1     
AFFORDABLE HOUSING AMENDMENTS

2     
2020 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 affordable housing.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the allowable uses for a community reinvestment agency's housing
13     allocation;
14          ▸     modifies the requirements for distributing money from the Olene Walker Housing
15     Loan Fund;
16          ▸     allows low-income housing tax credits to be assigned to another taxpayer; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          This bill appropriates in fiscal year 2021:
20          ▸     to the Department of Workforce Services -- Olene Walker Housing Loan Fund as a
21     one-time appropriation:
22               •     from the General Fund, $10,000,000.
23     Other Special Clauses:
24          This bill provides a special effective date.
25     Utah Code Sections Affected:
26     AMENDS:
27          17C-1-102, as last amended by Laws of Utah 2019, Chapters 376 and 480
28          17C-1-412, as last amended by Laws of Utah 2019, Chapters 296 and 376

29          35A-8-504, as last amended by Laws of Utah 2016, Chapters 131 and 350
30          35A-8-505, as last amended by Laws of Utah 2019, Chapter 327
31          59-7-607, as last amended by Laws of Utah 2017, Chapter 279
32          59-10-1010, as last amended by Laws of Utah 2017, Chapter 279
33     ENACTS:
34          59-9-108, Utah Code Annotated 1953
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 17C-1-102 is amended to read:
38          17C-1-102. Definitions.
39          As used in this title:
40          (1) "Active project area" means a project area that has not been dissolved in accordance
41     with Section 17C-1-702.
42          (2) "Adjusted tax increment" means the percentage of tax increment, if less than 100%,
43     that an agency is authorized to receive :
44          (a) for a pre-July 1, 1993, project area plan, under Section 17C-1-403, excluding tax
45     increment under Subsection 17C-1-403(3);
46          (b) for a post-June 30, 1993, project area plan, under Section 17C-1-404, excluding tax
47     increment under Section 17C-1-406;
48          (c) under a project area budget approved by a taxing entity committee; or
49          (d) under an interlocal agreement that authorizes the agency to receive a taxing entity's
50     tax increment.
51          (3) "Affordable housing" means housing owned or occupied by a low or moderate
52     income family, as determined by resolution of the agency.
53          (4) "Agency" or "community reinvestment agency" means a separate body corporate
54     and politic, created under Section 17C-1-201.5 or as a redevelopment agency or community
55     development and renewal agency under previous law:

56          (a) that is a political subdivision of the state;
57          (b) that is created to undertake or promote project area development as provided in this
58     title; and
59          (c) whose geographic boundaries are coterminous with:
60          (i) for an agency created by a county, the unincorporated area of the county; and
61          (ii) for an agency created by a municipality, the boundaries of the municipality.
62          (5) "Agency funds" means money that an agency collects or receives for agency
63     operations, implementing a project area plan, or other agency purposes, including:
64          (a) project area funds;
65          (b) income, proceeds, revenue, or property derived from or held in connection with the
66     agency's undertaking and implementation of project area development; or
67          (c) a contribution, loan, grant, or other financial assistance from any public or private
68     source.
69          (6) "Annual income" means the same as that term is defined in regulations of the
70     United States Department of Housing and Urban Development, 24 C.F.R. Sec. 5.609, as
71     amended or as superseded by replacement regulations.
72          (7) "Assessment roll" means the same as that term is defined in Section 59-2-102.
73          (8) "Base taxable value" means, unless otherwise adjusted in accordance with
74     provisions of this title, a property's taxable value as shown upon the assessment roll last
75     equalized during the base year.
76          (9) "Base year" means, except as provided in Subsection 17C-1-402(4)(c), the year
77     during which the assessment roll is last equalized:
78          (a) for a pre-July 1, 1993, urban renewal or economic development project area plan,
79     before the project area plan's effective date;
80          (b) for a post-June 30, 1993, urban renewal or economic development project area
81     plan, or a community reinvestment project area plan that is subject to a taxing entity
82     committee:

83          (i) before the date on which the taxing entity committee approves the project area
84     budget; or
85          (ii) if taxing entity committee approval is not required for the project area budget,
86     before the date on which the community legislative body adopts the project area plan;
87          (c) for a project on an inactive airport site, after the later of:
88          (i) the date on which the inactive airport site is sold for remediation and development;
89     or
90          (ii) the date on which the airport that operated on the inactive airport site ceased
91     operations; or
92          (d) for a community development project area plan or a community reinvestment
93     project area plan that is subject to an interlocal agreement, as described in the interlocal
94     agreement.
95          (10) "Basic levy" means the portion of a school district's tax levy constituting the
96     minimum basic levy under Section 59-2-902.
97          (11) "Board" means the governing body of an agency, as described in Section
98     17C-1-203.
99          (12) "Budget hearing" means the public hearing on a proposed project area budget
100     required under Subsection 17C-2-201(2)(d) for an urban renewal project area budget,
101     Subsection 17C-3-201(2)(d) for an economic development project area budget, or Subsection
102     17C-5-302(2)(e) for a community reinvestment project area budget.
103          (13) "Closed military base" means land within a former military base that the Defense
104     Base Closure and Realignment Commission has voted to close or realign when that action has
105     been sustained by the president of the United States and Congress.
106          (14) "Combined incremental value" means the combined total of all incremental values
107     from all project areas, except project areas that contain some or all of a military installation or
108     inactive industrial site, within the agency's boundaries under project area plans and project area
109     budgets at the time that a project area budget for a new project area is being considered.

110          (15) "Community" means a county or municipality.
111          (16) "Community development project area plan" means a project area plan adopted
112     under Chapter 4, Part 1, Community Development Project Area Plan.
113          (17) "Community legislative body" means the legislative body of the community that
114     created the agency.
115          (18) "Community reinvestment project area plan" means a project area plan adopted
116     under Chapter 5, Part 1, Community Reinvestment Project Area Plan.
117          (19) "Contest" means to file a written complaint in the district court of the county in
118     which the agency is located.
119          (20) "Development impediment" means a condition of an area that meets the
120     requirements described in Section 17C-2-303 for an urban renewal project area or Section
121     17C-5-405 for a community reinvestment project area.
122          (21) "Development impediment hearing" means a public hearing regarding whether a
123     development impediment exists within a proposed:
124          (a) urban renewal project area under Subsection 17C-2-102(1)(a)(i)(C) and Section
125     17C-2-302; or
126          (b) community reinvestment project area under Section 17C-5-404.
127          (22) "Development impediment study" means a study to determine whether a
128     development impediment exists within a survey area as described in Section 17C-2-301 for an
129     urban renewal project area or Section 17C-5-403 for a community reinvestment project area.
130          (23) "Economic development project area plan" means a project area plan adopted
131     under Chapter 3, Part 1, Economic Development Project Area Plan.
132          (24) "Fair share ratio" means the ratio derived by:
133          (a) for a municipality, comparing the percentage of all housing units within the
134     municipality that are publicly subsidized income targeted housing units to the percentage of all
135     housing units within the county in which the municipality is located that are publicly
136     subsidized income targeted housing units; or

137          (b) for the unincorporated part of a county, comparing the percentage of all housing
138     units within the unincorporated county that are publicly subsidized income targeted housing
139     units to the percentage of all housing units within the whole county that are publicly subsidized
140     income targeted housing units.
141          (25) "Family" means the same as that term is defined in regulations of the United
142     States Department of Housing and Urban Development, 24 C.F.R. Section 5.403, as amended
143     or as superseded by replacement regulations.
144          (26) "Greenfield" means land not developed beyond agricultural, range, or forestry use.
145          (27) "Hazardous waste" means any substance defined, regulated, or listed as a
146     hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant,
147     or toxic substance, or identified as hazardous to human health or the environment, under state
148     or federal law or regulation.
149          (28) "Housing allocation" means project area funds allocated for housing under Section
150     17C-2-203, 17C-3-202, or 17C-5-307 for the purposes described in Section 17C-1-412.
151          (29) "Housing fund" means a fund created by an agency for purposes described in
152     Section 17C-1-411 or 17C-1-412 that is comprised of:
153          (a) project area funds allocated for the purposes described in Section 17C-1-411; or
154          (b) an agency's housing allocation.
155          (30) (a) "Inactive airport site" means land that:
156          (i) consists of at least 100 acres;
157          (ii) is occupied by an airport:
158          (A) (I) that is no longer in operation as an airport; or
159          (II) (Aa) that is scheduled to be decommissioned; and
160          (Bb) for which a replacement commercial service airport is under construction; and
161          (B) that is owned or was formerly owned and operated by a public entity; and
162          (iii) requires remediation because:
163          (A) of the presence of hazardous waste or solid waste; or

164          (B) the site lacks sufficient public infrastructure and facilities, including public roads,
165     electric service, water system, and sewer system, needed to support development of the site.
166          (b) "Inactive airport site" includes a perimeter of up to 2,500 feet around the land
167     described in Subsection (30)(a).
168          (31) (a) "Inactive industrial site" means land that:
169          (i) consists of at least 1,000 acres;
170          (ii) is occupied by an inactive or abandoned factory, smelter, or other heavy industrial
171     facility; and
172          (iii) requires remediation because of the presence of hazardous waste or solid waste.
173          (b) "Inactive industrial site" includes a perimeter of up to 1,500 feet around the land
174     described in Subsection (31)(a).
175          (32) "Income targeted housing" means housing that is owned or occupied by a family
176     whose annual income is at or below 80% of the median annual income for a family within the
177     county in which the housing is located.
178          (33) "Incremental value" means a figure derived by multiplying the marginal value of
179     the property located within a project area on which tax increment is collected by a number that
180     represents the adjusted tax increment from that project area that is paid to the agency.
181          (34) "Loan fund board" means the Olene Walker Housing Loan Fund Board,
182     established under Title 35A, Chapter 8, Part 5, Olene Walker Housing Loan Fund.
183          (35) (a) " Local government building" means a building owned and operated by a
184     community for the primary purpose of providing one or more primary community functions,
185     including:
186          (i) a fire station;
187          (ii) a police station;
188          (iii) a city hall; or
189          (iv) a court or other judicial building.
190          (b) " Local government building" does not include a building the primary purpose of

191     which is cultural or recreational in nature.
192          (36) "Major transit investment corridor" means the same as that term is defined in
193     Section 10-9a-103.
194          [(36)] (37) "Marginal value" means the difference between actual taxable value and
195     base taxable value.
196          [(37)] (38) "Military installation project area" means a project area or a portion of a
197     project area located within a federal military installation ordered closed by the federal Defense
198     Base Realignment and Closure Commission.
199          [(38)] (39) "Municipality" means a city, town, or metro township as defined in Section
200     10-2a-403.
201          [(39)] (40) "Participant" means one or more persons that enter into a participation
202     agreement with an agency.
203          [(40)] (41) "Participation agreement" means a written agreement between a person and
204     an agency that:
205          (a) includes a description of:
206          (i) the project area development that the person will undertake;
207          (ii) the amount of project area funds the person may receive; and
208          (iii) the terms and conditions under which the person may receive project area funds;
209     and
210          (b) is approved by resolution of the board.
211          [(41)] (42) "Plan hearing" means the public hearing on a proposed project area plan
212     required under Subsection 17C-2-102(1)(a)(vi) for an urban renewal project area plan,
213     Subsection 17C-3-102(1)(d) for an economic development project area plan, Subsection
214     17C-4-102(1)(d) for a community development project area plan, or Subsection
215     17C-5-104(3)(e) for a community reinvestment project area plan.
216          [(42)] (43) "Post-June 30, 1993, project area plan" means a project area plan adopted
217     on or after July 1, 1993, and before May 10, 2016, whether or not amended subsequent to the

218     project area plan's adoption.
219          [(43)] (44) "Pre-July 1, 1993, project area plan" means a project area plan adopted
220     before July 1, 1993, whether or not amended subsequent to the project area plan's adoption.
221          [(44)] (45) "Private," with respect to real property, means property not owned by a
222     public entity or any other governmental entity.
223          [(45)] (46) "Project area" means the geographic area described in a project area plan
224     within which the project area development described in the project area plan takes place or is
225     proposed to take place.
226          [(46)] (47) "Project area budget" means a multiyear projection of annual or cumulative
227     revenues and expenses and other fiscal matters pertaining to a project area prepared in
228     accordance with:
229          (a) for an urban renewal project area, Section 17C-2-201;
230          (b) for an economic development project area, Section 17C-3-201;
231          (c) for a community development project area, Section 17C-4-204; or
232          (d) for a community reinvestment project area, Section 17C-5-302.
233          [(47)] (48) "Project area development" means activity within a project area that, as
234     determined by the board, encourages, promotes, or provides development or redevelopment for
235     the purpose of implementing a project area plan, including:
236          (a) promoting, creating, or retaining public or private jobs within the state or a
237     community;
238          (b) providing office, manufacturing, warehousing, distribution, parking, or other
239     facilities or improvements;
240          (c) planning, designing, demolishing, clearing, constructing, rehabilitating, or
241     remediating environmental issues;
242          (d) providing residential, commercial, industrial, public, or other structures or spaces,
243     including recreational and other facilities incidental or appurtenant to the structures or spaces;
244          (e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating

245     existing structures;
246          (f) providing open space, including streets or other public grounds or space around
247     buildings;
248          (g) providing public or private buildings, infrastructure, structures, or improvements;
249          (h) relocating a business;
250          (i) improving public or private recreation areas or other public grounds;
251          (j) eliminating a development impediment or the causes of a development impediment;
252          (k) redevelopment as defined under the law in effect before May 1, 2006; or
253          (l) any activity described in this Subsection [(47)] (48) outside of a project area that the
254     board determines to be a benefit to the project area.
255          [(48)] (49) "Project area funds" means tax increment or sales and use tax revenue that
256     an agency receives under a project area budget adopted by a taxing entity committee or an
257     interlocal agreement.
258          [(49)] (50) "Project area funds collection period" means the period of time that:
259          (a) begins the day on which the first payment of project area funds is distributed to an
260     agency under a project area budget approved by a taxing entity committee or an interlocal
261     agreement; and
262          (b) ends the day on which the last payment of project area funds is distributed to an
263     agency under a project area budget approved by a taxing entity committee or an interlocal
264     agreement.
265          [(50)] (51) "Project area plan" means an urban renewal project area plan, an economic
266     development project area plan, a community development project area plan, or a community
267     reinvestment project area plan that, after the project area plan's effective date, guides and
268     controls the project area development.
269          [(51)] (52) (a) "Property tax" means each levy on an ad valorem basis on tangible or
270     intangible personal or real property.
271          (b) "Property tax" includes a privilege tax imposed under Title 59, Chapter 4, Privilege

272     Tax.
273          [(52)] (53) "Public entity" means:
274          (a) the United States, including an agency of the United States;
275          (b) the state, including any of the state's departments or agencies; or
276          (c) a political subdivision of the state, including a county, municipality, school district,
277     local district, special service district, community reinvestment agency, or interlocal cooperation
278     entity.
279          [(53)] (54) "Publicly owned infrastructure and improvements" means water, sewer,
280     storm drainage, electrical, natural gas, telecommunication, or other similar systems and lines,
281     streets, roads, curb, gutter, sidewalk, walkways, parking facilities, public transportation
282     facilities, or other facilities, infrastructure, and improvements benefitting the public and to be
283     publicly owned or publicly maintained or operated.
284          [(54)] (55) "Record property owner" or "record owner of property" means the owner of
285     real property, as shown on the records of the county in which the property is located, to whom
286     the property's tax notice is sent.
287          [(55)] (56) "Sales and use tax revenue" means revenue that is:
288          (a) generated from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act;
289     and
290          (b) distributed to a taxing entity in accordance with Sections 59-12-204 and 59-12-205.
291          [(56)] (57) "Superfund site":
292          (a) means an area included in the National Priorities List under the Comprehensive
293     Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9605; and
294          (b) includes an area formerly included in the National Priorities List, as described in
295     Subsection [(56)] (57)(a), but removed from the list following remediation that leaves on site
296     the waste that caused the area to be included in the National Priorities List.
297          [(57)] (58) "Survey area" means a geographic area designated for study by a survey
298     area resolution to determine whether:

299          (a) one or more project areas within the survey area are feasible; or
300          (b) a development impediment exists within the survey area.
301          [(58)] (59) "Survey area resolution" means a resolution adopted by a board that
302     designates a survey area.
303          [(59)] (60) "Taxable value" means:
304          (a) the taxable value of all real property a county assessor assesses in accordance with
305     Title 59, Chapter 2, Part 3, County Assessment, for the current year;
306          (b) the taxable value of all real and personal property the commission assesses in
307     accordance with Title 59, Chapter 2, Part 2, Assessment of Property, for the current year; and
308          (c) the year end taxable value of all personal property a county assessor assesses in
309     accordance with Title 59, Chapter 2, Part 3, County Assessment, contained on the prior year's
310     tax rolls of the taxing entity.
311          [(60)] (61) (a) "Tax increment" means the difference between:
312          (i) the amount of property tax revenue generated each tax year by a taxing entity from
313     the area within a project area designated in the project area plan as the area from which tax
314     increment is to be collected, using the current assessed value of the property and each taxing
315     entity's current certified tax rate as defined in Section 59-2-924; and
316          (ii) the amount of property tax revenue that would be generated from that same area
317     using the base taxable value of the property and each taxing entity's current certified tax rate as
318     defined in Section 59-2-924.
319          (b) "Tax increment" does not include taxes levied and collected under Section
320     59-2-1602 on or after January 1, 1994, upon the taxable property in the project area unless:
321          (i) the project area plan was adopted before May 4, 1993, whether or not the project
322     area plan was subsequently amended; and
323          (ii) the taxes were pledged to support bond indebtedness or other contractual
324     obligations of the agency.
325          [(61)] (62) "Taxing entity" means a public entity that:

326          (a) levies a tax on property located within a project area; or
327          (b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act.
328          [(62)] (63) "Taxing entity committee" means a committee representing the interests of
329     taxing entities, created in accordance with Section 17C-1-402.
330          [(63)] (64) "Unincorporated" means not within a municipality.
331          [(64)] (65) "Urban renewal project area plan" means a project area plan adopted under
332     Chapter 2, Part 1, Urban Renewal Project Area Plan.
333          Section 2. Section 17C-1-412 is amended to read:
334          17C-1-412. Use of housing allocation -- Separate accounting required -- Issuance
335     of bonds for housing -- Action to compel agency to provide housing allocation.
336          (1) (a) An agency shall use the agency's housing allocation to:
337          (i) pay part or all of the cost of land or construction of income targeted housing within
338     the boundary of the agency, if practicable in a mixed income development or area;
339          (ii) pay part or all of the cost of rehabilitation of income targeted housing within the
340     boundary of the agency;
341          (iii) lend, grant, or contribute money to a person, public entity, housing authority,
342     private entity or business, or nonprofit corporation for income targeted housing within the
343     boundary of the agency;
344          (iv) plan or otherwise promote income targeted housing within the boundary of the
345     agency;
346          (v) pay part or all of the cost of land or installation, construction, or rehabilitation of
347     any building, facility, structure, or other housing improvement, including infrastructure
348     improvements, related to housing located in a project area where a board has determined that a
349     development impediment exists;
350          (vi) replace housing units lost as a result of the project area development;
351          (vii) make payments on or establish a reserve fund for bonds:
352          (A) issued by the agency, the community, or the housing authority that provides

353     income targeted housing within the community; and
354          (B) all or part of the proceeds of which are used within the community for the purposes
355     stated in Subsection (1)(a)(i), (ii), (iii), (iv), (v), or (vi);
356          (viii) if the community's fair share ratio at the time of the first adoption of the project
357     area budget is at least 1.1 to 1.0, make payments on bonds:
358          (A) that were previously issued by the agency, the community, or the housing authority
359     that provides income targeted housing within the community; and
360          (B) all or part of the proceeds of which were used within the community for the
361     purposes stated in Subsection (1)(a)(i), (ii), (iii), (iv), (v), or (vi);
362          (ix) relocate mobile home park residents displaced by project area development;
363          (x) subject to Subsection [(6)] (7), transfer funds to a community that created the
364     agency; or
365          (xi) pay for or make a contribution toward the acquisition, construction, or
366     rehabilitation of housing that:
367          (A) is located in the same county as the agency;
368          (B) is owned in whole or in [party] part by, or is dedicated to supporting, a public
369     nonprofit college or university; and
370          (C) only students of the relevant college or university, including the students'
371     immediate families, occupy.
372          (b) As an alternative to the requirements of Subsection (1)(a), an agency may pay all or
373     any portion of the agency's housing allocation to:
374          (i) the community for use as described in Subsection (1)(a);
375          (ii) a housing authority that provides income targeted housing within the community
376     for use in providing income targeted housing within the community;
377          (iii) a housing authority established by the county in which the agency is located for
378     providing:
379          (A) income targeted housing within the county;

380          (B) permanent housing, permanent supportive housing, or a transitional facility, as
381     defined in Section 35A-5-302, within the county; or
382          (C) homeless assistance within the county; [or]
383          (iv) the Olene Walker Housing Loan Fund, established under Title 35A, Chapter 8,
384     Part 5, Olene Walker Housing Loan Fund, for use in providing income targeted housing within
385     the community[.]; or
386          (v) pay for or make a contribution toward the acquisition, construction, or
387     rehabilitation of income targeted housing that is outside of the community if the housing is
388     located along or near a major transit investment corridor that services the community and the
389     related project has been approved by the community in which the housing is or will be located.
390          (2) (a) An agency may combine all or any portion of the agency's housing allocation
391     with all or any portion of one or more additional agency's housing allocations if the agencies
392     execute an interlocal agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation
393     Act.
394          (b) An agency that has entered into an interlocal agreement as described in Subsection
395     (2)(a), meets the requirements of Subsection (1)(a) or (1)(b) if the use of the housing allocation
396     meets the requirements for at least one agency that is a party to the interlocal agreement.
397          [(2)] (3) The agency shall create a housing fund and separately account for the agency's
398     housing allocation, together with all interest earned by the housing allocation and all payments
399     or repayments for loans, advances, or grants from the housing allocation.
400          [(3)] (4) An agency may:
401          (a) issue bonds to finance a housing-related project under this section, including the
402     payment of principal and interest upon advances for surveys and plans or preliminary loans;
403     and
404          (b) issue refunding bonds for the payment or retirement of bonds under Subsection
405     [(3)] (4)(a) previously issued by the agency.
406          [(4)] (5) (a) Except as provided in Subsection [(4)] (5)(b), an agency shall allocate

407     money to the housing fund each year in which the agency receives sufficient tax increment to
408     make a housing allocation required by the project area budget.
409          (b) Subsection [(4)] (5)(a) does not apply in a year in which tax increment is
410     insufficient.
411          [(5)] (6) (a) Except as provided in Subsection [(4)] (5)(b), if an agency fails to provide
412     a housing allocation in accordance with the project area budget and the housing plan adopted
413     under Subsection 17C-2-204(2), the loan fund board may bring legal action to compel the
414     agency to provide the housing allocation.
415          (b) In an action under Subsection [(5)] (6)(a), the court:
416          (i) shall award the loan fund board reasonable attorney fees, unless the court finds that
417     the action was frivolous; and
418          (ii) may not award the agency the agency's attorney fees, unless the court finds that the
419     action was frivolous.
420          [(6)] (7) For the purpose of offsetting the community's annual local contribution to the
421     Homeless Shelter Cities Mitigation Restricted Account, the total amount an agency transfers in
422     a calendar year to a community under Subsections (1)(a)(x), 17C-1-409(1)(a)(v), and
423     17C-1-411(1)(d) may not exceed the community's annual local contribution as defined in
424     Section 35A-8-606.
425          Section 3. Section 35A-8-504 is amended to read:
426          35A-8-504. Distribution of fund money.
427          (1) The executive director shall:
428          (a) make grants and loans from the fund for any of the activities authorized by Section
429     35A-8-505, as directed by the board;
430          (b) establish the criteria with the approval of the board by which loans and grants will
431     be made; and
432          (c) determine with the approval of the board the order in which projects will be funded.
433          (2) The executive director shall distribute, as directed by the board, any federal money

434     contained in the fund according to the procedures, conditions, and restrictions placed upon the
435     use of the money by the federal government.
436          (3) (a) The executive director shall distribute, as directed by the board, any funds
437     received under Section 17C-1-412 to pay the costs of providing income targeted housing within
438     the community that created the community reinvestment agency under Title 17C, Limited
439     Purpose Local Government Entities - Community Reinvestment Agency Act.
440          (b) As used in Subsection (3)(a):
441          (i) "Community" means the same as that term is defined in Section 17C-1-102.
442          (ii) "Income targeted housing" means the same as that term is defined in Section
443     17C-1-102.
444          (4) Except for federal money [and], money received under Section 17C-1-412, and
445     money appropriated for use in accordance with Section 35A-8-2105, the executive director
446     shall distribute, as directed by the board, money in the fund according to the following
447     requirements:
448          (a) the executive director shall distribute at least 30% of the money in the fund to rural
449     areas of the state;
450          (b) the executive director shall distribute at least 70% of the money in the fund to
451     benefit persons whose annual income is at or below 50% of the median family income for the
452     state;
453          (c) the executive director may not use more than 3% of the revenues of the fund to
454     offset department or board administrative expenses;
455          (d) the executive director shall distribute any remaining money in the fund to benefit
456     persons whose annual income is at or below 80% of the median family income for the state;
457     and
458          (e) if the executive director or the executive director's designee makes a loan in
459     accordance with this section, the interest rate of the loan shall be based on the borrower's
460     ability to pay.

461          (5) The executive director may, with the approval of the board:
462          (a) enact rules to establish procedures for the grant and loan process by following the
463     procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
464     and
465          (b) service or contract, under Title 63G, Chapter 6a, Utah Procurement Code, for the
466     servicing of loans made by the fund.
467          Section 4. Section 35A-8-505 is amended to read:
468          35A-8-505. Activities authorized to receive fund money -- Powers of the executive
469     director.
470          At the direction of the board, the executive director may:
471          (1) provide fund money to any of the following activities:
472          (a) the acquisition, rehabilitation, or new construction of low-income housing units;
473          (b) matching funds for social services projects directly related to providing housing for
474     special-need renters in assisted projects;
475          (c) the development and construction of accessible housing designed for low-income
476     persons;
477          (d) the construction or improvement of a shelter or transitional housing facility that
478     provides services intended to prevent or minimize homelessness among members of a specific
479     homeless subpopulation;
480          (e) the purchase of an existing facility to provide temporary or transitional housing for
481     the homeless in an area that does not require rezoning before providing such temporary or
482     transitional housing;
483          (f) the purchase of land that will be used as the site of low-income housing units; [and]
484          (g) the preservation of existing affordable housing units for low-income persons; and
485          [(g)] (h) other activities that will assist in minimizing homelessness or improving the
486     availability or quality of housing in the state for low-income persons; and
487          (2) do any act necessary or convenient to the exercise of the powers granted by this part

488     or reasonably implied from those granted powers, including:
489          (a) making or executing contracts and other instruments necessary or convenient for
490     the performance of the executive director and board's duties and the exercise of the executive
491     director and board's powers and functions under this part, including contracts or agreements for
492     the servicing and originating of mortgage loans;
493          (b) procuring insurance against a loss in connection with property or other assets held
494     by the fund, including mortgage loans, in amounts and from insurers it considers desirable;
495          (c) entering into agreements with a department, agency, or instrumentality of the
496     United States or this state and with mortgagors and mortgage lenders for the purpose of
497     planning and regulating and providing for the financing and refinancing, purchase,
498     construction, reconstruction, rehabilitation, leasing, management, maintenance, operation, sale,
499     or other disposition of residential housing undertaken with the assistance of the department
500     under this part;
501          (d) proceeding with a foreclosure action, to own, lease, clear, reconstruct, rehabilitate,
502     repair, maintain, manage, operate, assign, encumber, sell, or otherwise dispose of real or
503     personal property obtained by the fund due to the default on a mortgage loan held by the fund
504     in preparation for disposition of the property, taking assignments of leases and rentals,
505     proceeding with foreclosure actions, and taking other actions necessary or incidental to the
506     performance of its duties; and
507          (e) selling, at a public or private sale, with public bidding, a mortgage or other
508     obligation held by the fund.
509          Section 5. Section 59-7-607 is amended to read:
510          59-7-607. Utah low-income housing tax credit.
511          (1) As used in this section:
512          (a) "Allocation certificate" means a certificate in a form prescribed by the commission
513     and issued by the Utah Housing Corporation to a housing sponsor that specifies the aggregate
514     amount of the tax credit awarded under this section to a qualified development and includes:

515          (i) the aggregate annual amount of the tax credit awarded that may be claimed by one
516     or more qualified taxpayers that have been issued a special low-income housing tax credit
517     certificate; and
518          (ii) the credit period over which the tax credit may be claimed by one or more qualified
519     taxpayers that have been issued a special low-income housing tax credit certificate.
520          (b) "Building" means a qualified low-income building as defined in Section 42(c),
521     Internal Revenue Code.
522          (c) "Credit period" means the "credit period" as defined in Section 42(f)(1), Internal
523     Revenue Code.
524          (d) (i) "Designated reporter" means, as selected by a housing sponsor, the housing
525     sponsor itself or one of the housing sponsor's direct or indirect partners, members, or
526     shareholders that will provide information to the Utah Housing Corporation regarding the
527     assignment of tax credits under this section.
528          (ii) Before the Utah Housing Corporation may issue an allocation certificate to a
529     housing sponsor, a housing sponsor shall provide the identity of the housing sponsor's
530     designated reporter to the Utah Housing Corporation.
531          (iii) Before the Utah Housing Corporation may issue a special low-income housing tax
532     credit certificate to a qualified taxpayer, a designated reporter shall provide the information
533     described in Subsection (6) to the Utah Housing Corporation.
534          (e) "Federal low-income housing tax credit" means the federal tax credit described in
535     Section 42, Internal Revenue Code.
536          (f) "Housing sponsor" means an entity that owns a qualified development.
537          (g) "Qualified allocation plan" means a qualified allocation plan adopted by the Utah
538     Housing Corporation in accordance with Section 42(m), Internal Revenue Code.
539          (h) "Qualified development" means a "qualified low-income housing project":
540          (i) as defined in Section 42(g)(1), Internal Revenue Code; and
541          (ii) that is located in the state.

542          (i) (i) "Qualified taxpayer" means a person that:
543          (A) owns a direct or indirect interest in a qualified development; and
544          (B) meets the requirements to claim a tax credit under this section.
545          (ii) If a housing sponsor is a partnership, limited liability company, or S corporation, a
546     "qualified taxpayer" may include any partner, member, or shareholder of the housing sponsor
547     as determined by the governing documents of the housing sponsor.
548          (j) (i) "Special low-income housing tax credit certificate" means a certificate:
549          (A) in a form prescribed by the commission;
550          (B) that the Utah Housing Corporation issues to a qualified taxpayer for a taxable year
551     in accordance with this section; and
552          (C) that specifies the amount of the tax credit a qualified taxpayer may claim under this
553     section.
554          (ii) The Utah Housing Corporation may only issue one or more special low-income
555     housing tax credit certificates if the aggregate specified amount on all special low-income
556     housing tax credit certificates issued in relation to a qualified development does not exceed the
557     aggregate amount of tax credit awarded to the qualified development and issued to a housing
558     sponsor in an allocation certificate.
559          (2) (a) For taxable years beginning on or after January 1, 1995, a qualified taxpayer
560     who has been issued a special low-income housing tax credit certificate by the Utah Housing
561     Corporation may claim a nonrefundable tax credit against taxes otherwise due under this
562     chapter [or], Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay
563     Corporate Franchise or Income Tax Act, or Chapter 9, Taxation of Admitted Insurers.
564          (b) The tax credit shall be in an amount equal to the tax credit amount specified on the
565     special low-income housing tax credit certificate that the Utah Housing Corporation issues to a
566     qualified taxpayer under this section.
567          (c) (i) For a calendar year beginning on or before December 31, 2016, the aggregate
568     annual tax credit that the Utah Housing Corporation may allocate for the credit period

569     described in Section 42(f), Internal Revenue Code, pursuant to this section and Section
570     59-10-1010 is an amount equal to the product of:
571          (A) 12.5 cents; and
572          (B) the population of Utah.
573          (ii) For a calendar year beginning on or after January 1, 2017, the aggregate annual tax
574     credit that the Utah Housing Corporation may allocate for the credit period described in
575     Section 42(f), Internal Revenue Code, pursuant to this section and Section 59-10-1010 is an
576     amount equal to the product of:
577          (A) 34.5 cents; and
578          (B) the population of Utah.
579          (iii) For purposes of this section, the population of Utah shall be determined in
580     accordance with Section 146(j), Internal Revenue Code.
581          (3) (a) The Utah Housing Corporation shall determine criteria and procedures for
582     allocating the tax credit under this section and Section 59-10-1010 and incorporate the criteria
583     and procedures into the Utah Housing Corporation's qualified allocation plan.
584          (b) The Utah Housing Corporation shall create the criteria under Subsection (3)(a)
585     based on:
586          (i) the number of affordable housing units to be created in Utah for low and moderate
587     income persons in a qualified development;
588          (ii) the level of area median income being served by a qualified development;
589          (iii) the need for the tax credit for the economic feasibility of a qualified development;
590     and
591          (iv) the extended period for which a qualified development commits to remain as
592     affordable housing.
593          (4) Any housing sponsor may apply to the Utah Housing Corporation for a tax credit
594     allocation under this section.
595          (5) (a) The Utah Housing Corporation shall determine the amount of the tax credit to

596     allocate to a qualified development in accordance with the qualified allocation plan of the Utah
597     Housing Corporation.
598          (b) (i) The Utah Housing Corporation shall issue an allocation certificate to a housing
599     sponsor as evidence of the allocation.
600          (ii) The allocation certificate under Subsection (5)(b)(i) shall specify the amount of the
601     tax credit allocated to a qualified development as determined by the Utah Housing Corporation.
602          (c) The amount of the tax credit specified in an allocation certificate may not exceed
603     100% of the federal low-income housing tax credit awarded to a qualified development.
604          (6) Before the Utah Housing Corporation may issue a special low-income housing tax
605     credit certificate, a designated reporter shall provide to the Utah Housing Corporation in a form
606     prescribed by the Utah Housing Corporation:
607          (a) a list of each qualified taxpayer that has been assigned a portion of the tax credit
608     awarded in an allocation certificate;
609          (b) for each qualified taxpayer described in Subsection (6)(a), the amount of tax credit
610     that has been assigned; and
611          (c) an aggregate list of the tax credit amount assigned related to a qualified
612     development demonstrating that the aggregate annual amount of the tax credits assigned does
613     not exceed the aggregate annual tax credit awarded in the allocation certificate.
614          (7) The Utah Housing Corporation shall provide a special low-income housing tax
615     credit certificate to a qualified taxpayer if:
616          (a) a designated reporter has provided the information regarding the qualified taxpayer
617     as described in Subsection (6); and
618          (b) the Utah Housing Corporation has verified that the aggregate tax credit amount
619     assigned with respect to a qualified development does not exceed the total tax credit awarded
620     in the allocation certificate.
621          (8) (a) All elections made by a housing sponsor pursuant to Section 42, Internal
622     Revenue Code, shall apply to this section.

623          (b) (i) If a qualified development is required to recapture a portion of any federal
624     low-income housing tax credit, then each qualified taxpayer shall also be required to recapture
625     a portion of any state tax credits authorized by this section.
626          (ii) The state recapture amount shall be equal to the percentage of the state tax credit
627     that equals the proportion the federal recapture amount bears to the original federal low-income
628     housing tax credit amount subject to recapture.
629          (iii) The designated reporter shall identify each qualified taxpayer that is required to
630     recapture a portion of any state tax credit as described in this Subsection (8)(b).
631          (9) (a) Any tax credits returned to the Utah Housing Corporation in any year may be
632     reallocated within the same time period as provided in Section 42, Internal Revenue Code.
633          (b) Tax credits that are unallocated by the Utah Housing Corporation in any year may
634     be carried over for allocation in subsequent years.
635          (10) (a) If a tax credit is not claimed by a qualified taxpayer in the year in which it is
636     earned because the tax credit is more than the tax owed by the qualified taxpayer, the tax credit
637     may be carried back three years or may be carried forward five years as a credit against the tax.
638          (b) Carryover tax credits under Subsection (10)(a) shall be applied against the tax:
639          (i) before the application of the tax credits earned in the current year; and
640          (ii) on a first-earned first-used basis.
641          (11) (a) A qualified taxpayer may assign a special low-income housing tax credit
642     certificate received under Subsection (7) to another person if the qualified taxpayer provides
643     written notice to the Utah Housing Corporation, in a form established by the Utah Housing
644     Corporation, that includes:
645          (i) the qualified taxpayer's written certification or other proof that the qualified
646     taxpayer irrevocably elects not to claim the tax credit authorized by the special low-income
647     housing tax credit certificate; and
648          (ii) contact information for the person to whom the special low-income housing tax
649     credit certificate is to be assigned.

650          (b) If the qualified taxpayer meets the requirements of Subsection (11)(a), the Utah
651     Housing Corporation shall issue an assigned special low-income housing tax credit certificate
652     to the person identified by the qualified taxpayer for an amount equal to the qualified taxpayer's
653     special low-income housing tax credit minus any state recapture amount under Subsection
654     (8)(b).
655          (c) A person who is assigned a special low-income housing tax credit certificate in
656     accordance with this Subsection (11) may claim the tax credit as if:
657          (i) the person had met the requirements of this section to claim the tax credit, if the
658     person files a return under this chapter, Chapter 8, Gross Receipts Tax on Certain Corporations
659     Not Required to Pay Corporate Franchise or Income Tax Act, or Chapter 9, Taxation of
660     Admitted Insurers; or
661          (ii) the person had met the requirements of Section 59-10-1010 to claim the tax credit
662     under Section 59-10-1010, if the person files a return under Chapter 10, Individual Income Tax
663     Act.
664          [(11)] (12) Any tax credit taken in this section may be subject to an annual audit by the
665     commission.
666          [(12)] (13) The Utah Housing Corporation shall annually provide an electronic report
667     to the Revenue and Taxation Interim Committee which shall include at least:
668          (a) the purpose and effectiveness of the tax credits; and
669          (b) the benefits of the tax credits to the state.
670          [(13)] (14) The commission may, in consultation with the Utah Housing Corporation,
671     make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
672     implement this section.
673          Section 6. Section 59-9-108 is enacted to read:
674          59-9-108. Utah low-income housing tax credit.
675          (1) As used in this section:
676          (a) "Qualified taxpayer" means the same as that term is defined in Section 59-7-607.

677          (b) "Special low-income housing tax credit certificate" means the same as that term is
678     defined in Section 59-7-607.
679          (2) A person may claim a nonrefundable tax credit against a tax liability under this
680     section if:
681          (a) the person is a qualified taxpayer who has been issued a special low-income
682     housing tax credit certificate by the Utah Housing Corporation under Section 59-7-607, and the
683     qualified taxpayer does not claim the tax credit under Title 59, Chapter 7, Corporate Franchise
684     and Income Taxes, Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not
685     Required to Pay Corporate Franchise or Income Tax Act, or under Title 59, Chapter 10,
686     Individual Income Tax Act; or
687          (b) the person has been assigned a special low-income housing tax credit in accordance
688     with Subsection 59-7-607(11) or Subsection 59-10-1010(11), and the person does not claim the
689     tax credit under Title 59, Chapter 7, Corporate Franchise and Income Taxes, Title 59, Chapter
690     8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or
691     Income Tax Act, or under Title 59, Chapter 10, Individual Income Tax Act.
692          (3) (a) If a tax credit is not claimed by a qualified taxpayer or by a person who has been
693     assigned a special low-income housing tax credit in the year in which the credit is earned
694     because the tax credit is more than the tax liability owed, the tax credit may be carried back
695     three years or may be carried forward five years as a credit against the tax liability.
696          (b) Carryover tax credits under Subsection (3)(a) shall be applied against tax liability:
697          (i) before the application of tax credits earned in the current year; and
698          (ii) on a first-earned, first-used basis.
699          (4) The commission may, in consultation with the Utah Housing Corporation, make
700     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
701     implement this section.
702          Section 7. Section 59-10-1010 is amended to read:
703          59-10-1010. Utah low-income housing tax credit.

704          (1) As used in this section:
705          (a) "Allocation certificate" means a certificate in a form prescribed by the commission
706     and issued by the Utah Housing Corporation to a housing sponsor that specifies the aggregate
707     amount of the tax credit awarded under this section to a qualified development and includes:
708          (i) the aggregate annual amount of the tax credit awarded that may be claimed by one
709     or more qualified taxpayers that have been issued a special low-income housing tax credit
710     certificate; and
711          (ii) the credit period over which the tax credit may be claimed by one or more qualified
712     taxpayers that have been issued a special low-income housing tax credit certificate.
713          (b) "Building" means a qualified low-income building as defined in Section 42(c),
714     Internal Revenue Code.
715          (c) "Credit period" means the "credit period" as defined in Section 42(f)(1), Internal
716     Revenue Code.
717          (d) (i) "Designated reporter" means, as selected by a housing sponsor, the housing
718     sponsor itself or one of the housing sponsor's direct or indirect partners, members, or
719     shareholders that will provide information to the Utah Housing Corporation regarding the
720     assignment of tax credits under this section.
721          (ii) Before the Utah Housing Corporation may issue an allocation certificate to a
722     housing sponsor, a housing sponsor shall provide the identity of the housing sponsor's
723     designated reporter to the Utah Housing Corporation.
724          (iii) Before the Utah Housing Corporation may issue a special low-income housing tax
725     credit certificate to a qualified taxpayer, a designated reporter shall provide the information
726     described in Subsection (6) to the Utah Housing Corporation.
727          (e) "Federal low-income housing credit" means the federal low-income housing credit
728     described in Section 42, Internal Revenue Code.
729          (f) "Housing sponsor" means an entity that owns a qualified development.
730          (g) "Qualified allocation plan" means a qualified allocation plan adopted by the Utah

731     Housing Corporation in accordance with Section 42(m), Internal Revenue Code.
732          (h) "Qualified development" means a "qualified low-income housing project":
733          (i) as defined in Section 42(g)(1), Internal Revenue Code; and
734          (ii) that is located in the state.
735          (i) (i) "Qualified taxpayer" means a claimant, estate, or trust that:
736          (A) owns a direct or indirect interest in a qualified development; and
737          (B) meets the requirements to claim a tax credit under this section.
738          (ii) If a housing sponsor is a partnership, limited liability company, or S corporation, a
739     "qualified taxpayer" may include any partner, member, or shareholder of the housing sponsor
740     as determined by the governing documents of the housing sponsor.
741          (j) (i) "Special low-income housing tax credit certificate" means a certificate:
742          (A) in a form prescribed by the commission;
743          (B) that the Utah Housing Corporation issues to a qualified taxpayer for a taxable year
744     in accordance with this section; and
745          (C) that specifies the amount of the tax credit a qualified taxpayer may claim under this
746     section.
747          (ii) The Utah Housing Corporation may only issue one or more special low-income
748     housing tax credit certificates if the aggregate specified amount on all special low-income
749     housing tax credit certificates issued in relation to a qualified development does not exceed the
750     aggregate amount of tax credit awarded to a qualified development and issued to a housing
751     sponsor in an allocation certificate.
752          (2) (a) For taxable years beginning on or after January 1, 1995, a qualified taxpayer
753     who has been issued a special low-income housing tax credit certificate by the Utah Housing
754     Corporation may claim a nonrefundable tax credit against taxes otherwise due under this
755     chapter.
756          (b) The tax credit shall be in an amount equal to the tax credit amount specified on the
757     special low-income housing tax credit certificate that the Utah Housing Corporation issues to a

758     qualified taxpayer under this section.
759          (c) (i) For a calendar year beginning on or before December 31, 2016, the aggregate
760     annual tax credit that the Utah Housing Corporation may allocate for the credit period
761     described in Section 42(f), Internal Revenue Code, pursuant to this section and Section
762     59-7-607 is an amount equal to the product of:
763          (A) 12.5 cents; and
764          (B) the population of Utah.
765          (ii) For a calendar year beginning on or after January 1, 2017, the aggregate annual tax
766     credit that the Utah Housing Corporation may allocate for the credit period described in
767     Section 42(f), Internal Revenue Code, pursuant to this section and Section 59-7-607 is an
768     amount equal to the product of:
769          (A) 34.5 cents; and
770          (B) the population of Utah.
771          (iii) For purposes of this section, the population of Utah shall be determined in
772     accordance with Section 146(j), Internal Revenue Code.
773          (3) (a) The Utah Housing Corporation shall determine criteria and procedures for
774     allocating the tax credit under this section and Section 59-7-607 and incorporate the criteria
775     and procedures into the Utah Housing Corporation's qualified allocation plan.
776          (b) The Utah Housing Corporation shall create the criteria under Subsection (3)(a)
777     based on:
778          (i) the number of affordable housing units to be created in Utah for low and moderate
779     income persons in a qualified development;
780          (ii) the level of area median income being served by a qualified development;
781          (iii) the need for the tax credit for the economic feasibility of a qualified development;
782     and
783          (iv) the extended period for which a qualified development commits to remain as
784     affordable housing.

785          (4) Any housing sponsor may apply to the Utah Housing Corporation for a tax credit
786     allocation under this section.
787          (5) (a) The Utah Housing Corporation shall determine the amount of the tax credit to
788     allocate to a qualified development in accordance with the qualified allocation plan of the Utah
789     Housing Corporation.
790          (b) (i) The Utah Housing Corporation shall issue an allocation certificate to a housing
791     sponsor as evidence of the allocation.
792          (ii) The allocation certificate under Subsection (5)(b)(i) shall specify the amount of the
793     tax credit allocated to a qualified development as determined by the Utah Housing Corporation.
794          (c) The amount of the tax credit specified in an allocation certificate may not exceed
795     100% of the federal low-income housing credit awarded to a qualified development.
796          (6) Before the Utah Housing Corporation may issue a special low-income housing tax
797     credit certificate, a designated reporter shall provide to the Utah Housing Corporation in a form
798     prescribed by the Utah Housing Corporation:
799          (a) a list of each qualified taxpayer that has been assigned a portion of the tax credit
800     awarded in an allocation certificate;
801          (b) for each qualified taxpayer described in Subsection (6)(a), the amount of tax credit
802     that has been assigned; and
803          (c) an aggregate list of the tax credit amount assigned related to a qualified
804     development demonstrating that the aggregate annual amount of the tax credits assigned does
805     not exceed the aggregate annual tax credit awarded in the allocation certificate.
806          (7) The Utah Housing Corporation shall provide a special low-income housing tax
807     credit certificate to a qualified taxpayer if:
808          (a) a designated reporter has provided the information regarding the qualified taxpayer
809     as described in Subsection (6); and
810          (b) the Utah Housing Corporation has verified that the aggregate tax credit amount
811     assigned with respect to a qualified development does not exceed the total tax credit awarded

812     in the allocation certificate.
813          (8) (a) All elections made by a housing sponsor pursuant to Section 42, Internal
814     Revenue Code, shall apply to this section.
815          (b) (i) If a qualified taxpayer is required to recapture a portion of any federal
816     low-income housing credit, the qualified taxpayer shall also be required to recapture a portion
817     of any state tax credits authorized by this section.
818          (ii) The state recapture amount shall be equal to the percentage of the state tax credit
819     that equals the proportion the federal recapture amount bears to the original federal low-income
820     housing credit amount subject to recapture.
821          (iii) The designated reporter shall identify each qualified taxpayer that is required to
822     recapture a portion of any state tax credits as described in this Subsection (8)(b).
823          (9) (a) Any tax credits returned to the Utah Housing Corporation in any year may be
824     reallocated within the same time period as provided in Section 42, Internal Revenue Code.
825          (b) Tax credits that are unallocated by the Utah Housing Corporation in any year may
826     be carried over for allocation in subsequent years.
827          (10) (a) If a tax credit is not claimed by a qualified taxpayer in the year in which it is
828     earned because the tax credit is more than the tax owed by the qualified taxpayer, the tax credit
829     may be carried back three years or may be carried forward five years as a credit against the tax.
830          (b) Carryover tax credits under Subsection (10)(a) shall be applied against the tax:
831          (i) before the application of the tax credits earned in the current year; and
832          (ii) on a first-earned first-used basis.
833          (11) (a) A qualified taxpayer may assign a special low-income housing tax credit
834     certificate received under Subsection (7) to another person if the qualified taxpayer provides
835     written notice to the Utah Housing Corporation, in a form established by the Utah Housing
836     Corporation, that includes:
837          (i) the qualified taxpayer's written certification or other proof that the qualified
838     taxpayer irrevocably elects not to claim the tax credit authorized by the special low-income

839     housing tax credit certificate; and
840          (ii) contact information for the person to whom the special low-income housing tax
841     credit certificate is to be assigned.
842          (b) If the qualified taxpayer meets the requirements of Subsection (11)(a), the Utah
843     Housing Corporation shall issue an assigned special low-income housing tax credit certificate
844     to the person identified by the qualified taxpayer for an amount equal to the qualified taxpayer's
845     special low-income housing tax credit minus any state recapture amount under Subsection
846     (8)(b).
847          (c) A person who is assigned a special low-income housing tax credit certificate in
848     accordance with this Subsection (11) may claim the tax credit as if:
849          (i) the person had met the requirements of this section to claim the tax credit, if the
850     person files a return under this chapter; or
851          (ii) the person had met the requirements of Section 59-7-607 to claim the tax credit
852     under Section 59-7-607, if the person files a return under Chapter 7, Corporate Franchise and
853     Income Taxes, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay
854     Corporate Franchise or Income Tax Act, or Chapter 9, Taxation of Admitted Insurers.
855          [(11)] (12) Any tax credit taken in this section may be subject to an annual audit by the
856     commission.
857          [(12)] (13) The Utah Housing Corporation shall annually provide an electronic report
858     to the Revenue and Taxation Interim Committee which shall include at least:
859          (a) the purpose and effectiveness of the tax credits; and
860          (b) the benefits of the tax credits to the state.
861          [(13)] (14) The commission may, in consultation with the Utah Housing Corporation,
862     promulgate rules to implement this section.
863          Section 8. Appropriation.
864          The following sums of money are appropriated for the fiscal year beginning July 1,
865     2020, and ending June 30, 2021. These are additions to amounts previously appropriated for

866     fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
867     Act, the Legislature appropriates the following sums of money from the funds or accounts
868     indicated for the use and support of the government of the state of Utah.
869     ITEM 1
870          To Department of Workforce Services -- Olene Walker Housing Loan Fund
871               From General Fund, One-time
$10,000,000

872               Schedule of Programs:
873                    Olene Walker Housing Loan Fund          $10,000,000
874          The Legislature intends that:
875          (1) up to $5,000,000 of the appropriation be used for gap financing of private activity
876     bond financed multi-family housing; and
877          (2) up to $5,000,000 of the appropriation be used to match private dollars for the
878     preservation or construction of affordable housing units for low-income individuals.
879          Section 9. Effective date.
880          (1) Except as provided in Subsection (2), this bill takes effect on May 12, 2020.
881          (2) Section 59-9-108 takes effect on January 1, 2021.