          (B) in a county of the first or second class; and
182          (ii) the intended use of the property is contrary to:
183          (A) the anticipated use of the property under the general plan of the county in whose
184     unincorporated area or the municipality in whose boundaries the property is located; or
185          (B) the property's current zoning designation.
186          (b) Each notice under Subsection (5)(a) shall:
187          (i) indicate that the municipality intends to acquire real property;
188          (ii) identify the real property; and
189          (iii) be sent to:
190          (A) each county in whose unincorporated area and each municipality in whose
191     boundaries the property is located; and
192          (B) each affected entity.
193          (c) A notice under this Subsection (5) is a protected record as provided in Subsection
194     63G-2-305(8).
195          (d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
196     previously provided notice under Section 10-9a-203 identifying the general location within the
197     municipality or unincorporated part of the county where the property to be acquired is located.
198          (ii) If a municipality is not required to comply with the notice requirement of
199     Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide
200     the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real
201     property.
202          Section 2. Section 10-9a-403 is amended to read:
203          10-9a-403. General plan preparation.
204          (1) (a) The planning commission shall provide notice, as provided in Section
205     10-9a-203, of its intent to make a recommendation to the municipal legislative body for a
206     general plan or a comprehensive general plan amendment when the planning commission
207     initiates the process of preparing its recommendation.
208          (b) The planning commission shall make and recommend to the legislative body a
209     proposed general plan for the area within the municipality.
210          (c) The plan may include areas outside the boundaries of the municipality if, in the
211     planning commission's judgment, those areas are related to the planning of the municipality's

212     territory.
213          (d) Except as otherwise provided by law or with respect to a municipality's power of
214     eminent domain, when the plan of a municipality involves territory outside the boundaries of
215     the municipality, the municipality may not take action affecting that territory without the
216     concurrence of the county or other municipalities affected.
217          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
218     and descriptive and explanatory matter, shall include the planning commission's
219     recommendations for the following plan elements:
220          (i) a land use element that:
221          (A) designates the long-term goals and the proposed extent, general distribution, and
222     location of land for housing, business, industry, agriculture, recreation, education, public
223     buildings and grounds, open space, and other categories of public and private uses of land as
224     appropriate; and
225          (B) may include a statement of the projections for and standards of population density
226     and building intensity recommended for the various land use categories covered by the plan;
227          (ii) a transportation and traffic circulation element consisting of the general location
228     and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
229     any other modes of transportation that the planning commission considers appropriate, all
230     correlated with the population projections and the proposed land use element of the general
231     plan; and
232          (iii) for a municipality described in Subsection 10-9a-401(3)(b), a plan that provides a
233     realistic opportunity to meet the need for additional moderate income housing.
234          (b) In drafting the moderate income housing element, the planning commission:
235          (i) shall consider the Legislature's determination that municipalities shall facilitate a
236     reasonable opportunity for a variety of housing, including moderate income housing:
237          (A) to meet the needs of people desiring to live in the community; and
238          (B) to allow persons with moderate incomes to benefit from and fully participate in all
239     aspects of neighborhood and community life; and
240          (ii) for a town, may include, and for other municipalities, shall include, an analysis of
241     why the recommended means, techniques, or combination of means and techniques provide a
242     realistic opportunity for the development of moderate income housing within the next five

243     years, which means or techniques may include a recommendation to:
244          (A) rezone for densities necessary to assure the production of moderate income
245     housing;
246          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
247     construction of moderate income housing;
248          (C) encourage the rehabilitation of existing uninhabitable housing stock into moderate
249     income housing;
250          (D) consider general fund subsidies to waive construction related fees that are
251     otherwise generally imposed by the city;
252          (E) consider utilization of state or federal funds or tax incentives to promote the
253     construction of moderate income housing;
254          (F) consider utilization of programs offered by the Utah Housing Corporation within
255     that agency's funding capacity;
256          (G) consider utilization of affordable housing programs administered by the
257     Department of Workforce Services; and
258          (H) consider utilization of programs administered by an association of governments
259     established by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act.
260          (c) In drafting the land use element, the planning commission shall:
261          (i) identify and consider each agriculture protection area within the municipality; and
262          (ii) avoid proposing a use of land within an agriculture protection area that is
263     inconsistent with or detrimental to the use of the land for agriculture.
264          (3) The proposed general plan may include:
265          (a) an environmental element that addresses:
266          (i) the protection, conservation, development, and use of natural resources, including
267     the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
268     and other natural resources; and
269          (ii) the reclamation of land, flood control, prevention and control of the pollution of
270     streams and other waters, regulation of the use of land on hillsides, stream channels and other
271     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
272     protection of watersheds and wetlands, and the mapping of known geologic hazards;
273          (b) a public services and facilities element showing general plans for sewage, water,

274     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
275     police and fire protection, and other public services;
276          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
277     programs for:
278          (i) historic preservation;
279          (ii) the diminution or elimination of [blight] a development impediment as defined in
280     Section 17C-1-102; and
281          (iii) redevelopment of land, including housing sites, business and industrial sites, and
282     public building sites;
283          (d) an economic element composed of appropriate studies and forecasts, as well as an
284     economic development plan, which may include review of existing and projected municipal
285     revenue and expenditures, revenue sources, identification of basic and secondary industry,
286     primary and secondary market areas, employment, and retail sales activity;
287          (e) recommendations for implementing all or any portion of the general plan, including
288     the use of land use ordinances, capital improvement plans, community development and
289     promotion, and any other appropriate action;
290          (f) provisions addressing any of the matters listed in Subsection 10-9a-401(2) or (3);
291     and
292          (g) any other element the municipality considers appropriate.
293          Section 3. Section 11-58-601 is amended to read:
294          11-58-601. Port authority receipt and use of property tax differential --
295     Distribution of property tax differential.
296          (1) (a) The authority may:
297          (i) subject to Subsections (1)(b), (c), and (d), receive up to 100% of the property tax
298     differential for a period ending up to 25 years after a certificate of occupancy is issued with
299     respect to improvements on a parcel, as determined by the board and as provided in this part;
300     and
301          (ii) use the property tax differential during and after the period described in Subsection
302     (1)(a)(i).
303          (b) With respect to a parcel located within a project area, the 25-year period described
304     in Subsection (1)(a)(i) begins on the day on which the authority receives the first property tax

305     differential from that parcel.
306          (c) The authority may not receive property tax differential from an area included within
307     a community reinvestment project area[, as defined in Section 17C-1-102,] under a community
308     reinvestment project area plan, as defined in Section 17C-1-102, adopted before March 1,
309     2018, from a taxing entity that has, before March 1, 2018, entered into a fully executed, legally
310     binding agreement under which the taxing entity agrees to the use of its tax increment, as
311     defined in Section 17C-1-102, under the community reinvestment project area plan.
312          (d) The authority shall pay to a community reinvestment agency 10% of the property
313     tax differential generated from land located within that community reinvestment agency, to be
314     used for affordable housing as provided in Section 17C-1-412.
315          (2) A county that collects property tax on property within a project area shall pay and
316     distribute to the authority the property tax differential that the authority is entitled to collect
317     under this title, in the manner and at the time provided in Section 59-2-1365.
318          (3) (a) The board shall determine by resolution when the entire project area or an
319     individual parcel within a project area is subject to property tax differential.
320          (b) The board shall amend the project area budget to reflect whether a parcel within a
321     project area is subject to property tax differential.
322          Section 4. Section 17-27a-403 is amended to read:
323          17-27a-403. Plan preparation.
324          (1) (a) The planning commission shall provide notice, as provided in Section
325     17-27a-203, of its intent to make a recommendation to the county legislative body for a general
326     plan or a comprehensive general plan amendment when the planning commission initiates the
327     process of preparing its recommendation.
328          (b) The planning commission shall make and recommend to the legislative body a
329     proposed general plan for:
330          (i) the unincorporated area within the county; or
331          (ii) if the planning commission is a planning commission for a mountainous planning
332     district, the mountainous planning district.
333          (c) (i) The plan may include planning for incorporated areas if, in the planning
334     commission's judgment, they are related to the planning of the unincorporated territory or of
335     the county as a whole.

336          (ii) Elements of the county plan that address incorporated areas are not an official plan
337     or part of a municipal plan for any municipality, unless it is recommended by the municipal
338     planning commission and adopted by the governing body of the municipality.
339          (iii) Notwithstanding Subsection (1)(c)(ii), if property is located in a mountainous
340     planning district, the plan for the mountainous planning district controls and precedes a
341     municipal plan, if any, to which the property would be subject.
342          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
343     and descriptive and explanatory matter, shall include the planning commission's
344     recommendations for the following plan elements:
345          (i) a land use element that:
346          (A) designates the long-term goals and the proposed extent, general distribution, and
347     location of land for housing, business, industry, agriculture, recreation, education, public
348     buildings and grounds, open space, and other categories of public and private uses of land as
349     appropriate; and
350          (B) may include a statement of the projections for and standards of population density
351     and building intensity recommended for the various land use categories covered by the plan;
352          (ii) a transportation and traffic circulation element consisting of the general location
353     and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
354     any other modes of transportation that the planning commission considers appropriate, all
355     correlated with the population projections and the proposed land use element of the general
356     plan;
357          (iii) a plan for the development of additional moderate income housing within the
358     unincorporated area of the county or the mountainous planning district, and a plan to provide a
359     realistic opportunity to meet the need for additional moderate income housing; and
360          (iv) before May 1, 2017, a resource management plan detailing the findings, objectives,
361     and policies required by Subsection 17-27a-401(3).
362          (b) In drafting the moderate income housing element, the planning commission:
363          (i) shall consider the Legislature's determination that counties should facilitate a
364     reasonable opportunity for a variety of housing, including moderate income housing:
365          (A) to meet the needs of people desiring to live there; and
366          (B) to allow persons with moderate incomes to benefit from and fully participate in all

367     aspects of neighborhood and community life; and
368          (ii) shall include an analysis of why the recommended means, techniques, or
369     combination of means and techniques provide a realistic opportunity for the development of
370     moderate income housing within the planning horizon, which means or techniques may include
371     a recommendation to:
372          (A) rezone for densities necessary to assure the production of moderate income
373     housing;
374          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
375     construction of moderate income housing;
376          (C) encourage the rehabilitation of existing uninhabitable housing stock into moderate
377     income housing;
378          (D) consider county general fund subsidies to waive construction related fees that are
379     otherwise generally imposed by the county;
380          (E) consider utilization of state or federal funds or tax incentives to promote the
381     construction of moderate income housing;
382          (F) consider utilization of programs offered by the Utah Housing Corporation within
383     that agency's funding capacity; and
384          (G) consider utilization of affordable housing programs administered by the
385     Department of Workforce Services.
386          (c) In drafting the land use element, the planning commission shall:
387          (i) identify and consider each agriculture protection area within the unincorporated area
388     of the county or mountainous planning district; and
389          (ii) avoid proposing a use of land within an agriculture protection area that is
390     inconsistent with or detrimental to the use of the land for agriculture.
391          (3) The proposed general plan may include:
392          (a) an environmental element that addresses:
393          (i) to the extent not covered by the county's resource management plan, the protection,
394     conservation, development, and use of natural resources, including the quality of air, forests,
395     soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources;
396     and
397          (ii) the reclamation of land, flood control, prevention and control of the pollution of

398     streams and other waters, regulation of the use of land on hillsides, stream channels and other
399     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
400     protection of watersheds and wetlands, and the mapping of known geologic hazards;
401          (b) a public services and facilities element showing general plans for sewage, water,
402     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
403     police and fire protection, and other public services;
404          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
405     programs for:
406          (i) historic preservation;
407          (ii) the diminution or elimination of [blight] a development impediment as defined in
408     Section 17C-1-102; and
409          (iii) redevelopment of land, including housing sites, business and industrial sites, and
410     public building sites;
411          (d) an economic element composed of appropriate studies and forecasts, as well as an
412     economic development plan, which may include review of existing and projected county
413     revenue and expenditures, revenue sources, identification of basic and secondary industry,
414     primary and secondary market areas, employment, and retail sales activity;
415          (e) recommendations for implementing all or any portion of the general plan, including
416     the use of land use ordinances, capital improvement plans, community development and
417     promotion, and any other appropriate action;
418          (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2) or
419     (3)(a)(i); and
420          (g) any other element the county considers appropriate.
421          Section 5. Section 17-50-303 is amended to read:
422          17-50-303. County may not give or lend credit -- County may borrow in
423     anticipation of revenues -- Assistance to nonprofit and private entities.
424          (1) A county may not give or lend its credit to or in aid of any person or corporation,
425     or, except as provided in Subsection (3), appropriate money in aid of any private enterprise.
426          (2) (a) A county may borrow money in anticipation of the collection of taxes and other
427     county revenues in the manner and subject to the conditions of Title 11, Chapter 14, Local
428     Government Bonding Act.

429          (b) A county may incur indebtedness under Subsection (2)(a) for any purpose for which
430     funds of the county may be expended.
431          (3) (a) A county may appropriate money to or provide nonmonetary assistance to a
432     nonprofit entity, or waive fees required to be paid by a nonprofit entity, if, in the judgment of
433     the county legislative body, the assistance contributes to the safety, health, prosperity, moral
434     well-being, peace, order, comfort, or convenience of county residents.
435          (b) A county may appropriate money to a nonprofit entity from the county's own funds
436     or from funds the county receives from the state or any other source.
437          (4) (a) As used in this Subsection (4):
438          (i) "Private enterprise" means a person that engages in an activity for profit.
439          (ii) "Project" means an activity engaged in by a private enterprise.
440          (b) A county may appropriate money in aid of a private enterprise project if:
441          (i) subject to Subsection (4)(c), the county receives value in return for the money
442     appropriated; and
443          (ii) in the judgment of the county legislative body, the private enterprise project
444     provides for the safety, health, prosperity, moral well-being, peace, order, comfort, or
445     convenience of the county residents.
446          (c) The county shall measure the net value received by the county for money
447     appropriated by the county to a private entity on a project-by-project basis over the life of the
448     project.
449          (d) (i) Before a county legislative body may appropriate funds in aid of a private
450     enterprise project under this Subsection (4), the county legislative body shall:
451          (A) adopt by ordinance criteria to determine what value, if any, the county will receive
452     in return for money appropriated under this Subsection (4);
453          (B) conduct a study as described in Subsection (4)(e) on the proposed appropriation
454     and private enterprise project; and
455          (C) post notice, subject to Subsection (4)(f), and hold a public hearing on the proposed
456     appropriation and the private enterprise project.
457          (ii) The county legislative body may consider an intangible benefit as a value received
458     by the county.
459          (e) (i) Before publishing or posting notice in accordance with Subsection (4)(f), the

460     county shall study:
461          (A) any value the county will receive in return for money or resources appropriated to a
462     private entity;
463          (B) the county's purpose for the appropriation, including an analysis of the way the
464     appropriation will be used to enhance the safety, health, prosperity, moral well-being, peace,
465     order, comfort, or convenience of the county residents; and
466          (C) whether the appropriation is necessary and appropriate to accomplish the
467     reasonable goals and objectives of the county in the area of economic development, job
468     creation, affordable housing, [blight] elimination of a development impediment, as defined in
469     Section 17C-1-102, job preservation, the preservation of historic structures, analyzing and
470     improving county government structure or property, or any other public purpose.
471          (ii) The county shall:
472          (A) prepare a written report of the results of the study; and
473          (B) make the report available to the public at least 14 days immediately prior to the
474     scheduled day of the public hearing described in Subsection (4)(d)(i)(C).
475          (f) The county shall publish notice of the public hearing required in Subsection
476     (4)(d)(i)(C):
477          (i) in a newspaper of general circulation at least 14 days before the date of the hearing
478     or, if there is no newspaper of general circulation, by posting notice in at least three
479     conspicuous places within the county for the same time period; and
480          (ii) on the Utah Public Notice Website created in Section 63F-1-701, at least 14 days
481     before the date of the hearing.
482          (g) (i) A person may appeal the decision of the county legislative body to appropriate
483     funds under this Subsection (4).
484          (ii) A person shall file an appeal with the district court within 30 days after the day on
485     which the legislative body adopts an ordinance or approves a budget to appropriate the funds.
486          (iii) A court shall:
487          (A) presume that an ordinance adopted or appropriation made under this Subsection (4)
488     is valid; and
489          (B) determine only whether the ordinance or appropriation is arbitrary, capricious, or
490     illegal.

491          (iv) A determination of illegality requires a determination that the decision or
492     ordinance violates a law, statute, or ordinance in effect at the time the decision was made or the
493     ordinance was adopted.
494          (v) The district court's review is limited to:
495          (A) a review of the criteria adopted by the county legislative body under Subsection
496     (4)(d)(i)(A);
497          (B) the record created by the county legislative body at the public hearing described in
498     Subsection (4)(d)(i)(C); and
499          (C) the record created by the county in preparation of the study and the study itself as
500     described in Subsection (4)(e).
501          (vi) If there is no record, the court may call witnesses and take evidence.
502          (h) This section applies only to an appropriation not otherwise approved in accordance
503     with Title 17, Chapter 36, Uniform Fiscal Procedures Act for Counties.
504          Section 6. Section 17C-1-102 is amended to read:
505          17C-1-102. Definitions.
506          As used in this title:
507          (1) "Active project area" means a project area that has not been dissolved in accordance
508     with Section 17C-1-702.
509          (2) "Adjusted tax increment" means the percentage of tax increment, if less than 100%,
510     that an agency is authorized to receive :
511          (a) for a pre-July 1, 1993, project area plan, under Section 17C-1-403, excluding tax
512     increment under Subsection 17C-1-403(3);
513          (b) for a post-June 30, 1993, project area plan, under Section 17C-1-404, excluding tax
514     increment under Section 17C-1-406;
515          (c) under a project area budget approved by a taxing entity committee; or
516          (d) under an interlocal agreement that authorizes the agency to receive a taxing entity's
517     tax increment.
518          (3) "Affordable housing" means housing owned or occupied by a low or moderate
519     income family, as determined by resolution of the agency.
520          (4) "Agency" or "community reinvestment agency" means a separate body corporate
521     and politic, created under Section 17C-1-201.5 or as a redevelopment agency or community

522     development and renewal agency under previous law:
523          (a) that is a political subdivision of the state;
524          (b) that is created to undertake or promote project area development as provided in this
525     title; and
526          (c) whose geographic boundaries are coterminous with:
527          (i) for an agency created by a county, the unincorporated area of the county; and
528          (ii) for an agency created by a municipality, the boundaries of the municipality.
529          (5) "Agency funds" means money that an agency collects or receives for agency
530     operations, implementing a project area plan, or other agency purposes, including:
531          (a) project area funds;
532          (b) income, proceeds, revenue, or property derived from or held in connection with the
533     agency's undertaking and implementation of project area development; or
534          (c) a contribution, loan, grant, or other financial assistance from any public or private
535     source.
536          (6) "Annual income" means the same as that term is defined in regulations of the
537     United States Department of Housing and Urban Development, 24 C.F.R. Sec. 5.609, as
538     amended or as superseded by replacement regulations.
539          (7) "Assessment roll" means the same as that term is defined in Section 59-2-102.
540          (8) "Base taxable value" means, unless otherwise adjusted in accordance with
541     provisions of this title, a property's taxable value as shown upon the assessment roll last
542     equalized during the base year.
543          (9) "Base year" means, except as provided in Subsection 17C-1-402(4)(c), the year
544     during which the assessment roll is last equalized:
545          (a) for a pre-July 1, 1993, urban renewal or economic development project area plan,
546     before the project area plan's effective date;
547          (b) for a post-June 30, 1993, urban renewal or economic development project area
548     plan, or a community reinvestment project area plan that is subject to a taxing entity
549     committee:
550          (i) before the date on which the taxing entity committee approves the project area
551     budget; or
552          (ii) if taxing entity committee approval is not required for the project area budget,

553     before the date on which the community legislative body adopts the project area plan;
554          (c) for a project on an inactive airport site, after the later of:
555          (i) the date on which the inactive airport site is sold for remediation and development;
556     or
557          (ii) the date on which the airport that operated on the inactive airport site ceased
558     operations; or
559          (d) for a community development project area plan or a community reinvestment
560     project area plan that is subject to an interlocal agreement, as described in the interlocal
561     agreement.
562          (10) "Basic levy" means the portion of a school district's tax levy constituting the
563     minimum basic levy under Section 59-2-902.
564          [(11) "Blight" or "blighted" means the condition of an area that meets the requirements
565     described in Subsection 17C-2-303(1) for an urban renewal project area or Section 17C-5-405
566     for a community reinvestment project area.]
567          [(12) "Blight hearing" means a public hearing regarding whether blight exists within a
568     proposed:]
569          [(a) urban renewal project area under Subsection 17C-2-102(1)(a)(i)(C) and Section
570     17C-2-302; or]
571          [(b) community reinvestment project area under Section 17C-5-405.]
572          [(13) "Blight study" means a study to determine whether blight exists within a survey
573     area as described in Section 17C-2-301 for an urban renewal project area or Section 17C-5-403
574     for a community reinvestment project area.]
575          [(14)] (11) "Board" means the governing body of an agency, as described in Section
576     17C-1-203.
577          [(15)] (12) "Budget hearing" means the public hearing on a proposed project area
578     budget required under Subsection 17C-2-201(2)(d) for an urban renewal project area budget,
579     Subsection 17C-3-201(2)(d) for an economic development project area budget, or Subsection
580     17C-5-302(2)(e) for a community reinvestment project area budget.
581          [(16)] (13) "Closed military base" means land within a former military base that the
582     Defense Base Closure and Realignment Commission has voted to close or realign when that
583     action has been sustained by the president of the United States and Congress.

584          [(17)] (14) "Combined incremental value" means the combined total of all incremental
585     values from all project areas, except project areas that contain some or all of a military
586     installation or inactive industrial site, within the agency's boundaries under project area plans
587     and project area budgets at the time that a project area budget for a new project area is being
588     considered.
589          [(18)] (15) "Community" means a county or municipality.
590          [(19)] (16) "Community development project area plan" means a project area plan
591     adopted under Chapter 4, Part 1, Community Development Project Area Plan.
592          [(20)] (17) "Community legislative body" means the legislative body of the community
593     that created the agency.
594          [(21)] (18) "Community reinvestment project area plan" means a project area plan
595     adopted under Chapter 5, Part 1, Community Reinvestment Project Area Plan.
596          [(22)] (19) "Contest" means to file a written complaint in the district court of the
597     county in which the agency is located.
598          (20) "Development impediment" means a condition of an area that meets the
599     requirements described in Section 17C-2-303 for an urban renewal project area or Section
600     17C-5-405 for a community reinvestment project area.
601          (21) "Development impediment hearing" means a public hearing regarding whether a
602     development impediment exists within a proposed:
603          (a) urban renewal project area under Subsection 17C-2-102(1)(a)(i)(C) and Section
604     17C-2-302; or
605          (b) community reinvestment project area under Section 17C-5-404.
606          (22) "Development impediment study" means a study to determine whether a
607     development impediment exists within a survey area as described in Section 17C-2-301 for an
608     urban renewal project area or Section 17C-5-403 for a community reinvestment project area.
609          (23) "Economic development project area plan" means a project area plan adopted
610     under Chapter 3, Part 1, Economic Development Project Area Plan.
611          (24) "Fair share ratio" means the ratio derived by:
612          (a) for a municipality, comparing the percentage of all housing units within the
613     municipality that are publicly subsidized income targeted housing units to the percentage of all
614     housing units within the county in which the municipality is located that are publicly

615     subsidized income targeted housing units; or
616          (b) for the unincorporated part of a county, comparing the percentage of all housing
617     units within the unincorporated county that are publicly subsidized income targeted housing
618     units to the percentage of all housing units within the whole county that are publicly subsidized
619     income targeted housing units.
620          (25) "Family" means the same as that term is defined in regulations of the United
621     States Department of Housing and Urban Development, 24 C.F.R. Section 5.403, as amended
622     or as superseded by replacement regulations.
623          (26) "Greenfield" means land not developed beyond agricultural, range, or forestry use.
624          (27) "Hazardous waste" means any substance defined, regulated, or listed as a
625     hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant,
626     or toxic substance, or identified as hazardous to human health or the environment, under state
627     or federal law or regulation.
628          (28) "Housing allocation" means project area funds allocated for housing under Section
629     17C-2-203, 17C-3-202, or 17C-5-307 for the purposes described in Section 17C-1-412.
630          (29) "Housing fund" means a fund created by an agency for purposes described in
631     Section 17C-1-411 or 17C-1-412 that is comprised of:
632          (a) project area funds allocated for the purposes described in Section 17C-1-411; or
633          (b) an agency's housing allocation.
634          (30) (a) "Inactive airport site" means land that:
635          (i) consists of at least 100 acres;
636          (ii) is occupied by an airport:
637          (A) (I) that is no longer in operation as an airport; or
638          (II) (Aa) that is scheduled to be decommissioned; and
639          (Bb) for which a replacement commercial service airport is under construction; and
640          (B) that is owned or was formerly owned and operated by a public entity; and
641          (iii) requires remediation because:
642          (A) of the presence of hazardous waste or solid waste; or
643          (B) the site lacks sufficient public infrastructure and facilities, including public roads,
644     electric service, water system, and sewer system, needed to support development of the site.
645          (b) "Inactive airport site" includes a perimeter of up to 2,500 feet around the land

646     described in Subsection (30)(a).
647          (31) (a) "Inactive industrial site" means land that:
648          (i) consists of at least 1,000 acres;
649          (ii) is occupied by an inactive or abandoned factory, smelter, or other heavy industrial
650     facility; and
651          (iii) requires remediation because of the presence of hazardous waste or solid waste.
652          (b) "Inactive industrial site" includes a perimeter of up to 1,500 feet around the land
653     described in Subsection (31)(a).
654          (32) "Income targeted housing" means housing that is owned or occupied by a family
655     whose annual income is at or below 80% of the median annual income for a family within the
656     county in which the housing is located.
657          (33) "Incremental value" means a figure derived by multiplying the marginal value of
658     the property located within a project area on which tax increment is collected by a number that
659     represents the adjusted tax increment from that project area that is paid to the agency.
660          (34) "Loan fund board" means the Olene Walker Housing Loan Fund Board,
661     established under Title 35A, Chapter 8, Part 5, Olene Walker Housing Loan Fund.
662          (35) (a) " Local government building" means a building owned and operated by a
663     community for the primary purpose of providing one or more primary community functions,
664     including:
665          (i) a fire station;
666          (ii) a police station;
667          (iii) a city hall; or
668          (iv) a court or other judicial building.
669          (b) " Local government building" does not include a building the primary purpose of
670     which is cultural or recreational in nature.
671          (36) "Marginal value" means the difference between actual taxable value and base
672     taxable value.
673          (37) "Military installation project area" means a project area or a portion of a project
674     area located within a federal military installation ordered closed by the federal Defense Base
675     Realignment and Closure Commission.
676          (38) "Municipality" means a city, town, or metro township as defined in Section

677     10-2a-403.
678          (39) "Participant" means one or more persons that enter into a participation agreement
679     with an agency.
680          (40) "Participation agreement" means a written agreement between a person and an
681     agency that:
682          (a) includes a description of:
683          (i) the project area development that the person will undertake;
684          (ii) the amount of project area funds the person may receive; and
685          (iii) the terms and conditions under which the person may receive project area funds;
686     and
687          (b) is approved by resolution of the board.
688          (41) "Plan hearing" means the public hearing on a proposed project area plan required
689     under Subsection 17C-2-102(1)(a)(vi) for an urban renewal project area plan, Subsection
690     17C-3-102(1)(d) for an economic development project area plan, Subsection 17C-4-102(1)(d)
691     for a community development project area plan, or Subsection 17C-5-104(3)(e) for a
692     community reinvestment project area plan.
693          (42) "Post-June 30, 1993, project area plan" means a project area plan adopted on or
694     after July 1, 1993, and before May 10, 2016, whether or not amended subsequent to the project
695     area plan's adoption.
696          (43) "Pre-July 1, 1993, project area plan" means a project area plan adopted before July
697     1, 1993, whether or not amended subsequent to the project area plan's adoption.
698          (44) "Private," with respect to real property, means property not owned by a public
699     entity or any other governmental entity.
700          (45) "Project area" means the geographic area described in a project area plan within
701     which the project area development described in the project area plan takes place or is
702     proposed to take place.
703          (46) "Project area budget" means a multiyear projection of annual or cumulative
704     revenues and expenses and other fiscal matters pertaining to a project area prepared in
705     accordance with:
706          (a) for an urban renewal project area, Section [17C-2-202] 17C-2-201;
707          (b) for an economic development project area, Section [17C-3-202] 17C-3-201;

708          (c) for a community development project area, Section 17C-4-204; or
709          (d) for a community reinvestment project area, Section 17C-5-302.
710          (47) "Project area development" means activity within a project area that, as
711     determined by the board, encourages, promotes, or provides development or redevelopment for
712     the purpose of implementing a project area plan, including:
713          (a) promoting, creating, or retaining public or private jobs within the state or a
714     community;
715          (b) providing office, manufacturing, warehousing, distribution, parking, or other
716     facilities or improvements;
717          (c) planning, designing, demolishing, clearing, constructing, rehabilitating, or
718     remediating environmental issues;
719          (d) providing residential, commercial, industrial, public, or other structures or spaces,
720     including recreational and other facilities incidental or appurtenant to the structures or spaces;
721          (e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating
722     existing structures;
723          (f) providing open space, including streets or other public grounds or space around
724     buildings;
725          (g) providing public or private buildings, infrastructure, structures, or improvements;
726          (h) relocating a business;
727          (i) improving public or private recreation areas or other public grounds;
728          (j) eliminating [blight] a development impediment or the causes of [blight] a
729     development impediment;
730          (k) redevelopment as defined under the law in effect before May 1, 2006; or
731          (l) any activity described in this Subsection (47) outside of a project area that the board
732     determines to be a benefit to the project area.
733          (48) "Project area funds" means tax increment or sales and use tax revenue that an
734     agency receives under a project area budget adopted by a taxing entity committee or an
735     interlocal agreement.
736          (49) "Project area funds collection period" means the period of time that:
737          (a) begins the day on which the first payment of project area funds is distributed to an
738     agency under a project area budget approved by a taxing entity committee or an interlocal

739     agreement; and
740          (b) ends the day on which the last payment of project area funds is distributed to an
741     agency under a project area budget approved by a taxing entity committee or an interlocal
742     agreement.
743          (50) "Project area plan" means an urban renewal project area plan, an economic
744     development project area plan, a community development project area plan, or a community
745     reinvestment project area plan that, after the project area plan's effective date, guides and
746     controls the project area development.
747          (51) (a) "Property tax" means each levy on an ad valorem basis on tangible or
748     intangible personal or real property.
749          (b) "Property tax" includes a privilege tax imposed under Title 59, Chapter 4, Privilege
750     Tax.
751          (52) "Public entity" means:
752          (a) the United States, including an agency of the United States;
753          (b) the state, including any of the state's departments or agencies; or
754          (c) a political subdivision of the state, including a county, municipality, school district,
755     local district, special service district, community reinvestment agency, or interlocal cooperation
756     entity.
757          (53) "Publicly owned infrastructure and improvements" means water, sewer, storm
758     drainage, electrical, natural gas, telecommunication, or other similar systems and lines, streets,
759     roads, curb, gutter, sidewalk, walkways, parking facilities, public transportation facilities, or
760     other facilities, infrastructure, and improvements benefitting the public and to be publicly
761     owned or publicly maintained or operated.
762          (54) "Record property owner" or "record owner of property" means the owner of real
763     property, as shown on the records of the county in which the property is located, to whom the
764     property's tax notice is sent.
765          (55) "Sales and use tax revenue" means revenue that is:
766          (a) generated from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act;
767     and
768          (b) distributed to a taxing entity in accordance with Sections 59-12-204 and 59-12-205.
769          (56) "Superfund site":

770          (a) means an area included in the National Priorities List under the Comprehensive
771     Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9605; and
772          (b) includes an area formerly included in the National Priorities List, as described in
773     Subsection (56)(a), but removed from the list following remediation that leaves on site the
774     waste that caused the area to be included in the National Priorities List.
775          (57) "Survey area" means a geographic area designated for study by a survey area
776     resolution to determine whether:
777          (a) one or more project areas within the survey area are feasible; or
778          (b) [blight] a development impediment exists within the survey area.
779          (58) "Survey area resolution" means a resolution adopted by a board that designates a
780     survey area.
781          (59) "Taxable value" means:
782          (a) the taxable value of all real property a county assessor assesses in accordance with
783     Title 59, Chapter 2, Part 3, County Assessment, for the current year;
784          (b) the taxable value of all real and personal property the commission assesses in
785     accordance with Title 59, Chapter 2, Part 2, Assessment of Property, for the current year; and
786          (c) the year end taxable value of all personal property a county assessor assesses in
787     accordance with Title 59, Chapter 2, Part 3, County Assessment, contained on the prior year's
788     tax rolls of the taxing entity.
789          (60) (a) "Tax increment" means the difference between:
790          (i) the amount of property tax revenue generated each tax year by a taxing entity from
791     the area within a project area designated in the project area plan as the area from which tax
792     increment is to be collected, using the current assessed value of the property; and
793          (ii) the amount of property tax revenue that would be generated from that same area
794     using the base taxable value of the property.
795          (b) "Tax increment" does not include taxes levied and collected under Section
796     59-2-1602 on or after January 1, 1994, upon the taxable property in the project area unless:
797          (i) the project area plan was adopted before May 4, 1993, whether or not the project
798     area plan was subsequently amended; and
799          (ii) the taxes were pledged to support bond indebtedness or other contractual
800     obligations of the agency.

801          (61) "Taxing entity" means a public entity that:
802          (a) levies a tax on property located within a project area; or
803          (b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act.
804          (62) "Taxing entity committee" means a committee representing the interests of taxing
805     entities, created in accordance with Section 17C-1-402.
806          (63) "Unincorporated" means not within a municipality.
807          (64) "Urban renewal project area plan" means a project area plan adopted under
808     Chapter 2, Part 1, Urban Renewal Project Area Plan.
809          Section 7. Section 17C-1-207 is amended to read:
810          17C-1-207. Public entities may assist with project area development.
811          (1) In order to assist and cooperate in the planning, undertaking, construction, or
812     operation of project area development within an area in which the public entity is authorized to
813     act, a public entity may:
814          (a) (i) provide or cause to be furnished:
815          (A) parks, playgrounds, or other recreational facilities;
816          (B) community, educational, water, sewer, or drainage facilities; or
817          (C) any other works which the public entity is otherwise empowered to undertake;
818          (ii) provide, furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or
819     replan streets, roads, roadways, alleys, sidewalks, or other places;
820          (iii) in any part of the project area:
821          (A) (I) plan or replan any property within the project area;
822          (II) plat or replat any property within the project area;
823          (III) vacate a plat;
824          (IV) amend a plat; or
825          (V) zone or rezone any property within the project area; and
826          (B) make any legal exceptions from building regulations and ordinances;
827          (iv) purchase or legally invest in any of the bonds of an agency and exercise all of the
828     rights of any holder of the bonds;
829          (v) notwithstanding any law to the contrary, enter into an agreement for a period of
830     time with another public entity concerning action to be taken pursuant to any of the powers
831     granted in this title;

832          (vi) do anything necessary to aid or cooperate in the planning or implementation of the
833     project area development;
834          (vii) in connection with the project area plan, become obligated to the extent
835     authorized and funds have been made available to make required improvements or construct
836     required structures; and
837          (viii) lend, grant, or contribute funds to an agency for project area development or
838     proposed project area development, including assigning revenue or taxes in support of an
839     agency bond or obligation; and
840          (b) for less than fair market value or for no consideration, and subject to Subsection
841     (3):
842          (i) purchase or otherwise acquire property from an agency;
843          (ii) lease property from an agency;
844          (iii) sell, grant, convey, donate, or otherwise dispose of the public entity's property to
845     an agency; or
846          (iv) lease the public entity's property to an agency.
847          (2) The following are not subject to [Sections] Section 10-8-2 [or], 17-50-312, or
848     17-50-303:
849          (a) project area development assistance that a public entity provides under this section;
850     or
851          (b) a transfer of funds or property from an agency to a public entity.
852          (3) A public entity may provide assistance described in Subsection (1)(b) no sooner
853     than 15 days after the day on which the public entity posts notice of the assistance on:
854          (a) the Utah Public Notice Website described in Section 63F-1-701; and
855          (b) the public entity's public website.
856          Section 8. Section 17C-1-402 is amended to read:
857          17C-1-402. Taxing entity committee.
858          (1) The provisions of this section apply to a taxing entity committee that is created by
859     an agency for:
860          (a) a post-June 30, 1993, urban renewal project area plan or economic development
861     project area plan;
862          (b) any other project area plan adopted before May 10, 2016, for which the agency

863     created a taxing entity committee; and
864          (c) a community reinvestment project area plan adopted before May 14, 2019, that is
865     subject to a taxing entity committee.
866          (2) (a) (i) Each taxing entity committee shall be composed of:
867          (A) two school district representatives appointed in accordance with Subsection
868     (2)(a)(ii);
869          (B) (I) in a county of the second, third, fourth, fifth, or sixth class, two representatives
870     appointed by resolution of the legislative body of the county in which the agency is located; or
871          (II) in a county of the first class, one representative appointed by the county executive
872     and one representative appointed by the legislative body of the county in which the agency is
873     located;
874          (C) if the agency is created by a municipality, two representatives appointed by
875     resolution of the legislative body of the municipality;
876          (D) one representative appointed by the State Board of Education; and
877          (E) one representative selected by majority vote of the legislative bodies or governing
878     boards of all other taxing entities that levy a tax on property within the agency's boundaries, to
879     represent the interests of those taxing entities on the taxing entity committee.
880          (ii) (A) If the agency boundaries include only one school district, that school district
881     shall appoint the two school district representatives under Subsection (2)(a)(i)(A).
882          (B) If the agency boundaries include more than one school district, those school
883     districts shall jointly appoint the two school district representatives under Subsection
884     (2)(a)(i)(A).
885          (b) (i) Each taxing entity committee representative described in Subsection (2)(a) shall
886     be appointed within 30 days after the day on which the agency provides notice of the creation
887     of the taxing entity committee.
888          (ii) If a representative is not appointed within the time required under Subsection
889     (2)(b)(i), the board may appoint an individual to serve on the taxing entity committee in the
890     place of the missing representative until that representative is appointed.
891          (c) (i) A taxing entity committee representative may be appointed for a set term or
892     period of time, as determined by the appointing authority under Subsection (2)(a)(i).
893          (ii) Each taxing entity committee representative shall serve until a successor is

894     appointed and qualified.
895          (d) (i) Upon the appointment of each representative under Subsection (2)(a)(i), whether
896     an initial appointment or an appointment to replace an already serving representative, the
897     appointing authority shall:
898          (A) notify the agency in writing of the name and address of the newly appointed
899     representative; and
900          (B) provide the agency a copy of the resolution making the appointment or, if the
901     appointment is not made by resolution, other evidence of the appointment.
902          (ii) Each appointing authority of a taxing entity committee representative under
903     Subsection (2)(a)(i) shall notify the agency in writing of any change of address of a
904     representative appointed by that appointing authority.
905          (3) At a taxing entity committee's first meeting, the taxing entity committee shall adopt
906     an organizing resolution that:
907          (a) designates a chair and a secretary of the taxing entity committee; and
908          (b) if the taxing entity committee considers it appropriate, governs the use of electronic
909     meetings under Section 52-4-207.
910          (4) (a) A taxing entity committee represents all taxing entities regarding:
911          (i) an urban renewal project area plan;
912          (ii) an economic development project area plan; or
913          (iii) a community reinvestment project area plan that is subject to a taxing entity
914     committee.
915          (b) A taxing entity committee may:
916          (i) cast votes that are binding on all taxing entities;
917          (ii) negotiate with the agency concerning a proposed project area plan;
918          (iii) approve or disapprove:
919          (A) an urban renewal project area budget as described in Section 17C-2-204;
920          (B) an economic development project area budget as described in Section 17C-3-203;
921     or
922          (C) for a community reinvestment project area plan that is subject to a taxing entity
923     committee, a community reinvestment project area budget as described in Section 17C-5-302;
924          (iv) approve or disapprove an amendment to a project area budget as described in

925     Section 17C-2-206, 17C-3-205, or 17C-5-306;
926          (v) approve an exception to the limits on the value and size of a project area imposed
927     under this title;
928          (vi) approve:
929          (A) an exception to the percentage of tax increment to be paid to the agency;
930          (B) except for a project area funds collection period that is approved by an interlocal
931     agreement, each project area funds collection period; and
932          (C) an exception to the requirement for an urban renewal project area budget, an
933     economic development project area budget, or a community reinvestment project area budget
934     to include a maximum cumulative dollar amount of tax increment that the agency may receive;
935          (vii) approve the use of tax increment for publicly owned infrastructure and
936     improvements outside of a project area that the agency and community legislative body
937     determine to be of benefit to the project area, as described in Subsection
938     17C-1-409(1)(a)(iii)(D);
939          (viii) waive the restrictions described in Subsection 17C-2-202(1);
940          (ix) subject to Subsection (4)(c), designate the base taxable value for a project area
941     budget; and
942          (x) give other taxing entity committee approval or consent required or allowed under
943     this title.
944          (c) (i) Except as provided in Subsection (4)(c)(ii), the base year may not be a year that
945     is earlier than five years before the beginning of a project area funds collection period.
946          (ii) The taxing entity committee may approve a base year that is earlier than the year
947     described in Subsection (4)(c)(i).
948          (5) A quorum of a taxing entity committee consists of:
949          (a) if the project area is located within a municipality, five members; or
950          (b) if the project area is not located within a municipality, four members.
951          (6) Taxing entity committee approval, consent, or other action requires:
952          (a) the affirmative vote of a majority of all members present at a taxing entity
953     committee meeting:
954          (i) at which a quorum is present; and
955          (ii) considering an action relating to a project area budget for, or approval of a [finding

956     of blight] development impediment determination within, a project area or proposed project
957     area that contains:
958          (A) an inactive industrial site;
959          (B) an inactive airport site; or
960          (C) a closed military base; or
961          (b) for any other action not described in Subsection (6)(a)(ii), the affirmative vote of
962     two-thirds of all members present at a taxing entity committee meeting at which a quorum is
963     present.
964          (7) (a) An agency may call a meeting of the taxing entity committee by sending written
965     notice to the members of the taxing entity committee at least 10 days before the date of the
966     meeting.
967          (b) Each notice under Subsection (7)(a) shall be accompanied by:
968          (i) the proposed agenda for the taxing entity committee meeting; and
969          (ii) if not previously provided and if the documents exist and are to be considered at
970     the meeting:
971          (A) the project area plan or proposed project area plan;
972          (B) the project area budget or proposed project area budget;
973          (C) the analysis required under Subsection 17C-2-103(2), 17C-3-103(2), or
974     17C-5-105(12);
975          (D) the [blight] development impediment study;
976          (E) the agency's resolution making a [finding of blight] development impediment
977     determination under Subsection 17C-2-102(1)(a)(ii)(B) or [Subsection] 17C-5-402(2)(c)(ii);
978     and
979          (F) other documents to be considered by the taxing entity committee at the meeting.
980          (c) (i) An agency may not schedule a taxing entity committee meeting on a day on
981     which the Legislature is in session.
982          (ii) Notwithstanding Subsection (7)(c)(i), a taxing entity committee may, by unanimous
983     consent, waive the scheduling restriction described in Subsection (7)(c)(i).
984          (8) (a) A taxing entity committee may not vote on a proposed project area budget or
985     proposed amendment to a project area budget at the first meeting at which the proposed project
986     area budget or amendment is considered unless all members of the taxing entity committee

987     present at the meeting consent.
988          (b) A second taxing entity committee meeting to consider a proposed project area
989     budget or a proposed amendment to a project area budget may not be held within 14 days after
990     the first meeting unless all members of the taxing entity committee present at the first meeting
991     consent.
992          (9) Each taxing entity committee shall be governed by Title 52, Chapter 4, Open and
993     Public Meetings Act.
994          (10) A taxing entity committee's records shall be:
995          (a) considered the records of the agency that created the taxing entity committee; and
996          (b) maintained by the agency in accordance with Section 17C-1-209.
997          (11) Each time a school district representative or a representative of the State Board of
998     Education votes as a member of a taxing entity committee to allow an agency to receive tax
999     increment, to increase the amount of tax increment the agency receives, or to extend a project
1000     area funds collection period, that representative shall, within 45 days after the vote, provide to
1001     the representative's respective school board an explanation in writing of the representative's
1002     vote and the reasons for the vote.
1003          (12) (a) The auditor of each county in which an agency is located shall provide a
1004     written report to the taxing entity committee stating, with respect to property within each
1005     project area:
1006          (i) the base taxable value, as adjusted by any adjustments under Section 17C-1-408;
1007     and
1008          (ii) the assessed value.
1009          (b) With respect to the information required under Subsection (12)(a), the auditor shall
1010     provide:
1011          (i) actual amounts for each year from the adoption of the project area plan to the time
1012     of the report; and
1013          (ii) estimated amounts for each year beginning the year after the time of the report and
1014     ending the time that each project area funds collection period ends.
1015          (c) The auditor of the county in which the agency is located shall provide a report
1016     under this Subsection (12):
1017          (i) at least annually; and

1018          (ii) upon request of the taxing entity committee, before a taxing entity committee
1019     meeting at which the committee considers whether to allow the agency to receive tax
1020     increment, to increase the amount of tax increment that the agency receives, or to extend a
1021     project area funds collection period.
1022          (13) This section does not apply to:
1023          (a) a community development project area plan; or
1024          (b) a community reinvestment project area plan that is subject to an interlocal
1025     agreement.
1026          (14) (a) A taxing entity committee resolution approving a [blight finding] development
1027     impediment determination, approving a project area budget, or approving an amendment to a
1028     project area budget:
1029          (i) is final; and
1030          (ii) is not subject to repeal, amendment, or reconsideration unless the agency first
1031     consents by resolution to the proposed repeal, amendment, or reconsideration.
1032          (b) The provisions of Subsection (14)(a) apply regardless of when the resolution is
1033     adopted.
1034          Section 9. Section 17C-1-407 is amended to read:
1035          17C-1-407. Limitations on tax increment.
1036          (1) (a) If the development of retail sales of goods is the primary objective of an urban
1037     renewal project area, tax increment from the urban renewal project area may not be paid to or
1038     used by an agency unless the agency makes a [finding of blight is made] development
1039     impediment determination under Chapter 2, Part 3, [Blight] Development Impediment
1040     Determination in Urban Renewal Project Areas.
1041          (b) Development of retail sales of goods does not disqualify an agency from receiving
1042     tax increment.
1043          (c) After July 1, 2005, an agency may not receive or use tax increment generated from
1044     the value of property within an economic development project area that is attributable to the
1045     development of retail sales of goods, unless the tax increment was previously pledged to pay
1046     for bonds or other contractual obligations of the agency.
1047          (2) (a) An agency may not be paid any portion of a taxing entity's taxes resulting from
1048     an increase in the taxing entity's tax rate that occurs after the taxing entity committee approves

1049     the project area budget unless, at the time the taxing entity committee approves the project area
1050     budget, the taxing entity committee approves payment of those increased taxes to the agency.
1051          (b) If the taxing entity committee does not approve payment of the increased taxes to
1052     the agency under Subsection (2)(a), the county shall distribute to the taxing entity the taxes
1053     attributable to the tax rate increase in the same manner as other property taxes.
1054          (c) Notwithstanding any other provision of this section, if, before tax year 2013,
1055     increased taxes are paid to an agency without the approval of the taxing entity committee, and
1056     notwithstanding the law at the time that the tax was collected or increased:
1057          (i) the State Tax Commission, the county as the collector of the taxes, a taxing entity,
1058     or any other person or entity may not recover, directly or indirectly, the increased taxes from
1059     the agency by adjustment of a tax rate used to calculate tax increment or otherwise;
1060          (ii) the county is not liable to a taxing entity or any other person or entity for the
1061     increased taxes that were paid to the agency; and
1062          (iii) tax increment, including the increased taxes, shall continue to be paid to the
1063     agency subject to the same number of tax years, percentage of tax increment, and cumulative
1064     dollar amount of tax increment as approved in the project area budget and previously paid to
1065     the agency.
1066          (3) Except as the taxing entity committee otherwise agrees, an agency may not receive
1067     tax increment under an urban renewal or economic development project area budget adopted
1068     on or after March 30, 2009:
1069          (a) that exceeds the percentage of tax increment or cumulative dollar amount of tax
1070     increment specified in the project area budget; or
1071          (b) for more tax years than specified in the project area budget.
1072          Section 10. Section 17C-1-409 is amended to read:
1073          17C-1-409. Allowable uses of agency funds.
1074          (1) (a) An agency may use agency funds:
1075          (i) for any purpose authorized under this title;
1076          (ii) for administrative, overhead, legal, or other operating expenses of the agency,
1077     including consultant fees and expenses under Subsection 17C-2-102(1)(b)(ii)(B) or funding for
1078     a business resource center;
1079          (iii) to pay for, including financing or refinancing, all or part of:

1080          (A) project area development in a project area, including environmental remediation
1081     activities occurring before or after adoption of the project area plan;
1082          (B) housing-related expenditures, projects, or programs as described in Section
1083     17C-1-411 or 17C-1-412;
1084          (C) an incentive or other consideration paid to a participant under a participation
1085     agreement;
1086          (D) subject to Subsections (1)(c) and (4), the value of the land for and the cost of the
1087     installation and construction of any publicly owned building, facility, structure, landscaping, or
1088     other improvement within the project area from which the project area funds are collected; or
1089          (E) the cost of the installation of publicly owned infrastructure and improvements
1090     outside the project area from which the project area funds are collected if the board and the
1091     community legislative body determine by resolution that the publicly owned infrastructure and
1092     improvements benefit the project area;
1093          (iv) in an urban renewal project area that includes some or all of an inactive industrial
1094     site and subject to Subsection (1)(e), to reimburse the Department of Transportation created
1095     under Section 72-1-201, or a public transit district created under Title 17B, Chapter 2a, Part 8,
1096     Public Transit District Act, for the cost of:
1097          (A) construction of a public road, bridge, or overpass;
1098          (B) relocation of a railroad track within the urban renewal project area; or
1099          (C) relocation of a railroad facility within the urban renewal project area; or
1100          (v) subject to Subsection (5), to transfer funds to a community that created the agency.
1101          (b) The determination of the board and the community legislative body under
1102     Subsection (1)(a)(iii)(E) regarding benefit to the project area shall be final and conclusive.
1103          (c) An agency may not use project area funds received from a taxing entity for the
1104     purposes stated in Subsection (1)(a)(iii)(D) under an urban renewal project area plan, an
1105     economic development project area plan, or a community reinvestment project area plan
1106     without the community legislative body's consent.
1107          (d) (i) Subject to Subsection (1)(d)(ii), an agency may loan project area funds from a
1108     project area fund to another project area fund if:
1109          (A) the board approves; and
1110          (B) the community legislative body approves.

1111          (ii) An agency may not loan project area funds under Subsection (1)(d)(i) unless the
1112     projections for agency funds are sufficient to repay the loan amount.
1113          (iii) A loan described in Subsection (1)(d) is not subject to Title 10, Chapter 5,
1114     Uniform Fiscal Procedures Act for Utah Towns, Title 10, Chapter 6, Uniform Fiscal
1115     Procedures Act for Utah Cities, Title 17, Chapter 36, Uniform Fiscal Procedures Act for
1116     Counties, or Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts.
1117          (e) Before an agency may pay any tax increment or sales tax revenue under Subsection
1118     (1)(a)(iv), the agency shall enter into an interlocal agreement defining the terms of the
1119     reimbursement with:
1120          (i) the Department of Transportation; or
1121          (ii) a public transit district.
1122          (2) (a) Sales and use tax revenue that an agency receives from a taxing entity is not
1123     subject to the prohibition or limitations of Title 11, Chapter 41, Prohibition on Sales and Use
1124     Tax Incentive Payments Act.
1125          (b) An agency may use sales and use tax revenue that the agency receives under an
1126     interlocal agreement under Section 17C-4-201 or 17C-5-204 for the uses authorized in the
1127     interlocal agreement.
1128          (3) (a) An agency may contract with the community that created the agency or another
1129     public entity to use agency funds to reimburse the cost of items authorized by this title to be
1130     paid by the agency that are paid by the community or other public entity.
1131          (b) If land is acquired or the cost of an improvement is paid by another public entity
1132     and the land or improvement is leased to the community, an agency may contract with and
1133     make reimbursement from agency funds to the community.
1134          (4) Notwithstanding any other provision of this title, an agency may not use project
1135     area funds to construct a local government building unless the taxing entity committee or each
1136     taxing entity party to an interlocal agreement with the agency consents.
1137          (5) For the purpose of offsetting the community's annual local contribution to the
1138     Homeless Shelter Cities Mitigation Restricted Account, the total amount an agency transfers in
1139     a calendar year to a community under Subsections (1)(a)(v), 17C-1-411(1)(d), and 17C-1-412
1140     [(1)] (3)(a)(x) may not exceed the community's annual local contribution as defined in Section
1141     35A-8-606.

1142          Section 11. Section 17C-1-412 is amended to read:
1143          17C-1-412. Use of housing allocation -- Separate accounting required -- Issuance
1144     of bonds for housing -- Action to compel agency to provide housing allocation.
1145          (1) (a) An agency shall use the agency's housing allocation[, if applicable,] to:
1146          (i) pay part or all of the cost of land or construction of income targeted housing within
1147     the boundary of the agency, if practicable in a mixed income development or area;
1148          (ii) pay part or all of the cost of rehabilitation of income targeted housing within the
1149     boundary of the agency;
1150          (iii) lend, grant, or contribute money to a person, public entity, housing authority,
1151     private entity or business, or nonprofit corporation for income targeted housing within the
1152     boundary of the agency;
1153          (iv) plan or otherwise promote income targeted housing within the boundary of the
1154     agency;
1155          (v) pay part or all of the cost of land or installation, construction, or rehabilitation of
1156     any building, facility, structure, or other housing improvement, including infrastructure
1157     improvements, related to housing located in a project area where [blight has been found to
1158     exist] a board has determined that a development impediment exists;
1159          (vi) replace housing units lost as a result of the project area development;
1160          (vii) make payments on or establish a reserve fund for bonds:
1161          (A) issued by the agency, the community, or the housing authority that provides
1162     income targeted housing within the community; and
1163          (B) all or part of the proceeds of which are used within the community for the purposes
1164     stated in Subsection (1)(a)(i), (ii), (iii), (iv), (v), or (vi);
1165          (viii) if the community's fair share ratio at the time of the first adoption of the project
1166     area budget is at least 1.1 to 1.0, make payments on bonds:
1167          (A) that were previously issued by the agency, the community, or the housing authority
1168     that provides income targeted housing within the community; and
1169          (B) all or part of the proceeds of which were used within the community for the
1170     purposes stated in Subsection (1)(a)(i), (ii), (iii), (iv), (v), or (vi);
1171          (ix) relocate mobile home park residents displaced by project area development; or
1172          (x) subject to Subsection (6), transfer funds to a community that created the agency.

1173          (b) As an alternative to the requirements of Subsection (1)(a), an agency may pay all or
1174     any portion of the agency's housing allocation to:
1175          (i) the community for use as described in Subsection (1)(a);
1176          (ii) a housing authority that provides income targeted housing within the community
1177     for use in providing income targeted housing within the community;
1178          (iii) a housing authority established by the county in which the agency is located for
1179     providing:
1180          (A) income targeted housing within the county;
1181          (B) permanent housing, permanent supportive housing, or a transitional facility, as
1182     defined in Section 35A-5-302, within the county; or
1183          (C) homeless assistance within the county; or
1184          (iv) the Olene Walker Housing Loan Fund, established under Title 35A, Chapter 8,
1185     Part 5, Olene Walker Housing Loan Fund, for use in providing income targeted housing within
1186     the community.
1187          (2) The agency shall create a housing fund and separately account for the agency's
1188     housing allocation, together with all interest earned by the housing allocation and all payments
1189     or repayments for loans, advances, or grants from the housing allocation.
1190          (3) An agency may:
1191          (a) issue bonds to finance a housing-related project under this section, including the
1192     payment of principal and interest upon advances for surveys and plans or preliminary loans;
1193     and
1194          (b) issue refunding bonds for the payment or retirement of bonds under Subsection
1195     (3)(a) previously issued by the agency.
1196          (4) (a) Except as provided in Subsection (4)(b), an agency shall allocate money to the
1197     housing fund each year in which the agency receives sufficient tax increment to make a
1198     housing allocation required by the project area budget.
1199          (b) Subsection (4)(a) does not apply in a year in which tax increment is insufficient.
1200          (5) (a) Except as provided in Subsection (4)(b), if an agency fails to provide a housing
1201     allocation in accordance with the project area budget and[, if applicable,] the housing plan
1202     adopted under Subsection 17C-2-204(2), the loan fund board may bring legal action to compel
1203     the agency to provide the housing allocation.

1204          (b) In an action under Subsection (5)(a), the court:
1205          (i) shall award the loan fund board reasonable attorney fees, unless the court finds that
1206     the action was frivolous; and
1207          (ii) may not award the agency the agency's attorney fees, unless the court finds that the
1208     action was frivolous.
1209          (6) For the purpose of offsetting the community's annual local contribution to the
1210     Homeless Shelter Cities Mitigation Restricted Account, the total amount an agency transfers in
1211     a calendar year to a community under Subsections (1)(a)(x), 17C-1-409(1)(a)(v), and
1212     17C-1-411(1)(d) may not exceed the community's annual local contribution as defined in
1213     Section 35A-8-606.
1214          Section 12. Section 17C-1-802 is amended to read:
1215          17C-1-802. Combining hearings.
1216          A board may combine any combination of a [blight] development impediment hearing,
1217     a plan hearing, and a budget hearing.
1218          Section 13. Section 17C-1-803 is amended to read:
1219          17C-1-803. Continuing a hearing.
1220          Subject to Section 17C-1-804, the board may continue:
1221          (1) a [blight] development impediment hearing;
1222          (2) a plan hearing;
1223          (3) a budget hearing; or
1224          (4) a combined hearing under Section 17C-1-802.
1225          Section 14. Section 17C-1-804 is amended to read:
1226          17C-1-804. Notice required for continued hearing.
1227          The board shall give notice of a hearing continued under Section [17C-1-802]
1228     17C-1-803 by announcing at the hearing:
1229          (1) the date, time, and place the hearing will be resumed; or
1230          (2) (a) that the hearing is being continued to a later time; and
1231          (b) that the board will cause a notice of the continued hearing to be published on the
1232     Utah Public Notice Website created in Section 63F-1-701, at least seven days before the day on
1233     which the hearing is scheduled to resume.
1234          Section 15. Section 17C-1-805 is amended to read:

1235          17C-1-805. Agency to provide notice of hearings.
1236          (1) Each agency shall provide notice, in accordance with this part, of each:
1237          (a) [blight] development impediment hearing;
1238          (b) plan hearing; or
1239          (c) budget hearing.
1240          (2) The notice required under Subsection (1) may be combined with the notice required
1241     for any of the other hearings if the hearings are combined under Section 17C-1-802.
1242          Section 16. Section 17C-1-807 is amended to read:
1243          17C-1-807. Additional requirements for notice of a development impediment
1244     hearing.
1245          Each notice under Section 17C-1-806 for a [blight] development impediment hearing
1246     shall also include:
1247          (1) a statement that:
1248          (a) a project area is being proposed;
1249          (b) the proposed project area may be [declared] determined to have [blight] a
1250     development impediment;
1251          (c) the record owner of property within the proposed project area has the right to
1252     present evidence at the [blight] development impediment hearing contesting the existence of
1253     [blight] a development impediment;
1254          (d) except for a hearing continued under Section 17C-1-803, the agency will notify the
1255     record owner of property referred to in Subsection 17C-1-806(1)(b)(i) of each additional public
1256     hearing held by the agency concerning the proposed project area before the adoption of the
1257     project area plan; and
1258          (e) a person contesting the existence of [blight] a development impediment in the
1259     proposed project area may appear before the board and show cause why the proposed project
1260     area should not be designated as a project area; and
1261          (2) if the agency anticipates acquiring property in an urban renewal project area or a
1262     community reinvestment project area by eminent domain, a clear and plain statement that:
1263          (a) the project area plan may require the agency to use eminent domain; and
1264          (b) the proposed use of eminent domain will be discussed at the [blight] development
1265     impediment hearing.

1266          Section 17. Section 17C-1-902 is amended to read:
1267          17C-1-902. Use of eminent domain -- Conditions.
1268          (1) Except as provided in Subsection (2), an agency may not use eminent domain to
1269     acquire property.
1270          (2) Subject to the provisions of this part, an agency may, in accordance with Title 78B,
1271     Chapter 6, Part 5, Eminent Domain, use eminent domain to acquire an interest in property:
1272          (a) within an urban renewal project area if:
1273          (i) the board makes a [finding of blight] development impediment determination under
1274     Chapter 2, Part 3, [Blight] Development Impediment Determination in Urban Renewal Project
1275     Areas; and
1276          (ii) the urban renewal project area plan provides for the use of eminent domain;
1277          (b) that is owned by an agency board member or officer and located within a project
1278     area, if the board member or officer consents;
1279          (c) within a community reinvestment project area if:
1280          (i) the board makes a [finding of blight in accordance with] development impediment
1281     determination under Chapter 5, Part 4, [Blight] Development Impediment Determination in a
1282     Community Reinvestment Project Area;
1283          (ii) (A) the original community reinvestment project area plan provides for the use of
1284     eminent domain; or
1285          (B) the community reinvestment project area plan is amended in accordance with
1286     Subsection 17C-5-112(4); and
1287          (iii) the agency creates a taxing entity committee in accordance with Section
1288     17C-1-402;
1289          (d) that:
1290          (i) is owned by a participant or a property owner that is entitled to receive tax
1291     increment or other assistance from the agency;
1292          (ii) is within a project area, regardless of when the project area is created, for which the
1293     [agency made a finding of blight under Section 17C-2-102 or 17C-5-405] board made a
1294     development impediment determination under Chapter 2, Part 3, Development Impediment
1295     Determination in Urban Renewal Project Areas, or Chapter 5, Part 4, Development Impediment
1296     Determination in a Community Reinvestment Project Area; and

1297          (iii) (A) the participant or property owner described in Subsection (2)(d)(i) fails to
1298     develop or improve in accordance with the participation agreement or the project area plan; or
1299          (B) for a period of 36 months does not generate the amount of tax increment that the
1300     agency projected to receive under the project area budget; or
1301          (e) if a property owner requests in writing that the agency exercise eminent domain to
1302     acquire the property owner's property within a project area.
1303          (3) An agency shall, in accordance with the provisions of this part, commence the
1304     acquisition of property described in Subsections (2)(a) through (c) by adopting a resolution
1305     authorizing eminent domain within five years after the day on which the project area plan is
1306     effective.
1307          Section 18. Section 17C-2-101.5 is amended to read:
1308          17C-2-101.5. Resolution designating survey area -- Request to adopt resolution.
1309          (1) A board may begin the process of adopting an urban renewal project area plan by
1310     adopting a resolution that:
1311          (a) designates an area located within the agency's boundaries as a survey area;
1312          (b) contains a statement that the survey area requires study to determine whether:
1313          (i) one or more urban renewal project areas within the survey area are feasible; and
1314          (ii) [blight] a development impediment exists within the survey area; and
1315          (c) contains a boundary description or map of the survey area.
1316          (2) (a) Any person or any group, association, corporation, or other entity may submit a
1317     written request to the board to adopt a resolution under Subsection (1).
1318          (b) A request under Subsection (2)(a) may include plans showing the project area
1319     development proposed for an area within the agency's boundaries.
1320          (c) The board may, in the board's sole discretion, grant or deny a request under
1321     Subsection (2)(a).
1322          Section 19. Section 17C-2-102 is amended to read:
1323          17C-2-102. Process for adopting urban renewal project area plan -- Prerequisites
1324     -- Restrictions.
1325          (1) (a) In order to adopt an urban renewal project area plan, after adopting a resolution
1326     under Subsection 17C-2-101.5(1) the agency shall:
1327          (i) unless a [finding of blight] development impediment determination is based on a

1328     [finding] determination made under Subsection 17C-2-303(1)(b) relating to an inactive
1329     industrial site or inactive airport site:
1330          (A) cause a [blight] development impediment study to be conducted within the survey
1331     area as provided in Section 17C-2-301;
1332          (B) provide notice of a [blight] development impediment hearing as required under
1333     Chapter 1, Part 8, Hearing and Notice Requirements; and
1334          (C) hold a [blight] development impediment hearing as described in Section
1335     17C-2-302;
1336          (ii) after the [blight] development impediment hearing has been held or, if no [blight]
1337     development impediment hearing is required under Subsection (1)(a)(i), after adopting a
1338     resolution under Subsection 17C-2-101.5(1), hold a board meeting at which the board shall:
1339          (A) consider:
1340          (I) [the issue of blight and] the evidence and information relating to the existence or
1341     nonexistence of [blight] a development impediment; and
1342          (II) whether adoption of one or more urban renewal project area plans should be
1343     pursued; and
1344          (B) by resolution:
1345          (I) make a [finding] determination regarding the existence of [blight] a development
1346     impediment in the proposed urban renewal project area;
1347          (II) select one or more project areas comprising part or all of the survey area; and
1348          (III) authorize the preparation of a proposed project area plan for each project area;
1349          (iii) prepare a proposed project area plan and conduct any examination, investigation,
1350     and negotiation regarding the project area plan that the agency considers appropriate;
1351          (iv) make the proposed project area plan available to the public at the agency's offices
1352     during normal business hours;
1353          (v) provide notice of the plan hearing in accordance with Sections 17C-1-806 and
1354     17C-1-808;
1355          (vi) hold a plan hearing on the proposed project area plan and, at the plan hearing:
1356          (A) allow public comment on:
1357          (I) the proposed project area plan; and
1358          (II) whether the proposed project area plan should be revised, approved, or rejected;

1359     and
1360          (B) receive all written and hear all oral objections to the proposed project area plan;
1361          (vii) before holding the plan hearing, provide an opportunity for the State Board of
1362     Education and each taxing entity that levies a tax on property within the proposed project area
1363     to consult with the agency regarding the proposed project area plan;
1364          (viii) if applicable, hold the election required under Subsection 17C-2-105(3);
1365          (ix) after holding the plan hearing, at the same meeting or at a subsequent meeting
1366     consider:
1367          (A) the oral and written objections to the proposed project area plan and evidence and
1368     testimony for and against adoption of the proposed project area plan; and
1369          (B) whether to revise, approve, or reject the proposed project area plan;
1370          (x) approve the proposed project area plan, with or without revisions, as the project
1371     area plan by a resolution that complies with Section 17C-2-106; and
1372          (xi) submit the project area plan to the community legislative body for adoption.
1373          (b) (i) If an agency makes a [finding] determination under Subsection (1)(a)(ii)(B) that
1374     [blight] a development impediment exists in the proposed urban renewal project area, the
1375     agency may not adopt the project area plan until the taxing entity committee approves the
1376     [finding of blight] development impediment determination.
1377          (ii) (A) A taxing entity committee may not disapprove an agency's [finding of blight]
1378     development impediment determination unless the committee demonstrates that the conditions
1379     the agency found to exist in the urban renewal project area that support the agency's [finding of
1380     blight] development impediment determination under Section 17C-2-303:
1381          (I) do not exist; or
1382          (II) do not constitute [blight] a development impediment.
1383          (B) (I) If the taxing entity committee questions or disputes the existence of some or all
1384     of the [blight] development impediment conditions that the agency [found] determined to exist
1385     in the urban renewal project area or that those conditions constitute [blight] a development
1386     impediment, the taxing entity committee may hire a consultant, mutually agreed upon by the
1387     taxing entity committee and the agency, with the necessary expertise to assist the taxing entity
1388     committee to make a determination as to the existence of the questioned or disputed [blight]
1389     development impediment conditions.

1390          (II) The agency shall pay the fees and expenses of each consultant hired under
1391     Subsection (1)(b)(ii)(B)(I).
1392          (III) The [findings] determination of a consultant under this Subsection (1)(b)(ii)(B)
1393     shall be binding on the taxing entity committee and the agency.
1394          (2) An agency may not propose a project area plan under Subsection (1) unless the
1395     community in which the proposed project area is located:
1396          (a) has a planning commission; and
1397          (b) has adopted a general plan under:
1398          (i) if the community is a municipality, Title 10, Chapter 9a, Part 4, General Plan; or
1399          (ii) if the community is a county, Title 17, Chapter 27a, Part 4, General Plan.
1400          (3) (a) Subject to Subsection (3)(b), a board may not approve a project area plan more
1401     than one year after adoption of a resolution making a [finding of blight] development
1402     impediment determination under Subsection (1)(a)(ii)(B).
1403          (b) If a project area plan is submitted to an election under Subsection 17C-2-105(3),
1404     the time between the plan hearing and the date of the election does not count for purposes of
1405     calculating the year period under Subsection (3)(a).
1406          (4) (a) Except as provided in Subsection (4)(b), a proposed project area plan may not
1407     be modified to add real property to the proposed project area unless the board holds a plan
1408     hearing to consider the addition and gives notice of the plan hearing as required under Sections
1409     17C-1-806 and 17C-1-808.
1410          (b) The notice and hearing requirements under Subsection (4)(a) do not apply to a
1411     proposed project area plan being modified to add real property to the proposed project area if:
1412          (i) the property is contiguous to the property already included in the proposed project
1413     area under the proposed project area plan;
1414          (ii) the record owner of the property consents to adding the real property to the
1415     proposed project area; and
1416          (iii) the property is located within the survey area.
1417          Section 20. Section 17C-2-103 is amended to read:
1418          17C-2-103. Urban renewal project area plan requirements.
1419          (1) [Each] An agency shall ensure that each urban renewal project area plan and
1420     proposed project area plan [shall]:

1421          (a) [describe] describes the boundaries of the project area, subject to Section
1422     17C-1-414, if applicable;
1423          (b) [contain] contains a general statement of the land uses, layout of principal streets,
1424     population densities, and building intensities of the project area and how they will be affected
1425     by the project area development;
1426          (c) [state] states the standards that will guide the project area development;
1427          (d) [show] shows how the purposes of this title will be attained by the project area
1428     development;
1429          (e) [be] is consistent with the general plan of the community in which the project area
1430     is located and show that the project area development will conform to the community's general
1431     plan;
1432          (f) [describe] describes how the project area development will reduce or eliminate
1433     [blight] a development impediment in the project area;
1434          (g) [describe] describes any specific project or projects that are the object of the
1435     proposed project area development;
1436          (h) [identify] identifies how a participant will be selected to undertake the project area
1437     development and identify each participant currently involved in the project area development;
1438          (i) [state] states the reasons for the selection of the project area;
1439          (j) [describe] describes the physical, social, and economic conditions existing in the
1440     project area;
1441          (k) [describe] describes any tax incentives offered private entities for facilities located
1442     in the project area;
1443          (l) [include] includes the analysis described in Subsection (2);
1444          (m) if any of the existing buildings or uses in the project area are included in or eligible
1445     for inclusion in the National Register of Historic Places or the State Register, [state] states that
1446     the agency shall comply with Section 9-8-404 as though the agency were a state agency; and
1447          (n) [include] includes other information that the agency determines to be necessary or
1448     advisable.
1449          (2) [Each] An agency shall ensure that each analysis under Subsection (1)(l) [shall
1450     consider] considers:
1451          (a) the benefit of any financial assistance or other public subsidy proposed to be

1452     provided by the agency, including:
1453          (i) an evaluation of the reasonableness of the costs of the project area development;
1454          (ii) efforts the agency or participant has made or will make to maximize private
1455     investment;
1456          (iii) the rationale for use of tax increment, including an analysis of whether the
1457     proposed project area development might reasonably be expected to occur in the foreseeable
1458     future solely through private investment; and
1459          (iv) an estimate of the total amount of tax increment that will be expended in
1460     undertaking project area development and the project area funds collection period; and
1461          (b) the anticipated public benefit to be derived from the project area development,
1462     including:
1463          (i) the beneficial influences upon the tax base of the community;
1464          (ii) the associated business and economic activity likely to be stimulated; and
1465          (iii) whether adoption of the project area plan is necessary and appropriate to reduce or
1466     eliminate [blight] a development impediment.
1467          Section 21. Section 17C-2-106 is amended to read:
1468          17C-2-106. Board resolution approving urban renewal project area plan --
1469     Requirements.
1470          [Each board] A board shall ensure that each resolution approving a proposed urban
1471     renewal project area plan as the project area plan under Subsection 17C-2-102(1)(a)(x) [shall
1472     contain] contains:
1473          (1) a boundary description of the boundaries of the project area that is the subject of the
1474     project area plan;
1475          (2) the agency's purposes and intent with respect to the project area;
1476          (3) the project area plan incorporated by reference;
1477          (4) a statement that the board previously made a [finding of blight] development
1478     impediment determination within the project area and the date of the board's [finding of blight]
1479     determination; and
1480          (5) the board findings and determinations that:
1481          (a) there is a need to effectuate a public purpose;
1482          (b) there is a public benefit under the analysis described in Subsection 17C-2-103(2);

1483          (c) it is economically sound and feasible to adopt and carry out the project area plan;
1484          (d) the project area plan conforms to the community's general plan; and
1485          (e) carrying out the project area plan will promote the public peace, health, safety, and
1486     welfare of the community in which the project area is located.
1487          Section 22. Section 17C-2-110 is amended to read:
1488          17C-2-110. Amending an urban renewal project area plan.
1489          (1) [An] An agency may amend an urban renewal project area plan [may be amended]
1490     as provided in this section.
1491          (2) If an agency proposes to amend an urban renewal project area plan to enlarge the
1492     project area:
1493          (a) subject to Subsection (2)(e), the requirements under this part that apply to adopting
1494     a project area plan apply equally to the proposed amendment as if it were a proposed project
1495     area plan;
1496          (b) for a pre-July 1, 1993, project area plan, the base year for the new area added to the
1497     project area shall be determined under Subsection 17C-1-102(9) using the effective date of the
1498     amended project area plan;
1499          (c) for a post-June 30, 1993, project area plan:
1500          (i) the base year for the new area added to the project area shall be determined under
1501     Subsection 17C-1-102(9) using the date of the taxing entity committee's consent referred to in
1502     Subsection (2)(c)(ii); and
1503          (ii) the agency shall obtain the consent of the taxing entity committee before the agency
1504     may collect tax increment from the area added to the project area by the amendment;
1505          (d) the agency shall make a [finding] determination regarding the existence of [blight]
1506     a development impediment in the area proposed to be added to the project area by following
1507     the procedure set forth in Chapter 2, Part 3, [Blight] Development Impediment Determination
1508     in Urban Renewal Project Areas; and
1509          (e) the agency need not make a [finding regarding the existence of blight] development
1510     impediment determination in the project area as described in the original project area plan, if
1511     the agency made a [finding of the existence of blight] development impediment determination
1512     regarding that project area in connection with adoption of the original project area plan.
1513          (3) If a proposed amendment does not propose to enlarge an urban renewal project

1514     area, a board may adopt a resolution approving an amendment to a project area plan after:
1515          (a) the agency gives notice, as provided in Section 17C-1-806, of the proposed
1516     amendment and of the public hearing required by Subsection (3)(b);
1517          (b) the board holds a public hearing on the proposed amendment that meets the
1518     requirements of a plan hearing;
1519          (c) the agency obtains the taxing entity committee's consent to the amendment, if the
1520     amendment proposes:
1521          (i) to enlarge the area within the project area from which tax increment is collected;
1522          (ii) to permit the agency to receive a greater percentage of tax increment or to extend
1523     the project area funds collection period, or both, than allowed under the adopted project area
1524     plan; or
1525          (iii) for an amendment to a project area plan that was adopted before April 1, 1983, to
1526     expand the area from which tax increment is collected to exceed 100 acres of private property;
1527     and
1528          (d) the agency obtains the consent of the legislative body or governing board of each
1529     taxing entity affected, if the amendment proposes to permit the agency to receive, from less
1530     than all taxing entities, a greater percentage of tax increment or to extend the project area funds
1531     collection period, or both, than allowed under the adopted project area plan.
1532          (4) (a) [An] An agency may amend an urban renewal project area plan [may be
1533     amended] without complying with the notice and public hearing requirements of Subsections
1534     (2)(a) and (3)(a) and (b) and without obtaining taxing entity committee approval under
1535     Subsection (3)(c) if the amendment:
1536          (i) makes a minor adjustment in the boundary description of a project area boundary
1537     requested by a county assessor or county auditor to avoid inconsistent property boundary lines;
1538     or
1539          (ii) subject to Subsection (4)(b), removes one or more parcels from a project area
1540     because the agency determines that each parcel removed is:
1541          (A) tax exempt;
1542          (B) [no longer blighted] without a development impediment; or
1543          (C) no longer necessary or desirable to the project area.
1544          (b) [An] An agency may make an amendment removing one or more parcels from a

1545     project area under Subsection (4)(a)(ii) [may be made] without the consent of the record
1546     property owner of each parcel being removed.
1547          (5) (a) An amendment approved by board resolution under this section may not take
1548     effect until adopted by ordinance of the legislative body of the community in which the project
1549     area that is the subject of the project area plan being amended is located.
1550          (b) Upon a community legislative body passing an ordinance adopting an amendment
1551     to a project area plan, the agency whose project area plan was amended shall comply with the
1552     requirements of Sections 17C-2-108 and 17C-2-109 to the same extent as if the amendment
1553     were a project area plan.
1554          (6) (a) Within 30 days after the day on which an amendment to a project area plan
1555     becomes effective, a person may contest the amendment to the project area plan or the
1556     procedure used to adopt the amendment to the project area plan if the amendment or procedure
1557     fails to comply with a provision of this title.
1558          (b) After the 30-day period described in Subsection (6)(a) expires, a person may not
1559     contest the amendment to the project area plan or procedure used to adopt the amendment to
1560     the project area plan for any cause.
1561          Section 23. Section 17C-2-202 is amended to read:
1562          17C-2-202. Combined incremental value -- Restriction against adopting an urban
1563     renewal project area budget -- Taxing entity committee may waive restriction.
1564          (1) Except as provided in Subsection (2), an agency may not adopt an urban renewal
1565     project area budget if, at the time the urban renewal project area budget is being considered, the
1566     combined incremental value for the agency exceeds 10% of the total taxable value of property
1567     within the agency's boundaries in the year that the urban renewal project area budget is being
1568     considered.
1569          (2) (a) A taxing entity committee may waive the restrictions imposed by Subsection
1570     (1).
1571          (b) Subsection (1) does not apply to an urban renewal project area budget if the
1572     agency's [finding of blight] development impediment determination in the project area to which
1573     the budget relates is based on a [finding] determination under Subsection 17C-2-303(1)(b).
1574          Section 24. Section 17C-2-301 is amended to read:
1575     
Part 3. Development Impediment Determination in Urban Renewal Project Areas


1576          17C-2-301. Development impediment study -- Requirements -- Deadline.
1577          (1) [Each blight] An agency shall ensure that each development impediment study
1578     required under Subsection 17C-2-102(1)(a)(i)(A) [shall]:
1579          (a) [undertake] undertakes a parcel by parcel survey of the survey area;
1580          (b) [provide] provides data so the board and taxing entity committee may determine:
1581          (i) whether the conditions described in Subsection 17C-2-303(1):
1582          (A) exist in part or all of the survey area; and
1583          (B) qualify an area within the survey area as a project area; and
1584          (ii) whether the survey area contains all or part of a superfund site, an inactive
1585     industrial site, or inactive airport site;
1586          (c) [include] includes a written report setting forth:
1587          (i) the conclusions reached;
1588          (ii) any recommended area within the survey area qualifying as a project area; and
1589          (iii) any other information requested by the agency to determine whether an urban
1590     renewal project area is feasible; and
1591          (d) [be] is completed within one year after the adoption of the survey area resolution.
1592          (2) (a) If a [blight] development impediment study is not completed within one year
1593     after the adoption of the resolution under Subsection 17C-2-101.5(1) designating a survey area,
1594     the agency may not approve an urban renewal project area plan based on that [blight]
1595     development impediment study unless [it] the agency first adopts a new resolution under
1596     Subsection 17C-2-101.5(1).
1597          (b) A new resolution under Subsection (2)(a) shall in all respects be considered to be a
1598     resolution under Subsection 17C-2-101.5(1) adopted for the first time, except that any actions
1599     taken toward completing a [blight] development impediment study under the resolution that the
1600     new resolution replaces shall be considered to have been taken under the new resolution.
1601          Section 25. Section 17C-2-302 is amended to read:
1602          17C-2-302. Development impediment hearing -- Owners may review evidence of
1603     a development impediment.
1604          (1) In each hearing required under Subsection 17C-2-102(1)(a)(i)(C), the agency shall:
1605          (a) permit all evidence of the existence or nonexistence of [blight] a development
1606     impediment within the proposed urban renewal project area to be presented; and

1607          (b) permit each record owner of property located within the proposed urban renewal
1608     project area or the record property owner's representative the opportunity to:
1609          (i) examine and cross-examine witnesses providing evidence of the existence or
1610     nonexistence of [blight] a development impediment; and
1611          (ii) present evidence and testimony, including expert testimony, concerning the
1612     existence or nonexistence of [blight] a development impediment.
1613          (2) The agency shall allow record owners of property located within a proposed urban
1614     renewal project area the opportunity, for at least 30 days before the hearing, to review the
1615     evidence of [blight] a development impediment compiled by the agency or by the person or
1616     firm conducting the [blight] development impediment study for the agency, including any
1617     expert report.
1618          Section 26. Section 17C-2-303 is amended to read:
1619          17C-2-303. Conditions on board determination of a development impediment --
1620     Conditions of a development impediment caused by the participant.
1621          (1) A board may not make a [finding of blight] development impediment determination
1622     in a resolution under Subsection 17C-2-102(1)(a)(ii)(B) unless the board finds that:
1623          (a) (i) the proposed project area consists predominantly of nongreenfield parcels;
1624          (ii) the proposed project area is currently zoned for urban purposes and generally
1625     served by utilities;
1626          (iii) at least 50% of the parcels within the proposed project area contain nonagricultural
1627     or nonaccessory buildings or improvements used or intended for residential, commercial,
1628     industrial, or other urban purposes, or any combination of those uses;
1629          (iv) the present condition or use of the proposed project area substantially impairs the
1630     sound growth of the municipality, retards the provision of housing accommodations, or
1631     constitutes an economic liability or is detrimental to the public health, safety, or welfare, as
1632     shown by the existence within the proposed project area of at least four of the following
1633     factors:
1634          (A) one of the following, although sometimes interspersed with well maintained
1635     buildings and infrastructure:
1636          (I) substantial physical dilapidation, deterioration, or defective construction of
1637     buildings or infrastructure; or

1638          (II) significant noncompliance with current building code, safety code, health code, or
1639     fire code requirements or local ordinances;
1640          (B) unsanitary or unsafe conditions in the proposed project area that threaten the
1641     health, safety, or welfare of the community;
1642          (C) environmental hazards, as defined in state or federal law, that require remediation
1643     as a condition for current or future use and development;
1644          (D) excessive vacancy, abandoned buildings, or vacant lots within an area zoned for
1645     urban use and served by utilities;
1646          (E) abandoned or outdated facilities that pose a threat to public health, safety, or
1647     welfare;
1648          (F) criminal activity in the project area, higher than that of comparable [nonblighted]
1649     areas in the municipality or county that are without a development impediment; and
1650          (G) defective or unusual conditions of title rendering the title nonmarketable; and
1651          (v) (A) at least 50% of the privately-owned parcels within the proposed project area are
1652     affected by at least one of the factors, but not necessarily the same factor, listed in Subsection
1653     (1)(a)(iv); and
1654          (B) the affected parcels comprise at least 66% of the privately-owned acreage of the
1655     proposed project area; or
1656          (b) the proposed project area includes some or all of a superfund site, inactive
1657     industrial site, or inactive airport site.
1658          (2) No single parcel comprising 10% or more of the acreage of the proposed project
1659     area may be counted as satisfying Subsection (1)(a)(iii) or (iv) unless at least 50% of the area of
1660     that parcel is occupied by buildings or improvements.
1661          (3) (a) For purposes of Subsection (1), if a participant involved in the project area
1662     development has caused a condition listed in Subsection (1)(a)(iv) within the proposed project
1663     area, that condition may not be used in the determination of [blight] a development
1664     impediment.
1665          (b) Subsection (3)(a) does not apply to a condition that was caused by an owner or
1666     tenant who becomes a participant.
1667          Section 27. Section 17C-2-304 is amended to read:
1668          17C-2-304. Challenging a development impediment determination -- Time limit --

1669     De novo review.
1670          (1) If the board makes a [finding of blight] development impediment determination
1671     under Subsection 17C-2-102(1)(a)(ii)(B) and that [finding] determination is approved by
1672     resolution adopted by the taxing entity committee, a record owner of property located within
1673     the proposed urban renewal project area may challenge the [finding] determination by filing an
1674     action with the district court for the county in which the property is located.
1675          (2) [Each] A person shall file a challenge under Subsection (1) [shall be filed] within
1676     30 days after the taxing entity committee approves the board's [finding of blight] development
1677     impediment determination.
1678          (3) In each action under this section, the district court shall review the [finding of
1679     blight] development impediment determination under the standards of review provided in
1680     Subsection 10-9a-801(3).
1681          Section 28. Section 17C-5-103 is amended to read:
1682          17C-5-103. Initiating a community reinvestment project area plan.
1683          (1) Subject to Subsection (2), a board shall initiate the process of adopting a
1684     community reinvestment project area plan by adopting a survey area resolution that:
1685          (a) designates a geographic area located within the agency's boundaries as a survey
1686     area;
1687          (b) contains a description or map of the boundaries of the survey area;
1688          (c) contains a statement that the survey area requires study to determine whether
1689     project area development is feasible within one or more proposed community reinvestment
1690     project areas within the survey area; and
1691          (d) authorizes the agency to:
1692          (i) prepare a proposed community reinvestment project area plan for each proposed
1693     community reinvestment project area; and
1694          (ii) conduct any examination, investigation, or negotiation regarding the proposed
1695     community reinvestment project area that the agency considers appropriate.
1696          (2) If an agency anticipates using eminent domain to acquire property within the survey
1697     area, the resolution described in Subsection (1) shall include:
1698          (a) a statement that the survey area requires study to determine whether [blight] a
1699     development impediment exists within the survey area; and

1700          (b) authorization for the agency to conduct a [blight] development impediment study in
1701     accordance with Section 17C-5-403.
1702          Section 29. Section 17C-5-104 is amended to read:
1703          17C-5-104. Process for adopting a community reinvestment project area plan --
1704     Prerequisites -- Restrictions.
1705          (1) An agency may not propose a community reinvestment project area plan unless the
1706     community in which the proposed community reinvestment project area plan is located:
1707          (a) has a planning commission; and
1708          (b) has adopted a general plan under:
1709          (i) if the community is a municipality, Title 10, Chapter 9a, Part 4, General Plan; or
1710          (ii) if the community is a county, Title 17, Chapter 27a, Part 4, General Plan.
1711          (2) (a) Before an agency may adopt a proposed community reinvestment project area
1712     plan, the agency shall conduct a [blight] development impediment study and make a [blight]
1713     development impediment determination in accordance with Part 4, [Blight] Development
1714     Impediment Determination in a Community Reinvestment Project Area, if the agency
1715     anticipates using eminent domain to acquire property within the proposed community
1716     reinvestment project area.
1717          (b) If applicable, an agency may not approve a community reinvestment project area
1718     plan more than one year after the agency adopts a resolution making a [finding of blight]
1719     development impediment determination under Section 17C-5-402.
1720          (3) To adopt a community reinvestment project area plan, an agency shall:
1721          (a) prepare a proposed community reinvestment project area plan in accordance with
1722     Section 17C-5-105;
1723          (b) make the proposed community reinvestment project area plan available to the
1724     public at the agency's office during normal business hours for at least 30 days before the plan
1725     hearing described in Subsection (3)(e);
1726          (c) before holding the plan hearing described in Subsection (3)(e), provide an
1727     opportunity for the State Board of Education and each taxing entity that levies or imposes a tax
1728     within the proposed community reinvestment project area to consult with the agency regarding
1729     the proposed community reinvestment project area plan;
1730          (d) provide notice of the plan hearing in accordance with Chapter 1, Part 8, Hearing

1731     and Notice Requirements;
1732          (e) hold a plan hearing on the proposed community reinvestment project area plan and,
1733     at the plan hearing:
1734          (i) allow public comment on:
1735          (A) the proposed community reinvestment project area plan; and
1736          (B) whether the agency should revise, approve, or reject the proposed community
1737     reinvestment project area plan; and
1738          (ii) receive all written and oral objections to the proposed community reinvestment
1739     project area plan; and
1740          (f) following the plan hearing described in Subsection (3)(e), or at a subsequent agency
1741     meeting:
1742          (i) consider:
1743          (A) the oral and written objections to the proposed community reinvestment project
1744     area plan and evidence and testimony for and against adoption of the proposed community
1745     reinvestment project area plan; and
1746          (B) whether to revise, approve, or reject the proposed community reinvestment project
1747     area plan;
1748          (ii) adopt a resolution in accordance with Section 17C-5-108 that approves the
1749     proposed community reinvestment project area plan, with or without revisions, as the
1750     community reinvestment project area plan; and
1751          (iii) submit the community reinvestment project area plan to the community legislative
1752     body for adoption.
1753          (4) (a) Except as provided in Subsection (4)(b), an agency may not modify a proposed
1754     community reinvestment project area plan to add one or more parcels to the proposed
1755     community reinvestment project area unless the agency holds a plan hearing to consider the
1756     addition and gives notice of the plan hearing in accordance with Chapter 1, Part 8, Hearing and
1757     Notice Requirements.
1758          (b) The notice and hearing requirements described in Subsection (4)(a) do not apply to
1759     a proposed community reinvestment project area plan being modified to add one or more
1760     parcels to the proposed community reinvestment project area if:
1761          (i) each parcel is contiguous to one or more parcels already included in the proposed

1762     community reinvestment project area under the proposed community reinvestment project area
1763     plan;
1764          (ii) the record owner of each parcel consents to adding the parcel to the proposed
1765     community reinvestment project area; and
1766          (iii) each parcel is located within the survey area.
1767          Section 30. Section 17C-5-105 is amended to read:
1768          17C-5-105. Community reinvestment project area plan requirements.
1769          [Each] An agency shall ensure that each community reinvestment project area plan and
1770     proposed community reinvestment project area plan [shall]:
1771          (1) subject to Section 17C-1-414, if applicable, [include] includes a boundary
1772     description and a map of the community reinvestment project area;
1773          (2) [contain] contains a general statement of the existing land uses, layout of principal
1774     streets, population densities, and building intensities of the community reinvestment project
1775     area and how each will be affected by project area development;
1776          (3) [state] states the standards that will guide project area development;
1777          (4) [show] shows how project area development will further purposes of this title;
1778          (5) [be] is consistent with the general plan of the community in which the community
1779     reinvestment project area is located and [show] shows that project area development will
1780     conform to the community's general plan;
1781          (6) if applicable, [describe] describes how project area development will eliminate or
1782     reduce [blight] a development impediment in the community reinvestment project area;
1783          (7) [describe] describes any specific project area development that is the object of the
1784     community reinvestment project area plan;
1785          (8) if applicable, [explain] explains how the agency plans to select a participant;
1786          (9) [state] states each reason the agency selected the community reinvestment project
1787     area;
1788          (10) [describe] describes the physical, social, and economic conditions that exist in the
1789     community reinvestment project area;
1790          (11) [describe] describes each type of financial assistance that the agency anticipates
1791     offering a participant;
1792          (12) [include] includes an analysis or description of the anticipated public benefit

1793     resulting from project area development, including benefits to the community's economic
1794     activity and tax base;
1795          (13) if applicable, [state] states that the agency shall comply with Section 9-8-404 as
1796     required under Section 17C-5-106;
1797          (14) [state] for a community reinvestment project area plan that an agency adopted
1798     before May 14, 2019, states whether the community reinvestment project area plan or proposed
1799     community reinvestment project area plan is subject to a taxing entity committee or an
1800     interlocal agreement; and
1801          (15) [include] includes other information that the agency determines to be necessary or
1802     advisable.
1803          Section 31. Section 17C-5-108 is amended to read:
1804          17C-5-108. Board resolution approving a community reinvestment project area
1805     plan -- Requirements.
1806          A board shall ensure that a resolution approving a proposed community reinvestment
1807     area plan as the community reinvestment project area plan under Section 17C-5-104 [shall
1808     contain] contains:
1809          (1) a boundary description of the community reinvestment project area that is the
1810     subject of the community reinvestment project area plan;
1811          (2) the agency's purposes and intent with respect to the community reinvestment
1812     project area;
1813          (3) the proposed community reinvestment project area plan incorporated by reference;
1814          (4) the board findings and determinations that the proposed community reinvestment
1815     project area plan:
1816          (a) serves a public purpose;
1817          (b) produces a public benefit as demonstrated by the analysis described in Subsection
1818     17C-5-105(12);
1819          (c) is economically sound and feasible;
1820          (d) conforms to the community's general plan; and
1821          (e) promotes the public peace, health, safety, and welfare of the community in which
1822     the proposed community reinvestment project area is located; and
1823          (5) if the board made a [finding of blight] development impediment determination

1824     under Section 17C-5-402, a statement that the board made a [finding of blight] development
1825     impediment determination within the proposed community reinvestment project area and the
1826     date on which the board made the [finding of blight] determination.
1827          Section 32. Section 17C-5-112 is amended to read:
1828          17C-5-112. Amending a community reinvestment project area plan.
1829          (1) An agency may amend a community reinvestment project area plan in accordance
1830     with this section.
1831          (2) (a) If an amendment proposes to enlarge a community reinvestment project area's
1832     geographic area, the agency shall:
1833          (i) comply with this part as though the agency were creating a community reinvestment
1834     project area;
1835          (ii) if the agency anticipates receiving project area funds from the area proposed to be
1836     added to the community reinvestment project area, before the agency may collect project area
1837     funds:
1838          (A) for a community reinvestment project area plan that is subject to a taxing entity
1839     committee, obtain approval to receive tax increment from the taxing entity committee; or
1840          (B) for a community reinvestment project area plan that is subject to an interlocal
1841     agreement, obtain the approval of the taxing entity that is a party to the interlocal agreement;
1842     and
1843          (iii) if the agency anticipates acquiring property in the area proposed to be added to the
1844     community reinvestment project area by eminent domain, follow the procedures described in
1845     Section 17C-5-402.
1846          (b) The base year for the area proposed to be added to the community reinvestment
1847     project area shall be determined using the date of:
1848          (i) the taxing entity committee's consent as described in Subsection (2)(a)(ii)(A); or
1849          (ii) the taxing entity's consent as described in Subsection (2)(a)(ii)(B).
1850          (3) If an amendment does not propose to enlarge a community reinvestment project
1851     area's geographic area, the board may adopt a resolution approving the amendment after the
1852     agency:
1853          (a) if the amendment does not propose to allow the agency to receive a greater amount
1854     of project area funds or to extend a project area funds collection period:

1855          (i) gives notice in accordance with Section 17C-1-806; and
1856          (ii) holds a public hearing on the proposed amendment that meets the requirements
1857     described in Subsection 17C-5-104(3); or
1858          (b) if the amendment proposes to also allow the agency to receive a greater amount of
1859     project area funds or to extend a project area funds collection period:
1860          (i) complies with Subsection (3)(a)(i) and (ii); and
1861          (ii) (A) for a community reinvestment project area plan that is subject to a taxing entity
1862     committee, obtains approval from the taxing entity committee; or
1863          (B) for a community reinvestment project area plan that is subject to an interlocal
1864     agreement, obtains approval to receive project area funds from the taxing entity that is a party
1865     to the interlocal agreement.
1866          [(4) (a) An agency may amend a community reinvestment project area plan for a
1867     community reinvestment project area that is subject to an interlocal agreement for the purpose
1868     of using eminent domain to acquire one or more parcels within the community reinvestment
1869     project area.]
1870          (4) (a) If a board has not made a determination under Part 4, Development Impediment
1871     Determination in a Community Reinvestment Project Area, but intends to use eminent domain
1872     within a community reinvestment project area, the agency may amend the community
1873     reinvestment project area plan in accordance with this Subsection (4).
1874          (b) To amend a community reinvestment project area plan as described in Subsection
1875     (4)(a), an agency shall:
1876          (i) adopt a survey area resolution that identifies each parcel that the agency intends to
1877     study to determine whether [blight] a development impediment exists;
1878          (ii) in accordance with Part 4, [Blight] Development Impediment Determination in a
1879     Community Reinvestment Project Area, conduct a [blight] development impediment study
1880     within the survey area and make a [blight] development impediment determination; and
1881          [(iii) create a taxing entity committee whose sole purpose is to approve any finding of
1882     blight in accordance with Subsection 17C-5-402(3); and]
1883          [(iv)] (iii) obtain approval to amend the community reinvestment project area plan
1884     from each taxing entity that is a party to an interlocal agreement.
1885          (c) Amending a community reinvestment project area plan as described in this

1886     Subsection (4) does not affect:
1887          (i) the base year of the parcel or parcels that are the subject of an amendment under this
1888     Subsection (4); and
1889          (ii) any interlocal agreement under which the agency is authorized to receive project
1890     area funds from the community reinvestment project area.
1891          (5) An agency may amend a community reinvestment project area plan without
1892     obtaining the consent of a taxing entity or a taxing entity committee and without providing
1893     notice or holding a public hearing if the amendment:
1894          (a) makes a minor adjustment in the community reinvestment project area boundary
1895     that is requested by a county assessor or county auditor to avoid inconsistent property boundary
1896     lines; or
1897          (b) removes one or more parcels from a community reinvestment project area because
1898     the agency determines that each parcel is:
1899          (i) tax exempt;
1900          (ii) [no longer blighted] without a development impediment; or
1901          (iii) no longer necessary or desirable to the project area.
1902          (6) (a) An amendment approved by board resolution under this section may not take
1903     effect until the community legislative body adopts an ordinance approving the amendment.
1904          (b) Upon the community legislative body adopting an ordinance approving an
1905     amendment under Subsection (6)(a), the agency shall comply with the requirements described
1906     in Sections 17C-5-110 and 17C-5-111 as if the amendment were a community reinvestment
1907     project area plan.
1908          (7) (a) Within 30 days after the day on which an amendment to a project area plan
1909     becomes effective, a person may contest the amendment to the project area plan or the
1910     procedure used to adopt the amendment to the project area plan if the amendment or procedure
1911     fails to comply with a provision of this title.
1912          (b) After the 30-day period described in Subsection (7)(a) expires, a person may not
1913     contest the amendment to the project area plan or procedure used to adopt the amendment to
1914     the project area plan for any cause.
1915          Section 33. Section 17C-5-202 is amended to read:
1916          17C-5-202. Community reinvestment project area funding.

1917          (1) (a) [Except] Beginning on May 14, 2019, and except as provided in Subsection (2),
1918     for the purpose of receiving project area funds for use within a community reinvestment project
1919     area, an agency shall negotiate and enter into an interlocal agreement with a taxing entity in
1920     accordance with Section 17C-5-204 to receive all or a portion of the taxing entity's tax
1921     increment or sales and use tax revenue in accordance with the interlocal agreement.
1922          (b) If a community reinvestment project area is subject to an interlocal agreement
1923     under Subsection (1)(a) and the agency subsequently amends the community reinvestment
1924     project area plan as described in Subsection 17C-5-112(4), the agency shall continue to receive
1925     project area funds under the interlocal agreement.
1926          [(2) If an agency plans to create a community reinvestment project area and adopt a
1927     community reinvestment project area plan that provides for the use of eminent domain to
1928     acquire property within the community reinvestment project area, the agency shall create a
1929     taxing entity committee as described in Section 17C-1-402 and receive tax increment in
1930     accordance with Section 17C-5-203.]
1931          (2) Notwithstanding Subsection (1), an agency may receive tax increment in
1932     accordance with Section 17C-5-203 if the agency created a community reinvestment project
1933     area before May 14, 2019, that is subject to a taxing entity committee and provides for the use
1934     of eminent domain to acquire property within the community reinvestment project area.
1935          (3) An agency shall comply with [Chapter 5,] Part 3, Community Reinvestment Project
1936     Area Budget, regardless of whether an agency enters into an interlocal agreement under
1937     Subsection [(1) or creates a taxing entity committee] (1) or receives tax increment under
1938     Subsection (2).
1939          Section 34. Section 17C-5-203 is amended to read:
1940          17C-5-203. Community reinvestment project area subject to taxing entity
1941     committee -- Tax increment.
1942          (1) This section applies to a community reinvestment project area that an agency
1943     created before May 14, 2019, and that is subject to a taxing entity committee under Subsection
1944     17C-5-202(2).
1945          (2) Subject to the taxing entity committee's approval of a community reinvestment
1946     project area budget under Section 17C-5-304, and for the purpose of implementing a
1947     community reinvestment project area plan, an agency may receive up to 100% of a taxing

1948     entity's tax increment, or any specified dollar amount of tax increment, for any period of time.
1949          (3) Notwithstanding Subsection (2), an agency that adopts a community reinvestment
1950     project area plan that is subject to a taxing entity committee may negotiate and enter into an
1951     interlocal agreement with a taxing entity and receive all or a portion of the taxing entity's sales
1952     and use tax revenue for any period of time.
1953          Section 35. Section 17C-5-205 is amended to read:
1954          17C-5-205. Interlocal agreement to provide project area funds for the community
1955     reinvestment project area subject to interlocal agreement -- Notice -- Effective date of
1956     interlocal agreement -- Time to contest interlocal agreement -- Availability of interlocal
1957     agreement.
1958          (1) [The] An agency shall:
1959          (a) approve and adopt an interlocal agreement described in Section 17C-5-204 at an
1960     open and public meeting; and
1961          (b) provide a notice of the meeting Ŝ→ [
which includes a statement that the interlocal
1962     agreement authorizes the diversion of property tax for a community reinvestment project area.
] titled

1962a     "Diversion of Property Tax for a Community Reinvestment Project Area." ←Ŝ
1963          (2) (a) Upon the execution of an interlocal agreement described in Section 17C-5-204,
1964     the agency shall provide notice of the execution by:
1965          (i) (A) publishing or causing to be published a notice in a newspaper of general
1966     circulation within the agency's boundaries; or
1967          (B) if there is no newspaper of general circulation within the agency's boundaries,
1968     causing the notice to be posted in at least three public places within the agency's boundaries;
1969     and
1970          (ii) publishing or causing the notice to be published on the Utah Public Notice Website
1971     created in Section 63F-1-701.
1972          (b) A notice described in Subsection (2)(a) shall include:
1973          (i) a summary of the interlocal agreement; and
1974          (ii) a statement that the interlocal agreement:
1975          (A) is available for public inspection and the hours for inspection; and
1976          (B) authorizes the agency to receive all or a portion of a taxing entity's tax increment or
1977     sales and use tax revenue.
1978          (3) An interlocal agreement described in Section 17C-5-204 is effective the day on

1979     which the notice described in Subsection (2) is published or posted in accordance with
1980     Subsection (2)(a).
1981          (4) (a) Within 30 days after the day on which the interlocal agreement is effective, a
1982     person may contest the interlocal agreement or the procedure used to adopt the interlocal
1983     agreement if the interlocal agreement or procedure fails to comply with a provision of this title.
1984          (b) After the 30-day period described in Subsection (4)(a) expires, a person may not
1985     contest:
1986          (i) the interlocal agreement;
1987          (ii) a distribution of tax increment to the agency under the interlocal agreement; or
1988          (iii) the agency's use of project area funds under the interlocal agreement.
1989          (5) A taxing entity that enters into an interlocal agreement under Section 17C-5-204
1990     shall make a copy of the interlocal agreement available to the public at the taxing entity's office
1991     for inspection and copying during normal business hours.
1992          Section 36. Section 17C-5-401 is amended to read:
1993     
Part 4. Development Impediment Determination in a Community

1994     
Reinvestment Project Area

1995          17C-5-401. Title.
1996          This part is known as "[Blight] Development Impediment Determination in a
1997     Community Reinvestment Project Area."
1998          Section 37. Section 17C-5-402 is amended to read:
1999          17C-5-402. Development impediment determination in a community
2000     reinvestment project area -- Prerequisites -- Restrictions.
2001          (1) An agency shall comply with the provisions of this section before the agency may
2002     use eminent domain to acquire property under Chapter 1, Part 9, Eminent Domain.
2003          (2) An agency shall, after adopting a survey area resolution as described in Section
2004     17C-5-103:
2005          (a) cause a [blight] development impediment study to be conducted within the survey
2006     area in accordance with Section 17C-5-403;
2007          (b) provide notice and hold a [blight] development impediment hearing in accordance
2008     with Chapter 1, Part 8, Hearing and Notice Requirements; and
2009          (c) after the [blight] development impediment hearing, at the same or at a subsequent

2010     meeting:
2011          (i) consider [the issue of blight and] the evidence and information relating to the
2012     existence or nonexistence of [blight] a development impediment; and
2013          (ii) by resolution, make a [finding] determination regarding whether [blight] a
2014     development impediment exists in all or part of the survey area.
2015          [(3) (a) If an agency makes a finding of blight under Subsection (2), the agency may
2016     not adopt an original community reinvestment project area plan or an amendment to a
2017     community reinvestment project area plan under Subsection 17C-5-112(4) until the taxing
2018     entity committee approves the finding of blight.]
2019          [(b) (i) A taxing entity committee shall approve an agency's finding of blight unless the
2020     taxing entity committee demonstrates that the conditions the agency found to exist in the
2021     survey area that support the agency's finding of blight:]
2022          [(A) do not exist; or]
2023          [(B) do not constitute blight under Section 17C-5-405.]
2024          [(ii) (A) If the taxing entity committee questions or disputes the existence of some or
2025     all of the blight conditions that the agency found to exist in the survey area, the taxing entity
2026     committee may hire a consultant, mutually agreed upon by the taxing entity committee and the
2027     agency, with the necessary expertise to assist the taxing entity committee in making a
2028     determination as to the existence of the questioned or disputed blight conditions.]
2029          [(B) The agency shall pay the fees and expenses of each consultant hired under
2030     Subsection (3)(b)(ii)(A).]
2031          [(C) The findings of a consultant hired under Subsection (3)(b)(ii)(A) are binding on
2032     the taxing entity committee and the agency.]
2033          Section 38. Section 17C-5-403 is amended to read:
2034          17C-5-403. Development impediment study -- Requirements -- Deadline.
2035          (1) [A blight] An agency shall ensure that a development impediment study [shall]:
2036          (a) [undertake] undertakes a parcel by parcel survey of the survey area;
2037          (b) [provide] provides data so the board [and taxing entity committee] may determine:
2038          (i) whether the conditions described in Section 17C-5-405:
2039          (A) exist in part or all of the survey area; and
2040          (B) meet the qualifications for a [finding of blight] development impediment

2041     determination in all or part of the survey area; and
2042          (ii) whether the survey area contains all or part of a superfund site;
2043          (c) [include] includes a written report that states:
2044          (i) the conclusions reached;
2045          (ii) any area within the survey area that meets the statutory criteria of [blight] a
2046     development impediment under Section 17C-5-405; and
2047          (iii) any other information requested by the agency to determine whether [blight] a
2048     development impediment exists within the survey area; and
2049          (d) [be] is completed within one year after the day on which the survey area resolution
2050     is adopted.
2051          (2) (a) If a [blight] development impediment study is not completed within the time
2052     described in Subsection (1)(d), the agency may not approve a community reinvestment project
2053     area plan or an amendment to a community reinvestment project area plan under Subsection
2054     17C-5-112(4) based on a [blight] development impediment study unless the agency first adopts
2055     a new resolution under Subsection 17C-5-103(1).
2056          (b) A new resolution described in Subsection (2)(a) shall in all respects be considered
2057     to be a resolution under Subsection 17C-5-103(1) adopted for the first time, except that any
2058     actions taken toward completing a [blight] development impediment study under the resolution
2059     that the new resolution replaces shall be considered to have been taken under the new
2060     resolution.
2061          (3) (a) For the purpose of making a [blight] development impediment determination
2062     under Subsection 17C-5-402(2)(c)(ii), a [blight] development impediment study is valid for
2063     one year from the day on which the [blight] development impediment study is completed.
2064          (b) (i) Except as provided in Subsection (3)(b)(ii), an agency that makes a [blight]
2065     development impediment determination under a valid [blight] development impediment study
2066     and subsequently adopts a community reinvestment project area plan in accordance with
2067     Section 17C-5-104 may amend the community reinvestment project area plan without
2068     conducting a new [blight] development impediment study.
2069          (ii) An agency shall conduct a supplemental [blight] development impediment study
2070     for the area proposed to be added to the community reinvestment project area if the agency
2071     proposes an amendment to a community reinvestment project area plan that:

2072          (A) increases the community reinvestment project area's geographic boundary and the
2073     area proposed to be added was not included in the original [blight] development impediment
2074     study; and
2075          (B) provides for the use of eminent domain within the area proposed to be added to the
2076     community reinvestment project area.
2077          Section 39. Section 17C-5-404 is amended to read:
2078          17C-5-404. Development impediment hearing -- Owners may review evidence of
2079     a development impediment.
2080          (1) In a hearing required under Subsection 17C-5-402(2)(b), an agency shall:
2081          (a) permit all evidence of the existence or nonexistence of [blight] a development
2082     impediment within the survey area to be presented; and
2083          (b) permit each record owner of property located within the survey area or the record
2084     property owner's representative the opportunity to:
2085          (i) examine and cross-examine each witness that provides evidence of the existence or
2086     nonexistence of [blight] a development impediment; and
2087          (ii) present evidence and testimony, including expert testimony, concerning the
2088     existence or nonexistence of [blight] a development impediment.
2089          (2) An agency shall allow each record owner of property located within a survey area
2090     the opportunity, for at least 30 days before the day on which the hearing takes place, to review
2091     the evidence of [blight] a development impediment compiled by the agency or by the person or
2092     firm conducting the [blight] development impediment study for the agency, including any
2093     expert report.
2094          Section 40. Section 17C-5-405 is amended to read:
2095          17C-5-405. Conditions on a development impediment determination --
2096     Conditions of a development impediment caused by a participant.
2097          (1) A board may not make a [finding of blight] development impediment determination
2098     in a resolution under Subsection 17C-5-402(2)(c)(ii) unless the board finds that:
2099          (a) (i) the survey area consists predominantly of nongreenfield parcels;
2100          (ii) the survey area is currently zoned for urban purposes and generally served by
2101     utilities;
2102          (iii) at least 50% of the parcels within the survey area contain nonagricultural or

2103     nonaccessory buildings or improvements used or intended for residential, commercial,
2104     industrial, or other urban purposes;
2105          (iv) the present condition or use of the survey area substantially impairs the sound
2106     growth of the community, delays the provision of housing accommodations, constitutes an
2107     economic liability, or is detrimental to the public health, safety, or welfare, as shown by the
2108     existence within the survey area of at least four of the following factors:
2109          (A) although sometimes interspersed with well maintained buildings and infrastructure,
2110     substantial physical dilapidation, deterioration, or defective construction of buildings or
2111     infrastructure, or significant noncompliance with current building code, safety code, health
2112     code, or fire code requirements or local ordinances;
2113          (B) unsanitary or unsafe conditions in the survey area that threaten the health, safety, or
2114     welfare of the community;
2115          (C) environmental hazards, as defined in state or federal law, which require
2116     remediation as a condition for current or future use and development;
2117          (D) excessive vacancy, abandoned buildings, or vacant lots within an area zoned for
2118     urban use and served by utilities;
2119          (E) abandoned or outdated facilities that pose a threat to public health, safety, or
2120     welfare;
2121          (F) criminal activity in the survey area, higher than that of comparable [nonblighted]
2122     areas in the municipality or county that are without a development impediment; and
2123          (G) defective or unusual conditions of title rendering the title nonmarketable; and
2124          (v) (A) at least 50% of the privately owned parcels within the survey area are affected
2125     by at least one of the factors, but not necessarily the same factor, listed in Subsection (1)(a)(iv);
2126     and
2127          (B) the affected parcels comprise at least 66% of the privately owned acreage within
2128     the survey area; or
2129          (b) the survey area includes some or all of:
2130          (i) a superfund site;
2131          (ii) a site used for the disposal of solid waste or hazardous waste, as those terms are
2132     defined in Section 19-6-102;
2133          (iii) an inactive industrial site; or

2134          (iv) an inactive airport site.
2135          (2) A single parcel comprising 10% or more of the acreage within the survey area may
2136     not be counted as satisfying the requirement described in Subsection (1)(a)(iii) or (iv) unless at
2137     least 50% of the area of the parcel is occupied by buildings or improvements.
2138          (3) (a) Except as provided in Subsection (3)(b), for purposes of Subsection (1), if a
2139     participant or proposed participant involved in the project area development has caused a
2140     condition listed in Subsection (1)(a)(iv) within the survey area, that condition may not be used
2141     in the determination of [blight] a development impediment.
2142          (b) Subsection (3)(a) does not apply to a condition that was caused by an owner or
2143     tenant who later becomes a participant.
2144          Section 41. Section 17C-5-406 is amended to read:
2145          17C-5-406. Challenging a finding of development impediment determination --
2146     Time limit -- Standards governing court review.
2147          (1) If a board makes a [finding of blight] development impediment determination
2148     under Subsection 17C-5-402(2)(c)(ii) [and the finding is approved by resolution adopted by the
2149     taxing entity committee], a record owner of property located within the survey area may
2150     challenge the [finding] determination by filing an action in the district court in the county in
2151     which the property is located no later than 30 days after the day on which the board makes the
2152     determination.
2153          [(2) A person shall file an action under Subsection (1) no later than 30 days after the
2154     day on which the taxing entity committee approves the board's finding of blight.]
2155          [(3)] (2) In an action under this section:
2156          (a) the agency shall transmit to the district court the record of the agency's proceedings,
2157     including any minutes, findings, determinations, orders, or transcripts of the agency's
2158     proceedings;
2159          (b) the district court shall review the [finding of blight] development impediment
2160     determination under the standards of review provided in Subsection 10-9a-801(3); and
2161          (c) (i) if there is a record:
2162          (A) the district court's review is limited to the record provided by the agency; and
2163          (B) the district court may not accept or consider any evidence outside the record of the
2164     agency, unless the evidence was offered to the agency and the district court determines that the

2165     agency improperly excluded the evidence; or
2166          (ii) if there is no record, the district court may call witnesses and take evidence.
2167          Ŝ→ [
Section 42. Coordinating H.B. 245 with S.B. 98 -- Substantive amendments.
2168          If this H.B. 245 and S.B. 98, Community Reinvestment Agency Amendments, both
2169     pass and become law, it is the intent of the Legislature that Section 17C-5-202 shall be
2170     amended to read:
2171          "17C-5-202. Community reinvestment project area funding options.
2172          (1) (a) [Except] Beginning on May 14, 2019, and except as provided in Subsection (2),
2173     for the purpose of receiving project area funds for use within a community reinvestment project
2174     area, an agency shall negotiate and enter into an interlocal agreement with a taxing entity in
2175     accordance with Section 17C-5-204 to receive all or a portion of the taxing entity's tax
2176     increment or sales and use tax revenue in accordance with the interlocal agreement.
2177          (b) If a community reinvestment project area is subject to an interlocal agreement
2178     under Subsection (1)(a) and the agency subsequently amends the community reinvestment
2179     project area plan as described in Subsection 17C-5-112(4), the agency shall continue to receive
2180     project area funds under the interlocal agreement.
2181          [(2) If an agency plans to create a community reinvestment project area and adopt a
2182     community reinvestment project area plan that provides for the use of eminent domain to
2183     acquire property within the community reinvestment project area, the agency shall create a
2184     taxing entity committee as described in Section 17C-1-402 and receive tax increment in
2185     accordance with Section 17C-5-203.]
2186          [(3) An agency shall comply with Chapter 5, Part 3, Community Reinvestment Project
2187     Area Budget, regardless of whether an agency enters into an interlocal agreement under
2188     Subsection (1) or creates a taxing entity committee under Subsection (2).]
2189          (2) Notwithstanding Subsection (1), an agency may receive tax increment in
2190     accordance with Section 17C-5-203 if the agency created a community reinvestment project
2191     area before May 14, 2019, that is subject to a taxing entity committee and provides for the use
2192     of eminent domain to acquire property within the community reinvestment project area.
2193          (3) Regardless of whether an agency enters into an interlocal agreement under
2194     Subsection (1) or receives tax increment under Subsection (2), an agency:
2195          (a) shall comply with Part 3, Community Reinvestment Project Area Budget; and

2196     ☆     (b) except as provided in Subsection 17C-1-409(6)(b), may not pay a taxing entity that
2197     is not the community that created the agency a one-time or ongoing:
2198          (i) administrative fee; or
2199          (ii) fee related to the creation, operation, or administration of a project area."
] ←Ŝ