Chief Sponsor: Logan Wilde

Senate Sponsor: ____________


8     General Description:
9          This bill allows a county of the sixth class or a special service district to impose an
10     impact fee to pay for certain fire suppression vehicles.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows a county of the sixth class or a special service district to impose an impact
14     fee to pay for certain fire suppression vehicles; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          11-36a-102, as last amended by Laws of Utah 2018, Chapters 196 and 415
23          11-36a-202, as last amended by Laws of Utah 2018, Chapter 415

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 11-36a-102 is amended to read:
27          11-36a-102. Definitions.

28          As used in this chapter:
29          (1) (a) "Affected entity" means each county, municipality, local district under Title
30     17B, Limited Purpose Local Government Entities - Local Districts, special service district
31     under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation
32     entity established under Chapter 13, Interlocal Cooperation Act, and specified public utility:
33          (i) whose services or facilities are likely to require expansion or significant
34     modification because of the facilities proposed in the proposed impact fee facilities plan; or
35          (ii) that has filed with the local political subdivision or private entity a copy of the
36     general or long-range plan of the county, municipality, local district, special service district,
37     school district, interlocal cooperation entity, or specified public utility.
38          (b) "Affected entity" does not include the local political subdivision or private entity
39     that is required under Section 11-36a-501 to provide notice.
40          (2) "Charter school" includes:
41          (a) an operating charter school;
42          (b) an applicant for a charter school whose application has been approved by a charter
43     school authorizer as provided in Title 53G, Chapter 5, Part 6, Charter School [Authorization]
44     Credit Enhancement Program; and
45          (c) an entity that is working on behalf of a charter school or approved charter applicant
46     to develop or construct a charter school building.
47          (3) "Development activity" means any construction or expansion of a building,
48     structure, or use, any change in use of a building or structure, or any changes in the use of land
49     that creates additional demand and need for public facilities.
50          (4) "Development approval" means:
51          (a) except as provided in Subsection (4)(b), any written authorization from a local
52     political subdivision that authorizes the commencement of development activity;
53          (b) development activity, for a public entity that may develop without written
54     authorization from a local political subdivision;
55          (c) a written authorization from a public water supplier, as defined in Section 73-1-4,
56     or a private water company:
57          (i) to reserve or provide:
58          (A) a water right;

59          (B) a system capacity; or
60          (C) a distribution facility; or
61          (ii) to deliver for a development activity:
62          (A) culinary water; or
63          (B) irrigation water; or
64          (d) a written authorization from a sanitary sewer authority, as defined in Section
65     10-9a-103:
66          (i) to reserve or provide:
67          (A) sewer collection capacity; or
68          (B) treatment capacity; or
69          (ii) to provide sewer service for a development activity.
70          (5) "Enactment" means:
71          (a) a municipal ordinance, for a municipality;
72          (b) a county ordinance, for a county; and
73          (c) a governing board resolution, for a local district, special service district, or private
74     entity.
75          (6) "Encumber" means:
76          (a) a pledge to retire a debt; or
77          (b) an allocation to a current purchase order or contract.
78          (7) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
79     meter, or appurtenance to connect to a gas, water, sewer, storm water, power, or other utility
80     system of a municipality, county, local district, special service district, or private entity.
81          (8) (a) "Impact fee" means a payment of money imposed upon new development
82     activity as a condition of development approval to mitigate the impact of the new development
83     on public infrastructure.
84          (b) "Impact fee" does not mean a tax, a special assessment, a building permit fee, a
85     hookup fee, a fee for project improvements, or other reasonable permit or application fee.
86          (9) "Impact fee analysis" means the written analysis of each impact fee required by
87     Section 11-36a-303.
88          (10) "Impact fee facilities plan" means the plan required by Section 11-36a-301.
89          (11) "Level of service" means the defined performance standard or unit of demand for

90     each capital component of a public facility within a service area.
91          (12) (a) "Local political subdivision" means a county, a municipality, a local district
92     under Title 17B, Limited Purpose Local Government Entities - Local Districts, or a special
93     service district under Title 17D, Chapter 1, Special Service District Act.
94          (b) "Local political subdivision" does not mean a school district, whose impact fee
95     activity is governed by Section 11-36a-206.
96          (13) "Private entity" means an entity in private ownership with at least 100 individual
97     shareholders, customers, or connections, that is located in a first, second, third, or fourth class
98     county and provides water to an applicant for development approval who is required to obtain
99     water from the private entity either as a:
100          (a) specific condition of development approval by a local political subdivision acting
101     pursuant to a prior agreement, whether written or unwritten, with the private entity; or
102          (b) functional condition of development approval because the private entity:
103          (i) has no reasonably equivalent competition in the immediate market; and
104          (ii) is the only realistic source of water for the applicant's development.
105          (14) (a) "Project improvements" means site improvements and facilities that are:
106          (i) planned and designed to provide service for development resulting from a
107     development activity;
108          (ii) necessary for the use and convenience of the occupants or users of development
109     resulting from a development activity; and
110          (iii) not identified or reimbursed as a system improvement.
111          (b) "Project improvements" does not mean system improvements.
112          (15) "Proportionate share" means the cost of public facility improvements that are
113     roughly proportionate and reasonably related to the service demands and needs of any
114     development activity.
115          (16) "Public facilities" means only the following impact fee facilities that have a life
116     expectancy of 10 or more years and are owned or operated by or on behalf of a local political
117     subdivision or private entity:
118          (a) water rights and water supply, treatment, storage, and distribution facilities;
119          (b) wastewater collection and treatment facilities;
120          (c) storm water, drainage, and flood control facilities;

121          (d) municipal power facilities;
122          (e) roadway facilities;
123          (f) parks, recreation facilities, open space, and trails;
124          (g) public safety facilities;
125          (h) environmental mitigation as provided in Section 11-36a-205; or
126          (i) municipal natural gas facilities.
127          (17) (a) "Public safety facility" means:
128          (i) a building constructed or leased to house police, fire, or other public safety entities;
129     or
130          (ii) except for a fire suppression vehicle described in Subsection 11-36a-202(2)(b), a
131     fire suppression vehicle costing in excess of $500,000.
132          (b) "Public safety facility" does not mean a jail, prison, or other place of involuntary
133     incarceration.
134          (18) (a) "Roadway facilities" means a street or road that has been designated on an
135     officially adopted subdivision plat, roadway plan, or general plan of a political subdivision,
136     together with all necessary appurtenances.
137          (b) "Roadway facilities" includes associated improvements to a federal or state
138     roadway only when the associated improvements:
139          (i) are necessitated by the new development; and
140          (ii) are not funded by the state or federal government.
141          (c) "Roadway facilities" does not mean federal or state roadways.
142          (19) (a) "Service area" means a geographic area designated by an entity that imposes an
143     impact fee on the basis of sound planning or engineering principles in which a public facility,
144     or a defined set of public facilities, provides service within the area.
145          (b) "Service area" may include the entire local political subdivision or an entire area
146     served by a private entity.
147          (20) "Specified public agency" means:
148          (a) the state;
149          (b) a school district; or
150          (c) a charter school.
151          (21) (a) "System improvements" means:

152          (i) existing public facilities that are:
153          (A) identified in the impact fee analysis under Section 11-36a-304; and
154          (B) designed to provide services to service areas within the community at large; and
155          (ii) future public facilities identified in the impact fee analysis under Section
156     11-36a-304 that are intended to provide services to service areas within the community at large.
157          (b) "System improvements" does not mean project improvements.
158          Section 2. Section 11-36a-202 is amended to read:
159          11-36a-202. Prohibitions on impact fees.
160          (1) A local political subdivision or private entity may not:
161          (a) impose an impact fee to:
162          (i) cure deficiencies in a public facility serving existing development;
163          (ii) raise the established level of service of a public facility serving existing
164     development;
165          (iii) recoup more than the local political subdivision's or private entity's costs actually
166     incurred for excess capacity in an existing system improvement; or
167          (iv) include an expense for overhead, unless the expense is calculated pursuant to a
168     methodology that is consistent with:
169          (A) generally accepted cost accounting practices; and
170          (B) the methodological standards set forth by the federal Office of Management and
171     Budget for federal grant reimbursement;
172          (b) delay the construction of a school or charter school because of a dispute with the
173     school or charter school over impact fees; or
174          (c) impose or charge any other fees as a condition of development approval unless
175     those fees are a reasonable charge for the service provided.
176          (2) (a) Notwithstanding any other provision of this chapter, a political subdivision or
177     private entity may not impose an impact fee:
178          (i) except as provided in Subsection (2)(b), on residential components of development
179     to pay for a public safety facility that is a fire suppression vehicle;
180          (ii) on a school district or charter school for a park, recreation facility, open space, or
181     trail;
182          (iii) on a school district or charter school unless:

183          (A) the development resulting from the school district's or charter school's
184     development activity directly results in a need for additional system improvements for which
185     the impact fee is imposed; and
186          (B) the impact fee is calculated to cover only the school district's or charter school's
187     proportionate share of the cost of those additional system improvements;
188          (iv) to the extent that the impact fee includes a component for a law enforcement
189     facility, on development activity for:
190          (A) the Utah National Guard;
191          (B) the Utah Highway Patrol; or
192          (C) a state institution of higher education that has its own police force; or
193          (v) on development activity on the state fair park, as defined in Section 63H-6-102.
194          (b) A county of the sixth class or a special service district may impose an impact fee on
195     residential components of development to pay for a fire suppression vehicle costing in excess
196     of $100,000.
197          [(b) (i)] (3) (a) Notwithstanding any other provision of this chapter, a political
198     subdivision or private entity may not impose an impact fee on development activity that
199     consists of the construction of a school, whether by a school district or a charter school, if:
200          [(A)] (i) the school is intended to replace another school, whether on the same or a
201     different parcel;
202          [(B)] (ii) the new school creates no greater demand or need for public facilities than the
203     school or school facilities, including any portable or modular classrooms that are on the site of
204     the replaced school at the time that the new school is proposed; and
205          [(C)] (iii) the new school and the school being replaced are both within the boundary of
206     the local political subdivision or the jurisdiction of the private entity.
207          [(ii)] (b) If the imposition of an impact fee on a new school is not prohibited under
208     Subsection [(2)(b)(i)] (3)(a) because the new school creates a greater demand or need for public
209     facilities than the school being replaced, the impact fee shall be based only on the demand or
210     need that the new school creates for public facilities that exceeds the demand or need that the
211     school being replaced creates for those public facilities.
212          [(c)] (4) Notwithstanding any other provision of this chapter, a political subdivision or
213     private entity may impose an impact fee for a road facility on the state only if and to the extent

214     that:
215          [(i)] (a) the state's development causes an impact on the road facility; and
216          [(ii)] (b) the portion of the road facility related to an impact fee is not funded by the
217     state or by the federal government.
218          [(3)] (5) Notwithstanding any other provision of this chapter, a local political
219     subdivision may impose and collect impact fees on behalf of a school district if authorized by
220     Section 11-36a-206.