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          None
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     

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

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

114          (ii) A municipal legislative body's determination of value received is presumed valid
115     unless [it can be shown] a person can show that the determination was arbitrary, capricious, or
116     illegal.
117          (c) The municipality may consider intangible benefits received by the municipality in
118     determining net value received.
119          (d) (i) [Prior to] Before the municipal legislative body [making] makes any decision to
120     appropriate any funds for a corporate purpose under this section, [a public hearing shall be
121     held] the municipal legislative body shall hold a public hearing.
122          (ii) [Notice of the hearing described in Subsection (3)(d)(i) shall be published] The
123     municipal legislative body shall publish a notice of the hearing described in Subsection
124     (3)(d)(i):
125          (A) [(I)] in a newspaper of general circulation at least 14 days before the date of the
126     hearing[;] or, [(II) ] if there is no newspaper of general circulation, by posting notice in at least
127     three conspicuous places within the municipality for the same time period; and
128          (B) on the Utah Public Notice Website created in Section 63F-1-701, at least 14 days
129     before the date of the hearing.
130          [(e) A study shall be performed before notice of the public hearing is given and shall be
131     made available at the municipality for review by interested parties at least 14 days immediately
132     prior to the public hearing, setting forth an analysis and demonstrating the purpose for the
133     appropriation. In making the study, the following factors shall be considered:]
134          (e) (i) Before a municipality provides notice as described in Subsection (3)(d)(ii), the
135     municipality shall perform a study that analyzes and demonstrates the purpose for an
136     appropriation described in this Subsection (3) in accordance with Subsection (3)(e)(iii).
137          (ii) A municipality shall make the study described in Subsection (3)(e)(i) available at
138     the municipality for review by interested parties at least 14 days immediately before the public
139     hearing described in Subsection (3)(d)(i).
140          (iii) A municipality shall consider the following factors when conducting the study
141     described in Subsection (3)(e)(i):

142          [(i)] (A) what identified benefit the municipality will receive in return for any money or
143     resources appropriated;
144          [(ii)] (B) the municipality's purpose for the appropriation, including an analysis of the
145     way the appropriation will be used to enhance the safety, health, prosperity, moral well-being,
146     peace, order, comfort, or convenience of the inhabitants of the municipality; and
147          [(iii)] (C) whether the appropriation is necessary and appropriate to accomplish the
148     reasonable goals and objectives of the municipality in the area of economic development, job
149     creation, affordable housing, [blight] elimination of a development impediment, job
150     preservation, the preservation of historic structures and property, and any other public purpose.
151          (f) (i) An appeal may be taken from a final decision of the municipal legislative body,
152     to make an appropriation.
153          (ii) [The appeal shall be filed within 30 days after the date of that decision, to the
154     district court.] A person shall file an appeal as described in Subsection (3)(f)(i) with the district
155     court within 30 days after the day on which the municipal legislative body makes a decision.
156          (iii) Any appeal shall be based on the record of the proceedings before the legislative
157     body.
158          (iv) A decision of the municipal legislative body shall be presumed to be valid unless
159     the appealing party shows that the decision was arbitrary, capricious, or illegal.
160          (g) The provisions of this Subsection (3) apply only to those appropriations made after
161     May 6, 2002.
162          (h) This section applies only to appropriations not otherwise approved pursuant to Title
163     10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6, Uniform
164     Fiscal Procedures Act for Utah Cities.
165          (4) (a) Before a municipality may dispose of a significant parcel of real property, the
166     municipality shall:
167          (i) provide reasonable notice of the proposed disposition at least 14 days before the
168     opportunity for public comment under Subsection (4)(a)(ii); and
169          (ii) allow an opportunity for public comment on the proposed disposition.

170          (b) Each municipality shall, by ordinance, define what constitutes:
171          (i) a significant parcel of real property for purposes of Subsection (4)(a); and
172          (ii) reasonable notice for purposes of Subsection (4)(a)(i).
173          (5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
174     real property for the purpose of expanding the municipality's infrastructure or other facilities
175     used for providing services that the municipality offers or intends to offer shall provide written
176     notice, as provided in this Subsection (5), of its intent to acquire the property if:
177          (i) the property is located:
178          (A) outside the boundaries of the municipality; and
179          (B) in a county of the first or second class; and
180          (ii) the intended use of the property is contrary to:
181          (A) the anticipated use of the property under the general plan of the county in whose
182     unincorporated area or the municipality in whose boundaries the property is located; or
183          (B) the property's current zoning designation.
184          (b) Each notice under Subsection (5)(a) shall:
185          (i) indicate that the municipality intends to acquire real property;
186          (ii) identify the real property; and
187          (iii) be sent to:
188          (A) each county in whose unincorporated area and each municipality in whose
189     boundaries the property is located; and
190          (B) each affected entity.
191          (c) A notice under this Subsection (5) is a protected record as provided in Subsection
192     63G-2-305(8).
193          (d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
194     previously provided notice under Section 10-9a-203 identifying the general location within the
195     municipality or unincorporated part of the county where the property to be acquired is located.
196          (ii) If a municipality is not required to comply with the notice requirement of
197     Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide

198     the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real
199     property.
200          Section 2. Section 10-9a-403 is amended to read:
201          10-9a-403. General plan preparation.
202          (1) (a) The planning commission shall provide notice, as provided in Section
203     10-9a-203, of its intent to make a recommendation to the municipal legislative body for a
204     general plan or a comprehensive general plan amendment when the planning commission
205     initiates the process of preparing its recommendation.
206          (b) The planning commission shall make and recommend to the legislative body a
207     proposed general plan for the area within the municipality.
208          (c) The plan may include areas outside the boundaries of the municipality if, in the
209     planning commission's judgment, those areas are related to the planning of the municipality's
210     territory.
211          (d) Except as otherwise provided by law or with respect to a municipality's power of
212     eminent domain, when the plan of a municipality involves territory outside the boundaries of
213     the municipality, the municipality may not take action affecting that territory without the
214     concurrence of the county or other municipalities affected.
215          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
216     and descriptive and explanatory matter, shall include the planning commission's
217     recommendations for the following plan elements:
218          (i) a land use element that:
219          (A) designates the long-term goals and the proposed extent, general distribution, and
220     location of land for housing, business, industry, agriculture, recreation, education, public
221     buildings and grounds, open space, and other categories of public and private uses of land as
222     appropriate; and
223          (B) may include a statement of the projections for and standards of population density
224     and building intensity recommended for the various land use categories covered by the plan;
225          (ii) a transportation and traffic circulation element consisting of the general location

226     and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
227     any other modes of transportation that the planning commission considers appropriate, all
228     correlated with the population projections and the proposed land use element of the general
229     plan; and
230          (iii) for a municipality described in Subsection 10-9a-401(3)(b), a plan that provides a
231     realistic opportunity to meet the need for additional moderate income housing.
232          (b) In drafting the moderate income housing element, the planning commission:
233          (i) shall consider the Legislature's determination that municipalities shall facilitate a
234     reasonable opportunity for a variety of housing, including moderate income housing:
235          (A) to meet the needs of people desiring to live in the community; and
236          (B) to allow persons with moderate incomes to benefit from and fully participate in all
237     aspects of neighborhood and community life; and
238          (ii) for a town, may include, and for other municipalities, shall include, an analysis of
239     why the recommended means, techniques, or combination of means and techniques provide a
240     realistic opportunity for the development of moderate income housing within the next five
241     years, which means or techniques may include a recommendation to:
242          (A) rezone for densities necessary to assure the production of moderate income
243     housing;
244          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
245     construction of moderate income housing;
246          (C) encourage the rehabilitation of existing uninhabitable housing stock into moderate
247     income housing;
248          (D) consider general fund subsidies to waive construction related fees that are
249     otherwise generally imposed by the city;
250          (E) consider utilization of state or federal funds or tax incentives to promote the
251     construction of moderate income housing;
252          (F) consider utilization of programs offered by the Utah Housing Corporation within
253     that agency's funding capacity;

254          (G) consider utilization of affordable housing programs administered by the
255     Department of Workforce Services; and
256          (H) consider utilization of programs administered by an association of governments
257     established by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act.
258          (c) In drafting the land use element, the planning commission shall:
259          (i) identify and consider each agriculture protection area within the municipality; and
260          (ii) avoid proposing a use of land within an agriculture protection area that is
261     inconsistent with or detrimental to the use of the land for agriculture.
262          (3) The proposed general plan may include:
263          (a) an environmental element that addresses:
264          (i) the protection, conservation, development, and use of natural resources, including
265     the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
266     and other natural resources; and
267          (ii) the reclamation of land, flood control, prevention and control of the pollution of
268     streams and other waters, regulation of the use of land on hillsides, stream channels and other
269     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
270     protection of watersheds and wetlands, and the mapping of known geologic hazards;
271          (b) a public services and facilities element showing general plans for sewage, water,
272     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
273     police and fire protection, and other public services;
274          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
275     programs for:
276          (i) historic preservation;
277          (ii) the diminution or elimination of [blight] a development impediment as defined in
278     Section 17C-1-102; and
279          (iii) redevelopment of land, including housing sites, business and industrial sites, and
280     public building sites;
281          (d) an economic element composed of appropriate studies and forecasts, as well as an

282     economic development plan, which may include review of existing and projected municipal
283     revenue and expenditures, revenue sources, identification of basic and secondary industry,
284     primary and secondary market areas, employment, and retail sales activity;
285          (e) recommendations for implementing all or any portion of the general plan, including
286     the use of land use ordinances, capital improvement plans, community development and
287     promotion, and any other appropriate action;
288          (f) provisions addressing any of the matters listed in Subsection 10-9a-401(2) or (3);
289     and
290          (g) any other element the municipality considers appropriate.
291          Section 3. Section 11-58-601 is amended to read:
292          11-58-601. Port authority receipt and use of property tax differential --
293     Distribution of property tax differential.
294          (1) (a) The authority may:
295          (i) subject to Subsections (1)(b), (c), and (d), receive up to 100% of the property tax
296     differential for a period ending up to 25 years after a certificate of occupancy is issued with
297     respect to improvements on a parcel, as determined by the board and as provided in this part;
298     and
299          (ii) use the property tax differential during and after the period described in Subsection
300     (1)(a)(i).
301          (b) With respect to a parcel located within a project area, the 25-year period described
302     in Subsection (1)(a)(i) begins on the day on which the authority receives the first property tax
303     differential from that parcel.
304          (c) The authority may not receive property tax differential from an area included within
305     a community reinvestment project area[, as defined in Section 17C-1-102,] under a community
306     reinvestment project area plan, as defined in Section 17C-1-102, adopted before March 1,
307     2018, from a taxing entity that has, before March 1, 2018, entered into a fully executed, legally
308     binding agreement under which the taxing entity agrees to the use of its tax increment, as
309     defined in Section 17C-1-102, under the community reinvestment project area plan.

310          (d) The authority shall pay to a community reinvestment agency 10% of the property
311     tax differential generated from land located within that community reinvestment agency, to be
312     used for affordable housing as provided in Section 17C-1-412.
313          (2) A county that collects property tax on property within a project area shall pay and
314     distribute to the authority the property tax differential that the authority is entitled to collect
315     under this title, in the manner and at the time provided in Section 59-2-1365.
316          (3) (a) The board shall determine by resolution when the entire project area or an
317     individual parcel within a project area is subject to property tax differential.
318          (b) The board shall amend the project area budget to reflect whether a parcel within a
319     project area is subject to property tax differential.
320          Section 4. Section 17-27a-403 is amended to read:
321          17-27a-403. Plan preparation.
322          (1) (a) The planning commission shall provide notice, as provided in Section
323     17-27a-203, of its intent to make a recommendation to the county legislative body for a general
324     plan or a comprehensive general plan amendment when the planning commission initiates the
325     process of preparing its recommendation.
326          (b) The planning commission shall make and recommend to the legislative body a
327     proposed general plan for:
328          (i) the unincorporated area within the county; or
329          (ii) if the planning commission is a planning commission for a mountainous planning
330     district, the mountainous planning district.
331          (c) (i) The plan may include planning for incorporated areas if, in the planning
332     commission's judgment, they are related to the planning of the unincorporated territory or of
333     the county as a whole.
334          (ii) Elements of the county plan that address incorporated areas are not an official plan
335     or part of a municipal plan for any municipality, unless it is recommended by the municipal
336     planning commission and adopted by the governing body of the municipality.
337          (iii) Notwithstanding Subsection (1)(c)(ii), if property is located in a mountainous

338     planning district, the plan for the mountainous planning district controls and precedes a
339     municipal plan, if any, to which the property would be subject.
340          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
341     and descriptive and explanatory matter, shall include the planning commission's
342     recommendations for the following plan elements:
343          (i) a land use element that:
344          (A) designates the long-term goals and the proposed extent, general distribution, and
345     location of land for housing, business, industry, agriculture, recreation, education, public
346     buildings and grounds, open space, and other categories of public and private uses of land as
347     appropriate; and
348          (B) may include a statement of the projections for and standards of population density
349     and building intensity recommended for the various land use categories covered by the plan;
350          (ii) a transportation and traffic circulation element consisting of the general location
351     and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
352     any other modes of transportation that the planning commission considers appropriate, all
353     correlated with the population projections and the proposed land use element of the general
354     plan;
355          (iii) a plan for the development of additional moderate income housing within the
356     unincorporated area of the county or the mountainous planning district, and a plan to provide a
357     realistic opportunity to meet the need for additional moderate income housing; and
358          (iv) before May 1, 2017, a resource management plan detailing the findings, objectives,
359     and policies required by Subsection 17-27a-401(3).
360          (b) In drafting the moderate income housing element, the planning commission:
361          (i) shall consider the Legislature's determination that counties should facilitate a
362     reasonable opportunity for a variety of housing, including moderate income housing:
363          (A) to meet the needs of people desiring to live there; and
364          (B) to allow persons with moderate incomes to benefit from and fully participate in all
365     aspects of neighborhood and community life; and

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

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

422          (1) A county may not give or lend its credit to or in aid of any person or corporation,
423     or, except as provided in Subsection (3), appropriate money in aid of any private enterprise.
424          (2) (a) A county may borrow money in anticipation of the collection of taxes and other
425     county revenues in the manner and subject to the conditions of Title 11, Chapter 14, Local
426     Government Bonding Act.
427          (b) A county may incur indebtedness under Subsection (2)(a) for any purpose for which
428     funds of the county may be expended.
429          (3) (a) A county may appropriate money to or provide nonmonetary assistance to a
430     nonprofit entity, or waive fees required to be paid by a nonprofit entity, if, in the judgment of
431     the county legislative body, the assistance contributes to the safety, health, prosperity, moral
432     well-being, peace, order, comfort, or convenience of county residents.
433          (b) A county may appropriate money to a nonprofit entity from the county's own funds
434     or from funds the county receives from the state or any other source.
435          (4) (a) As used in this Subsection (4):
436          (i) "Private enterprise" means a person that engages in an activity for profit.
437          (ii) "Project" means an activity engaged in by a private enterprise.
438          (b) A county may appropriate money in aid of a private enterprise project if:
439          (i) subject to Subsection (4)(c), the county receives value in return for the money
440     appropriated; and
441          (ii) in the judgment of the county legislative body, the private enterprise project
442     provides for the safety, health, prosperity, moral well-being, peace, order, comfort, or
443     convenience of the county residents.
444          (c) The county shall measure the net value received by the county for money
445     appropriated by the county to a private entity on a project-by-project basis over the life of the
446     project.
447          (d) (i) Before a county legislative body may appropriate funds in aid of a private
448     enterprise project under this Subsection (4), the county legislative body shall:
449          (A) adopt by ordinance criteria to determine what value, if any, the county will receive

450     in return for money appropriated under this Subsection (4);
451          (B) conduct a study as described in Subsection (4)(e) on the proposed appropriation
452     and private enterprise project; and
453          (C) post notice, subject to Subsection (4)(f), and hold a public hearing on the proposed
454     appropriation and the private enterprise project.
455          (ii) The county legislative body may consider an intangible benefit as a value received
456     by the county.
457          (e) (i) Before publishing or posting notice in accordance with Subsection (4)(f), the
458     county shall study:
459          (A) any value the county will receive in return for money or resources appropriated to a
460     private entity;
461          (B) the county's purpose for the appropriation, including an analysis of the way the
462     appropriation will be used to enhance the safety, health, prosperity, moral well-being, peace,
463     order, comfort, or convenience of the county residents; and
464          (C) whether the appropriation is necessary and appropriate to accomplish the
465     reasonable goals and objectives of the county in the area of economic development, job
466     creation, affordable housing, [blight] elimination of a development impediment, as defined in
467     Section 17C-1-102, job preservation, the preservation of historic structures, analyzing and
468     improving county government structure or property, or any other public purpose.
469          (ii) The county shall:
470          (A) prepare a written report of the results of the study; and
471          (B) make the report available to the public at least 14 days immediately prior to the
472     scheduled day of the public hearing described in Subsection (4)(d)(i)(C).
473          (f) The county shall publish notice of the public hearing required in Subsection
474     (4)(d)(i)(C):
475          (i) in a newspaper of general circulation at least 14 days before the date of the hearing
476     or, if there is no newspaper of general circulation, by posting notice in at least three
477     conspicuous places within the county for the same time period; and

478          (ii) on the Utah Public Notice Website created in Section 63F-1-701, at least 14 days
479     before the date of the hearing.
480          (g) (i) A person may appeal the decision of the county legislative body to appropriate
481     funds under this Subsection (4).
482          (ii) A person shall file an appeal with the district court within 30 days after the day on
483     which the legislative body adopts an ordinance or approves a budget to appropriate the funds.
484          (iii) A court shall:
485          (A) presume that an ordinance adopted or appropriation made under this Subsection (4)
486     is valid; and
487          (B) determine only whether the ordinance or appropriation is arbitrary, capricious, or
488     illegal.
489          (iv) A determination of illegality requires a determination that the decision or
490     ordinance violates a law, statute, or ordinance in effect at the time the decision was made or the
491     ordinance was adopted.
492          (v) The district court's review is limited to:
493          (A) a review of the criteria adopted by the county legislative body under Subsection
494     (4)(d)(i)(A);
495          (B) the record created by the county legislative body at the public hearing described in
496     Subsection (4)(d)(i)(C); and
497          (C) the record created by the county in preparation of the study and the study itself as
498     described in Subsection (4)(e).
499          (vi) If there is no record, the court may call witnesses and take evidence.
500          (h) This section applies only to an appropriation not otherwise approved in accordance
501     with Title 17, Chapter 36, Uniform Fiscal Procedures Act for Counties.
502          Section 6. Section 17C-1-102 is amended to read:
503          17C-1-102. Definitions.
504          As used in this title:
505          (1) "Active project area" means a project area that has not been dissolved in accordance

506     with Section 17C-1-702.
507          (2) "Adjusted tax increment" means the percentage of tax increment, if less than 100%,
508     that an agency is authorized to receive :
509          (a) for a pre-July 1, 1993, project area plan, under Section 17C-1-403, excluding tax
510     increment under Subsection 17C-1-403(3);
511          (b) for a post-June 30, 1993, project area plan, under Section 17C-1-404, excluding tax
512     increment under Section 17C-1-406;
513          (c) under a project area budget approved by a taxing entity committee; or
514          (d) under an interlocal agreement that authorizes the agency to receive a taxing entity's
515     tax increment.
516          (3) "Affordable housing" means housing owned or occupied by a low or moderate
517     income family, as determined by resolution of the agency.
518          (4) "Agency" or "community reinvestment agency" means a separate body corporate
519     and politic, created under Section 17C-1-201.5 or as a redevelopment agency or community
520     development and renewal agency under previous law:
521          (a) that is a political subdivision of the state;
522          (b) that is created to undertake or promote project area development as provided in this
523     title; and
524          (c) whose geographic boundaries are coterminous with:
525          (i) for an agency created by a county, the unincorporated area of the county; and
526          (ii) for an agency created by a municipality, the boundaries of the municipality.
527          (5) "Agency funds" means money that an agency collects or receives for agency
528     operations, implementing a project area plan, or other agency purposes, including:
529          (a) project area funds;
530          (b) income, proceeds, revenue, or property derived from or held in connection with the
531     agency's undertaking and implementation of project area development; or
532          (c) a contribution, loan, grant, or other financial assistance from any public or private
533     source.

534          (6) "Annual income" means the same as that term is defined in regulations of the
535     United States Department of Housing and Urban Development, 24 C.F.R. Sec. 5.609, as
536     amended or as superseded by replacement regulations.
537          (7) "Assessment roll" means the same as that term is defined in Section 59-2-102.
538          (8) "Base taxable value" means, unless otherwise adjusted in accordance with
539     provisions of this title, a property's taxable value as shown upon the assessment roll last
540     equalized during the base year.
541          (9) "Base year" means, except as provided in Subsection 17C-1-402(4)(c), the year
542     during which the assessment roll is last equalized:
543          (a) for a pre-July 1, 1993, urban renewal or economic development project area plan,
544     before the project area plan's effective date;
545          (b) for a post-June 30, 1993, urban renewal or economic development project area
546     plan, or a community reinvestment project area plan that is subject to a taxing entity
547     committee:
548          (i) before the date on which the taxing entity committee approves the project area
549     budget; or
550          (ii) if taxing entity committee approval is not required for the project area budget,
551     before the date on which the community legislative body adopts the project area plan;
552          (c) for a project on an inactive airport site, after the later of:
553          (i) the date on which the inactive airport site is sold for remediation and development;
554     or
555          (ii) the date on which the airport that operated on the inactive airport site ceased
556     operations; or
557          (d) for a community development project area plan or a community reinvestment
558     project area plan that is subject to an interlocal agreement, as described in the interlocal
559     agreement.
560          (10) "Basic levy" means the portion of a school district's tax levy constituting the
561     minimum basic levy under Section 59-2-902.

562          [(11) "Blight" or "blighted" means the condition of an area that meets the requirements
563     described in Subsection 17C-2-303(1) for an urban renewal project area or Section 17C-5-405
564     for a community reinvestment project area.]
565          [(12) "Blight hearing" means a public hearing regarding whether blight exists within a
566     proposed:]
567          [(a) urban renewal project area under Subsection 17C-2-102(1)(a)(i)(C) and Section
568     17C-2-302; or]
569          [(b) community reinvestment project area under Section 17C-5-405.]
570          [(13) "Blight study" means a study to determine whether blight exists within a survey
571     area as described in Section 17C-2-301 for an urban renewal project area or Section 17C-5-403
572     for a community reinvestment project area.]
573          [(14)] (11) "Board" means the governing body of an agency, as described in Section
574     17C-1-203.
575          [(15)] (12) "Budget hearing" means the public hearing on a proposed project area
576     budget required under Subsection 17C-2-201(2)(d) for an urban renewal project area budget,
577     Subsection 17C-3-201(2)(d) for an economic development project area budget, or Subsection
578     17C-5-302(2)(e) for a community reinvestment project area budget.
579          [(16)] (13) "Closed military base" means land within a former military base that the
580     Defense Base Closure and Realignment Commission has voted to close or realign when that
581     action has been sustained by the president of the United States and Congress.
582          [(17)] (14) "Combined incremental value" means the combined total of all incremental
583     values from all project areas, except project areas that contain some or all of a military
584     installation or inactive industrial site, within the agency's boundaries under project area plans
585     and project area budgets at the time that a project area budget for a new project area is being
586     considered.
587          [(18)] (15) "Community" means a county or municipality.
588          [(19)] (16) "Community development project area plan" means a project area plan
589     adopted under Chapter 4, Part 1, Community Development Project Area Plan.

590          [(20)] (17) "Community legislative body" means the legislative body of the community
591     that created the agency.
592          [(21)] (18) "Community reinvestment project area plan" means a project area plan
593     adopted under Chapter 5, Part 1, Community Reinvestment Project Area Plan.
594          [(22)] (19) "Contest" means to file a written complaint in the district court of the
595     county in which the agency is located.
596          (20) "Development impediment" means a condition of an area that meets the
597     requirements described in Section 17C-2-303 for an urban renewal project area or Section
598     17C-5-405 for a community reinvestment project area.
599          (21) "Development impediment hearing" means a public hearing regarding whether a
600     development impediment exists within a proposed:
601          (a) urban renewal project area under Subsection 17C-2-102(1)(a)(i)(C) and Section
602     17C-2-302; or
603          (b) community reinvestment project area under Section 17C-5-404.
604          (22) "Development impediment study" means a study to determine whether a
605     development impediment exists within a survey area as described in Section 17C-2-301 for an
606     urban renewal project area or Section 17C-5-403 for a community reinvestment project area.
607          (23) "Economic development project area plan" means a project area plan adopted
608     under Chapter 3, Part 1, Economic Development Project Area Plan.
609          (24) "Fair share ratio" means the ratio derived by:
610          (a) for a municipality, comparing the percentage of all housing units within the
611     municipality that are publicly subsidized income targeted housing units to the percentage of all
612     housing units within the county in which the municipality is located that are publicly
613     subsidized income targeted housing units; or
614          (b) for the unincorporated part of a county, comparing the percentage of all housing
615     units within the unincorporated county that are publicly subsidized income targeted housing
616     units to the percentage of all housing units within the whole county that are publicly subsidized
617     income targeted housing units.

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

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

674          (38) "Municipality" means a city, town, or metro township as defined in Section
675     10-2a-403.
676          (39) "Participant" means one or more persons that enter into a participation agreement
677     with an agency.
678          (40) "Participation agreement" means a written agreement between a person and an
679     agency that:
680          (a) includes a description of:
681          (i) the project area development that the person will undertake;
682          (ii) the amount of project area funds the person may receive; and
683          (iii) the terms and conditions under which the person may receive project area funds;
684     and
685          (b) is approved by resolution of the board.
686          (41) "Plan hearing" means the public hearing on a proposed project area plan required
687     under Subsection 17C-2-102(1)(a)(vi) for an urban renewal project area plan, Subsection
688     17C-3-102(1)(d) for an economic development project area plan, Subsection 17C-4-102(1)(d)
689     for a community development project area plan, or Subsection 17C-5-104(3)(e) for a
690     community reinvestment project area plan.
691          (42) "Post-June 30, 1993, project area plan" means a project area plan adopted on or
692     after July 1, 1993, and before May 10, 2016, whether or not amended subsequent to the project
693     area plan's adoption.
694          (43) "Pre-July 1, 1993, project area plan" means a project area plan adopted before July
695     1, 1993, whether or not amended subsequent to the project area plan's adoption.
696          (44) "Private," with respect to real property, means property not owned by a public
697     entity or any other governmental entity.
698          (45) "Project area" means the geographic area described in a project area plan within
699     which the project area development described in the project area plan takes place or is
700     proposed to take place.
701          (46) "Project area budget" means a multiyear projection of annual or cumulative

702     revenues and expenses and other fiscal matters pertaining to a project area prepared in
703     accordance with:
704          (a) for an urban renewal project area, Section [17C-2-202] 17C-2-201;
705          (b) for an economic development project area, Section [17C-3-202] 17C-3-201;
706          (c) for a community development project area, Section 17C-4-204; or
707          (d) for a community reinvestment project area, Section 17C-5-302.
708          (47) "Project area development" means activity within a project area that, as
709     determined by the board, encourages, promotes, or provides development or redevelopment for
710     the purpose of implementing a project area plan, including:
711          (a) promoting, creating, or retaining public or private jobs within the state or a
712     community;
713          (b) providing office, manufacturing, warehousing, distribution, parking, or other
714     facilities or improvements;
715          (c) planning, designing, demolishing, clearing, constructing, rehabilitating, or
716     remediating environmental issues;
717          (d) providing residential, commercial, industrial, public, or other structures or spaces,
718     including recreational and other facilities incidental or appurtenant to the structures or spaces;
719          (e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating
720     existing structures;
721          (f) providing open space, including streets or other public grounds or space around
722     buildings;
723          (g) providing public or private buildings, infrastructure, structures, or improvements;
724          (h) relocating a business;
725          (i) improving public or private recreation areas or other public grounds;
726          (j) eliminating [blight] a development impediment or the causes of [blight] a
727     development impediment;
728          (k) redevelopment as defined under the law in effect before May 1, 2006; or
729          (l) any activity described in this Subsection (47) outside of a project area that the board

730     determines to be a benefit to the project area.
731          (48) "Project area funds" means tax increment or sales and use tax revenue that an
732     agency receives under a project area budget adopted by a taxing entity committee or an
733     interlocal agreement.
734          (49) "Project area funds collection period" means the period of time that:
735          (a) begins the day on which the first payment of project area funds is distributed to an
736     agency under a project area budget approved by a taxing entity committee or an interlocal
737     agreement; and
738          (b) ends the day on which the last payment of project area funds is distributed to an
739     agency under a project area budget approved by a taxing entity committee or an interlocal
740     agreement.
741          (50) "Project area plan" means an urban renewal project area plan, an economic
742     development project area plan, a community development project area plan, or a community
743     reinvestment project area plan that, after the project area plan's effective date, guides and
744     controls the project area development.
745          (51) (a) "Property tax" means each levy on an ad valorem basis on tangible or
746     intangible personal or real property.
747          (b) "Property tax" includes a privilege tax imposed under Title 59, Chapter 4, Privilege
748     Tax.
749          (52) "Public entity" means:
750          (a) the United States, including an agency of the United States;
751          (b) the state, including any of the state's departments or agencies; or
752          (c) a political subdivision of the state, including a county, municipality, school district,
753     local district, special service district, community reinvestment agency, or interlocal cooperation
754     entity.
755          (53) "Publicly owned infrastructure and improvements" means water, sewer, storm
756     drainage, electrical, natural gas, telecommunication, or other similar systems and lines, streets,
757     roads, curb, gutter, sidewalk, walkways, parking facilities, public transportation facilities, or

758     other facilities, infrastructure, and improvements benefitting the public and to be publicly
759     owned or publicly maintained or operated.
760          (54) "Record property owner" or "record owner of property" means the owner of real
761     property, as shown on the records of the county in which the property is located, to whom the
762     property's tax notice is sent.
763          (55) "Sales and use tax revenue" means revenue that is:
764          (a) generated from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act;
765     and
766          (b) distributed to a taxing entity in accordance with Sections 59-12-204 and 59-12-205.
767          (56) "Superfund site":
768          (a) means an area included in the National Priorities List under the Comprehensive
769     Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9605; and
770          (b) includes an area formerly included in the National Priorities List, as described in
771     Subsection (56)(a), but removed from the list following remediation that leaves on site the
772     waste that caused the area to be included in the National Priorities List.
773          (57) "Survey area" means a geographic area designated for study by a survey area
774     resolution to determine whether:
775          (a) one or more project areas within the survey area are feasible; or
776          (b) [blight] a development impediment exists within the survey area.
777          (58) "Survey area resolution" means a resolution adopted by a board that designates a
778     survey area.
779          (59) "Taxable value" means:
780          (a) the taxable value of all real property a county assessor assesses in accordance with
781     Title 59, Chapter 2, Part 3, County Assessment, for the current year;
782          (b) the taxable value of all real and personal property the commission assesses in
783     accordance with Title 59, Chapter 2, Part 2, Assessment of Property, for the current year; and
784          (c) the year end taxable value of all personal property a county assessor assesses in
785     accordance with Title 59, Chapter 2, Part 3, County Assessment, contained on the prior year's

786     tax rolls of the taxing entity.
787          (60) (a) "Tax increment" means the difference between:
788          (i) the amount of property tax revenue generated each tax year by a taxing entity from
789     the area within a project area designated in the project area plan as the area from which tax
790     increment is to be collected, using the current assessed value of the property; and
791          (ii) the amount of property tax revenue that would be generated from that same area
792     using the base taxable value of the property.
793          (b) "Tax increment" does not include taxes levied and collected under Section
794     59-2-1602 on or after January 1, 1994, upon the taxable property in the project area unless:
795          (i) the project area plan was adopted before May 4, 1993, whether or not the project
796     area plan was subsequently amended; and
797          (ii) the taxes were pledged to support bond indebtedness or other contractual
798     obligations of the agency.
799          (61) "Taxing entity" means a public entity that:
800          (a) levies a tax on property located within a project area; or
801          (b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act.
802          (62) "Taxing entity committee" means a committee representing the interests of taxing
803     entities, created in accordance with Section 17C-1-402.
804          (63) "Unincorporated" means not within a municipality.
805          (64) "Urban renewal project area plan" means a project area plan adopted under
806     Chapter 2, Part 1, Urban Renewal Project Area Plan.
807          Section 7. Section 17C-1-207 is amended to read:
808          17C-1-207. Public entities may assist with project area development.
809          (1) In order to assist and cooperate in the planning, undertaking, construction, or
810     operation of project area development within an area in which the public entity is authorized to
811     act, a public entity may:
812          (a) (i) provide or cause to be furnished:
813          (A) parks, playgrounds, or other recreational facilities;

814          (B) community, educational, water, sewer, or drainage facilities; or
815          (C) any other works which the public entity is otherwise empowered to undertake;
816          (ii) provide, furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or
817     replan streets, roads, roadways, alleys, sidewalks, or other places;
818          (iii) in any part of the project area:
819          (A) (I) plan or replan any property within the project area;
820          (II) plat or replat any property within the project area;
821          (III) vacate a plat;
822          (IV) amend a plat; or
823          (V) zone or rezone any property within the project area; and
824          (B) make any legal exceptions from building regulations and ordinances;
825          (iv) purchase or legally invest in any of the bonds of an agency and exercise all of the
826     rights of any holder of the bonds;
827          (v) notwithstanding any law to the contrary, enter into an agreement for a period of
828     time with another public entity concerning action to be taken pursuant to any of the powers
829     granted in this title;
830          (vi) do anything necessary to aid or cooperate in the planning or implementation of the
831     project area development;
832          (vii) in connection with the project area plan, become obligated to the extent
833     authorized and funds have been made available to make required improvements or construct
834     required structures; and
835          (viii) lend, grant, or contribute funds to an agency for project area development or
836     proposed project area development, including assigning revenue or taxes in support of an
837     agency bond or obligation; and
838          (b) for less than fair market value or for no consideration, and subject to Subsection
839     (3):
840          (i) purchase or otherwise acquire property from an agency;
841          (ii) lease property from an agency;

842          (iii) sell, grant, convey, donate, or otherwise dispose of the public entity's property to
843     an agency; or
844          (iv) lease the public entity's property to an agency.
845          (2) The following are not subject to [Sections] Section 10-8-2 [or], 17-50-312, or
846     17-50-303:
847          (a) project area development assistance that a public entity provides under this section;
848     or
849          (b) a transfer of funds or property from an agency to a public entity.
850          (3) A public entity may provide assistance described in Subsection (1)(b) no sooner
851     than 15 days after the day on which the public entity posts notice of the assistance on:
852          (a) the Utah Public Notice Website described in Section 63F-1-701; and
853          (b) the public entity's public website.
854          Section 8. Section 17C-1-402 is amended to read:
855          17C-1-402. Taxing entity committee.
856          (1) The provisions of this section apply to a taxing entity committee that is created by
857     an agency for:
858          (a) a post-June 30, 1993, urban renewal project area plan or economic development
859     project area plan;
860          (b) any other project area plan adopted before May 10, 2016, for which the agency
861     created a taxing entity committee; and
862          (c) a community reinvestment project area plan adopted before May 14, 2019, that is
863     subject to a taxing entity committee.
864          (2) (a) (i) Each taxing entity committee shall be composed of:
865          (A) two school district representatives appointed in accordance with Subsection
866     (2)(a)(ii);
867          (B) (I) in a county of the second, third, fourth, fifth, or sixth class, two representatives
868     appointed by resolution of the legislative body of the county in which the agency is located; or
869          (II) in a county of the first class, one representative appointed by the county executive

870     and one representative appointed by the legislative body of the county in which the agency is
871     located;
872          (C) if the agency is created by a municipality, two representatives appointed by
873     resolution of the legislative body of the municipality;
874          (D) one representative appointed by the State Board of Education; and
875          (E) one representative selected by majority vote of the legislative bodies or governing
876     boards of all other taxing entities that levy a tax on property within the agency's boundaries, to
877     represent the interests of those taxing entities on the taxing entity committee.
878          (ii) (A) If the agency boundaries include only one school district, that school district
879     shall appoint the two school district representatives under Subsection (2)(a)(i)(A).
880          (B) If the agency boundaries include more than one school district, those school
881     districts shall jointly appoint the two school district representatives under Subsection
882     (2)(a)(i)(A).
883          (b) (i) Each taxing entity committee representative described in Subsection (2)(a) shall
884     be appointed within 30 days after the day on which the agency provides notice of the creation
885     of the taxing entity committee.
886          (ii) If a representative is not appointed within the time required under Subsection
887     (2)(b)(i), the board may appoint an individual to serve on the taxing entity committee in the
888     place of the missing representative until that representative is appointed.
889          (c) (i) A taxing entity committee representative may be appointed for a set term or
890     period of time, as determined by the appointing authority under Subsection (2)(a)(i).
891          (ii) Each taxing entity committee representative shall serve until a successor is
892     appointed and qualified.
893          (d) (i) Upon the appointment of each representative under Subsection (2)(a)(i), whether
894     an initial appointment or an appointment to replace an already serving representative, the
895     appointing authority shall:
896          (A) notify the agency in writing of the name and address of the newly appointed
897     representative; and

898          (B) provide the agency a copy of the resolution making the appointment or, if the
899     appointment is not made by resolution, other evidence of the appointment.
900          (ii) Each appointing authority of a taxing entity committee representative under
901     Subsection (2)(a)(i) shall notify the agency in writing of any change of address of a
902     representative appointed by that appointing authority.
903          (3) At a taxing entity committee's first meeting, the taxing entity committee shall adopt
904     an organizing resolution that:
905          (a) designates a chair and a secretary of the taxing entity committee; and
906          (b) if the taxing entity committee considers it appropriate, governs the use of electronic
907     meetings under Section 52-4-207.
908          (4) (a) A taxing entity committee represents all taxing entities regarding:
909          (i) an urban renewal project area plan;
910          (ii) an economic development project area plan; or
911          (iii) a community reinvestment project area plan that is subject to a taxing entity
912     committee.
913          (b) A taxing entity committee may:
914          (i) cast votes that are binding on all taxing entities;
915          (ii) negotiate with the agency concerning a proposed project area plan;
916          (iii) approve or disapprove:
917          (A) an urban renewal project area budget as described in Section 17C-2-204;
918          (B) an economic development project area budget as described in Section 17C-3-203;
919     or
920          (C) for a community reinvestment project area plan that is subject to a taxing entity
921     committee, a community reinvestment project area budget as described in Section 17C-5-302;
922          (iv) approve or disapprove an amendment to a project area budget as described in
923     Section 17C-2-206, 17C-3-205, or 17C-5-306;
924          (v) approve an exception to the limits on the value and size of a project area imposed
925     under this title;

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

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

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

1010     of the report; and
1011          (ii) estimated amounts for each year beginning the year after the time of the report and
1012     ending the time that each project area funds collection period ends.
1013          (c) The auditor of the county in which the agency is located shall provide a report
1014     under this Subsection (12):
1015          (i) at least annually; and
1016          (ii) upon request of the taxing entity committee, before a taxing entity committee
1017     meeting at which the committee considers whether to allow the agency to receive tax
1018     increment, to increase the amount of tax increment that the agency receives, or to extend a
1019     project area funds collection period.
1020          (13) This section does not apply to:
1021          (a) a community development project area plan; or
1022          (b) a community reinvestment project area plan that is subject to an interlocal
1023     agreement.
1024          (14) (a) A taxing entity committee resolution approving a [blight finding] development
1025     impediment determination, approving a project area budget, or approving an amendment to a
1026     project area budget:
1027          (i) is final; and
1028          (ii) is not subject to repeal, amendment, or reconsideration unless the agency first
1029     consents by resolution to the proposed repeal, amendment, or reconsideration.
1030          (b) The provisions of Subsection (14)(a) apply regardless of when the resolution is
1031     adopted.
1032          Section 9. Section 17C-1-407 is amended to read:
1033          17C-1-407. Limitations on tax increment.
1034          (1) (a) If the development of retail sales of goods is the primary objective of an urban
1035     renewal project area, tax increment from the urban renewal project area may not be paid to or
1036     used by an agency unless the agency makes a [finding of blight is made] development
1037     impediment determination under Chapter 2, Part 3, [Blight] Development Impediment

1038     Determination in Urban Renewal Project Areas.
1039          (b) Development of retail sales of goods does not disqualify an agency from receiving
1040     tax increment.
1041          (c) After July 1, 2005, an agency may not receive or use tax increment generated from
1042     the value of property within an economic development project area that is attributable to the
1043     development of retail sales of goods, unless the tax increment was previously pledged to pay
1044     for bonds or other contractual obligations of the agency.
1045          (2) (a) An agency may not be paid any portion of a taxing entity's taxes resulting from
1046     an increase in the taxing entity's tax rate that occurs after the taxing entity committee approves
1047     the project area budget unless, at the time the taxing entity committee approves the project area
1048     budget, the taxing entity committee approves payment of those increased taxes to the agency.
1049          (b) If the taxing entity committee does not approve payment of the increased taxes to
1050     the agency under Subsection (2)(a), the county shall distribute to the taxing entity the taxes
1051     attributable to the tax rate increase in the same manner as other property taxes.
1052          (c) Notwithstanding any other provision of this section, if, before tax year 2013,
1053     increased taxes are paid to an agency without the approval of the taxing entity committee, and
1054     notwithstanding the law at the time that the tax was collected or increased:
1055          (i) the State Tax Commission, the county as the collector of the taxes, a taxing entity,
1056     or any other person or entity may not recover, directly or indirectly, the increased taxes from
1057     the agency by adjustment of a tax rate used to calculate tax increment or otherwise;
1058          (ii) the county is not liable to a taxing entity or any other person or entity for the
1059     increased taxes that were paid to the agency; and
1060          (iii) tax increment, including the increased taxes, shall continue to be paid to the
1061     agency subject to the same number of tax years, percentage of tax increment, and cumulative
1062     dollar amount of tax increment as approved in the project area budget and previously paid to
1063     the agency.
1064          (3) Except as the taxing entity committee otherwise agrees, an agency may not receive
1065     tax increment under an urban renewal or economic development project area budget adopted

1066     on or after March 30, 2009:
1067          (a) that exceeds the percentage of tax increment or cumulative dollar amount of tax
1068     increment specified in the project area budget; or
1069          (b) for more tax years than specified in the project area budget.
1070          Section 10. Section 17C-1-409 is amended to read:
1071          17C-1-409. Allowable uses of agency funds.
1072          (1) (a) An agency may use agency funds:
1073          (i) for any purpose authorized under this title;
1074          (ii) for administrative, overhead, legal, or other operating expenses of the agency,
1075     including consultant fees and expenses under Subsection 17C-2-102(1)(b)(ii)(B) or funding for
1076     a business resource center;
1077          (iii) to pay for, including financing or refinancing, all or part of:
1078          (A) project area development in a project area, including environmental remediation
1079     activities occurring before or after adoption of the project area plan;
1080          (B) housing-related expenditures, projects, or programs as described in Section
1081     17C-1-411 or 17C-1-412;
1082          (C) an incentive or other consideration paid to a participant under a participation
1083     agreement;
1084          (D) subject to Subsections (1)(c) and (4), the value of the land for and the cost of the
1085     installation and construction of any publicly owned building, facility, structure, landscaping, or
1086     other improvement within the project area from which the project area funds are collected; or
1087          (E) the cost of the installation of publicly owned infrastructure and improvements
1088     outside the project area from which the project area funds are collected if the board and the
1089     community legislative body determine by resolution that the publicly owned infrastructure and
1090     improvements benefit the project area;
1091          (iv) in an urban renewal project area that includes some or all of an inactive industrial
1092     site and subject to Subsection (1)(e), to reimburse the Department of Transportation created
1093     under Section 72-1-201, or a public transit district created under Title 17B, Chapter 2a, Part 8,

1094     Public Transit District Act, for the cost of:
1095          (A) construction of a public road, bridge, or overpass;
1096          (B) relocation of a railroad track within the urban renewal project area; or
1097          (C) relocation of a railroad facility within the urban renewal project area; or
1098          (v) subject to Subsection (5), to transfer funds to a community that created the agency.
1099          (b) The determination of the board and the community legislative body under
1100     Subsection (1)(a)(iii)(E) regarding benefit to the project area shall be final and conclusive.
1101          (c) An agency may not use project area funds received from a taxing entity for the
1102     purposes stated in Subsection (1)(a)(iii)(D) under an urban renewal project area plan, an
1103     economic development project area plan, or a community reinvestment project area plan
1104     without the community legislative body's consent.
1105          (d) (i) Subject to Subsection (1)(d)(ii), an agency may loan project area funds from a
1106     project area fund to another project area fund if:
1107          (A) the board approves; and
1108          (B) the community legislative body approves.
1109          (ii) An agency may not loan project area funds under Subsection (1)(d)(i) unless the
1110     projections for agency funds are sufficient to repay the loan amount.
1111          (iii) A loan described in Subsection (1)(d) is not subject to Title 10, Chapter 5,
1112     Uniform Fiscal Procedures Act for Utah Towns, Title 10, Chapter 6, Uniform Fiscal
1113     Procedures Act for Utah Cities, Title 17, Chapter 36, Uniform Fiscal Procedures Act for
1114     Counties, or Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts.
1115          (e) Before an agency may pay any tax increment or sales tax revenue under Subsection
1116     (1)(a)(iv), the agency shall enter into an interlocal agreement defining the terms of the
1117     reimbursement with:
1118          (i) the Department of Transportation; or
1119          (ii) a public transit district.
1120          (2) (a) Sales and use tax revenue that an agency receives from a taxing entity is not
1121     subject to the prohibition or limitations of Title 11, Chapter 41, Prohibition on Sales and Use

1122     Tax Incentive Payments Act.
1123          (b) An agency may use sales and use tax revenue that the agency receives under an
1124     interlocal agreement under Section 17C-4-201 or 17C-5-204 for the uses authorized in the
1125     interlocal agreement.
1126          (3) (a) An agency may contract with the community that created the agency or another
1127     public entity to use agency funds to reimburse the cost of items authorized by this title to be
1128     paid by the agency that are paid by the community or other public entity.
1129          (b) If land is acquired or the cost of an improvement is paid by another public entity
1130     and the land or improvement is leased to the community, an agency may contract with and
1131     make reimbursement from agency funds to the community.
1132          (4) Notwithstanding any other provision of this title, an agency may not use project
1133     area funds to construct a local government building unless the taxing entity committee or each
1134     taxing entity party to an interlocal agreement with the agency consents.
1135          (5) For the purpose of offsetting the community's annual local contribution to the
1136     Homeless Shelter Cities Mitigation Restricted Account, the total amount an agency transfers in
1137     a calendar year to a community under Subsections (1)(a)(v), 17C-1-411(1)(d), and 17C-1-412
1138     [(1)] (3)(a)(x) may not exceed the community's annual local contribution as defined in Section
1139     35A-8-606.
1140          Section 11. Section 17C-1-412 is amended to read:
1141          17C-1-412. Use of housing allocation -- Separate accounting required -- Issuance
1142     of bonds for housing -- Action to compel agency to provide housing allocation.
1143          (1) (a) An agency shall use the agency's housing allocation[, if applicable,] to:
1144          (i) pay part or all of the cost of land or construction of income targeted housing within
1145     the boundary of the agency, if practicable in a mixed income development or area;
1146          (ii) pay part or all of the cost of rehabilitation of income targeted housing within the
1147     boundary of the agency;
1148          (iii) lend, grant, or contribute money to a person, public entity, housing authority,
1149     private entity or business, or nonprofit corporation for income targeted housing within the

1150     boundary of the agency;
1151          (iv) plan or otherwise promote income targeted housing within the boundary of the
1152     agency;
1153          (v) pay part or all of the cost of land or installation, construction, or rehabilitation of
1154     any building, facility, structure, or other housing improvement, including infrastructure
1155     improvements, related to housing located in a project area where [blight has been found to
1156     exist] a board has determined that a development impediment exists;
1157          (vi) replace housing units lost as a result of the project area development;
1158          (vii) make payments on or establish a reserve fund for bonds:
1159          (A) issued by the agency, the community, or the housing authority that provides
1160     income targeted housing within the community; and
1161          (B) all or part of the proceeds of which are used within the community for the purposes
1162     stated in Subsection (1)(a)(i), (ii), (iii), (iv), (v), or (vi);
1163          (viii) if the community's fair share ratio at the time of the first adoption of the project
1164     area budget is at least 1.1 to 1.0, make payments on bonds:
1165          (A) that were previously issued by the agency, the community, or the housing authority
1166     that provides income targeted housing within the community; and
1167          (B) all or part of the proceeds of which were used within the community for the
1168     purposes stated in Subsection (1)(a)(i), (ii), (iii), (iv), (v), or (vi);
1169          (ix) relocate mobile home park residents displaced by project area development; or
1170          (x) subject to Subsection (6), transfer funds to a community that created the agency.
1171          (b) As an alternative to the requirements of Subsection (1)(a), an agency may pay all or
1172     any portion of the agency's housing allocation to:
1173          (i) the community for use as described in Subsection (1)(a);
1174          (ii) a housing authority that provides income targeted housing within the community
1175     for use in providing income targeted housing within the community;
1176          (iii) a housing authority established by the county in which the agency is located for
1177     providing:

1178          (A) income targeted housing within the county;
1179          (B) permanent housing, permanent supportive housing, or a transitional facility, as
1180     defined in Section 35A-5-302, within the county; or
1181          (C) homeless assistance within the county; or
1182          (iv) the Olene Walker Housing Loan Fund, established under Title 35A, Chapter 8,
1183     Part 5, Olene Walker Housing Loan Fund, for use in providing income targeted housing within
1184     the community.
1185          (2) The agency shall create a housing fund and separately account for the agency's
1186     housing allocation, together with all interest earned by the housing allocation and all payments
1187     or repayments for loans, advances, or grants from the housing allocation.
1188          (3) An agency may:
1189          (a) issue bonds to finance a housing-related project under this section, including the
1190     payment of principal and interest upon advances for surveys and plans or preliminary loans;
1191     and
1192          (b) issue refunding bonds for the payment or retirement of bonds under Subsection
1193     (3)(a) previously issued by the agency.
1194          (4) (a) Except as provided in Subsection (4)(b), an agency shall allocate money to the
1195     housing fund each year in which the agency receives sufficient tax increment to make a
1196     housing allocation required by the project area budget.
1197          (b) Subsection (4)(a) does not apply in a year in which tax increment is insufficient.
1198          (5) (a) Except as provided in Subsection (4)(b), if an agency fails to provide a housing
1199     allocation in accordance with the project area budget and[, if applicable,] the housing plan
1200     adopted under Subsection 17C-2-204(2), the loan fund board may bring legal action to compel
1201     the agency to provide the housing allocation.
1202          (b) In an action under Subsection (5)(a), the court:
1203          (i) shall award the loan fund board reasonable attorney fees, unless the court finds that
1204     the action was frivolous; and
1205          (ii) may not award the agency the agency's attorney fees, unless the court finds that the

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

1234          (1) Each agency shall provide notice, in accordance with this part, of each:
1235          (a) [blight] development impediment hearing;
1236          (b) plan hearing; or
1237          (c) budget hearing.
1238          (2) The notice required under Subsection (1) may be combined with the notice required
1239     for any of the other hearings if the hearings are combined under Section 17C-1-802.
1240          Section 16. Section 17C-1-807 is amended to read:
1241          17C-1-807. Additional requirements for notice of a development impediment
1242     hearing.
1243          Each notice under Section 17C-1-806 for a [blight] development impediment hearing
1244     shall also include:
1245          (1) a statement that:
1246          (a) a project area is being proposed;
1247          (b) the proposed project area may be [declared] determined to have [blight] a
1248     development impediment;
1249          (c) the record owner of property within the proposed project area has the right to
1250     present evidence at the [blight] development impediment hearing contesting the existence of
1251     [blight] a development impediment;
1252          (d) except for a hearing continued under Section 17C-1-803, the agency will notify the
1253     record owner of property referred to in Subsection 17C-1-806(1)(b)(i) of each additional public
1254     hearing held by the agency concerning the proposed project area before the adoption of the
1255     project area plan; and
1256          (e) a person contesting the existence of [blight] a development impediment in the
1257     proposed project area may appear before the board and show cause why the proposed project
1258     area should not be designated as a project area; and
1259          (2) if the agency anticipates acquiring property in an urban renewal project area or a
1260     community reinvestment project area by eminent domain, a clear and plain statement that:
1261          (a) the project area plan may require the agency to use eminent domain; and

1262          (b) the proposed use of eminent domain will be discussed at the [blight] development
1263     impediment hearing.
1264          Section 17. Section 17C-1-902 is amended to read:
1265          17C-1-902. Use of eminent domain -- Conditions.
1266          (1) Except as provided in Subsection (2), an agency may not use eminent domain to
1267     acquire property.
1268          (2) Subject to the provisions of this part, an agency may, in accordance with Title 78B,
1269     Chapter 6, Part 5, Eminent Domain, use eminent domain to acquire an interest in property:
1270          (a) within an urban renewal project area if:
1271          (i) the board makes a [finding of blight] development impediment determination under
1272     Chapter 2, Part 3, [Blight] Development Impediment Determination in Urban Renewal Project
1273     Areas; and
1274          (ii) the urban renewal project area plan provides for the use of eminent domain;
1275          (b) that is owned by an agency board member or officer and located within a project
1276     area, if the board member or officer consents;
1277          (c) within a community reinvestment project area if:
1278          (i) the board makes a [finding of blight in accordance with] development impediment
1279     determination under Chapter 5, Part 4, [Blight] Development Impediment Determination in a
1280     Community Reinvestment Project Area;
1281          (ii) (A) the original community reinvestment project area plan provides for the use of
1282     eminent domain; or
1283          (B) the community reinvestment project area plan is amended in accordance with
1284     Subsection 17C-5-112(4); and
1285          (iii) the agency creates a taxing entity committee in accordance with Section
1286     17C-1-402;
1287          (d) that:
1288          (i) is owned by a participant or a property owner that is entitled to receive tax
1289     increment or other assistance from the agency;

1290          (ii) is within a project area, regardless of when the project area is created, for which the
1291     [agency made a finding of blight under Section 17C-2-102 or 17C-5-405] board made a
1292     development impediment determination under Chapter 2, Part 3, Development Impediment
1293     Determination in Urban Renewal Project Areas, or Chapter 5, Part 4, Development Impediment
1294     Determination in a Community Reinvestment Project Area; and
1295          (iii) (A) the participant or property owner described in Subsection (2)(d)(i) fails to
1296     develop or improve in accordance with the participation agreement or the project area plan; or
1297          (B) for a period of 36 months does not generate the amount of tax increment that the
1298     agency projected to receive under the project area budget; or
1299          (e) if a property owner requests in writing that the agency exercise eminent domain to
1300     acquire the property owner's property within a project area.
1301          (3) An agency shall, in accordance with the provisions of this part, commence the
1302     acquisition of property described in Subsections (2)(a) through (c) by adopting a resolution
1303     authorizing eminent domain within five years after the day on which the project area plan is
1304     effective.
1305          Section 18. Section 17C-2-101.5 is amended to read:
1306          17C-2-101.5. Resolution designating survey area -- Request to adopt resolution.
1307          (1) A board may begin the process of adopting an urban renewal project area plan by
1308     adopting a resolution that:
1309          (a) designates an area located within the agency's boundaries as a survey area;
1310          (b) contains a statement that the survey area requires study to determine whether:
1311          (i) one or more urban renewal project areas within the survey area are feasible; and
1312          (ii) [blight] a development impediment exists within the survey area; and
1313          (c) contains a boundary description or map of the survey area.
1314          (2) (a) Any person or any group, association, corporation, or other entity may submit a
1315     written request to the board to adopt a resolution under Subsection (1).
1316          (b) A request under Subsection (2)(a) may include plans showing the project area
1317     development proposed for an area within the agency's boundaries.

1318          (c) The board may, in the board's sole discretion, grant or deny a request under
1319     Subsection (2)(a).
1320          Section 19. Section 17C-2-102 is amended to read:
1321          17C-2-102. Process for adopting urban renewal project area plan -- Prerequisites
1322     -- Restrictions.
1323          (1) (a) In order to adopt an urban renewal project area plan, after adopting a resolution
1324     under Subsection 17C-2-101.5(1) the agency shall:
1325          (i) unless a [finding of blight] development impediment determination is based on a
1326     [finding] determination made under Subsection 17C-2-303(1)(b) relating to an inactive
1327     industrial site or inactive airport site:
1328          (A) cause a [blight] development impediment study to be conducted within the survey
1329     area as provided in Section 17C-2-301;
1330          (B) provide notice of a [blight] development impediment hearing as required under
1331     Chapter 1, Part 8, Hearing and Notice Requirements; and
1332          (C) hold a [blight] development impediment hearing as described in Section
1333     17C-2-302;
1334          (ii) after the [blight] development impediment hearing has been held or, if no [blight]
1335     development impediment hearing is required under Subsection (1)(a)(i), after adopting a
1336     resolution under Subsection 17C-2-101.5(1), hold a board meeting at which the board shall:
1337          (A) consider:
1338          (I) [the issue of blight and] the evidence and information relating to the existence or
1339     nonexistence of [blight] a development impediment; and
1340          (II) whether adoption of one or more urban renewal project area plans should be
1341     pursued; and
1342          (B) by resolution:
1343          (I) make a [finding] determination regarding the existence of [blight] a development
1344     impediment in the proposed urban renewal project area;
1345          (II) select one or more project areas comprising part or all of the survey area; and

1346          (III) authorize the preparation of a proposed project area plan for each project area;
1347          (iii) prepare a proposed project area plan and conduct any examination, investigation,
1348     and negotiation regarding the project area plan that the agency considers appropriate;
1349          (iv) make the proposed project area plan available to the public at the agency's offices
1350     during normal business hours;
1351          (v) provide notice of the plan hearing in accordance with Sections 17C-1-806 and
1352     17C-1-808;
1353          (vi) hold a plan hearing on the proposed project area plan and, at the plan hearing:
1354          (A) allow public comment on:
1355          (I) the proposed project area plan; and
1356          (II) whether the proposed project area plan should be revised, approved, or rejected;
1357     and
1358          (B) receive all written and hear all oral objections to the proposed project area plan;
1359          (vii) before holding the plan hearing, provide an opportunity for the State Board of
1360     Education and each taxing entity that levies a tax on property within the proposed project area
1361     to consult with the agency regarding the proposed project area plan;
1362          (viii) if applicable, hold the election required under Subsection 17C-2-105(3);
1363          (ix) after holding the plan hearing, at the same meeting or at a subsequent meeting
1364     consider:
1365          (A) the oral and written objections to the proposed project area plan and evidence and
1366     testimony for and against adoption of the proposed project area plan; and
1367          (B) whether to revise, approve, or reject the proposed project area plan;
1368          (x) approve the proposed project area plan, with or without revisions, as the project
1369     area plan by a resolution that complies with Section 17C-2-106; and
1370          (xi) submit the project area plan to the community legislative body for adoption.
1371          (b) (i) If an agency makes a [finding] determination under Subsection (1)(a)(ii)(B) that
1372     [blight] a development impediment exists in the proposed urban renewal project area, the
1373     agency may not adopt the project area plan until the taxing entity committee approves the

1374     [finding of blight] development impediment determination.
1375          (ii) (A) A taxing entity committee may not disapprove an agency's [finding of blight]
1376     development impediment determination unless the committee demonstrates that the conditions
1377     the agency found to exist in the urban renewal project area that support the agency's [finding of
1378     blight] development impediment determination under Section 17C-2-303:
1379          (I) do not exist; or
1380          (II) do not constitute [blight] a development impediment.
1381          (B) (I) If the taxing entity committee questions or disputes the existence of some or all
1382     of the [blight] development impediment conditions that the agency [found] determined to exist
1383     in the urban renewal project area or that those conditions constitute [blight] a development
1384     impediment, the taxing entity committee may hire a consultant, mutually agreed upon by the
1385     taxing entity committee and the agency, with the necessary expertise to assist the taxing entity
1386     committee to make a determination as to the existence of the questioned or disputed [blight]
1387     development impediment conditions.
1388          (II) The agency shall pay the fees and expenses of each consultant hired under
1389     Subsection (1)(b)(ii)(B)(I).
1390          (III) The [findings] determination of a consultant under this Subsection (1)(b)(ii)(B)
1391     shall be binding on the taxing entity committee and the agency.
1392          (2) An agency may not propose a project area plan under Subsection (1) unless the
1393     community in which the proposed project area is located:
1394          (a) has a planning commission; and
1395          (b) has adopted a general plan under:
1396          (i) if the community is a municipality, Title 10, Chapter 9a, Part 4, General Plan; or
1397          (ii) if the community is a county, Title 17, Chapter 27a, Part 4, General Plan.
1398          (3) (a) Subject to Subsection (3)(b), a board may not approve a project area plan more
1399     than one year after adoption of a resolution making a [finding of blight] development
1400     impediment determination under Subsection (1)(a)(ii)(B).
1401          (b) If a project area plan is submitted to an election under Subsection 17C-2-105(3),

1402     the time between the plan hearing and the date of the election does not count for purposes of
1403     calculating the year period under Subsection (3)(a).
1404          (4) (a) Except as provided in Subsection (4)(b), a proposed project area plan may not
1405     be modified to add real property to the proposed project area unless the board holds a plan
1406     hearing to consider the addition and gives notice of the plan hearing as required under Sections
1407     17C-1-806 and 17C-1-808.
1408          (b) The notice and hearing requirements under Subsection (4)(a) do not apply to a
1409     proposed project area plan being modified to add real property to the proposed project area if:
1410          (i) the property is contiguous to the property already included in the proposed project
1411     area under the proposed project area plan;
1412          (ii) the record owner of the property consents to adding the real property to the
1413     proposed project area; and
1414          (iii) the property is located within the survey area.
1415          Section 20. Section 17C-2-103 is amended to read:
1416          17C-2-103. Urban renewal project area plan requirements.
1417          (1) [Each] An agency shall ensure that each urban renewal project area plan and
1418     proposed project area plan [shall]:
1419          (a) [describe] describes the boundaries of the project area, subject to Section
1420     17C-1-414, if applicable;
1421          (b) [contain] contains a general statement of the land uses, layout of principal streets,
1422     population densities, and building intensities of the project area and how they will be affected
1423     by the project area development;
1424          (c) [state] states the standards that will guide the project area development;
1425          (d) [show] shows how the purposes of this title will be attained by the project area
1426     development;
1427          (e) [be] is consistent with the general plan of the community in which the project area
1428     is located and show that the project area development will conform to the community's general
1429     plan;

1430          (f) [describe] describes how the project area development will reduce or eliminate
1431     [blight] a development impediment in the project area;
1432          (g) [describe] describes any specific project or projects that are the object of the
1433     proposed project area development;
1434          (h) [identify] identifies how a participant will be selected to undertake the project area
1435     development and identify each participant currently involved in the project area development;
1436          (i) [state] states the reasons for the selection of the project area;
1437          (j) [describe] describes the physical, social, and economic conditions existing in the
1438     project area;
1439          (k) [describe] describes any tax incentives offered private entities for facilities located
1440     in the project area;
1441          (l) [include] includes the analysis described in Subsection (2);
1442          (m) if any of the existing buildings or uses in the project area are included in or eligible
1443     for inclusion in the National Register of Historic Places or the State Register, [state] states that
1444     the agency shall comply with Section 9-8-404 as though the agency were a state agency; and
1445          (n) [include] includes other information that the agency determines to be necessary or
1446     advisable.
1447          (2) [Each] An agency shall ensure that each analysis under Subsection (1)(l) [shall
1448     consider] considers:
1449          (a) the benefit of any financial assistance or other public subsidy proposed to be
1450     provided by the agency, including:
1451          (i) an evaluation of the reasonableness of the costs of the project area development;
1452          (ii) efforts the agency or participant has made or will make to maximize private
1453     investment;
1454          (iii) the rationale for use of tax increment, including an analysis of whether the
1455     proposed project area development might reasonably be expected to occur in the foreseeable
1456     future solely through private investment; and
1457          (iv) an estimate of the total amount of tax increment that will be expended in

1458     undertaking project area development and the project area funds collection period; and
1459          (b) the anticipated public benefit to be derived from the project area development,
1460     including:
1461          (i) the beneficial influences upon the tax base of the community;
1462          (ii) the associated business and economic activity likely to be stimulated; and
1463          (iii) whether adoption of the project area plan is necessary and appropriate to reduce or
1464     eliminate [blight] a development impediment.
1465          Section 21. Section 17C-2-106 is amended to read:
1466          17C-2-106. Board resolution approving urban renewal project area plan --
1467     Requirements.
1468          [Each board] A board shall ensure that each resolution approving a proposed urban
1469     renewal project area plan as the project area plan under Subsection 17C-2-102(1)(a)(x) [shall
1470     contain] contains:
1471          (1) a boundary description of the boundaries of the project area that is the subject of the
1472     project area plan;
1473          (2) the agency's purposes and intent with respect to the project area;
1474          (3) the project area plan incorporated by reference;
1475          (4) a statement that the board previously made a [finding of blight] development
1476     impediment determination within the project area and the date of the board's [finding of blight]
1477     determination; and
1478          (5) the board findings and determinations that:
1479          (a) there is a need to effectuate a public purpose;
1480          (b) there is a public benefit under the analysis described in Subsection 17C-2-103(2);
1481          (c) it is economically sound and feasible to adopt and carry out the project area plan;
1482          (d) the project area plan conforms to the community's general plan; and
1483          (e) carrying out the project area plan will promote the public peace, health, safety, and
1484     welfare of the community in which the project area is located.
1485          Section 22. Section 17C-2-110 is amended to read:

1486          17C-2-110. Amending an urban renewal project area plan.
1487          (1) [An] An agency may amend an urban renewal project area plan [may be amended]
1488     as provided in this section.
1489          (2) If an agency proposes to amend an urban renewal project area plan to enlarge the
1490     project area:
1491          (a) subject to Subsection (2)(e), the requirements under this part that apply to adopting
1492     a project area plan apply equally to the proposed amendment as if it were a proposed project
1493     area plan;
1494          (b) for a pre-July 1, 1993, project area plan, the base year for the new area added to the
1495     project area shall be determined under Subsection 17C-1-102(9) using the effective date of the
1496     amended project area plan;
1497          (c) for a post-June 30, 1993, project area plan:
1498          (i) the base year for the new area added to the project area shall be determined under
1499     Subsection 17C-1-102(9) using the date of the taxing entity committee's consent referred to in
1500     Subsection (2)(c)(ii); and
1501          (ii) the agency shall obtain the consent of the taxing entity committee before the agency
1502     may collect tax increment from the area added to the project area by the amendment;
1503          (d) the agency shall make a [finding] determination regarding the existence of [blight]
1504     a development impediment in the area proposed to be added to the project area by following
1505     the procedure set forth in Chapter 2, Part 3, [Blight] Development Impediment Determination
1506     in Urban Renewal Project Areas; and
1507          (e) the agency need not make a [finding regarding the existence of blight] development
1508     impediment determination in the project area as described in the original project area plan, if
1509     the agency made a [finding of the existence of blight] development impediment determination
1510     regarding that project area in connection with adoption of the original project area plan.
1511          (3) If a proposed amendment does not propose to enlarge an urban renewal project
1512     area, a board may adopt a resolution approving an amendment to a project area plan after:
1513          (a) the agency gives notice, as provided in Section 17C-1-806, of the proposed

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

1542          (b) [An] An agency may make an amendment removing one or more parcels from a
1543     project area under Subsection (4)(a)(ii) [may be made] without the consent of the record
1544     property owner of each parcel being removed.
1545          (5) (a) An amendment approved by board resolution under this section may not take
1546     effect until adopted by ordinance of the legislative body of the community in which the project
1547     area that is the subject of the project area plan being amended is located.
1548          (b) Upon a community legislative body passing an ordinance adopting an amendment
1549     to a project area plan, the agency whose project area plan was amended shall comply with the
1550     requirements of Sections 17C-2-108 and 17C-2-109 to the same extent as if the amendment
1551     were a project area plan.
1552          (6) (a) Within 30 days after the day on which an amendment to a project area plan
1553     becomes effective, a person may contest the amendment to the project area plan or the
1554     procedure used to adopt the amendment to the project area plan if the amendment or procedure
1555     fails to comply with a provision of this title.
1556          (b) After the 30-day period described in Subsection (6)(a) expires, a person may not
1557     contest the amendment to the project area plan or procedure used to adopt the amendment to
1558     the project area plan for any cause.
1559          Section 23. Section 17C-2-202 is amended to read:
1560          17C-2-202. Combined incremental value -- Restriction against adopting an urban
1561     renewal project area budget -- Taxing entity committee may waive restriction.
1562          (1) Except as provided in Subsection (2), an agency may not adopt an urban renewal
1563     project area budget if, at the time the urban renewal project area budget is being considered, the
1564     combined incremental value for the agency exceeds 10% of the total taxable value of property
1565     within the agency's boundaries in the year that the urban renewal project area budget is being
1566     considered.
1567          (2) (a) A taxing entity committee may waive the restrictions imposed by Subsection
1568     (1).
1569          (b) Subsection (1) does not apply to an urban renewal project area budget if the

1570     agency's [finding of blight] development impediment determination in the project area to which
1571     the budget relates is based on a [finding] determination under Subsection 17C-2-303(1)(b).
1572          Section 24. Section 17C-2-301 is amended to read:
1573     
Part 3. Development Impediment Determination in Urban Renewal Project Areas

1574          17C-2-301. Development impediment study -- Requirements -- Deadline.
1575          (1) [Each blight] An agency shall ensure that each development impediment study
1576     required under Subsection 17C-2-102(1)(a)(i)(A) [shall]:
1577          (a) [undertake] undertakes a parcel by parcel survey of the survey area;
1578          (b) [provide] provides data so the board and taxing entity committee may determine:
1579          (i) whether the conditions described in Subsection 17C-2-303(1):
1580          (A) exist in part or all of the survey area; and
1581          (B) qualify an area within the survey area as a project area; and
1582          (ii) whether the survey area contains all or part of a superfund site, an inactive
1583     industrial site, or inactive airport site;
1584          (c) [include] includes a written report setting forth:
1585          (i) the conclusions reached;
1586          (ii) any recommended area within the survey area qualifying as a project area; and
1587          (iii) any other information requested by the agency to determine whether an urban
1588     renewal project area is feasible; and
1589          (d) [be] is completed within one year after the adoption of the survey area resolution.
1590          (2) (a) If a [blight] development impediment study is not completed within one year
1591     after the adoption of the resolution under Subsection 17C-2-101.5(1) designating a survey area,
1592     the agency may not approve an urban renewal project area plan based on that [blight]
1593     development impediment study unless [it] the agency first adopts a new resolution under
1594     Subsection 17C-2-101.5(1).
1595          (b) A new resolution under Subsection (2)(a) shall in all respects be considered to be a
1596     resolution under Subsection 17C-2-101.5(1) adopted for the first time, except that any actions
1597     taken toward completing a [blight] development impediment study under the resolution that the

1598     new resolution replaces shall be considered to have been taken under the new resolution.
1599          Section 25. Section 17C-2-302 is amended to read:
1600          17C-2-302. Development impediment hearing -- Owners may review evidence of
1601     a development impediment.
1602          (1) In each hearing required under Subsection 17C-2-102(1)(a)(i)(C), the agency shall:
1603          (a) permit all evidence of the existence or nonexistence of [blight] a development
1604     impediment within the proposed urban renewal project area to be presented; and
1605          (b) permit each record owner of property located within the proposed urban renewal
1606     project area or the record property owner's representative the opportunity to:
1607          (i) examine and cross-examine witnesses providing evidence of the existence or
1608     nonexistence of [blight] a development impediment; and
1609          (ii) present evidence and testimony, including expert testimony, concerning the
1610     existence or nonexistence of [blight] a development impediment.
1611          (2) The agency shall allow record owners of property located within a proposed urban
1612     renewal project area the opportunity, for at least 30 days before the hearing, to review the
1613     evidence of [blight] a development impediment compiled by the agency or by the person or
1614     firm conducting the [blight] development impediment study for the agency, including any
1615     expert report.
1616          Section 26. Section 17C-2-303 is amended to read:
1617          17C-2-303. Conditions on board determination of a development impediment --
1618     Conditions of a development impediment caused by the participant.
1619          (1) A board may not make a [finding of blight] development impediment determination
1620     in a resolution under Subsection 17C-2-102(1)(a)(ii)(B) unless the board finds that:
1621          (a) (i) the proposed project area consists predominantly of nongreenfield parcels;
1622          (ii) the proposed project area is currently zoned for urban purposes and generally
1623     served by utilities;
1624          (iii) at least 50% of the parcels within the proposed project area contain nonagricultural
1625     or nonaccessory buildings or improvements used or intended for residential, commercial,

1626     industrial, or other urban purposes, or any combination of those uses;
1627          (iv) the present condition or use of the proposed project area substantially impairs the
1628     sound growth of the municipality, retards the provision of housing accommodations, or
1629     constitutes an economic liability or is detrimental to the public health, safety, or welfare, as
1630     shown by the existence within the proposed project area of at least four of the following
1631     factors:
1632          (A) one of the following, although sometimes interspersed with well maintained
1633     buildings and infrastructure:
1634          (I) substantial physical dilapidation, deterioration, or defective construction of
1635     buildings or infrastructure; or
1636          (II) significant noncompliance with current building code, safety code, health code, or
1637     fire code requirements or local ordinances;
1638          (B) unsanitary or unsafe conditions in the proposed project area that threaten the
1639     health, safety, or welfare of the community;
1640          (C) environmental hazards, as defined in state or federal law, that require remediation
1641     as a condition for current or future use and development;
1642          (D) excessive vacancy, abandoned buildings, or vacant lots within an area zoned for
1643     urban use and served by utilities;
1644          (E) abandoned or outdated facilities that pose a threat to public health, safety, or
1645     welfare;
1646          (F) criminal activity in the project area, higher than that of comparable [nonblighted]
1647     areas in the municipality or county that are without a development impediment; and
1648          (G) defective or unusual conditions of title rendering the title nonmarketable; and
1649          (v) (A) at least 50% of the privately-owned parcels within the proposed project area are
1650     affected by at least one of the factors, but not necessarily the same factor, listed in Subsection
1651     (1)(a)(iv); and
1652          (B) the affected parcels comprise at least 66% of the privately-owned acreage of the
1653     proposed project area; or

1654          (b) the proposed project area includes some or all of a superfund site, inactive
1655     industrial site, or inactive airport site.
1656          (2) No single parcel comprising 10% or more of the acreage of the proposed project
1657     area may be counted as satisfying Subsection (1)(a)(iii) or (iv) unless at least 50% of the area of
1658     that parcel is occupied by buildings or improvements.
1659          (3) (a) For purposes of Subsection (1), if a participant involved in the project area
1660     development has caused a condition listed in Subsection (1)(a)(iv) within the proposed project
1661     area, that condition may not be used in the determination of [blight] a development
1662     impediment.
1663          (b) Subsection (3)(a) does not apply to a condition that was caused by an owner or
1664     tenant who becomes a participant.
1665          Section 27. Section 17C-2-304 is amended to read:
1666          17C-2-304. Challenging a development impediment determination -- Time limit --
1667     De novo review.
1668          (1) If the board makes a [finding of blight] development impediment determination
1669     under Subsection 17C-2-102(1)(a)(ii)(B) and that [finding] determination is approved by
1670     resolution adopted by the taxing entity committee, a record owner of property located within
1671     the proposed urban renewal project area may challenge the [finding] determination by filing an
1672     action with the district court for the county in which the property is located.
1673          (2) [Each] A person shall file a challenge under Subsection (1) [shall be filed] within
1674     30 days after the taxing entity committee approves the board's [finding of blight] development
1675     impediment determination.
1676          (3) In each action under this section, the district court shall review the [finding of
1677     blight] development impediment determination under the standards of review provided in
1678     Subsection 10-9a-801(3).
1679          Section 28. Section 17C-5-103 is amended to read:
1680          17C-5-103. Initiating a community reinvestment project area plan.
1681          (1) Subject to Subsection (2), a board shall initiate the process of adopting a

1682     community reinvestment project area plan by adopting a survey area resolution that:
1683          (a) designates a geographic area located within the agency's boundaries as a survey
1684     area;
1685          (b) contains a description or map of the boundaries of the survey area;
1686          (c) contains a statement that the survey area requires study to determine whether
1687     project area development is feasible within one or more proposed community reinvestment
1688     project areas within the survey area; and
1689          (d) authorizes the agency to:
1690          (i) prepare a proposed community reinvestment project area plan for each proposed
1691     community reinvestment project area; and
1692          (ii) conduct any examination, investigation, or negotiation regarding the proposed
1693     community reinvestment project area that the agency considers appropriate.
1694          (2) If an agency anticipates using eminent domain to acquire property within the survey
1695     area, the resolution described in Subsection (1) shall include:
1696          (a) a statement that the survey area requires study to determine whether [blight] a
1697     development impediment exists within the survey area; and
1698          (b) authorization for the agency to conduct a [blight] development impediment study in
1699     accordance with Section 17C-5-403.
1700          Section 29. Section 17C-5-104 is amended to read:
1701          17C-5-104. Process for adopting a community reinvestment project area plan --
1702     Prerequisites -- Restrictions.
1703          (1) An agency may not propose a community reinvestment project area plan unless the
1704     community in which the proposed community reinvestment project area plan is located:
1705          (a) has a planning commission; and
1706          (b) has adopted a general plan under:
1707          (i) if the community is a municipality, Title 10, Chapter 9a, Part 4, General Plan; or
1708          (ii) if the community is a county, Title 17, Chapter 27a, Part 4, General Plan.
1709          (2) (a) Before an agency may adopt a proposed community reinvestment project area

1710     plan, the agency shall conduct a [blight] development impediment study and make a [blight]
1711     development impediment determination in accordance with Part 4, [Blight] Development
1712     Impediment Determination in a Community Reinvestment Project Area, if the agency
1713     anticipates using eminent domain to acquire property within the proposed community
1714     reinvestment project area.
1715          (b) If applicable, an agency may not approve a community reinvestment project area
1716     plan more than one year after the agency adopts a resolution making a [finding of blight]
1717     development impediment determination under Section 17C-5-402.
1718          (3) To adopt a community reinvestment project area plan, an agency shall:
1719          (a) prepare a proposed community reinvestment project area plan in accordance with
1720     Section 17C-5-105;
1721          (b) make the proposed community reinvestment project area plan available to the
1722     public at the agency's office during normal business hours for at least 30 days before the plan
1723     hearing described in Subsection (3)(e);
1724          (c) before holding the plan hearing described in Subsection (3)(e), provide an
1725     opportunity for the State Board of Education and each taxing entity that levies or imposes a tax
1726     within the proposed community reinvestment project area to consult with the agency regarding
1727     the proposed community reinvestment project area plan;
1728          (d) provide notice of the plan hearing in accordance with Chapter 1, Part 8, Hearing
1729     and Notice Requirements;
1730          (e) hold a plan hearing on the proposed community reinvestment project area plan and,
1731     at the plan hearing:
1732          (i) allow public comment on:
1733          (A) the proposed community reinvestment project area plan; and
1734          (B) whether the agency should revise, approve, or reject the proposed community
1735     reinvestment project area plan; and
1736          (ii) receive all written and oral objections to the proposed community reinvestment
1737     project area plan; and

1738          (f) following the plan hearing described in Subsection (3)(e), or at a subsequent agency
1739     meeting:
1740          (i) consider:
1741          (A) the oral and written objections to the proposed community reinvestment project
1742     area plan and evidence and testimony for and against adoption of the proposed community
1743     reinvestment project area plan; and
1744          (B) whether to revise, approve, or reject the proposed community reinvestment project
1745     area plan;
1746          (ii) adopt a resolution in accordance with Section 17C-5-108 that approves the
1747     proposed community reinvestment project area plan, with or without revisions, as the
1748     community reinvestment project area plan; and
1749          (iii) submit the community reinvestment project area plan to the community legislative
1750     body for adoption.
1751          (4) (a) Except as provided in Subsection (4)(b), an agency may not modify a proposed
1752     community reinvestment project area plan to add one or more parcels to the proposed
1753     community reinvestment project area unless the agency holds a plan hearing to consider the
1754     addition and gives notice of the plan hearing in accordance with Chapter 1, Part 8, Hearing and
1755     Notice Requirements.
1756          (b) The notice and hearing requirements described in Subsection (4)(a) do not apply to
1757     a proposed community reinvestment project area plan being modified to add one or more
1758     parcels to the proposed community reinvestment project area if:
1759          (i) each parcel is contiguous to one or more parcels already included in the proposed
1760     community reinvestment project area under the proposed community reinvestment project area
1761     plan;
1762          (ii) the record owner of each parcel consents to adding the parcel to the proposed
1763     community reinvestment project area; and
1764          (iii) each parcel is located within the survey area.
1765          Section 30. Section 17C-5-105 is amended to read:

1766          17C-5-105. Community reinvestment project area plan requirements.
1767          [Each] An agency shall ensure that each community reinvestment project area plan and
1768     proposed community reinvestment project area plan [shall]:
1769          (1) subject to Section 17C-1-414, if applicable, [include] includes a boundary
1770     description and a map of the community reinvestment project area;
1771          (2) [contain] contains a general statement of the existing land uses, layout of principal
1772     streets, population densities, and building intensities of the community reinvestment project
1773     area and how each will be affected by project area development;
1774          (3) [state] states the standards that will guide project area development;
1775          (4) [show] shows how project area development will further purposes of this title;
1776          (5) [be] is consistent with the general plan of the community in which the community
1777     reinvestment project area is located and [show] shows that project area development will
1778     conform to the community's general plan;
1779          (6) if applicable, [describe] describes how project area development will eliminate or
1780     reduce [blight] a development impediment in the community reinvestment project area;
1781          (7) [describe] describes any specific project area development that is the object of the
1782     community reinvestment project area plan;
1783          (8) if applicable, [explain] explains how the agency plans to select a participant;
1784          (9) [state] states each reason the agency selected the community reinvestment project
1785     area;
1786          (10) [describe] describes the physical, social, and economic conditions that exist in the
1787     community reinvestment project area;
1788          (11) [describe] describes each type of financial assistance that the agency anticipates
1789     offering a participant;
1790          (12) [include] includes an analysis or description of the anticipated public benefit
1791     resulting from project area development, including benefits to the community's economic
1792     activity and tax base;
1793          (13) if applicable, [state] states that the agency shall comply with Section 9-8-404 as

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

1822     under Section 17C-5-402, a statement that the board made a [finding of blight] development
1823     impediment determination within the proposed community reinvestment project area and the
1824     date on which the board made the [finding of blight] determination.
1825          Section 32. Section 17C-5-112 is amended to read:
1826          17C-5-112. Amending a community reinvestment project area plan.
1827          (1) An agency may amend a community reinvestment project area plan in accordance
1828     with this section.
1829          (2) (a) If an amendment proposes to enlarge a community reinvestment project area's
1830     geographic area, the agency shall:
1831          (i) comply with this part as though the agency were creating a community reinvestment
1832     project area;
1833          (ii) if the agency anticipates receiving project area funds from the area proposed to be
1834     added to the community reinvestment project area, before the agency may collect project area
1835     funds:
1836          (A) for a community reinvestment project area plan that is subject to a taxing entity
1837     committee, obtain approval to receive tax increment from the taxing entity committee; or
1838          (B) for a community reinvestment project area plan that is subject to an interlocal
1839     agreement, obtain the approval of the taxing entity that is a party to the interlocal agreement;
1840     and
1841          (iii) if the agency anticipates acquiring property in the area proposed to be added to the
1842     community reinvestment project area by eminent domain, follow the procedures described in
1843     Section 17C-5-402.
1844          (b) The base year for the area proposed to be added to the community reinvestment
1845     project area shall be determined using the date of:
1846          (i) the taxing entity committee's consent as described in Subsection (2)(a)(ii)(A); or
1847          (ii) the taxing entity's consent as described in Subsection (2)(a)(ii)(B).
1848          (3) If an amendment does not propose to enlarge a community reinvestment project
1849     area's geographic area, the board may adopt a resolution approving the amendment after the

1850     agency:
1851          (a) if the amendment does not propose to allow the agency to receive a greater amount
1852     of project area funds or to extend a project area funds collection period:
1853          (i) gives notice in accordance with Section 17C-1-806; and
1854          (ii) holds a public hearing on the proposed amendment that meets the requirements
1855     described in Subsection 17C-5-104(3); or
1856          (b) if the amendment proposes to also allow the agency to receive a greater amount of
1857     project area funds or to extend a project area funds collection period:
1858          (i) complies with Subsection (3)(a)(i) and (ii); and
1859          (ii) (A) for a community reinvestment project area plan that is subject to a taxing entity
1860     committee, obtains approval from the taxing entity committee; or
1861          (B) for a community reinvestment project area plan that is subject to an interlocal
1862     agreement, obtains approval to receive project area funds from the taxing entity that is a party
1863     to the interlocal agreement.
1864          [(4) (a) An agency may amend a community reinvestment project area plan for a
1865     community reinvestment project area that is subject to an interlocal agreement for the purpose
1866     of using eminent domain to acquire one or more parcels within the community reinvestment
1867     project area.]
1868          (4) (a) If a board has not made a determination under Part 4, Development Impediment
1869     Determination in a Community Reinvestment Project Area, but intends to use eminent domain
1870     within a community reinvestment project area, the agency may amend the community
1871     reinvestment project area plan in accordance with this Subsection (4).
1872          (b) To amend a community reinvestment project area plan as described in Subsection
1873     (4)(a), an agency shall:
1874          (i) adopt a survey area resolution that identifies each parcel that the agency intends to
1875     study to determine whether [blight] a development impediment exists;
1876          (ii) in accordance with Part 4, [Blight] Development Impediment Determination in a
1877     Community Reinvestment Project Area, conduct a [blight] development impediment study

1878     within the survey area and make a [blight] development impediment determination; and
1879          [(iii) create a taxing entity committee whose sole purpose is to approve any finding of
1880     blight in accordance with Subsection 17C-5-402(3); and]
1881          [(iv)] (iii) obtain approval to amend the community reinvestment project area plan
1882     from each taxing entity that is a party to an interlocal agreement.
1883          (c) Amending a community reinvestment project area plan as described in this
1884     Subsection (4) does not affect:
1885          (i) the base year of the parcel or parcels that are the subject of an amendment under this
1886     Subsection (4); and
1887          (ii) any interlocal agreement under which the agency is authorized to receive project
1888     area funds from the community reinvestment project area.
1889          (5) An agency may amend a community reinvestment project area plan without
1890     obtaining the consent of a taxing entity or a taxing entity committee and without providing
1891     notice or holding a public hearing if the amendment:
1892          (a) makes a minor adjustment in the community reinvestment project area boundary
1893     that is requested by a county assessor or county auditor to avoid inconsistent property boundary
1894     lines; or
1895          (b) removes one or more parcels from a community reinvestment project area because
1896     the agency determines that each parcel is:
1897          (i) tax exempt;
1898          (ii) [no longer blighted] without a development impediment; or
1899          (iii) no longer necessary or desirable to the project area.
1900          (6) (a) An amendment approved by board resolution under this section may not take
1901     effect until the community legislative body adopts an ordinance approving the amendment.
1902          (b) Upon the community legislative body adopting an ordinance approving an
1903     amendment under Subsection (6)(a), the agency shall comply with the requirements described
1904     in Sections 17C-5-110 and 17C-5-111 as if the amendment were a community reinvestment
1905     project area plan.

1906          (7) (a) Within 30 days after the day on which an amendment to a project area plan
1907     becomes effective, a person may contest the amendment to the project area plan or the
1908     procedure used to adopt the amendment to the project area plan if the amendment or procedure
1909     fails to comply with a provision of this title.
1910          (b) After the 30-day period described in Subsection (7)(a) expires, a person may not
1911     contest the amendment to the project area plan or procedure used to adopt the amendment to
1912     the project area plan for any cause.
1913          Section 33. Section 17C-5-202 is amended to read:
1914          17C-5-202. Community reinvestment project area funding.
1915          (1) (a) [Except] Beginning on May 14, 2019, and except as provided in Subsection (2),
1916     for the purpose of receiving project area funds for use within a community reinvestment project
1917     area, an agency shall negotiate and enter into an interlocal agreement with a taxing entity in
1918     accordance with Section 17C-5-204 to receive all or a portion of the taxing entity's tax
1919     increment or sales and use tax revenue in accordance with the interlocal agreement.
1920          (b) If a community reinvestment project area is subject to an interlocal agreement
1921     under Subsection (1)(a) and the agency subsequently amends the community reinvestment
1922     project area plan as described in Subsection 17C-5-112(4), the agency shall continue to receive
1923     project area funds under the interlocal agreement.
1924          [(2) If an agency plans to create a community reinvestment project area and adopt a
1925     community reinvestment project area plan that provides for the use of eminent domain to
1926     acquire property within the community reinvestment project area, the agency shall create a
1927     taxing entity committee as described in Section 17C-1-402 and receive tax increment in
1928     accordance with Section 17C-5-203.]
1929          (2) Notwithstanding Subsection (1), an agency may receive tax increment in
1930     accordance with Section 17C-5-203 if the agency created a community reinvestment project
1931     area before May 14, 2019, that is subject to a taxing entity committee and provides for the use
1932     of eminent domain to acquire property within the community reinvestment project area.
1933          (3) An agency shall comply with [Chapter 5,] Part 3, Community Reinvestment Project

1934     Area Budget, regardless of whether an agency enters into an interlocal agreement under
1935     Subsection [(1) or creates a taxing entity committee] (1) or receives tax increment under
1936     Subsection (2).
1937          Section 34. Section 17C-5-203 is amended to read:
1938          17C-5-203. Community reinvestment project area subject to taxing entity
1939     committee -- Tax increment.
1940          (1) This section applies to a community reinvestment project area that an agency
1941     created before May 14, 2019, and that is subject to a taxing entity committee under Subsection
1942     17C-5-202(2).
1943          (2) Subject to the taxing entity committee's approval of a community reinvestment
1944     project area budget under Section 17C-5-304, and for the purpose of implementing a
1945     community reinvestment project area plan, an agency may receive up to 100% of a taxing
1946     entity's tax increment, or any specified dollar amount of tax increment, for any period of time.
1947          (3) Notwithstanding Subsection (2), an agency that adopts a community reinvestment
1948     project area plan that is subject to a taxing entity committee may negotiate and enter into an
1949     interlocal agreement with a taxing entity and receive all or a portion of the taxing entity's sales
1950     and use tax revenue for any period of time.
1951          Section 35. Section 17C-5-205 is amended to read:
1952          17C-5-205. Interlocal agreement to provide project area funds for the community
1953     reinvestment project area subject to interlocal agreement -- Notice -- Effective date of
1954     interlocal agreement -- Time to contest interlocal agreement -- Availability of interlocal
1955     agreement.
1956          (1) [The] An agency shall:
1957          (a) approve and adopt an interlocal agreement described in Section 17C-5-204 at an
1958     open and public meeting[.]; and
1959          (b) provide a notice of the meeting titled "Diversion of Property Tax for a Community
1960     Reinvestment Project Area."
1961          (2) (a) Upon the execution of an interlocal agreement described in Section 17C-5-204,

1962     the agency shall provide notice of the execution by:
1963          (i) (A) publishing or causing to be published a notice in a newspaper of general
1964     circulation within the agency's boundaries; or
1965          (B) if there is no newspaper of general circulation within the agency's boundaries,
1966     causing the notice to be posted in at least three public places within the agency's boundaries;
1967     and
1968          (ii) publishing or causing the notice to be published on the Utah Public Notice Website
1969     created in Section 63F-1-701.
1970          (b) A notice described in Subsection (2)(a) shall include:
1971          (i) a summary of the interlocal agreement; and
1972          (ii) a statement that the interlocal agreement:
1973          (A) is available for public inspection and the hours for inspection; and
1974          (B) authorizes the agency to receive all or a portion of a taxing entity's tax increment or
1975     sales and use tax revenue.
1976          (3) An interlocal agreement described in Section 17C-5-204 is effective the day on
1977     which the notice described in Subsection (2) is published or posted in accordance with
1978     Subsection (2)(a).
1979          (4) (a) Within 30 days after the day on which the interlocal agreement is effective, a
1980     person may contest the interlocal agreement or the procedure used to adopt the interlocal
1981     agreement if the interlocal agreement or procedure fails to comply with a provision of this title.
1982          (b) After the 30-day period described in Subsection (4)(a) expires, a person may not
1983     contest:
1984          (i) the interlocal agreement;
1985          (ii) a distribution of tax increment to the agency under the interlocal agreement; or
1986          (iii) the agency's use of project area funds under the interlocal agreement.
1987          (5) A taxing entity that enters into an interlocal agreement under Section 17C-5-204
1988     shall make a copy of the interlocal agreement available to the public at the taxing entity's office
1989     for inspection and copying during normal business hours.

1990          Section 36. Section 17C-5-401 is amended to read:
1991     
Part 4. Development Impediment Determination in a Community

1992     
Reinvestment Project Area

1993          17C-5-401. Title.
1994          This part is known as "[Blight] Development Impediment Determination in a
1995     Community Reinvestment Project Area."
1996          Section 37. Section 17C-5-402 is amended to read:
1997          17C-5-402. Development impediment determination in a community
1998     reinvestment project area -- Prerequisites -- Restrictions.
1999          (1) An agency shall comply with the provisions of this section before the agency may
2000     use eminent domain to acquire property under Chapter 1, Part 9, Eminent Domain.
2001          (2) An agency shall, after adopting a survey area resolution as described in Section
2002     17C-5-103:
2003          (a) cause a [blight] development impediment study to be conducted within the survey
2004     area in accordance with Section 17C-5-403;
2005          (b) provide notice and hold a [blight] development impediment hearing in accordance
2006     with Chapter 1, Part 8, Hearing and Notice Requirements; and
2007          (c) after the [blight] development impediment hearing, at the same or at a subsequent
2008     meeting:
2009          (i) consider [the issue of blight and] the evidence and information relating to the
2010     existence or nonexistence of [blight] a development impediment; and
2011          (ii) by resolution, make a [finding] determination regarding whether [blight] a
2012     development impediment exists in all or part of the survey area.
2013          [(3) (a) If an agency makes a finding of blight under Subsection (2), the agency may
2014     not adopt an original community reinvestment project area plan or an amendment to a
2015     community reinvestment project area plan under Subsection 17C-5-112(4) until the taxing
2016     entity committee approves the finding of blight.]
2017          [(b) (i) A taxing entity committee shall approve an agency's finding of blight unless the

2018     taxing entity committee demonstrates that the conditions the agency found to exist in the
2019     survey area that support the agency's finding of blight:]
2020          [(A) do not exist; or]
2021          [(B) do not constitute blight under Section 17C-5-405.]
2022          [(ii) (A) If the taxing entity committee questions or disputes the existence of some or
2023     all of the blight conditions that the agency found to exist in the survey area, the taxing entity
2024     committee may hire a consultant, mutually agreed upon by the taxing entity committee and the
2025     agency, with the necessary expertise to assist the taxing entity committee in making a
2026     determination as to the existence of the questioned or disputed blight conditions.]
2027          [(B) The agency shall pay the fees and expenses of each consultant hired under
2028     Subsection (3)(b)(ii)(A).]
2029          [(C) The findings of a consultant hired under Subsection (3)(b)(ii)(A) are binding on
2030     the taxing entity committee and the agency.]
2031          Section 38. Section 17C-5-403 is amended to read:
2032          17C-5-403. Development impediment study -- Requirements -- Deadline.
2033          (1) [A blight] An agency shall ensure that a development impediment study [shall]:
2034          (a) [undertake] undertakes a parcel by parcel survey of the survey area;
2035          (b) [provide] provides data so the board [and taxing entity committee] may determine:
2036          (i) whether the conditions described in Section 17C-5-405:
2037          (A) exist in part or all of the survey area; and
2038          (B) meet the qualifications for a [finding of blight] development impediment
2039     determination in all or part of the survey area; and
2040          (ii) whether the survey area contains all or part of a superfund site;
2041          (c) [include] includes a written report that states:
2042          (i) the conclusions reached;
2043          (ii) any area within the survey area that meets the statutory criteria of [blight] a
2044     development impediment under Section 17C-5-405; and
2045          (iii) any other information requested by the agency to determine whether [blight] a

2046     development impediment exists within the survey area; and
2047          (d) [be] is completed within one year after the day on which the survey area resolution
2048     is adopted.
2049          (2) (a) If a [blight] development impediment study is not completed within the time
2050     described in Subsection (1)(d), the agency may not approve a community reinvestment project
2051     area plan or an amendment to a community reinvestment project area plan under Subsection
2052     17C-5-112(4) based on a [blight] development impediment study unless the agency first adopts
2053     a new resolution under Subsection 17C-5-103(1).
2054          (b) A new resolution described in Subsection (2)(a) shall in all respects be considered
2055     to be a resolution under Subsection 17C-5-103(1) adopted for the first time, except that any
2056     actions taken toward completing a [blight] development impediment study under the resolution
2057     that the new resolution replaces shall be considered to have been taken under the new
2058     resolution.
2059          (3) (a) For the purpose of making a [blight] development impediment determination
2060     under Subsection 17C-5-402(2)(c)(ii), a [blight] development impediment study is valid for
2061     one year from the day on which the [blight] development impediment study is completed.
2062          (b) (i) Except as provided in Subsection (3)(b)(ii), an agency that makes a [blight]
2063     development impediment determination under a valid [blight] development impediment study
2064     and subsequently adopts a community reinvestment project area plan in accordance with
2065     Section 17C-5-104 may amend the community reinvestment project area plan without
2066     conducting a new [blight] development impediment study.
2067          (ii) An agency shall conduct a supplemental [blight] development impediment study
2068     for the area proposed to be added to the community reinvestment project area if the agency
2069     proposes an amendment to a community reinvestment project area plan that:
2070          (A) increases the community reinvestment project area's geographic boundary and the
2071     area proposed to be added was not included in the original [blight] development impediment
2072     study; and
2073          (B) provides for the use of eminent domain within the area proposed to be added to the

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

2102     industrial, or other urban purposes;
2103          (iv) the present condition or use of the survey area substantially impairs the sound
2104     growth of the community, delays the provision of housing accommodations, constitutes an
2105     economic liability, or is detrimental to the public health, safety, or welfare, as shown by the
2106     existence within the survey area of at least four of the following factors:
2107          (A) although sometimes interspersed with well maintained buildings and infrastructure,
2108     substantial physical dilapidation, deterioration, or defective construction of buildings or
2109     infrastructure, or significant noncompliance with current building code, safety code, health
2110     code, or fire code requirements or local ordinances;
2111          (B) unsanitary or unsafe conditions in the survey area that threaten the health, safety, or
2112     welfare of the community;
2113          (C) environmental hazards, as defined in state or federal law, which require
2114     remediation as a condition for current or future use and development;
2115          (D) excessive vacancy, abandoned buildings, or vacant lots within an area zoned for
2116     urban use and served by utilities;
2117          (E) abandoned or outdated facilities that pose a threat to public health, safety, or
2118     welfare;
2119          (F) criminal activity in the survey area, higher than that of comparable [nonblighted]
2120     areas in the municipality or county that are without a development impediment; and
2121          (G) defective or unusual conditions of title rendering the title nonmarketable; and
2122          (v) (A) at least 50% of the privately owned parcels within the survey area are affected
2123     by at least one of the factors, but not necessarily the same factor, listed in Subsection (1)(a)(iv);
2124     and
2125          (B) the affected parcels comprise at least 66% of the privately owned acreage within
2126     the survey area; or
2127          (b) the survey area includes some or all of:
2128          (i) a superfund site;
2129          (ii) a site used for the disposal of solid waste or hazardous waste, as those terms are

2130     defined in Section 19-6-102;
2131          (iii) an inactive industrial site; or
2132          (iv) an inactive airport site.
2133          (2) A single parcel comprising 10% or more of the acreage within the survey area may
2134     not be counted as satisfying the requirement described in Subsection (1)(a)(iii) or (iv) unless at
2135     least 50% of the area of the parcel is occupied by buildings or improvements.
2136          (3) (a) Except as provided in Subsection (3)(b), for purposes of Subsection (1), if a
2137     participant or proposed participant involved in the project area development has caused a
2138     condition listed in Subsection (1)(a)(iv) within the survey area, that condition may not be used
2139     in the determination of [blight] a development impediment.
2140          (b) Subsection (3)(a) does not apply to a condition that was caused by an owner or
2141     tenant who later becomes a participant.
2142          Section 41. Section 17C-5-406 is amended to read:
2143          17C-5-406. Challenging a finding of development impediment determination --
2144     Time limit -- Standards governing court review.
2145          (1) If a board makes a [finding of blight] development impediment determination
2146     under Subsection 17C-5-402(2)(c)(ii) [and the finding is approved by resolution adopted by the
2147     taxing entity committee], a record owner of property located within the survey area may
2148     challenge the [finding] determination by filing an action in the district court in the county in
2149     which the property is located no later than 30 days after the day on which the board makes the
2150     determination.
2151          [(2) A person shall file an action under Subsection (1) no later than 30 days after the
2152     day on which the taxing entity committee approves the board's finding of blight.]
2153          [(3)] (2) In an action under this section:
2154          (a) the agency shall transmit to the district court the record of the agency's proceedings,
2155     including any minutes, findings, determinations, orders, or transcripts of the agency's
2156     proceedings;
2157          (b) the district court shall review the [finding of blight] development impediment

2158     determination under the standards of review provided in Subsection 10-9a-801(3); and
2159          (c) (i) if there is a record:
2160          (A) the district court's review is limited to the record provided by the agency; and
2161          (B) the district court may not accept or consider any evidence outside the record of the
2162     agency, unless the evidence was offered to the agency and the district court determines that the
2163     agency improperly excluded the evidence; or
2164          (ii) if there is no record, the district court may call witnesses and take evidence.