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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 This bill provides a coordination clause.
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 Utah Code Sections Affected by Coordination Clause:
71 17C-5-202, as last amended by Laws of Utah 2017, Chapter 456
72
73 Be it enacted by the Legislature of the state of Utah:
74 Section 1. Section 10-8-2 is amended to read:
75 10-8-2. Appropriations -- Acquisition and disposal of property -- Municipal
76 authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
77 (1) (a) A municipal legislative body may:
78 (i) appropriate money for corporate purposes only;
79 (ii) provide for payment of debts and expenses of the corporation;
80 (iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and
81 dispose of real and personal property for the benefit of the municipality, whether the property is
82 within or without the municipality's corporate boundaries, if the action is in the public interest
83 and complies with other law;
84 (iv) improve, protect, and do any other thing in relation to this property that an
85 individual could do; and
86 (v) subject to Subsection (2) and after first holding a public hearing, authorize
87 municipal services or other nonmonetary assistance to be provided to or waive fees required to
88 be paid by a nonprofit entity, whether or not the municipality receives consideration in return.
89 (b) A municipality may:
90 (i) furnish all necessary local public services within the municipality;
91 (ii) purchase, hire, construct, own, maintain and operate, or lease public utilities
92 located and operating within and operated by the municipality; and
93 (iii) subject to Subsection (1)(c), acquire by eminent domain, or otherwise, property
94 located inside or outside the corporate limits of the municipality and necessary for any of the
95 purposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title 78B,
96 Chapter 6, Part 5, Eminent Domain, and general law for the protection of other communities.
97 (c) Each municipality that intends to acquire property by eminent domain under
98 Subsection (1)(b) shall comply with the requirements of Section 78B-6-505.
99 (d) Subsection (1)(b) may not be construed to diminish any other authority a
100 municipality may claim to have under the law to acquire by eminent domain property located
101 inside or outside the municipality.
102 (2) (a) Services or assistance provided pursuant to Subsection (1)(a)(v) is not subject to
103 the provisions of Subsection (3).
104 (b) The total amount of services or other nonmonetary assistance provided or fees
105 waived under Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the
106 municipality's budget for that fiscal year.
107 (3) It is considered a corporate purpose to appropriate money for any purpose that, in
108 the judgment of the municipal legislative body, provides for the safety, health, prosperity,
109 moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality
110 subject [
111 (a) The net value received for any money appropriated shall be measured on a
112 project-by-project basis over the life of the project.
113 (b) (i) [
114 under this Subsection (3) [
115
116 (ii) A municipal legislative body's determination of value received is presumed valid
117 unless [
118 illegal.
119 (c) The municipality may consider intangible benefits received by the municipality in
120 determining net value received.
121 (d) (i) [
122 appropriate any funds for a corporate purpose under this section, [
123
124 (ii) [
125 municipal legislative body shall publish a notice of the hearing described in Subsection
126 (3)(d)(i):
127 (A) [
128 hearing[
129 three conspicuous places within the municipality for the same time period; and
130 (B) on the Utah Public Notice Website created in Section 63F-1-701, at least 14 days
131 before the date of the hearing.
132 [
133
134
135
136 (e) (i) Before a municipality provides notice as described in Subsection (3)(d)(ii), the
137 municipality shall perform a study that analyzes and demonstrates the purpose for an
138 appropriation described in this Subsection (3) in accordance with Subsection (3)(e)(iii).
139 (ii) A municipality shall make the study described in Subsection (3)(e)(i) available at
140 the municipality for review by interested parties at least 14 days immediately before the public
141 hearing described in Subsection (3)(d)(i).
142 (iii) A municipality shall consider the following factors when conducting the study
143 described in Subsection (3)(e)(i):
144 [
145 resources appropriated;
146 [
147 way the appropriation will be used to enhance the safety, health, prosperity, moral well-being,
148 peace, order, comfort, or convenience of the inhabitants of the municipality; and
149 [
150 reasonable goals and objectives of the municipality in the area of economic development, job
151 creation, affordable housing, [
152 preservation, the preservation of historic structures and property, and any other public purpose.
153 (f) (i) An appeal may be taken from a final decision of the municipal legislative body,
154 to make an appropriation.
155 (ii) [
156
157 court within 30 days after the day on which the municipal legislative body makes a decision.
158 (iii) Any appeal shall be based on the record of the proceedings before the legislative
159 body.
160 (iv) A decision of the municipal legislative body shall be presumed to be valid unless
161 the appealing party shows that the decision was arbitrary, capricious, or illegal.
162 (g) The provisions of this Subsection (3) apply only to those appropriations made after
163 May 6, 2002.
164 (h) This section applies only to appropriations not otherwise approved pursuant to Title
165 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6, Uniform
166 Fiscal Procedures Act for Utah Cities.
167 (4) (a) Before a municipality may dispose of a significant parcel of real property, the
168 municipality shall:
169 (i) provide reasonable notice of the proposed disposition at least 14 days before the
170 opportunity for public comment under Subsection (4)(a)(ii); and
171 (ii) allow an opportunity for public comment on the proposed disposition.
172 (b) Each municipality shall, by ordinance, define what constitutes:
173 (i) a significant parcel of real property for purposes of Subsection (4)(a); and
174 (ii) reasonable notice for purposes of Subsection (4)(a)(i).
175 (5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
176 real property for the purpose of expanding the municipality's infrastructure or other facilities
177 used for providing services that the municipality offers or intends to offer shall provide written
178 notice, as provided in this Subsection (5), of its intent to acquire the property if:
179 (i) the property is located:
180 (A) outside the boundaries of the municipality; and
181 (B) in a county of the first or second class; and
182 (ii) the intended use of the property is contrary to:
183 (A) the anticipated use of the property under the general plan of the county in whose
184 unincorporated area or the municipality in whose boundaries the property is located; or
185 (B) the property's current zoning designation.
186 (b) Each notice under Subsection (5)(a) shall:
187 (i) indicate that the municipality intends to acquire real property;
188 (ii) identify the real property; and
189 (iii) be sent to:
190 (A) each county in whose unincorporated area and each municipality in whose
191 boundaries the property is located; and
192 (B) each affected entity.
193 (c) A notice under this Subsection (5) is a protected record as provided in Subsection
194 63G-2-305(8).
195 (d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
196 previously provided notice under Section 10-9a-203 identifying the general location within the
197 municipality or unincorporated part of the county where the property to be acquired is located.
198 (ii) If a municipality is not required to comply with the notice requirement of
199 Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide
200 the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real
201 property.
202 Section 2. Section 10-9a-403 is amended to read:
203 10-9a-403. General plan preparation.
204 (1) (a) The planning commission shall provide notice, as provided in Section
205 10-9a-203, of its intent to make a recommendation to the municipal legislative body for a
206 general plan or a comprehensive general plan amendment when the planning commission
207 initiates the process of preparing its recommendation.
208 (b) The planning commission shall make and recommend to the legislative body a
209 proposed general plan for the area within the municipality.
210 (c) The plan may include areas outside the boundaries of the municipality if, in the
211 planning commission's judgment, those areas are related to the planning of the municipality's
212 territory.
213 (d) Except as otherwise provided by law or with respect to a municipality's power of
214 eminent domain, when the plan of a municipality involves territory outside the boundaries of
215 the municipality, the municipality may not take action affecting that territory without the
216 concurrence of the county or other municipalities affected.
217 (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
218 and descriptive and explanatory matter, shall include the planning commission's
219 recommendations for the following plan elements:
220 (i) a land use element that:
221 (A) designates the long-term goals and the proposed extent, general distribution, and
222 location of land for housing, business, industry, agriculture, recreation, education, public
223 buildings and grounds, open space, and other categories of public and private uses of land as
224 appropriate; and
225 (B) may include a statement of the projections for and standards of population density
226 and building intensity recommended for the various land use categories covered by the plan;
227 (ii) a transportation and traffic circulation element consisting of the general location
228 and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
229 any other modes of transportation that the planning commission considers appropriate, all
230 correlated with the population projections and the proposed land use element of the general
231 plan; and
232 (iii) for a municipality described in Subsection 10-9a-401(3)(b), a plan that provides a
233 realistic opportunity to meet the need for additional moderate income housing.
234 (b) In drafting the moderate income housing element, the planning commission:
235 (i) shall consider the Legislature's determination that municipalities shall facilitate a
236 reasonable opportunity for a variety of housing, including moderate income housing:
237 (A) to meet the needs of people desiring to live in the community; and
238 (B) to allow persons with moderate incomes to benefit from and fully participate in all
239 aspects of neighborhood and community life; and
240 (ii) for a town, may include, and for other municipalities, shall include, an analysis of
241 why the recommended means, techniques, or combination of means and techniques provide a
242 realistic opportunity for the development of moderate income housing within the next five
243 years, which means or techniques may include a recommendation to:
244 (A) rezone for densities necessary to assure the production of moderate income
245 housing;
246 (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
247 construction of moderate income housing;
248 (C) encourage the rehabilitation of existing uninhabitable housing stock into moderate
249 income housing;
250 (D) consider general fund subsidies to waive construction related fees that are
251 otherwise generally imposed by the city;
252 (E) consider utilization of state or federal funds or tax incentives to promote the
253 construction of moderate income housing;
254 (F) consider utilization of programs offered by the Utah Housing Corporation within
255 that agency's funding capacity;
256 (G) consider utilization of affordable housing programs administered by the
257 Department of Workforce Services; and
258 (H) consider utilization of programs administered by an association of governments
259 established by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act.
260 (c) In drafting the land use element, the planning commission shall:
261 (i) identify and consider each agriculture protection area within the municipality; and
262 (ii) avoid proposing a use of land within an agriculture protection area that is
263 inconsistent with or detrimental to the use of the land for agriculture.
264 (3) The proposed general plan may include:
265 (a) an environmental element that addresses:
266 (i) the protection, conservation, development, and use of natural resources, including
267 the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
268 and other natural resources; and
269 (ii) the reclamation of land, flood control, prevention and control of the pollution of
270 streams and other waters, regulation of the use of land on hillsides, stream channels and other
271 environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
272 protection of watersheds and wetlands, and the mapping of known geologic hazards;
273 (b) a public services and facilities element showing general plans for sewage, water,
274 waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
275 police and fire protection, and other public services;
276 (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
277 programs for:
278 (i) historic preservation;
279 (ii) the diminution or elimination of [
280 Section 17C-1-102; and
281 (iii) redevelopment of land, including housing sites, business and industrial sites, and
282 public building sites;
283 (d) an economic element composed of appropriate studies and forecasts, as well as an
284 economic development plan, which may include review of existing and projected municipal
285 revenue and expenditures, revenue sources, identification of basic and secondary industry,
286 primary and secondary market areas, employment, and retail sales activity;
287 (e) recommendations for implementing all or any portion of the general plan, including
288 the use of land use ordinances, capital improvement plans, community development and
289 promotion, and any other appropriate action;
290 (f) provisions addressing any of the matters listed in Subsection 10-9a-401(2) or (3);
291 and
292 (g) any other element the municipality considers appropriate.
293 Section 3. Section 11-58-601 is amended to read:
294 11-58-601. Port authority receipt and use of property tax differential --
295 Distribution of property tax differential.
296 (1) (a) The authority may:
297 (i) subject to Subsections (1)(b), (c), and (d), receive up to 100% of the property tax
298 differential for a period ending up to 25 years after a certificate of occupancy is issued with
299 respect to improvements on a parcel, as determined by the board and as provided in this part;
300 and
301 (ii) use the property tax differential during and after the period described in Subsection
302 (1)(a)(i).
303 (b) With respect to a parcel located within a project area, the 25-year period described
304 in Subsection (1)(a)(i) begins on the day on which the authority receives the first property tax
305 differential from that parcel.
306 (c) The authority may not receive property tax differential from an area included within
307 a community reinvestment project area[
308 reinvestment project area plan, as defined in Section 17C-1-102, adopted before March 1,
309 2018, from a taxing entity that has, before March 1, 2018, entered into a fully executed, legally
310 binding agreement under which the taxing entity agrees to the use of its tax increment, as
311 defined in Section 17C-1-102, under the community reinvestment project area plan.
312 (d) The authority shall pay to a community reinvestment agency 10% of the property
313 tax differential generated from land located within that community reinvestment agency, to be
314 used for affordable housing as provided in Section 17C-1-412.
315 (2) A county that collects property tax on property within a project area shall pay and
316 distribute to the authority the property tax differential that the authority is entitled to collect
317 under this title, in the manner and at the time provided in Section 59-2-1365.
318 (3) (a) The board shall determine by resolution when the entire project area or an
319 individual parcel within a project area is subject to property tax differential.
320 (b) The board shall amend the project area budget to reflect whether a parcel within a
321 project area is subject to property tax differential.
322 Section 4. Section 17-27a-403 is amended to read:
323 17-27a-403. Plan preparation.
324 (1) (a) The planning commission shall provide notice, as provided in Section
325 17-27a-203, of its intent to make a recommendation to the county legislative body for a general
326 plan or a comprehensive general plan amendment when the planning commission initiates the
327 process of preparing its recommendation.
328 (b) The planning commission shall make and recommend to the legislative body a
329 proposed general plan for:
330 (i) the unincorporated area within the county; or
331 (ii) if the planning commission is a planning commission for a mountainous planning
332 district, the mountainous planning district.
333 (c) (i) The plan may include planning for incorporated areas if, in the planning
334 commission's judgment, they are related to the planning of the unincorporated territory or of
335 the county as a whole.
336 (ii) Elements of the county plan that address incorporated areas are not an official plan
337 or part of a municipal plan for any municipality, unless it is recommended by the municipal
338 planning commission and adopted by the governing body of the municipality.
339 (iii) Notwithstanding Subsection (1)(c)(ii), if property is located in a mountainous
340 planning district, the plan for the mountainous planning district controls and precedes a
341 municipal plan, if any, to which the property would be subject.
342 (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
343 and descriptive and explanatory matter, shall include the planning commission's
344 recommendations for the following plan elements:
345 (i) a land use element that:
346 (A) designates the long-term goals and the proposed extent, general distribution, and
347 location of land for housing, business, industry, agriculture, recreation, education, public
348 buildings and grounds, open space, and other categories of public and private uses of land as
349 appropriate; and
350 (B) may include a statement of the projections for and standards of population density
351 and building intensity recommended for the various land use categories covered by the plan;
352 (ii) a transportation and traffic circulation element consisting of the general location
353 and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
354 any other modes of transportation that the planning commission considers appropriate, all
355 correlated with the population projections and the proposed land use element of the general
356 plan;
357 (iii) a plan for the development of additional moderate income housing within the
358 unincorporated area of the county or the mountainous planning district, and a plan to provide a
359 realistic opportunity to meet the need for additional moderate income housing; and
360 (iv) before May 1, 2017, a resource management plan detailing the findings, objectives,
361 and policies required by Subsection 17-27a-401(3).
362 (b) In drafting the moderate income housing element, the planning commission:
363 (i) shall consider the Legislature's determination that counties should facilitate a
364 reasonable opportunity for a variety of housing, including moderate income housing:
365 (A) to meet the needs of people desiring to live there; and
366 (B) to allow persons with moderate incomes to benefit from and fully participate in all
367 aspects of neighborhood and community life; and
368 (ii) shall include an analysis of why the recommended means, techniques, or
369 combination of means and techniques provide a realistic opportunity for the development of
370 moderate income housing within the planning horizon, which means or techniques may include
371 a recommendation to:
372 (A) rezone for densities necessary to assure the production of moderate income
373 housing;
374 (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
375 construction of moderate income housing;
376 (C) encourage the rehabilitation of existing uninhabitable housing stock into moderate
377 income housing;
378 (D) consider county general fund subsidies to waive construction related fees that are
379 otherwise generally imposed by the county;
380 (E) consider utilization of state or federal funds or tax incentives to promote the
381 construction of moderate income housing;
382 (F) consider utilization of programs offered by the Utah Housing Corporation within
383 that agency's funding capacity; and
384 (G) consider utilization of affordable housing programs administered by the
385 Department of Workforce Services.
386 (c) In drafting the land use element, the planning commission shall:
387 (i) identify and consider each agriculture protection area within the unincorporated area
388 of the county or mountainous planning district; and
389 (ii) avoid proposing a use of land within an agriculture protection area that is
390 inconsistent with or detrimental to the use of the land for agriculture.
391 (3) The proposed general plan may include:
392 (a) an environmental element that addresses:
393 (i) to the extent not covered by the county's resource management plan, the protection,
394 conservation, development, and use of natural resources, including the quality of air, forests,
395 soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources;
396 and
397 (ii) the reclamation of land, flood control, prevention and control of the pollution of
398 streams and other waters, regulation of the use of land on hillsides, stream channels and other
399 environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
400 protection of watersheds and wetlands, and the mapping of known geologic hazards;
401 (b) a public services and facilities element showing general plans for sewage, water,
402 waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
403 police and fire protection, and other public services;
404 (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
405 programs for:
406 (i) historic preservation;
407 (ii) the diminution or elimination of [
408 Section 17C-1-102; and
409 (iii) redevelopment of land, including housing sites, business and industrial sites, and
410 public building sites;
411 (d) an economic element composed of appropriate studies and forecasts, as well as an
412 economic development plan, which may include review of existing and projected county
413 revenue and expenditures, revenue sources, identification of basic and secondary industry,
414 primary and secondary market areas, employment, and retail sales activity;
415 (e) recommendations for implementing all or any portion of the general plan, including
416 the use of land use ordinances, capital improvement plans, community development and
417 promotion, and any other appropriate action;
418 (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2) or
419 (3)(a)(i); and
420 (g) any other element the county considers appropriate.
421 Section 5. Section 17-50-303 is amended to read:
422 17-50-303. County may not give or lend credit -- County may borrow in
423 anticipation of revenues -- Assistance to nonprofit and private entities.
424 (1) A county may not give or lend its credit to or in aid of any person or corporation,
425 or, except as provided in Subsection (3), appropriate money in aid of any private enterprise.
426 (2) (a) A county may borrow money in anticipation of the collection of taxes and other
427 county revenues in the manner and subject to the conditions of Title 11, Chapter 14, Local
428 Government Bonding Act.
429 (b) A county may incur indebtedness under Subsection (2)(a) for any purpose for which
430 funds of the county may be expended.
431 (3) (a) A county may appropriate money to or provide nonmonetary assistance to a
432 nonprofit entity, or waive fees required to be paid by a nonprofit entity, if, in the judgment of
433 the county legislative body, the assistance contributes to the safety, health, prosperity, moral
434 well-being, peace, order, comfort, or convenience of county residents.
435 (b) A county may appropriate money to a nonprofit entity from the county's own funds
436 or from funds the county receives from the state or any other source.
437 (4) (a) As used in this Subsection (4):
438 (i) "Private enterprise" means a person that engages in an activity for profit.
439 (ii) "Project" means an activity engaged in by a private enterprise.
440 (b) A county may appropriate money in aid of a private enterprise project if:
441 (i) subject to Subsection (4)(c), the county receives value in return for the money
442 appropriated; and
443 (ii) in the judgment of the county legislative body, the private enterprise project
444 provides for the safety, health, prosperity, moral well-being, peace, order, comfort, or
445 convenience of the county residents.
446 (c) The county shall measure the net value received by the county for money
447 appropriated by the county to a private entity on a project-by-project basis over the life of the
448 project.
449 (d) (i) Before a county legislative body may appropriate funds in aid of a private
450 enterprise project under this Subsection (4), the county legislative body shall:
451 (A) adopt by ordinance criteria to determine what value, if any, the county will receive
452 in return for money appropriated under this Subsection (4);
453 (B) conduct a study as described in Subsection (4)(e) on the proposed appropriation
454 and private enterprise project; and
455 (C) post notice, subject to Subsection (4)(f), and hold a public hearing on the proposed
456 appropriation and the private enterprise project.
457 (ii) The county legislative body may consider an intangible benefit as a value received
458 by the county.
459 (e) (i) Before publishing or posting notice in accordance with Subsection (4)(f), the
460 county shall study:
461 (A) any value the county will receive in return for money or resources appropriated to a
462 private entity;
463 (B) the county's purpose for the appropriation, including an analysis of the way the
464 appropriation will be used to enhance the safety, health, prosperity, moral well-being, peace,
465 order, comfort, or convenience of the county residents; and
466 (C) whether the appropriation is necessary and appropriate to accomplish the
467 reasonable goals and objectives of the county in the area of economic development, job
468 creation, affordable housing, [
469 Section 17C-1-102, job preservation, the preservation of historic structures, analyzing and
470 improving county government structure or property, or any other public purpose.
471 (ii) The county shall:
472 (A) prepare a written report of the results of the study; and
473 (B) make the report available to the public at least 14 days immediately prior to the
474 scheduled day of the public hearing described in Subsection (4)(d)(i)(C).
475 (f) The county shall publish notice of the public hearing required in Subsection
476 (4)(d)(i)(C):
477 (i) in a newspaper of general circulation at least 14 days before the date of the hearing
478 or, if there is no newspaper of general circulation, by posting notice in at least three
479 conspicuous places within the county for the same time period; and
480 (ii) on the Utah Public Notice Website created in Section 63F-1-701, at least 14 days
481 before the date of the hearing.
482 (g) (i) A person may appeal the decision of the county legislative body to appropriate
483 funds under this Subsection (4).
484 (ii) A person shall file an appeal with the district court within 30 days after the day on
485 which the legislative body adopts an ordinance or approves a budget to appropriate the funds.
486 (iii) A court shall:
487 (A) presume that an ordinance adopted or appropriation made under this Subsection (4)
488 is valid; and
489 (B) determine only whether the ordinance or appropriation is arbitrary, capricious, or
490 illegal.
491 (iv) A determination of illegality requires a determination that the decision or
492 ordinance violates a law, statute, or ordinance in effect at the time the decision was made or the
493 ordinance was adopted.
494 (v) The district court's review is limited to:
495 (A) a review of the criteria adopted by the county legislative body under Subsection
496 (4)(d)(i)(A);
497 (B) the record created by the county legislative body at the public hearing described in
498 Subsection (4)(d)(i)(C); and
499 (C) the record created by the county in preparation of the study and the study itself as
500 described in Subsection (4)(e).
501 (vi) If there is no record, the court may call witnesses and take evidence.
502 (h) This section applies only to an appropriation not otherwise approved in accordance
503 with Title 17, Chapter 36, Uniform Fiscal Procedures Act for Counties.
504 Section 6. Section 17C-1-102 is amended to read:
505 17C-1-102. Definitions.
506 As used in this title:
507 (1) "Active project area" means a project area that has not been dissolved in accordance
508 with Section 17C-1-702.
509 (2) "Adjusted tax increment" means the percentage of tax increment, if less than 100%,
510 that an agency is authorized to receive :
511 (a) for a pre-July 1, 1993, project area plan, under Section 17C-1-403, excluding tax
512 increment under Subsection 17C-1-403(3);
513 (b) for a post-June 30, 1993, project area plan, under Section 17C-1-404, excluding tax
514 increment under Section 17C-1-406;
515 (c) under a project area budget approved by a taxing entity committee; or
516 (d) under an interlocal agreement that authorizes the agency to receive a taxing entity's
517 tax increment.
518 (3) "Affordable housing" means housing owned or occupied by a low or moderate
519 income family, as determined by resolution of the agency.
520 (4) "Agency" or "community reinvestment agency" means a separate body corporate
521 and politic, created under Section 17C-1-201.5 or as a redevelopment agency or community
522 development and renewal agency under previous law:
523 (a) that is a political subdivision of the state;
524 (b) that is created to undertake or promote project area development as provided in this
525 title; and
526 (c) whose geographic boundaries are coterminous with:
527 (i) for an agency created by a county, the unincorporated area of the county; and
528 (ii) for an agency created by a municipality, the boundaries of the municipality.
529 (5) "Agency funds" means money that an agency collects or receives for agency
530 operations, implementing a project area plan, or other agency purposes, including:
531 (a) project area funds;
532 (b) income, proceeds, revenue, or property derived from or held in connection with the
533 agency's undertaking and implementation of project area development; or
534 (c) a contribution, loan, grant, or other financial assistance from any public or private
535 source.
536 (6) "Annual income" means the same as that term is defined in regulations of the
537 United States Department of Housing and Urban Development, 24 C.F.R. Sec. 5.609, as
538 amended or as superseded by replacement regulations.
539 (7) "Assessment roll" means the same as that term is defined in Section 59-2-102.
540 (8) "Base taxable value" means, unless otherwise adjusted in accordance with
541 provisions of this title, a property's taxable value as shown upon the assessment roll last
542 equalized during the base year.
543 (9) "Base year" means, except as provided in Subsection 17C-1-402(4)(c), the year
544 during which the assessment roll is last equalized:
545 (a) for a pre-July 1, 1993, urban renewal or economic development project area plan,
546 before the project area plan's effective date;
547 (b) for a post-June 30, 1993, urban renewal or economic development project area
548 plan, or a community reinvestment project area plan that is subject to a taxing entity
549 committee:
550 (i) before the date on which the taxing entity committee approves the project area
551 budget; or
552 (ii) if taxing entity committee approval is not required for the project area budget,
553 before the date on which the community legislative body adopts the project area plan;
554 (c) for a project on an inactive airport site, after the later of:
555 (i) the date on which the inactive airport site is sold for remediation and development;
556 or
557 (ii) the date on which the airport that operated on the inactive airport site ceased
558 operations; or
559 (d) for a community development project area plan or a community reinvestment
560 project area plan that is subject to an interlocal agreement, as described in the interlocal
561 agreement.
562 (10) "Basic levy" means the portion of a school district's tax levy constituting the
563 minimum basic levy under Section 59-2-902.
564 [
565
566
567 [
568
569 [
570
571 [
572 [
573
574
575 [
576 17C-1-203.
577 [
578 budget required under Subsection 17C-2-201(2)(d) for an urban renewal project area budget,
579 Subsection 17C-3-201(2)(d) for an economic development project area budget, or Subsection
580 17C-5-302(2)(e) for a community reinvestment project area budget.
581 [
582 Defense Base Closure and Realignment Commission has voted to close or realign when that
583 action has been sustained by the president of the United States and Congress.
584 [
585 values from all project areas, except project areas that contain some or all of a military
586 installation or inactive industrial site, within the agency's boundaries under project area plans
587 and project area budgets at the time that a project area budget for a new project area is being
588 considered.
589 [
590 [
591 adopted under Chapter 4, Part 1, Community Development Project Area Plan.
592 [
593 that created the agency.
594 [
595 adopted under Chapter 5, Part 1, Community Reinvestment Project Area Plan.
596 [
597 county in which the agency is located.
598 (20) "Development impediment" means a condition of an area that meets the
599 requirements described in Section 17C-2-303 for an urban renewal project area or Section
600 17C-5-405 for a community reinvestment project area.
601 (21) "Development impediment hearing" means a public hearing regarding whether a
602 development impediment exists within a proposed:
603 (a) urban renewal project area under Subsection 17C-2-102(1)(a)(i)(C) and Section
604 17C-2-302; or
605 (b) community reinvestment project area under Section 17C-5-404.
606 (22) "Development impediment study" means a study to determine whether a
607 development impediment exists within a survey area as described in Section 17C-2-301 for an
608 urban renewal project area or Section 17C-5-403 for a community reinvestment project area.
609 (23) "Economic development project area plan" means a project area plan adopted
610 under Chapter 3, Part 1, Economic Development Project Area Plan.
611 (24) "Fair share ratio" means the ratio derived by:
612 (a) for a municipality, comparing the percentage of all housing units within the
613 municipality that are publicly subsidized income targeted housing units to the percentage of all
614 housing units within the county in which the municipality is located that are publicly
615 subsidized income targeted housing units; or
616 (b) for the unincorporated part of a county, comparing the percentage of all housing
617 units within the unincorporated county that are publicly subsidized income targeted housing
618 units to the percentage of all housing units within the whole county that are publicly subsidized
619 income targeted housing units.
620 (25) "Family" means the same as that term is defined in regulations of the United
621 States Department of Housing and Urban Development, 24 C.F.R. Section 5.403, as amended
622 or as superseded by replacement regulations.
623 (26) "Greenfield" means land not developed beyond agricultural, range, or forestry use.
624 (27) "Hazardous waste" means any substance defined, regulated, or listed as a
625 hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant,
626 or toxic substance, or identified as hazardous to human health or the environment, under state
627 or federal law or regulation.
628 (28) "Housing allocation" means project area funds allocated for housing under Section
629 17C-2-203, 17C-3-202, or 17C-5-307 for the purposes described in Section 17C-1-412.
630 (29) "Housing fund" means a fund created by an agency for purposes described in
631 Section 17C-1-411 or 17C-1-412 that is comprised of:
632 (a) project area funds allocated for the purposes described in Section 17C-1-411; or
633 (b) an agency's housing allocation.
634 (30) (a) "Inactive airport site" means land that:
635 (i) consists of at least 100 acres;
636 (ii) is occupied by an airport:
637 (A) (I) that is no longer in operation as an airport; or
638 (II) (Aa) that is scheduled to be decommissioned; and
639 (Bb) for which a replacement commercial service airport is under construction; and
640 (B) that is owned or was formerly owned and operated by a public entity; and
641 (iii) requires remediation because:
642 (A) of the presence of hazardous waste or solid waste; or
643 (B) the site lacks sufficient public infrastructure and facilities, including public roads,
644 electric service, water system, and sewer system, needed to support development of the site.
645 (b) "Inactive airport site" includes a perimeter of up to 2,500 feet around the land
646 described in Subsection (30)(a).
647 (31) (a) "Inactive industrial site" means land that:
648 (i) consists of at least 1,000 acres;
649 (ii) is occupied by an inactive or abandoned factory, smelter, or other heavy industrial
650 facility; and
651 (iii) requires remediation because of the presence of hazardous waste or solid waste.
652 (b) "Inactive industrial site" includes a perimeter of up to 1,500 feet around the land
653 described in Subsection (31)(a).
654 (32) "Income targeted housing" means housing that is owned or occupied by a family
655 whose annual income is at or below 80% of the median annual income for a family within the
656 county in which the housing is located.
657 (33) "Incremental value" means a figure derived by multiplying the marginal value of
658 the property located within a project area on which tax increment is collected by a number that
659 represents the adjusted tax increment from that project area that is paid to the agency.
660 (34) "Loan fund board" means the Olene Walker Housing Loan Fund Board,
661 established under Title 35A, Chapter 8, Part 5, Olene Walker Housing Loan Fund.
662 (35) (a) " Local government building" means a building owned and operated by a
663 community for the primary purpose of providing one or more primary community functions,
664 including:
665 (i) a fire station;
666 (ii) a police station;
667 (iii) a city hall; or
668 (iv) a court or other judicial building.
669 (b) " Local government building" does not include a building the primary purpose of
670 which is cultural or recreational in nature.
671 (36) "Marginal value" means the difference between actual taxable value and base
672 taxable value.
673 (37) "Military installation project area" means a project area or a portion of a project
674 area located within a federal military installation ordered closed by the federal Defense Base
675 Realignment and Closure Commission.
676 (38) "Municipality" means a city, town, or metro township as defined in Section
677 10-2a-403.
678 (39) "Participant" means one or more persons that enter into a participation agreement
679 with an agency.
680 (40) "Participation agreement" means a written agreement between a person and an
681 agency that:
682 (a) includes a description of:
683 (i) the project area development that the person will undertake;
684 (ii) the amount of project area funds the person may receive; and
685 (iii) the terms and conditions under which the person may receive project area funds;
686 and
687 (b) is approved by resolution of the board.
688 (41) "Plan hearing" means the public hearing on a proposed project area plan required
689 under Subsection 17C-2-102(1)(a)(vi) for an urban renewal project area plan, Subsection
690 17C-3-102(1)(d) for an economic development project area plan, Subsection 17C-4-102(1)(d)
691 for a community development project area plan, or Subsection 17C-5-104(3)(e) for a
692 community reinvestment project area plan.
693 (42) "Post-June 30, 1993, project area plan" means a project area plan adopted on or
694 after July 1, 1993, and before May 10, 2016, whether or not amended subsequent to the project
695 area plan's adoption.
696 (43) "Pre-July 1, 1993, project area plan" means a project area plan adopted before July
697 1, 1993, whether or not amended subsequent to the project area plan's adoption.
698 (44) "Private," with respect to real property, means property not owned by a public
699 entity or any other governmental entity.
700 (45) "Project area" means the geographic area described in a project area plan within
701 which the project area development described in the project area plan takes place or is
702 proposed to take place.
703 (46) "Project area budget" means a multiyear projection of annual or cumulative
704 revenues and expenses and other fiscal matters pertaining to a project area prepared in
705 accordance with:
706 (a) for an urban renewal project area, Section [
707 (b) for an economic development project area, Section [
708 (c) for a community development project area, Section 17C-4-204; or
709 (d) for a community reinvestment project area, Section 17C-5-302.
710 (47) "Project area development" means activity within a project area that, as
711 determined by the board, encourages, promotes, or provides development or redevelopment for
712 the purpose of implementing a project area plan, including:
713 (a) promoting, creating, or retaining public or private jobs within the state or a
714 community;
715 (b) providing office, manufacturing, warehousing, distribution, parking, or other
716 facilities or improvements;
717 (c) planning, designing, demolishing, clearing, constructing, rehabilitating, or
718 remediating environmental issues;
719 (d) providing residential, commercial, industrial, public, or other structures or spaces,
720 including recreational and other facilities incidental or appurtenant to the structures or spaces;
721 (e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating
722 existing structures;
723 (f) providing open space, including streets or other public grounds or space around
724 buildings;
725 (g) providing public or private buildings, infrastructure, structures, or improvements;
726 (h) relocating a business;
727 (i) improving public or private recreation areas or other public grounds;
728 (j) eliminating [
729 development impediment;
730 (k) redevelopment as defined under the law in effect before May 1, 2006; or
731 (l) any activity described in this Subsection (47) outside of a project area that the board
732 determines to be a benefit to the project area.
733 (48) "Project area funds" means tax increment or sales and use tax revenue that an
734 agency receives under a project area budget adopted by a taxing entity committee or an
735 interlocal agreement.
736 (49) "Project area funds collection period" means the period of time that:
737 (a) begins the day on which the first payment of project area funds is distributed to an
738 agency under a project area budget approved by a taxing entity committee or an interlocal
739 agreement; and
740 (b) ends the day on which the last payment of project area funds is distributed to an
741 agency under a project area budget approved by a taxing entity committee or an interlocal
742 agreement.
743 (50) "Project area plan" means an urban renewal project area plan, an economic
744 development project area plan, a community development project area plan, or a community
745 reinvestment project area plan that, after the project area plan's effective date, guides and
746 controls the project area development.
747 (51) (a) "Property tax" means each levy on an ad valorem basis on tangible or
748 intangible personal or real property.
749 (b) "Property tax" includes a privilege tax imposed under Title 59, Chapter 4, Privilege
750 Tax.
751 (52) "Public entity" means:
752 (a) the United States, including an agency of the United States;
753 (b) the state, including any of the state's departments or agencies; or
754 (c) a political subdivision of the state, including a county, municipality, school district,
755 local district, special service district, community reinvestment agency, or interlocal cooperation
756 entity.
757 (53) "Publicly owned infrastructure and improvements" means water, sewer, storm
758 drainage, electrical, natural gas, telecommunication, or other similar systems and lines, streets,
759 roads, curb, gutter, sidewalk, walkways, parking facilities, public transportation facilities, or
760 other facilities, infrastructure, and improvements benefitting the public and to be publicly
761 owned or publicly maintained or operated.
762 (54) "Record property owner" or "record owner of property" means the owner of real
763 property, as shown on the records of the county in which the property is located, to whom the
764 property's tax notice is sent.
765 (55) "Sales and use tax revenue" means revenue that is:
766 (a) generated from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act;
767 and
768 (b) distributed to a taxing entity in accordance with Sections 59-12-204 and 59-12-205.
769 (56) "Superfund site":
770 (a) means an area included in the National Priorities List under the Comprehensive
771 Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9605; and
772 (b) includes an area formerly included in the National Priorities List, as described in
773 Subsection (56)(a), but removed from the list following remediation that leaves on site the
774 waste that caused the area to be included in the National Priorities List.
775 (57) "Survey area" means a geographic area designated for study by a survey area
776 resolution to determine whether:
777 (a) one or more project areas within the survey area are feasible; or
778 (b) [
779 (58) "Survey area resolution" means a resolution adopted by a board that designates a
780 survey area.
781 (59) "Taxable value" means:
782 (a) the taxable value of all real property a county assessor assesses in accordance with
783 Title 59, Chapter 2, Part 3, County Assessment, for the current year;
784 (b) the taxable value of all real and personal property the commission assesses in
785 accordance with Title 59, Chapter 2, Part 2, Assessment of Property, for the current year; and
786 (c) the year end taxable value of all personal property a county assessor assesses in
787 accordance with Title 59, Chapter 2, Part 3, County Assessment, contained on the prior year's
788 tax rolls of the taxing entity.
789 (60) (a) "Tax increment" means the difference between:
790 (i) the amount of property tax revenue generated each tax year by a taxing entity from
791 the area within a project area designated in the project area plan as the area from which tax
792 increment is to be collected, using the current assessed value of the property; and
793 (ii) the amount of property tax revenue that would be generated from that same area
794 using the base taxable value of the property.
795 (b) "Tax increment" does not include taxes levied and collected under Section
796 59-2-1602 on or after January 1, 1994, upon the taxable property in the project area unless:
797 (i) the project area plan was adopted before May 4, 1993, whether or not the project
798 area plan was subsequently amended; and
799 (ii) the taxes were pledged to support bond indebtedness or other contractual
800 obligations of the agency.
801 (61) "Taxing entity" means a public entity that:
802 (a) levies a tax on property located within a project area; or
803 (b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act.
804 (62) "Taxing entity committee" means a committee representing the interests of taxing
805 entities, created in accordance with Section 17C-1-402.
806 (63) "Unincorporated" means not within a municipality.
807 (64) "Urban renewal project area plan" means a project area plan adopted under
808 Chapter 2, Part 1, Urban Renewal Project Area Plan.
809 Section 7. Section 17C-1-207 is amended to read:
810 17C-1-207. Public entities may assist with project area development.
811 (1) In order to assist and cooperate in the planning, undertaking, construction, or
812 operation of project area development within an area in which the public entity is authorized to
813 act, a public entity may:
814 (a) (i) provide or cause to be furnished:
815 (A) parks, playgrounds, or other recreational facilities;
816 (B) community, educational, water, sewer, or drainage facilities; or
817 (C) any other works which the public entity is otherwise empowered to undertake;
818 (ii) provide, furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or
819 replan streets, roads, roadways, alleys, sidewalks, or other places;
820 (iii) in any part of the project area:
821 (A) (I) plan or replan any property within the project area;
822 (II) plat or replat any property within the project area;
823 (III) vacate a plat;
824 (IV) amend a plat; or
825 (V) zone or rezone any property within the project area; and
826 (B) make any legal exceptions from building regulations and ordinances;
827 (iv) purchase or legally invest in any of the bonds of an agency and exercise all of the
828 rights of any holder of the bonds;
829 (v) notwithstanding any law to the contrary, enter into an agreement for a period of
830 time with another public entity concerning action to be taken pursuant to any of the powers
831 granted in this title;
832 (vi) do anything necessary to aid or cooperate in the planning or implementation of the
833 project area development;
834 (vii) in connection with the project area plan, become obligated to the extent
835 authorized and funds have been made available to make required improvements or construct
836 required structures; and
837 (viii) lend, grant, or contribute funds to an agency for project area development or
838 proposed project area development, including assigning revenue or taxes in support of an
839 agency bond or obligation; and
840 (b) for less than fair market value or for no consideration, and subject to Subsection
841 (3):
842 (i) purchase or otherwise acquire property from an agency;
843 (ii) lease property from an agency;
844 (iii) sell, grant, convey, donate, or otherwise dispose of the public entity's property to
845 an agency; or
846 (iv) lease the public entity's property to an agency.
847 (2) The following are not subject to [
848 17-50-303:
849 (a) project area development assistance that a public entity provides under this section;
850 or
851 (b) a transfer of funds or property from an agency to a public entity.
852 (3) A public entity may provide assistance described in Subsection (1)(b) no sooner
853 than 15 days after the day on which the public entity posts notice of the assistance on:
854 (a) the Utah Public Notice Website described in Section 63F-1-701; and
855 (b) the public entity's public website.
856 Section 8. Section 17C-1-402 is amended to read:
857 17C-1-402. Taxing entity committee.
858 (1) The provisions of this section apply to a taxing entity committee that is created by
859 an agency for:
860 (a) a post-June 30, 1993, urban renewal project area plan or economic development
861 project area plan;
862 (b) any other project area plan adopted before May 10, 2016, for which the agency
863 created a taxing entity committee; and
864 (c) a community reinvestment project area plan adopted before May 14, 2019, that is
865 subject to a taxing entity committee.
866 (2) (a) (i) Each taxing entity committee shall be composed of:
867 (A) two school district representatives appointed in accordance with Subsection
868 (2)(a)(ii);
869 (B) (I) in a county of the second, third, fourth, fifth, or sixth class, two representatives
870 appointed by resolution of the legislative body of the county in which the agency is located; or
871 (II) in a county of the first class, one representative appointed by the county executive
872 and one representative appointed by the legislative body of the county in which the agency is
873 located;
874 (C) if the agency is created by a municipality, two representatives appointed by
875 resolution of the legislative body of the municipality;
876 (D) one representative appointed by the State Board of Education; and
877 (E) one representative selected by majority vote of the legislative bodies or governing
878 boards of all other taxing entities that levy a tax on property within the agency's boundaries, to
879 represent the interests of those taxing entities on the taxing entity committee.
880 (ii) (A) If the agency boundaries include only one school district, that school district
881 shall appoint the two school district representatives under Subsection (2)(a)(i)(A).
882 (B) If the agency boundaries include more than one school district, those school
883 districts shall jointly appoint the two school district representatives under Subsection
884 (2)(a)(i)(A).
885 (b) (i) Each taxing entity committee representative described in Subsection (2)(a) shall
886 be appointed within 30 days after the day on which the agency provides notice of the creation
887 of the taxing entity committee.
888 (ii) If a representative is not appointed within the time required under Subsection
889 (2)(b)(i), the board may appoint an individual to serve on the taxing entity committee in the
890 place of the missing representative until that representative is appointed.
891 (c) (i) A taxing entity committee representative may be appointed for a set term or
892 period of time, as determined by the appointing authority under Subsection (2)(a)(i).
893 (ii) Each taxing entity committee representative shall serve until a successor is
894 appointed and qualified.
895 (d) (i) Upon the appointment of each representative under Subsection (2)(a)(i), whether
896 an initial appointment or an appointment to replace an already serving representative, the
897 appointing authority shall:
898 (A) notify the agency in writing of the name and address of the newly appointed
899 representative; and
900 (B) provide the agency a copy of the resolution making the appointment or, if the
901 appointment is not made by resolution, other evidence of the appointment.
902 (ii) Each appointing authority of a taxing entity committee representative under
903 Subsection (2)(a)(i) shall notify the agency in writing of any change of address of a
904 representative appointed by that appointing authority.
905 (3) At a taxing entity committee's first meeting, the taxing entity committee shall adopt
906 an organizing resolution that:
907 (a) designates a chair and a secretary of the taxing entity committee; and
908 (b) if the taxing entity committee considers it appropriate, governs the use of electronic
909 meetings under Section 52-4-207.
910 (4) (a) A taxing entity committee represents all taxing entities regarding:
911 (i) an urban renewal project area plan;
912 (ii) an economic development project area plan; or
913 (iii) a community reinvestment project area plan that is subject to a taxing entity
914 committee.
915 (b) A taxing entity committee may:
916 (i) cast votes that are binding on all taxing entities;
917 (ii) negotiate with the agency concerning a proposed project area plan;
918 (iii) approve or disapprove:
919 (A) an urban renewal project area budget as described in Section 17C-2-204;
920 (B) an economic development project area budget as described in Section 17C-3-203;
921 or
922 (C) for a community reinvestment project area plan that is subject to a taxing entity
923 committee, a community reinvestment project area budget as described in Section 17C-5-302;
924 (iv) approve or disapprove an amendment to a project area budget as described in
925 Section 17C-2-206, 17C-3-205, or 17C-5-306;
926 (v) approve an exception to the limits on the value and size of a project area imposed
927 under this title;
928 (vi) approve:
929 (A) an exception to the percentage of tax increment to be paid to the agency;
930 (B) except for a project area funds collection period that is approved by an interlocal
931 agreement, each project area funds collection period; and
932 (C) an exception to the requirement for an urban renewal project area budget, an
933 economic development project area budget, or a community reinvestment project area budget
934 to include a maximum cumulative dollar amount of tax increment that the agency may receive;
935 (vii) approve the use of tax increment for publicly owned infrastructure and
936 improvements outside of a project area that the agency and community legislative body
937 determine to be of benefit to the project area, as described in Subsection
938 17C-1-409(1)(a)(iii)(D);
939 (viii) waive the restrictions described in Subsection 17C-2-202(1);
940 (ix) subject to Subsection (4)(c), designate the base taxable value for a project area
941 budget; and
942 (x) give other taxing entity committee approval or consent required or allowed under
943 this title.
944 (c) (i) Except as provided in Subsection (4)(c)(ii), the base year may not be a year that
945 is earlier than five years before the beginning of a project area funds collection period.
946 (ii) The taxing entity committee may approve a base year that is earlier than the year
947 described in Subsection (4)(c)(i).
948 (5) A quorum of a taxing entity committee consists of:
949 (a) if the project area is located within a municipality, five members; or
950 (b) if the project area is not located within a municipality, four members.
951 (6) Taxing entity committee approval, consent, or other action requires:
952 (a) the affirmative vote of a majority of all members present at a taxing entity
953 committee meeting:
954 (i) at which a quorum is present; and
955 (ii) considering an action relating to a project area budget for, or approval of a [
956
957 area that contains:
958 (A) an inactive industrial site;
959 (B) an inactive airport site; or
960 (C) a closed military base; or
961 (b) for any other action not described in Subsection (6)(a)(ii), the affirmative vote of
962 two-thirds of all members present at a taxing entity committee meeting at which a quorum is
963 present.
964 (7) (a) An agency may call a meeting of the taxing entity committee by sending written
965 notice to the members of the taxing entity committee at least 10 days before the date of the
966 meeting.
967 (b) Each notice under Subsection (7)(a) shall be accompanied by:
968 (i) the proposed agenda for the taxing entity committee meeting; and
969 (ii) if not previously provided and if the documents exist and are to be considered at
970 the meeting:
971 (A) the project area plan or proposed project area plan;
972 (B) the project area budget or proposed project area budget;
973 (C) the analysis required under Subsection 17C-2-103(2), 17C-3-103(2), or
974 17C-5-105(12);
975 (D) the [
976 (E) the agency's resolution making a [
977 determination under Subsection 17C-2-102(1)(a)(ii)(B) or [
978 and
979 (F) other documents to be considered by the taxing entity committee at the meeting.
980 (c) (i) An agency may not schedule a taxing entity committee meeting on a day on
981 which the Legislature is in session.
982 (ii) Notwithstanding Subsection (7)(c)(i), a taxing entity committee may, by unanimous
983 consent, waive the scheduling restriction described in Subsection (7)(c)(i).
984 (8) (a) A taxing entity committee may not vote on a proposed project area budget or
985 proposed amendment to a project area budget at the first meeting at which the proposed project
986 area budget or amendment is considered unless all members of the taxing entity committee
987 present at the meeting consent.
988 (b) A second taxing entity committee meeting to consider a proposed project area
989 budget or a proposed amendment to a project area budget may not be held within 14 days after
990 the first meeting unless all members of the taxing entity committee present at the first meeting
991 consent.
992 (9) Each taxing entity committee shall be governed by Title 52, Chapter 4, Open and
993 Public Meetings Act.
994 (10) A taxing entity committee's records shall be:
995 (a) considered the records of the agency that created the taxing entity committee; and
996 (b) maintained by the agency in accordance with Section 17C-1-209.
997 (11) Each time a school district representative or a representative of the State Board of
998 Education votes as a member of a taxing entity committee to allow an agency to receive tax
999 increment, to increase the amount of tax increment the agency receives, or to extend a project
1000 area funds collection period, that representative shall, within 45 days after the vote, provide to
1001 the representative's respective school board an explanation in writing of the representative's
1002 vote and the reasons for the vote.
1003 (12) (a) The auditor of each county in which an agency is located shall provide a
1004 written report to the taxing entity committee stating, with respect to property within each
1005 project area:
1006 (i) the base taxable value, as adjusted by any adjustments under Section 17C-1-408;
1007 and
1008 (ii) the assessed value.
1009 (b) With respect to the information required under Subsection (12)(a), the auditor shall
1010 provide:
1011 (i) actual amounts for each year from the adoption of the project area plan to the time
1012 of the report; and
1013 (ii) estimated amounts for each year beginning the year after the time of the report and
1014 ending the time that each project area funds collection period ends.
1015 (c) The auditor of the county in which the agency is located shall provide a report
1016 under this Subsection (12):
1017 (i) at least annually; and
1018 (ii) upon request of the taxing entity committee, before a taxing entity committee
1019 meeting at which the committee considers whether to allow the agency to receive tax
1020 increment, to increase the amount of tax increment that the agency receives, or to extend a
1021 project area funds collection period.
1022 (13) This section does not apply to:
1023 (a) a community development project area plan; or
1024 (b) a community reinvestment project area plan that is subject to an interlocal
1025 agreement.
1026 (14) (a) A taxing entity committee resolution approving a [
1027 impediment determination, approving a project area budget, or approving an amendment to a
1028 project area budget:
1029 (i) is final; and
1030 (ii) is not subject to repeal, amendment, or reconsideration unless the agency first
1031 consents by resolution to the proposed repeal, amendment, or reconsideration.
1032 (b) The provisions of Subsection (14)(a) apply regardless of when the resolution is
1033 adopted.
1034 Section 9. Section 17C-1-407 is amended to read:
1035 17C-1-407. Limitations on tax increment.
1036 (1) (a) If the development of retail sales of goods is the primary objective of an urban
1037 renewal project area, tax increment from the urban renewal project area may not be paid to or
1038 used by an agency unless the agency makes a [
1039 impediment determination under Chapter 2, Part 3, [
1040 Determination in Urban Renewal Project Areas.
1041 (b) Development of retail sales of goods does not disqualify an agency from receiving
1042 tax increment.
1043 (c) After July 1, 2005, an agency may not receive or use tax increment generated from
1044 the value of property within an economic development project area that is attributable to the
1045 development of retail sales of goods, unless the tax increment was previously pledged to pay
1046 for bonds or other contractual obligations of the agency.
1047 (2) (a) An agency may not be paid any portion of a taxing entity's taxes resulting from
1048 an increase in the taxing entity's tax rate that occurs after the taxing entity committee approves
1049 the project area budget unless, at the time the taxing entity committee approves the project area
1050 budget, the taxing entity committee approves payment of those increased taxes to the agency.
1051 (b) If the taxing entity committee does not approve payment of the increased taxes to
1052 the agency under Subsection (2)(a), the county shall distribute to the taxing entity the taxes
1053 attributable to the tax rate increase in the same manner as other property taxes.
1054 (c) Notwithstanding any other provision of this section, if, before tax year 2013,
1055 increased taxes are paid to an agency without the approval of the taxing entity committee, and
1056 notwithstanding the law at the time that the tax was collected or increased:
1057 (i) the State Tax Commission, the county as the collector of the taxes, a taxing entity,
1058 or any other person or entity may not recover, directly or indirectly, the increased taxes from
1059 the agency by adjustment of a tax rate used to calculate tax increment or otherwise;
1060 (ii) the county is not liable to a taxing entity or any other person or entity for the
1061 increased taxes that were paid to the agency; and
1062 (iii) tax increment, including the increased taxes, shall continue to be paid to the
1063 agency subject to the same number of tax years, percentage of tax increment, and cumulative
1064 dollar amount of tax increment as approved in the project area budget and previously paid to
1065 the agency.
1066 (3) Except as the taxing entity committee otherwise agrees, an agency may not receive
1067 tax increment under an urban renewal or economic development project area budget adopted
1068 on or after March 30, 2009:
1069 (a) that exceeds the percentage of tax increment or cumulative dollar amount of tax
1070 increment specified in the project area budget; or
1071 (b) for more tax years than specified in the project area budget.
1072 Section 10. Section 17C-1-409 is amended to read:
1073 17C-1-409. Allowable uses of agency funds.
1074 (1) (a) An agency may use agency funds:
1075 (i) for any purpose authorized under this title;
1076 (ii) for administrative, overhead, legal, or other operating expenses of the agency,
1077 including consultant fees and expenses under Subsection 17C-2-102(1)(b)(ii)(B) or funding for
1078 a business resource center;
1079 (iii) to pay for, including financing or refinancing, all or part of:
1080 (A) project area development in a project area, including environmental remediation
1081 activities occurring before or after adoption of the project area plan;
1082 (B) housing-related expenditures, projects, or programs as described in Section
1083 17C-1-411 or 17C-1-412;
1084 (C) an incentive or other consideration paid to a participant under a participation
1085 agreement;
1086 (D) subject to Subsections (1)(c) and (4), the value of the land for and the cost of the
1087 installation and construction of any publicly owned building, facility, structure, landscaping, or
1088 other improvement within the project area from which the project area funds are collected; or
1089 (E) the cost of the installation of publicly owned infrastructure and improvements
1090 outside the project area from which the project area funds are collected if the board and the
1091 community legislative body determine by resolution that the publicly owned infrastructure and
1092 improvements benefit the project area;
1093 (iv) in an urban renewal project area that includes some or all of an inactive industrial
1094 site and subject to Subsection (1)(e), to reimburse the Department of Transportation created
1095 under Section 72-1-201, or a public transit district created under Title 17B, Chapter 2a, Part 8,
1096 Public Transit District Act, for the cost of:
1097 (A) construction of a public road, bridge, or overpass;
1098 (B) relocation of a railroad track within the urban renewal project area; or
1099 (C) relocation of a railroad facility within the urban renewal project area; or
1100 (v) subject to Subsection (5), to transfer funds to a community that created the agency.
1101 (b) The determination of the board and the community legislative body under
1102 Subsection (1)(a)(iii)(E) regarding benefit to the project area shall be final and conclusive.
1103 (c) An agency may not use project area funds received from a taxing entity for the
1104 purposes stated in Subsection (1)(a)(iii)(D) under an urban renewal project area plan, an
1105 economic development project area plan, or a community reinvestment project area plan
1106 without the community legislative body's consent.
1107 (d) (i) Subject to Subsection (1)(d)(ii), an agency may loan project area funds from a
1108 project area fund to another project area fund if:
1109 (A) the board approves; and
1110 (B) the community legislative body approves.
1111 (ii) An agency may not loan project area funds under Subsection (1)(d)(i) unless the
1112 projections for agency funds are sufficient to repay the loan amount.
1113 (iii) A loan described in Subsection (1)(d) is not subject to Title 10, Chapter 5,
1114 Uniform Fiscal Procedures Act for Utah Towns, Title 10, Chapter 6, Uniform Fiscal
1115 Procedures Act for Utah Cities, Title 17, Chapter 36, Uniform Fiscal Procedures Act for
1116 Counties, or Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts.
1117 (e) Before an agency may pay any tax increment or sales tax revenue under Subsection
1118 (1)(a)(iv), the agency shall enter into an interlocal agreement defining the terms of the
1119 reimbursement with:
1120 (i) the Department of Transportation; or
1121 (ii) a public transit district.
1122 (2) (a) Sales and use tax revenue that an agency receives from a taxing entity is not
1123 subject to the prohibition or limitations of Title 11, Chapter 41, Prohibition on Sales and Use
1124 Tax Incentive Payments Act.
1125 (b) An agency may use sales and use tax revenue that the agency receives under an
1126 interlocal agreement under Section 17C-4-201 or 17C-5-204 for the uses authorized in the
1127 interlocal agreement.
1128 (3) (a) An agency may contract with the community that created the agency or another
1129 public entity to use agency funds to reimburse the cost of items authorized by this title to be
1130 paid by the agency that are paid by the community or other public entity.
1131 (b) If land is acquired or the cost of an improvement is paid by another public entity
1132 and the land or improvement is leased to the community, an agency may contract with and
1133 make reimbursement from agency funds to the community.
1134 (4) Notwithstanding any other provision of this title, an agency may not use project
1135 area funds to construct a local government building unless the taxing entity committee or each
1136 taxing entity party to an interlocal agreement with the agency consents.
1137 (5) For the purpose of offsetting the community's annual local contribution to the
1138 Homeless Shelter Cities Mitigation Restricted Account, the total amount an agency transfers in
1139 a calendar year to a community under Subsections (1)(a)(v), 17C-1-411(1)(d), and 17C-1-412
1140 [
1141 35A-8-606.
1142 Section 11. Section 17C-1-412 is amended to read:
1143 17C-1-412. Use of housing allocation -- Separate accounting required -- Issuance
1144 of bonds for housing -- Action to compel agency to provide housing allocation.
1145 (1) (a) An agency shall use the agency's housing allocation[
1146 (i) pay part or all of the cost of land or construction of income targeted housing within
1147 the boundary of the agency, if practicable in a mixed income development or area;
1148 (ii) pay part or all of the cost of rehabilitation of income targeted housing within the
1149 boundary of the agency;
1150 (iii) lend, grant, or contribute money to a person, public entity, housing authority,
1151 private entity or business, or nonprofit corporation for income targeted housing within the
1152 boundary of the agency;
1153 (iv) plan or otherwise promote income targeted housing within the boundary of the
1154 agency;
1155 (v) pay part or all of the cost of land or installation, construction, or rehabilitation of
1156 any building, facility, structure, or other housing improvement, including infrastructure
1157 improvements, related to housing located in a project area where [
1158
1159 (vi) replace housing units lost as a result of the project area development;
1160 (vii) make payments on or establish a reserve fund for bonds:
1161 (A) issued by the agency, the community, or the housing authority that provides
1162 income targeted housing within the community; and
1163 (B) all or part of the proceeds of which are used within the community for the purposes
1164 stated in Subsection (1)(a)(i), (ii), (iii), (iv), (v), or (vi);
1165 (viii) if the community's fair share ratio at the time of the first adoption of the project
1166 area budget is at least 1.1 to 1.0, make payments on bonds:
1167 (A) that were previously issued by the agency, the community, or the housing authority
1168 that provides income targeted housing within the community; and
1169 (B) all or part of the proceeds of which were used within the community for the
1170 purposes stated in Subsection (1)(a)(i), (ii), (iii), (iv), (v), or (vi);
1171 (ix) relocate mobile home park residents displaced by project area development; or
1172 (x) subject to Subsection (6), transfer funds to a community that created the agency.
1173 (b) As an alternative to the requirements of Subsection (1)(a), an agency may pay all or
1174 any portion of the agency's housing allocation to:
1175 (i) the community for use as described in Subsection (1)(a);
1176 (ii) a housing authority that provides income targeted housing within the community
1177 for use in providing income targeted housing within the community;
1178 (iii) a housing authority established by the county in which the agency is located for
1179 providing:
1180 (A) income targeted housing within the county;
1181 (B) permanent housing, permanent supportive housing, or a transitional facility, as
1182 defined in Section 35A-5-302, within the county; or
1183 (C) homeless assistance within the county; or
1184 (iv) the Olene Walker Housing Loan Fund, established under Title 35A, Chapter 8,
1185 Part 5, Olene Walker Housing Loan Fund, for use in providing income targeted housing within
1186 the community.
1187 (2) The agency shall create a housing fund and separately account for the agency's
1188 housing allocation, together with all interest earned by the housing allocation and all payments
1189 or repayments for loans, advances, or grants from the housing allocation.
1190 (3) An agency may:
1191 (a) issue bonds to finance a housing-related project under this section, including the
1192 payment of principal and interest upon advances for surveys and plans or preliminary loans;
1193 and
1194 (b) issue refunding bonds for the payment or retirement of bonds under Subsection
1195 (3)(a) previously issued by the agency.
1196 (4) (a) Except as provided in Subsection (4)(b), an agency shall allocate money to the
1197 housing fund each year in which the agency receives sufficient tax increment to make a
1198 housing allocation required by the project area budget.
1199 (b) Subsection (4)(a) does not apply in a year in which tax increment is insufficient.
1200 (5) (a) Except as provided in Subsection (4)(b), if an agency fails to provide a housing
1201 allocation in accordance with the project area budget and[
1202 adopted under Subsection 17C-2-204(2), the loan fund board may bring legal action to compel
1203 the agency to provide the housing allocation.
1204 (b) In an action under Subsection (5)(a), the court:
1205 (i) shall award the loan fund board reasonable attorney fees, unless the court finds that
1206 the action was frivolous; and
1207 (ii) may not award the agency the agency's attorney fees, unless the court finds that the
1208 action was frivolous.
1209 (6) For the purpose of offsetting the community's annual local contribution to the
1210 Homeless Shelter Cities Mitigation Restricted Account, the total amount an agency transfers in
1211 a calendar year to a community under Subsections (1)(a)(x), 17C-1-409(1)(a)(v), and
1212 17C-1-411(1)(d) may not exceed the community's annual local contribution as defined in
1213 Section 35A-8-606.
1214 Section 12. Section 17C-1-802 is amended to read:
1215 17C-1-802. Combining hearings.
1216 A board may combine any combination of a [
1217 a plan hearing, and a budget hearing.
1218 Section 13. Section 17C-1-803 is amended to read:
1219 17C-1-803. Continuing a hearing.
1220 Subject to Section 17C-1-804, the board may continue:
1221 (1) a [
1222 (2) a plan hearing;
1223 (3) a budget hearing; or
1224 (4) a combined hearing under Section 17C-1-802.
1225 Section 14. Section 17C-1-804 is amended to read:
1226 17C-1-804. Notice required for continued hearing.
1227 The board shall give notice of a hearing continued under Section [
1228 17C-1-803 by announcing at the hearing:
1229 (1) the date, time, and place the hearing will be resumed; or
1230 (2) (a) that the hearing is being continued to a later time; and
1231 (b) that the board will cause a notice of the continued hearing to be published on the
1232 Utah Public Notice Website created in Section 63F-1-701, at least seven days before the day on
1233 which the hearing is scheduled to resume.
1234 Section 15. Section 17C-1-805 is amended to read:
1235 17C-1-805. Agency to provide notice of hearings.
1236 (1) Each agency shall provide notice, in accordance with this part, of each:
1237 (a) [
1238 (b) plan hearing; or
1239 (c) budget hearing.
1240 (2) The notice required under Subsection (1) may be combined with the notice required
1241 for any of the other hearings if the hearings are combined under Section 17C-1-802.
1242 Section 16. Section 17C-1-807 is amended to read:
1243 17C-1-807. Additional requirements for notice of a development impediment
1244 hearing.
1245 Each notice under Section 17C-1-806 for a [
1246 shall also include:
1247 (1) a statement that:
1248 (a) a project area is being proposed;
1249 (b) the proposed project area may be [
1250 development impediment;
1251 (c) the record owner of property within the proposed project area has the right to
1252 present evidence at the [
1253 [
1254 (d) except for a hearing continued under Section 17C-1-803, the agency will notify the
1255 record owner of property referred to in Subsection 17C-1-806(1)(b)(i) of each additional public
1256 hearing held by the agency concerning the proposed project area before the adoption of the
1257 project area plan; and
1258 (e) a person contesting the existence of [
1259 proposed project area may appear before the board and show cause why the proposed project
1260 area should not be designated as a project area; and
1261 (2) if the agency anticipates acquiring property in an urban renewal project area or a
1262 community reinvestment project area by eminent domain, a clear and plain statement that:
1263 (a) the project area plan may require the agency to use eminent domain; and
1264 (b) the proposed use of eminent domain will be discussed at the [
1265 impediment hearing.
1266 Section 17. Section 17C-1-902 is amended to read:
1267 17C-1-902. Use of eminent domain -- Conditions.
1268 (1) Except as provided in Subsection (2), an agency may not use eminent domain to
1269 acquire property.
1270 (2) Subject to the provisions of this part, an agency may, in accordance with Title 78B,
1271 Chapter 6, Part 5, Eminent Domain, use eminent domain to acquire an interest in property:
1272 (a) within an urban renewal project area if:
1273 (i) the board makes a [
1274 Chapter 2, Part 3, [
1275 Areas; and
1276 (ii) the urban renewal project area plan provides for the use of eminent domain;
1277 (b) that is owned by an agency board member or officer and located within a project
1278 area, if the board member or officer consents;
1279 (c) within a community reinvestment project area if:
1280 (i) the board makes a [
1281 determination under Chapter 5, Part 4, [
1282 Community Reinvestment Project Area;
1283 (ii) (A) the original community reinvestment project area plan provides for the use of
1284 eminent domain; or
1285 (B) the community reinvestment project area plan is amended in accordance with
1286 Subsection 17C-5-112(4); and
1287 (iii) the agency creates a taxing entity committee in accordance with Section
1288 17C-1-402;
1289 (d) that:
1290 (i) is owned by a participant or a property owner that is entitled to receive tax
1291 increment or other assistance from the agency;
1292 (ii) is within a project area, regardless of when the project area is created, for which the
1293 [
1294 development impediment determination under Chapter 2, Part 3, Development Impediment
1295 Determination in Urban Renewal Project Areas, or Chapter 5, Part 4, Development Impediment
1296 Determination in a Community Reinvestment Project Area; and
1297 (iii) (A) the participant or property owner described in Subsection (2)(d)(i) fails to
1298 develop or improve in accordance with the participation agreement or the project area plan; or
1299 (B) for a period of 36 months does not generate the amount of tax increment that the
1300 agency projected to receive under the project area budget; or
1301 (e) if a property owner requests in writing that the agency exercise eminent domain to
1302 acquire the property owner's property within a project area.
1303 (3) An agency shall, in accordance with the provisions of this part, commence the
1304 acquisition of property described in Subsections (2)(a) through (c) by adopting a resolution
1305 authorizing eminent domain within five years after the day on which the project area plan is
1306 effective.
1307 Section 18. Section 17C-2-101.5 is amended to read:
1308 17C-2-101.5. Resolution designating survey area -- Request to adopt resolution.
1309 (1) A board may begin the process of adopting an urban renewal project area plan by
1310 adopting a resolution that:
1311 (a) designates an area located within the agency's boundaries as a survey area;
1312 (b) contains a statement that the survey area requires study to determine whether:
1313 (i) one or more urban renewal project areas within the survey area are feasible; and
1314 (ii) [
1315 (c) contains a boundary description or map of the survey area.
1316 (2) (a) Any person or any group, association, corporation, or other entity may submit a
1317 written request to the board to adopt a resolution under Subsection (1).
1318 (b) A request under Subsection (2)(a) may include plans showing the project area
1319 development proposed for an area within the agency's boundaries.
1320 (c) The board may, in the board's sole discretion, grant or deny a request under
1321 Subsection (2)(a).
1322 Section 19. Section 17C-2-102 is amended to read:
1323 17C-2-102. Process for adopting urban renewal project area plan -- Prerequisites
1324 -- Restrictions.
1325 (1) (a) In order to adopt an urban renewal project area plan, after adopting a resolution
1326 under Subsection 17C-2-101.5(1) the agency shall:
1327 (i) unless a [
1328 [
1329 industrial site or inactive airport site:
1330 (A) cause a [
1331 area as provided in Section 17C-2-301;
1332 (B) provide notice of a [
1333 Chapter 1, Part 8, Hearing and Notice Requirements; and
1334 (C) hold a [
1335 17C-2-302;
1336 (ii) after the [
1337 development impediment hearing is required under Subsection (1)(a)(i), after adopting a
1338 resolution under Subsection 17C-2-101.5(1), hold a board meeting at which the board shall:
1339 (A) consider:
1340 (I) [
1341 nonexistence of [
1342 (II) whether adoption of one or more urban renewal project area plans should be
1343 pursued; and
1344 (B) by resolution:
1345 (I) make a [
1346 impediment in the proposed urban renewal project area;
1347 (II) select one or more project areas comprising part or all of the survey area; and
1348 (III) authorize the preparation of a proposed project area plan for each project area;
1349 (iii) prepare a proposed project area plan and conduct any examination, investigation,
1350 and negotiation regarding the project area plan that the agency considers appropriate;
1351 (iv) make the proposed project area plan available to the public at the agency's offices
1352 during normal business hours;
1353 (v) provide notice of the plan hearing in accordance with Sections 17C-1-806 and
1354 17C-1-808;
1355 (vi) hold a plan hearing on the proposed project area plan and, at the plan hearing:
1356 (A) allow public comment on:
1357 (I) the proposed project area plan; and
1358 (II) whether the proposed project area plan should be revised, approved, or rejected;
1359 and
1360 (B) receive all written and hear all oral objections to the proposed project area plan;
1361 (vii) before holding the plan hearing, provide an opportunity for the State Board of
1362 Education and each taxing entity that levies a tax on property within the proposed project area
1363 to consult with the agency regarding the proposed project area plan;
1364 (viii) if applicable, hold the election required under Subsection 17C-2-105(3);
1365 (ix) after holding the plan hearing, at the same meeting or at a subsequent meeting
1366 consider:
1367 (A) the oral and written objections to the proposed project area plan and evidence and
1368 testimony for and against adoption of the proposed project area plan; and
1369 (B) whether to revise, approve, or reject the proposed project area plan;
1370 (x) approve the proposed project area plan, with or without revisions, as the project
1371 area plan by a resolution that complies with Section 17C-2-106; and
1372 (xi) submit the project area plan to the community legislative body for adoption.
1373 (b) (i) If an agency makes a [
1374 [
1375 agency may not adopt the project area plan until the taxing entity committee approves the
1376 [
1377 (ii) (A) A taxing entity committee may not disapprove an agency's [
1378 development impediment determination unless the committee demonstrates that the conditions
1379 the agency found to exist in the urban renewal project area that support the agency's [
1380
1381 (I) do not exist; or
1382 (II) do not constitute [
1383 (B) (I) If the taxing entity committee questions or disputes the existence of some or all
1384 of the [
1385 in the urban renewal project area or that those conditions constitute [
1386 impediment, the taxing entity committee may hire a consultant, mutually agreed upon by the
1387 taxing entity committee and the agency, with the necessary expertise to assist the taxing entity
1388 committee to make a determination as to the existence of the questioned or disputed [
1389 development impediment conditions.
1390 (II) The agency shall pay the fees and expenses of each consultant hired under
1391 Subsection (1)(b)(ii)(B)(I).
1392 (III) The [
1393 shall be binding on the taxing entity committee and the agency.
1394 (2) An agency may not propose a project area plan under Subsection (1) unless the
1395 community in which the proposed project area is located:
1396 (a) has a planning commission; and
1397 (b) has adopted a general plan under:
1398 (i) if the community is a municipality, Title 10, Chapter 9a, Part 4, General Plan; or
1399 (ii) if the community is a county, Title 17, Chapter 27a, Part 4, General Plan.
1400 (3) (a) Subject to Subsection (3)(b), a board may not approve a project area plan more
1401 than one year after adoption of a resolution making a [
1402 impediment determination under Subsection (1)(a)(ii)(B).
1403 (b) If a project area plan is submitted to an election under Subsection 17C-2-105(3),
1404 the time between the plan hearing and the date of the election does not count for purposes of
1405 calculating the year period under Subsection (3)(a).
1406 (4) (a) Except as provided in Subsection (4)(b), a proposed project area plan may not
1407 be modified to add real property to the proposed project area unless the board holds a plan
1408 hearing to consider the addition and gives notice of the plan hearing as required under Sections
1409 17C-1-806 and 17C-1-808.
1410 (b) The notice and hearing requirements under Subsection (4)(a) do not apply to a
1411 proposed project area plan being modified to add real property to the proposed project area if:
1412 (i) the property is contiguous to the property already included in the proposed project
1413 area under the proposed project area plan;
1414 (ii) the record owner of the property consents to adding the real property to the
1415 proposed project area; and
1416 (iii) the property is located within the survey area.
1417 Section 20. Section 17C-2-103 is amended to read:
1418 17C-2-103. Urban renewal project area plan requirements.
1419 (1) [
1420 proposed project area plan [
1421 (a) [
1422 17C-1-414, if applicable;
1423 (b) [
1424 population densities, and building intensities of the project area and how they will be affected
1425 by the project area development;
1426 (c) [
1427 (d) [
1428 development;
1429 (e) [
1430 is located and show that the project area development will conform to the community's general
1431 plan;
1432 (f) [
1433 [
1434 (g) [
1435 proposed project area development;
1436 (h) [
1437 development and identify each participant currently involved in the project area development;
1438 (i) [
1439 (j) [
1440 project area;
1441 (k) [
1442 in the project area;
1443 (l) [
1444 (m) if any of the existing buildings or uses in the project area are included in or eligible
1445 for inclusion in the National Register of Historic Places or the State Register, [
1446 the agency shall comply with Section 9-8-404 as though the agency were a state agency; and
1447 (n) [
1448 advisable.
1449 (2) [
1450
1451 (a) the benefit of any financial assistance or other public subsidy proposed to be
1452 provided by the agency, including:
1453 (i) an evaluation of the reasonableness of the costs of the project area development;
1454 (ii) efforts the agency or participant has made or will make to maximize private
1455 investment;
1456 (iii) the rationale for use of tax increment, including an analysis of whether the
1457 proposed project area development might reasonably be expected to occur in the foreseeable
1458 future solely through private investment; and
1459 (iv) an estimate of the total amount of tax increment that will be expended in
1460 undertaking project area development and the project area funds collection period; and
1461 (b) the anticipated public benefit to be derived from the project area development,
1462 including:
1463 (i) the beneficial influences upon the tax base of the community;
1464 (ii) the associated business and economic activity likely to be stimulated; and
1465 (iii) whether adoption of the project area plan is necessary and appropriate to reduce or
1466 eliminate [
1467 Section 21. Section 17C-2-106 is amended to read:
1468 17C-2-106. Board resolution approving urban renewal project area plan --
1469 Requirements.
1470 [
1471 renewal project area plan as the project area plan under Subsection 17C-2-102(1)(a)(x) [
1472
1473 (1) a boundary description of the boundaries of the project area that is the subject of the
1474 project area plan;
1475 (2) the agency's purposes and intent with respect to the project area;
1476 (3) the project area plan incorporated by reference;
1477 (4) a statement that the board previously made a [
1478 impediment determination within the project area and the date of the board's [
1479 determination; and
1480 (5) the board findings and determinations that:
1481 (a) there is a need to effectuate a public purpose;
1482 (b) there is a public benefit under the analysis described in Subsection 17C-2-103(2);
1483 (c) it is economically sound and feasible to adopt and carry out the project area plan;
1484 (d) the project area plan conforms to the community's general plan; and
1485 (e) carrying out the project area plan will promote the public peace, health, safety, and
1486 welfare of the community in which the project area is located.
1487 Section 22. Section 17C-2-110 is amended to read:
1488 17C-2-110. Amending an urban renewal project area plan.
1489 (1) [
1490 as provided in this section.
1491 (2) If an agency proposes to amend an urban renewal project area plan to enlarge the
1492 project area:
1493 (a) subject to Subsection (2)(e), the requirements under this part that apply to adopting
1494 a project area plan apply equally to the proposed amendment as if it were a proposed project
1495 area plan;
1496 (b) for a pre-July 1, 1993, project area plan, the base year for the new area added to the
1497 project area shall be determined under Subsection 17C-1-102(9) using the effective date of the
1498 amended project area plan;
1499 (c) for a post-June 30, 1993, project area plan:
1500 (i) the base year for the new area added to the project area shall be determined under
1501 Subsection 17C-1-102(9) using the date of the taxing entity committee's consent referred to in
1502 Subsection (2)(c)(ii); and
1503 (ii) the agency shall obtain the consent of the taxing entity committee before the agency
1504 may collect tax increment from the area added to the project area by the amendment;
1505 (d) the agency shall make a [
1506 a development impediment in the area proposed to be added to the project area by following
1507 the procedure set forth in Chapter 2, Part 3, [
1508 in Urban Renewal Project Areas; and
1509 (e) the agency need not make a [
1510 impediment determination in the project area as described in the original project area plan, if
1511 the agency made a [
1512 regarding that project area in connection with adoption of the original project area plan.
1513 (3) If a proposed amendment does not propose to enlarge an urban renewal project
1514 area, a board may adopt a resolution approving an amendment to a project area plan after:
1515 (a) the agency gives notice, as provided in Section 17C-1-806, of the proposed
1516 amendment and of the public hearing required by Subsection (3)(b);
1517 (b) the board holds a public hearing on the proposed amendment that meets the
1518 requirements of a plan hearing;
1519 (c) the agency obtains the taxing entity committee's consent to the amendment, if the
1520 amendment proposes:
1521 (i) to enlarge the area within the project area from which tax increment is collected;
1522 (ii) to permit the agency to receive a greater percentage of tax increment or to extend
1523 the project area funds collection period, or both, than allowed under the adopted project area
1524 plan; or
1525 (iii) for an amendment to a project area plan that was adopted before April 1, 1983, to
1526 expand the area from which tax increment is collected to exceed 100 acres of private property;
1527 and
1528 (d) the agency obtains the consent of the legislative body or governing board of each
1529 taxing entity affected, if the amendment proposes to permit the agency to receive, from less
1530 than all taxing entities, a greater percentage of tax increment or to extend the project area funds
1531 collection period, or both, than allowed under the adopted project area plan.
1532 (4) (a) [
1533
1534 (2)(a) and (3)(a) and (b) and without obtaining taxing entity committee approval under
1535 Subsection (3)(c) if the amendment:
1536 (i) makes a minor adjustment in the boundary description of a project area boundary
1537 requested by a county assessor or county auditor to avoid inconsistent property boundary lines;
1538 or
1539 (ii) subject to Subsection (4)(b), removes one or more parcels from a project area
1540 because the agency determines that each parcel removed is:
1541 (A) tax exempt;
1542 (B) [
1543 (C) no longer necessary or desirable to the project area.
1544 (b) [
1545 project area under Subsection (4)(a)(ii) [
1546 property owner of each parcel being removed.
1547 (5) (a) An amendment approved by board resolution under this section may not take
1548 effect until adopted by ordinance of the legislative body of the community in which the project
1549 area that is the subject of the project area plan being amended is located.
1550 (b) Upon a community legislative body passing an ordinance adopting an amendment
1551 to a project area plan, the agency whose project area plan was amended shall comply with the
1552 requirements of Sections 17C-2-108 and 17C-2-109 to the same extent as if the amendment
1553 were a project area plan.
1554 (6) (a) Within 30 days after the day on which an amendment to a project area plan
1555 becomes effective, a person may contest the amendment to the project area plan or the
1556 procedure used to adopt the amendment to the project area plan if the amendment or procedure
1557 fails to comply with a provision of this title.
1558 (b) After the 30-day period described in Subsection (6)(a) expires, a person may not
1559 contest the amendment to the project area plan or procedure used to adopt the amendment to
1560 the project area plan for any cause.
1561 Section 23. Section 17C-2-202 is amended to read:
1562 17C-2-202. Combined incremental value -- Restriction against adopting an urban
1563 renewal project area budget -- Taxing entity committee may waive restriction.
1564 (1) Except as provided in Subsection (2), an agency may not adopt an urban renewal
1565 project area budget if, at the time the urban renewal project area budget is being considered, the
1566 combined incremental value for the agency exceeds 10% of the total taxable value of property
1567 within the agency's boundaries in the year that the urban renewal project area budget is being
1568 considered.
1569 (2) (a) A taxing entity committee may waive the restrictions imposed by Subsection
1570 (1).
1571 (b) Subsection (1) does not apply to an urban renewal project area budget if the
1572 agency's [
1573 the budget relates is based on a [
1574 Section 24. Section 17C-2-301 is amended to read:
1575
1576 17C-2-301. Development impediment study -- Requirements -- Deadline.
1577 (1) [
1578 required under Subsection 17C-2-102(1)(a)(i)(A) [
1579 (a) [
1580 (b) [
1581 (i) whether the conditions described in Subsection 17C-2-303(1):
1582 (A) exist in part or all of the survey area; and
1583 (B) qualify an area within the survey area as a project area; and
1584 (ii) whether the survey area contains all or part of a superfund site, an inactive
1585 industrial site, or inactive airport site;
1586 (c) [
1587 (i) the conclusions reached;
1588 (ii) any recommended area within the survey area qualifying as a project area; and
1589 (iii) any other information requested by the agency to determine whether an urban
1590 renewal project area is feasible; and
1591 (d) [
1592 (2) (a) If a [
1593 after the adoption of the resolution under Subsection 17C-2-101.5(1) designating a survey area,
1594 the agency may not approve an urban renewal project area plan based on that [
1595 development impediment study unless [
1596 Subsection 17C-2-101.5(1).
1597 (b) A new resolution under Subsection (2)(a) shall in all respects be considered to be a
1598 resolution under Subsection 17C-2-101.5(1) adopted for the first time, except that any actions
1599 taken toward completing a [
1600 new resolution replaces shall be considered to have been taken under the new resolution.
1601 Section 25. Section 17C-2-302 is amended to read:
1602 17C-2-302. Development impediment hearing -- Owners may review evidence of
1603 a development impediment.
1604 (1) In each hearing required under Subsection 17C-2-102(1)(a)(i)(C), the agency shall:
1605 (a) permit all evidence of the existence or nonexistence of [
1606 impediment within the proposed urban renewal project area to be presented; and
1607 (b) permit each record owner of property located within the proposed urban renewal
1608 project area or the record property owner's representative the opportunity to:
1609 (i) examine and cross-examine witnesses providing evidence of the existence or
1610 nonexistence of [
1611 (ii) present evidence and testimony, including expert testimony, concerning the
1612 existence or nonexistence of [
1613 (2) The agency shall allow record owners of property located within a proposed urban
1614 renewal project area the opportunity, for at least 30 days before the hearing, to review the
1615 evidence of [
1616 firm conducting the [
1617 expert report.
1618 Section 26. Section 17C-2-303 is amended to read:
1619 17C-2-303. Conditions on board determination of a development impediment --
1620 Conditions of a development impediment caused by the participant.
1621 (1) A board may not make a [
1622 in a resolution under Subsection 17C-2-102(1)(a)(ii)(B) unless the board finds that:
1623 (a) (i) the proposed project area consists predominantly of nongreenfield parcels;
1624 (ii) the proposed project area is currently zoned for urban purposes and generally
1625 served by utilities;
1626 (iii) at least 50% of the parcels within the proposed project area contain nonagricultural
1627 or nonaccessory buildings or improvements used or intended for residential, commercial,
1628 industrial, or other urban purposes, or any combination of those uses;
1629 (iv) the present condition or use of the proposed project area substantially impairs the
1630 sound growth of the municipality, retards the provision of housing accommodations, or
1631 constitutes an economic liability or is detrimental to the public health, safety, or welfare, as
1632 shown by the existence within the proposed project area of at least four of the following
1633 factors:
1634 (A) one of the following, although sometimes interspersed with well maintained
1635 buildings and infrastructure:
1636 (I) substantial physical dilapidation, deterioration, or defective construction of
1637 buildings or infrastructure; or
1638 (II) significant noncompliance with current building code, safety code, health code, or
1639 fire code requirements or local ordinances;
1640 (B) unsanitary or unsafe conditions in the proposed project area that threaten the
1641 health, safety, or welfare of the community;
1642 (C) environmental hazards, as defined in state or federal law, that require remediation
1643 as a condition for current or future use and development;
1644 (D) excessive vacancy, abandoned buildings, or vacant lots within an area zoned for
1645 urban use and served by utilities;
1646 (E) abandoned or outdated facilities that pose a threat to public health, safety, or
1647 welfare;
1648 (F) criminal activity in the project area, higher than that of comparable [
1649 areas in the municipality or county that are without a development impediment; and
1650 (G) defective or unusual conditions of title rendering the title nonmarketable; and
1651 (v) (A) at least 50% of the privately-owned parcels within the proposed project area are
1652 affected by at least one of the factors, but not necessarily the same factor, listed in Subsection
1653 (1)(a)(iv); and
1654 (B) the affected parcels comprise at least 66% of the privately-owned acreage of the
1655 proposed project area; or
1656 (b) the proposed project area includes some or all of a superfund site, inactive
1657 industrial site, or inactive airport site.
1658 (2) No single parcel comprising 10% or more of the acreage of the proposed project
1659 area may be counted as satisfying Subsection (1)(a)(iii) or (iv) unless at least 50% of the area of
1660 that parcel is occupied by buildings or improvements.
1661 (3) (a) For purposes of Subsection (1), if a participant involved in the project area
1662 development has caused a condition listed in Subsection (1)(a)(iv) within the proposed project
1663 area, that condition may not be used in the determination of [
1664 impediment.
1665 (b) Subsection (3)(a) does not apply to a condition that was caused by an owner or
1666 tenant who becomes a participant.
1667 Section 27. Section 17C-2-304 is amended to read:
1668 17C-2-304. Challenging a development impediment determination -- Time limit --
1669 De novo review.
1670 (1) If the board makes a [
1671 under Subsection 17C-2-102(1)(a)(ii)(B) and that [
1672 resolution adopted by the taxing entity committee, a record owner of property located within
1673 the proposed urban renewal project area may challenge the [
1674 action with the district court for the county in which the property is located.
1675 (2) [
1676 30 days after the taxing entity committee approves the board's [
1677 impediment determination.
1678 (3) In each action under this section, the district court shall review the [
1679
1680 Subsection 10-9a-801(3).
1681 Section 28. Section 17C-5-103 is amended to read:
1682 17C-5-103. Initiating a community reinvestment project area plan.
1683 (1) Subject to Subsection (2), a board shall initiate the process of adopting a
1684 community reinvestment project area plan by adopting a survey area resolution that:
1685 (a) designates a geographic area located within the agency's boundaries as a survey
1686 area;
1687 (b) contains a description or map of the boundaries of the survey area;
1688 (c) contains a statement that the survey area requires study to determine whether
1689 project area development is feasible within one or more proposed community reinvestment
1690 project areas within the survey area; and
1691 (d) authorizes the agency to:
1692 (i) prepare a proposed community reinvestment project area plan for each proposed
1693 community reinvestment project area; and
1694 (ii) conduct any examination, investigation, or negotiation regarding the proposed
1695 community reinvestment project area that the agency considers appropriate.
1696 (2) If an agency anticipates using eminent domain to acquire property within the survey
1697 area, the resolution described in Subsection (1) shall include:
1698 (a) a statement that the survey area requires study to determine whether [
1699 development impediment exists within the survey area; and
1700 (b) authorization for the agency to conduct a [
1701 accordance with Section 17C-5-403.
1702 Section 29. Section 17C-5-104 is amended to read:
1703 17C-5-104. Process for adopting a community reinvestment project area plan --
1704 Prerequisites -- Restrictions.
1705 (1) An agency may not propose a community reinvestment project area plan unless the
1706 community in which the proposed community reinvestment project area plan is located:
1707 (a) has a planning commission; and
1708 (b) has adopted a general plan under:
1709 (i) if the community is a municipality, Title 10, Chapter 9a, Part 4, General Plan; or
1710 (ii) if the community is a county, Title 17, Chapter 27a, Part 4, General Plan.
1711 (2) (a) Before an agency may adopt a proposed community reinvestment project area
1712 plan, the agency shall conduct a [
1713 development impediment determination in accordance with Part 4, [
1714 Impediment Determination in a Community Reinvestment Project Area, if the agency
1715 anticipates using eminent domain to acquire property within the proposed community
1716 reinvestment project area.
1717 (b) If applicable, an agency may not approve a community reinvestment project area
1718 plan more than one year after the agency adopts a resolution making a [
1719 development impediment determination under Section 17C-5-402.
1720 (3) To adopt a community reinvestment project area plan, an agency shall:
1721 (a) prepare a proposed community reinvestment project area plan in accordance with
1722 Section 17C-5-105;
1723 (b) make the proposed community reinvestment project area plan available to the
1724 public at the agency's office during normal business hours for at least 30 days before the plan
1725 hearing described in Subsection (3)(e);
1726 (c) before holding the plan hearing described in Subsection (3)(e), provide an
1727 opportunity for the State Board of Education and each taxing entity that levies or imposes a tax
1728 within the proposed community reinvestment project area to consult with the agency regarding
1729 the proposed community reinvestment project area plan;
1730 (d) provide notice of the plan hearing in accordance with Chapter 1, Part 8, Hearing
1731 and Notice Requirements;
1732 (e) hold a plan hearing on the proposed community reinvestment project area plan and,
1733 at the plan hearing:
1734 (i) allow public comment on:
1735 (A) the proposed community reinvestment project area plan; and
1736 (B) whether the agency should revise, approve, or reject the proposed community
1737 reinvestment project area plan; and
1738 (ii) receive all written and oral objections to the proposed community reinvestment
1739 project area plan; and
1740 (f) following the plan hearing described in Subsection (3)(e), or at a subsequent agency
1741 meeting:
1742 (i) consider:
1743 (A) the oral and written objections to the proposed community reinvestment project
1744 area plan and evidence and testimony for and against adoption of the proposed community
1745 reinvestment project area plan; and
1746 (B) whether to revise, approve, or reject the proposed community reinvestment project
1747 area plan;
1748 (ii) adopt a resolution in accordance with Section 17C-5-108 that approves the
1749 proposed community reinvestment project area plan, with or without revisions, as the
1750 community reinvestment project area plan; and
1751 (iii) submit the community reinvestment project area plan to the community legislative
1752 body for adoption.
1753 (4) (a) Except as provided in Subsection (4)(b), an agency may not modify a proposed
1754 community reinvestment project area plan to add one or more parcels to the proposed
1755 community reinvestment project area unless the agency holds a plan hearing to consider the
1756 addition and gives notice of the plan hearing in accordance with Chapter 1, Part 8, Hearing and
1757 Notice Requirements.
1758 (b) The notice and hearing requirements described in Subsection (4)(a) do not apply to
1759 a proposed community reinvestment project area plan being modified to add one or more
1760 parcels to the proposed community reinvestment project area if:
1761 (i) each parcel is contiguous to one or more parcels already included in the proposed
1762 community reinvestment project area under the proposed community reinvestment project area
1763 plan;
1764 (ii) the record owner of each parcel consents to adding the parcel to the proposed
1765 community reinvestment project area; and
1766 (iii) each parcel is located within the survey area.
1767 Section 30. Section 17C-5-105 is amended to read:
1768 17C-5-105. Community reinvestment project area plan requirements.
1769 [
1770 proposed community reinvestment project area plan [
1771 (1) subject to Section 17C-1-414, if applicable, [
1772 description and a map of the community reinvestment project area;
1773 (2) [
1774 streets, population densities, and building intensities of the community reinvestment project
1775 area and how each will be affected by project area development;
1776 (3) [
1777 (4) [
1778 (5) [
1779 reinvestment project area is located and [
1780 conform to the community's general plan;
1781 (6) if applicable, [
1782 reduce [
1783 (7) [
1784 community reinvestment project area plan;
1785 (8) if applicable, [
1786 (9) [
1787 area;
1788 (10) [
1789 community reinvestment project area;
1790 (11) [
1791 offering a participant;
1792 (12) [
1793 resulting from project area development, including benefits to the community's economic
1794 activity and tax base;
1795 (13) if applicable, [
1796 required under Section 17C-5-106;
1797 (14) [
1798 before May 14, 2019, states whether the community reinvestment project area plan or proposed
1799 community reinvestment project area plan is subject to a taxing entity committee or an
1800 interlocal agreement; and
1801 (15) [
1802 advisable.
1803 Section 31. Section 17C-5-108 is amended to read:
1804 17C-5-108. Board resolution approving a community reinvestment project area
1805 plan -- Requirements.
1806 A board shall ensure that a resolution approving a proposed community reinvestment
1807 area plan as the community reinvestment project area plan under Section 17C-5-104 [
1808
1809 (1) a boundary description of the community reinvestment project area that is the
1810 subject of the community reinvestment project area plan;
1811 (2) the agency's purposes and intent with respect to the community reinvestment
1812 project area;
1813 (3) the proposed community reinvestment project area plan incorporated by reference;
1814 (4) the board findings and determinations that the proposed community reinvestment
1815 project area plan:
1816 (a) serves a public purpose;
1817 (b) produces a public benefit as demonstrated by the analysis described in Subsection
1818 17C-5-105(12);
1819 (c) is economically sound and feasible;
1820 (d) conforms to the community's general plan; and
1821 (e) promotes the public peace, health, safety, and welfare of the community in which
1822 the proposed community reinvestment project area is located; and
1823 (5) if the board made a [
1824 under Section 17C-5-402, a statement that the board made a [
1825 impediment determination within the proposed community reinvestment project area and the
1826 date on which the board made the [
1827 Section 32. Section 17C-5-112 is amended to read:
1828 17C-5-112. Amending a community reinvestment project area plan.
1829 (1) An agency may amend a community reinvestment project area plan in accordance
1830 with this section.
1831 (2) (a) If an amendment proposes to enlarge a community reinvestment project area's
1832 geographic area, the agency shall:
1833 (i) comply with this part as though the agency were creating a community reinvestment
1834 project area;
1835 (ii) if the agency anticipates receiving project area funds from the area proposed to be
1836 added to the community reinvestment project area, before the agency may collect project area
1837 funds:
1838 (A) for a community reinvestment project area plan that is subject to a taxing entity
1839 committee, obtain approval to receive tax increment from the taxing entity committee; or
1840 (B) for a community reinvestment project area plan that is subject to an interlocal
1841 agreement, obtain the approval of the taxing entity that is a party to the interlocal agreement;
1842 and
1843 (iii) if the agency anticipates acquiring property in the area proposed to be added to the
1844 community reinvestment project area by eminent domain, follow the procedures described in
1845 Section 17C-5-402.
1846 (b) The base year for the area proposed to be added to the community reinvestment
1847 project area shall be determined using the date of:
1848 (i) the taxing entity committee's consent as described in Subsection (2)(a)(ii)(A); or
1849 (ii) the taxing entity's consent as described in Subsection (2)(a)(ii)(B).
1850 (3) If an amendment does not propose to enlarge a community reinvestment project
1851 area's geographic area, the board may adopt a resolution approving the amendment after the
1852 agency:
1853 (a) if the amendment does not propose to allow the agency to receive a greater amount
1854 of project area funds or to extend a project area funds collection period:
1855 (i) gives notice in accordance with Section 17C-1-806; and
1856 (ii) holds a public hearing on the proposed amendment that meets the requirements
1857 described in Subsection 17C-5-104(3); or
1858 (b) if the amendment proposes to also allow the agency to receive a greater amount of
1859 project area funds or to extend a project area funds collection period:
1860 (i) complies with Subsection (3)(a)(i) and (ii); and
1861 (ii) (A) for a community reinvestment project area plan that is subject to a taxing entity
1862 committee, obtains approval from the taxing entity committee; or
1863 (B) for a community reinvestment project area plan that is subject to an interlocal
1864 agreement, obtains approval to receive project area funds from the taxing entity that is a party
1865 to the interlocal agreement.
1866 [
1867
1868
1869
1870 (4) (a) If a board has not made a determination under Part 4, Development Impediment
1871 Determination in a Community Reinvestment Project Area, but intends to use eminent domain
1872 within a community reinvestment project area, the agency may amend the community
1873 reinvestment project area plan in accordance with this Subsection (4).
1874 (b) To amend a community reinvestment project area plan as described in Subsection
1875 (4)(a), an agency shall:
1876 (i) adopt a survey area resolution that identifies each parcel that the agency intends to
1877 study to determine whether [
1878 (ii) in accordance with Part 4, [
1879 Community Reinvestment Project Area, conduct a [
1880 within the survey area and make a [
1881 [
1882
1883 [
1884 from each taxing entity that is a party to an interlocal agreement.
1885 (c) Amending a community reinvestment project area plan as described in this
1886 Subsection (4) does not affect:
1887 (i) the base year of the parcel or parcels that are the subject of an amendment under this
1888 Subsection (4); and
1889 (ii) any interlocal agreement under which the agency is authorized to receive project
1890 area funds from the community reinvestment project area.
1891 (5) An agency may amend a community reinvestment project area plan without
1892 obtaining the consent of a taxing entity or a taxing entity committee and without providing
1893 notice or holding a public hearing if the amendment:
1894 (a) makes a minor adjustment in the community reinvestment project area boundary
1895 that is requested by a county assessor or county auditor to avoid inconsistent property boundary
1896 lines; or
1897 (b) removes one or more parcels from a community reinvestment project area because
1898 the agency determines that each parcel is:
1899 (i) tax exempt;
1900 (ii) [
1901 (iii) no longer necessary or desirable to the project area.
1902 (6) (a) An amendment approved by board resolution under this section may not take
1903 effect until the community legislative body adopts an ordinance approving the amendment.
1904 (b) Upon the community legislative body adopting an ordinance approving an
1905 amendment under Subsection (6)(a), the agency shall comply with the requirements described
1906 in Sections 17C-5-110 and 17C-5-111 as if the amendment were a community reinvestment
1907 project area plan.
1908 (7) (a) Within 30 days after the day on which an amendment to a project area plan
1909 becomes effective, a person may contest the amendment to the project area plan or the
1910 procedure used to adopt the amendment to the project area plan if the amendment or procedure
1911 fails to comply with a provision of this title.
1912 (b) After the 30-day period described in Subsection (7)(a) expires, a person may not
1913 contest the amendment to the project area plan or procedure used to adopt the amendment to
1914 the project area plan for any cause.
1915 Section 33. Section 17C-5-202 is amended to read:
1916 17C-5-202. Community reinvestment project area funding.
1917 (1) (a) [
1918 for the purpose of receiving project area funds for use within a community reinvestment project
1919 area, an agency shall negotiate and enter into an interlocal agreement with a taxing entity in
1920 accordance with Section 17C-5-204 to receive all or a portion of the taxing entity's tax
1921 increment or sales and use tax revenue in accordance with the interlocal agreement.
1922 (b) If a community reinvestment project area is subject to an interlocal agreement
1923 under Subsection (1)(a) and the agency subsequently amends the community reinvestment
1924 project area plan as described in Subsection 17C-5-112(4), the agency shall continue to receive
1925 project area funds under the interlocal agreement.
1926 [
1927
1928
1929
1930
1931 (2) Notwithstanding Subsection (1), an agency may receive tax increment in
1932 accordance with Section 17C-5-203 if the agency created a community reinvestment project
1933 area before May 14, 2019, that is subject to a taxing entity committee and provides for the use
1934 of eminent domain to acquire property within the community reinvestment project area.
1935 (3) An agency shall comply with [
1936 Area Budget, regardless of whether an agency enters into an interlocal agreement under
1937 Subsection [
1938 Subsection (2).
1939 Section 34. Section 17C-5-203 is amended to read:
1940 17C-5-203. Community reinvestment project area subject to taxing entity
1941 committee -- Tax increment.
1942 (1) This section applies to a community reinvestment project area that an agency
1943 created before May 14, 2019, and that is subject to a taxing entity committee under Subsection
1944 17C-5-202(2).
1945 (2) Subject to the taxing entity committee's approval of a community reinvestment
1946 project area budget under Section 17C-5-304, and for the purpose of implementing a
1947 community reinvestment project area plan, an agency may receive up to 100% of a taxing
1948 entity's tax increment, or any specified dollar amount of tax increment, for any period of time.
1949 (3) Notwithstanding Subsection (2), an agency that adopts a community reinvestment
1950 project area plan that is subject to a taxing entity committee may negotiate and enter into an
1951 interlocal agreement with a taxing entity and receive all or a portion of the taxing entity's sales
1952 and use tax revenue for any period of time.
1953 Section 35. Section 17C-5-205 is amended to read:
1954 17C-5-205. Interlocal agreement to provide project area funds for the community
1955 reinvestment project area subject to interlocal agreement -- Notice -- Effective date of
1956 interlocal agreement -- Time to contest interlocal agreement -- Availability of interlocal
1957 agreement.
1958 (1) [
1959 (a) approve and adopt an interlocal agreement described in Section 17C-5-204 at an
1960 open and public meeting; and
1961 (b) provide a notice of the meeting which includes a statement that the interlocal
1962 agreement authorizes the diversion of property tax for a community reinvestment project area.
1963 (2) (a) Upon the execution of an interlocal agreement described in Section 17C-5-204,
1964 the agency shall provide notice of the execution by:
1965 (i) (A) publishing or causing to be published a notice in a newspaper of general
1966 circulation within the agency's boundaries; or
1967 (B) if there is no newspaper of general circulation within the agency's boundaries,
1968 causing the notice to be posted in at least three public places within the agency's boundaries;
1969 and
1970 (ii) publishing or causing the notice to be published on the Utah Public Notice Website
1971 created in Section 63F-1-701.
1972 (b) A notice described in Subsection (2)(a) shall include:
1973 (i) a summary of the interlocal agreement; and
1974 (ii) a statement that the interlocal agreement:
1975 (A) is available for public inspection and the hours for inspection; and
1976 (B) authorizes the agency to receive all or a portion of a taxing entity's tax increment or
1977 sales and use tax revenue.
1978 (3) An interlocal agreement described in Section 17C-5-204 is effective the day on
1979 which the notice described in Subsection (2) is published or posted in accordance with
1980 Subsection (2)(a).
1981 (4) (a) Within 30 days after the day on which the interlocal agreement is effective, a
1982 person may contest the interlocal agreement or the procedure used to adopt the interlocal
1983 agreement if the interlocal agreement or procedure fails to comply with a provision of this title.
1984 (b) After the 30-day period described in Subsection (4)(a) expires, a person may not
1985 contest:
1986 (i) the interlocal agreement;
1987 (ii) a distribution of tax increment to the agency under the interlocal agreement; or
1988 (iii) the agency's use of project area funds under the interlocal agreement.
1989 (5) A taxing entity that enters into an interlocal agreement under Section 17C-5-204
1990 shall make a copy of the interlocal agreement available to the public at the taxing entity's office
1991 for inspection and copying during normal business hours.
1992 Section 36. Section 17C-5-401 is amended to read:
1993
1994
1995 17C-5-401. Title.
1996 This part is known as "[
1997 Community Reinvestment Project Area."
1998 Section 37. Section 17C-5-402 is amended to read:
1999 17C-5-402. Development impediment determination in a community
2000 reinvestment project area -- Prerequisites -- Restrictions.
2001 (1) An agency shall comply with the provisions of this section before the agency may
2002 use eminent domain to acquire property under Chapter 1, Part 9, Eminent Domain.
2003 (2) An agency shall, after adopting a survey area resolution as described in Section
2004 17C-5-103:
2005 (a) cause a [
2006 area in accordance with Section 17C-5-403;
2007 (b) provide notice and hold a [
2008 with Chapter 1, Part 8, Hearing and Notice Requirements; and
2009 (c) after the [
2010 meeting:
2011 (i) consider [
2012 existence or nonexistence of [
2013 (ii) by resolution, make a [
2014 development impediment exists in all or part of the survey area.
2015 [
2016
2017
2018
2019 [
2020
2021
2022 [
2023 [
2024 [
2025
2026
2027
2028
2029 [
2030
2031 [
2032
2033 Section 38. Section 17C-5-403 is amended to read:
2034 17C-5-403. Development impediment study -- Requirements -- Deadline.
2035 (1) [
2036 (a) [
2037 (b) [
2038 (i) whether the conditions described in Section 17C-5-405:
2039 (A) exist in part or all of the survey area; and
2040 (B) meet the qualifications for a [
2041 determination in all or part of the survey area; and
2042 (ii) whether the survey area contains all or part of a superfund site;
2043 (c) [
2044 (i) the conclusions reached;
2045 (ii) any area within the survey area that meets the statutory criteria of [
2046 development impediment under Section 17C-5-405; and
2047 (iii) any other information requested by the agency to determine whether [
2048 development impediment exists within the survey area; and
2049 (d) [
2050 is adopted.
2051 (2) (a) If a [
2052 described in Subsection (1)(d), the agency may not approve a community reinvestment project
2053 area plan or an amendment to a community reinvestment project area plan under Subsection
2054 17C-5-112(4) based on a [
2055 a new resolution under Subsection 17C-5-103(1).
2056 (b) A new resolution described in Subsection (2)(a) shall in all respects be considered
2057 to be a resolution under Subsection 17C-5-103(1) adopted for the first time, except that any
2058 actions taken toward completing a [
2059 that the new resolution replaces shall be considered to have been taken under the new
2060 resolution.
2061 (3) (a) For the purpose of making a [
2062 under Subsection 17C-5-402(2)(c)(ii), a [
2063 one year from the day on which the [
2064 (b) (i) Except as provided in Subsection (3)(b)(ii), an agency that makes a [
2065 development impediment determination under a valid [
2066 and subsequently adopts a community reinvestment project area plan in accordance with
2067 Section 17C-5-104 may amend the community reinvestment project area plan without
2068 conducting a new [
2069 (ii) An agency shall conduct a supplemental [
2070 for the area proposed to be added to the community reinvestment project area if the agency
2071 proposes an amendment to a community reinvestment project area plan that:
2072 (A) increases the community reinvestment project area's geographic boundary and the
2073 area proposed to be added was not included in the original [
2074 study; and
2075 (B) provides for the use of eminent domain within the area proposed to be added to the
2076 community reinvestment project area.
2077 Section 39. Section 17C-5-404 is amended to read:
2078 17C-5-404. Development impediment hearing -- Owners may review evidence of
2079 a development impediment.
2080 (1) In a hearing required under Subsection 17C-5-402(2)(b), an agency shall:
2081 (a) permit all evidence of the existence or nonexistence of [
2082 impediment within the survey area to be presented; and
2083 (b) permit each record owner of property located within the survey area or the record
2084 property owner's representative the opportunity to:
2085 (i) examine and cross-examine each witness that provides evidence of the existence or
2086 nonexistence of [
2087 (ii) present evidence and testimony, including expert testimony, concerning the
2088 existence or nonexistence of [
2089 (2) An agency shall allow each record owner of property located within a survey area
2090 the opportunity, for at least 30 days before the day on which the hearing takes place, to review
2091 the evidence of [
2092 firm conducting the [
2093 expert report.
2094 Section 40. Section 17C-5-405 is amended to read:
2095 17C-5-405. Conditions on a development impediment determination --
2096 Conditions of a development impediment caused by a participant.
2097 (1) A board may not make a [
2098 in a resolution under Subsection 17C-5-402(2)(c)(ii) unless the board finds that:
2099 (a) (i) the survey area consists predominantly of nongreenfield parcels;
2100 (ii) the survey area is currently zoned for urban purposes and generally served by
2101 utilities;
2102 (iii) at least 50% of the parcels within the survey area contain nonagricultural or
2103 nonaccessory buildings or improvements used or intended for residential, commercial,
2104 industrial, or other urban purposes;
2105 (iv) the present condition or use of the survey area substantially impairs the sound
2106 growth of the community, delays the provision of housing accommodations, constitutes an
2107 economic liability, or is detrimental to the public health, safety, or welfare, as shown by the
2108 existence within the survey area of at least four of the following factors:
2109 (A) although sometimes interspersed with well maintained buildings and infrastructure,
2110 substantial physical dilapidation, deterioration, or defective construction of buildings or
2111 infrastructure, or significant noncompliance with current building code, safety code, health
2112 code, or fire code requirements or local ordinances;
2113 (B) unsanitary or unsafe conditions in the survey area that threaten the health, safety, or
2114 welfare of the community;
2115 (C) environmental hazards, as defined in state or federal law, which require
2116 remediation as a condition for current or future use and development;
2117 (D) excessive vacancy, abandoned buildings, or vacant lots within an area zoned for
2118 urban use and served by utilities;
2119 (E) abandoned or outdated facilities that pose a threat to public health, safety, or
2120 welfare;
2121 (F) criminal activity in the survey area, higher than that of comparable [
2122 areas in the municipality or county that are without a development impediment; and
2123 (G) defective or unusual conditions of title rendering the title nonmarketable; and
2124 (v) (A) at least 50% of the privately owned parcels within the survey area are affected
2125 by at least one of the factors, but not necessarily the same factor, listed in Subsection (1)(a)(iv);
2126 and
2127 (B) the affected parcels comprise at least 66% of the privately owned acreage within
2128 the survey area; or
2129 (b) the survey area includes some or all of:
2130 (i) a superfund site;
2131 (ii) a site used for the disposal of solid waste or hazardous waste, as those terms are
2132 defined in Section 19-6-102;
2133 (iii) an inactive industrial site; or
2134 (iv) an inactive airport site.
2135 (2) A single parcel comprising 10% or more of the acreage within the survey area may
2136 not be counted as satisfying the requirement described in Subsection (1)(a)(iii) or (iv) unless at
2137 least 50% of the area of the parcel is occupied by buildings or improvements.
2138 (3) (a) Except as provided in Subsection (3)(b), for purposes of Subsection (1), if a
2139 participant or proposed participant involved in the project area development has caused a
2140 condition listed in Subsection (1)(a)(iv) within the survey area, that condition may not be used
2141 in the determination of [
2142 (b) Subsection (3)(a) does not apply to a condition that was caused by an owner or
2143 tenant who later becomes a participant.
2144 Section 41. Section 17C-5-406 is amended to read:
2145 17C-5-406. Challenging a finding of development impediment determination --
2146 Time limit -- Standards governing court review.
2147 (1) If a board makes a [
2148 under Subsection 17C-5-402(2)(c)(ii) [
2149
2150 challenge the [
2151 which the property is located no later than 30 days after the day on which the board makes the
2152 determination.
2153 [
2154
2155 [
2156 (a) the agency shall transmit to the district court the record of the agency's proceedings,
2157 including any minutes, findings, determinations, orders, or transcripts of the agency's
2158 proceedings;
2159 (b) the district court shall review the [
2160 determination under the standards of review provided in Subsection 10-9a-801(3); and
2161 (c) (i) if there is a record:
2162 (A) the district court's review is limited to the record provided by the agency; and
2163 (B) the district court may not accept or consider any evidence outside the record of the
2164 agency, unless the evidence was offered to the agency and the district court determines that the
2165 agency improperly excluded the evidence; or
2166 (ii) if there is no record, the district court may call witnesses and take evidence.
2167 Section 42. Coordinating H.B. 245 with S.B. 98 -- Substantive amendments.
2168 If this H.B. 245 and S.B. 98, Community Reinvestment Agency Amendments, both
2169 pass and become law, it is the intent of the Legislature that Section 17C-5-202 shall be
2170 amended to read:
2171 "17C-5-202. Community reinvestment project area funding options.
2172 (1) (a) [
2173 for the purpose of receiving project area funds for use within a community reinvestment project
2174 area, an agency shall negotiate and enter into an interlocal agreement with a taxing entity in
2175 accordance with Section 17C-5-204 to receive all or a portion of the taxing entity's tax
2176 increment or sales and use tax revenue in accordance with the interlocal agreement.
2177 (b) If a community reinvestment project area is subject to an interlocal agreement
2178 under Subsection (1)(a) and the agency subsequently amends the community reinvestment
2179 project area plan as described in Subsection 17C-5-112(4), the agency shall continue to receive
2180 project area funds under the interlocal agreement.
2181 [
2182
2183
2184
2185
2186 [
2187
2188
2189 (2) Notwithstanding Subsection (1), an agency may receive tax increment in
2190 accordance with Section 17C-5-203 if the agency created a community reinvestment project
2191 area before May 14, 2019, that is subject to a taxing entity committee and provides for the use
2192 of eminent domain to acquire property within the community reinvestment project area.
2193 (3) Regardless of whether an agency enters into an interlocal agreement under
2194 Subsection (1) or receives tax increment under Subsection (2), an agency:
2195 (a) shall comply with Part 3, Community Reinvestment Project Area Budget; and
2196 (b) except as provided in Subsection 17C-1-409(6)(b), may not pay a taxing entity that
2197 is not the community that created the agency a one-time or ongoing:
2198 (i) administrative fee; or
2199 (ii) fee related to the creation, operation, or administration of a project area."