1     
AFFORDABLE HOUSING MODIFICATIONS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jacob L. Anderegg

5     
House Sponsor: Val K. Potter

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to a municipality's and a county's general plan
10     related to moderate income housing.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     modifies the requirements of certain municipalities and counties related to the
15     moderate income housing plan element of their general plan;
16          ▸     modifies the reporting requirements of certain municipalities and counties related to
17     the moderate income housing plan element of their general plan;
18          ▸     modifies provisions related to the use of Transportation Investment Fund money;
19          ▸     modifies provisions related to the Olene Walker Housing Loan Fund Board; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          10-9a-103, as last amended by Laws of Utah 2018, Chapters 339 and 415
28          10-9a-401, as last amended by Laws of Utah 2018, Chapter 218
29          10-9a-403, as last amended by Laws of Utah 2018, Chapter 218
30          10-9a-408, as last amended by Laws of Utah 2018, Chapters 218 and 364
31          17-27a-103, as last amended by Laws of Utah 2018, Chapters 339 and 415
32          17-27a-401, as last amended by Laws of Utah 2018, Chapter 218
33          17-27a-403, as last amended by Laws of Utah 2018, Chapter 218
34          17-27a-408, as last amended by Laws of Utah 2018, Chapters 218 and 364
35          35A-8-503, as renumbered and amended by Laws of Utah 2012, Chapter 212
36          35A-8-505, as last amended by Laws of Utah 2018, Chapter 251
37          35A-8-803, as renumbered and amended by Laws of Utah 2012, Chapter 212
38          63B-18-401, as last amended by Laws of Utah 2013, Chapter 389
39          63B-27-101, as last amended by Laws of Utah 2018, Chapter 280
40          63I-2-217, as last amended by Laws of Utah 2018, Chapter 68 and further amended by
41     Revisor Instructions, Laws of Utah 2018, Chapter 456
42          72-1-304, as last amended by Laws of Utah 2018, Chapter 424
43          72-2-124, as last amended by Laws of Utah 2018, Chapter 424
44     

45     Be it enacted by the Legislature of the state of Utah:
46          Section 1. Section 10-9a-103 is amended to read:
47          10-9a-103. Definitions.
48          As used in this chapter:
49          (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
50     detached from a primary single-family dwelling and contained on one lot.
51          [(1)] (2) "Affected entity" means a county, municipality, local district, special service
52     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
53     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
54     public utility, property owner, property owners association, or the Utah Department of
55     Transportation, if:
56          (a) the entity's services or facilities are likely to require expansion or significant
57     modification because of an intended use of land;
58          (b) the entity has filed with the municipality a copy of the entity's general or long-range
59     plan; or
60          (c) the entity has filed with the municipality a request for notice during the same
61     calendar year and before the municipality provides notice to an affected entity in compliance
62     with a requirement imposed under this chapter.
63          [(2)] (3) "Appeal authority" means the person, board, commission, agency, or other
64     body designated by ordinance to decide an appeal of a decision of a land use application or a
65     variance.
66          [(3)] (4) "Billboard" means a freestanding ground sign located on industrial,
67     commercial, or residential property if the sign is designed or intended to direct attention to a
68     business, product, or service that is not sold, offered, or existing on the property where the sign
69     is located.
70          [(4)] (5) (a) "Charter school" means:
71          (i) an operating charter school;
72          (ii) a charter school applicant that has its application approved by a charter school
73     authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
74          (iii) an entity that is working on behalf of a charter school or approved charter
75     applicant to develop or construct a charter school building.
76          (b) "Charter school" does not include a therapeutic school.
77          [(5)] (6) "Conditional use" means a land use that, because of its unique characteristics
78     or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not
79     be compatible in some areas or may be compatible only if certain conditions are required that
80     mitigate or eliminate the detrimental impacts.
81          [(6)] (7) "Constitutional taking" means a governmental action that results in a taking of
82     private property so that compensation to the owner of the property is required by the:
83          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
84          (b) Utah Constitution Article I, Section 22.
85          [(7)] (8) "Culinary water authority" means the department, agency, or public entity with
86     responsibility to review and approve the feasibility of the culinary water system and sources for
87     the subject property.
88          [(8)] (9) "Development activity" means:
89          (a) any construction or expansion of a building, structure, or use that creates additional
90     demand and need for public facilities;
91          (b) any change in use of a building or structure that creates additional demand and need
92     for public facilities; or
93          (c) any change in the use of land that creates additional demand and need for public
94     facilities.
95          [(9)] (10) (a) "Disability" means a physical or mental impairment that substantially
96     limits one or more of a person's major life activities, including a person having a record of such
97     an impairment or being regarded as having such an impairment.
98          (b) "Disability" does not include current illegal use of, or addiction to, any federally
99     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
100     802.
101          [(10)] (11) "Educational facility":
102          (a) means:
103          (i) a school district's building at which pupils assemble to receive instruction in a
104     program for any combination of grades from preschool through grade 12, including
105     kindergarten and a program for children with disabilities;
106          (ii) a structure or facility:
107          (A) located on the same property as a building described in Subsection [(10)]
108     (11)(a)(i); and
109          (B) used in support of the use of that building; and
110          (iii) a building to provide office and related space to a school district's administrative
111     personnel; and
112          (b) does not include:
113          (i) land or a structure, including land or a structure for inventory storage, equipment
114     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
115          (A) not located on the same property as a building described in Subsection [(10)]
116     (11)(a)(i); and
117          (B) used in support of the purposes of a building described in Subsection [(10)]
118     (11)(a)(i); or
119          (ii) a therapeutic school.
120          [(11)] (12) "Fire authority" means the department, agency, or public entity with
121     responsibility to review and approve the feasibility of fire protection and suppression services
122     for the subject property.
123          [(12)] (13) "Flood plain" means land that:
124          (a) is within the 100-year flood plain designated by the Federal Emergency
125     Management Agency; or
126          (b) has not been studied or designated by the Federal Emergency Management Agency
127     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
128     the land has characteristics that are similar to those of a 100-year flood plain designated by the
129     Federal Emergency Management Agency.
130          [(13)] (14) "General plan" means a document that a municipality adopts that sets forth
131     general guidelines for proposed future development of the land within the municipality.
132          [(14)] (15) "Geologic hazard" means:
133          (a) a surface fault rupture;
134          (b) shallow groundwater;
135          (c) liquefaction;
136          (d) a landslide;
137          (e) a debris flow;
138          (f) unstable soil;
139          (g) a rock fall; or
140          (h) any other geologic condition that presents a risk:
141          (i) to life;
142          (ii) of substantial loss of real property; or
143          (iii) of substantial damage to real property.
144          [(15)] (16) "Historic preservation authority" means a person, board, commission, or
145     other body designated by a legislative body to:
146          (a) recommend land use regulations to preserve local historic districts or areas; and
147          (b) administer local historic preservation land use regulations within a local historic
148     district or area.
149          [(16)] (17) "Hookup fee" means a fee for the installation and inspection of any pipe,
150     line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or
151     other utility system.
152          [(17)] (18) "Identical plans" means building plans submitted to a municipality that:
153          (a) are clearly marked as "identical plans";
154          (b) are substantially identical to building plans that were previously submitted to and
155     reviewed and approved by the municipality; and
156          (c) describe a building that:
157          (i) is located on land zoned the same as the land on which the building described in the
158     previously approved plans is located;
159          (ii) is subject to the same geological and meteorological conditions and the same law
160     as the building described in the previously approved plans;
161          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
162     and approved by the municipality; and
163          (iv) does not require any additional engineering or analysis.
164          [(18)] (19) "Impact fee" means a payment of money imposed under Title 11, Chapter
165     36a, Impact Fees Act.
166          [(19)] (20) "Improvement completion assurance" means a surety bond, letter of credit,
167     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
168     by a municipality to guaranty the proper completion of landscaping or an infrastructure
169     improvement required as a condition precedent to:
170          (a) recording a subdivision plat; or
171          (b) development of a commercial, industrial, mixed use, or multifamily project.
172          [(20)] (21) "Improvement warranty" means an applicant's unconditional warranty that
173     the applicant's installed and accepted landscaping or infrastructure improvement:
174          (a) complies with the municipality's written standards for design, materials, and
175     workmanship; and
176          (b) will not fail in any material respect, as a result of poor workmanship or materials,
177     within the improvement warranty period.
178          [(21)] (22) "Improvement warranty period" means a period:
179          (a) no later than one year after a municipality's acceptance of required landscaping; or
180          (b) no later than one year after a municipality's acceptance of required infrastructure,
181     unless the municipality:
182          (i) determines for good cause that a one-year period would be inadequate to protect the
183     public health, safety, and welfare; and
184          (ii) has substantial evidence, on record:
185          (A) of prior poor performance by the applicant; or
186          (B) that the area upon which the infrastructure will be constructed contains suspect soil
187     and the municipality has not otherwise required the applicant to mitigate the suspect soil.
188          [(22)] (23) "Infrastructure improvement" means permanent infrastructure that an
189     applicant must install:
190          (a) pursuant to published installation and inspection specifications for public
191     improvements; and
192          (b) as a condition of:
193          (i) recording a subdivision plat; or
194          (ii) development of a commercial, industrial, mixed use, condominium, or multifamily
195     project.
196          [(23)] (24) "Internal lot restriction" means a platted note, platted demarcation, or
197     platted designation that:
198          (a) runs with the land; and
199          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
200     the plat; or
201          (ii) designates a development condition that is enclosed within the perimeter of a lot
202     described on the plat.
203          [(24)] (25) "Land use applicant" means a property owner, or the property owner's
204     designee, who submits a land use application regarding the property owner's land.
205          [(25)] (26) "Land use application":
206          (a) means an application that is:
207          (i) required by a municipality; and
208          (ii) submitted by a land use applicant to obtain a land use decision; and
209          (b) does not mean an application to enact, amend, or repeal a land use regulation.
210          [(26)] (27) "Land use authority" means:
211          (a) a person, board, commission, agency, or body, including the local legislative body,
212     designated by the local legislative body to act upon a land use application; or
213          (b) if the local legislative body has not designated a person, board, commission,
214     agency, or body, the local legislative body.
215          [(27)] (28) "Land use decision" means an administrative decision of a land use
216     authority or appeal authority regarding:
217          (a) a land use permit;
218          (b) a land use application; or
219          (c) the enforcement of a land use regulation, land use permit, or development
220     agreement.
221          [(28)] (29) "Land use permit" means a permit issued by a land use authority.
222          [(29)] (30) "Land use regulation":
223          (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
224     specification, fee, or rule that governs the use or development of land;
225          (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
226     and
227          (c) does not include:
228          (i) a land use decision of the legislative body acting as the land use authority, even if
229     the decision is expressed in a resolution or ordinance; or
230          (ii) a temporary revision to an engineering specification that does not materially:
231          (A) increase a land use applicant's cost of development compared to the existing
232     specification; or
233          (B) impact a land use applicant's use of land.
234          [(30)] (31) "Legislative body" means the municipal council.
235          [(31)] (32) "Local district" means an entity under Title 17B, Limited Purpose Local
236     Government Entities - Local Districts, and any other governmental or quasi-governmental
237     entity that is not a county, municipality, school district, or the state.
238          [(32)] (33) "Local historic district or area" means a geographically definable area that:
239          (a) contains any combination of buildings, structures, sites, objects, landscape features,
240     archeological sites, or works of art that contribute to the historic preservation goals of a
241     legislative body; and
242          (b) is subject to land use regulations to preserve the historic significance of the local
243     historic district or area.
244          [(33)] (34) "Lot line adjustment" means the relocation of the property boundary line in
245     a subdivision between two adjoining lots with the consent of the owners of record.
246          (35) "Major transit investment corridor" means public transit service that uses or
247     occupies:
248          (a) public transit rail right-of-way;
249          (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
250     or
251          (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
252     municipality or county and:
253          (i) a public transit district as defined in Section 17B-2a-802; or
254          (ii) an eligible political subdivision as defined in Section 59-12-2219.
255          [(34)] (36) "Moderate income housing" means housing occupied or reserved for
256     occupancy by households with a gross household income equal to or less than 80% of the
257     median gross income for households of the same size in the county in which the city is located.
258          [(35)] (37) "Nominal fee" means a fee that reasonably reimburses a municipality only
259     for time spent and expenses incurred in:
260          (a) verifying that building plans are identical plans; and
261          (b) reviewing and approving those minor aspects of identical plans that differ from the
262     previously reviewed and approved building plans.
263          [(36)] (38) "Noncomplying structure" means a structure that:
264          (a) legally existed before its current land use designation; and
265          (b) because of one or more subsequent land use ordinance changes, does not conform
266     to the setback, height restrictions, or other regulations, excluding those regulations, which
267     govern the use of land.
268          [(37)] (39) "Nonconforming use" means a use of land that:
269          (a) legally existed before its current land use designation;
270          (b) has been maintained continuously since the time the land use ordinance governing
271     the land changed; and
272          (c) because of one or more subsequent land use ordinance changes, does not conform
273     to the regulations that now govern the use of the land.
274          [(38)] (40) "Official map" means a map drawn by municipal authorities and recorded in
275     a county recorder's office that:
276          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
277     highways and other transportation facilities;
278          (b) provides a basis for restricting development in designated rights-of-way or between
279     designated setbacks to allow the government authorities time to purchase or otherwise reserve
280     the land; and
281          (c) has been adopted as an element of the municipality's general plan.
282          [(39)] (41) "Parcel boundary adjustment" means a recorded agreement between owners
283     of adjoining properties adjusting their mutual boundary if:
284          (a) no additional parcel is created; and
285          (b) each property identified in the agreement is unsubdivided land, including a
286     remainder of subdivided land.
287          [(40)] (42) "Person" means an individual, corporation, partnership, organization,
288     association, trust, governmental agency, or any other legal entity.
289          [(41)] (43) "Plan for moderate income housing" means a written document adopted by
290     a [city] municipality's legislative body that includes:
291          (a) an estimate of the existing supply of moderate income housing located within the
292     [city] municipality;
293          (b) an estimate of the need for moderate income housing in the [city] municipality for
294     the next five years [as revised biennially];
295          (c) a survey of total residential land use;
296          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
297     income housing; and
298          (e) a description of the [city's] municipality's program to encourage an adequate supply
299     of moderate income housing.
300          [(42)] (44) "Plat" means a map or other graphical representation of lands being laid out
301     and prepared in accordance with Section 10-9a-603, 17-23-17, or 57-8-13.
302          [(43)] (45) "Potential geologic hazard area" means an area that:
303          (a) is designated by a Utah Geological Survey map, county geologist map, or other
304     relevant map or report as needing further study to determine the area's potential for geologic
305     hazard; or
306          (b) has not been studied by the Utah Geological Survey or a county geologist but
307     presents the potential of geologic hazard because the area has characteristics similar to those of
308     a designated geologic hazard area.
309          [(44)] (46) "Public agency" means:
310          (a) the federal government;
311          (b) the state;
312          (c) a county, municipality, school district, local district, special service district, or other
313     political subdivision of the state; or
314          (d) a charter school.
315          [(45)] (47) "Public hearing" means a hearing at which members of the public are
316     provided a reasonable opportunity to comment on the subject of the hearing.
317          [(46)] (48) "Public meeting" means a meeting that is required to be open to the public
318     under Title 52, Chapter 4, Open and Public Meetings Act.
319          [(47)] (49) "Receiving zone" means an area of a municipality that the municipality
320     designates, by ordinance, as an area in which an owner of land may receive a transferable
321     development right.
322          [(48)] (50) "Record of survey map" means a map of a survey of land prepared in
323     accordance with Section 17-23-17.
324          [(49)] (51) "Residential facility for persons with a disability" means a residence:
325          (a) in which more than one person with a disability resides; and
326          (b) (i) which is licensed or certified by the Department of Human Services under Title
327     62A, Chapter 2, Licensure of Programs and Facilities; or
328          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
329     21, Health Care Facility Licensing and Inspection Act.
330          [(50)] (52) "Rules of order and procedure" means a set of rules that govern and
331     prescribe in a public meeting:
332          (a) parliamentary order and procedure;
333          (b) ethical behavior; and
334          (c) civil discourse.
335          [(51)] (53) "Sanitary sewer authority" means the department, agency, or public entity
336     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
337     wastewater systems.
338          [(52)] (54) "Sending zone" means an area of a municipality that the municipality
339     designates, by ordinance, as an area from which an owner of land may transfer a transferable
340     development right.
341          [(53)] (55) "Specified public agency" means:
342          (a) the state;
343          (b) a school district; or
344          (c) a charter school.
345          [(54)] (56) "Specified public utility" means an electrical corporation, gas corporation,
346     or telephone corporation, as those terms are defined in Section 54-2-1.
347          [(55)] (57) "State" includes any department, division, or agency of the state.
348          [(56)] (58) "Street" means a public right-of-way, including a highway, avenue,
349     boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
350     or other way.
351          [(57)] (59) (a) "Subdivision" means any land that is divided, resubdivided or proposed
352     to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
353     purpose, whether immediate or future, for offer, sale, lease, or development either on the
354     installment plan or upon any and all other plans, terms, and conditions.
355          (b) "Subdivision" includes:
356          (i) the division or development of land whether by deed, metes and bounds description,
357     devise and testacy, map, plat, or other recorded instrument; and
358          (ii) except as provided in Subsection [(57)] (59)(c), divisions of land for residential and
359     nonresidential uses, including land used or to be used for commercial, agricultural, and
360     industrial purposes.
361          (c) "Subdivision" does not include:
362          (i) a bona fide division or partition of agricultural land for the purpose of joining one of
363     the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
364     neither the resulting combined parcel nor the parcel remaining from the division or partition
365     violates an applicable land use ordinance;
366          (ii) a recorded agreement between owners of adjoining unsubdivided properties
367     adjusting their mutual boundary if:
368          (A) no new lot is created; and
369          (B) the adjustment does not violate applicable land use ordinances;
370          (iii) a recorded document, executed by the owner of record:
371          (A) revising the legal description of more than one contiguous unsubdivided parcel of
372     property into one legal description encompassing all such parcels of property; or
373          (B) joining a subdivided parcel of property to another parcel of property that has not
374     been subdivided, if the joinder does not violate applicable land use ordinances;
375          (iv) a recorded agreement between owners of adjoining subdivided properties adjusting
376     their mutual boundary if:
377          (A) no new dwelling lot or housing unit will result from the adjustment; and
378          (B) the adjustment will not violate any applicable land use ordinance;
379          (v) a bona fide division or partition of land by deed or other instrument where the land
380     use authority expressly approves in writing the division in anticipation of further land use
381     approvals on the parcel or parcels; or
382          (vi) a parcel boundary adjustment.
383          (d) The joining of a subdivided parcel of property to another parcel of property that has
384     not been subdivided does not constitute a subdivision under this Subsection [(57)] (59) as to
385     the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
386     subdivision ordinance.
387          [(58)] (60) "Suspect soil" means soil that has:
388          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
389     3% swell potential;
390          (b) bedrock units with high shrink or swell susceptibility; or
391          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
392     commonly associated with dissolution and collapse features.
393          [(59)] (61) "Therapeutic school" means a residential group living facility:
394          (a) for four or more individuals who are not related to:
395          (i) the owner of the facility; or
396          (ii) the primary service provider of the facility;
397          (b) that serves students who have a history of failing to function:
398          (i) at home;
399          (ii) in a public school; or
400          (iii) in a nonresidential private school; and
401          (c) that offers:
402          (i) room and board; and
403          (ii) an academic education integrated with:
404          (A) specialized structure and supervision; or
405          (B) services or treatment related to a disability, an emotional development, a
406     behavioral development, a familial development, or a social development.
407          [(60)] (62) "Transferable development right" means a right to develop and use land that
408     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
409     land use rights from a designated sending zone to a designated receiving zone.
410          [(61)] (63) "Unincorporated" means the area outside of the incorporated area of a city
411     or town.
412          [(62)] (64) "Water interest" means any right to the beneficial use of water, including:
413          (a) each of the rights listed in Section 73-1-11; and
414          (b) an ownership interest in the right to the beneficial use of water represented by:
415          (i) a contract; or
416          (ii) a share in a water company, as defined in Section 73-3-3.5.
417          [(63)] (65) "Zoning map" means a map, adopted as part of a land use ordinance, that
418     depicts land use zones, overlays, or districts.
419          Section 2. Section 10-9a-401 is amended to read:
420          10-9a-401. General plan required -- Content.
421          (1) In order to accomplish the purposes of this chapter, each municipality shall prepare
422     and adopt a comprehensive, long-range general plan for:
423          (a) present and future needs of the municipality; and
424          (b) growth and development of all or any part of the land within the municipality.
425          (2) The general plan may provide for:
426          (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
427     activities, aesthetics, and recreational, educational, and cultural opportunities;
428          (b) the reduction of the waste of physical, financial, or human resources that result
429     from either excessive congestion or excessive scattering of population;
430          (c) the efficient and economical use, conservation, and production of the supply of:
431          (i) food and water; and
432          (ii) drainage, sanitary, and other facilities and resources;
433          (d) the use of energy conservation and solar and renewable energy resources;
434          (e) the protection of urban development;
435          (f) if the municipality is a town, the protection or promotion of moderate income
436     housing;
437          (g) the protection and promotion of air quality;
438          (h) historic preservation;
439          (i) identifying future uses of land that are likely to require an expansion or significant
440     modification of services or facilities provided by each affected entity; and
441          (j) an official map.
442          (3) (a) The general plan of a municipality, other than a town, shall plan for moderate
443     income housing growth.
444          (b) On or before [July 1, 2019] December 1, 2019, each of the following that have a
445     general plan that does not comply with Subsection (3)(a) shall amend the general plan to
446     comply with Subsection (3)(a):
447          (i) a city of the first, second, third, or fourth class;
448          (ii) a city of the fifth class with a population of 5,000 or more, if the city is located
449     within a county of the first, second, or third class; and
450          (iii) a metro township with a population of 5,000 or more[; and].
451          [(iv) a metro township with a population of less than 5,000, if the metro township is
452     located within a county of the first, second, or third class.]
453          (c) The population figures described in Subsections (3)(b)(ii)[,] and (iii)[, and (iv)]
454     shall be derived from:
455          (i) the most recent official census or census estimate of the United States Census
456     Bureau; or
457          (ii) if a population figure is not available under Subsection (3)(c)(i), an estimate of the
458     Utah Population Estimates Committee.
459          (4) Subject to Subsection 10-9a-403(2), the municipality may determine the
460     comprehensiveness, extent, and format of the general plan.
461          Section 3. Section 10-9a-403 is amended to read:
462          10-9a-403. General plan preparation.
463          (1) (a) The planning commission shall provide notice, as provided in Section
464     10-9a-203, of its intent to make a recommendation to the municipal legislative body for a
465     general plan or a comprehensive general plan amendment when the planning commission
466     initiates the process of preparing its recommendation.
467          (b) The planning commission shall make and recommend to the legislative body a
468     proposed general plan for the area within the municipality.
469          (c) The plan may include areas outside the boundaries of the municipality if, in the
470     planning commission's judgment, those areas are related to the planning of the municipality's
471     territory.
472          (d) Except as otherwise provided by law or with respect to a municipality's power of
473     eminent domain, when the plan of a municipality involves territory outside the boundaries of
474     the municipality, the municipality may not take action affecting that territory without the
475     concurrence of the county or other municipalities affected.
476          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
477     and descriptive and explanatory matter, shall include the planning commission's
478     recommendations for the following plan elements:
479          (i) a land use element that:
480          (A) designates the long-term goals and the proposed extent, general distribution, and
481     location of land for housing for residents of various income levels, business, industry,
482     agriculture, recreation, education, public buildings and grounds, open space, and other
483     categories of public and private uses of land as appropriate; and
484          (B) may include a statement of the projections for and standards of population density
485     and building intensity recommended for the various land use categories covered by the plan;
486          (ii) a transportation and traffic circulation element [consisting of the general location
487     and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
488     any other modes of transportation that the planning commission considers appropriate, all
489     correlated with the population projections and the proposed land use element of the general
490     plan; and] that:
491          (A) provides the general location and extent of existing and proposed freeways, arterial
492     and collector streets, public transit, active transportation facilities, and other modes of
493     transportation that the planning commission considers appropriate;
494          (B) for a municipality that has access to a major transit investment corridor, addresses
495     the municipality's plan for residential and commercial development around major transit
496     investment corridors to maintain and improve the connections between housing, employment,
497     education, recreation, and commerce;
498          (C) for a municipality that does not have access to a major transit investment corridor,
499     addresses the municipality's plan for residential and commercial development in areas that will
500     maintain and improve the connections between housing, transportation, employment,
501     education, recreation, and commerce; and
502          (D) correlates with the population projections, the employment projections, and the
503     proposed land use element of the general plan; and
504          (iii) for a municipality described in Subsection 10-9a-401(3)(b), a plan that provides a
505     realistic opportunity to meet the need for additional moderate income housing.
506          (b) In drafting the moderate income housing element, the planning commission:
507          (i) shall consider the Legislature's determination that municipalities shall facilitate a
508     reasonable opportunity for a variety of housing, including moderate income housing:
509          (A) to meet the needs of people [desiring to live] of various income levels living,
510     working, or desiring to live or work in the community; and
511          (B) to allow [persons with moderate] people with various incomes to benefit from and
512     fully participate in all aspects of neighborhood and community life; [and]
513          (ii) for a town, may include, and for other municipalities, shall include, an analysis of
514     [why the recommended means, techniques, or combination of means and techniques provide]
515     how the municipality will provide a realistic opportunity for the development of moderate
516     income housing within the next five years[, which means or techniques may include a
517     recommendation to:];
518          (iii) for a town, may include, and for other municipalities, shall include, a
519     recommendation to implement three or more of the following strategies:
520          (A) rezone for densities necessary to assure the production of moderate income
521     housing;
522          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
523     construction of moderate income housing;
524          (C) [encourage] facilitate the rehabilitation of existing uninhabitable housing stock into
525     moderate income housing;
526          (D) consider general fund subsidies or other sources of revenue to waive construction
527     related fees that are otherwise generally imposed by the city;
528          (E) create or allow for, and reduce regulations related to, accessory dwelling units in
529     residential zones;
530          (F) allow for higher density or moderate income residential development in
531     commercial and mixed-use zones, commercial centers, or employment centers;
532          (G) encourage higher density or moderate income residential development near major
533     transit investment corridors;
534          (H) eliminate or reduce parking requirements for residential development where a
535     resident is less likely to rely on the resident's own vehicle, such as residential development near
536     major transit investment corridors or senior living facilities;
537          (I) allow for single room occupancy developments;
538          (J) implement zoning incentives for low to moderate income units in new
539     developments;
540          (K) utilize strategies that preserve subsidized low to moderate income units on a
541     long-term basis;
542          (L) preserve existing moderate income housing;
543          (M) reduce impact fees, as defined in Section 11-36a-102, related to low and moderate
544     income housing;
545          (N) participate in a community land trust program for low or moderate income
546     housing;
547          (O) implement a mortgage assistance program for employees of the municipality or of
548     an employer that provides contracted services to the municipality;
549          [(E) consider utilization of] (P) apply for or partner with an entity that applies for state
550     or federal funds or tax incentives to promote the construction of moderate income housing;
551          [(F) consider utilization of] (Q) apply for or partner with an entity that applies for
552     programs offered by the Utah Housing Corporation within that agency's funding capacity;
553          [(G) consider utilization of] (R) apply for or partner with an entity that applies for
554     affordable housing programs administered by the Department of Workforce Services; [and]
555          [(H) consider utilization of] (S) apply for or partner with an entity that applies for
556     programs administered by an association of governments established by an interlocal
557     agreement under Title 11, Chapter 13, Interlocal Cooperation Act[.];
558          (T) apply for or partner with an entity that applies for services provided by a public
559     housing authority to preserve and create moderate income housing;
560          (U) apply for or partner with an entity that applies for programs administered by a
561     metropolitan planning organization or other transportation agency that provides technical
562     planning assistance;
563          (V) utilize a moderate income housing set aside from a community reinvestment
564     agency, redevelopment agency, or community development and renewal agency; and
565          (W) any other program or strategy implemented by the municipality to address the
566     housing needs of residents of the municipality who earn less than 80% of the area median
567     income; and
568          (iv) in addition to the recommendations required under Subsection (2)(b)(iii), for a
569     municipality that has a fixed guideway public transit station, shall include a recommendation to
570     implement the strategies described in Subsection (2)(b)(iii)(G) or (H).
571          (c) In drafting the land use element, the planning commission shall:
572          (i) identify and consider each agriculture protection area within the municipality; and
573          (ii) avoid proposing a use of land within an agriculture protection area that is
574     inconsistent with or detrimental to the use of the land for agriculture.
575          (d) In drafting the transportation and traffic circulation element, the planning
576     commission shall:
577          (i) consider the regional transportation plan developed by its region's metropolitan
578     planning organization, if the municipality is within the boundaries of a metropolitan planning
579     organization; or
580          (ii) consider the long-range transportation plan developed by the Department of
581     Transportation, if the municipality is not within the boundaries of a metropolitan planning
582     organization.
583          (3) The proposed general plan may include:
584          (a) an environmental element that addresses:
585          (i) the protection, conservation, development, and use of natural resources, including
586     the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
587     and other natural resources; and
588          (ii) the reclamation of land, flood control, prevention and control of the pollution of
589     streams and other waters, regulation of the use of land on hillsides, stream channels and other
590     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
591     protection of watersheds and wetlands, and the mapping of known geologic hazards;
592          (b) a public services and facilities element showing general plans for sewage, water,
593     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
594     police and fire protection, and other public services;
595          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
596     programs for:
597          (i) historic preservation;
598          (ii) the diminution or elimination of blight; and
599          (iii) redevelopment of land, including housing sites, business and industrial sites, and
600     public building sites;
601          (d) an economic element composed of appropriate studies and forecasts, as well as an
602     economic development plan, which may include review of existing and projected municipal
603     revenue and expenditures, revenue sources, identification of basic and secondary industry,
604     primary and secondary market areas, employment, and retail sales activity;
605          (e) recommendations for implementing all or any portion of the general plan, including
606     the use of land use ordinances, capital improvement plans, community development and
607     promotion, and any other appropriate action;
608          (f) provisions addressing any of the matters listed in Subsection 10-9a-401(2) or (3);
609     and
610          (g) any other element the municipality considers appropriate.
611          Section 4. Section 10-9a-408 is amended to read:
612          10-9a-408. Reporting requirements and civil action regarding moderate income
613     housing element of general plan.
614          (1) The legislative body of a municipality described in Subsection 10-9a-401(3)(b)
615     shall [biennially] annually:
616          (a) review the moderate income housing plan element of the municipality's general
617     plan and implementation of that element of the general plan;
618          (b) prepare a report on the findings of the review described in Subsection (1)(a); and
619          (c) post the report described in Subsection (1)(b) on the municipality's website.
620          (2) The report described in Subsection (1) shall include [a description of]:
621          [(a) efforts made by the municipality to reduce, mitigate, or eliminate local regulatory
622     barriers to moderate income housing;]
623          (a) a revised estimate of the need for moderate income housing in the municipality for
624     the next five years;
625          [(b) actions taken by the municipality to encourage preservation of existing moderate
626     income housing and development of new moderate income housing;]
627          [(c)] (b) a description of progress made within the municipality to provide moderate
628     income housing, demonstrated by analyzing and publishing data on[: (i)] the number of
629     housing units in the municipality that are at or below:
630          [(A)] (i) 80% of the adjusted median family income [for the municipality];
631          [(B)] (ii) 50% of the adjusted median family income [for the municipality]; and
632          [(C)] (iii) 30% of the adjusted median family income [for the municipality];
633          [(ii) the number of housing units in the municipality that are subsidized by the
634     municipality, the state, or the federal government; and]
635          [(iii) the number of housing units in the municipality that are deed-restricted;]
636          [(d) all efforts made by the city to coordinate moderate income housing plans and
637     actions with neighboring municipalities or associations of governments established by an
638     interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act;]
639          [(e)] (c) [all] a description of any efforts made by the municipality to utilize a moderate
640     income housing set-aside from a [redevelopment agency, a community development agency, or
641     an economic development agency;] community reinvestment agency, redevelopment agency, or
642     community development and renewal agency; and
643          [(f) money expended by the municipality to pay or waive construction-related fees
644     required by the municipality; and]
645          [(g) programs of the Utah Housing Corporation that were utilized by the municipality.]
646          (d) a description of how the municipality has implemented any of the recommendations
647     related to moderate income housing described in Subsection 10-9a-403(2)(b)(iii).
648          (3) The legislative body of each [city] municipality described in Subsection (1) shall
649     send a copy of the report under Subsection (1) to the Department of Workforce Services [and],
650     the association of governments in which the [city] municipality is located[.], and, if located
651     within the boundaries of a metropolitan planning organization, the appropriate metropolitan
652     planning organization.
653          (4) In a civil action seeking enforcement or claiming a violation of this section or of
654     Subsection 10-9a-404(5)(c), a plaintiff may not recover damages but may be awarded only
655     injunctive or other equitable relief.
656          Section 5. Section 17-27a-103 is amended to read:
657          17-27a-103. Definitions.
658          As used in this chapter:
659          (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
660     detached from a primary single-family dwelling and contained on one lot.
661          [(1)] (2) "Affected entity" means a county, municipality, local district, special service
662     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
663     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
664     property owner, property owners association, public utility, or the Utah Department of
665     Transportation, if:
666          (a) the entity's services or facilities are likely to require expansion or significant
667     modification because of an intended use of land;
668          (b) the entity has filed with the county a copy of the entity's general or long-range plan;
669     or
670          (c) the entity has filed with the county a request for notice during the same calendar
671     year and before the county provides notice to an affected entity in compliance with a
672     requirement imposed under this chapter.
673          [(2)] (3) "Appeal authority" means the person, board, commission, agency, or other
674     body designated by ordinance to decide an appeal of a decision of a land use application or a
675     variance.
676          [(3)] (4) "Billboard" means a freestanding ground sign located on industrial,
677     commercial, or residential property if the sign is designed or intended to direct attention to a
678     business, product, or service that is not sold, offered, or existing on the property where the sign
679     is located.
680          [(4)] (5) (a) "Charter school" means:
681          (i) an operating charter school;
682          (ii) a charter school applicant that has its application approved by a charter school
683     authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
684          (iii) an entity that is working on behalf of a charter school or approved charter
685     applicant to develop or construct a charter school building.
686          (b) "Charter school" does not include a therapeutic school.
687          [(5)] (6) "Chief executive officer" means the person or body that exercises the
688     executive powers of the county.
689          [(6)] (7) "Conditional use" means a land use that, because of its unique characteristics
690     or potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
691     compatible in some areas or may be compatible only if certain conditions are required that
692     mitigate or eliminate the detrimental impacts.
693          [(7)] (8) "Constitutional taking" means a governmental action that results in a taking of
694     private property so that compensation to the owner of the property is required by the:
695          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
696          (b) Utah Constitution, Article I, Section 22.
697          [(8)] (9) "Culinary water authority" means the department, agency, or public entity with
698     responsibility to review and approve the feasibility of the culinary water system and sources for
699     the subject property.
700          [(9)] (10) "Development activity" means:
701          (a) any construction or expansion of a building, structure, or use that creates additional
702     demand and need for public facilities;
703          (b) any change in use of a building or structure that creates additional demand and need
704     for public facilities; or
705          (c) any change in the use of land that creates additional demand and need for public
706     facilities.
707          [(10)] (11) (a) "Disability" means a physical or mental impairment that substantially
708     limits one or more of a person's major life activities, including a person having a record of such
709     an impairment or being regarded as having such an impairment.
710          (b) "Disability" does not include current illegal use of, or addiction to, any federally
711     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
712     Sec. 802.
713          [(11)] (12) "Educational facility":
714          (a) means:
715          (i) a school district's building at which pupils assemble to receive instruction in a
716     program for any combination of grades from preschool through grade 12, including
717     kindergarten and a program for children with disabilities;
718          (ii) a structure or facility:
719          (A) located on the same property as a building described in Subsection [(11)]
720     (12)(a)(i); and
721          (B) used in support of the use of that building; and
722          (iii) a building to provide office and related space to a school district's administrative
723     personnel; and
724          (b) does not include:
725          (i) land or a structure, including land or a structure for inventory storage, equipment
726     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
727          (A) not located on the same property as a building described in Subsection [(11)]
728     (12)(a)(i); and
729          (B) used in support of the purposes of a building described in Subsection [(11)]
730     (12)(a)(i); or
731          (ii) a therapeutic school.
732          [(12)] (13) "Fire authority" means the department, agency, or public entity with
733     responsibility to review and approve the feasibility of fire protection and suppression services
734     for the subject property.
735          [(13)] (14) "Flood plain" means land that:
736          (a) is within the 100-year flood plain designated by the Federal Emergency
737     Management Agency; or
738          (b) has not been studied or designated by the Federal Emergency Management Agency
739     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
740     the land has characteristics that are similar to those of a 100-year flood plain designated by the
741     Federal Emergency Management Agency.
742          [(14)] (15) "Gas corporation" has the same meaning as defined in Section 54-2-1.
743          [(15)] (16) "General plan" means a document that a county adopts that sets forth
744     general guidelines for proposed future development of:
745          (a) the unincorporated land within the county; or
746          (b) for a mountainous planning district, the land within the mountainous planning
747     district.
748          [(16)] (17) "Geologic hazard" means:
749          (a) a surface fault rupture;
750          (b) shallow groundwater;
751          (c) liquefaction;
752          (d) a landslide;
753          (e) a debris flow;
754          (f) unstable soil;
755          (g) a rock fall; or
756          (h) any other geologic condition that presents a risk:
757          (i) to life;
758          (ii) of substantial loss of real property; or
759          (iii) of substantial damage to real property.
760          [(17)] (18) "Hookup fee" means a fee for the installation and inspection of any pipe,
761     line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other
762     utility system.
763          [(18)] (19) "Identical plans" means building plans submitted to a county that:
764          (a) are clearly marked as "identical plans";
765          (b) are substantially identical building plans that were previously submitted to and
766     reviewed and approved by the county; and
767          (c) describe a building that:
768          (i) is located on land zoned the same as the land on which the building described in the
769     previously approved plans is located;
770          (ii) is subject to the same geological and meteorological conditions and the same law
771     as the building described in the previously approved plans;
772          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
773     and approved by the county; and
774          (iv) does not require any additional engineering or analysis.
775          [(19)] (20) "Impact fee" means a payment of money imposed under Title 11, Chapter
776     36a, Impact Fees Act.
777          [(20)] (21) "Improvement completion assurance" means a surety bond, letter of credit,
778     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
779     by a county to guaranty the proper completion of landscaping or an infrastructure improvement
780     required as a condition precedent to:
781          (a) recording a subdivision plat; or
782          (b) development of a commercial, industrial, mixed use, or multifamily project.
783          [(21)] (22) "Improvement warranty" means an applicant's unconditional warranty that
784     the applicant's installed and accepted landscaping or infrastructure improvement:
785          (a) complies with the county's written standards for design, materials, and
786     workmanship; and
787          (b) will not fail in any material respect, as a result of poor workmanship or materials,
788     within the improvement warranty period.
789          [(22)] (23) "Improvement warranty period" means a period:
790          (a) no later than one year after a county's acceptance of required landscaping; or
791          (b) no later than one year after a county's acceptance of required infrastructure, unless
792     the county:
793          (i) determines for good cause that a one-year period would be inadequate to protect the
794     public health, safety, and welfare; and
795          (ii) has substantial evidence, on record:
796          (A) of prior poor performance by the applicant; or
797          (B) that the area upon which the infrastructure will be constructed contains suspect soil
798     and the county has not otherwise required the applicant to mitigate the suspect soil.
799          [(23)] (24) "Infrastructure improvement" means permanent infrastructure that an
800     applicant must install:
801          (a) pursuant to published installation and inspection specifications for public
802     improvements; and
803          (b) as a condition of:
804          (i) recording a subdivision plat; or
805          (ii) development of a commercial, industrial, mixed use, condominium, or multifamily
806     project.
807          [(24)] (25) "Internal lot restriction" means a platted note, platted demarcation, or
808     platted designation that:
809          (a) runs with the land; and
810          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
811     the plat; or
812          (ii) designates a development condition that is enclosed within the perimeter of a lot
813     described on the plat.
814          [(25)] (26) "Interstate pipeline company" means a person or entity engaged in natural
815     gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission
816     under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
817          [(26)] (27) "Intrastate pipeline company" means a person or entity engaged in natural
818     gas transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
819     Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
820          [(27)] (28) "Land use applicant" means a property owner, or the property owner's
821     designee, who submits a land use application regarding the property owner's land.
822          [(28)] (29) "Land use application":
823          (a) means an application that is:
824          (i) required by a county; and
825          (ii) submitted by a land use applicant to obtain a land use decision; and
826          (b) does not mean an application to enact, amend, or repeal a land use regulation.
827          [(29)] (30) "Land use authority" means:
828          (a) a person, board, commission, agency, or body, including the local legislative body,
829     designated by the local legislative body to act upon a land use application; or
830          (b) if the local legislative body has not designated a person, board, commission,
831     agency, or body, the local legislative body.
832          [(30)] (31) "Land use decision" means an administrative decision of a land use
833     authority or appeal authority regarding:
834          (a) a land use permit;
835          (b) a land use application; or
836          (c) the enforcement of a land use regulation, land use permit, or development
837     agreement.
838          [(31)] (32) "Land use permit" means a permit issued by a land use authority.
839          [(32)] (33) "Land use regulation":
840          (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
841     specification, fee, or rule that governs the use or development of land;
842          (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
843     and
844          (c) does not include:
845          (i) a land use decision of the legislative body acting as the land use authority, even if
846     the decision is expressed in a resolution or ordinance; or
847          (ii) a temporary revision to an engineering specification that does not materially:
848          (A) increase a land use applicant's cost of development compared to the existing
849     specification; or
850          (B) impact a land use applicant's use of land.
851          [(33)] (34) "Legislative body" means the county legislative body, or for a county that
852     has adopted an alternative form of government, the body exercising legislative powers.
853          [(34)] (35) "Local district" means any entity under Title 17B, Limited Purpose Local
854     Government Entities - Local Districts, and any other governmental or quasi-governmental
855     entity that is not a county, municipality, school district, or the state.
856          [(35)] (36) "Lot line adjustment" means the relocation of the property boundary line in
857     a subdivision between two adjoining lots with the consent of the owners of record.
858          (37) "Major transit investment corridor" means public transit service that uses or
859     occupies:
860          (a) public transit rail right-of-way;
861          (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
862     or
863          (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
864     municipality or county and:
865          (i) a public transit district as defined in Section 17B-2a-802; or
866          (ii) an eligible political subdivision as defined in Section 59-12-2219.
867          [(36)] (38) "Moderate income housing" means housing occupied or reserved for
868     occupancy by households with a gross household income equal to or less than 80% of the
869     median gross income for households of the same size in the county in which the housing is
870     located.
871          [(37)] (39) "Mountainous planning district" means an area:
872          (a) designated by a county legislative body in accordance with Section 17-27a-901; and
873          (b) that is not otherwise exempt under Section 10-9a-304.
874          [(38)] (40) "Nominal fee" means a fee that reasonably reimburses a county only for
875     time spent and expenses incurred in:
876          (a) verifying that building plans are identical plans; and
877          (b) reviewing and approving those minor aspects of identical plans that differ from the
878     previously reviewed and approved building plans.
879          [(39)] (41) "Noncomplying structure" means a structure that:
880          (a) legally existed before its current land use designation; and
881          (b) because of one or more subsequent land use ordinance changes, does not conform
882     to the setback, height restrictions, or other regulations, excluding those regulations that govern
883     the use of land.
884          [(40)] (42) "Nonconforming use" means a use of land that:
885          (a) legally existed before its current land use designation;
886          (b) has been maintained continuously since the time the land use ordinance regulation
887     governing the land changed; and
888          (c) because of one or more subsequent land use ordinance changes, does not conform
889     to the regulations that now govern the use of the land.
890          [(41)] (43) "Official map" means a map drawn by county authorities and recorded in
891     the county recorder's office that:
892          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
893     highways and other transportation facilities;
894          (b) provides a basis for restricting development in designated rights-of-way or between
895     designated setbacks to allow the government authorities time to purchase or otherwise reserve
896     the land; and
897          (c) has been adopted as an element of the county's general plan.
898          [(42)] (44) "Parcel boundary adjustment" means a recorded agreement between owners
899     of adjoining properties adjusting their mutual boundary if:
900          (a) no additional parcel is created; and
901          (b) each property identified in the agreement is unsubdivided land, including a
902     remainder of subdivided land.
903          [(43)] (45) "Person" means an individual, corporation, partnership, organization,
904     association, trust, governmental agency, or any other legal entity.
905          [(44)] (46) "Plan for moderate income housing" means a written document adopted by
906     a county legislative body that includes:
907          (a) an estimate of the existing supply of moderate income housing located within the
908     county;
909          (b) an estimate of the need for moderate income housing in the county for the next five
910     years [as revised biennially];
911          (c) a survey of total residential land use;
912          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
913     income housing; and
914          (e) a description of the county's program to encourage an adequate supply of moderate
915     income housing.
916          [(45)] (47) "Planning advisory area" means a contiguous, geographically defined
917     portion of the unincorporated area of a county established under this part with planning and
918     zoning functions as exercised through the planning advisory area planning commission, as
919     provided in this chapter, but with no legal or political identity separate from the county and no
920     taxing authority.
921          [(46)] (48) "Plat" means a map or other graphical representation of lands being laid out
922     and prepared in accordance with Section 17-27a-603, 17-23-17, or 57-8-13.
923          [(47)] (49) "Potential geologic hazard area" means an area that:
924          (a) is designated by a Utah Geological Survey map, county geologist map, or other
925     relevant map or report as needing further study to determine the area's potential for geologic
926     hazard; or
927          (b) has not been studied by the Utah Geological Survey or a county geologist but
928     presents the potential of geologic hazard because the area has characteristics similar to those of
929     a designated geologic hazard area.
930          [(48)] (50) "Public agency" means:
931          (a) the federal government;
932          (b) the state;
933          (c) a county, municipality, school district, local district, special service district, or other
934     political subdivision of the state; or
935          (d) a charter school.
936          [(49)] (51) "Public hearing" means a hearing at which members of the public are
937     provided a reasonable opportunity to comment on the subject of the hearing.
938          [(50)] (52) "Public meeting" means a meeting that is required to be open to the public
939     under Title 52, Chapter 4, Open and Public Meetings Act.
940          [(51)] (53) "Receiving zone" means an unincorporated area of a county that the county
941     designates, by ordinance, as an area in which an owner of land may receive a transferable
942     development right.
943          [(52)] (54) "Record of survey map" means a map of a survey of land prepared in
944     accordance with Section 17-23-17.
945          [(53)] (55) "Residential facility for persons with a disability" means a residence:
946          (a) in which more than one person with a disability resides; and
947          (b) (i) which is licensed or certified by the Department of Human Services under Title
948     62A, Chapter 2, Licensure of Programs and Facilities; or
949          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
950     21, Health Care Facility Licensing and Inspection Act.
951          [(54)] (56) "Rules of order and procedure" means a set of rules that govern and
952     prescribe in a public meeting:
953          (a) parliamentary order and procedure;
954          (b) ethical behavior; and
955          (c) civil discourse.
956          [(55)] (57) "Sanitary sewer authority" means the department, agency, or public entity
957     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
958     wastewater systems.
959          [(56)] (58) "Sending zone" means an unincorporated area of a county that the county
960     designates, by ordinance, as an area from which an owner of land may transfer a transferable
961     development right.
962          [(57)] (59) "Site plan" means a document or map that may be required by a county
963     during a preliminary review preceding the issuance of a building permit to demonstrate that an
964     owner's or developer's proposed development activity meets a land use requirement.
965          [(58)] (60) "Specified public agency" means:
966          (a) the state;
967          (b) a school district; or
968          (c) a charter school.
969          [(59)] (61) "Specified public utility" means an electrical corporation, gas corporation,
970     or telephone corporation, as those terms are defined in Section 54-2-1.
971          [(60)] (62) "State" includes any department, division, or agency of the state.
972          [(61)] (63) "Street" means a public right-of-way, including a highway, avenue,
973     boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
974     or other way.
975          [(62)] (64) (a) "Subdivision" means any land that is divided, resubdivided or proposed
976     to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
977     purpose, whether immediate or future, for offer, sale, lease, or development either on the
978     installment plan or upon any and all other plans, terms, and conditions.
979          (b) "Subdivision" includes:
980          (i) the division or development of land whether by deed, metes and bounds description,
981     devise and testacy, map, plat, or other recorded instrument; and
982          (ii) except as provided in Subsection [(62)] (64)(c), divisions of land for residential and
983     nonresidential uses, including land used or to be used for commercial, agricultural, and
984     industrial purposes.
985          (c) "Subdivision" does not include:
986          (i) a bona fide division or partition of agricultural land for agricultural purposes;
987          (ii) a recorded agreement between owners of adjoining properties adjusting their
988     mutual boundary if:
989          (A) no new lot is created; and
990          (B) the adjustment does not violate applicable land use ordinances;
991          (iii) a recorded document, executed by the owner of record:
992          (A) revising the legal description of more than one contiguous unsubdivided parcel of
993     property into one legal description encompassing all such parcels of property; or
994          (B) joining a subdivided parcel of property to another parcel of property that has not
995     been subdivided, if the joinder does not violate applicable land use ordinances;
996          (iv) a bona fide division or partition of land in a county other than a first class county
997     for the purpose of siting, on one or more of the resulting separate parcels:
998          (A) an electrical transmission line or a substation;
999          (B) a natural gas pipeline or a regulation station; or
1000          (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1001     utility service regeneration, transformation, retransmission, or amplification facility;
1002          (v) a recorded agreement between owners of adjoining subdivided properties adjusting
1003     their mutual boundary if:
1004          (A) no new dwelling lot or housing unit will result from the adjustment; and
1005          (B) the adjustment will not violate any applicable land use ordinance;
1006          (vi) a bona fide division or partition of land by deed or other instrument where the land
1007     use authority expressly approves in writing the division in anticipation of further land use
1008     approvals on the parcel or parcels; or
1009          (vii) a parcel boundary adjustment.
1010          (d) The joining of a subdivided parcel of property to another parcel of property that has
1011     not been subdivided does not constitute a subdivision under this Subsection [(62)] (64) as to
1012     the unsubdivided parcel of property or subject the unsubdivided parcel to the county's
1013     subdivision ordinance.
1014          [(63)] (65) "Suspect soil" means soil that has:
1015          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
1016     3% swell potential;
1017          (b) bedrock units with high shrink or swell susceptibility; or
1018          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
1019     commonly associated with dissolution and collapse features.
1020          [(64)] (66) "Therapeutic school" means a residential group living facility:
1021          (a) for four or more individuals who are not related to:
1022          (i) the owner of the facility; or
1023          (ii) the primary service provider of the facility;
1024          (b) that serves students who have a history of failing to function:
1025          (i) at home;
1026          (ii) in a public school; or
1027          (iii) in a nonresidential private school; and
1028          (c) that offers:
1029          (i) room and board; and
1030          (ii) an academic education integrated with:
1031          (A) specialized structure and supervision; or
1032          (B) services or treatment related to a disability, an emotional development, a
1033     behavioral development, a familial development, or a social development.
1034          [(65)] (67) "Transferable development right" means a right to develop and use land that
1035     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
1036     land use rights from a designated sending zone to a designated receiving zone.
1037          [(66)] (68) "Unincorporated" means the area outside of the incorporated area of a
1038     municipality.
1039          [(67)] (69) "Water interest" means any right to the beneficial use of water, including:
1040          (a) each of the rights listed in Section 73-1-11; and
1041          (b) an ownership interest in the right to the beneficial use of water represented by:
1042          (i) a contract; or
1043          (ii) a share in a water company, as defined in Section 73-3-3.5.
1044          [(68)] (70) "Zoning map" means a map, adopted as part of a land use ordinance, that
1045     depicts land use zones, overlays, or districts.
1046          Section 6. Section 17-27a-401 is amended to read:
1047          17-27a-401. General plan required -- Content -- Resource management plan --
1048     Provisions related to radioactive waste facility.
1049          (1) To accomplish the purposes of this chapter, each county shall prepare and adopt a
1050     comprehensive, long-range general plan:
1051          (a) for present and future needs of the county;
1052          (b) (i) for growth and development of all or any part of the land within the
1053     unincorporated portions of the county; or
1054          (ii) if a county has designated a mountainous planning district, for growth and
1055     development of all or any part of the land within the mountainous planning district; and
1056          (c) as a basis for communicating and coordinating with the federal government on land
1057     and resource management issues.
1058          (2) To promote health, safety, and welfare, the general plan may provide for:
1059          (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
1060     activities, aesthetics, and recreational, educational, and cultural opportunities;
1061          (b) the reduction of the waste of physical, financial, or human resources that result
1062     from either excessive congestion or excessive scattering of population;
1063          (c) the efficient and economical use, conservation, and production of the supply of:
1064          (i) food and water; and
1065          (ii) drainage, sanitary, and other facilities and resources;
1066          (d) the use of energy conservation and solar and renewable energy resources;
1067          (e) the protection of urban development;
1068          (f) the protection and promotion of air quality;
1069          (g) historic preservation;
1070          (h) identifying future uses of land that are likely to require an expansion or significant
1071     modification of services or facilities provided by each affected entity; and
1072          (i) an official map.
1073          (3) (a) The general plan shall:
1074          (i) allow and plan for moderate income housing growth; and
1075          (ii) contain a resource management plan for the public lands, as defined in Section
1076     63L-6-102, within the county .
1077          (b) On or before [July 1, 2019] December 1, 2019, a county with a general plan that
1078     does not comply with Subsection (3)(a)(i) shall amend the general plan to comply with
1079     Subsection (3)(a)(i).
1080          (c) The resource management plan described in Subsection (3)(a)(ii) shall address:
1081          (i) mining;
1082          (ii) land use;
1083          (iii) livestock and grazing;
1084          (iv) irrigation;
1085          (v) agriculture;
1086          (vi) fire management;
1087          (vii) noxious weeds;
1088          (viii) forest management;
1089          (ix) water rights;
1090          (x) ditches and canals;
1091          (xi) water quality and hydrology;
1092          (xii) flood plains and river terraces;
1093          (xiii) wetlands;
1094          (xiv) riparian areas;
1095          (xv) predator control;
1096          (xvi) wildlife;
1097          (xvii) fisheries;
1098          (xviii) recreation and tourism;
1099          (xix) energy resources;
1100          (xx) mineral resources;
1101          (xxi) cultural, historical, geological, and paleontological resources;
1102          (xxii) wilderness;
1103          (xxiii) wild and scenic rivers;
1104          (xxiv) threatened, endangered, and sensitive species;
1105          (xxv) land access;
1106          (xxvi) law enforcement;
1107          (xxvii) economic considerations; and
1108          (xxviii) air.
1109          (d) For each item listed under Subsection (3)(c), a county's resource management plan
1110     shall:
1111          (i) establish findings pertaining to the item;
1112          (ii) establish defined objectives; and
1113          (iii) outline general policies and guidelines on how the objectives described in
1114     Subsection (3)(d)(ii) are to be accomplished.
1115          (4) (a) The general plan shall include specific provisions related to any areas within, or
1116     partially within, the exterior boundaries of the county, or contiguous to the boundaries of a
1117     county, which are proposed for the siting of a storage facility or transfer facility for the
1118     placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as
1119     these wastes are defined in Section 19-3-303. The provisions shall address the effects of the
1120     proposed site upon the health and general welfare of citizens of the state, and shall provide:
1121          (i) the information identified in Section 19-3-305;
1122          (ii) information supported by credible studies that demonstrates that the provisions of
1123     Subsection 19-3-307(2) have been satisfied; and
1124          (iii) specific measures to mitigate the effects of high-level nuclear waste and greater
1125     than class C radioactive waste and guarantee the health and safety of the citizens of the state.
1126          (b) A county may, in lieu of complying with Subsection (4)(a), adopt an ordinance
1127     indicating that all proposals for the siting of a storage facility or transfer facility for the
1128     placement of high-level nuclear waste or greater than class C radioactive waste wholly or
1129     partially within the county are rejected.
1130          (c) A county may adopt the ordinance listed in Subsection (4)(b) at any time.
1131          (d) The county shall send a certified copy of the ordinance described in Subsection
1132     (4)(b) to the executive director of the Department of Environmental Quality by certified mail
1133     within 30 days of enactment.
1134          (e) If a county repeals an ordinance adopted under Subsection (4)(b) the county shall:
1135          (i) comply with Subsection (4)(a) as soon as reasonably possible; and
1136          (ii) send a certified copy of the repeal to the executive director of the Department of
1137     Environmental Quality by certified mail within 30 days after the repeal.
1138          (5) The general plan may define the county's local customs, local culture, and the
1139     components necessary for the county's economic stability.
1140          (6) Subject to Subsection 17-27a-403(2), the county may determine the
1141     comprehensiveness, extent, and format of the general plan.
1142          (7) If a county has designated a mountainous planning district, the general plan for the
1143     mountainous planning district is the controlling plan and takes precedence over a municipality's
1144     general plan for property located within the mountainous planning district.
1145          (8) Nothing in this part may be construed to limit the authority of the state to manage
1146     and protect wildlife under Title 23, Wildlife Resources Code of Utah.
1147          Section 7. Section 17-27a-403 is amended to read:
1148          17-27a-403. Plan preparation.
1149          (1) (a) The planning commission shall provide notice, as provided in Section
1150     17-27a-203, of its intent to make a recommendation to the county legislative body for a general
1151     plan or a comprehensive general plan amendment when the planning commission initiates the
1152     process of preparing its recommendation.
1153          (b) The planning commission shall make and recommend to the legislative body a
1154     proposed general plan for:
1155          (i) the unincorporated area within the county; or
1156          (ii) if the planning commission is a planning commission for a mountainous planning
1157     district, the mountainous planning district.
1158          (c) (i) The plan may include planning for incorporated areas if, in the planning
1159     commission's judgment, they are related to the planning of the unincorporated territory or of
1160     the county as a whole.
1161          (ii) Elements of the county plan that address incorporated areas are not an official plan
1162     or part of a municipal plan for any municipality, unless it is recommended by the municipal
1163     planning commission and adopted by the governing body of the municipality.
1164          (iii) Notwithstanding Subsection (1)(c)(ii), if property is located in a mountainous
1165     planning district, the plan for the mountainous planning district controls and precedes a
1166     municipal plan, if any, to which the property would be subject.
1167          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
1168     and descriptive and explanatory matter, shall include the planning commission's
1169     recommendations for the following plan elements:
1170          (i) a land use element that:
1171          (A) designates the long-term goals and the proposed extent, general distribution, and
1172     location of land for housing for residents of various income levels, business, industry,
1173     agriculture, recreation, education, public buildings and grounds, open space, and other
1174     categories of public and private uses of land as appropriate; and
1175          (B) may include a statement of the projections for and standards of population density
1176     and building intensity recommended for the various land use categories covered by the plan;
1177          (ii) a transportation and traffic circulation element [consisting of the general location
1178     and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
1179     any other modes of transportation that the planning commission considers appropriate, all
1180     correlated with the population projections and the proposed land use element of the general
1181     plan;] that:
1182          (A) provides the general location and extent of existing and proposed freeways, arterial
1183     and collector streets, public transit, active transportation facilities, and other modes of
1184     transportation that the planning commission considers appropriate;
1185          (B) addresses the county's plan for residential and commercial development around
1186     major transit investment corridors to maintain and improve the connections between housing,
1187     employment, education, recreation, and commerce; and
1188          (C) correlates with the population projections, the employment projections, and the
1189     proposed land use element of the general plan;
1190          (iii) a plan for the development of additional moderate income housing within the
1191     unincorporated area of the county or the mountainous planning district, and a plan to provide a
1192     realistic opportunity to meet the need for additional moderate income housing; and
1193          (iv) before May 1, 2017, a resource management plan detailing the findings, objectives,
1194     and policies required by Subsection 17-27a-401(3).
1195          (b) In drafting the moderate income housing element, the planning commission:
1196          (i) shall consider the Legislature's determination that counties should facilitate a
1197     reasonable opportunity for a variety of housing, including moderate income housing:
1198          (A) to meet the needs of people [desiring to live there] of various income levels living,
1199     working, or desiring to live or work in the community; and
1200          (B) to allow [persons with moderate] people with various incomes to benefit from and
1201     fully participate in all aspects of neighborhood and community life; and
1202          (ii) shall include an analysis of [why the recommended means, techniques, or
1203     combination of means and techniques] how the county will provide a realistic opportunity for
1204     the development of moderate income housing within the planning horizon, which [means or
1205     techniques] may include a recommendation to implement three or more of the following
1206     strategies:
1207          (A) rezone for densities necessary to assure the production of moderate income
1208     housing;
1209          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
1210     construction of moderate income housing;
1211          (C) [encourage] facilitate the rehabilitation of existing uninhabitable housing stock into
1212     moderate income housing;
1213          (D) consider county general fund subsidies or other sources of revenue to waive
1214     construction related fees that are otherwise generally imposed by the county;
1215          (E) create or allow for, and reduce regulations related to, accessory dwelling units in
1216     residential zones;
1217          (F) allow for higher density or moderate income residential development in
1218     commercial and mixed-use zones, commercial centers, or employment centers;
1219          (G) encourage higher density or moderate income residential development near major
1220     transit investment corridors;
1221          (H) eliminate or reduce parking requirements for residential development where a
1222     resident is less likely to rely on the resident's own vehicle, such as residential development near
1223     major transit investment corridors or senior living facilities;
1224          (I) allow for single room occupancy developments;
1225          (J) implement zoning incentives for low to moderate income units in new
1226     developments;
1227          (K) utilize strategies that preserve subsidized low to moderate income units on a
1228     long-term basis;
1229          (L) preserve existing moderate income housing;
1230          (M) reduce impact fees, as defined in Section 11-36a-102, related to low and moderate
1231     income housing;
1232          (N) participate in a community land trust program for low or moderate income
1233     housing;
1234          (O) implement a mortgage assistance program for employees of the county or of an
1235     employer that provides contracted services for the county;
1236          [(E) consider utilization of] (P) apply for or partner with an entity that applies for state
1237     or federal funds or tax incentives to promote the construction of moderate income housing;
1238          [(F) consider utilization of] (Q) apply for or partner with an entity that applies for
1239     programs offered by the Utah Housing Corporation within that agency's funding capacity; [and]
1240          [(G) consider utilization of] (R) apply for or partner with an entity that applies for
1241     affordable housing programs administered by the Department of Workforce Services[.];
1242          (S) apply for or partner with an entity that applies for services provided by a public
1243     housing authority to preserve and create moderate income housing;
1244          (T) apply for or partner with an entity that applies for programs administered by a
1245     metropolitan planning organization or other transportation agency that provides technical
1246     planning assistance;
1247          (U) utilize a moderate income housing set aside from a community reinvestment
1248     agency, redevelopment agency, or community development and renewal agency; and
1249          (V) consider any other program or strategy implemented by the county to address the
1250     housing needs of residents of the county who earn less than 80% of the area median income.
1251          (c) In drafting the land use element, the planning commission shall:
1252          (i) identify and consider each agriculture protection area within the unincorporated area
1253     of the county or mountainous planning district; and
1254          (ii) avoid proposing a use of land within an agriculture protection area that is
1255     inconsistent with or detrimental to the use of the land for agriculture.
1256          (d) In drafting the transportation and traffic circulation element, the planning
1257     commission shall:
1258          (i) consider the regional transportation plan developed by its region's metropolitan
1259     planning organization, if the relevant areas of the county are within the boundaries of a
1260     metropolitan planning organization; or
1261          (ii) consider the long-range transportation plan developed by the Department of
1262     Transportation, if the relevant areas of the county are not within the boundaries of a
1263     metropolitan planning organization.
1264          (3) The proposed general plan may include:
1265          (a) an environmental element that addresses:
1266          (i) to the extent not covered by the county's resource management plan, the protection,
1267     conservation, development, and use of natural resources, including the quality of air, forests,
1268     soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources;
1269     and
1270          (ii) the reclamation of land, flood control, prevention and control of the pollution of
1271     streams and other waters, regulation of the use of land on hillsides, stream channels and other
1272     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
1273     protection of watersheds and wetlands, and the mapping of known geologic hazards;
1274          (b) a public services and facilities element showing general plans for sewage, water,
1275     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
1276     police and fire protection, and other public services;
1277          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
1278     programs for:
1279          (i) historic preservation;
1280          (ii) the diminution or elimination of blight; and
1281          (iii) redevelopment of land, including housing sites, business and industrial sites, and
1282     public building sites;
1283          (d) an economic element composed of appropriate studies and forecasts, as well as an
1284     economic development plan, which may include review of existing and projected county
1285     revenue and expenditures, revenue sources, identification of basic and secondary industry,
1286     primary and secondary market areas, employment, and retail sales activity;
1287          (e) recommendations for implementing all or any portion of the general plan, including
1288     the use of land use ordinances, capital improvement plans, community development and
1289     promotion, and any other appropriate action;
1290          (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2) or
1291     (3)(a)(i); and
1292          (g) any other element the county considers appropriate.
1293          Section 8. Section 17-27a-408 is amended to read:
1294          17-27a-408. Reporting requirements and civil action regarding moderate income
1295     housing element of general plan.
1296          (1) The legislative body of each county of the first, second, or third class, which has a
1297     population in the county's unincorporated areas of more than 5,000 residents, shall annually:
1298          (a) review the moderate income housing plan element of the county's general plan and
1299     implementation of that element of the general plan;
1300          (b) prepare a report on the findings of the review described in Subsection (1)(a); and
1301          (c) post the report described in Subsection (1)(b) on the county's website.
1302          (2) The report described in Subsection (1) shall include:
1303          (a) a revised estimate of the need for moderate income housing in the unincorporated
1304     areas of the county for the next five years;
1305          (b) a description of progress made within the unincorporated areas of the county to
1306     provide moderate income housing demonstrated by analyzing and publishing data on the
1307     number of housing units in the county that are at or below:
1308          (i) 80% of the adjusted median family income;
1309          (ii) 50% of the adjusted median family income; and
1310          (iii) 30% of the adjusted median family income;
1311          (c) a description of any efforts made by the county to utilize a moderate income
1312     housing set-aside from a community reinvestment agency, redevelopment agency, or a
1313     community development and renewal agency; and
1314          (d) a description of how the county has implemented any of the recommendations
1315     related to moderate income housing described in Subsection 17-27a-403(2)(b)(ii).
1316          (3) The legislative body of each county described in Subsection (1) shall send a copy of
1317     the report under Subsection (1) to the Department of Workforce Services, the association of
1318     governments in which the county is located, and, if the unincorporated area of the county is
1319     located within the boundaries of a metropolitan planning organization, the appropriate
1320     metropolitan planning organization.
1321          (4) In a civil action seeking enforcement or claiming a violation of this section or of
1322     Subsection 17-27a-404(6)(c), a plaintiff may not recover damages but may be awarded only
1323     injunctive or other equitable relief.
1324          Section 9. Section 35A-8-503 is amended to read:
1325          35A-8-503. Housing loan fund board -- Duties -- Expenses.
1326          (1) There is created the Olene Walker Housing Loan Fund Board.
1327          (2) The board is composed of 11 voting members.
1328          (a) The governor shall appoint the following members to four-year terms:
1329          (i) two members from local governments;
1330          (ii) two members from the mortgage lending community;
1331          (iii) one member from real estate sales interests;
1332          (iv) one member from home builders interests;
1333          (v) one member from rental housing interests;
1334          (vi) one member from housing advocacy interests;
1335          (vii) one member of the manufactured housing interest; [and]
1336          (viii) one member with expertise in transit-oriented developments; and
1337          (ix) one member who represents rural interests.
1338          [(viii) two members of the general public.]
1339          (b) The director or the director's designee serves as the secretary of the board.
1340          (c) The members of the board shall annually elect a chair from among the voting
1341     membership of the board.
1342          (3) (a) Notwithstanding the requirements of Subsection (2), the governor shall, at the
1343     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1344     board members are staggered so that approximately half of the board is appointed every two
1345     years.
1346          (b) When a vacancy occurs in the membership for any reason, the replacement is
1347     appointed for the unexpired term.
1348          (4) (a) The board shall:
1349          (i) meet regularly, at least quarterly to conduct business of the board, on dates fixed by
1350     the board;
1351          (ii) meet twice per year, with at least one of the meetings in a rural area of the state, to
1352     provide information to and receive input from the public regarding the state's housing policies
1353     and needs;
1354          [(ii)] (iii) keep minutes of its meetings; and
1355          [(iii)] (iv) comply with the procedures and requirements of Title 52, Chapter 4, Open
1356     and Public Meetings Act.
1357          (b) [Seven] Six members of the board constitute a quorum, and the governor, the chair,
1358     or a majority of the board may call a meeting of the board.
1359          (5) The board shall:
1360          (a) review the housing needs in the state;
1361          (b) determine the relevant operational aspects of any grant, loan, or revenue collection
1362     program established under the authority of this chapter;
1363          (c) determine the means to implement the policies and goals of this chapter;
1364          (d) select specific projects to receive grant or loan money; and
1365          (e) determine how fund money shall be allocated and distributed.
1366          (6) A member may not receive compensation or benefits for the member's service, but
1367     may receive per diem and travel expenses in accordance with:
1368          (a) Section 63A-3-106;
1369          (b) Section 63A-3-107; and
1370          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1371     63A-3-107.
1372          Section 10. Section 35A-8-505 is amended to read:
1373          35A-8-505. Activities authorized to receive fund money -- Powers of the executive
1374     director.
1375          At the direction of the board, the executive director may:
1376          (1) provide fund money to any of the following activities:
1377          (a) the acquisition, rehabilitation, or new construction of low-income housing units;
1378          (b) matching funds for social services projects directly related to providing housing for
1379     special-need renters in assisted projects;
1380          (c) the development and construction of accessible housing designed for low-income
1381     persons;
1382          (d) the construction or improvement of a shelter or transitional housing facility that
1383     provides services intended to prevent or minimize homelessness among members of a specific
1384     homeless subpopulation;
1385          (e) the purchase of an existing facility to provide temporary or transitional housing for
1386     the homeless in an area that does not require rezoning before providing such temporary or
1387     transitional housing; [and]
1388          (f) the purchase of land that will be used as the site of low-income housing units; and
1389          [(f)] (g) other activities that will assist in minimizing homelessness or improving the
1390     availability or quality of housing in the state for low-income persons;
1391          (2) do any act necessary or convenient to the exercise of the powers granted by this part
1392     or reasonably implied from those granted powers, including:
1393          (a) making or executing contracts and other instruments necessary or convenient for
1394     the performance of the executive director and board's duties and the exercise of the executive
1395     director and board's powers and functions under this part, including contracts or agreements for
1396     the servicing and originating of mortgage loans;
1397          (b) procuring insurance against a loss in connection with property or other assets held
1398     by the fund, including mortgage loans, in amounts and from insurers it considers desirable;
1399          (c) entering into agreements with a department, agency, or instrumentality of the
1400     United States or this state and with mortgagors and mortgage lenders for the purpose of
1401     planning and regulating and providing for the financing and refinancing, purchase,
1402     construction, reconstruction, rehabilitation, leasing, management, maintenance, operation, sale,
1403     or other disposition of residential housing undertaken with the assistance of the department
1404     under this part;
1405          (d) proceeding with a foreclosure action, to own, lease, clear, reconstruct, rehabilitate,
1406     repair, maintain, manage, operate, assign, encumber, sell, or otherwise dispose of real or
1407     personal property obtained by the fund due to the default on a mortgage loan held by the fund
1408     in preparation for disposition of the property, taking assignments of leases and rentals,
1409     proceeding with foreclosure actions, and taking other actions necessary or incidental to the
1410     performance of its duties; and
1411          (e) selling, at a public or private sale, with public bidding, a mortgage or other
1412     obligation held by the fund.
1413          Section 11. Section 35A-8-803 is amended to read:
1414          35A-8-803. Division -- Functions.
1415          (1) In addition to any other functions the governor or Legislature may assign:
1416          (a) the division shall:
1417          (i) provide a clearinghouse of information for federal, state, and local housing
1418     assistance programs;
1419          (ii) establish, in cooperation with political subdivisions, model plans and management
1420     methods to encourage or provide for the development of affordable housing that may be
1421     adopted by political subdivisions by reference;
1422          (iii) undertake, in cooperation with political subdivisions, a realistic assessment of
1423     problems relating to housing needs, such as:
1424          (A) inadequate supply of dwellings;
1425          (B) substandard dwellings; and
1426          (C) inability of medium and low income families to obtain adequate housing;
1427          (iv) provide the information obtained under Subsection (1)(a)(iii) to:
1428          (A) political subdivisions;
1429          (B) real estate developers;
1430          (C) builders;
1431          (D) lending institutions;
1432          (E) affordable housing advocates; and
1433          (F) others having use for the information;
1434          (v) advise political subdivisions of serious housing problems existing within their
1435     jurisdiction that require concerted public action for solution; [and]
1436          (vi) assist political subdivisions in defining housing objectives and in preparing for
1437     adoption a plan of action covering a five-year period designed to accomplish housing
1438     objectives within their jurisdiction; and
1439          (vii) for municipalities or counties required to submit an annual moderate income
1440     housing report to the department as described in Section 10-9a-408 or 17-27a-408:
1441          (A) assist in the creation of the reports; and
1442          (B) evaluate the reports for the purposes of Subsections 72-2-124(5) and (6); and
1443          (b) within legislative appropriations, the division may accept for and on behalf of, and
1444     bind the state to, any federal housing or homeless program in which the state is invited,
1445     permitted, or authorized to participate in the distribution, disbursement, or administration of
1446     any funds or service advanced, offered, or contributed in whole or in part by the federal
1447     government.
1448          (2) The administration of any federal housing program in which the state is invited,
1449     permitted, or authorized to participate in distribution, disbursement, or administration of funds
1450     or services, except those administered by the Utah Housing Corporation, is governed by
1451     Sections 35A-8-501 through 35A-8-508.
1452          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1453     department shall make rules describing the evaluation process for moderate income housing
1454     reports described in Subsection (1)(a)(vii).
1455          Section 12. Section 63B-18-401 is amended to read:
1456          63B-18-401. Highway bonds -- Maximum amount -- Use of proceeds for highway
1457     projects.
1458          (1) (a) The total amount of bonds issued under this section may not exceed
1459     $2,077,000,000.
1460          (b) When the Department of Transportation certifies to the commission that the
1461     requirements of Subsection 72-2-124[(5)](7) have been met and certifies the amount of bond
1462     proceeds that it needs to provide funding for the projects described in Subsection (2) for the
1463     next fiscal year, the commission may issue and sell general obligation bonds in an amount
1464     equal to the certified amount plus costs of issuance.
1465          (2) Except as provided in Subsections (3) and (4), proceeds from the issuance of bonds
1466     shall be provided to the Department of Transportation to pay all or part of the costs of the
1467     following state highway construction or reconstruction projects:
1468          (a) Interstate 15 reconstruction in Utah County;
1469          (b) the Mountain View Corridor;
1470          (c) the Southern Parkway; and
1471          (d) state and federal highways prioritized by the Transportation Commission through:
1472          (i) the prioritization process for new transportation capacity projects adopted under
1473     Section 72-1-304; or
1474          (ii) the state highway construction program.
1475          (3) (a) Except as provided in Subsection (5), the bond proceeds issued under this
1476     section shall be provided to the Department of Transportation.
1477          (b) The Department of Transportation shall use bond proceeds and the funds provided
1478     to it under Section 72-2-124 to pay for the costs of right-of-way acquisition, construction,
1479     reconstruction, renovations, or improvements to the following highways:
1480          (i) $35 million to add highway capacity on I-15 south of the Spanish Fork Main Street
1481     interchange to Payson;
1482          (ii) $28 million for improvements to Riverdale Road in Ogden;
1483          (iii) $1 million for intersection improvements on S.R. 36 at South Mountain Road;
1484          (iv) $2 million for capacity enhancements on S.R. 248 between Sidewinder Drive and
1485     Richardson Flat Road;
1486          (v) $12 million for Vineyard Connector from 800 North Geneva Road to Lake Shore
1487     Road;
1488          (vi) $7 million for 2600 South interchange modifications in Woods Cross;
1489          (vii) $9 million for reconfiguring the 1100 South interchange on I-15 in Box Elder
1490     County;
1491          (viii) $18 million for the Provo west-side connector;
1492          (ix) $8 million for interchange modifications on I-15 in the Layton area;
1493          (x) $3,000,000 for an energy corridor study and environmental review for
1494     improvements in the Uintah Basin;
1495          (xi) $2,000,000 for highway improvements to Harrison Boulevard in Ogden City;
1496          (xii) $2,500,000 to be provided to Tooele City for roads around the Utah State
1497     University campus to create improved access to an institution of higher education;
1498          (xiii) $3,000,000 to be provided to the Utah Office of Tourism within the Governor's
1499     Office of Economic Development for transportation infrastructure improvements associated
1500     with annual tourism events that have:
1501          (A) a significant economic development impact within the state; and
1502          (B) significant needs for congestion mitigation;
1503          (xiv) $4,500,000 to be provided to the Governor's Office of Economic Development
1504     for transportation infrastructure acquisitions and improvements that have a significant
1505     economic development impact within the state;
1506          (xv) $125,000,000 to pay all or part of the costs of state and federal highway
1507     construction or reconstruction projects prioritized by the Transportation Commission through
1508     the prioritization process for new transportation capacity projects adopted under Section
1509     72-1-304; and
1510          (xvi) $10,000,000 for the Transportation Fund to pay all or part of the costs of state
1511     and federal highway construction or reconstruction projects as prioritized by the Transportation
1512     Commission.
1513          (4) (a) The Department of Transportation shall use bond proceeds and the funds under
1514     Section 72-2-121 to pay for, or to provide funds to, a municipality, county, or political
1515     subdivision to pay for the costs of right-of-way acquisition, construction, reconstruction,
1516     renovations, or improvements to the following highway or transit projects in Salt Lake County:
1517          (i) $4,000,000 to Taylorsville City for bus rapid transit planning on 4700 South;
1518          (ii) $4,200,000 to Taylorsville City for highway improvements on or surrounding 6200
1519     South and pedestrian crossings and system connections;
1520          (iii) $2,250,000 to Herriman City for highway improvements to the Salt Lake
1521     Community College Road;
1522          (iv) $5,300,000 to West Jordan City for highway improvements on 5600 West from
1523     6200 South to 8600 South;
1524          (v) $4,000,000 to West Jordan City for highway improvements to 7800 South from
1525     1300 West to S.R. 111;
1526          (vi) $7,300,000 to Sandy City for highway improvements on Monroe Street;
1527          (vii) $3,000,000 to Draper City for highway improvements to 13490 South from 200
1528     West to 700 West;
1529          (viii) $5,000,000 to Draper City for highway improvements to Suncrest Road;
1530          (ix) $1,200,000 to Murray City for highway improvements to 5900 South from State
1531     Street to 900 East;
1532          (x) $1,800,000 to Murray City for highway improvements to 1300 East;
1533          (xi) $3,000,000 to South Salt Lake City for intersection improvements on West
1534     Temple, Main Street, and State Street;
1535          (xii) $2,000,000 to Salt Lake County for highway improvements to 5400 South from
1536     5600 West to Mountain View Corridor;
1537          (xiii) $3,000,000 to West Valley City for highway improvements to 6400 West from
1538     Parkway Boulevard to SR-201 Frontage Road;
1539          (xiv) $4,300,000 to West Valley City for highway improvements to 2400 South from
1540     4800 West to 7200 West and pedestrian crossings;
1541          (xv) $4,000,000 to Salt Lake City for highway improvements to 700 South from 2800
1542     West to 5600 West;
1543          (xvi) $2,750,000 to Riverton City for highway improvements to 4570 West from
1544     12600 South to Riverton Boulevard;
1545          (xvii) $1,950,000 to Cottonwood Heights for improvements to Union Park Avenue
1546     from I-215 exit south to Creek Road and Wasatch Boulevard and Big Cottonwood Canyon;
1547          (xviii) $1,300,000 to Cottonwood Heights for highway improvements to Bengal
1548     Boulevard;
1549          (xix) $1,500,000 to Midvale City for highway improvements to 7200 South from I-15
1550     to 1000 West;
1551          (xx) $1,000,000 to Bluffdale City for an environmental impact study on Porter
1552     Rockwell Boulevard;
1553          (xxi) $2,900,000 to the Utah Transit Authority for the following public transit studies:
1554          (A) a circulator study; and
1555          (B) a mountain transport study; and
1556          (xxii) $1,000,000 to South Jordan City for highway improvements to 2700 West.
1557          (b) (i) Before providing funds to a municipality or county under this Subsection (4), the
1558     Department of Transportation shall obtain from the municipality or county:
1559          (A) a written certification signed by the county or city mayor or the mayor's designee
1560     certifying that the municipality or county will use the funds provided under this Subsection (4)
1561     solely for the projects described in Subsection (4)(a); and
1562          (B) other documents necessary to protect the state and the bondholders and to ensure
1563     that all legal requirements are met.
1564          (ii) Except as provided in Subsection (4)(c), by January 1 of each year, the municipality
1565     or county receiving funds described in this Subsection (4) shall submit to the Department of
1566     Transportation a statement of cash flow for the next fiscal year detailing the funds necessary to
1567     pay project costs for the projects described in Subsection (4)(a).
1568          (iii) After receiving the statement required under Subsection (4)(b)(ii) and after July 1,
1569     the Department of Transportation shall provide funds to the municipality or county necessary to
1570     pay project costs for the next fiscal year based upon the statement of cash flow submitted by
1571     the municipality or county.
1572          (iv) Upon the financial close of each project described in Subsection (4)(a), the
1573     municipality or county receiving funds under this Subsection (4) shall submit a statement to the
1574     Department of Transportation detailing the expenditure of funds received for each project.
1575          (c) For calendar year 2012 only:
1576          (i) the municipality or county shall submit to the Department of Transportation a
1577     statement of cash flow as provided in Subsection (4)(b)(ii) as soon as possible; and
1578          (ii) the Department of Transportation shall provide funds to the municipality or county
1579     necessary to pay project costs based upon the statement of cash flow.
1580          (5) Twenty million dollars of the bond proceeds issued under this section and funds
1581     available under Section 72-2-124 shall be provided to the Transportation Infrastructure Loan
1582     Fund created by Section 72-2-202 to make funds available for transportation infrastructure
1583     loans and transportation infrastructure assistance under Title 72, Chapter 2, Part 2,
1584     Transportation Infrastructure Loan Fund.
1585          (6) The costs under Subsections (2), (3), and (4) may include the costs of studies
1586     necessary to make transportation infrastructure improvements, the cost of acquiring land,
1587     interests in land, easements and rights-of-way, improving sites, and making all improvements
1588     necessary, incidental, or convenient to the facilities, interest estimated to accrue on these bonds
1589     during the period to be covered by construction of the projects plus a period of six months after
1590     the end of the construction period, interest estimated to accrue on any bond anticipation notes
1591     issued under the authority of this title, and all related engineering, architectural, and legal fees.
1592          (7) The commission or the state treasurer may make any statement of intent relating to
1593     a reimbursement that is necessary or desirable to comply with federal tax law.
1594          (8) The Department of Transportation may enter into agreements related to the projects
1595     described in Subsections (2), (3), and (4) before the receipt of proceeds of bonds issued under
1596     this section.
1597          (9) The Department of Transportation may enter into a new or amend an existing
1598     interlocal agreement related to the projects described in Subsections (3) and (4) to establish any
1599     necessary covenants or requirements not otherwise provided for by law.
1600          Section 13. Section 63B-27-101 is amended to read:
1601          63B-27-101. Highway bonds -- Maximum amount -- Use of proceeds for highway
1602     projects.
1603          (1) (a) Subject to the restriction in Subsection (1)(c), the total amount of bonds issued
1604     under this section may not exceed $1,000,000,000 for acquisition and construction proceeds ,
1605     plus additional amounts necessary to pay costs of issuance, to pay capitalized interest, and to
1606     fund any existing debt service reserve requirements, with the total amount of the bonds not to
1607     exceed $1,010,000,000 .
1608          (b) When the Department of Transportation certifies to the commission that the
1609     requirements of Subsection 72-2-124[(5)](7) have been met and certifies the amount of bond
1610     proceeds that the commission needs to provide funding for the projects described in Subsection
1611     (2) for the current or next fiscal year, the commission may issue and sell general obligation
1612     bonds in an amount equal to the certified amount, plus additional amounts necessary to pay
1613     costs of issuance , to pay capitalized interest, and to fund any existing debt service reserve
1614     requirements, not to exceed [one percent] 1% of the certified amount .
1615          (c) The commission may not issue general obligation bonds authorized under this
1616     section if the issuance of the general obligation bonds would result in the total current
1617     outstanding general obligation debt of the state exceeding 50% of the limitation described in
1618     the Utah Constitution, Article XIV, Section 1.
1619          (2) Except as provided in Subsections (3) and (4), proceeds from the issuance of bonds
1620     shall be provided to the Department of Transportation to pay all or part of the costs of the
1621     following state highway construction or reconstruction projects:
1622          (a) state and federal highways prioritized by the Transportation Commission through
1623     the prioritization process for new transportation capacity projects adopted under Section
1624     72-1-304, giving priority consideration for projects with a regional significance or that support
1625     economic development within the state, including:
1626          (i) projects that are prioritized but exceed available cash flow beyond the normal
1627     programming horizon; or
1628          (ii) projects prioritized in the state highway construction program; and
1629          (b) $100,000,000 to be used by the Department of Transportation for transportation
1630     improvements as prioritized by the Transportation Commission for projects that:
1631          (i) have a significant economic development impact associated with recreation and
1632     tourism within the state; and
1633          (ii) address significant needs for congestion mitigation.
1634          (3) Thirty-nine million dollars of the bond proceeds issued under this section shall be
1635     provided to the Transportation Infrastructure Loan Fund created by Section 72-2-202 to make
1636     funds available for a transportation infrastructure loan or transportation infrastructure
1637     assistance under Title 72, Chapter 2, Part 2, Transportation Infrastructure Loan Fund, including
1638     the amounts as follows:
1639          (a) $14,000,000 to the military installation development authority created in Section
1640     63H-1-201; and
1641          (b) $5,000,000 for right-of-way acquisition and highway construction in Salt Lake
1642     County for roads in the northwest quadrant of Salt Lake City.
1643          (4) (a) Four million dollars of the bond proceeds issued under this section shall be used
1644     for a public transit fixed guideway rail station associated with or adjacent to an institution of
1645     higher education.
1646          (b) Ten million dollars of the bond proceeds issued under this section shall be used by
1647     the Department of Transportation for the design, engineering, construction, or reconstruction of
1648     underpasses under a state highway connecting a state park and a project area created by a
1649     military installation development authority created in Section 63H-1-201.
1650          (5) The bond proceeds issued under this section shall be provided to the Department of
1651     Transportation.
1652          (6) The costs under Subsection (2) may include the costs of studies necessary to make
1653     transportation infrastructure improvements, the costs of acquiring land, interests in land, and
1654     easements and rights-of-way, the costs of improving sites, and making all improvements
1655     necessary, incidental, or convenient to the facilities, and the costs of interest estimated to
1656     accrue on these bonds during the period to be covered by construction of the projects plus a
1657     period of six months after the end of the construction period, interest estimated to accrue on
1658     any bond anticipation notes issued under the authority of this title, and all related engineering,
1659     architectural, and legal fees.
1660          (7) The commission or the state treasurer may make any statement of intent relating to
1661     a reimbursement that is necessary or desirable to comply with federal tax law.
1662          (8) The Department of Transportation may enter into agreements related to the projects
1663     described in Subsection (2) before the receipt of proceeds of bonds issued under this section.
1664          Section 14. Section 63I-2-217 is amended to read:
1665          63I-2-217. Repeal dates -- Title 17.
1666          (1) Subsection 17-27a-102(1)(b), the language that states "or a designated mountainous
1667     planning district" is repealed June 1, 2020.
1668          (2) (a) Subsection 17-27a-103(15)(b) is repealed June 1, 2020.
1669          (b) Subsection 17-27a-103[(37)](38) is repealed June 1, 2020.
1670          (3) Subsection 17-27a-210(2)(a), the language that states "or the mountainous planning
1671     district area" is repealed June 1, 2020.
1672          (4) (a) Subsection 17-27a-301(1)(b)(iii) is repealed June 1, 2020.
1673          (b) Subsection 17-27a-301(1)(c) is repealed June 1, 2020.
1674          (c) Subsection 17-27a-301(2)(a), the language that states "described in Subsection
1675     (1)(a) or (c)" is repealed June 1, 2020.
1676          (5) Subsection 17-27a-302(1), the language that states ", or mountainous planning
1677     district" and "or the mountainous planning district," is repealed June 1, 2020.
1678          (6) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
1679     district or" and ", as applicable" is repealed June 1, 2020.
1680          (7) (a) Subsection 17-27a-401(1)(b)(ii) is repealed June 1, 2020.
1681          (b) Subsection 17-27a-401(6) is repealed June 1, 2020.
1682          (8) (a) Subsection 17-27a-403(1)(b)(ii) is repealed June 1, 2020.
1683          (b) Subsection 17-27a-403(1)(c)(iii) is repealed June 1, 2020.
1684          (c) Subsection (2)(a)(iii), the language that states "or the mountainous planning
1685     district" is repealed June 1, 2020.
1686          (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
1687     district" is repealed June 1, 2020.
1688          (9) Subsection 17-27a-502(1)(d)(i)(B) is repealed June 1, 2020.
1689          (10) Subsection 17-27a-505.5(2)(a)(iii) is repealed June 1, 2020.
1690          (11) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
1691     mountainous planning district, the mountainous planning district" is repealed June 1, 2020.
1692          (12) Subsection 17-27a-604(1)(b)(i)(B) is repealed June 1, 2020.
1693          (13) Subsection 17-27a-605(1), the language that states "or mountainous planning
1694     district land" is repealed June 1, 2020.
1695          (14) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
1696     2020.
1697          (15) On June 1, 2020, when making the changes in this section, the Office of
1698     Legislative Research and General Counsel shall:
1699          (a) in addition to its authority under Subsection 36-12-12(3), make corrections
1700     necessary to ensure that sections and subsections identified in this section are complete
1701     sentences and accurately reflect the office's understanding of the Legislature's intent; and
1702          (b) identify the text of the affected sections and subsections based upon the section and
1703     subsection numbers used in Laws of Utah 2017, Chapter 448.
1704          (16) On June 1, 2020:
1705          (a) Section 17-52a-104 is repealed;
1706          (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
1707     described in Subsection 17-52a-104(2)," is repealed;
1708          (c) Subsection 17-52a-301(3)(a)(vi) is repealed;
1709          (d) in Subsection 17-52a-501(1), the language that states "or, for a county under a
1710     pending process described in Section 17-52a-104, under Section 17-52-204 as that section was
1711     in effect on March 14, 2018," is repealed; and
1712          (e) in Subsection 17-52a-501(3)(a), the language that states "or, for a county under a
1713     pending process described in Section 17-52a-104, the attorney's report that is described in
1714     Section 17-52-204 as that section was in effect on March 14, 2018 and that contains a
1715     statement described in Subsection 17-52-204(5) as that subsection was in effect on March 14,
1716     2018," is repealed.
1717          (17) On January 1, 2028, Subsection 17-52a-102(3) is repealed.
1718          Section 15. Section 72-1-304 is amended to read:
1719          72-1-304. Written project prioritization process for new transportation capacity
1720     projects -- Rulemaking.
1721          (1) (a) The Transportation Commission, in consultation with the department and the
1722     metropolitan planning organizations as defined in Section 72-1-208.5, shall develop a written
1723     prioritization process for the prioritization of new transportation capacity projects that are or
1724     will be part of the state highway system under Chapter 4, Part 1, State Highways, or public
1725     transit projects that add capacity to the public transit systems within the state.
1726          (b) (i) A local government or district may nominate a project for prioritization in
1727     accordance with the process established by the commission in rule.
1728          (ii) If a local government or district nominates a project for prioritization by the
1729     commission, the local government or district shall provide data and evidence to show that:
1730          (A) the project will advance the purposes and goals described in Section 72-1-211;
1731          (B) for a public transit project, the local government or district has an ongoing funding
1732     source for operations and maintenance of the proposed development; and
1733          (C) the local government or district will provide 40% of the funds for the project as
1734     required by Subsection 72-2-124[(7)](9)(e).
1735          (2) The following shall be included in the written prioritization process under
1736     Subsection (1):
1737          (a) a description of how the strategic initiatives of the department adopted under
1738     Section 72-1-211 are advanced by the written prioritization process;
1739          (b) a definition of the type of projects to which the written prioritization process
1740     applies;
1741          (c) specification of a weighted criteria system that is used to rank proposed projects
1742     and how it will be used to determine which projects will be prioritized;
1743          (d) specification of the data that is necessary to apply the weighted ranking criteria; and
1744          (e) any other provisions the commission considers appropriate, which may include
1745     consideration of:
1746          (i) regional and statewide economic development impacts, including improved local
1747     access to:
1748          (A) employment;
1749          (B) educational facilities;
1750          [(B)] (C) recreation;
1751          [(C)] (D) commerce; and
1752          [(D)] (E) residential areas, including moderate income housing as demonstrated in the
1753     local government's or district's general plan pursuant to Section 10-9a-403 or 17-27a-403;
1754          (ii) the extent to which local land use plans relevant to a project support and
1755     accomplish the strategic initiatives adopted under Section 72-1-211; and
1756          (iii) any matching funds provided by a political subdivision or public transit district in
1757     addition to the 40% required by Subsection 72-2-124[(7)](9)(e).
1758          (3) In developing the written prioritization process, the commission:
1759          (a) shall seek and consider public comment by holding public meetings at locations
1760     throughout the state; and
1761          (b) may not consider local matching dollars as provided under Section 72-2-123 unless
1762     the state provides an equal opportunity to raise local matching dollars for state highway
1763     improvements within each county.
1764          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1765     Transportation Commission, in consultation with the department, shall make rules establishing
1766     the written prioritization process under Subsection (1).
1767          (5) The commission shall submit the proposed rules under this section to a committee
1768     or task force designated by the Legislative Management Committee for review prior to taking
1769     final action on the proposed rules or any proposed amendment to the rules described in
1770     Subsection (4).
1771          Section 16. Section 72-2-124 is amended to read:
1772          72-2-124. Transportation Investment Fund of 2005.
1773          (1) There is created a capital projects fund entitled the Transportation Investment Fund
1774     of 2005.
1775          (2) The fund consists of money generated from the following sources:
1776          (a) any voluntary contributions received for the maintenance, construction,
1777     reconstruction, or renovation of state and federal highways;
1778          (b) appropriations made to the fund by the Legislature;
1779          (c) registration fees designated under Section 41-1a-1201;
1780          (d) the sales and use tax revenues deposited into the fund in accordance with Section
1781     59-12-103; and
1782          (e) revenues transferred to the fund in accordance with Section 72-2-106.
1783          (3) (a) The fund shall earn interest.
1784          (b) All interest earned on fund money shall be deposited into the fund.
1785          (4) (a) Except as provided in Subsection (4)(b), the executive director may only use
1786     fund money [only] to pay:
1787          (i) the costs of maintenance, construction, reconstruction, or renovation to state and
1788     federal highways prioritized by the Transportation Commission through the prioritization
1789     process for new transportation capacity projects adopted under Section 72-1-304;
1790          (ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
1791     projects described in Subsections 63B-18-401(2), (3), and (4);
1792          (iii) principal, interest, and issuance costs of bonds authorized by Section 63B-18-401
1793     minus the costs paid from the County of the First Class Highway Projects Fund in accordance
1794     with Subsection 72-2-121(4)(f);
1795          (iv) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010 Salt
1796     Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the amount certified
1797     by Salt Lake County in accordance with Subsection 72-2-121.3(4)(c) as necessary to pay the
1798     debt service on $30,000,000 of the revenue bonds issued by Salt Lake County;
1799          (v) principal, interest, and issuance costs of bonds authorized by Section 63B-16-101
1800     for projects prioritized in accordance with Section 72-2-125;
1801          (vi) all highway general obligation bonds that are intended to be paid from revenues in
1802     the Centennial Highway Fund created by Section 72-2-118; and
1803          (vii) for fiscal year 2015-16 only, to transfer $25,000,000 to the County of the First
1804     Class Highway Projects Fund created in Section 72-2-121 to be used for the purposes described
1805     in Section 72-2-121.
1806          (b) The executive director may use fund money to exchange for an equal or greater
1807     amount of federal transportation funds to be used as provided in Subsection (4)(a).
1808          (5) (a) Except as provided in Subsection (5)(b), the executive director may not use fund
1809     money, including fund money from the Transit Transportation Investment Fund, within the
1810     boundaries of a municipality that is required to adopt a moderate income housing plan element
1811     as part of the municipality's general plan as described in Subsection 10-9a-401(3), if the
1812     municipality has failed to adopt a moderate income housing plan element as part of the
1813     municipality's general plan or has failed to implement the requirements of the moderate income
1814     housing plan as determined by the results of the Department of Workforce Service's review of
1815     the annual moderate income housing report described in Subsection 35A-8-803(1)(a)(vii).
1816          (b) Within the boundaries of a municipality that is required under Subsection
1817     10-9a-401(3) to plan for moderate income housing growth but has failed to adopt a moderate
1818     income housing plan element as part of the municipality's general plan or has failed to
1819     implement the requirements of the moderate income housing plan as determined by the results
1820     of the Department of Workforce Service's review of the annual moderate income housing
1821     report described in Subsection 35A-8-803(1)(a)(vii), the executive director:
1822          (i) may use fund money in accordance with Subsection (4)(a) for a limited-access
1823     facility;
1824          (ii) may not use fund money for the construction, reconstruction, or renovation of an
1825     interchange on a limited-access facility;
1826          (iii) may use Transit Transportation Investment Fund money for a multi-community
1827     fixed guideway public transportation project; and
1828          (iv) may not use Transit Transportation Investment Fund money for the construction,
1829     reconstruction, or renovation of a station that is part of a fixed guideway public transportation
1830     project.
1831          (6) (a) Except as provided in Subsection (6)(b), the executive director may not use fund
1832     money, including fund money from the Transit Transportation Investment Fund, within the
1833     boundaries of the unincorporated area of a county, if the county is required to adopt a moderate
1834     income housing plan element as part of the county's general plan as described in Subsection
1835     17-27a-401(3) and if the county has failed to adopt a moderate income housing plan element as
1836     part of the county's general plan or has failed to implement the requirements of the moderate
1837     income housing plan as determined by the results of the Department of Workforce Service's
1838     review of the annual moderate income housing report described in Subsection
1839     35A-8-803(1)(a)(vii).
1840          (b) Within the boundaries of the unincorporated area of a county where the county is
1841     required under Subsection 17-27a-401(3) to plan for moderate income housing growth but has
1842     failed to adopt a moderate income housing plan element as part of the county's general plan or
1843     has failed to implement the requirements of the moderate income housing plan as determined
1844     by the results of the Department of Workforce Service's review of the annual moderate income
1845     housing report described in Subsection 35A-8-803(1)(a)(vii), the executive director:
1846          (i) may use fund money in accordance with Subsection (4)(a) for a limited-access
1847     facility;
1848          (ii) may not use fund money for the construction, reconstruction, or renovation of an
1849     interchange on a limited-access facility;
1850          (iii) may use Transit Transportation Investment Fund money for a multi-community
1851     fixed guideway public transportation project; and
1852          (iv) may not use Transit Transportation Investment Fund money for the construction,
1853     reconstruction, or renovation of a station that is part of a fixed guideway public transportation
1854     project.
1855          [(5)] (7) (a) Before bonds authorized by Section 63B-18-401 or 63B-27-101 may be
1856     issued in any fiscal year, the department and the commission shall appear before the Executive
1857     Appropriations Committee of the Legislature and present the amount of bond proceeds that the
1858     department needs to provide funding for the projects identified in Subsections 63B-18-401(2),
1859     (3), and (4) or Subsection 63B-27-101(2) for the current or next fiscal year.
1860          (b) The Executive Appropriations Committee of the Legislature shall review and
1861     comment on the amount of bond proceeds needed to fund the projects.
1862          [(6)] (8) The Division of Finance shall, from money deposited into the fund, transfer
1863     the amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized
1864     by Section 63B-18-401 or 63B-27-101 in the current fiscal year to the appropriate debt service
1865     or sinking fund.
1866          [(7)] (9) (a) There is created in the Transportation Investment Fund of 2005 the Transit
1867     Transportation Investment Fund.
1868          (b) The fund shall be funded by:
1869          (i) contributions deposited into the fund in accordance with Section 59-12-103;
1870          (ii) appropriations into the account by the Legislature;
1871          (iii) private contributions; and
1872          (iv) donations or grants from public or private entities.
1873          (c) (i) The fund shall earn interest.
1874          (ii) All interest earned on fund money shall be deposited into the fund.
1875          (d) Subject to Subsection [(7)] (9)(e), the Legislature may appropriate money from the
1876     fund for public transit capital development of new capacity projects to be used as prioritized by
1877     the commission.
1878          (e) (i) The Legislature may only appropriate money from the fund for a public transit
1879     capital development project if the public transit district or political subdivision provides funds
1880     of equal to or greater than 40% of the funds needed for the project.
1881          (ii) A public transit district or political subdivision may use money derived from a loan
1882     granted pursuant to Title 72, Chapter 2, Part 2, Transportation Infrastructure Loan Fund, to
1883     provide all or part of the 40% requirement described in Subsection [(7)] (9)(e)(i) if:
1884          (A) the loan is approved by the commission as required in Title 72, Chapter 2, Part 2,
1885     Transportation Infrastructure Loan Fund; and
1886          (B) the proposed capital project has been prioritized by the commission pursuant to
1887     Section 72-1-303.