1     
COUNTY PLANNING AND SERVICES AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Mike Schultz

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions regarding county planning and services.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends a provision regarding the membership on a county mountainous planning
13     commission;
14          ▸     allows a county to fund fire, paramedic, and police services within a municipality
15     that is located within an area that the county has designated as a recreation area;
16          ▸     extends sunset dates for the mountainous planning commission; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          17-27a-301, as last amended by Laws of Utah 2017, Chapters 70 and 448
25          17-34-1, as last amended by Laws of Utah 2014, Chapter 405
26          63I-2-210, as last amended by Laws of Utah 2018, Second Special Session, Chapter 6
27          63I-2-217, as last amended by Laws of Utah 2018, Chapter 68 and further amended by

28     Revisor Instructions, Laws of Utah 2018, Chapter 456
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 17-27a-301 is amended to read:
32          17-27a-301. Ordinance establishing planning commission required -- Exception --
33     Ordinance requirements -- Planning advisory area planning commission --
34     Compensation.
35          (1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance
36     establishing a countywide planning commission for the unincorporated areas of the county not
37     within a planning advisory area.
38          (b) Subsection (1)(a) does not apply if all of the county is included within any
39     combination of:
40          (i) municipalities;
41          (ii) planning advisory areas with their own planning commissions; and
42          (iii) mountainous planning districts.
43          (c) (i) Notwithstanding Subsection (1)(a), and except as provided in Subsection
44     (1)(c)(ii), a county that designates a mountainous planning district shall enact an ordinance,
45     subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over
46     the entire mountainous planning district, including areas of the mountainous planning district
47     that are also located within a municipality or are unincorporated.
48          (ii) A planning commission described in Subsection (1)(c)(i):
49          (A) does not have jurisdiction over a municipality described in Subsection
50     10-9a-304(2)(b); and
51          (B) has jurisdiction subject to a local health department exercising its authority in
52     accordance with Title 26A, Chapter 1, Local Health Departments and a municipality exercising
53     the municipality's authority in accordance with Section 10-8-15.
54          (iii) The ordinance shall require that:
55          (A) members of the planning commission represent areas located in the unincorporated
56     and incorporated county;
57          (B) members of the planning commission be registered voters who reside either in the
58     unincorporated or incorporated county;

59          (C) at least one member of the planning commission resides within the mountainous
60     planning district and another member [either resides or owns property] is a resident of a
61     municipality located within the mountainous planning district; and
62          (D) the county designate up to four seats on the planning commission, and fill each
63     vacancy in the designated seats in accordance with the procedure described in Subsection (7).
64          (2) (a) The ordinance described in Subsection (1)(a) or (c) shall define:
65          (i) the number and terms of the members and, if the county chooses, alternate
66     members;
67          (ii) the mode of appointment;
68          (iii) the procedures for filling vacancies and removal from office;
69          (iv) the authority of the planning commission;
70          (v) subject to Subsection (2)(b), the rules of order and procedure for use by the
71     planning commission in a public meeting; and
72          (vi) other details relating to the organization and procedures of the planning
73     commission.
74          (b) Subsection (2)(a)(v) does not affect the planning commission's duty to comply with
75     Title 52, Chapter 4, Open and Public Meetings Act.
76          (3) (a) (i) If the county establishes a planning advisory area planning commission, the
77     county legislative body shall enact an ordinance that defines:
78          (A) appointment procedures;
79          (B) procedures for filling vacancies and removing members from office;
80          (C) subject to Subsection (3)(a)(ii), the rules of order and procedure for use by the
81     planning advisory area planning commission in a public meeting; and
82          (D) details relating to the organization and procedures of each planning advisory area
83     planning commission.
84          (ii) Subsection (3)(a)(i)(C) does not affect the planning advisory area planning
85     commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
86          (b) The planning commission for each planning advisory area shall consist of seven
87     members who shall be appointed by:
88          (i) in a county operating under a form of government in which the executive and
89     legislative functions of the governing body are separated, the county executive with the advice

90     and consent of the county legislative body; or
91          (ii) in a county operating under a form of government in which the executive and
92     legislative functions of the governing body are not separated, the county legislative body.
93          (c) (i) Members shall serve four-year terms and until their successors are appointed and
94     qualified.
95          (ii) Notwithstanding the provisions of Subsection (3)(c)(i), members of the first
96     planning commissions shall be appointed so that, for each commission, the terms of at least one
97     member and no more than two members expire each year.
98          (d) (i) Each member of a planning advisory area planning commission shall be a
99     registered voter residing within the planning advisory area.
100          (ii) Subsection (3)(d)(i) does not apply to a member described in Subsection (4)(a) if
101     that member was, prior to May 12, 2015, authorized to reside outside of the planning advisory
102     area.
103          (4) (a) A member of a planning commission who was elected to and served on a
104     planning commission on May 12, 2015, shall serve out the term to which the member was
105     elected.
106          (b) Upon the expiration of an elected term described in Subsection (4)(a), the vacant
107     seat shall be filled by appointment in accordance with this section.
108          (5) Upon the appointment of all members of a planning advisory area planning
109     commission, each planning advisory area planning commission under this section shall begin to
110     exercise the powers and perform the duties provided in Section 17-27a-302 with respect to all
111     matters then pending that previously had been under the jurisdiction of the countywide
112     planning commission or planning advisory area planning and zoning board.
113          (6) The legislative body may authorize a member of a planning commission to receive
114     per diem and travel expenses for meetings actually attended, in accordance with Section
115     11-55-103.
116          (7) (a) Subject to Subsection (7)(f), a county shall fill a vacancy in a planning
117     commission seat described in Subsection (1)(c)(iii)(D) in accordance with this Subsection (7).
118          (b) If a county designates one or more planning commission seats under Subsection
119     (1)(c)(iii)(D), the county shall identify at least one and up to four cities that:
120          (i) (A) are adjacent to the mountainous planning district; and

121          (B) border the entrance to a canyon that is located within the boundaries of the
122     mountainous planning district and accessed by a paved road maintained by the county or the
123     state; or
124          (ii) exercise extraterritorial jurisdiction in accordance with Section 10-8-15.
125          (c) When there is a vacancy in a planning commission seat described in Subsection
126     (1)(c)(iii)(D), the county shall send a written request to one of the cities described in
127     Subsection (7)(b), on a rotating basis, if applicable, for a list of three individuals, who satisfy
128     the requirements described in Subsection (1)(c)(iii)(B), to fill the vacancy.
129          (d) The city shall respond to a written request described in Subsection (7)(c) within 60
130     days after the day on which the city receives the written request.
131          (e) After the county receives the city's list of three individuals, the county shall submit
132     one of the individuals on the list for appointment to the vacant planning commission seat in
133     accordance with county ordinance.
134          (f) The county shall fill the vacancy in accordance with the county's standard procedure
135     if the city fails to timely respond to the written request.
136          Section 2. Section 17-34-1 is amended to read:
137          17-34-1. Counties may provide municipal services -- Limitation -- First-class
138     counties to provide certain services -- Counties allowed to provide certain services in
139     recreational areas.
140          (1) For purposes of this chapter, except as otherwise provided in Subsection (3):
141          (a) "Greater than class C radioactive waste" has the same meaning as in Section
142     19-3-303.
143          (b) "High-level nuclear waste" has the same meaning as in Section 19-3-303.
144          (c) "Municipal-type services" means:
145          (i) fire protection service;
146          (ii) waste and garbage collection and disposal;
147          (iii) planning and zoning;
148          (iv) street lighting;
149          (v) animal services;
150          (vi) storm drains;
151          (vii) traffic engineering;

152          (viii) code enforcement;
153          (ix) business licensing;
154          (x) building permits and inspections;
155          (xi) in a county of the first class:
156          (A) advanced life support and paramedic services; and
157          (B) detective investigative services; and
158          (xii) all other services and functions that are required by law to be budgeted,
159     appropriated, and accounted for from a municipal services fund or a municipal capital projects
160     fund as defined under Chapter 36, Uniform Fiscal Procedures Act for Counties.
161          (d) "Placement" has the same meaning as in Section 19-3-303.
162          (e) "Storage facility" has the same meaning as in Section 19-3-303.
163          (f) "Transfer facility" has the same meaning as in Section 19-3-303.
164          (2) A county may:
165          (a) provide municipal-type services to areas of the county outside the limits of cities
166     and towns without providing the same services to cities or towns; and
167          (b) fund those services by:
168          (i) levying a tax on taxable property in the county outside the limits of cities and towns;
169          (ii) charging a service charge or fee to persons benefitting from the municipal-type
170     services; or
171          (iii) providing funds to a municipal services district in accordance with Section
172     17B-2a-1109.
173          (3) A county may not:
174          (a) provide, contract to provide, or agree in any manner to provide municipal-type
175     services, as these services are defined in Section 19-3-303, to any area under consideration for
176     a storage facility or transfer facility for the placement of high-level nuclear waste, or greater
177     than class C radioactive waste; or
178          (b) seek to fund services for these facilities by:
179          (i) levying a tax; or
180          (ii) charging a service charge or fee to persons benefitting from the municipal-type
181     services.
182          (4) Each county of the first class shall provide to the area of the county outside the

183     limits of cities and towns:
184          (a) advanced life support and paramedic services; and
185          (b) detective investigative services.
186          (5) (a) A county may provide fire, paramedic, and police protection services in any area
187     of the county outside the limits of cities and towns that is designated as a recreational area in
188     accordance with the provisions of this Subsection (5).
189          (b) A county legislative body may designate any area of the county outside the limits of
190     cities and towns as a recreational area if:
191          (i) the area has fewer than 1,500 residents and is primarily used for recreational
192     purposes, including canyons, ski resorts, wilderness areas, lakes and reservoirs, campgrounds,
193     or picnic areas; and
194          (ii) the county legislative body makes a finding that the recreational area is used by
195     residents of the county who live both inside and outside the limits of cities and towns.
196          (c) Fire, paramedic, and police protection services needed to primarily serve those
197     involved in the recreation activities in areas designated as recreational areas by the county
198     legislative body in accordance with Subsection (5)(b) may be funded from the county general
199     fund.
200          (d) A county legislative body may determine that fire, paramedic, and police protection
201     services within a municipality that is located in an area designated as a recreational area, in
202     accordance with this Subsection (5), may be funded with county general funds if the county
203     legislative body makes a finding that a disproportionate share of public safety service needs
204     within the municipality are generated by residents of the county who live both inside and
205     outside the limits of cities and towns.
206          Section 3. Section 63I-2-210 is amended to read:
207          63I-2-210. Repeal dates -- Title 10.
208          [(1) On July 1, 2018, the following are repealed:]
209          [(a) in Subsection 10-2-403(5), the language that states "10-2a-302 or";]
210          [(b) in Subsection 10-2-403(5)(b), the language that states "10-2a-302 or";]
211          [(c) in Subsection 10-2a-106(2), the language that states "10-2a-302 or";]
212          [(d) Section 10-2a-302;]
213          [(e) Subsection 10-2a-302.5(2)(a);]

214          [(f) in Subsection 10-2a-303(1), the language that states "10-2a-302 or";]
215          [(g) in Subsection 10-2a-303(4), the language that states "10-2a-302(7)(b)(v) or" and
216     "10-2a-302(7)(b)(iv) or";]
217          [(h) in Subsection 10-2a-304(1)(a), the language that states "10-2a-302 or"; and]
218          [(i) in Subsection 10-2a-304(1)(a)(ii), the language that states "Subsection
219     10-2a-302(5) or".]
220          [(2)] (1) Subsection 10-9a-304(2), regarding municipal authority over property located
221     within a mountainous planning district, is repealed June 1, [2020] 2023.
222          [(3)] (2) When repealing Subsection 10-9a-304(2), the Office of Legislative Research
223     and General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3),
224     make necessary changes to subsection numbering and cross references.
225          Section 4. Section 63I-2-217 is amended to read:
226          63I-2-217. Repeal dates -- Title 17.
227          (1) Subsection 17-27a-102(1)(b), the language that states "or a designated mountainous
228     planning district" is repealed June 1, [2020] 2023.
229          (2) (a) Subsection 17-27a-103(15)(b), regarding a mountainous planning district, is
230     repealed June 1, [2020] 2023.
231          (b) Subsection 17-27a-103(37), regarding a mountainous planning district, is repealed
232     June 1, [2020] 2023.
233          (3) Subsection 17-27a-210(2)(a), the language that states "or the mountainous planning
234     district area" is repealed June 1, [2020] 2023.
235          (4) (a) Subsection 17-27a-301(1)(b)(iii), regarding a mountainous planning district, is
236     repealed June 1, [2020] 2023.
237          (b) Subsection 17-27a-301(1)(c), regarding a mountainous planning district, is repealed
238     June 1, [2020] 2023.
239          (c) Subsection 17-27a-301(2)(a), the language that states "described in Subsection
240     (1)(a) or (c)" is repealed June 1, [2020] 2023.
241          (5) Subsection 17-27a-302(1), the language that states ", or mountainous planning
242     district" and "or the mountainous planning district," is repealed June 1, [2020] 2023.
243          (6) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
244     district or" and ", as applicable" is repealed June 1, [2020] 2023.

245          (7) (a) Subsection 17-27a-401(1)(b)(ii), regarding a mountainous planning district, is
246     repealed June 1, [2020] 2023.
247          (b) Subsection 17-27a-401[(6)](7), regarding a mountainous planning district, is
248     repealed June 1, [2020] 2023.
249          (8) (a) Subsection 17-27a-403(1)(b)(ii), regarding a mountainous planning district, is
250     repealed June 1, [2020] 2023.
251          (b) Subsection 17-27a-403(1)(c)(iii), regarding a mountainous planning district, is
252     repealed June 1, [2020] 2023.
253          (c) Subsection (2)(a)(iii), the language that states "or the mountainous planning
254     district" is repealed June 1, [2020] 2023.
255          (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
256     district" is repealed June 1, [2020] 2023.
257          (9) Subsection 17-27a-502(1)(d)(i)(B), regarding a mountainous planning district, is
258     repealed June 1, [2020] 2023.
259          (10) Subsection 17-27a-505.5(2)(a)(iii), regarding a mountainous planning district, is
260     repealed June 1, [2020] 2023.
261          (11) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
262     mountainous planning district, the mountainous planning district" is repealed June 1, [2020]
263     2023.
264          (12) Subsection 17-27a-604(1)(b)(i)(B), regarding a mountainous planning district, is
265     repealed June 1, [2020] 2023.
266          (13) Subsection 17-27a-605(1), the language that states "or mountainous planning
267     district land" is repealed June 1, [2020] 2023.
268          (14) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
269     [2020] 2023.
270          (15) On June 1, [2020] 2023, when making the changes in this section, the Office of
271     Legislative Research and General Counsel shall:
272          (a) in addition to its authority under Subsection 36-12-12(3)[,]:
273          (i) make corrections necessary to ensure that sections and subsections identified in this
274     section are complete sentences and accurately reflect the office's understanding of the
275     Legislature's intent; and

276          (ii) make necessary changes to subsection numbering and cross references; and
277          (b) identify the text of the affected sections and subsections based upon the section and
278     subsection numbers used in Laws of Utah 2017, Chapter 448.
279          (16) Subsection 17-34-1(5)(d), regarding county funding of certain municipal services
280     in a designated recreation area, is repealed June 1, 2023.
281          [(16)] (17) On June 1, 2020:
282          (a) Section 17-52a-104 is repealed;
283          (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
284     described in Subsection 17-52a-104(2)," is repealed;
285          (c) Subsection 17-52a-301(3)(a)(vi) is repealed;
286          (d) in Subsection 17-52a-501(1), the language that states "or, for a county under a
287     pending process described in Section 17-52a-104, under Section 17-52-204 as that section was
288     in effect on March 14, 2018," is repealed; and
289          (e) in Subsection 17-52a-501(3)(a), the language that states "or, for a county under a
290     pending process described in Section 17-52a-104, the attorney's report that is described in
291     Section 17-52-204 as that section was in effect on March 14, 2018 and that contains a
292     statement described in Subsection 17-52-204(5) as that subsection was in effect on March 14,
293     2018," is repealed.
294          [(17)] (18) On January 1, 2028, Subsection 17-52a-102(3) is repealed.