Senator Derek L. Kitchen proposes the following substitute bill:


1     
HOUSING LOSS MITIGATION AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Derek L. Kitchen

5     
House Sponsor: Joel K. Briscoe

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the reporting requirements of the Department of Transportation
10     (department) and the Commission on Housing Affordability (commission).
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the department to provide an annual report to the Economic Development
15     and Workforce Services Interim Committee and to the commission regarding the
16     number of moderate income housing units lost in the previous year because of
17     departmental action;
18          ▸     requires the commission to include in the commission's annual report
19     recommendations regarding how to address the loss of moderate income housing
20     units in the state; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None

26     Utah Code Sections Affected:
27     AMENDS:
28          35A-8-2201, as enacted by Laws of Utah 2018, Chapter 392
29          35A-8-2204, as enacted by Laws of Utah 2018, Chapter 392
30     ENACTS:
31          72-1-215, Utah Code Annotated 1953
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 35A-8-2201 is amended to read:
35          35A-8-2201. Definitions.
36          As used in this part:
37          (1) "Commission" means the Commission on Housing Affordability created in Section
38     35A-8-2202.
39          (2) "Housing affordability" means the ability of a household to occupy a housing unit
40     paying no more than 30% of the household's income for gross housing costs, including utilities.
41          (3) "Moderate income housing unit" means a housing unit where a household whose
42     income is no more than 80% of the area median income is able to occupy the housing unit
43     paying no more than 30% of the household's income for gross housing costs, including utilities.
44          (4) "Replacement unit" means a moderate income housing unit that:
45          (a) is comparable in quality to a permanently vacated or destroyed moderate income
46     housing unit;
47          (b) meets state and local health and housing codes;
48          (c) is comparable to the permanently vacated or destroyed moderate income housing
49     unit in number of bedrooms and square footage; and
50          (d) is located, to the extent practicable, in the same political subdivision as the
51     permanently vacated or destroyed moderate income housing unit.
52          Section 2. Section 35A-8-2204 is amended to read:
53          35A-8-2204. Annual report.
54          (1) The commission shall annually prepare a report for inclusion in the department's
55     annual written report described in Section 35A-1-109.
56          (2) The report described in Subsection (1) shall:

57          (a) describe how the commission fulfilled its statutory duties during the year; [and]
58          (b) [contain] provide recommendations on how the state should act to address issues
59     relating to housing affordability[.];
60          (c) in consultation with affected political subdivisions, provide recommendations on
61     how the state and other stakeholders should act to address the loss of moderate income housing
62     units in the state, including the moderate income housing units permanently vacated or
63     destroyed as identified in the report from the Department of Transportation described in
64     Section 72-1-215; and
65          (d) in consultation with affected political subdivisions, provide recommendations on
66     how the state and other stakeholders can support and encourage the new construction or
67     rehabilitation of replacement units.
68          Section 3. Section 72-1-215 is enacted to read:
69          72-1-215. Affordable housing study.
70          (1) As used in this section, "moderate income housing unit" means a housing unit that
71     has an appraised value that would allow, as estimated by the department, a household whose
72     income is no more than 80% of the area median income to occupy the housing unit paying no
73     more than 30% of the household's income for gross housing costs, including utilities.
74          (2) On or before September 15, the department shall provide a written report to the
75     Economic Development and Workforce Services Interim Committee and to the Commission on
76     Housing Affordability created in Section 35A-8-2201 that describes:
77          (a) the total number of housing units that were permanently vacated or destroyed as a
78     result of department action in the previous fiscal year, including separate subtotals describing
79     the total number of housing units with one bedroom, two bedrooms, three bedrooms, and four
80     or more bedrooms, which were permanently vacated or destroyed as a result of department
81     action in the previous fiscal year; and
82          (b) the total number of moderate income housing units that were permanently vacated
83     or destroyed as a result of department action in the previous fiscal year, including separate
84     subtotals describing the total number of moderate income housing units with one bedroom, two
85     bedrooms, three bedrooms, and four or more bedrooms, which were permanently vacated or
86     destroyed as a result of department action in the previous fiscal year.