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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to economic development.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ renames the Governor's Office of Economic Development as the Governor's Office
14 of Economic Opportunity (GO Utah office);
15 ▸ extends the deadline by which the GO Utah office must create a database to track
16 certain information related to community reinvestment agencies;
17 ▸ modifies Utah Futures by renaming the program, moving the program under the
18 Utah Board of Higher Education, and modifying certain requirements;
19 ▸ establishes the Unified Economic Opportunity Commission (commission) to
20 develop, direct, and coordinate a statewide economic development strategy;
21 ▸ modifies the duties of the GO Utah office to include implementing the statewide
22 economic development strategy developed by the commission;
23 ▸ provides the commission authority to create one or more subcommittees related to
24 specified issues;
25 ▸ creates the following commission subcommittees:
26 • the Business and Economic Development Subcommittee, formerly called the
27 Board of Business and Economic Development; and
28 • the Talent, Education, and Industry Alignment Subcommittee, formerly the
29 Talent Ready Utah Board;
30 ▸ modifies provisions related to economic development tax increment financing;
31 ▸ requires the GO Utah office to submit an annual report to certain state entities that
32 gives an overview of the implementation and efficacy of the statewide economic
33 development strategy;
34 ▸ creates a talent development grant program for businesses that create new
35 incremental high paying jobs in the state;
36 ▸ directs the Utah Office of Outdoor Recreation to promote all forms of outdoor
37 recreation, including vehicular and non-vehicular;
38 ▸ creates the Utah Broadband Center and addresses its operations and duties;
39 ▸ establishes the Broadband Access Grant Program;
40 ▸ repeals the Governor's Rural Partnership Board;
41 ▸ repeals the Governor's Economic Development Coordinating Council;
42 ▸ repeals the Technology Commercialization and Innovation Act;
43 ▸ repeals the Utah Business Resource Centers Act; and
44 ▸ makes technical and conforming changes.
45 Money Appropriated in this Bill:
46 This bill appropriates in fiscal year 2022:
47 ▸ to Economic Development - Business Development - Corporate Recruitment and
48 Business Services as an ongoing appropriation:
49 • from the General Fund, $767,100;
50 ▸ to Economic Development - Business Development - Outreach and International
51 Trade as an ongoing appropriation:
52 • from the General Fund, $75,000;
53 ▸ to Economic Development - Administration - Administration as an ongoing
54 appropriation:
55 • from the General Fund, $75,000;
56 ▸ to the Legislature - Senate - Administration as an ongoing appropriation:
57 • from the General Fund, $3,200; and
58 ▸ to the Legislature - House of Representatives - Administration as an ongoing
59 appropriation:
60 • from the General Fund, $3,200.
61 Other Special Clauses:
62 This bill provides a special effective date.
63 This bill provides revisor instructions.
64 This bill provides a coordination clause.
65 Utah Code Sections Affected:
66 AMENDS:
67 9-6-903, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 12
68 9-9-104.6, as last amended by Laws of Utah 2020, Chapters 236 and 365
69 9-22-102, as renumbered and amended by Laws of Utah 2019, Chapter 487
70 11-17-18, as last amended by Laws of Utah 2005, Chapter 148
71 11-58-901, as enacted by Laws of Utah 2018, Chapter 179
72 11-59-302, as last amended by Laws of Utah 2020, Chapters 152 and 365
73 11-59-304, as last amended by Laws of Utah 2020, Chapter 152
74 11-59-501, as last amended by Laws of Utah 2020, Chapter 152
75 17-31-5.5, as last amended by Laws of Utah 2020, Chapter 315
76 17-31-9, as last amended by Laws of Utah 2015, Chapter 283
77 17-54-102, as enacted by Laws of Utah 2020, Chapter 360
78 17-54-103, as enacted by Laws of Utah 2020, Chapter 360
79 17C-1-603, as last amended by Laws of Utah 2019, Chapter 21
80 17D-1-507, as enacted by Laws of Utah 2008, Chapter 360
81 35A-1-104.5, as last amended by Laws of Utah 2020, Chapter 354
82 35A-1-109, as last amended by Laws of Utah 2018, Chapter 423
83 35A-1-201, as last amended by Laws of Utah 2020, Chapter 352
84 35A-6-105, as last amended by Laws of Utah 2020, Chapter 365
85 41-6a-1626, as last amended by Laws of Utah 2019, Chapter 461
86 49-11-406, as last amended by Laws of Utah 2020, Chapter 24
87 53B-1-114, as last amended by Laws of Utah 2020, Chapter 365
88 53B-1-301, as last amended by Laws of Utah 2020, Chapters 365 and 403
89 53B-7-702, as last amended by Laws of Utah 2020, Chapter 365
90 53B-7-704, as enacted by Laws of Utah 2017, Chapter 365
91 53B-8-304, as enacted by Laws of Utah 2019, Chapter 444
92 53B-10-201, as last amended by Laws of Utah 2020, Chapter 365
93 53B-10-203, as enacted by Laws of Utah 2018, Chapter 402
94 53B-26-102, as last amended by Laws of Utah 2019, Chapters 136 and 357
95 53B-26-103, as last amended by Laws of Utah 2020, Chapter 365
96 53B-26-303, as enacted by Laws of Utah 2020, Chapter 361
97 54-4-41, as enacted by Laws of Utah 2020, Chapter 217
98 59-1-403, as last amended by Laws of Utah 2020, Chapter 294
99 59-7-159, as last amended by Laws of Utah 2019, Chapters 247 and 465
100 59-7-614.2, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
101 59-7-614.5, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
102 59-7-614.10, as last amended by Laws of Utah 2020, Chapter 354
103 59-7-621, as enacted by Laws of Utah 2017, Chapter 274
104 59-7-624, as last amended by Laws of Utah 2020, Chapter 354
105 59-10-137, as last amended by Laws of Utah 2019, Chapters 247 and 465
106 59-10-1037, as last amended by Laws of Utah 2020, Chapter 354
107 59-10-1038, as enacted by Laws of Utah 2017, Chapter 274
108 59-10-1107, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
109 59-10-1108, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
110 59-10-1112, as last amended by Laws of Utah 2020, Chapter 354
111 63A-3-111, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 12
112 63B-18-401, as last amended by Laws of Utah 2019, Chapters 327, 479, and 497
113 63B-24-201, as last amended by Laws of Utah 2018, Chapter 406
114 63C-17-103, as enacted by Laws of Utah 2016, Chapter 156
115 63C-17-105, as enacted by Laws of Utah 2016, Chapter 156
116 63G-21-102, as last amended by Laws of Utah 2018, Chapter 281
117 63G-21-201, as last amended by Laws of Utah 2018, Chapter 261
118 63H-1-801, as last amended by Laws of Utah 2009, Chapters 92 and 388
119 63H-2-204, as last amended by Laws of Utah 2012, Chapter 37
120 63I-1-235, as last amended by Laws of Utah 2020, Chapters 154 and 417
121 63I-1-263, as last amended by Laws of Utah 2020, Chapters 82, 152, 154, 199, 230,
122 303, 322, 336, 354, 360, 375, 405 and last amended by Coordination Clause, Laws
123 of Utah 2020, Chapter 360
124 63I-2-263, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 12
125 63J-4-301, as last amended by Laws of Utah 2018, Chapters 423 and 469
126 63J-4-708, as last amended by Laws of Utah 2018, Chapter 423
127 63L-2-301, as last amended by Laws of Utah 2020, Chapter 168
128 63M-5-306, as renumbered and amended by Laws of Utah 2008, Chapter 382
129 63M-6-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
130 63M-6-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
131 63M-6-203, as renumbered and amended by Laws of Utah 2008, Chapter 382
132 63M-11-201, as last amended by Laws of Utah 2019, Chapter 246
133 63N-2-103, as last amended by Laws of Utah 2019, Chapters 399, 465, 498 and last
134 amended by Coordination Clause, Laws of Utah 2019, Chapter 465
135 63N-2-104, as last amended by Laws of Utah 2018, Chapter 281
136 63N-2-105, as last amended by Laws of Utah 2016, Chapter 350
137 63N-2-106, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
138 63N-2-107, as last amended by Laws of Utah 2016, Chapter 350
139 63N-2-203, as last amended by Laws of Utah 2020, Chapter 360
140 63N-2-213, as last amended by Laws of Utah 2020, Chapter 360
141 63N-2-303, as last amended by Laws of Utah 2017, Chapter 352
142 63N-2-503, as last amended by Laws of Utah 2019, Chapter 136
143 63N-2-504, as last amended by Laws of Utah 2019, Chapter 136
144 63N-2-510, as last amended by Laws of Utah 2015, Chapter 417 and renumbered and
145 amended by Laws of Utah 2015, Chapter 283
146 63N-2-512, as last amended by Laws of Utah 2016, Chapter 291
147 63N-2-808, as last amended by Laws of Utah 2016, Chapter 354
148 63N-2-810, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
149 63N-3-102, as last amended by Laws of Utah 2018, Chapter 428
150 63N-3-103, as last amended by Laws of Utah 2018, Chapters 204 and 428
151 63N-3-105, as last amended by Laws of Utah 2019, Chapter 325
152 63N-3-106, as last amended by Laws of Utah 2016, Chapters 34 and 183
153 63N-3-109, as last amended by Laws of Utah 2020, Chapter 265
154 63N-3-111, as last amended by Laws of Utah 2018, Chapter 182
155 63N-3-204, as last amended by Laws of Utah 2018, Chapter 453
156 63N-4-101, as renumbered and amended by Laws of Utah 2015, Chapter 283
157 63N-4-102, as renumbered and amended by Laws of Utah 2015, Chapter 283
158 63N-4-103, as renumbered and amended by Laws of Utah 2015, Chapter 283
159 63N-4-104, as last amended by Laws of Utah 2020, Chapter 360
160 63N-4-105, as renumbered and amended by Laws of Utah 2015, Chapter 283
161 63N-4-106, as renumbered and amended by Laws of Utah 2015, Chapter 283
162 63N-4-205, as renumbered and amended by Laws of Utah 2015, Chapter 283
163 63N-4-403, as enacted by Laws of Utah 2018, Chapter 340
164 63N-4-704, as enacted by Laws of Utah 2020, Chapter 360
165 63N-7-201, as renumbered and amended by Laws of Utah 2015, Chapter 283
166 63N-8-102, as renumbered and amended by Laws of Utah 2015, Chapter 283
167 63N-8-103, as last amended by Laws of Utah 2019, First Special Session, Chapter 3
168 63N-8-104, as last amended by Laws of Utah 2020, Chapter 357
169 63N-8-105, as renumbered and amended by Laws of Utah 2015, Chapter 283
170 63N-9-104, as last amended by Laws of Utah 2016, Chapter 88
171 63N-9-106, as last amended by Laws of Utah 2019, Chapter 506
172 63N-9-203, as last amended by Laws of Utah 2017, Chapter 166
173 63N-9-403, as enacted by Laws of Utah 2019, Chapter 506
174 63N-13-101, as renumbered and amended by Laws of Utah 2015, Chapter 283
175 63N-15-103, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 19
176 72-1-209, as last amended by Laws of Utah 2005, Chapter 148
177 72-4-302, as last amended by Laws of Utah 2019, Chapter 246
178 72-7-504, as last amended by Laws of Utah 2017, Chapter 260
179 79-4-1103, as last amended by Laws of Utah 2015, Chapter 283
180 ENACTS:
181 53B-30-101, Utah Code Annotated 1953
182 53B-30-102, Utah Code Annotated 1953
183 63N-1a-103, Utah Code Annotated 1953
184 63N-1a-201, Utah Code Annotated 1953
185 63N-1a-202, Utah Code Annotated 1953
186 63N-1b-101, Utah Code Annotated 1953
187 63N-1b-102, Utah Code Annotated 1953
188 63N-3-112, Utah Code Annotated 1953
189 63N-16-101, Utah Code Annotated 1953
190 63N-16-102, Utah Code Annotated 1953
191 63N-16-201, Utah Code Annotated 1953
192 63N-16-301, Utah Code Annotated 1953
193 63N-16-302, Utah Code Annotated 1953
194 RENUMBERS AND AMENDS:
195 53B-30-201, (Renumbered from 63N-12-509, as renumbered and amended by Laws of
196 Utah 2019, Chapter 246)
197 63N-1a-101, (Renumbered from 63N-1-101, as renumbered and amended by Laws of
198 Utah 2015, Chapter 283)
199 63N-1a-102, (Renumbered from 63N-1-102, as last amended by Laws of Utah 2019,
200 Chapter 465)
201 63N-1a-301, (Renumbered from 63N-1-201, as last amended by Laws of Utah 2019,
202 Chapter 246)
203 63N-1a-302, (Renumbered from 63N-1-202, as last amended by Laws of Utah 2020,
204 Chapter 352)
205 63N-1a-303, (Renumbered from 63N-1-203, as last amended by Laws of Utah 2018,
206 Chapter 423)
207 63N-1a-304, (Renumbered from 63N-1-204, as renumbered and amended by Laws of
208 Utah 2015, Chapter 283)
209 63N-1a-305, (Renumbered from 63N-1-205, as enacted by Laws of Utah 2020, Chapter
210 154)
211 63N-1a-306, (Renumbered from 63N-1-301, as last amended by Laws of Utah 2020,
212 Chapter 365)
213 63N-1b-201, (Renumbered from 63N-1-401, as last amended by Laws of Utah 2020,
214 Chapters 352 and 373)
215 63N-1b-202, (Renumbered from 63N-1-402, as renumbered and amended by Laws of
216 Utah 2015, Chapter 283)
217 63N-1b-301, (Renumbered from 63N-12-503, as last amended by Laws of Utah 2020,
218 Chapter 365)
219 63N-1b-302, (Renumbered from 63N-12-502, as enacted by Laws of Utah 2018,
220 Chapter 423)
221 63N-1b-303, (Renumbered from 63N-12-504, as last amended by Laws of Utah 2019,
222 Chapter 427)
223 63N-1b-304, (Renumbered from 63N-12-505, as last amended by Laws of Utah 2020,
224 Chapter 164 and last amended by Coordination Clause, Laws of Utah 2020, Chapter
225 365)
226 63N-1b-305, (Renumbered from 63N-12-506, as last amended by Laws of Utah 2020,
227 Sixth Special Session, Chapter 19)
228 63N-1b-306, (Renumbered from 63N-12-507, as last amended by Laws of Utah 2020,
229 Chapter 164 and last amended by Coordination Clause, Laws of Utah 2020, Chapter
230 365)
231 63N-1b-307, (Renumbered from 63N-12-508, as last amended by Laws of Utah 2020,
232 Sixth Special Session, Chapter 19)
233 63N-16-202, (Renumbered from 63N-3-501, as enacted by Laws of Utah 2018, Chapter
234 182)
235 REPEALS:
236 63C-10-101, as enacted by Laws of Utah 2004, Chapter 73
237 63C-10-102, as last amended by Laws of Utah 2014, Chapter 259
238 63C-10-103, as last amended by Laws of Utah 2020, Chapter 360
239 63N-1-501, as last amended by Laws of Utah 2020, Chapters 352, 354, and 360
240 63N-1-502, as renumbered and amended by Laws of Utah 2015, Chapter 283
241 63N-3-108, as renumbered and amended by Laws of Utah 2015, Chapter 283
242 63N-3-109.5, as enacted by Laws of Utah 2016, Chapter 34
243 63N-3-201, as renumbered and amended by Laws of Utah 2015, Chapter 283
244 63N-3-202, as renumbered and amended by Laws of Utah 2015, Chapter 283
245 63N-3-203, as renumbered and amended by Laws of Utah 2015, Chapter 283
246 63N-3-205, as renumbered and amended by Laws of Utah 2015, Chapter 283
247 63N-3-301, as renumbered and amended by Laws of Utah 2015, Chapter 283
248 63N-3-302, as renumbered and amended by Laws of Utah 2015, Chapter 283
249 63N-3-303, as renumbered and amended by Laws of Utah 2015, Chapter 283
250 63N-3-304, as last amended by Laws of Utah 2016, Chapter 253
251 63N-3-305, as last amended by Laws of Utah 2016, Chapter 253
252 63N-3-306, as last amended by Laws of Utah 2016, Chapter 253
253 63N-3-307, as last amended by Laws of Utah 2016, Chapter 253
254 63N-12-501, as last amended by Laws of Utah 2020, Chapter 164
255 Utah Code Sections Affected by Coordination Clause:
256 63N-2-104, as last amended by Laws of Utah 2018, Chapter 281
257
258 Be it enacted by the Legislature of the state of Utah:
259 Section 1. Section 9-6-903 is amended to read:
260 9-6-903. Duties of the division.
261 (1) As soon as is practicable but on or before July 31, 2020, the division shall:
262 (a) establish an application process by which a qualified organization may apply for a
263 grant under this part, which application shall include:
264 (i) a declaration, signed under penalty of perjury, that the application is complete, true,
265 and correct and any estimates about the net costs to provide the cultural, artistic, botanical,
266 recreational, or zoological activity are made in good faith;
267 (ii) an acknowledgment that the qualified organization is subject to audit; and
268 (iii) a plan for providing the activity described in Subsection 9-6-902(2)(a);
269 (b) establish a method for the office, in consultation with the Governor's Office of
270 Economic [
271 applicants are eligible to receive a grant;
272 (c) establish a formula to award grant funds; and
273 (d) report the information described in Subsections (1)(a) through (c) to the director of
274 the Division of Finance.
275 (2) The division shall:
276 (a) participate in the presentation that the director of the Division of Finance provides
277 to the legislative committee under Section 63A-3-111; and
278 (b) consider any recommendations for adjustments to the grant program from the
279 legislative committee.
280 (3) Subject to appropriation, beginning on August 5, 2020, the division shall:
281 (a) collect applications for grant funds from qualified organizations;
282 (b) determine, in consultation with the Governor's Office of Economic [
283 Opportunity for recreational applicants, which applicants meet the eligibility requirements for
284 receiving a grant; and
285 (c) award the grant funds:
286 (i) (A) after an initial application period that ends on or before August 31, 2020; and
287 (B) if funds remain after the initial application period, on a rolling basis until the
288 earlier of funds being exhausted or December 30, 2020; and
289 (ii) in accordance with the process established under Subsection (1) and the limit
290 described in Subsection 9-6-902(3).
291 (4) The division shall encourage any qualified organization that receives grant funds to
292 commit to following best practices to protect the health and safety of the qualified
293 organization's employees and customers.
294 (5) (a) The division may audit a qualified organization's reported net cost to provide a
295 cultural, artistic, botanical, recreational, or zoological activity.
296 (b) The division may recapture grant funds if, after audit, the division determines that:
297 (i) if a qualified organization made representations about the qualified organization's
298 actual net cost to provide the cultural, artistic, botanical, recreational, or zoological activity, the
299 representations are not complete, true, and correct; or
300 (ii) if a qualified organization made representations about the qualified organization's
301 estimated net cost to provide the cultural, artistic, botanical, recreational, or zoological activity,
302 the representations are not made in good faith.
303 (c) (i) A qualified organization that is subject to recapture shall pay to the Division of
304 Finance a penalty equal to the amount of the grant recaptured multiplied by the applicable
305 income tax rate in Section 59-7-104 or 59-10-104.
306 (ii) The Division of Finance shall deposit the penalty into the Education Fund.
307 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
308 division may make rules to administer the grant program.
309 Section 2. Section 9-9-104.6 is amended to read:
310 9-9-104.6. Participation of state agencies in meetings with tribal leaders --
311 Contact information.
312 (1) For at least three of the joint meetings described in Subsection 9-9-104.5(2)(a), the
313 division shall coordinate with representatives of tribal governments and the entities listed in
314 Subsection (2) to provide for the broadest participation possible in the joint meetings.
315 (2) The following may participate in all meetings described in Subsection (1):
316 (a) the chairs of the Native American Legislative Liaison Committee created in Section
317 36-22-1;
318 (b) the governor or the governor's designee;
319 (c) the American Indian-Alaska Native Health Liaison appointed in accordance with
320 Section 26-7-2.5;
321 (d) the American Indian-Alaska Native Public Education Liaison appointed in
322 accordance with Section 53F-5-604; and
323 (e) a representative appointed by the chief administrative officer of the following:
324 (i) the Department of Human Services;
325 (ii) the Department of Natural Resources;
326 (iii) the Department of Workforce Services;
327 (iv) the Governor's Office of Economic [
328 (v) the State Board of Education; and
329 (vi) the Utah Board of Higher Education.
330 (3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
331 (i) designate the name of a contact person for that agency that can assist in coordinating
332 the efforts of state and tribal governments in meeting the needs of the Native Americans
333 residing in the state; and
334 (ii) notify the division:
335 (A) who is the designated contact person described in Subsection (3)(a)(i); and
336 (B) of any change in who is the designated contact person described in Subsection
337 (3)(a)(i).
338 (b) This Subsection (3) applies to:
339 (i) the Department of Agriculture and Food;
340 (ii) the Department of Heritage and Arts;
341 (iii) the Department of Corrections;
342 (iv) the Department of Environmental Quality;
343 (v) the Department of Public Safety;
344 (vi) the Department of Transportation;
345 (vii) the Office of the Attorney General;
346 (viii) the State Tax Commission; and
347 (ix) any agency described in Subsections (2)(c) through (e).
348 (c) At the request of the division, a contact person listed in Subsection (3)(b) may
349 participate in a meeting described in Subsection (1).
350 (4) (a) A participant under this section who is not a legislator may not receive
351 compensation or benefits for the participant's service, but may receive per diem and travel
352 expenses as allowed in:
353 (i) Section 63A-3-106;
354 (ii) Section 63A-3-107; and
355 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
356 63A-3-107.
357 (b) Compensation and expenses of a participant who is a legislator are governed by
358 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
359 Section 3. Section 9-22-102 is amended to read:
360 9-22-102. Definitions.
361 As used in this chapter:
362 (1) "Computing partnerships" means a set of skills, knowledge, and aptitudes used in
363 computer science, information technology, or computer engineering courses and career options.
364 (2) "Director" means the director appointed by the STEM board to oversee the
365 administration of the STEM Action Center.
366 (3) "Educator" means the same as that term is defined in Section 53E-6-102.
367 (4) "Foundation" means a foundation established as described in Subsections
368 9-22-104(3) and (4).
369 (5) "Fund" means the STEM Action Center Foundation Fund created in Section
370 9-22-105.
371 (6) "Grant program" means the Computing Partnerships Grants program created in this
372 part.
373 (7) "High quality professional development" means professional development that
374 meets high quality standards developed by the State Board of Education.
375 (8) "Institution of higher education" means an institution listed in Section 53B-1-102.
376 (9) "K-16" means kindergarten through grade 12 and post-secondary education
377 programs.
378 (10) "Provider" means a provider selected on behalf of the STEM board by the staff of
379 the STEM board and the staff of the State Board of Education:
380 (a) through a request for proposals process; or
381 (b) through a direct award or sole source procurement process for a pilot described in
382 Section 9-22-107.
383 (11) "Review committee" means the committee established under Section 9-22-114.
384 (12) "Stacked credentials" means credentials that:
385 (a) an individual can build upon to access an advanced job or higher wage;
386 (b) are part of a career pathway system;
387 (c) provide a pathway culminating in the equivalent of an associate's or bachelor's
388 degree;
389 (d) facilitate multiple exit and entry points; and
390 (e) recognize sub-goals or momentum points.
391 (13) "STEM" means science, technology, engineering, and mathematics.
392 (14) "STEM Action Center" means the center described in Section 9-22-106.
393 (15) "STEM board" means the STEM Action Center Board created in Section
394 9-22-103.
395 (16) "Talent Ready [
396 created in Section [
397 Section 4. Section 11-17-18 is amended to read:
398 11-17-18. Powers of Governor's Office of Economic Opportunity.
399 For purposes of this chapter and for the purposes of the Utah Interlocal Cooperation
400 Act, the Governor's Office of Economic [
401 in this chapter of, and is subject to the same limitations as, a municipality as though the office
402 were defined as a municipality for purposes of this chapter, but it shall have such powers with
403 respect to economic development or new venture investment fund projects only. It is not
404 authorized to exercise such powers in any manner which will create general obligations of the
405 state or any agency, department, division, or political subdivision thereof.
406 Section 5. Section 11-58-901 is amended to read:
407 11-58-901. Dissolution of port authority -- Restrictions -- Notice of dissolution --
408 Disposition of port authority property -- Port authority records -- Dissolution expenses.
409 (1) The authority may not be dissolved unless the authority has no outstanding bonded
410 indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual
411 obligations with persons or entities other than the state.
412 (2) Upon the dissolution of the authority:
413 (a) the Governor's Office of Economic [
414 notice of dissolution:
415 (i) in a newspaper of general circulation in the county in which the dissolved authority
416 is located; and
417 (ii) as required in Section 45-1-101; and
418 (b) all title to property owned by the authority vests in the state.
419 (3) The books, documents, records, papers, and seal of each dissolved authority shall
420 be deposited for safekeeping and reference with the state auditor.
421 (4) The authority shall pay all expenses of the deactivation and dissolution.
422 Section 6. Section 11-59-302 is amended to read:
423 11-59-302. Number of board members -- Appointment -- Vacancies -- Chairs.
424 (1) The board shall consist of 11 members as provided in Subsection (2).
425 (2) (a) The president of the Senate shall appoint two members of the Senate to serve as
426 members of the board.
427 (b) The speaker of the House of Representatives shall appoint two members of the
428 House of Representatives to serve as members of the board.
429 (c) The governor shall appoint four individuals to serve as members of the board:
430 (i) one of whom shall be a member of the board of or employed by the Governor's
431 Office of Economic [
432 and
433 (ii) one of whom shall be an employee of the Division of Facilities Construction and
434 Management, created in Section 63A-5b-301.
435 (d) The Salt Lake County mayor shall appoint one board member, who shall be an
436 elected Salt Lake County government official.
437 (e) The mayor of Draper, or a member of the Draper city council that the mayor
438 designates, shall serve as a board member.
439 (f) The commissioner of higher education, appointed under Section 53B-1-408, or the
440 commissioner's designee, shall serve as a board member.
441 (3) (a) (i) Subject to Subsection (3)(a)(ii), a vacancy on the board shall be filled in the
442 same manner under this section as the appointment of the member whose vacancy is being
443 filled.
444 (ii) If the mayor of Draper or commissioner of higher education is removed as a board
445 member under Subsection (5), the mayor of Draper or commissioner of higher education, as the
446 case may be, shall designate an individual to serve as a member of the board, as provided in
447 Subsection (2)(e) or (f), respectively.
448 (b) Each person appointed or designated to fill a vacancy shall serve the remaining
449 unexpired term of the member whose vacancy the person is filling.
450 (4) A member of the board appointed by the governor, president of the Senate, or
451 speaker of the House of Representatives serves at the pleasure of and may be removed and
452 replaced at any time, with or without cause, by the governor, president of the Senate, or speaker
453 of the House of Representatives, respectively.
454 (5) A member of the board may be removed by a vote of two-thirds of all members of
455 the board.
456 (6) (a) The governor shall appoint one board member to serve as cochair of the board.
457 (b) The president of the Senate and speaker of the House of Representatives shall
458 jointly appoint one legislative member of the board to serve as cochair of the board.
459 Section 7. Section 11-59-304 is amended to read:
460 11-59-304. Staff and other support services -- Cooperation from state and local
461 government entities.
462 (1) As used in this section:
463 (a) "Division" means the Division of Facilities Construction and Management, created
464 in Section 63A-5b-301.
465 (b) "Office" means the Governor's Office of Economic [
466 created in Section [
467 (2) If and as requested by the board:
468 (a) the division shall:
469 (i) provide staff support to the board; and
470 (ii) make available to the board existing division resources and expertise to assist the
471 board in the development, marketing, and disposition of the point of the mountain state land;
472 and
473 (b) the office shall cooperate with and provide assistance to the board in the board's:
474 (i) formulation of a development plan for the point of the mountain state land; and
475 (ii) management and implementation of a development plan, including the marketing
476 of property and recruitment of businesses and others to locate on the point of the mountain
477 state land.
478 (3) A department, division, or other agency of the state and a political subdivision of
479 the state shall cooperate with the authority and the board to the fullest extent possible to
480 provide whatever support, information, or other assistance the board requests that is reasonably
481 necessary to help the authority fulfill its duties and responsibilities under this chapter.
482 Section 8. Section 11-59-501 is amended to read:
483 11-59-501. Dissolution of authority -- Restrictions -- Publishing notice of
484 dissolution -- Authority records -- Dissolution expenses.
485 (1) The authority may not be dissolved unless:
486 (a) the authority board first receives approval from the Legislative Management
487 Committee of the Legislature to dissolve the authority; and
488 (b) the authority has no outstanding bonded indebtedness, other unpaid loans,
489 indebtedness, or advances, and no legally binding contractual obligations with persons or
490 entities other than the state.
491 (2) To dissolve the authority, the board shall:
492 (a) obtain the approval of the Legislative Management Committee of the Legislature;
493 and
494 (b) adopt a resolution dissolving the authority, to become effective as provided in the
495 resolution.
496 (3) Upon the dissolution of the authority:
497 (a) the Governor's Office of Economic [
498 notice of dissolution:
499 (i) in a newspaper of general circulation in the county in which the dissolved authority
500 is located; and
501 (ii) as required in Section 45-1-101; and
502 (b) all title to property owned by the authority vests in the Division of Facilities
503 Construction and Management, created in Section 63A-5b-301, for the benefit of the state.
504 (4) The board shall deposit all books, documents, records, papers, and seal of the
505 dissolved authority with the state auditor for safekeeping and reference.
506 (5) The authority shall pay all expenses of the deactivation and dissolution.
507 Section 9. Section 17-31-5.5 is amended to read:
508 17-31-5.5. Report to county legislative body -- Content.
509 (1) The legislative body of each county that imposes a transient room tax under Section
510 59-12-301 or a tourism, recreation, cultural, convention, and airport facilities tax under Section
511 59-12-603 shall prepare annually a report in accordance with Subsection (2).
512 (2) The report described in Subsection (1) shall include a breakdown of expenditures
513 into the following categories:
514 (a) for the transient room tax, identification of expenditures for:
515 (i) establishing and promoting:
516 (A) recreation;
517 (B) tourism;
518 (C) film production; and
519 (D) conventions;
520 (ii) acquiring, leasing, constructing, furnishing, or operating:
521 (A) convention meeting rooms;
522 (B) exhibit halls;
523 (C) visitor information centers;
524 (D) museums; and
525 (E) related facilities;
526 (iii) acquiring or leasing land required for or related to the purposes listed in
527 Subsection (2)(a)(ii);
528 (iv) mitigation costs as identified in Subsection 17-31-2(2)(d); and
529 (v) making the annual payment of principal, interest, premiums, and necessary reserves
530 for any or the aggregate of bonds issued to pay for costs referred to in Subsections
531 17-31-2(2)(e) and (5)(a); and
532 (b) for the tourism, recreation, cultural, convention, and airport facilities tax,
533 identification of expenditures for:
534 (i) financing tourism promotion, which means an activity to develop, encourage,
535 solicit, or market tourism that attracts transient guests to the county, including planning,
536 product development, and advertising;
537 (ii) the development, operation, and maintenance of the following facilities as defined
538 in Section 59-12-602:
539 (A) an airport facility;
540 (B) a convention facility;
541 (C) a cultural facility;
542 (D) a recreation facility; and
543 (E) a tourist facility; and
544 (iii) a pledge as security for evidences of indebtedness under Subsection 59-12-603(3).
545 (3) For the transient room tax, the report described in Subsection (1) shall include a
546 breakdown of each expenditure described in Subsection (2)(a)(i), including:
547 (a) whether the expenditure was used for in-state and out-of-state promotion efforts;
548 (b) an explanation of how the expenditure targeted a cost created by tourism; and
549 (c) an accounting of the expenditure showing that the expenditure was used only for
550 costs directly related to a cost created by tourism.
551 (4) A county legislative body shall provide a copy of the report described in Subsection
552 (1) to:
553 (a) the Utah Office of Tourism within the Governor's Office of Economic
554 [
555 (b) its tourism tax advisory board; and
556 (c) the Office of the Legislative Fiscal Analyst.
557 Section 10. Section 17-31-9 is amended to read:
558 17-31-9. Payment to Stay Another Day and Bounce Back Fund and Hotel Impact
559 Mitigation Fund.
560 A county in which a qualified hotel, as defined in Section 63N-2-502, is located shall:
561 (1) make an annual payment to the Division of Finance:
562 (a) for deposit into the Stay Another Day and Bounce Back Fund, established in
563 Section 63N-2-511;
564 (b) for any year in which the Governor's Office of Economic [
565
566 63N-2-502; and
567 (c) in the amount of 5% of the state portion, as defined in Section 63N-2-502; and
568 (2) make payments to the Division of Finance:
569 (a) for deposit into the Hotel Impact Mitigation Fund, created in Section 63N-2-512;
570 (b) for each year described in Subsection 63N-2-512(5)(a)(ii) during which the balance
571 of the Hotel Impact Mitigation Fund, defined in Section 63N-2-512, is less than $2,100,000
572 before any payment for that year under Subsection 63N-2-512(5)(a); and
573 (c) in the amount of the difference between $2,100,000 and the balance of the Hotel
574 Impact Mitigation Fund, defined in Section 63N-2-512, before any payment for that year under
575 Subsection 63N-2-512(5)(a).
576 Section 11. Section 17-54-102 is amended to read:
577 17-54-102. Definitions.
578 (1) "CED board" means a County Economic Development Advisory Board as
579 described in Section 17-54-104.
580 (2) "Center for Rural Development" means the Center for Rural Development created
581 in Section 63N-4-102.
582 (3) "GO Utah board" means the Business and Economic Development Subcommittee
583 created in Section 63N-1b-202.
584 [
585 created in Section 17-54-103.
586 [
587 17-54-103.
588 [
589
590 [
591 [
592
593 Section 12. Section 17-54-103 is amended to read:
594 17-54-103. Rural County Grant Program.
595 (1) There is created the Rural County Grant Program.
596 (2) The grant program shall be overseen by the [
597 administered by the [
598 (3) (a) In overseeing the grant program, the [
599 recommend the awarding of grants to rural counties to address the economic development
600 needs of rural counties, in accordance with the provisions of this chapter, which needs may
601 include:
602 (i) business recruitment, development, and expansion;
603 (ii) workforce training and development; and
604 (iii) infrastructure, industrial building development, and capital facilities improvements
605 for business development.
606 (b) After reviewing the recommendations of the [
607 executive director of the Governor's Office of Economic [
608 award grants to rural counties in accordance with the provisions of this chapter.
609 (4) Subject to appropriations from the Legislature and subject to the reporting and
610 other requirements of this chapter, grant money shall be distributed:
611 (a) equally between all rural counties that have created a CED board, in an amount up
612 to and including $200,000 annually per county; and
613 (b) for grant money that is available after $200,000 has been provided annually to each
614 eligible rural county, through the process described in Subsection (6).
615 (5) Beginning in 2021, a rural county may not receive an additional grant under this
616 chapter unless the rural county:
617 (a) demonstrates a funding match, which may include a funding match provided by any
618 combination of a community reinvestment agency, redevelopment agency, community
619 development and renewal agency, private-sector entity, nonprofit entity, federal matching
620 grant, county or municipality general fund match, or in-kind match, and that totals:
621 (i) a 10% match for a county of the sixth class;
622 (ii) a 20% match for a county of the fifth class;
623 (iii) a 30% match for a county of the fourth class; and
624 (iv) a 40% match for a county of the third class; and
625 (b) has complied with the reporting requirements required by the [
626 GO Utah board and the reporting requirements described in Subsection (9) for all previous
627 years that the county has received a grant.
628 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
629 [
630 board shall make rules establishing the eligibility and reporting criteria for a rural county to
631 receive grant money under Subsection (4)(b), including:
632 (a) the form and process for a county to submit an application to the [
633 GO Utah board for a grant;
634 (b) the method of scoring and prioritizing grant program applications from rural
635 counties;
636 (c) the reporting, auditing, and post-performance requirements for a rural county that
637 receives grant money; and
638 (d) any deadlines that shall be met by a rural county when applying for a grant.
639 (7) In determining the award of grant money under Subsection (4)(b), the [
640
641 to a rural county.
642 (8) In determining the recommended award of grant money under Subsection (4)(b),
643 the [
644 combination of the following:
645 (a) that the county has or is actively pursuing the creation of an effective strategic
646 economic development plan;
647 (b) consistency with local economic development priorities;
648 (c) economic need;
649 (d) utilization of local financial or in-kind resources in combination with a grant;
650 (e) evidence that jobs will be created; and
651 (f) evidence that there will be a positive return on investment.
652 (9) On or before September 1 of each year, a county that has received a grant under this
653 chapter in the previous 12 months shall provide a written report to the [
654 Utah board that describes:
655 (a) the amount of grant money the county has received;
656 (b) how grant money has been distributed by the county, including what companies or
657 entities have utilized grant money, how much grant money each company or entity has
658 received, and how each company or entity has used the money;
659 (c) an evaluation of the effectiveness of awarded grants in improving economic
660 development in the county, including the number of jobs created, infrastructure that has been
661 created, and capital improvements in the county;
662 (d) how much matching money has been utilized by the county and what entities have
663 provided the matching money; and
664 (e) any other reporting, auditing, or post-performance requirements established by the
665 [
666 board under Subsection (6).
667 (10) The [
668 information and provide a written report to the Governor's Office of Economic [
669 Opportunity for inclusion in the Governor's Office of Economic [
670 annual written report described in Section [
671 Section 13. Section 17C-1-603 is amended to read:
672 17C-1-603. Reporting requirements -- Governor's Office of Economic
673 Opportunity to maintain a database.
674 (1) On or before [
675 [
676 (a) create a database to track information for each agency located within the state; and
677 (b) make the database publicly accessible from the office's website.
678 (2) (a) The Governor's Office of Economic [
679 (i) contract with a third party to create and maintain the database described in
680 Subsection (1); and
681 (ii) charge a fee for a county, city, or agency to provide information to the database
682 described in Subsection (1).
683 (b) The Governor's Office of Economic [
684 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a
685 fee schedule for the fee described in Subsection (2)(a)(ii).
686 (3) Beginning in [
687 year, an agency shall, for each active project area for which the project area funds collection
688 period has not expired, provide to the database described in Subsection (1) the following
689 information:
690 (a) an assessment of the change in marginal value, including:
691 (i) the base year;
692 (ii) the base taxable value;
693 (iii) the prior year's assessed value;
694 (iv) the estimated current assessed value;
695 (v) the percentage change in marginal value; and
696 (vi) a narrative description of the relative growth in assessed value;
697 (b) the amount of project area funds the agency received for each year of the project
698 area funds collection period, including:
699 (i) a comparison of the actual project area funds received for each year to the amount of
700 project area funds forecasted for each year when the project area was created, if available;
701 (ii) (A) the agency's historical receipts of project area funds, including the tax year for
702 which the agency first received project area funds from the project area; or
703 (B) if the agency has not yet received project area funds from the project area, the year
704 in which the agency expects each project area funds collection period to begin;
705 (iii) a list of each taxing entity that levies or imposes a tax within the project area and a
706 description of the benefits that each taxing entity receives from the project area; and
707 (iv) the amount paid to other taxing entities under Section 17C-1-410, if applicable;
708 (c) a description of current and anticipated project area development, including:
709 (i) a narrative of any significant project area development, including infrastructure
710 development, site development, participation agreements, or vertical construction; and
711 (ii) other details of development within the project area, including:
712 (A) the total developed acreage;
713 (B) the total undeveloped acreage;
714 (C) the percentage of residential development; and
715 (D) the total number of housing units authorized, if applicable;
716 (d) the project area budget , if applicable, or other project area funds analyses,
717 including:
718 (i) each project area funds collection period, including:
719 (A) the start and end date of the project area funds collection period; and
720 (B) the number of years remaining in each project area funds collection period;
721 (ii) the amount of project area funds the agency is authorized to receive from the
722 project area cumulatively and from each taxing entity, including:
723 (A) the total dollar amount; and
724 (B) the percentage of the total amount of project area funds generated within the
725 project area;
726 (iii) the remaining amount of project area funds the agency is authorized to receive
727 from the project area cumulatively and from each taxing entity; and
728 (iv) the amount of project area funds the agency is authorized to use to pay for the
729 agency's administrative costs, as described in Subsection 17C-1-409(1), including:
730 (A) the total dollar amount; and
731 (B) the percentage of the total amount of all project area funds;
732 (e) the estimated amount of project area funds that the agency is authorized to receive
733 from the project area for the current calendar year;
734 (f) the estimated amount of project area funds to be paid to the agency for the next
735 calendar year;
736 (g) a map of the project area; and
737 (h) any other relevant information the agency elects to provide.
738 (4) (a) Until the Governor's Office of Economic [
739 database as required in Subsection (1), an agency shall, on or before November 1 of each
740 calendar year, electronically submit a report to:
741 (i) the community in which the agency operates;
742 (ii) the county auditor;
743 (iii) the State Tax Commission;
744 (iv) the State Board of Education; and
745 (v) each taxing entity from which the agency receives project area funds.
746 (b) An agency shall ensure that the report described in Subsection (4)(a):
747 (i) contains the same information described in Subsection (3); and
748 (ii) is posted on the website of the community in which the agency operates.
749 (5) Any information an agency submits in accordance with this section:
750 (a) is for informational purposes only; and
751 (b) does not alter the amount of project area funds that an agency is authorized to
752 receive from a project area.
753 (6) The provisions of this section apply regardless of when the agency or project area is
754 created.
755 Section 14. Section 17D-1-507 is amended to read:
756 17D-1-507. Guaranteed bonds.
757 (1) Before a special service district may issue guaranteed bonds:
758 (a) the special service district shall:
759 (i) obtain a report:
760 (A) prepared by:
761 (I) a qualified, registered architect or engineer; or
762 (II) a person qualified by experience appropriate to the project proposed to be funded
763 by the proceeds from the guaranteed bonds;
764 (B) setting forth:
765 (I) a description of the project proposed to be funded by the proceeds from the
766 guaranteed bonds;
767 (II) the estimated or, if available, the actual cost of the project;
768 (III) the principal amount and date and amount of each stated maturity of:
769 (Aa) the guaranteed bonds to be issued; and
770 (Bb) any outstanding guaranteed bonds of the special service district;
771 (IV) the interest rate or rates of any outstanding guaranteed bonds of the special service
772 district;
773 (V) the amount of the annual debt service for each year during the life of all
774 outstanding guaranteed bonds issued by the special service district;
775 (VI) the estimated amount of the annual debt service for each year during the life of all
776 guaranteed bonds that the special service district intends to issue to finance all or any part of
777 the project; and
778 (VII) the date or estimated date that the project will be complete; and
779 (ii) submit to the Governor's Office of Economic [
780 (A) the report described in Subsection (1)(a)(i);
781 (B) a copy of each proposed guarantee of the guaranteed bonds, certified by the special
782 service district;
783 (C) a legal opinion indicating that each guarantee, when executed, will be the legal and
784 binding obligation of the taxpayer executing the guarantee in accordance with the terms of the
785 guarantee; and
786 (D) evidence satisfactory to the Governor's Office of Economic [
787 Opportunity from each taxpayer executing a guarantee of the guaranteed bonds as to the
788 financial ability of the taxpayer to perform under the guarantee;
789 (b) the Governor's Office of Economic [
790 the issuance of the guaranteed bonds, deliver to the special service district governing body a
791 written statement of its approval; and
792 (c) the special service district governing body shall file the written approval statement
793 under Subsection (1)(b) with the recorder of the county in which the special service district is
794 located.
795 (2) The issuance of guaranteed bonds is conditioned upon the approval of special
796 service district voters at an election held for that purpose as provided in Title 11, Chapter 14,
797 Local Government Bonding Act.
798 (3) Guaranteed bonds that have been issued and remain outstanding shall be included
799 in the determination of the debt limit under Subsection 17D-1-502(4) if the bonds by their
800 terms no longer enjoy the benefit of the guarantee.
801 (4) On July 1 of each year, the governing body shall file with the department of
802 community affairs a report certifying:
803 (a) the total amount of bonds issued by the special service district and other debt then
804 outstanding and subject to the debt limit of Subsection 17D-1-502(4);
805 (b) the total amount of guaranteed bonds then outstanding and not subject to the debt
806 limit of Subsection 17D-1-502(4); and
807 (c) the total amount of guaranteed bonds that, during the preceding 12 months,
808 discontinued to enjoy the benefit of the guarantee.
809 Section 15. Section 35A-1-104.5 is amended to read:
810 35A-1-104.5. Other department duties -- Strategic plan for health system reform
811 -- Reporting suspected misuse of a Social Security number.
812 (1) The department shall work with the Department of Health, the Insurance
813 Department, the Governor's Office of Economic [
814 Legislature to develop the health system reform.
815 (2) In the process of determining an individual's eligibility for a public benefit or
816 service under this title or under federal law, if the department determines that a valid social
817 security number is being used by an unauthorized individual, the department shall:
818 (a) inform the individual who the department determines to be the likely actual owner
819 of the social security number or, if the likely actual owner is a minor, the minor's parent or
820 guardian, of the suspected misuse; and
821 (b) subject to federal law, provide information of the suspected misuse to an
822 appropriate law enforcement agency responsible for investigating identity fraud.
823 (3) If the department learns or determines that providing information under Subsection
824 (2)(b) is prohibited by federal law, the department shall notify the Legislative Management
825 Committee.
826 Section 16. Section 35A-1-109 is amended to read:
827 35A-1-109. Annual report -- Content -- Format.
828 (1) The department shall prepare and submit to the governor and the Legislature, by
829 October 1 of each year, an annual written report of the operations, activities, programs, and
830 services of the department, including its divisions, offices, boards, commissions, councils, and
831 committees, for the preceding fiscal year.
832 (2) For each operation, activity, program, or service provided by the department, the
833 annual report shall include:
834 (a) a description of the operation, activity, program, or service;
835 (b) data and metrics:
836 (i) selected and used by the department to measure progress, performance,
837 effectiveness, and scope of the operation, activity, program, or service, including summary
838 data; and
839 (ii) that are consistent and comparable for each state operation, activity, program, or
840 service that primarily involves employment training or placement as determined by the
841 executive directors of the department, the Governor's Office of Economic [
842 Opportunity, and the Governor's Office of Management and Budget;
843 (c) budget data, including the amount and source of funding, expenses, and allocation
844 of full-time employees for the operation, activity, program, or service;
845 (d) historical data from previous years for comparison with data reported under
846 Subsections (2)(b) and (c);
847 (e) goals, challenges, and achievements related to the operation, activity, program, or
848 service;
849 (f) relevant federal and state statutory references and requirements;
850 (g) contact information of officials knowledgeable and responsible for each operation,
851 activity, program, or service; and
852 (h) other information determined by the department that:
853 (i) may be needed, useful, or of historical significance; or
854 (ii) promotes accountability and transparency for each operation, activity, program, or
855 service with the public and elected officials.
856 (3) The annual report shall be designed to provide clear, accurate, and accessible
857 information to the public, the governor, and the Legislature.
858 (4) The department shall:
859 (a) submit the annual report in accordance with Section 68-3-14;
860 (b) make the annual report, and previous annual reports, accessible to the public by
861 placing a link to the reports on the department's website; and
862 (c) provide the data and metrics described in Subsection (2)(b) to the [
863
864 Subcommittee created in Section 63N-1b-301.
865 Section 17. Section 35A-1-201 is amended to read:
866 35A-1-201. Executive director -- Appointment -- Removal -- Compensation --
867 Qualifications -- Responsibilities -- Deputy directors.
868 (1) (a) The chief administrative officer of the department is the executive director, who
869 is appointed by the governor with the advice and consent of the Senate.
870 (b) The executive director serves at the pleasure of the governor.
871 (c) The executive director shall receive a salary established by the governor within the
872 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
873 (d) The executive director shall be experienced in administration, management, and
874 coordination of complex organizations.
875 (2) The executive director shall:
876 (a) administer and supervise the department in compliance with Title 67, Chapter 19,
877 Utah State Personnel Management Act;
878 (b) supervise and coordinate between the economic service areas and directors created
879 under Chapter 2, Economic Service Areas;
880 (c) coordinate policies and program activities conducted through the divisions and
881 economic service areas of the department;
882 (d) approve the proposed budget of each division, the Workforce Appeals Board, and
883 each economic service area within the department;
884 (e) approve all applications for federal grants or assistance in support of any
885 department program;
886 (f) coordinate with the executive directors of the Governor's Office of Economic
887 [
888 data and metrics to be reported to the Legislature as described in Subsection 35A-1-109(2)(b);
889 and
890 (g) fulfill such other duties as assigned by the Legislature or as assigned by the
891 governor that are not inconsistent with this title.
892 (3) The executive director may appoint deputy or assistant directors to assist the
893 executive director in carrying out the department's responsibilities.
894 (4) The executive director shall at least annually provide for the sharing of information
895 between the advisory councils established under this title.
896 Section 18. Section 35A-6-105 is amended to read:
897 35A-6-105. Commissioner of Apprenticeship Programs.
898 (1) There is created the position of Commissioner of Apprenticeship Programs within
899 the department.
900 (2) The commissioner shall be appointed by the executive director and chosen from
901 one or more recommendations provided by a majority vote of the State Workforce
902 Development Board.
903 (3) The commissioner may be terminated without cause by the executive director.
904 (4) The commissioner shall:
905 (a) promote and educate the public, including high school guidance counselors and
906 potential participants in apprenticeship programs, about apprenticeship programs offered in the
907 state, including apprenticeship programs offered by private sector businesses, trade groups,
908 labor unions, partnerships with educational institutions, and other associations in the state;
909 (b) coordinate with the department and other stakeholders, including union and
910 nonunion apprenticeship programs, the Office of Apprenticeship, the State Board of Education,
911 the Utah system of higher education, the Department of Commerce, the Division of
912 Occupational and Professional Licensing, and the Governor's Office of Economic
913 [
914 and
915 (c) provide an annual written report to:
916 (i) the department for inclusion in the department's annual written report described in
917 Section 35A-1-109;
918 (ii) the Business, Economic Development, and Labor Appropriations Subcommittee;
919 and
920 (iii) the Higher Education Appropriations Subcommittee.
921 (5) The annual written report described in Subsection (4)(c) shall provide information
922 concerning:
923 (a) the number of available apprenticeship programs in the state;
924 (b) the number of apprentices participating in each program;
925 (c) the completion rate of each program;
926 (d) the cost of state funding for each program; and
927 (e) recommendations for improving apprenticeship programs.
928 Section 19. Section 41-6a-1626 is amended to read:
929 41-6a-1626. Mufflers -- Prevention of noise, smoke, and fumes -- Air pollution
930 control devices.
931 (1) (a) A vehicle shall be equipped, maintained, and operated to prevent excessive or
932 unusual noise.
933 (b) A motor vehicle shall be equipped with a muffler or other effective noise
934 suppressing system in good working order and in constant operation.
935 (c) A person may not use a muffler cut-out, bypass, or similar device on a vehicle.
936 (2) (a) Except while the engine is being warmed to the recommended operating
937 temperature, the engine and power mechanism of a gasoline-powered motor vehicle may not
938 emit visible contaminants during operation.
939 (b) (i) As used in this Subsection (2)(b), "heavy tow" means a tow that exceeds the
940 vehicle's maximum tow weight.
941 (ii) A diesel engine manufactured on or after January 1, 2008, may not emit visible
942 contaminants during operation:
943 (A) except while the engine is being warmed to the recommended operating
944 temperature or under a heavy tow; or
945 (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
946 rating in excess of 26,000 pounds.
947 (iii) A diesel engine manufactured before January 1, 2008, may not emit visible
948 contaminants of a shade or density that obscures a contrasting background by more than 20%,
949 for more than five consecutive seconds:
950 (A) except while the engine is being warmed to the recommended operating
951 temperature or under a heavy tow; or
952 (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
953 rating in excess of 26,000 pounds.
954 (c) A person who violates the provisions of Subsection (2)(a) is guilty of an infraction
955 and shall be fined:
956 (i) not less than $50 for a violation; or
957 (ii) not less than $100 for a second or subsequent violation within three years of a
958 previous violation of this section.
959 (d) A person who violates the provisions of Subsection (2)(b) is guilty of an infraction
960 and shall be fined:
961 (i) not less than $100 for a violation; or
962 (ii) not less than $500 for a second or subsequent violation within three years of a
963 previous violation of this section.
964 (e) (i) As used in this section:
965 (A) "Local health department" means the same as that term is defined in Section
966 26A-1-102.
967 (B) "Nonattainment area" means [
968
969 Air Quality Standards, as defined in the Clean Air Act Amendments of 1970, Pub. L. No.
970 91-604, Sec. 109, for fine particulate matter (PM 2.5).
971 (ii) Within a nonattainment area, for a second or subsequent violation of Subsection
972 (2)(a) or (2)(b), the court shall report the violations to the local health department at a regular
973 interval.
974 (iii) If the local health department receives a notification as described in Subsection
975 (2)(e)(ii), and the local health department determines that the registered vehicle is unable to
976 meet state or local air emission standards, the local health department shall send notification to
977 the Motor Vehicle Division.
978 (3) (a) If a motor vehicle is equipped by a manufacturer with air pollution control
979 devices, the devices shall be maintained in good working order and in constant operation.
980 (b) For purposes of the first sale of a vehicle at retail, an air pollution control device
981 may be substituted for the manufacturer's original device if the substituted device is at least as
982 effective in the reduction of emissions from the vehicle motor as the air pollution control
983 device furnished by the manufacturer of the vehicle as standard equipment for the same vehicle
984 class.
985 (c) A person who renders inoperable an air pollution control device on a motor vehicle
986 is guilty of an infraction.
987 (4) Subsection (3) does not apply to a motor vehicle altered and modified to use clean
988 fuel, as defined under Section 59-13-102, when the emissions from the modified or altered
989 motor vehicle are at levels that comply with existing state or federal standards for the emission
990 of pollutants from a motor vehicle of the same class.
991 (5) A violation of Subsection (1), (2), or (3) is an infraction.
992 Section 20. Section 49-11-406 is amended to read:
993 49-11-406. Governor's appointed executives and senior staff -- Appointed
994 legislative employees -- Transfer of value of accrued defined benefit -- Procedures.
995 (1) As used in this section:
996 (a) "Defined benefit balance" means the total amount of the contributions made on
997 behalf of a member to a defined benefit system plus refund interest.
998 (b) "Senior staff" means an at-will employee who reports directly to an elected official,
999 executive director, or director and includes a deputy director and other similar, at-will
1000 employee positions designated by the governor, the speaker of the House, or the president of
1001 the Senate and filed with the Department of Human Resource Management and the Utah State
1002 Retirement Office.
1003 (2) In accordance with this section and subject to requirements under federal law and
1004 rules made by the board, a member who has service credit from a system may elect to be
1005 exempt from coverage under a defined benefit system and to have the member's defined benefit
1006 balance transferred from the defined benefit system or plan to a defined contribution plan in the
1007 member's own name if the member is:
1008 (a) the state auditor;
1009 (b) the state treasurer;
1010 (c) an appointed executive under Subsection 67-22-2(1)(a);
1011 (d) an employee in the Governor's Office;
1012 (e) senior staff in the Governor's Office of Management and Budget;
1013 (f) senior staff in the Governor's Office of Economic [
1014 (g) senior staff in the Commission on Criminal and Juvenile Justice;
1015 (h) a legislative employee appointed under Subsection 36-12-7(3)(a); or
1016 (i) a legislative employee appointed by the speaker of the House of Representatives, the
1017 House of Representatives minority leader, the president of the Senate, or the Senate minority
1018 leader[
1019 [
1020
1021 (3) An election made under Subsection (2):
1022 (a) is final, and no right exists to make any further election;
1023 (b) is considered a request to be exempt from coverage under a defined benefits
1024 system; and
1025 (c) shall be made on forms provided by the office.
1026 (4) The board shall adopt rules to implement and administer this section.
1027 Section 21. Section 53B-1-114 is amended to read:
1028 53B-1-114. Coordination for education.
1029 (1) At least quarterly, in order to coordinate education services, the commissioner and
1030 the state superintendent of public instruction shall convene a meeting of individuals who have
1031 responsibilities related to Utah's education system, including:
1032 (a) the state superintendent of public instruction;
1033 (b) the commissioner;
1034 (c) the executive director of the Department of Workforce Services described in
1035 Section 35A-1-201;
1036 (d) the executive director of the Governor's Office of Economic [
1037 Opportunity described in Section [
1038 (e) the chair of the State Board of Education;
1039 (f) the chair of the Utah Board of Higher Education;
1040 (g) a member of the governor's staff; and
1041 (h) the chairs of the Education Interim Committee.
1042 (2) The coordinating group described in this section shall, for the State Board of
1043 Education and the Utah Board of Higher Education:
1044 (a) coordinate strategic planning efforts;
1045 (b) encourage alignment of strategic plans; and
1046 (c) report on the State Board of Education's strategic plan to the Utah Board of Higher
1047 Education and the Utah Board of Higher Education's strategic plan to the State Board of
1048 Education.
1049 (3) A meeting described in Subsection (1) is not subject to Title 52, Chapter 4, Open
1050 and Public Meetings Act.
1051 Section 22. Section 53B-1-301 is amended to read:
1052 53B-1-301. Reports to and actions of the Higher Education Appropriations
1053 Subcommittee.
1054 (1) In accordance with applicable provisions and Section 68-3-14, the following
1055 recurring reports are due to the Higher Education Appropriations Subcommittee:
1056 (a) the reports described in Sections 34A-2-202.5, 53B-17-804, and 59-9-102.5 by the
1057 Rocky Mountain Center for Occupational and Environmental Health;
1058 (b) the report described in Section 53B-7-101 by the board on recommended
1059 appropriations for higher education institutions, including the report described in Section
1060 53B-8-104 by the board on the effects of offering nonresident partial tuition scholarships;
1061 (c) the report described in Section 53B-7-704 by the Department of Workforce
1062 Services and the Governor's Office of Economic [
1063 (d) the reports described in Section 53B-7-705 by the board on performance;
1064 (e) the report described in Section 53B-8-201 by the board on the Regents' Scholarship
1065 Program;
1066 (f) the report described in Section 53B-8-303 by the board regarding Access Utah
1067 promise scholarships;
1068 (g) the report described in Section 53B-8d-104 by the Division of Child and Family
1069 Services on tuition waivers for wards of the state;
1070 (h) the report described in Section 53B-12-107 by the Utah Higher Education
1071 Assistance Authority;
1072 (i) the report described in Section 53B-13a-104 by the board on the Success Stipend
1073 Program;
1074 (j) the report described in Section 53B-17-201 by the University of Utah regarding the
1075 Miners' Hospital for Disabled Miners;
1076 (k) the report described in Section 53B-26-103 by the Governor's Office of Economic
1077 [
1078 growth;
1079 (l) the report described in Section 53B-26-202 by the Medical Education Council on
1080 projected demand for nursing professionals; and
1081 (m) the report described in Section 53E-10-308 by the State Board of Education and
1082 board on student participation in the concurrent enrollment program.
1083 (2) In accordance with applicable provisions and Section 68-3-14, the following
1084 occasional reports are due to the Higher Education Appropriations Subcommittee:
1085 (a) upon request, the information described in Section 53B-8a-111 submitted by the
1086 Utah Educational Savings Plan;
1087 (b) as described in Section 53B-26-103, a proposal by an eligible partnership related to
1088 workforce needs for technical jobs projected to support economic growth;
1089 (c) a proposal described in Section 53B-26-202 by an eligible program to respond to
1090 projected demand for nursing professionals;
1091 (d) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board
1092 on the fire and rescue training program described in Section 53B-29-202; and
1093 (e) the reports described in Section 63C-19-202 by the Higher Education Strategic
1094 Planning Commission on the commission's progress.
1095 (3) In accordance with applicable provisions, the Higher Education Appropriations
1096 Subcommittee shall complete the following:
1097 (a) as required by Section 53B-7-703, the review of performance funding described in
1098 Section 53B-7-703;
1099 (b) the review described in Section 53B-7-705 of the implementation of performance
1100 funding;
1101 (c) an appropriation recommendation described in Section 53B-26-103 to fund a
1102 proposal responding to workforce needs of a strategic industry cluster;
1103 (d) an appropriation recommendation described in Section 53B-26-202 to fund a
1104 proposal responding to projected demand for nursing professionals; and
1105 (e) review of the report described in Section 63B-10-301 by the University of Utah on
1106 the status of a bond and bond payments specified in Section 63B-10-301.
1107 Section 23. Section 53B-7-702 is amended to read:
1108 53B-7-702. Definitions.
1109 As used in this part:
1110 (1) "Account" means the Performance Funding Restricted Account created in Section
1111 53B-7-703.
1112 (2) "Estimated revenue growth from targeted jobs" means the estimated increase in
1113 individual income tax revenue generated by individuals employed in targeted jobs, determined
1114 by the Department of Workforce Services in accordance with Section 53B-7-704.
1115 (3) "Full new performance funding amount" means the maximum amount of new
1116 performance funding that a degree-granting institution or technical college may qualify for in a
1117 fiscal year, determined by the Legislature in accordance with Section 53B-7-705.
1118 (4) "Full-time" means the number of credit hours the board determines is full-time
1119 enrollment for a student.
1120 (5) [
1121 [
1122 (6) "Job" means an occupation determined by the Department of Workforce Services.
1123 (7) "Membership hour" means 60 minutes of scheduled instruction provided by a
1124 technical college to a student enrolled in the technical college.
1125 (8) "New performance funding" means the difference between the total amount of
1126 money in the account and the amount of money appropriated from the account for performance
1127 funding in the current fiscal year.
1128 (9) "Performance" means total performance across the metrics described in:
1129 (a) Section 53B-7-706 for a degree-granting institution; or
1130 (b) Section 53B-7-707 for a technical college.
1131 (10) "Research university" means the University of Utah or Utah State University.
1132 (11) "Targeted job" means a job designated by the Department of Workforce Services
1133 or [
1134 (12) "Technical college graduate" means an individual who:
1135 (a) has earned a certificate from an accredited program at a technical college; and
1136 (b) is no longer enrolled in the technical college.
1137 Section 24. Section 53B-7-704 is amended to read:
1138 53B-7-704. Designation of targeted jobs -- Determination of estimated revenue
1139 growth from targeted jobs -- Reporting.
1140 (1) As used in this section, "baseline amount" means the average annual wages for
1141 targeted jobs over calendar years 2014, 2015, and 2016, as determined by the Department of
1142 Workforce Services using the best available information.
1143 (2) (a) The Department of Workforce Services shall designate, as a targeted job, a job
1144 that:
1145 (i) has a base employment level of at least 100 individuals;
1146 (ii) ranks in the top 20% of jobs for outlook based on:
1147 (A) projected number of openings; and
1148 (B) projected rate of growth;
1149 (iii) ranks in the top 20% of jobs for median annual wage; and
1150 (iv) requires postsecondary training.
1151 (b) The Department of Workforce Services shall designate targeted jobs every other
1152 year.
1153 (c) [
1154 Workforce Services and industry representatives, designate a job that has significant industry
1155 importance as a targeted job.
1156 (d) Annually, the Department of Workforce Services and [
1157 shall report to the Higher Education Appropriations Subcommittee on targeted jobs, including:
1158 (i) the method used to determine which jobs are targeted jobs;
1159 (ii) changes to which jobs are targeted jobs; and
1160 (iii) the reasons for each change described in Subsection (2)(d)(ii).
1161 (3) Based on the targeted jobs described in Subsection (2), the Department of
1162 Workforce Services shall annually determine the estimated revenue growth from targeted jobs
1163 by:
1164 (a) determining the total estimated wages for targeted jobs for the year:
1165 (i) based on the average wages for targeted jobs, calculated using the most recently
1166 available wage data and data from each of the two years before the most recently available
1167 data; and
1168 (ii) using the best available information;
1169 (b) determining the change in estimated wages for targeted jobs by subtracting the
1170 baseline amount from the total wages for targeted jobs described in Subsection (3)(a); and
1171 (c) multiplying the change in estimated wages for targeted jobs described in Subsection
1172 (3)(b) by 3.6%.
1173 (4) Annually, at least 30 days before the first day of the legislative general session, the
1174 Department of Workforce Services shall report the estimated revenue growth from targeted
1175 jobs to:
1176 (a) the Office of the Legislative Fiscal Analyst; and
1177 (b) the Division of Finance.
1178 Section 25. Section 53B-8-304 is amended to read:
1179 53B-8-304. Utah promise partners.
1180 (1) In consultation with the Talent Ready Utah [
1181 [
1182 employers to be promise partners.
1183 (2) The board may select an employer as a promise partner if the employer:
1184 (a) applies to the board to be a promise partner; and
1185 (b) meets other requirements established by the board in the rules described in
1186 Subsection (5).
1187 (3) An individual employed by a promise partner is eligible to receive a partner award
1188 if the individual:
1189 (a) applies for a partner award;
1190 (b) is admitted to and enrolled in an institution;
1191 (c) is a Utah resident;
1192 (d) does not have an associate or higher postsecondary degree;
1193 (e) meets requirements established by the promise partner related to a partner award;
1194 and
1195 (f) maintains the eligibility requirements described in this Subsection (3) for the full
1196 length of time the individual receives the partner award.
1197 (4) (a) Subject to legislative appropriations and Subsection (4)(b), the board shall
1198 award a partner award to an individual who meets the requirements described in Subsection
1199 (3).
1200 (b) The board may:
1201 (i) award a partner award for up to the portion of tuition and fees for a program at an
1202 institution that is not covered by an employer reimbursement described in Subsection (5)(b);
1203 and
1204 (ii) prioritize awarding partner awards if an appropriation for partner awards is not
1205 sufficient to provide a partner award to each individual who is eligible under Subsection (3).
1206 (c) The board may continue to award a partner award to a recipient who meets the
1207 requirements described in Subsection (3) until the earliest of the following:
1208 (i) two years after the individual initially receives a partner award;
1209 (ii) the recipient uses a partner award to attend an institution for four semesters;
1210 (iii) the recipient completes the requirements for an associate degree; or
1211 (iv) if the recipient attends an institution that does not offer associate degrees, the
1212 recipient has 60 earned credit hours.
1213 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1214 board shall make rules that establish:
1215 (a) requirements for an employer to seek and receive approval from the board for the
1216 employer's employees to receive partner awards;
1217 (b) requirements related to an employer providing reimbursement to an employee who
1218 receives a partner award for a portion of the employee's tuition and fees;
1219 (c) a process for an individual to apply for a partner award;
1220 (d) criteria for the board to prioritize awarding partner awards; and
1221 (e) a requirement that an institution shall, for a recipient of a partner award:
1222 (i) evaluate the recipient's knowledge, skills, and competencies acquired through
1223 formal or informal education outside the traditional postsecondary academic environment; and
1224 (ii) award credit, as applicable, for the recipient's prior learning described in Subsection
1225 (5)(e)(i).
1226 Section 26. Section 53B-10-201 is amended to read:
1227 53B-10-201. Definitions.
1228 As used in this part:
1229 (1) "Full-time" means the number of credit hours the board determines is full-time
1230 enrollment for a student.
1231 (2) [
1232 [
1233 (3) "Incentive loan" means a loan described in Section 53B-10-202.
1234 (4) "Institution" means an institution of higher education described in Subsection
1235 53B-1-102(1)(a).
1236 (5) "Program" means the Talent Development Incentive Loan Program created in
1237 Section 53B-10-202.
1238 (6) "Qualifying degree" means an associate's or a bachelor's degree that qualifies an
1239 individual to work in a qualifying job, as determined by [
1240 Section 53B-10-203.
1241 (7) "Qualifying job" means a job:
1242 (a) described in Section 53B-10-203 for which an individual may receive an incentive
1243 loan for the current two-year period; or
1244 (b) (i) that was selected in accordance with Section 53B-10-203 at the time a recipient
1245 received an incentive loan; and
1246 (ii) (A) for which the recipient is pursuing a qualifying degree;
1247 (B) for which the recipient completed a qualifying degree; or
1248 (C) in which the recipient is working.
1249 (8) "Recipient" means an individual who receives an incentive loan.
1250 Section 27. Section 53B-10-203 is amended to read:
1251 53B-10-203. Selection of qualifying jobs and qualifying degrees.
1252 (1) Every other year, [
1253 (a) five qualifying jobs that:
1254 (i) have the highest demand for new employees; and
1255 (ii) offer high wages; and
1256 (b) the qualifying degrees for each qualifying job.
1257 (2) [
1258 (a) ensure that each qualifying job:
1259 (i) ranks in the top 40% of jobs based on an employment index that considers the job's
1260 growth rate and total openings;
1261 (ii) ranks in the top 40% of jobs for wages; and
1262 (iii) requires an associate's degree or a bachelor's degree; and
1263 (b) report the five qualifying jobs and qualifying degrees to the board.
1264 Section 28. Section 53B-26-102 is amended to read:
1265 53B-26-102. Definitions.
1266 As used in this part:
1267 (1) "CTE" means career and technical education.
1268 (2) "CTE region" means an economic service area created in Section 35A-2-101.
1269 (3) "Eligible partnership" means:
1270 (a) a regional partnership; or
1271 (b) a statewide partnership.
1272 (4) "Employer" means a private employer, public employer, industry association, the
1273 military, or a union.
1274 (5) "Industry advisory group" means:
1275 (a) a group of at least five employers that represent the workforce needs to which a
1276 proposal submitted under Section 53B-26-103 responds; and
1277 (b) a representative of the Governor's Office of Economic [
1278 appointed by the executive director of the Governor's Office of Economic [
1279 Opportunity.
1280 (6) "Institution of higher education" means the University of Utah, Utah State
1281 University, Southern Utah University, Weber State University, Snow College, Dixie State
1282 University, Utah Valley University, or Salt Lake Community College.
1283 (7) "Regional partnership" means a partnership that:
1284 (a) provides educational services within one CTE region; and
1285 (b) is between at least two of the following located in the CTE region:
1286 (i) a technical college;
1287 (ii) a school district or charter school; or
1288 (iii) an institution of higher education.
1289 (8) "Stackable sequence of credentials" means a sequence of credentials that:
1290 (a) an individual can build upon to access an advanced job or higher wage;
1291 (b) is part of a career pathway system;
1292 (c) provides a pathway culminating in the equivalent of an associate's or bachelor's
1293 degree;
1294 (d) facilitates multiple exit and entry points; and
1295 (e) recognizes sub-goals or momentum points.
1296 (9) "Statewide partnership" means a partnership between at least two regional
1297 partnerships.
1298 (10) "Technical college" means:
1299 (a) a college described in Section 53B-2a-105;
1300 (b) the School of Applied Technology at Salt Lake Community College established
1301 under Section 53B-16-209;
1302 (c) Utah State University Eastern established under Section 53B-18-1201;
1303 (d) Utah State University Blanding established under Section 53B-18-1202; or
1304 (e) the Snow College Richfield campus established under Section 53B-16-205.
1305 Section 29. Section 53B-26-103 is amended to read:
1306 53B-26-103. GO Utah office reporting requirement -- Proposals -- Funding.
1307 (1) Every other year, the Governor's Office of Economic [
1308 shall report to the Higher Education Appropriations Subcommittee and the board on the high
1309 demand technical jobs projected to support economic growth in the following high need
1310 strategic industry clusters:
1311 (a) aerospace and defense;
1312 (b) energy and natural resources;
1313 (c) financial services;
1314 (d) life sciences;
1315 (e) outdoor products;
1316 (f) software development and information technology; and
1317 (g) any other strategic industry cluster designated by the Governor's Office of
1318 Economic [
1319 (2) To receive funding under this section, an eligible partnership shall submit a
1320 proposal containing the elements described in Subsection (3) to the Higher Education
1321 Appropriations Subcommittee on or before January 5 for fiscal year 2018 and any succeeding
1322 fiscal year.
1323 (3) A proposal described in Subsection (2) shall include:
1324 (a) a program of instruction that:
1325 (i) is responsive to the workforce needs of a strategic industry cluster described in
1326 Subsection (1):
1327 (A) in one CTE region, for a proposal submitted by a regional partnership; or
1328 (B) in at least two CTE regions, for a proposal submitted by a statewide partnership;
1329 (ii) leads to the attainment of a stackable sequence of credentials; and
1330 (iii) includes a non-duplicative progression of courses that include both academic and
1331 CTE content;
1332 (b) expected student enrollment, attainment rates, and job placement rates;
1333 (c) evidence of input and support for the proposal from an industry advisory group;
1334 (d) a description of any financial or in-kind contributions for the program from an
1335 industry advisory group;
1336 (e) a description of the job opportunities available at each exit point in the stackable
1337 sequence of credentials;
1338 (f) evidence of an official action in support of the proposal from the board;
1339 (g) if the program of instruction described in Subsection (3)(a) requires board approval
1340 under Section 53B-16-102, evidence of board approval of the program of instruction; and
1341 (h) a funding request, including justification for the request.
1342 (4) The Higher Education Appropriations Subcommittee shall:
1343 (a) review a proposal submitted under this section using the following criteria:
1344 (i) the proposal contains the elements described in Subsection (3);
1345 (ii) for a proposal from a regional partnership, support for the proposal is widespread
1346 within the CTE region; and
1347 (iii) the proposal expands the capacity to meet state or regional workforce needs;
1348 (b) determine the extent to which to fund the proposal; and
1349 (c) make a recommendation to the Legislature for funding the proposal through the
1350 appropriations process.
1351 (5) An eligible partnership that receives funding under this section:
1352 (a) shall use the money to deliver the program of instruction described in the eligible
1353 partnership's proposal; and
1354 (b) may not use the money for administration.
1355 Section 30. Section 53B-26-303 is amended to read:
1356 53B-26-303. Deep Technology Talent Advisory Council.
1357 (1) There is created the Deep Technology Talent Advisory Council to make
1358 recommendations to the board in the board's administration of the deep technology talent
1359 initiative described in Section 53B-26-302.
1360 (2) The advisory council shall consist of the following members:
1361 (a) two members who have extensive experience in deep technology in the private
1362 sector appointed by the president of the Senate;
1363 (b) two members who have extensive experience in deep technology in the private
1364 sector appointed by the speaker of the House of Representatives;
1365 (c) a representative of the board appointed by the chair of the board;
1366 (d) a representative of the Governor's Office of Economic [
1367 appointed by the executive director of the Governor's Office of Economic [
1368 Opportunity;
1369 (e) one member of the Senate appointed by the president of the Senate;
1370 (f) one member of the House of Representatives appointed by the speaker of the House
1371 of Representatives; and
1372 (g) other specialized industry experts who may be invited by a majority of the advisory
1373 council to participate as needed as nonvoting members.
1374 (3) The board shall provide staff support for the advisory council.
1375 (4) (a) One of the advisory council members appointed under Subsection (2)(a) shall
1376 serve an initial term of two years and one of the advisory council members appointed under
1377 Subsection (2)(b) shall serve an initial term of two years.
1378 (b) Except as described in Subsection (4)(a), all other advisory council members shall
1379 serve an initial term of four years.
1380 (c) Successor advisory council members upon appointment or reappointment shall each
1381 serve a term of four years.
1382 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
1383 appointed by the initial appointing authority for the unexpired term.
1384 (e) An advisory council member may not serve more than two consecutive terms.
1385 (5) A vote of a majority of the advisory council members is necessary to take action on
1386 behalf of the advisory council.
1387 (6) The duties of the advisory council include reviewing, prioritizing, and making
1388 recommendations to the board regarding proposals for funding under the deep technology
1389 talent initiative described in Section 53B-26-302.
1390 (7) A member may not receive compensation or benefits for the member's service, but
1391 a member who is not a legislator may receive per diem and travel expenses in accordance with:
1392 (a) Sections 63A-3-106 and 63A-3-107; and
1393 (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1394 63A-3-107.
1395 Section 31. Section 53B-30-101 is enacted to read:
1396
1397
1398 53B-30-101. Title.
1399 This chapter is known as the "Career Readiness Act."
1400 Section 32. Section 53B-30-102 is enacted to read:
1401 53B-30-102. Definitions.
1402 As used in this chapter:
1403 (1) "Education provider" means:
1404 (a) an institution of higher education listed in Section 53B-2-101; or
1405 (b) a nonprofit Utah provider of postsecondary education.
1406 (2) "Student user" means:
1407 (a) a Utah student in kindergarten through grade 12;
1408 (b) a Utah postsecondary education student;
1409 (c) a parent or guardian of a Utah public education student; or
1410 (d) a Utah potential postsecondary education student.
1411 Section 33. Section 53B-30-201, which is renumbered from Section 63N-12-509 is
1412 renumbered and amended to read:
1413
1414 [
1415 [
1416 [
1417 [
1418 [
1419 [
1420 [
1421 [
1422 [
1423 [
1424 [
1425
1426 (1) The board shall develop and administer a state online career counseling program in
1427 accordance with this section.
1428 (2) The [
1429
1430 (a) [
1431 (i) access, subject to Subsection (3), information about an education provider or a
1432 scholarship provider;
1433 (ii) access information about different career opportunities and understand the related
1434 educational requirements to enter that career;
1435 (iii) access information about education providers;
1436 (iv) access up to date information about entrance requirements to education providers;
1437 and
1438 [
1439
1440 [
1441
1442
1443 [
1444 and apply for those jobs without having to leave the website to do so;
1445 (b) [
1446 (i) access information about different career opportunities and understand the related
1447 educational requirements to enter that career;
1448 (ii) access information about education providers; and
1449 (iii) access up-to-date information about entrance requirements to education providers;
1450 [
1451
1452 [
1453
1454
1455 [
1456
1457 (c) [
1458 (i) request that [
1459 interested in various educational opportunities;
1460 (ii) promote the education provider's programs and schools to student users; and
1461 (iii) connect with student users within the [
1462 (d) [
1463 (i) request that [
1464 pursuing educational opportunities that are consistent with jobs the Utah business is trying to
1465 fill now or in the future; and
1466 (ii) market jobs and communicate with student users through the [
1467 program's website as allowed by law; and
1468 (e) provide analysis and reporting on student user interests and education paths within
1469 the education system[
1470 [
1471
1472 (3) A student may access information described in Subsection (2)(a)(i) only if [
1473
1474 (a) of a student's parent or legal guardian through the student's school or LEA; or
1475 (b) for a student who is age 18 or older or an emancipated minor, from the student.
1476 (4) The [
1477 (a) may charge a fee to a Utah business for services provided by [
1478 program under this section; and
1479 (b) shall establish a fee described in Subsection (4)(a) in accordance with Section
1480 63J-1-504.
1481 Section 34. Section 54-4-41 is amended to read:
1482 54-4-41. Recovery of investment in utility-owned vehicle charging infrastructure.
1483 (1) As used in this section, "charging infrastructure program" means the program
1484 described in Subsection (2).
1485 (2) The commission shall authorize a large-scale electric utility program that:
1486 (a) allows for funding from large-scale electric utility customers for a maximum of
1487 $50,000,000 for all costs and expenses associated with:
1488 (i) the deployment of utility-owned vehicle charging infrastructure; and
1489 (ii) utility vehicle charging service provided by the large-scale electric utility;
1490 (b) creates a new customer class, with a utility vehicle charging service rate structure
1491 that:
1492 (i) is determined by the commission to be in the public interest;
1493 (ii) is a transitional rate structure expected to allow the large-scale electric utility to
1494 recover, through charges to utility vehicle charging service customers, the large-scale electric
1495 utility's full cost of service for utility-owned vehicle charging infrastructure and utility vehicle
1496 charging service over a reasonable time frame determined by the commission; and
1497 (iii) may allow different rates for large-scale electric utility customers to reflect
1498 contributions to investment; and
1499 (c) includes a transportation plan that promotes:
1500 (i) the deployment of utility-owned vehicle charging infrastructure in the public
1501 interest; and
1502 (ii) the availability of utility vehicle charging service.
1503 (3) Before submitting a proposed charging infrastructure program to the commission
1504 for commission approval under Subsection (2), a large-scale electric utility shall seek and
1505 consider input from:
1506 (a) the Division of Public Utilities, established in Section 54-4a-1;
1507 (b) the Office of Consumer Services, created in Section 54-10a-201;
1508 (c) the Division of Air Quality, created in Section 19-1-105;
1509 (d) the Department of Transportation, created in Section 72-1-201;
1510 (e) the Governor's Office of Economic [
1511 [
1512 (f) the Office of Energy Development, created in Section 63M-4-401;
1513 (g) the board of the Utah Inland Port Authority, created in Section 11-58-201;
1514 (h) representatives of the Point of the Mountain State Land Development Authority,
1515 created in Section 11-59-201;
1516 (i) third-party electric vehicle battery charging service operators; and
1517 (j) any other person who files a request for notice with the commission.
1518 (4) The commission shall find a charging infrastructure program to be in the public
1519 interest if the commission finds that the charging infrastructure program:
1520 (a) increases the availability of electric vehicle battery charging service in the state;
1521 (b) enables the significant deployment of infrastructure that supports electric vehicle
1522 battery charging service and utility-owned vehicle charging infrastructure in a manner
1523 reasonably expected to increase electric vehicle adoption;
1524 (c) includes an evaluation of investments in the areas of the authority jurisdictional
1525 land, as defined in Section 11-58-102, and the point of the mountain state land, as defined in
1526 Section 11-59-102;
1527 (d) enables competition, innovation, and customer choice in electric vehicle battery
1528 charging services, while promoting low-cost services for electric vehicle battery charging
1529 customers; and
1530 (e) provides for ongoing coordination with the Department of Transportation, created
1531 in Section 72-1-201.
1532 (5) The commission may, consistent with Subsection (2), approve an amendment to the
1533 charging infrastructure program if the large-scale electric utility demonstrates that the
1534 amendment:
1535 (a) is prudent;
1536 (b) will provide net benefits to customers; and
1537 (c) is otherwise consistent with the requirements of Subsection (2).
1538 (6) The commission shall authorize recovery of a large-scale electric utility's
1539 investment in utility-owned vehicle charging infrastructure through a balancing account or
1540 other ratemaking treatment that reflects:
1541 (a) charging infrastructure program costs associated with prudent investment, including
1542 the large-scale electric utility's pre-tax average weighted cost of capital approved by the
1543 commission in the large-scale electric utility's most recent general rate proceeding, and
1544 associated revenue and prudently incurred expenses; and
1545 (b) a carrying charge.
1546 (7) A large-scale electric utility's investment in utility-owned vehicle charging
1547 infrastructure is prudently made if the large-scale electric utility demonstrates in a formal
1548 adjudicative proceeding before the commission that the investment can reasonably be
1549 anticipated to:
1550 (a) result in one or more projects that are in the public interest of the large-scale
1551 electric utility's customers to reduce transportation sector emissions over a reasonable time
1552 period as determined by the commission;
1553 (b) provide the large-scale electric utility's customers significant benefits that may
1554 include revenue from utility vehicle charging service that offsets the large-scale electric utility's
1555 costs and expenses; and
1556 (c) facilitate any other measure that the commission determines:
1557 (i) promotes deployment of utility-owned vehicle charging infrastructure and utility
1558 vehicle charging service; or
1559 (ii) creates significant benefits in the long term for customers of the large-scale electric
1560 utility.
1561 (8) A large-scale electric utility that establishes and implements a charging
1562 infrastructure program shall annually, on or before June 1, submit a written report to the Public
1563 Utilities, Energy, and Technology Interim Committee of the Legislature about the charging
1564 infrastructure program's activities during the previous calendar year, including information on:
1565 (a) the charging infrastructure program's status, operation, funding, and benefits;
1566 (b) the disposition of charging infrastructure program funds; and
1567 (c) the charging infrastructure program's impact on rates.
1568 Section 35. Section 59-1-403 is amended to read:
1569 59-1-403. Confidentiality -- Exceptions -- Penalty -- Application to property tax.
1570 (1) (a) Any of the following may not divulge or make known in any manner any
1571 information gained by that person from any return filed with the commission:
1572 (i) a tax commissioner;
1573 (ii) an agent, clerk, or other officer or employee of the commission; or
1574 (iii) a representative, agent, clerk, or other officer or employee of any county, city, or
1575 town.
1576 (b) An official charged with the custody of a return filed with the commission is not
1577 required to produce the return or evidence of anything contained in the return in any action or
1578 proceeding in any court, except:
1579 (i) in accordance with judicial order;
1580 (ii) on behalf of the commission in any action or proceeding under:
1581 (A) this title; or
1582 (B) other law under which persons are required to file returns with the commission;
1583 (iii) on behalf of the commission in any action or proceeding to which the commission
1584 is a party; or
1585 (iv) on behalf of any party to any action or proceeding under this title if the report or
1586 facts shown by the return are directly involved in the action or proceeding.
1587 (c) Notwithstanding Subsection (1)(b), a court may require the production of, and may
1588 admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
1589 pertinent to the action or proceeding.
1590 (2) This section does not prohibit:
1591 (a) a person or that person's duly authorized representative from receiving a copy of
1592 any return or report filed in connection with that person's own tax;
1593 (b) the publication of statistics as long as the statistics are classified to prevent the
1594 identification of particular reports or returns; and
1595 (c) the inspection by the attorney general or other legal representative of the state of the
1596 report or return of any taxpayer:
1597 (i) who brings action to set aside or review a tax based on the report or return;
1598 (ii) against whom an action or proceeding is contemplated or has been instituted under
1599 this title; or
1600 (iii) against whom the state has an unsatisfied money judgment.
1601 (3) (a) Notwithstanding Subsection (1) and for purposes of administration, the
1602 commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
1603 Rulemaking Act, provide for a reciprocal exchange of information with:
1604 (i) the United States Internal Revenue Service; or
1605 (ii) the revenue service of any other state.
1606 (b) Notwithstanding Subsection (1) and for all taxes except individual income tax and
1607 corporate franchise tax, the commission may by rule, made in accordance with Title 63G,
1608 Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and
1609 other written statements with the federal government, any other state, any of the political
1610 subdivisions of another state, or any political subdivision of this state, except as limited by
1611 Sections 59-12-209 and 59-12-210, if the political subdivision, other state, or the federal
1612 government grant substantially similar privileges to this state.
1613 (c) Notwithstanding Subsection (1) and for all taxes except individual income tax and
1614 corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3,
1615 Utah Administrative Rulemaking Act, provide for the issuance of information concerning the
1616 identity and other information of taxpayers who have failed to file tax returns or to pay any tax
1617 due.
1618 (d) Notwithstanding Subsection (1), the commission shall provide to the director of the
1619 Division of Environmental Response and Remediation, as defined in Section 19-6-402, as
1620 requested by the director of the Division of Environmental Response and Remediation, any
1621 records, returns, or other information filed with the commission under Chapter 13, Motor and
1622 Special Fuel Tax Act, or Section 19-6-410.5 regarding the environmental assurance program
1623 participation fee.
1624 (e) Notwithstanding Subsection (1), at the request of any person the commission shall
1625 provide that person sales and purchase volume data reported to the commission on a report,
1626 return, or other information filed with the commission under:
1627 (i) Chapter 13, Part 2, Motor Fuel; or
1628 (ii) Chapter 13, Part 4, Aviation Fuel.
1629 (f) Notwithstanding Subsection (1), upon request from a tobacco product manufacturer,
1630 as defined in Section 59-22-202, the commission shall report to the manufacturer:
1631 (i) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
1632 manufacturer and reported to the commission for the previous calendar year under Section
1633 59-14-407; and
1634 (ii) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
1635 manufacturer for which a tax refund was granted during the previous calendar year under
1636 Section 59-14-401 and reported to the commission under Subsection 59-14-401(1)(a)(v).
1637 (g) Notwithstanding Subsection (1), the commission shall notify manufacturers,
1638 distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited
1639 from selling cigarettes to consumers within the state under Subsection 59-14-210(2).
1640 (h) Notwithstanding Subsection (1), the commission may:
1641 (i) provide to the Division of Consumer Protection within the Department of
1642 Commerce and the attorney general data:
1643 (A) reported to the commission under Section 59-14-212; or
1644 (B) related to a violation under Section 59-14-211; and
1645 (ii) upon request, provide to any person data reported to the commission under
1646 Subsections 59-14-212(1)(a) through (c) and Subsection 59-14-212(1)(g).
1647 (i) Notwithstanding Subsection (1), the commission shall, at the request of a committee
1648 of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's Office of
1649 Management and Budget, provide to the committee or office the total amount of revenues
1650 collected by the commission under Chapter 24, Radioactive Waste Facility Tax Act, for the
1651 time period specified by the committee or office.
1652 (j) Notwithstanding Subsection (1), the commission shall make the directory required
1653 by Section 59-14-603 available for public inspection.
1654 (k) Notwithstanding Subsection (1), the commission may share information with
1655 federal, state, or local agencies as provided in Subsection 59-14-606(3).
1656 (l) (i) Notwithstanding Subsection (1), the commission shall provide the Office of
1657 Recovery Services within the Department of Human Services any relevant information
1658 obtained from a return filed under Chapter 10, Individual Income Tax Act, regarding a taxpayer
1659 who has become obligated to the Office of Recovery Services.
1660 (ii) The information described in Subsection (3)(l)(i) may be provided by the Office of
1661 Recovery Services to any other state's child support collection agency involved in enforcing
1662 that support obligation.
1663 (m) (i) Notwithstanding Subsection (1), upon request from the state court
1664 administrator, the commission shall provide to the state court administrator, the name, address,
1665 telephone number, county of residence, and social security number on resident returns filed
1666 under Chapter 10, Individual Income Tax Act.
1667 (ii) The state court administrator may use the information described in Subsection
1668 (3)(m)(i) only as a source list for the master jury list described in Section 78B-1-106.
1669 (n) (i) As used in this Subsection (3)(n):
1670 (A) [
1671 [
1672 (B) "Income tax information" means information gained by the commission that is
1673 required to be attached to or included in a return filed with the commission under Chapter 7,
1674 Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax Act.
1675 (C) "Other tax information" means information gained by the commission that is
1676 required to be attached to or included in a return filed with the commission except for a return
1677 filed under Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual
1678 Income Tax Act.
1679 (D) "Tax information" means income tax information or other tax information.
1680 (ii) (A) Notwithstanding Subsection (1) and except as provided in Subsection
1681 (3)(n)(ii)(B) or (C), the commission shall at the request of [
1682 to [
1683 (B) For purposes of a request for income tax information made under Subsection
1684 (3)(n)(ii)(A), [
1685 provide to [
1686 taxpayer identification number.
1687 (C) In providing income tax information to [
1688 commission shall in all instances protect the privacy of a person as required by Subsection
1689 (3)(n)(ii)(B).
1690 (iii) (A) Notwithstanding Subsection (1) and except as provided in Subsection
1691 (3)(n)(iii)(B), the commission shall at the request of [
1692 [
1693 (B) Before providing other tax information to [
1694 commission shall redact or remove any name, address, social security number, or taxpayer
1695 identification number.
1696 (iv) [
1697 commission in accordance with this Subsection (3)(n) only:
1698 (A) as a fiscal estimate, fiscal note information, or statistical information; and
1699 (B) if the tax information is classified to prevent the identification of a particular
1700 return.
1701 (v) (A) A person may not request tax information from [
1702 under Title 63G, Chapter 2, Government Records Access and Management Act, or this section,
1703 if [
1704 accordance with this Subsection (3)(n).
1705 (B) [
1706 information in accordance with Subsection (3)(n)(v)(A) any tax information other than the tax
1707 information [
1708 (o) Notwithstanding Subsection (1), the commission may provide to the governing
1709 board of the agreement or a taxing official of another state, the District of Columbia, the United
1710 States, or a territory of the United States:
1711 (i) the following relating to an agreement sales and use tax:
1712 (A) information contained in a return filed with the commission;
1713 (B) information contained in a report filed with the commission;
1714 (C) a schedule related to Subsection (3)(o)(i)(A) or (B); or
1715 (D) a document filed with the commission; or
1716 (ii) a report of an audit or investigation made with respect to an agreement sales and
1717 use tax.
1718 (p) Notwithstanding Subsection (1), the commission may provide information
1719 concerning a taxpayer's state income tax return or state income tax withholding information to
1720 the Driver License Division if the Driver License Division:
1721 (i) requests the information; and
1722 (ii) provides the commission with a signed release form from the taxpayer allowing the
1723 Driver License Division access to the information.
1724 (q) Notwithstanding Subsection (1), the commission shall provide to the Utah
1725 Communications Authority, or a division of the Utah Communications Authority, the
1726 information requested by the authority under Sections 63H-7a-302, 63H-7a-402, and
1727 63H-7a-502.
1728 (r) Notwithstanding Subsection (1), the commission shall provide to the Utah
1729 Educational Savings Plan information related to a resident or nonresident individual's
1730 contribution to a Utah Educational Savings Plan account as designated on the resident or
1731 nonresident's individual income tax return as provided under Section 59-10-1313.
1732 (s) Notwithstanding Subsection (1), for the purpose of verifying eligibility under
1733 Sections 26-18-2.5 and 26-40-105, the commission shall provide an eligibility worker with the
1734 Department of Health or its designee with the adjusted gross income of an individual if:
1735 (i) an eligibility worker with the Department of Health or its designee requests the
1736 information from the commission; and
1737 (ii) the eligibility worker has complied with the identity verification and consent
1738 provisions of Sections 26-18-2.5 and 26-40-105.
1739 (t) Notwithstanding Subsection (1), the commission may provide to a county, as
1740 determined by the commission, information declared on an individual income tax return in
1741 accordance with Section 59-10-103.1 that relates to eligibility to claim a residential exemption
1742 authorized under Section 59-2-103.
1743 (u) Notwithstanding Subsection (1), the commission shall provide a report regarding
1744 any access line provider that is over 90 days delinquent in payment to the commission of
1745 amounts the access line provider owes under Title 69, Chapter 2, Part 4, Prepaid Wireless
1746 Telecommunications Service Charges, to the board of the Utah Communications Authority
1747 created in Section 63H-7a-201.
1748 (v) Notwithstanding Subsection (1), the commission shall provide the Department of
1749 Environmental Quality a report on the amount of tax paid by a radioactive waste facility for the
1750 previous calendar year under Section 59-24-103.5.
1751 (w) Notwithstanding Subsection (1), the commission may, upon request, provide to the
1752 Department of Workforce Services any information received under Chapter 10, Part 4,
1753 Withholding of Tax, that is relevant to the duties of the Department of Workforce Services.
1754 (x) Notwithstanding Subsection (1), the commission may provide the Public Service
1755 Commission or the Division of Public Utilities information related to a seller that collects and
1756 remits to the commission a charge described in Subsection 69-2-405(2), including the seller's
1757 identity and the number of charges described in Subsection 69-2-405(2) that the seller collects.
1758 (4) (a) Each report and return shall be preserved for at least three years.
1759 (b) After the three-year period provided in Subsection (4)(a) the commission may
1760 destroy a report or return.
1761 (5) (a) Any individual who violates this section is guilty of a class A misdemeanor.
1762 (b) If the individual described in Subsection (5)(a) is an officer or employee of the
1763 state, the individual shall be dismissed from office and be disqualified from holding public
1764 office in this state for a period of five years thereafter.
1765 (c) Notwithstanding Subsection (5)(a) or (b), [
1766 requesting information in accordance with Subsection (3)(n)(iii), or an individual who requests
1767 information in accordance with Subsection (3)(n)(v):
1768 (i) is not guilty of a class A misdemeanor; and
1769 (ii) is not subject to:
1770 (A) dismissal from office in accordance with Subsection (5)(b); or
1771 (B) disqualification from holding public office in accordance with Subsection (5)(b).
1772 (6) Except as provided in Section 59-1-404, this part does not apply to the property tax.
1773 Section 36. Section 59-7-159 is amended to read:
1774 59-7-159. Review of credits allowed under this chapter.
1775 (1) As used in this section, "committee" means the Revenue and Taxation Interim
1776 Committee.
1777 (2) (a) The committee shall review the tax credits described in this chapter as provided
1778 in Subsection (3) and make recommendations concerning whether the tax credits should be
1779 continued, modified, or repealed.
1780 (b) In conducting the review required under Subsection (2)(a), the committee shall:
1781 (i) schedule time on at least one committee agenda to conduct the review;
1782 (ii) invite state agencies, individuals, and organizations concerned with the tax credit
1783 under review to provide testimony;
1784 (iii) (A) invite the Governor's Office of Economic [
1785 present a summary and analysis of the information for each tax credit regarding which the
1786 Governor's Office of Economic [
1787 this chapter; and
1788 (B) invite the Office of the Legislative Fiscal Analyst to present a summary and
1789 analysis of the information for each tax credit regarding which the Office of the Legislative
1790 Fiscal Analyst is required to make a report under this chapter;
1791 (iv) ensure that the committee's recommendations described in this section include an
1792 evaluation of:
1793 (A) the cost of the tax credit to the state;
1794 (B) the purpose and effectiveness of the tax credit; and
1795 (C) the extent to which the state benefits from the tax credit; and
1796 (v) undertake other review efforts as determined by the committee chairs or as
1797 otherwise required by law.
1798 (3) (a) On or before November 30, 2017, and every three years after 2017, the
1799 committee shall conduct the review required under Subsection (2) of the tax credits allowed
1800 under the following sections:
1801 (i) Section 59-7-601;
1802 (ii) Section 59-7-607;
1803 (iii) Section 59-7-612;
1804 (iv) Section 59-7-614.1; and
1805 (v) Section 59-7-614.5.
1806 (b) On or before November 30, 2018, and every three years after 2018, the committee
1807 shall conduct the review required under Subsection (2) of the tax credits allowed under the
1808 following sections:
1809 (i) Section 59-7-609;
1810 (ii) Section 59-7-614.2;
1811 (iii) Section 59-7-614.10;
1812 (iv) Section 59-7-619;
1813 (v) Section 59-7-620; and
1814 (vi) Section 59-7-624.
1815 (c) On or before November 30, 2019, and every three years after 2019, the committee
1816 shall conduct the review required under Subsection (2) of the tax credits allowed under the
1817 following sections:
1818 (i) Section 59-7-610;
1819 (ii) Section 59-7-614; and
1820 (iii) Section 59-7-614.7[
1821 [
1822 (d) (i) In addition to the reviews described in this Subsection (3), the committee shall
1823 conduct a review of a tax credit described in this chapter that is enacted on or after January 1,
1824 2017.
1825 (ii) The committee shall complete a review described in this Subsection (3)(d) three
1826 years after the effective date of the tax credit and every three years after the initial review date.
1827 Section 37. Section 59-7-614.2 is amended to read:
1828 59-7-614.2. Refundable economic development tax credit.
1829 (1) As used in this section:
1830 (a) "Business entity" means a taxpayer that meets the definition of "business entity" as
1831 defined in Section 63N-2-103.
1832 (b) "Community reinvestment agency" means the same as that term is defined in
1833 Section 17C-1-102.
1834 (c) "Incremental job" means the same as that term is defined in Section 63N-1a-102.
1835 [
1836 63N-2-103.
1837 [
1838
1839 (e) "New state [
1840 [
1841 (f) "Office" means the Governor's Office of Economic [
1842 (2) Subject to the other provisions of this section, a business entity, local government
1843 entity, or community reinvestment agency may claim a refundable tax credit for economic
1844 development.
1845 (3) The tax credit under this section is the amount listed as the tax credit amount on the
1846 tax credit certificate that the office issues to the business entity, local government entity, or
1847 community reinvestment agency for the taxable year.
1848 (4) A community reinvestment agency may claim a tax credit under this section only if
1849 a local government entity assigns the tax credit to the community reinvestment agency in
1850 accordance with Section 63N-2-104.
1851 (5) (a) In accordance with any rules prescribed by the commission under Subsection
1852 (5)(b), the commission shall make a refund to the following that claim a tax credit under this
1853 section:
1854 (i) a local government entity;
1855 (ii) a community reinvestment agency; or
1856 (iii) a business entity if the amount of the tax credit exceeds the business entity's tax
1857 liability for a taxable year.
1858 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1859 commission may make rules providing procedures for making a refund to a business entity,
1860 local government entity, or community reinvestment agency as required by Subsection (5)(a).
1861 (6) (a) In accordance with Section 59-7-159, the Revenue and Taxation Interim
1862 Committee shall study the tax credit allowed by this section and make recommendations
1863 concerning whether the tax credit should be continued, modified, or repealed.
1864 (b) Except as provided in Subsection (6)(c), for purposes of the study required by this
1865 Subsection (6), the office shall provide the following information, if available to the office, to
1866 the Revenue and Taxation Interim Committee by electronic means:
1867 (i) the amount of tax credit that the office grants to each business entity, local
1868 government entity, or community reinvestment agency for each calendar year;
1869 (ii) the criteria that the office uses in granting a tax credit;
1870 (iii) (A) for a business entity, the new state [
1871 business entity for the calendar year; or
1872 (B) for a local government entity, regardless of whether the local government entity
1873 assigns the tax credit in accordance with Section 63N-2-104, the new state [
1874 generated as a result of a new commercial project within the local government entity for each
1875 calendar year;
1876 (iv) estimates for each of the next three calendar years of the following:
1877 (A) the amount of tax credits that the office will grant;
1878 (B) the amount of new state [
1879 (C) the number of new incremental jobs within the state that will be generated;
1880 (v) the information contained in the office's latest report under Section 63N-2-106; and
1881 (vi) any other information that the Revenue and Taxation Interim Committee requests.
1882 (c) (i) In providing the information described in Subsection (6)(b), the office shall
1883 redact information that identifies a recipient of a tax credit under this section.
1884 (ii) If, notwithstanding the redactions made under Subsection (6)(c)(i), reporting the
1885 information described in Subsection (6)(b) might disclose the identity of a recipient of a tax
1886 credit, the office may file a request with the Revenue and Taxation Interim Committee to
1887 provide the information described in Subsection (6)(b) in the aggregate for all entities and
1888 agencies that receive the tax credit under this section.
1889 (d) The Revenue and Taxation Interim Committee shall ensure that the
1890 recommendations described in Subsection (6)(a) include an evaluation of:
1891 (i) the cost of the tax credit to the state;
1892 (ii) the purpose and effectiveness of the tax credit; and
1893 (iii) the extent to which the state benefits from the tax credit.
1894 Section 38. Section 59-7-614.5 is amended to read:
1895 59-7-614.5. Refundable motion picture tax credit.
1896 (1) As used in this section:
1897 (a) "Motion picture company" means a taxpayer that meets the definition of a motion
1898 picture company under Section 63N-8-102.
1899 (b) "Office" means the Governor's Office of Economic [
1900 created in Section [
1901 (c) "State-approved production" means the same as that term is defined in Section
1902 63N-8-102.
1903 (2) For a taxable year beginning on or after January 1, 2009, a motion picture company
1904 may claim a refundable tax credit for a state-approved production.
1905 (3) The tax credit under this section is the amount listed as the tax credit amount on the
1906 tax credit certificate that the office issues to a motion picture company under Section
1907 63N-8-103 for the taxable year.
1908 (4) (a) In accordance with any rules prescribed by the commission under Subsection
1909 (4)(b), the commission shall make a refund to a motion picture company that claims a tax
1910 credit under this section if the amount of the tax credit exceeds the motion picture company's
1911 tax liability for a taxable year.
1912 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1913 commission may make rules providing procedures for making a refund to a motion picture
1914 company as required by Subsection (4)(a).
1915 (5) (a) In accordance with Section 59-7-159, the Revenue and Taxation Interim
1916 Committee shall study the tax credit allowed by this section and make recommendations
1917 concerning whether the tax credit should be continued, modified, or repealed.
1918 (b) (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required by
1919 this Subsection (5), the office shall provide the following information, if available to the office,
1920 to the Office of the Legislative Fiscal Analyst by electronic means:
1921 (A) the amount of tax credit that the office grants to each motion picture company for
1922 each calendar year;
1923 (B) estimates of the amount of tax credit that the office will grant for each of the next
1924 three calendar years;
1925 (C) the criteria that the office uses in granting the tax credit;
1926 (D) the dollars left in the state, as defined in Section 63N-8-102, by each motion
1927 picture company for each calendar year;
1928 (E) the information contained in the office's latest report under Section [
1929 63N-1a-306; and
1930 (F) any other information that the Office of the Legislative Fiscal Analyst requests.
1931 (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
1932 redact information that identifies a recipient of a tax credit under this section.
1933 (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A), reporting
1934 the information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a
1935 tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
1936 provide the information described in Subsection (5)(b)(i) in the aggregate for all motion picture
1937 companies that receive the tax credit under this section.
1938 (c) As part of the study required by this Subsection (5), the Office of the Legislative
1939 Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
1940 analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
1941 office under Subsection (5)(b).
1942 (d) The Revenue and Taxation Interim Committee shall ensure that the
1943 recommendations described in Subsection (5)(a) include an evaluation of:
1944 (i) the cost of the tax credit to the state;
1945 (ii) the effectiveness of the tax credit; and
1946 (iii) the extent to which the state benefits from the tax credit.
1947 Section 39. Section 59-7-614.10 is amended to read:
1948 59-7-614.10. Nonrefundable enterprise zone tax credit.
1949 (1) As used in this section:
1950 (a) "Business entity" means a corporation that meets the definition of "business entity"
1951 as that term is defined in Section 63N-2-202.
1952 (b) "Office" means the Governor's Office of Economic [
1953 created in Section [
1954 (2) Subject to the provisions of this section, a business entity may claim a
1955 nonrefundable enterprise zone tax credit as described in Section 63N-2-213.
1956 (3) The enterprise zone tax credit under this section is the amount listed as the tax
1957 credit amount on the tax credit certificate that the office issues to the business entity for the
1958 taxable year.
1959 (4) A business entity may carry forward a tax credit under this section for a period that
1960 does not exceed the next three taxable years, if the amount of the tax credit exceeds the
1961 business entity's tax liability under this chapter for that taxable year.
1962 (5) A business entity may not claim or carry forward a tax credit under this part for a
1963 taxable year during which the business entity has claimed the targeted business income tax
1964 credit under Section 59-7-624.
1965 (6) (a) In accordance with Section 59-7-159, the Revenue and Taxation Interim
1966 Committee shall study the tax credit allowed by this section and make recommendations
1967 concerning whether the tax credit should be continued, modified, or repealed.
1968 (b) (i) Except as provided in Subsection (6)(b)(ii), for purposes of the study required by
1969 this Subsection (6), the office shall provide by electronic means the following information for
1970 each calendar year to the Office of the Legislative Fiscal Analyst:
1971 (A) the amount of tax credits provided in each development zone;
1972 (B) the number of new full-time employee positions reported to obtain tax credits in
1973 each development zone;
1974 (C) the amount of tax credits awarded for rehabilitating a building in each development
1975 zone;
1976 (D) the amount of tax credits awarded for investing in a plant, equipment, or other
1977 depreciable property in each development zone;
1978 (E) the information related to the tax credit contained in the office's latest report under
1979 Section 63N-1-301; and
1980 (F) any other information that the Office of the Legislative Fiscal Analyst requests.
1981 (ii) (A) In providing the information described in Subsection (6)(b)(i), the office shall
1982 redact information that identifies a recipient of a tax credit under this section.
1983 (B) If, notwithstanding the redactions made under Subsection (6)(b)(ii)(A), reporting
1984 the information described in Subsection (6)(b)(i) might disclose the identity of a recipient of a
1985 tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
1986 provide the information described in Subsection (6)(b)(i) in the aggregate for all development
1987 zones that receive the tax credit under this section.
1988 (c) As part of the study required by this Subsection (6), the Office of the Legislative
1989 Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
1990 analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
1991 office under Subsection (6)(b).
1992 (d) The Revenue and Taxation Interim Committee shall ensure that the
1993 recommendations described in Subsection (6)(a) include an evaluation of:
1994 (i) the cost of the tax credit to the state;
1995 (ii) the purpose and effectiveness of the tax credit; and
1996 (iii) the extent to which the state benefits from the tax credit.
1997 Section 40. Section 59-7-621 is amended to read:
1998 59-7-621. Nonrefundable rural job creation tax credit.
1999 (1) As used in this section, "office" means the Governor's Office of Economic
2000 [
2001 (2) Subject to the other provisions of this section, a taxpayer may claim a
2002 nonrefundable tax credit for rural job creation as provided in this section.
2003 (3) The tax credit under this section is the amount listed as the tax credit amount on a
2004 tax credit certificate that the office issues under Title 63N, Chapter 4, Part 3, Utah Rural Jobs
2005 Act, to the taxpayer for the taxable year.
2006 (4) A taxpayer may carry forward a tax credit under this section for the next seven
2007 taxable years if the amount of the tax credit exceeds the taxpayer's tax liability under this
2008 chapter for the taxable year in which the taxpayer claims the tax credit.
2009 Section 41. Section 59-7-624 is amended to read:
2010 59-7-624. Targeted business income tax credit.
2011 (1) As used in this section, "business applicant" means the same as that term is defined
2012 in Section 63N-2-302.
2013 (2) A business applicant that is certified and issued a targeted business income tax
2014 eligibility certificate by the Governor's Office of Economic [
2015 Section 63N-2-304 may claim a refundable tax credit in the amount specified on the targeted
2016 business income tax eligibility certificate.
2017 (3) For a taxable year for which a business applicant claims a targeted business income
2018 tax credit under this section, the business applicant may not claim or carry forward a tax credit
2019 under Section 59-7-610, Section 59-10-1007, or Title 63N, Chapter 2, Part 2, Enterprise Zone
2020 Act.
2021 Section 42. Section 59-10-137 is amended to read:
2022 59-10-137. Review of credits allowed under this chapter.
2023 (1) As used in this section, "committee" means the Revenue and Taxation Interim
2024 Committee.
2025 (2) (a) The committee shall review the tax credits described in this chapter as provided
2026 in Subsection (3) and make recommendations concerning whether the tax credits should be
2027 continued, modified, or repealed.
2028 (b) In conducting the review required under Subsection (2)(a), the committee shall:
2029 (i) schedule time on at least one committee agenda to conduct the review;
2030 (ii) invite state agencies, individuals, and organizations concerned with the tax credit
2031 under review to provide testimony;
2032 (iii) (A) invite the Governor's Office of Economic [
2033 present a summary and analysis of the information for each tax credit regarding which the
2034 Governor's Office of Economic [
2035 this chapter; and
2036 (B) invite the Office of the Legislative Fiscal Analyst to present a summary and
2037 analysis of the information for each tax credit regarding which the Office of the Legislative
2038 Fiscal Analyst is required to make a report under this chapter;
2039 (iv) ensure that the committee's recommendations described in this section include an
2040 evaluation of:
2041 (A) the cost of the tax credit to the state;
2042 (B) the purpose and effectiveness of the tax credit; and
2043 (C) the extent to which the state benefits from the tax credit; and
2044 (v) undertake other review efforts as determined by the committee chairs or as
2045 otherwise required by law.
2046 (3) (a) On or before November 30, 2017, and every three years after 2017, the
2047 committee shall conduct the review required under Subsection (2) of the tax credits allowed
2048 under the following sections:
2049 (i) Section 59-10-1004;
2050 (ii) Section 59-10-1010;
2051 (iii) Section 59-10-1015;
2052 (iv) Section 59-10-1025;
2053 (v) Section 59-10-1027;
2054 (vi) Section 59-10-1031;
2055 (vii) Section 59-10-1032;
2056 (viii) Section 59-10-1035;
2057 (ix) Section 59-10-1104;
2058 (x) Section 59-10-1105; and
2059 (xi) Section 59-10-1108.
2060 (b) On or before November 30, 2018, and every three years after 2018, the committee
2061 shall conduct the review required under Subsection (2) of the tax credits allowed under the
2062 following sections:
2063 (i) Section 59-10-1005;
2064 (ii) Section 59-10-1006;
2065 (iii) Section 59-10-1012;
2066 (iv) Section 59-10-1022;
2067 (v) Section 59-10-1023;
2068 (vi) Section 59-10-1028;
2069 (vii) Section 59-10-1034;
2070 (viii) Section 59-10-1037;
2071 (ix) Section 59-10-1107; and
2072 (x) Section 59-10-1112.
2073 (c) On or before November 30, 2019, and every three years after 2019, the committee
2074 shall conduct the review required under Subsection (2) of the tax credits allowed under the
2075 following sections:
2076 (i) Section 59-10-1007;
2077 (ii) Section 59-10-1014;
2078 (iii) Section 59-10-1017;
2079 (iv) Section 59-10-1018;
2080 (v) Section 59-10-1019;
2081 (vi) Section 59-10-1024;
2082 (vii) Section 59-10-1029;
2083 [
2084 [
2085 [
2086 [
2087 (d) (i) In addition to the reviews described in this Subsection (3), the committee shall
2088 conduct a review of a tax credit described in this chapter that is enacted on or after January 1,
2089 2017.
2090 (ii) The committee shall complete a review described in this Subsection (3)(d) three
2091 years after the effective date of the tax credit and every three years after the initial review date.
2092 Section 43. Section 59-10-1037 is amended to read:
2093 59-10-1037. Nonrefundable enterprise zone tax credit.
2094 (1) As used in this section:
2095 (a) "Business entity" means a claimant, estate, or trust that meets the definition of
2096 "business entity" as that term is defined in Section 63N-2-202.
2097 (b) "Office" means the Governor's Office of Economic [
2098 created in Section [
2099 (2) Subject to the provisions of this section, a business entity may claim a
2100 nonrefundable enterprise zone tax credit as described in Section 63N-2-213.
2101 (3) The enterprise zone tax credit under this section is the amount listed as the tax
2102 credit amount on the tax credit certificate that the office issues to the business entity for the
2103 taxable year.
2104 (4) A business entity may carry forward a tax credit under this section for a period that
2105 does not exceed the next three taxable years, if the amount of the tax credit exceeds the
2106 business entity's tax liability under this chapter for that taxable year.
2107 (5) A business entity may not claim or carry forward a tax credit under this part for a
2108 taxable year during which the business entity has claimed the targeted business income tax
2109 credit under Section 59-10-1112.
2110 (6) (a) In accordance with Section 59-10-137, the Revenue and Taxation Interim
2111 Committee shall study the tax credit allowed by this section and make recommendations
2112 concerning whether the tax credit should be continued, modified, or repealed.
2113 (b) (i) Except as provided in Subsection (6)(b)(ii), for purposes of the study required by
2114 this Subsection (6), the office shall provide by electronic means the following information, if
2115 available to the office, for each calendar year to the Office of the Legislative Fiscal Analyst:
2116 (A) the amount of tax credits provided in each development zone;
2117 (B) the number of new full-time employee positions reported to obtain tax credits in
2118 each development zone;
2119 (C) the amount of tax credits awarded for rehabilitating a building in each development
2120 zone;
2121 (D) the amount of tax credits awarded for investing in a plant, equipment, or other
2122 depreciable property in each development zone;
2123 (E) the information related to the tax credit contained in the office's latest report under
2124 Section [
2125 (F) other information that the Office of the Legislative Fiscal Analyst requests.
2126 (ii) (A) In providing the information described in Subsection (6)(b)(i), the office shall
2127 redact information that identifies a recipient of a tax credit under this section.
2128 (B) If, notwithstanding the redactions made under Subsection (6)(b)(ii)(A), reporting
2129 the information described in Subsection (6)(b)(i) might disclose the identity of a recipient of a
2130 tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
2131 provide the information described in Subsection (6)(b)(i) in the aggregate for all development
2132 zones that receive the tax credit under this section.
2133 (c) As part of the study required by this Subsection (6), the Office of the Legislative
2134 Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
2135 analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
2136 office under Subsection (6)(b).
2137 (d) The Revenue and Taxation Interim Committee shall ensure that the
2138 recommendations described in Subsection (6)(a) include an evaluation of:
2139 (i) the cost of the tax credit to the state;
2140 (ii) the purpose and effectiveness of the tax credit; and
2141 (iii) the extent to which the state benefits from the tax credit.
2142 Section 44. Section 59-10-1038 is amended to read:
2143 59-10-1038. Nonrefundable rural job creation tax credit.
2144 (1) As used in this section, "office" means the Governor's Office of Economic
2145 [
2146 (2) Subject to the other provisions of this section, a taxpayer may claim a
2147 nonrefundable tax credit for rural job creation as provided in this section.
2148 (3) The tax credit under this section is the amount listed as the tax credit amount on a
2149 tax credit certificate that the office issues under Title 63N, Chapter 4, Part 3, Utah Rural Jobs
2150 Act, to the taxpayer for the taxable year.
2151 (4) A taxpayer may carry forward a tax credit under this section for the next seven
2152 taxable years if the amount of the tax credit exceeds the taxpayer's tax liability under this
2153 chapter for the taxable year in which the taxpayer claims the tax credit.
2154 Section 45. Section 59-10-1107 is amended to read:
2155 59-10-1107. Refundable economic development tax credit.
2156 (1) As used in this section:
2157 (a) "Business entity" means a claimant, estate, or trust that meets the definition of
2158 "business entity" as defined in Section 63N-2-103.
2159 [
2160
2161 (b) "Incremental job" means the same as that term is defined in Section 63N-1a-102.
2162 (c) "New state [
2163 [
2164 (d) "Office" means the Governor's Office of Economic [
2165 (2) Subject to the other provisions of this section, a business entity may claim a
2166 refundable tax credit for economic development.
2167 (3) The tax credit under this section is the amount listed as the tax credit amount on the
2168 tax credit certificate that the office issues to the business entity for the taxable year.
2169 (4) (a) In accordance with any rules prescribed by the commission under Subsection
2170 (4)(b), the commission shall make a refund to a business entity that claims a tax credit under
2171 this section if the amount of the tax credit exceeds the business entity's tax liability for a
2172 taxable year.
2173 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2174 commission may make rules providing procedures for making a refund to a business entity as
2175 required by Subsection (4)(a).
2176 (5) (a) In accordance with Section 59-10-137, the Revenue and Taxation Interim
2177 Committee shall study the tax credit allowed by this section and make recommendations
2178 concerning whether the tax credit should be continued, modified, or repealed.
2179 (b) Except as provided in Subsection (5)(c), for purposes of the study required by this
2180 Subsection (5), the office shall provide the following information, if available to the office, to
2181 the Revenue and Taxation Interim Committee by electronic means:
2182 (i) the amount of tax credit the office grants to each taxpayer for each calendar year;
2183 (ii) the criteria the office uses in granting a tax credit;
2184 (iii) the new state [
2185 year;
2186 (iv) estimates for each of the next three calendar years of the following:
2187 (A) the amount of tax credits that the office will grant;
2188 (B) the amount of new state [
2189 (C) the number of new incremental jobs within the state that will be generated;
2190 (v) the information contained in the office's latest report under Section 63N-2-106; and
2191 (vi) any other information that the Revenue and Taxation Interim Committee requests.
2192 (c) (i) In providing the information described in Subsection (5)(b), the office shall
2193 redact information that identifies a recipient of a tax credit under this section.
2194 (ii) If, notwithstanding the redactions made under Subsection (5)(c)(i), reporting the
2195 information described in Subsection (5)(b) might disclose the identity of a recipient of a tax
2196 credit, the office may file a request with the Revenue and Taxation Interim Committee to
2197 provide the information described in Subsection (5)(b) in the aggregate for all taxpayers that
2198 receive the tax credit under this section.
2199 (d) The Revenue and Taxation Interim Committee shall ensure that the
2200 recommendations described in Subsection (5)(a) include an evaluation of:
2201 (i) the cost of the tax credit to the state;
2202 (ii) the purpose and effectiveness of the tax credit; and
2203 (iii) the extent to which the state benefits from the tax credit.
2204 Section 46. Section 59-10-1108 is amended to read:
2205 59-10-1108. Refundable motion picture tax credit.
2206 (1) As used in this section:
2207 (a) "Motion picture company" means a claimant, estate, or trust that meets the
2208 definition of a motion picture company under Section 63N-8-102.
2209 (b) "Office" means the Governor's Office of Economic [
2210 created in Section [
2211 (c) "State-approved production" means the same as that term is defined in Section
2212 63N-8-102.
2213 (2) For a taxable year beginning on or after January 1, 2009, a motion picture company
2214 may claim a refundable tax credit for a state-approved production.
2215 (3) The tax credit under this section is the amount listed as the tax credit amount on the
2216 tax credit certificate that the office issues to a motion picture company under Section
2217 63N-8-103 for the taxable year.
2218 (4) (a) In accordance with any rules prescribed by the commission under Subsection
2219 (4)(b), the commission shall make a refund to a motion picture company that claims a tax
2220 credit under this section if the amount of the tax credit exceeds the motion picture company's
2221 tax liability for the taxable year.
2222 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2223 commission may make rules providing procedures for making a refund to a motion picture
2224 company as required by Subsection (4)(a).
2225 (5) (a) In accordance with Section 59-10-137, the Revenue and Taxation Interim
2226 Committee shall study the tax credit allowed by this section and make recommendations
2227 concerning whether the tax credit should be continued, modified, or repealed.
2228 (b) (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required by
2229 this Subsection (5), the office shall provide the following information, if available to the office,
2230 to the Office of the Legislative Fiscal Analyst by electronic means:
2231 (A) the amount of tax credit the office grants to each taxpayer for each calendar year;
2232 (B) estimates of the amount of tax credit that the office will grant for each of the next
2233 three calendar years;
2234 (C) the criteria the office uses in granting a tax credit;
2235 (D) the dollars left in the state, as defined in Section 63N-8-102, by each motion
2236 picture company for each calendar year;
2237 (E) the information contained in the office's latest report under Section 63N-8-105; and
2238 (F) any other information that the Office of the Legislative Fiscal Analyst requests.
2239 (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
2240 redact information that identifies a recipient of a tax credit under this section.
2241 (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A), reporting
2242 the information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a
2243 tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
2244 provide the information described in Subsection (5)(b)(i) in the aggregate for all taxpayers that
2245 receive the tax credit under this section.
2246 (c) As part of the study required by this Subsection (5), the Office of the Legislative
2247 Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
2248 analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
2249 office under Subsection (5)(b).
2250 (d) The Revenue and Taxation Interim Committee shall ensure that the
2251 recommendations described in Subsection (5)(a) include an evaluation of:
2252 (i) the cost of the tax credit to the state;
2253 (ii) the effectiveness of the tax credit; and
2254 (iii) the extent to which the state benefits from the tax credit.
2255 Section 47. Section 59-10-1112 is amended to read:
2256 59-10-1112. Targeted business income tax credit.
2257 (1) As used in this section, "business applicant" means the same as that term is defined
2258 in Section 63N-2-302.
2259 (2) A business applicant that is certified and issued a targeted business income tax
2260 eligibility certificate by the Governor's Office of Economic [
2261 Section 63N-2-304 may claim a refundable tax credit in the amount specified on the targeted
2262 business income tax eligibility certificate.
2263 (3) For a taxable year for which a business applicant claims a targeted business income
2264 tax credit under this section, the business applicant may not claim or carry forward a tax credit
2265 under Section 59-7-610, Section 59-10-1007, or Title 63N, Chapter 2, Part 2, Enterprise Zone
2266 Act.
2267 Section 48. Section 63A-3-111 is amended to read:
2268 63A-3-111. COVID-19 economic recovery programs reports.
2269 (1) As used in this section:
2270 (a) "COVID-19 economic recovery programs" means the programs created in:
2271 (i) Title 9, Chapter 6, Part 9, COVID-19 Cultural Assistance Grant Program;
2272 (ii) Subsection [
2273 (iii) Title 63N, Chapter 15, COVID-19 Economic Recovery Programs.
2274 (b) "Legislative committee" means:
2275 (i) the president of the Senate;
2276 (ii) the speaker of the House of Representatives;
2277 (iii) the minority leader of the Senate; and
2278 (iv) the minority leader of the House of Representatives.
2279 (2) Upon receiving the reports required by Sections 9-6-903, 63N-15-202, and
2280 63N-15-302 and Subsection [
2281 Division of Arts and Museums and the Governor's Office of Economic [
2282 Opportunity, shall present to the legislative committee the COVID-19 economic recovery
2283 programs.
2284 (3) The legislative committee may make recommendations for adjustments to the
2285 COVID-19 economic recovery programs.
2286 Section 49. Section 63B-18-401 is amended to read:
2287 63B-18-401. Highway bonds -- Maximum amount -- Use of proceeds for highway
2288 projects.
2289 (1) (a) The total amount of bonds issued under this section may not exceed
2290 $2,077,000,000.
2291 (b) When the Department of Transportation certifies to the commission that the
2292 requirements of Subsection 72-2-124(7) have been met and certifies the amount of bond
2293 proceeds that it needs to provide funding for the projects described in Subsection (2) for the
2294 next fiscal year, the commission may issue and sell general obligation bonds in an amount
2295 equal to the certified amount plus costs of issuance.
2296 (2) Except as provided in Subsections (3) and (4), proceeds from the issuance of bonds
2297 shall be provided to the Department of Transportation to pay all or part of the costs of the
2298 following state highway construction or reconstruction projects:
2299 (a) Interstate 15 reconstruction in Utah County;
2300 (b) the Mountain View Corridor;
2301 (c) the Southern Parkway; and
2302 (d) state and federal highways prioritized by the Transportation Commission through:
2303 (i) the prioritization process for new transportation capacity projects adopted under
2304 Section 72-1-304; or
2305 (ii) the state highway construction program.
2306 (3) (a) Except as provided in Subsection (5), the bond proceeds issued under this
2307 section shall be provided to the Department of Transportation.
2308 (b) The Department of Transportation shall use bond proceeds and the funds provided
2309 to it under Section 72-2-124 to pay for the costs of right-of-way acquisition, construction,
2310 reconstruction, renovations, or improvements to the following highways:
2311 (i) $35 million to add highway capacity on I-15 south of the Spanish Fork Main Street
2312 interchange to Payson;
2313 (ii) $28 million for improvements to Riverdale Road in Ogden;
2314 (iii) $1 million for intersection improvements on S.R. 36 at South Mountain Road;
2315 (iv) $2 million for capacity enhancements on S.R. 248 between Sidewinder Drive and
2316 Richardson Flat Road;
2317 (v) $12 million for Vineyard Connector from 800 North Geneva Road to Lake Shore
2318 Road;
2319 (vi) $7 million for 2600 South interchange modifications in Woods Cross;
2320 (vii) $9 million for reconfiguring the 1100 South interchange on I-15 in Box Elder
2321 County;
2322 (viii) $18 million for the Provo west-side connector;
2323 (ix) $8 million for interchange modifications on I-15 in the Layton area;
2324 (x) $3,000,000 for an energy corridor study and environmental review for
2325 improvements in the Uintah Basin;
2326 (xi) $2,000,000 for highway improvements to Harrison Boulevard in Ogden City;
2327 (xii) $2,500,000 to be provided to Tooele City for roads around the Utah State
2328 University campus to create improved access to an institution of higher education;
2329 (xiii) $3,000,000 to be provided to the Utah Office of Tourism within the Governor's
2330 Office of Economic [
2331 associated with annual tourism events that have:
2332 (A) a significant economic development impact within the state; and
2333 (B) significant needs for congestion mitigation;
2334 (xiv) $4,500,000 to be provided to the Governor's Office of Economic [
2335 Opportunity for transportation infrastructure acquisitions and improvements that have a
2336 significant economic development impact within the state;
2337 (xv) $125,000,000 to pay all or part of the costs of state and federal highway
2338 construction or reconstruction projects prioritized by the Transportation Commission through
2339 the prioritization process for new transportation capacity projects adopted under Section
2340 72-1-304;
2341 (xvi) $10,000,000 for the Transportation Fund to pay all or part of the costs of state
2342 and federal highway construction or reconstruction projects as prioritized by the Transportation
2343 Commission;
2344 (xvii) $13,000,000 for corridor preservation and land acquisition for a transit hub at the
2345 mouth of Big Cottonwood Canyon;
2346 (xviii) $10,000,000 to be provided to the Governor's Office of Economic
2347 [
2348 project area created by the military installation development authority created in Section
2349 63H-1-201;
2350 (xix) $28,000,000 for right-of-way or land acquisition, design, engineering, and
2351 construction of infrastructure related to the Inland Port Authority created in Section 11-58-201;
2352 (xx) $6,000,000 for right-of-way acquisition, design, engineering, and construction
2353 related to Shepard Lane in Davis County; and
2354 (xxi) $4,000,000 for right-of-way acquisition, design, engineering, and construction
2355 costs related to 1600 North in Orem City.
2356 (4) (a) The Department of Transportation shall use bond proceeds and the funds under
2357 Section 72-2-121 to pay for, or to provide funds to, a municipality, county, or political
2358 subdivision to pay for the costs of right-of-way acquisition, construction, reconstruction,
2359 renovations, or improvements to the following highway or transit projects in Salt Lake County:
2360 (i) $4,000,000 to Taylorsville City for bus rapid transit planning on 4700 South;
2361 (ii) $4,200,000 to Taylorsville City for highway improvements on or surrounding 6200
2362 South and pedestrian crossings and system connections;
2363 (iii) $2,250,000 to Herriman City for highway improvements to the Salt Lake
2364 Community College Road;
2365 (iv) $5,300,000 to West Jordan City for highway improvements on 5600 West from
2366 6200 South to 8600 South;
2367 (v) $4,000,000 to West Jordan City for highway improvements to 7800 South from
2368 1300 West to S.R. 111;
2369 (vi) $7,300,000 to Sandy City for highway improvements on Monroe Street;
2370 (vii) $3,000,000 to Draper City for highway improvements to 13490 South from 200
2371 West to 700 West;
2372 (viii) $5,000,000 to Draper City for highway improvements to Suncrest Road;
2373 (ix) $1,200,000 to Murray City for highway improvements to 5900 South from State
2374 Street to 900 East;
2375 (x) $1,800,000 to Murray City for highway improvements to 1300 East;
2376 (xi) $3,000,000 to South Salt Lake City for intersection improvements on West
2377 Temple, Main Street, and State Street;
2378 (xii) $2,000,000 to Salt Lake County for highway improvements to 5400 South from
2379 5600 West to Mountain View Corridor;
2380 (xiii) $3,000,000 to West Valley City for highway improvements to 6400 West from
2381 Parkway Boulevard to SR-201 Frontage Road;
2382 (xiv) $4,300,000 to West Valley City for highway improvements to 2400 South from
2383 4800 West to 7200 West and pedestrian crossings;
2384 (xv) $4,000,000 to Salt Lake City for highway improvements to 700 South from 2800
2385 West to 5600 West;
2386 (xvi) $2,750,000 to Riverton City for highway improvements to 4570 West from
2387 12600 South to Riverton Boulevard;
2388 (xvii) $1,950,000 to Cottonwood Heights for improvements to Union Park Avenue
2389 from I-215 exit south to Creek Road and Wasatch Boulevard and Big Cottonwood Canyon;
2390 (xviii) $1,300,000 to Cottonwood Heights for highway improvements to Bengal
2391 Boulevard;
2392 (xix) $1,500,000 to Midvale City for highway improvements to 7200 South from I-15
2393 to 1000 West;
2394 (xx) $1,000,000 to Bluffdale City for an environmental impact study on Porter
2395 Rockwell Boulevard;
2396 (xxi) $2,900,000 to the Utah Transit Authority for the following public transit studies:
2397 (A) a circulator study; and
2398 (B) a mountain transport study; and
2399 (xxii) $1,000,000 to South Jordan City for highway improvements to 2700 West.
2400 (b) (i) Before providing funds to a municipality or county under this Subsection (4), the
2401 Department of Transportation shall obtain from the municipality or county:
2402 (A) a written certification signed by the county or city mayor or the mayor's designee
2403 certifying that the municipality or county will use the funds provided under this Subsection (4)
2404 solely for the projects described in Subsection (4)(a); and
2405 (B) other documents necessary to protect the state and the bondholders and to ensure
2406 that all legal requirements are met.
2407 (ii) Except as provided in Subsection (4)(c), by January 1 of each year, the municipality
2408 or county receiving funds described in this Subsection (4) shall submit to the Department of
2409 Transportation a statement of cash flow for the next fiscal year detailing the funds necessary to
2410 pay project costs for the projects described in Subsection (4)(a).
2411 (iii) After receiving the statement required under Subsection (4)(b)(ii) and after July 1,
2412 the Department of Transportation shall provide funds to the municipality or county necessary to
2413 pay project costs for the next fiscal year based upon the statement of cash flow submitted by
2414 the municipality or county.
2415 (iv) Upon the financial close of each project described in Subsection (4)(a), the
2416 municipality or county receiving funds under this Subsection (4) shall submit a statement to the
2417 Department of Transportation detailing the expenditure of funds received for each project.
2418 (c) For calendar year 2012 only:
2419 (i) the municipality or county shall submit to the Department of Transportation a
2420 statement of cash flow as provided in Subsection (4)(b)(ii) as soon as possible; and
2421 (ii) the Department of Transportation shall provide funds to the municipality or county
2422 necessary to pay project costs based upon the statement of cash flow.
2423 (5) Twenty million dollars of the bond proceeds issued under this section and funds
2424 available under Section 72-2-124 shall be provided to the State Infrastructure Bank Fund
2425 created by Section 72-2-202 to make funds available for transportation infrastructure loans and
2426 transportation infrastructure assistance under Title 72, Chapter 2, Part 2, State Infrastructure
2427 Bank Fund.
2428 (6) The costs under Subsections (2), (3), and (4) may include the costs of studies
2429 necessary to make transportation infrastructure improvements, the cost of acquiring land,
2430 interests in land, easements and rights-of-way, improving sites, and making all improvements
2431 necessary, incidental, or convenient to the facilities, interest estimated to accrue on these bonds
2432 during the period to be covered by construction of the projects plus a period of six months after
2433 the end of the construction period, interest estimated to accrue on any bond anticipation notes
2434 issued under the authority of this title, and all related engineering, architectural, and legal fees.
2435 (7) The commission or the state treasurer may make any statement of intent relating to
2436 a reimbursement that is necessary or desirable to comply with federal tax law.
2437 (8) The Department of Transportation may enter into agreements related to the projects
2438 described in Subsections (2), (3), and (4) before the receipt of proceeds of bonds issued under
2439 this section.
2440 (9) The Department of Transportation may enter into a new or amend an existing
2441 interlocal agreement related to the projects described in Subsections (3) and (4) to establish any
2442 necessary covenants or requirements not otherwise provided for by law.
2443 Section 50. Section 63B-24-201 is amended to read:
2444 63B-24-201. Authorizations to design and construct capital facilities using
2445 institutional or agency funds.
2446 (1) The Legislature intends that:
2447 (a) the University of Utah may, subject to the requirements of Title 63A, Chapter 5b,
2448 Administration of State Facilities, use up to $8,200,000 in institutional funds to plan, design,
2449 and construct the William C. Browning Building Addition with up to 24,000 square feet;
2450 (b) the university may not use state funds for any portion of this project; and
2451 (c) the university may use state funds for operation and maintenance costs or capital
2452 improvements.
2453 (2) The Legislature intends that:
2454 (a) Utah State University may, subject to the requirements of Title 63A, Chapter 5b,
2455 Administration of State Facilities, use up to $10,000,000 in institutional funds to plan, design,
2456 and construct the Fine Arts Complex Addition/Renovation with up to 17,000 square feet;
2457 (b) the university may not use state funds for any portion of this project; and
2458 (c) the university may use state funds for operation and maintenance costs or capital
2459 improvements.
2460 (3) The Legislature intends that:
2461 (a) Salt Lake Community College may, subject to the requirements of Title 63A,
2462 Chapter 5b, Administration of State Facilities, use up to $3,900,000 in institutional funds to
2463 plan, design, and construct a Strength and Conditioning Center with up to 11,575 square feet;
2464 (b) the college may not use state funds for any portion of this project; and
2465 (c) the college may not request state funds for operation and maintenance costs or
2466 capital improvements.
2467 (4) The Legislature intends that:
2468 (a) the Governor's Office of Economic [
2469 requirements of Title 63A, Chapter 5b, Administration of State Facilities, use up to $1,800,000
2470 in nonlapsing balances and donations to plan, design, and construct or lease a Southern Utah
2471 Welcome Center with up to 5,000 square feet;
2472 (b) the office may request additional state funds for the project, unless the office
2473 receives donations and begins design or construction of the project; and
2474 (c) the office may use state funds for operation and maintenance costs or capital
2475 improvements.
2476 Section 51. Section 63C-17-103 is amended to read:
2477 63C-17-103. Creation of Point of the Mountain Development Commission --
2478 Members.
2479 (1) There is created the Point of the Mountain Development Commission consisting of
2480 the following 15 members:
2481 (a) two members shall be members of the Senate appointed by the president of the
2482 Senate;
2483 (b) two members shall be members of the House of Representatives appointed by the
2484 speaker of the House of Representatives;
2485 (c) one member shall be the mayor of Lehi City, Utah, or the mayor's designee;
2486 (d) one member shall be the mayor of Draper City, Utah, or the mayor's designee;
2487 (e) one member shall be the mayor of Salt Lake County, or the mayor's designee;
2488 (f) one member shall be an appointee of the Utah County Commission;
2489 (g) two members shall be mayors of communities in or close to the project area who
2490 shall be appointed by the Utah League of Cities and Towns;
2491 (h) one member shall be an appointee of the Economic Development Corporation of
2492 Utah;
2493 (i) one member, who is a member of the Board of the Governor's Office of Economic
2494 [
2495 (j) one member, who is an employee of the Governor's Office of Economic
2496 [
2497 (k) one member shall be a member of the public, representing the school boards in or
2498 close to the project area, jointly appointed by the president of the Senate and the speaker of the
2499 House of Representatives; and
2500 (l) one member shall be a member of the public, representing the information
2501 technology sector with a physical presence within the project area, jointly appointed by the
2502 president of the Senate and the speaker of the House of Representatives.
2503 (2) (a) The president of the Senate and the speaker of the House of Representatives
2504 shall jointly designate a member of the Legislature appointed under Subsection (1)(a) or (b) as
2505 a cochair of the commission.
2506 (b) The governor shall designate a representative from the Governor's Office of
2507 Economic [
2508 the commission.
2509 (3) Any vacancy shall be filled in the same manner under this section as the
2510 appointment of the member whose vacancy is being filled.
2511 (4) Each member of the commission shall serve until a successor is appointed and
2512 qualified.
2513 (5) A majority of members constitutes a quorum. The action of a majority of a quorum
2514 constitutes the action of the commission.
2515 Section 52. Section 63C-17-105 is amended to read:
2516 63C-17-105. Commission staff and expenses.
2517 The Office of Legislative Research and General Counsel, in coordination with the
2518 Governor's Office of Economic [
2519 commission.
2520 Section 53. Section 63G-21-102 is amended to read:
2521 63G-21-102. Definitions.
2522 As used in this chapter:
2523 (1) "Designated agency" means:
2524 (a) the Governor's Office of Economic [
2525 (b) the Division of Wildlife Resources;
2526 (c) the Department of Public Safety;
2527 (d) the Department of Technology Services; or
2528 (e) the Department of Workforce Services.
2529 (2) (a) "State service" means a service or benefit regularly provided to the public by a
2530 designated agency.
2531 (b) "State service" includes:
2532 (i) for the Governor's Office of Economic [
2533 Department of Technology Services, public high-speed Internet access;
2534 (ii) for the Division of Wildlife Resources, fishing, hunting, and trapping licenses;
2535 (iii) for the Department of Public Safety, fingerprinting, an online driver license
2536 renewal, online appointment scheduling, an online motor vehicle record request, and an online
2537 change of address with the Driver License Division; and
2538 (iv) for the Department of Workforce Services, online job searches, verification of
2539 submission for benefits administered by the Department of Workforce Services, online
2540 unemployment applications, online food stamp applications, and online appointment
2541 scheduling.
2542 (3) "USPS" means the United States Postal Service.
2543 Section 54. Section 63G-21-201 is amended to read:
2544 63G-21-201. Limited authorization to provide state services at post office
2545 locations.
2546 (1) If allowed by federal law, a designated agency may negotiate and enter into an
2547 agreement with USPS that allows USPS to provide one or more state services at one or more
2548 post office locations within the state.
2549 (2) The designated agency shall ensure that the agreement described in Subsection (1)
2550 includes:
2551 (a) the term of the agreement, which may not extend beyond July 1, 2025;
2552 (b) provisions to ensure the security of state data and resources;
2553 (c) provisions to provide training to USPS employees on how to provide each state
2554 service in the agreement;
2555 (d) except as provided in Subsection (2)(e), provisions authorizing compensation to
2556 USPS for at least 100% of attributable costs of all property and services that USPS provides
2557 under the agreement; and
2558 (e) if the agreement is between USPS and the Division of Wildlife Resources to sell
2559 fishing, hunting, or trapping licenses, provisions requiring compliance with Section 23-19-15
2560 regarding wildlife license agents, including remuneration for services rendered.
2561 (3) After one or more designated agencies enter into an agreement described in
2562 Subsection (1), the Governor's Office of Economic [
2563 marketing campaign to advertise and promote the availability of state services at each selected
2564 USPS location.
2565 Section 55. Section 63H-1-801 is amended to read:
2566 63H-1-801. Dissolution of authority -- Restrictions -- Filing copy of ordinance --
2567 Authority records -- Dissolution expenses.
2568 (1) The authority may not be dissolved unless the authority has no outstanding bonded
2569 indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual
2570 obligations with persons or entities other than the state.
2571 (2) Upon the dissolution of the authority:
2572 (a) the Governor's Office of Economic [
2573 notice of dissolution:
2574 (i) in a newspaper of general circulation in the county in which the dissolved authority
2575 is located; and
2576 (ii) as required in Section 45-1-101; and
2577 (b) all title to property owned by the authority vests in the state.
2578 (3) The books, documents, records, papers, and seal of each dissolved authority shall
2579 be deposited for safekeeping and reference with the state auditor.
2580 (4) The authority shall pay all expenses of the deactivation and dissolution.
2581 Section 56. Section 63H-2-204 is amended to read:
2582 63H-2-204. Dissolution of authority.
2583 (1) Subject to the other provisions of this section, the board may dissolve the authority:
2584 (a) if the board determines that the authority can no longer comply with the
2585 requirements of this chapter; and
2586 (b) by a vote of at least five members of the board.
2587 (2) The authority may not be dissolved if the authority has any of the following:
2588 (a) an outstanding bonded indebtedness;
2589 (b) an unpaid loan, indebtedness, or advance; or
2590 (c) a legally binding contractual obligation with a person other than the state.
2591 (3) Upon the dissolution of the authority:
2592 (a) the Governor's Office of Economic [
2593 notice of dissolution:
2594 (i) in a newspaper of general circulation in each county in which a qualifying energy
2595 delivery project is located; and
2596 (ii) electronically, in accordance with Section 45-1-101;
2597 (b) the authority shall deposit its records with the state auditor, to be retained for the
2598 time period determined by the state auditor; and
2599 (c) the assets of the authority shall revert to the state.
2600 (4) The authority shall pay the expenses of dissolution and winding up the affairs of the
2601 authority.
2602 (5) If a dissolution under this section is part of a privatization of the authority, the
2603 dissolution is subject to Title 63E, Chapter 1, Part 4, Privatization of Independent Entities.
2604 Section 57. Section 63I-1-235 is amended to read:
2605 63I-1-235. Repeal dates, Title 35A.
2606 [
2607
2608 [
2609 repealed July 1, 2021.
2610 [
2611 repealed July 1, 2021.
2612 [
2613 the federal Wage and Hour Division, is repealed July 1, 2022.
2614 [
2615 is repealed July 1, 2022.
2616 [
2617 repealed July 1, 2023.
2618 [
2619 [
2620 January 1, 2025.
2621 [
2622 Committee on Employment of People with Disabilities, are repealed July 1, 2023.
2623 [
2624 Council, is repealed July 1, 2024.
2625 [
2626 Services for the Blind and Visually Impaired, is repealed July 1, 2025.
2627 [
2628 Certification Board, are repealed July 1, 2026.
2629 Section 58. Section 63I-1-263 is amended to read:
2630 63I-1-263. Repeal dates, Titles 63A to 63N.
2631 (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
2632 (a) Subsection 63A-1-201(1) is repealed;
2633 (b) Subsection 63A-1-202(2)(c), the language "using criteria established by the board"
2634 is repealed;
2635 (c) Section 63A-1-203 is repealed;
2636 (d) Subsections 63A-1-204(1) and (2), the language "After consultation with the board,
2637 and" is repealed; and
2638 (e) Subsection 63A-1-204(1)(b), the language "using the standards provided in
2639 Subsection 63A-1-203(3)(c)" is repealed.
2640 (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
2641 improvement funding, is repealed July 1, 2024.
2642 (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
2643 2023.
2644 (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
2645 Committee, are repealed July 1, 2023.
2646 (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
2647 1, 2028.
2648 (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2649 2025.
2650 (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2651 2024.
2652 (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
2653 repealed July 1, 2021.
2654 (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
2655 July 1, 2023.
2656 (10) Title 63C, Chapter 21, Outdoor Adventure Commission, is repealed July 1, 2025.
2657 (11) Title 63F, Chapter 2, Data Security Management Council, is repealed July 1,
2658 2025.
2659 (12) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
2660 Advisory Board, is repealed July 1, 2026.
2661 (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2662 2025.
2663 (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2664 2024.
2665 (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
2666 (16) Subsection 63J-1-602.1(14), Nurse Home Visiting Restricted Account is repealed
2667 July 1, 2026.
2668 (17) (a) Subsection 63J-1-602.1(58), relating to the Utah Statewide Radio System
2669 Restricted Account, is repealed July 1, 2022.
2670 (b) When repealing Subsection 63J-1-602.1(58), the Office of Legislative Research and
2671 General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
2672 necessary changes to subsection numbering and cross references.
2673 (18) Subsection 63J-1-602.2(4), referring to dedicated credits to the Utah Marriage
2674 Commission, is repealed July 1, 2023.
2675 (19) Subsection 63J-1-602.2(5), referring to the Trip Reduction Program, is repealed
2676 July 1, 2022.
2677 (20) Subsection 63J-1-602.2(25), related to the Utah Seismic Safety Commission, is
2678 repealed January 1, 2025.
2679 (21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
2680 repealed July 1, 2027.
2681 (22) Subsection 63J-4-608(3), which creates the Federal Land Application Advisory
2682 Committee, is repealed on July 1, 2021.
2683 (23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
2684 January 1, 2023:
2685 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
2686 repealed;
2687 (b) Section 63M-7-305, the language that states "council" is replaced with
2688 "commission";
2689 (c) Subsection 63M-7-305(1) is repealed and replaced with:
2690 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
2691 (d) Subsection 63M-7-305(2) is repealed and replaced with:
2692 "(2) The commission shall:
2693 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
2694 Drug-Related Offenses Reform Act; and
2695 (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
2696 Subsections 77-18-1(5)(b)(iii) and (iv).".
2697 (24) The Crime Victim Reparations and Assistance Board, created in Section
2698 63M-7-504, is repealed July 1, 2027.
2699 (25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
2700 1, 2022.
2701 (26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
2702 [
2703
2704 [
2705 Coordinating Council, is repealed July 1, 2024.
2706 [
2707 [
2708 [
2709 January 1, 2021.
2710 (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
2711 calendar years beginning on or after January 1, 2021.
2712 (c) Notwithstanding Subsection [
2713 in accordance with Section 59-9-107 if:
2714 (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
2715 31, 2020; and
2716 (ii) the qualified equity investment that is the basis of the tax credit is certified under
2717 Section 63N-2-603 on or before December 31, 2023.
2718 [
2719 [
2720 repealed July 1, 2023.
2721 [
2722 July 1, 2025.
2723 [
2724 Program, is repealed January 1, [
2725 [
2726
2727 Section 59. Section 63I-2-263 is amended to read:
2728 63I-2-263. Repeal dates, Title 63A to Title 63N.
2729 (1) On July 1, 2020:
2730 (a) Subsection 63A-1-203(5)(a)(i) is repealed; and
2731 (b) in Subsection 63A-1-203(5)(a)(ii), the language that states "appointed on or after
2732 May 8, 2018," is repealed.
2733 (2) Section 63A-3-111 is repealed June 30, 2021.
2734 (3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
2735 repealed July 1, 2021.
2736 (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
2737 Commission is repealed July 1, 2023.
2738 (5) The following sections regarding the World War II Memorial Commission are
2739 repealed on July 1, 2022:
2740 (a) Section 63G-1-801;
2741 (b) Section 63G-1-802;
2742 (c) Section 63G-1-803; and
2743 (d) Section 63G-1-804.
2744 (6) Subsections 63G-6a-802(1)(d) and 63G-6a-802(3)(b)(iii), regarding a procurement
2745 relating to a vice presidential debate, are repealed January 1, 2021.
2746 (7) In relation to the State Fair Park Committee, on January 1, 2021:
2747 (a) Section 63H-6-104.5 is repealed; and
2748 (b) Subsections 63H-6-104(8) and (9) are repealed.
2749 (8) Section 63H-7a-303 is repealed July 1, 2024.
2750 (9) Subsection 63J-1-206(3)(c), relating to coronavirus, is repealed July 1, 2021.
2751 (10) In relation to the Employability to Careers Program Board, on July 1, 2022:
2752 (a) Subsection 63J-1-602.1(57) is repealed;
2753 (b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
2754 and
2755 (c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
2756 (11) Title 63M, Chapter 4, Part 8, Voluntary Home Energy Information Pilot Program
2757 Act, is repealed January 1, 2022.
2758 (12) Sections 63M-7-213 and 63M-7-213.5 are repealed on January 1, 2023.
2759 (13) Subsection [
2760 of Economic Opportunity to respond to the COVID-19 pandemic by directing financial grants
2761 to institutions of higher education, is repealed December 31, 2021.
2762 (14) Title 63N, Chapter 13, Part 3, Facilitating Public-Private Partnerships Act, is
2763 repealed January 1, 2024.
2764 (15) Title 63N, Chapter 15, COVID-19 Economic Recovery Programs, is repealed
2765 December 31, 2021.
2766 Section 60. Section 63J-4-301 is amended to read:
2767 63J-4-301. Duties of the executive director and office.
2768 (1) The executive director and the office shall:
2769 (a) comply with the procedures and requirements of Title 63J, Chapter 1, Budgetary
2770 Procedures Act;
2771 (b) under the direct supervision of the governor, assist the governor in the preparation
2772 of the governor's budget recommendations;
2773 (c) review agency budget execution plans as specified in Section 63J-1-209;
2774 (d) establish benchmarking practices for measuring operational costs, quality of
2775 service, and effectiveness across all state agencies and programs;
2776 (e) assist agencies with the development of an operational plan that uses continuous
2777 improvement tools and operational metrics to increase statewide capacity and improve
2778 interagency integration;
2779 (f) review and assess agency budget requests and expenditures using a clear set of goals
2780 and measures;
2781 (g) develop and maintain enterprise portfolio and electronic information systems to
2782 select and oversee the execution of projects, ensure a return on investment, and trace and report
2783 performance metrics;
2784 (h) coordinate with the executive directors of the Department of Workforce Services
2785 and the Governor's Office of Economic [
2786 to be reported to the Legislature as described in Subsection 63J-4-708(2)(d); and
2787 (i) perform other duties and responsibilities as assigned by the governor.
2788 (2) (a) The executive director of the Governor's Office of Management and Budget or
2789 the executive director's designee is the Federal Assistance Management Officer.
2790 (b) In acting as the Federal Assistance Management Officer, the executive director or
2791 designee shall:
2792 (i) study the administration and effect of federal assistance programs in the state and
2793 advise the governor and the Legislature, through the Office of Legislative Fiscal Analyst and
2794 the Executive Appropriations Committee, of alternative recommended methods and procedures
2795 for the administration of these programs;
2796 (ii) assist in the coordination of federal assistance programs that involve or are
2797 administered by more than one state agency; and
2798 (iii) analyze and advise on applications for new federal assistance programs submitted
2799 to the governor for approval as required by Chapter 5, Federal Funds Procedures Act.
2800 Section 61. Section 63J-4-708 is amended to read:
2801 63J-4-708. Reporting.
2802 (1) On or before October 1, the board shall provide an annual written report to the
2803 Social Services Appropriations Subcommittee, the Economic Development and Workforce
2804 Services Interim Committee, and the [
2805
2806 63N-1b-301.
2807 (2) The written report shall include:
2808 (a) information regarding the fiscal intermediary, the programmatic intermediary, the
2809 eligible program provider, and the independent evaluator that have been selected;
2810 (b) the results of the feasibility analysis conducted in accordance with Section
2811 63J-4-706;
2812 (c) information regarding how many eligible participants have been served by the
2813 education, employability training, and workforce placement program;
2814 (d) data and metrics:
2815 (i) used to measure the progress, performance, effectiveness, and scope of the
2816 Employability to Careers Program, including summary data; and
2817 (ii) that are consistent and comparable for each state operation, activity, program, or
2818 service that primarily involves employment training or placement as determined by the
2819 executive directors of the office, the Department of Workforce Services, and the Governor's
2820 Office of Economic [
2821 (e) a description of program expenses, including what payments have been made to the
2822 intermediary and the cost to the state for each successful eligible participant outcome; and
2823 (f) recommendations to the Legislature on any potential improvements to the
2824 Employability to Careers Program, including whether the program should continue to receive
2825 funding from the state.
2826 Section 62. Section 63L-2-301 is amended to read:
2827 63L-2-301. Promoting or lobbying for a federal designation within the state.
2828 (1) As used in this section:
2829 (a) "Federal designation" means the designation of a:
2830 (i) national monument;
2831 (ii) national conservation area;
2832 (iii) wilderness area or wilderness study area;
2833 (iv) area of critical environmental concern;
2834 (v) research natural area; or
2835 (vi) national recreation area.
2836 (b) (i) "Governmental entity" means:
2837 (A) a state-funded institution of higher education or public education;
2838 (B) a political subdivision of the state;
2839 (C) an office, agency, board, bureau, committee, department, advisory board, or
2840 commission that the government funds or establishes to carry out the public's business,
2841 regardless of whether the office, agency board, bureau, committee, department, advisory board,
2842 or commission is composed entirely of public officials or employees;
2843 (D) an interlocal entity as defined in Section 11-13-103 or a joint or cooperative
2844 undertaking as defined in Section 11-13-103;
2845 (E) a governmental nonprofit corporation as defined in Section 11-13a-102; or
2846 (F) an association as defined in Section 53G-7-1101.
2847 (ii) "Governmental entity" does not mean:
2848 (A) the School and Institutional Trust Lands Administration created in Section
2849 53C-1-201;
2850 (B) the School and Institutional Trust Lands Board of Trustees created in Section
2851 53C-1-202;
2852 (C) the Office of the Governor;
2853 (D) the Governor's Office of Management and Budget created in Section 63J-4-201;
2854 (E) the Public Lands Policy Coordinating Office created in Section 63J-4-602;
2855 (F) the Office of Energy Development created in Section 63M-4-401; or
2856 (G) the Governor's Office of Economic [
2857 [
2858
2859 Subcommittee created in Section 63N-1b-301.
2860 (2) (a) A governmental entity, or a person a governmental entity employs and
2861 designates as a representative, may investigate the possibility of a federal designation within
2862 the state.
2863 (b) A governmental entity that intends to advocate for a federal designation within the
2864 state shall:
2865 (i) notify the chairs of the following committees before the introduction of federal
2866 legislation:
2867 (A) the Natural Resources, Agriculture, and Environment Interim Committee, if
2868 constituted, and the Federalism Commission; or
2869 (B) if the notice is given during a General Session, the House and Senate Natural
2870 Resources, Agriculture, and Environment Standing Committees; and
2871 (ii) upon request of the chairs, meet with the relevant committee to review the proposal.
2872 (3) This section does not apply to a political subdivision supporting a federal
2873 designation if the federal designation:
2874 (a) applies to 5,000 acres or less; and
2875 (b) has an economical or historical benefit to the political subdivision.
2876 Section 63. Section 63M-5-306 is amended to read:
2877 63M-5-306. Financial impact statement -- Alleviation plan -- Filing required --
2878 Contents -- Payments credited against tax -- Provisions neither exclusive nor mandatory.
2879 (1) (a) A developer desiring to prepay ad valorem property taxes under Section
2880 63M-5-201 shall first prepare and file with the Governor's Office of Economic [
2881 Opportunity and all units of local government likely to be affected with a significant financial
2882 impact due to a natural resource or industrial facility a financial impact statement together with
2883 a plan for alleviating these impacts.
2884 (b) The impact statement and the alleviation plan shall be prepared in cooperation with
2885 and after consultation with the Governor's Office of Economic [
2886 the affected units of local government.
2887 (c) The financial impact statement shall assess the projected financial impact on state
2888 agencies and units of local government, including the impact on transportation systems,
2889 culinary water systems, waste treatment facilities, public safety, schools, public health,
2890 housing, planning and zoning, and general government administration.
2891 (d) The alleviation plan shall set out proposals for alleviating the impact and may
2892 include payments to local units of government or direct expenditures by the developer to
2893 alleviate the impact.
2894 (e) The impact statement and the alleviation plan may be amended by the developer in
2895 cooperation with and after consultation with the Governor's Office of Economic
2896 [
2897 (2) At least 90 days prior to commencement of construction of an industrial facility or
2898 natural resources facility by a major developer, an impact statement and alleviation plan as
2899 described in Subsection (1) shall be filed by the major developer whether or not the major
2900 developer desires to prepay ad valorem property taxes.
2901 (3) (a) Upon the filing of the financial impact statement and alleviation plan, a
2902 developer may apply to the governing body of the affected unit of local government for
2903 authorization to prepay a portion of the anticipated ad valorem property taxes to be expended
2904 consistent with the alleviation plan.
2905 (b) This authorization may provide that only a portion of the amounts so prepaid can be
2906 applied against the ad valorem property taxes due in any given year.
2907 (c) In addition to payments directly to the affected unit of local government, an affected
2908 unit of local government may authorize a tax credit on anticipated ad valorem property taxes
2909 for expenditures made by the developer to other persons so long as the expenditure is
2910 consistent with the alleviation plan.
2911 (4) (a) This chapter is designed to provide an additional mechanism for the alleviation
2912 of impacts on units of local government and is not intended to discourage the use of other
2913 mechanisms as may be available.
2914 (b) Nothing in this chapter requires a developer to prepay ad valorem property taxes or
2915 to make any other expenditure not otherwise required by law.
2916 Section 64. Section 63M-6-201 is amended to read:
2917 63M-6-201. Acquisition of easements -- Restrictions -- Resale.
2918 (1) (a) The Governor's Office of Economic [
2919 by purchase or condemnation, easements for the establishment, maintenance, and operation of
2920 a restrictive use area for the operation of aircraft to and from Hill Air Force Base because:
2921 (i) Hill Air Force Base is a military installation of vital importance to security of the
2922 United States of America and to the economic well-being of the citizens of Utah;
2923 (ii) there are certain portions of land around the entire base that are being developed for
2924 residential and other uses that are incompatible with current and future operations of the base
2925 because of noise, health, safety, and accident reasons; and
2926 (iii) it is the purpose of this chapter for the state to acquire those easements restricting
2927 the use of those lands and the air space above them in order to assure the continued operation
2928 of Hill Air Force Base as an active military base and to protect the health, safety, and economic
2929 well-being of the citizens of Utah.
2930 (b) The Governor's Office of Economic [
2931 power to purchase or condemn easements under this subsection to other state agencies if the
2932 department ensures that those agencies comply with the procedures and requirements of this
2933 chapter.
2934 (2) (a) The Governor's Office of Economic [
2935 that the easements restrict the land from those uses identified in the Hill Air Force Base
2936 AICUZ Land Use Compatibility Guidelines Study, as amended, dated October, 1982, as not
2937 being acceptable.
2938 (b) The Governor's Office of Economic [
2939 other uses not prohibited by those guidelines if those uses are consistent with the purpose of
2940 this chapter.
2941 (c) Nothing in this chapter may be construed to authorize the Governor's Office of
2942 Economic [
2943 (i) acquire any ownership interest in real property other than an easement restricting the
2944 land from future uses inconsistent with the Hill Air Force Base AICUZ Land Use
2945 Compatibility Guidelines Study, as amended, dated October 1982;
2946 (ii) purchase businesses; or
2947 (iii) require people to relocate or move from their property.
2948 (d) To calculate the purchase price for the easements, the Governor's Office of
2949 Economic [
2950 its improvements after the acquisition of the easements from the market value of the real
2951 property and its improvements before the acquisition of the easements.
2952 (e) When the Hill Air Force Base runways have not been used for seven years to
2953 accommodate the arrival and departure of airplanes, the Governor's Office of Economic
2954 [
2955 (i) notify by certified mail each current owner of the property to which each easement
2956 is attached;
2957 (ii) inform that owner that the owner may purchase the easement from the state for the
2958 same price that the state paid for it originally or for the market value of the easement at the
2959 time of the buyback, whichever is smaller; and
2960 (iii) sell the easement to the owner of the property to which the easement is attached if
2961 the owner tenders the purchase price.
2962 (f) In addition to purchasing the easements required by this chapter, the Governor's
2963 Office of Economic [
2964 all churches, businesses, and schools that, as of March 1, 1994, were located either within the
2965 north Hill Air Force Base accident potential zone (APZ) identified in Subsection
2966 63M-6-202(1)(a) or within the south Hill Air Force Base accident potential zone (APZ)
2967 identified in Subsection 63M-6-202(1)(b) if those churches, businesses, and schools can
2968 reasonably demonstrate that expansion of the use would have been permitted before acquisition
2969 of the easements but is now prohibited because of the easement.
2970 (3) (a) The Governor's Office of Economic [
2971 action to enforce the provisions of this chapter.
2972 (b) The attorney general shall represent the Governor's Office of Economic
2973 [
2974 Section 65. Section 63M-6-202 is amended to read:
2975 63M-6-202. Location of easements.
2976 (1) The Governor's Office of Economic [
2977 may acquire easements on the land within the following boundaries:
2978 (a) beginning on the north Hill Air Force Base accident potential zone (APZ) at a point
2979 which is North 1,089,743.170 meters and East 459,346.946 meters based on the North zone,
2980 State of Utah, NAD 83 coordinates and runs north to North 63 degrees 10 minutes 44 seconds,
2981 East 457.109 meters, North 26 degrees 49 minutes 16 seconds, West 3,352.129 meters, South
2982 63 degrees 10 minutes 44 seconds, West 914.217 meters, South 26 degrees 49 minutes 16
2983 seconds, East 3,352.129 meters, North 63 degrees 10 minutes 44 seconds, East 457.109 meters
2984 back to the point of beginning; and
2985 (b) beginning on the south Hill Air Force Base APZ which is North 1,086,065.786
2986 meters and East 461,206.222 meters based on the North zone, State of Utah, NAD 83
2987 coordinates and runs South 63 degrees 10 minutes 44 seconds, West 457.109 meters, South 26
2988 degrees 49 minutes 16 seconds, East 502.179 meters, South 0 degrees 20 minutes 35 seconds,
2989 West 1,722.227 meters, South 89 degrees 39 minutes 25 seconds, East 883.743 meters, North
2990 63 degrees 10 minutes 44 seconds, East 914.217 meters, North 26 degrees 49 minutes 16
2991 seconds, West 2,437.912 meters, South 63 degrees 10 minutes 44 seconds, West 457.109
2992 meters back to the point of beginning.
2993 (2) The Governor's Office of Economic [
2994 may acquire easements on the following land that is located inside the 75 and 80 level
2995 day-night (LDN) noise contour as identified in the Hill Air Force Base AICUZ Land Use
2996 Compatibility Guidelines Study, as amended, dated October, 1982:
2997 (a) in the west half of Section 3, T4NR1W;
2998 (b) in the east half of Section 4, T4NR1W;
2999 (c) in the northeast quarter of Section 8, T4NR1W;
3000 (d) within all of Section 9, T4NR1W;
3001 (e) in the northwest quarter of Section 10, T4NR1W;
3002 (f) within the southwest quarter of Section 19, T5NR1W;
3003 (g) in the south half of Section 20, T5NR1W;
3004 (h) within the southwest quarter of Section 28, T5NR1W; and
3005 (i) within Section 29, T5NR1W.
3006 Section 66. Section 63M-6-203 is amended to read:
3007 63M-6-203. Certain improvements, alterations, and expansions prohibited.
3008 (1) A person or entity may not begin to develop, or authorize development, on any land
3009 identified in this chapter until the Governor's Office of Economic [
3010 has affirmatively authorized the development of the land because the development is consistent
3011 with those uses identified in the Hill Air Force Base AICUZ Land Use Compatibility
3012 Guidelines Study, as amended, dated October 1982.
3013 (2) Nothing in this chapter prohibits any property owner from improving, altering, or
3014 expanding any existing residential or commercial use of the property owner's property so long
3015 as the improvement, alteration, or expansion does not materially increase the human density of
3016 that present use.
3017 Section 67. Section 63M-11-201 is amended to read:
3018 63M-11-201. Composition -- Appointments -- Terms -- Removal.
3019 (1) The commission shall be composed of 20 voting members as follows:
3020 (a) the executive director of the Department of Health;
3021 (b) the executive director of the Department of Human Services;
3022 (c) the executive director of the Governor's Office of Economic [
3023 Opportunity;
3024 (d) the executive director of the Department of Workforce Services; and
3025 (e) 16 voting members, appointed by the governor, representing each of the following:
3026 (i) the Utah Association of Area Agencies on Aging;
3027 (ii) higher education in Utah;
3028 (iii) the business community;
3029 (iv) the Utah Association of Counties;
3030 (v) the Utah League of Cities and Towns;
3031 (vi) charitable organizations;
3032 (vii) the health care provider industry;
3033 (viii) financial institutions;
3034 (ix) the legal profession;
3035 (x) the public safety sector;
3036 (xi) public transportation;
3037 (xii) ethnic minorities;
3038 (xiii) the industry that provides long-term care for the elderly;
3039 (xiv) organizations or associations that advocate for the aging population;
3040 (xv) the Alzheimer's Association; and
3041 (xvi) the general public.
3042 (2) (a) A member appointed under Subsection (1)(e) shall serve a two-year term.
3043 (b) Notwithstanding the term requirements of Subsection (2)(a), the governor may
3044 adjust the length of the initial commission members' terms to ensure that the terms are
3045 staggered so that approximately 1/2 of the members appointed under Subsection (1)(e) are
3046 appointed each year.
3047 (c) When, for any reason, a vacancy occurs in a position appointed by the governor
3048 under Subsection (1)(e), the governor shall appoint a person to fill the vacancy for the
3049 unexpired term of the commission member being replaced.
3050 (d) Members appointed under Subsection (1)(e) may be removed by the governor for
3051 cause.
3052 (e) A member appointed under Subsection (1)(e) shall be removed from the
3053 commission and replaced by the governor if the member is absent for three consecutive
3054 meetings of the commission without being excused by the chair of the commission.
3055 (3) In appointing the members under Subsection (1)(e), the governor shall:
3056 (a) take into account the geographical makeup of the commission; and
3057 (b) strive to appoint members who are knowledgeable or have an interest in issues
3058 relating to the aging population.
3059 Section 68. Section 63N-1a-101, which is renumbered from Section 63N-1-101 is
3060 renumbered and amended to read:
3061
3062
3063
3064 [
3065 (1) This title is known as the [
3066 "Economic Opportunity Act."
3067 (2) This chapter is known as [
3068 Organization."
3069 Section 69. Section 63N-1a-102, which is renumbered from Section 63N-1-102 is
3070 renumbered and amended to read:
3071 [
3072 As used in this title:
3073 (1) "Baseline jobs" means the number of full-time employee positions that existed
3074 within a business entity in the state before the date on which a project related to the business
3075 entity is approved by the office or by the GO Utah board.
3076 (2) "Baseline state revenue" means the amount of state tax revenue collected from a
3077 business entity or the employees of a business entity during the year before the date on which a
3078 project related to the business entity is approved by the office or by the GO Utah board.
3079 [
3080
3081 [
3082
3083 (3) "Commission" means the Unified Economic Opportunity Commission created in
3084 Section 63N-1a-201.
3085 (4) "Economic opportunity agency" includes:
3086 (a) the Department of Workforce Services;
3087 (b) the Department of Heritage and Arts;
3088 (c) the Department of Commerce;
3089 (d) the Department of Natural Resources;
3090 (e) the Office of Energy Development;
3091 (f) the State Board of Education;
3092 (g) institutions of higher education;
3093 (h) the Utah Multicultural Commission;
3094 (i) the World Trade Center Utah;
3095 (j) local government entities;
3096 (k) associations of governments;
3097 (l) the Utah League of Cities and Towns;
3098 (m) the Utah Association of Counties;
3099 (n) the Economic Development Corporation of Utah;
3100 (o) the Small Business Administration;
3101 (p) chambers of commerce;
3102 (q) industry associations;
3103 (r) small business development centers; and
3104 (s) other entities identified by the commission or the executive director.
3105 (5) "Executive director" means the executive director of the office.
3106 (6) "Full-time employee" means an employment position that is filled by an employee
3107 who works at least 30 hours per week and:
3108 (a) may include an employment position filled by more than one employee, if each
3109 employee who works less than 30 hours per week is provided benefits comparable to a
3110 full-time employee; and
3111 (b) may not include an employment position that is shifted from one jurisdiction in the
3112 state to another jurisdiction in the state.
3113 (7) "GO Utah board" means the Business and Economic Development Subcommittee
3114 created in Section 63N-1b-202.
3115 [
3116 the aggregate average annual gross wage of the employment position, not including health care
3117 or other paid or unpaid benefits, is [
3118 (a) at least 110% of the average wage of the county in which the employment position
3119 exists[
3120 (b) for an employment position related to a project described in Chapter 2, Part 1,
3121 Economic Development Tax Increment Financing, and that is located within the boundary of a
3122 county of the third, fourth, fifth, or sixth class, or located within a municipality in a county of
3123 the second class and where the municipality has a population of 10,000 or less:
3124 (i) at least 100% of the average wage of the county in which the employment position
3125 exists; or
3126 (ii) an amount determined by rule made by the office in accordance with Title 63G,
3127 Chapter 3, Utah Administrative Rulemaking Act, if the office determines the project is in a
3128 county experiencing economic distress.
3129 [
3130 [
3131 project related to the business entity; and
3132 [
3133 business entity.
3134 (b) "Incremental job" includes a full-time employment position where the employee is
3135 hired:
3136 (i) directly by a business entity; or
3137 (ii) by a professional employer organization, as defined in Section 31A-40-102, on
3138 behalf of a business entity.
3139 [
3140 or a business entity's employees during a calendar year minus the baseline state revenue
3141 calculation.
3142 [
3143 Economic [
3144 [
3145 business entity's employees under any combination of the following provisions:
3146 (a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
3147 (b) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and
3148 Information;
3149 (c) Title 59, Chapter 10, Part 2, Trusts and Estates;
3150 (d) Title 59, Chapter 10, Part 4, Withholding of Tax; and
3151 (e) Title 59, Chapter 12, Sales and Use Tax Act.
3152 (13) "State strategic goals" means the strategic goals listed in Section 63N-1a-103.
3153 (14) "Statewide economic development strategy" means the economic development
3154 strategy developed by the commission in accordance with Section 63N-1a-202.
3155 Section 70. Section 63N-1a-103 is enacted to read:
3156 63N-1a-103. Purpose.
3157 (1) The mission of the Economic Opportunity Act and the entities established herein is
3158 to catalyze strategic economic opportunities for all residents of the state with a vision of
3159 creating economically thriving communities, businesses, and families throughout the state.
3160 (2) The mission and vision are realized through targeted efforts that demonstrably
3161 improve quality of life, measured by the extent to which the efforts accomplish the following
3162 strategic goals:
3163 (a) catalyzing targeted industry growth;
3164 (b) supporting economically thriving communities;
3165 (c) empowering students and workers with market-relevant skills;
3166 (d) stimulating economic growth in rural and multicultural communities through
3167 household level efforts; and
3168 (e) securing healthy and resilient ecosystems for current and future generations.
3169 Section 71. Section 63N-1a-201 is enacted to read:
3170
3171 63N-1a-201. Creation of commission.
3172 (1) There is created in the office the Unified Economic Opportunity Commission,
3173 established to carry out the mission described in Section 63N-1a-103 and direct the office and
3174 other appropriate entities in fulfilling the state's strategic goals.
3175 (2) The commission consists of:
3176 (a) the following voting members:
3177 (i) the governor, who shall serve as the chair of the commission;
3178 (ii) the executive director, who shall serve as the vice chair of the commission;
3179 (iii) the executive director of the Department of Workforce Services;
3180 (iv) the executive director of the Department of Transportation;
3181 (v) the executive director of the Department of Natural Resources;
3182 (vi) the executive director of the Department of Commerce;
3183 (vii) the commissioner of the Department of Agriculture and Food;
3184 (viii) the executive director of the Governor's Office of Management and Budget;
3185 (ix) the commissioner of higher education;
3186 (x) the state superintendent of public instruction;
3187 (xi) the president of the Senate or the president's designee;
3188 (xii) the speaker of the House of Representatives or the speaker's designee;
3189 (xiii) one individual who is knowledgeable about housing needs in the state, including
3190 housing density and land use, appointed by the governor;
3191 (xiv) one individual who represents the interests of urban cities, appointed by the Utah
3192 League of Cities and Towns; and
3193 (xv) one individual who represents the interests of rural counties, appointed by the
3194 Utah Association of Counties; and
3195 (b) the following non-voting members:
3196 (i) the chief executive officer of World Trade Center Utah;
3197 (ii) the chief executive officer of the Economic Development Corporation of Utah; and
3198 (iii) a senior advisor to the chair of the commission with expertise in rural affairs of the
3199 state, appointed by the chair of the commission.
3200 (3) A majority of commission members constitutes a quorum for the purposes of
3201 conducting commission business and the action of a majority of a quorum constitutes the action
3202 of the commission.
3203 (4) The executive director of the office, or the executive director's designee, is the
3204 executive director of the commission.
3205 (5) The office shall provide:
3206 (a) office space and administrative staff support for the commission; and
3207 (b) the central leadership and coordination of the commission's efforts in the field of
3208 economic development.
3209 (6) (a) A member may not receive compensation or benefits for the member's service
3210 on the commission, but may receive per diem and travel expenses in accordance with:
3211 (i) Sections 63A-3-106 and 63A-3-107; and
3212 (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
3213 63A-3-107.
3214 (b) Compensation and expenses of a commission member who is a legislator are
3215 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
3216 Expenses.
3217 Section 72. Section 63N-1a-202 is enacted to read:
3218 63N-1a-202. Commission duties.
3219 (1) The commission shall:
3220 (a) develop, coordinate, and lead a comprehensive statewide economic development
3221 strategy that:
3222 (i) unifies and coordinates economic development efforts in the state;
3223 (ii) includes key performance indicators for long-term progress toward the state
3224 strategic goals;
3225 (iii) establishes reporting and accountability processes for the key performance
3226 indicators; and
3227 (iv) ensures the success of the statewide economic development strategy is shared
3228 among the urban and rural areas of the state;
3229 (b) receive feedback, input, and reports from economic opportunity agencies regarding
3230 programs related to the statewide economic development strategy;
3231 (c) develop the statewide economic strategy in view of the state water policy described
3232 in Section 73-1-21, including the state's commitment to appropriate conservation, efficient and
3233 optimal use of water resources, infrastructure development and improvement, optimal
3234 agricultural use, water quality, reasonable access to recreational activities, effective wastewater
3235 treatment, and protecting and restoring healthy ecosystems;
3236 (d) direct and facilitate changes to or recommend elimination of economic
3237 development programs to ensure alignment with the mission and vision described in Section
3238 63N-1a-103;
3239 (e) at least once every five years, identify industry clusters on which the commission
3240 recommends the state focus recruiting and expansion efforts;
3241 (f) establish strategies for the recruitment and retention of targeted industry clusters
3242 while respecting the different needs of rural and urban areas throughout the state;
3243 (g) establish strategies for supporting entrepreneurship and small business development
3244 in the state;
3245 (h) analyze the state's projected long-term population and economic growth and plan
3246 for the anticipated impacts of the projected growth in a manner that improves quality of life
3247 and is consistent with the statewide economic development strategy and state strategic goals;
3248 (i) identify gaps and potential solutions related to improving infrastructure, especially
3249 as related to the state's projected long-term population growth;
3250 (j) support the development of a prepared workforce that can support critical industries
3251 and industry clusters identified by the commission;
3252 (k) coordinate and develop strategies that assist education providers and industry to
3253 cooperate in supporting students in developing market relevant skills to meet industry needs;
3254 (l) develop strategies and plans to ensure comprehensive economic development efforts
3255 are targeted to the unique needs of rural areas of the state;
3256 (m) study the unique needs of multicultural communities throughout the state and
3257 develop household-level plans to ensure residents of the state can participate in economic
3258 opportunities in the state;
3259 (n) ensure the commission's efforts are, to the extent practicable, data-driven and
3260 evidence-based;
3261 (o) support an integrated international trade strategy for the state;
3262 (p) facilitate coordination among public, private, and nonprofit economic opportunity
3263 agencies; and
3264 (q) in performing the commission's duties, consider the recommendations of the
3265 subcommittees described in Chapter 1b, Commission Subcommittees.
3266 (2) The commission shall provide a report to the office for inclusion in the office's
3267 annual written report described in Section 63N-1a-306, that includes:
3268 (a) the statewide economic development strategy;
3269 (b) a description of how the commission fulfilled the commission's statutory purposes
3270 and duties during the year, including any relevant findings;
3271 (c) the key performance indicators included in the statewide economic development
3272 strategy, including data showing the extent to which the indicators are being met; and
3273 (d) any legislative recommendations.
3274 Section 73. Section 63N-1a-301, which is renumbered from Section 63N-1-201 is
3275 renumbered and amended to read:
3276
3277 [
3278 (1) There is created the Governor's Office of Economic [
3279 (2) The office is:
3280 (a) responsible for [
3281
3282 commission; and
3283 (b) the industrial and business promotion authority of the state.
3284 (3) The office shall:
3285 (a) consistent with the statewide economic development strategy, coordinate and align
3286 into a single effort the activities of the economic opportunity agencies in the field of economic
3287 development;
3288 (b) provide support and direction to economic opportunity agencies in establishing
3289 goals, metrics, and activities that align with the statewide economic development strategy;
3290 [
3291 programs;
3292 [
3293 agricultural, and civic welfare of the state;
3294 [
3295 purchase of goods and services produced in the state by local businesses;
3296 [
3297 the state, in accordance with the statewide economic development plan and commission
3298 directives;
3299 [
3300 [
3301
3302 (h) act to assist strategic industries that are likely to drive future economic growth;
3303 (i) assist communities in the state in developing economic development capacity and
3304 coordination with other communities;
3305 (j) identify areas of education and workforce development in the state that can be
3306 improved to support economic and business development;
3307 (k) consistent with direction from the commission, develop core strategic priorities for
3308 the office, which may include:
3309 (i) enhancing statewide access to entrepreneurship opportunities and small business
3310 support;
3311 (ii) focusing industry recruitment and expansion on strategically chosen clusters of
3312 industries;
3313 (iii) ensuring that in awarding competitive economic development incentives the office
3314 accurately measures the benefits and costs of the incentives; and
3315 (iv) assisting communities with technical support to aid those communities in
3316 improving economic development opportunities;
3317 [
3318 63N-1a-306; and
3319 [
3320 (4) In order to perform its duties under this title, the office may:
3321 (a) enter into a contract or agreement with, or make a grant to, a public or private
3322 entity, including a municipality, if the contract or agreement is not in violation of state statute
3323 or other applicable law;
3324 (b) except as provided in Subsection (4)(c), receive and expend funds from a public or
3325 private source for any lawful purpose that is in the state's best interest; and
3326 (c) solicit and accept a contribution of money, services, or facilities from a public or
3327 private donor, but may not use the contribution for publicizing the exclusive interest of the
3328 donor.
3329 (5) Money received under Subsection (4)(c) shall be deposited in the General Fund as
3330 dedicated credits of the office.
3331 (6) (a) The office shall:
3332 (i) obtain the advice of the GO Utah board before implementing a change to a policy,
3333 priority, or objective under which the office operates[
3334 (ii) provide periodic updates to the commission regarding the office's efforts under
3335 Subsections (3)(a) and (b).
3336 (b) Subsection (6)(a)(i) does not apply to the routine administration by the office of
3337 money or services related to the assistance, retention, or recruitment of business, industry, or
3338 commerce in the state.
3339 Section 74. Section 63N-1a-302, which is renumbered from Section 63N-1-202 is
3340 renumbered and amended to read:
3341 [
3342 Removal -- Compensation.
3343 (1) The office shall be administered, organized, and managed by an executive director
3344 appointed by the governor, with the advice and consent of the Senate.
3345 (2) The executive director serves at the pleasure of the governor.
3346 (3) The salary of the executive director shall be established by the governor within the
3347 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
3348 Section 75. Section 63N-1a-303, which is renumbered from Section 63N-1-203 is
3349 renumbered and amended to read:
3350 [
3351 (1) Unless otherwise expressly provided by statute, the executive director may organize
3352 the office in any appropriate manner, including the appointment of deputy directors of the
3353 office.
3354 (2) The executive director may consolidate personnel and service functions for
3355 efficiency and economy in the office.
3356 (3) The executive director, with the approval of the governor:
3357 (a) may, by following the procedures and requirements of Title 63J, Chapter 5, Federal
3358 Funds Procedures Act, seek federal grants, loans, or participation in federal programs;
3359 (b) may enter into a lawful contract or agreement with another state, a chamber of
3360 commerce organization, a service club, or a private entity; and
3361 (c) shall annually prepare and submit to the governor a budget of the office's financial
3362 requirements.
3363 (4) With the governor's approval, if a federal program requires the expenditure of state
3364 funds as a condition for the state to participate in a fund, property, or service, the executive
3365 director may expend necessary funds from money provided by the Legislature for the use of the
3366 office.
3367 (5) The executive director shall coordinate with the executive directors of the
3368 Department of Workforce Services and the Governor's Office of Management and Budget to
3369 review data and metrics to be reported to the Legislature as described in Subsection
3370 [
3371 Section 76. Section 63N-1a-304, which is renumbered from Section 63N-1-204 is
3372 renumbered and amended to read:
3373 [
3374 Commission.
3375 (1) The executive director or the executive director's designee shall:
3376 (a) become generally informed of significant rate cases and policy proceedings before
3377 the Public Service Commission; and
3378 (b) monitor and study the potential economic development impact of these
3379 proceedings.
3380 (2) In the discretion of the executive director or the executive director's designee, the
3381 office may appear in a proceeding before the Public Service Commission to testify, advise, or
3382 present argument regarding the economic development impact of a matter that is the subject of
3383 the proceeding.
3384 Section 77. Section 63N-1a-305, which is renumbered from Section 63N-1-205 is
3385 renumbered and amended to read:
3386 [
3387 The Legislature intends that the [
3388 will develop an incentives review process under the direction of the speaker of the House and
3389 the president of the Senate.
3390 Section 78. Section 63N-1a-306, which is renumbered from Section 63N-1-301 is
3391 renumbered and amended to read:
3392 [
3393 (1) The office shall prepare and submit to the governor and the Legislature, by October
3394 1 of each year, an annual written report of the operations, activities, programs, and services of
3395 the office, including the divisions, sections, boards, commissions, councils, and committees
3396 established under this title, for the preceding fiscal year.
3397 (2) For each operation, activity, program, or service provided by the office, the annual
3398 report shall include:
3399 (a) a description of the operation, activity, program, or service;
3400 (b) data and metrics:
3401 (i) selected and used by the office to measure progress, performance, effectiveness, and
3402 scope of the operation, activity, program, or service, including summary data; and
3403 (ii) that are consistent and comparable for each state operation, activity, program, or
3404 service that primarily involves employment training or placement as determined by the
3405 executive directors of the office, the Department of Workforce Services, and the Governor's
3406 Office of Management and Budget;
3407 (c) budget data, including the amount and source of funding, expenses, and allocation
3408 of full-time employees for the operation, activity, program, or service;
3409 (d) historical data from previous years for comparison with data reported under
3410 Subsections (2)(b) and (c);
3411 (e) goals, challenges, and achievements related to the operation, activity, program, or
3412 service;
3413 (f) relevant federal and state statutory references and requirements;
3414 (g) contact information of officials knowledgeable and responsible for each operation,
3415 activity, program, or service; and
3416 (h) other information determined by the office that:
3417 (i) may be needed, useful, or of historical significance; or
3418 (ii) promotes accountability and transparency for each operation, activity, program, or
3419 service with the public and elected officials.
3420 (3) The annual report shall be designed to provide clear, accurate, and accessible
3421 information to the public, the governor, and the Legislature.
3422 (4) The office shall:
3423 (a) submit the annual report in accordance with Section 68-3-14;
3424 (b) make the annual report, and previous annual reports, accessible to the public by
3425 placing a link to the reports on the office's website; and
3426 (c) provide the data and metrics described in Subsection (2)(b) to the [
3427
3428 Subcommittee created in Section 63N-1b-301.
3429 [
3430 [
3431
3432
3433 [
3434
3435
3436 [
3437 [
3438
3439 [
3440
3441 [
3442
3443 [
3444
3445 [
3446
3447
3448
3449
3450 [
3451
3452
3453 [
3454 [
3455
3456 [
3457
3458 [
3459
3460 [
3461 [
3462
3463 [
3464
3465
3466 [
3467
3468
3469 [
3470
3471 [
3472
3473 [
3474 [
3475 [
3476 [
3477 [
3478
3479
3480 Section 79. Section 63N-1b-101 is enacted to read:
3481
3482
3483 63N-1b-101. Definitions.
3484 As used in this chapter:
3485 (1) "Apprenticeship program" means a program that:
3486 (a) combines paid on-the-job learning with formal classroom instruction to prepare
3487 students for careers; and
3488 (b) includes:
3489 (i) structured on-the-job learning for students under the supervision of a skilled
3490 employee;
3491 (ii) classroom instruction for students related to the on-the-job learning;
3492 (iii) ongoing student assessments using established competency and skills standards;
3493 and
3494 (iv) the student receiving an industry-recognized credential or degree upon completion
3495 of the program.
3496 (2) "Career and technical education region" means an economic service area created in
3497 Section 35A-2-101.
3498 (3) "High quality professional learning" means the professional learning standards for
3499 teachers and principals described in Section 53G-11-303.
3500 (4) "Institution of higher education" means the University of Utah, Utah State
3501 University, Southern Utah University, Weber State University, Snow College, Dixie State
3502 University, Utah Valley University, or Salt Lake Community College.
3503 (5) "Local education agency" means a school district, a charter school, or the Utah
3504 Schools for the Deaf and the Blind.
3505 (6) "Master plan" means the computer science education master plan described in
3506 Section 63N-1b-304.
3507 (7) "Participating employer" means an employer that:
3508 (a) partners with an educational institution on a curriculum for an apprenticeship
3509 program or work-based learning program; and
3510 (b) provides an apprenticeship or work-based learning program for students.
3511 (8) "State board" means the State Board of Education.
3512 (9) "Talent program" means the Talent Ready Utah Program created in Section
3513 63N-1b-302.
3514 (10) "Talent subcommittee" means the Talent, Education, and Industry Alignment
3515 Subcommittee created in Section 63N-1b-301.
3516 (11) "Technical college" means:
3517 (a) a technical college described in Section 53B-2a-105;
3518 (b) the School of Applied Technology at Salt Lake Community College established in
3519 Section 53B-16-209;
3520 (c) Utah State University Eastern established in Section 53B-18-1201;
3521 (d) Utah State University Blanding established in Section 53B-18-1202; or
3522 (e) the Snow College Richfield campus established in Section 53B-16-205.
3523 (12) (a) "Work-based learning program" means a program that combines structured and
3524 supervised learning activities with authentic work experiences and that is implemented through
3525 industry and education partnerships.
3526 (b) "Work-based learning program" includes the following objectives:
3527 (i) providing students an applied workplace experience using knowledge and skills
3528 attained in a program of study that includes an internship, externship, or work experience;
3529 (ii) providing an educational institution with objective input from a participating
3530 employer regarding the education requirements of the current workforce; and
3531 (iii) providing funding for programs that are associated with high-wage, in-demand, or
3532 emerging occupations.
3533 (13) "Workforce programs" means education or industry programs that facilitate
3534 training the state's workforce to meet industry demand.
3535 Section 80. Section 63N-1b-102 is enacted to read:
3536 63N-1b-102. Subcommittees generally.
3537 (1) Each subcommittee created under this part or by the commission in accordance
3538 with this section serves under the direction of the commission and shall assist the commission
3539 in performing the commission's duties.
3540 (2) In addition to the subcommittees created under this part, the commission may
3541 establish one or more subcommittees to assist and advise the commission on specified topics or
3542 issues relevant to the commission's duties, including:
3543 (a) rural economic growth;
3544 (b) sustainable community growth;
3545 (c) small business and entrepreneurism;
3546 (d) multicultural economic empowerment; and
3547 (e) international relations, trade, and immigration.
3548 (3) When establishing a subcommittee under Subsection (2), the commission shall:
3549 (a) appoint members to the subcommittee that represent a range of views and expertise;
3550 and
3551 (b) adopt subcommittee procedures and directives.
3552 (4) (a) A member of a subcommittee may not receive compensation or benefits for the
3553 member's service, but may receive per diem and travel expenses in accordance with:
3554 (i) Section 63A-3-106;
3555 (ii) Section 63A-3-107; and
3556 (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3557 (b) Compensation and expenses of a subcommittee member who is a legislator are
3558 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
3559 Expenses.
3560 Section 81. Section 63N-1b-201, which is renumbered from Section 63N-1-401 is
3561 renumbered and amended to read:
3562
3563 [
3564 Subcommittee -- Creation -- Membership -- Expenses.
3565 (1) (a) There is created [
3566
3567 Development Subcommittee, consisting of 15 members appointed by the [
3568 the commission, in consultation with the executive director, to four-year terms of office with
3569 the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
3570 Vacancies[
3571 (i) a representative from a rural association of governments;
3572 (ii) a rural representative of agriculture;
3573 (iii) a rural representative of the travel industry;
3574 (iv) a representative of rural utilities; and
3575 (v) a representative from the oil, gas, or mineral extraction industry.
3576 (b) Notwithstanding the requirements of Subsection (1)(a), the [
3577 commission shall, at the time of appointment or reappointment, adjust the length of terms to
3578 ensure that the terms of board members are staggered so that approximately half of the [
3579 subcommittee is appointed every two years.
3580 (c) The members may not serve more than two full consecutive terms except where the
3581 [
3582 the state.
3583 (2) In appointing members of the committee, the [
3584 shall ensure that:
3585 (a) no more than eight members of the [
3586 party; and
3587 (b) members represent a variety of geographic areas and economic interests of the state.
3588 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
3589 appointed for the unexpired term in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
3590 (4) Eight members of the [
3591 board business and exercising board power.
3592 (5) The [
3593 member as the [
3594 chair.
3595 (6) A member may not receive compensation or benefits for the member's service, but
3596 may receive per diem and travel expenses in accordance with:
3597 (a) Section 63A-3-106;
3598 (b) Section 63A-3-107; and
3599 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3600 (7) A member shall comply with the conflict of interest provisions described in Title
3601 63G, Chapter 24, Part 3, Conflicts of Interest.
3602 (8) Nothing in this section prohibits an individual who, on May 4, 2021, is a member
3603 of a board within the office known as the Board of Business and Economic Development from
3604 serving as a member of the GO Utah board.
3605 Section 82. Section 63N-1b-202, which is renumbered from Section 63N-1-402 is
3606 renumbered and amended to read:
3607 [
3608 Subcommittee duties and powers.
3609 (1) The [
3610 assist the [
3611 (a) promote and encourage the economic, commercial, financial, industrial,
3612 agricultural, and civic welfare of the state;
3613 (b) promote and encourage the development, attraction, expansion, and retention of
3614 businesses, industries, and commerce in the state;
3615 (c) support the efforts of local government and regional nonprofit economic
3616 development organizations to encourage expansion or retention of businesses, industries, and
3617 commerce in the state;
3618 (d) act to enhance the state's economy;
3619 (e) work in conjunction with companies and individuals located or doing business in
3620 the state to secure favorable rates, fares, tolls, charges, and classification for transportation of
3621 persons or property by:
3622 (i) railroad;
3623 (ii) motor carrier; or
3624 (iii) other common carriers;
3625 (f) [
3626 the assistance, retention, or recruitment of business, industries, and commerce in the state;
3627 (g) [
3628 retention, or recruitment of businesses, industries, and commerce in the state;
3629 (h) [
3630 available to all areas of the state in accordance with federal and state law; [
3631 (i) identify local, regional, and statewide rural economic development and planning
3632 priorities;
3633 (j) understand, through study and input, issues relating to local, regional, and statewide
3634 rural economic development, including challenges, opportunities, best practices, policy,
3635 planning, and collaboration; and
3636 [
3637 imposed on a public officer under Title 67, Chapter 16, Utah Public Officers' and Employees'
3638 Ethics Act.
3639 (2) The subcommittee shall:
3640 (a) serve as an advisory board to the commission on rural economic development
3641 issues;
3642 (b) prepare an annual strategic plan that:
3643 (i) identifies rural economic development, planning, and leadership training challenges,
3644 opportunities, priorities, and objectives; and
3645 (ii) includes a work plan for accomplishing the objectives referred to in Subsection
3646 (1)(b)(i); and
3647 (c) oversee the Rural County Grant Program created in Section 17-54-103.
3648 [
3649 (a) in accordance with Subsection (1)(e), appear as a party litigant on behalf of an
3650 individual or a company located or doing business in the state in a proceeding before a
3651 regulatory commission of the state, another state, or the federal government; and
3652 (b) in consultation with the executive director, make, amend, or repeal rules for the
3653 conduct of its business consistent with this part and in accordance with Title 63G, Chapter 3,
3654 Utah Administrative Rulemaking Act.
3655 Section 83. Section 63N-1b-301, which is renumbered from Section 63N-12-503 is
3656 renumbered and amended to read:
3657
3658 [
3659 Subcommittee -- Creation -- Membership -- Expenses -- Duties.
3660 [
3661
3662 (1) There is created a subcommittee of the commission called the Talent, Education,
3663 and Industry Alignment Subcommittee composed of the following members:
3664 (a) the state superintendent of public instruction or the superintendent's designee;
3665 (b) the commissioner of higher education or the commissioner of higher education's
3666 designee;
3667 (c) the chair of the State Board of Education or the chair's designee;
3668 (d) the executive director of the Department of Workforce Services or the executive
3669 director of the department's designee;
3670 (e) the executive director of [
3671 designee;
3672 (f) the director of the Division of Occupational and Professional Licensing or the
3673 director's designee;
3674 (g) the governor's education advisor or the advisor's designee;
3675 (h) one member of the Senate, appointed by the president of the Senate;
3676 (i) one member of the House of Representatives, appointed by the speaker of the House
3677 of Representatives;
3678 (j) the president of the Salt Lake Chamber or the president's designee;
3679 (k) three representatives of private industry chosen by the [
3680 commission;
3681 (l) a representative of the technology industry chosen by the [
3682 commission;
3683 (m) the lieutenant governor or the lieutenant governor's designee; and
3684 (n) any additional individuals appointed by the commission who represent:
3685 (i) one or more individual educational institutions; or
3686 (ii) education or industry professionals.
3687 (2) The [
3688 the members of the talent [
3689 (3) The talent [
3690 (4) Attendance of a majority of the members of the talent [
3691 constitutes a quorum for the transaction of official talent [
3692 (5) Formal action by the talent [
3693 of a quorum.
3694 (6) A member of the talent [
3695 (a) may not receive compensation or benefits for the member's service; and
3696 (b) who is not a legislator may receive per diem and travel expenses in accordance
3697 with:
3698 (i) Section 63A-3-106;
3699 (ii) Section 63A-3-107; and
3700 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3701 63A-3-107.
3702 (7) The talent [
3703 (a) (i) review and develop metrics to measure the progress, performance, effectiveness,
3704 and scope of any state operation, activity, program, or service that primarily involves
3705 employment training or placement; and
3706 (ii) ensure that the metrics described in Subsection (7)(a) are consistent and
3707 comparable for each state operation, activity, program, or service that primarily involves
3708 employment training or placement;
3709 (b) make recommendations to the [
3710 training and education in the state with industry demand;
3711 (c) make recommendations to the [
3712 technical education with current and future workforce needs; and
3713 (d) coordinate with the [
3714 Subsection [
3715 Section 84. Section 63N-1b-302, which is renumbered from Section 63N-12-502 is
3716 renumbered and amended to read:
3717 [
3718 (1) There is created within [
3719 Program.
3720 (2) The executive director shall appoint a director of the [
3721 (3) The director of the [
3722 the executive director.
3723 (4) The [
3724 subcommittee to:
3725 (a) further education and industry alignment in the state;
3726 (b) coordinate the development of new education programs that align with industry
3727 demand;
3728 (c) coordinate or partner with other state agencies to administer grant programs;
3729 (d) promote the inclusion of industry partners in education;
3730 (e) provide outreach and information to employers regarding workforce programs and
3731 initiatives;
3732 (f) develop and analyze stackable credential programs;
3733 (g) determine efficiencies among workforce providers;
3734 (h) map available workforce programs focusing on programs that successfully create
3735 high-paying jobs; and
3736 (i) support initiatives of the talent [
3737 Section 85. Section 63N-1b-303, which is renumbered from Section 63N-12-504 is
3738 renumbered and amended to read:
3739 [
3740 The [
3741 talent program's operations and recommendations for inclusion in [
3742 written report described in Section [
3743 apprenticeship pilot program described in Section [
3744 Section 86. Section 63N-1b-304, which is renumbered from Section 63N-12-505 is
3745 renumbered and amended to read:
3746 [
3747 [
3748 consultation with the state board and the [
3749 science education master plan that:
3750 (1) includes a statement of the objectives and goals of the master plan;
3751 (2) describes how the talent [
3752 administer the Computer Science for Utah Grant Program created in Section [
3753 63N-1b-305;
3754 (3) provides guidance for local education agencies in implementing computer science
3755 education opportunities for students in high school, middle school, and elementary school;
3756 (4) integrates recommendations and best practices from private and public entities that
3757 are seeking to improve and expand the opportunities for computer science education, including
3758 the Expanding Computer Education Pathways Alliance; and
3759 (5) makes recommendations to assist a local education agency in creating a local
3760 education agency computer science plan described in Subsection [
3761 including:
3762 (a) providing recommendations regarding course offerings in computer science;
3763 (b) providing recommendations regarding professional development opportunities in
3764 computer science for licensed teachers;
3765 (c) providing recommendations regarding curriculum software for computer science
3766 courses;
3767 (d) providing recommendations regarding assessment solutions to measure the learning
3768 outcomes of students in computer science courses; and
3769 (e) providing information regarding how a local education agency can receive technical
3770 support from the talent [
3771 opportunities for students.
3772 Section 87. Section 63N-1b-305, which is renumbered from Section 63N-12-506 is
3773 renumbered and amended to read:
3774 [
3775 (1) As used in this section, "grant program" means the Computer Science for Utah
3776 Grant Program created in Subsection (2).
3777 (2) The Computer Science for Utah Grant Program is created to provide grants to
3778 eligible local education agencies for improving computer science learning outcomes and course
3779 offerings as demonstrated by:
3780 (a) the creation and implementation of a local education agency computer science plan
3781 as described in Subsection (7); and
3782 (b) the effective implementation of approved courses and the provision of effective
3783 training opportunities for licensed teachers.
3784 (3) Subject to appropriations from the Legislature, and subject to the approval of the
3785 talent [
3786 money appropriated for the grant program in accordance with this section.
3787 (4) The state board shall:
3788 (a) solicit applications from local education agency boards to receive grant money
3789 under the grant program;
3790 (b) make recommendations to the talent [
3791 awarding of grant money to a local education agency board on behalf of a local education
3792 agency based on the criteria described in Subsection (6); and
3793 (c) obtain final approval from the talent [
3794 grant money.
3795 (5) In administering the Computer Science for Utah Grant Program, the state board and
3796 the office, in consultation with the talent [
3797 accordance with this part and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
3798 (a) describe the form and deadlines for a grant application by a local education agency
3799 under this section; and
3800 (b) describe the reporting requirements required by a local education agency after
3801 receiving a grant under this section.
3802 (6) In awarding a grant under Subsection (3), the state board shall consider the
3803 effectiveness of the local education agency in creating and implementing a local education
3804 agency computer science plan as described in Subsection (7).
3805 (7) Each local education agency that seeks a grant as described in this section shall
3806 submit a written computer science plan, in a form approved by the state board and the talent
3807 [
3808 (a) covers at least four years;
3809 (b) addresses the recommendations of the talent [
3810 computer science education master plan described in Section [
3811 (c) identifies targets for improved computer science offerings, student learning, and
3812 licensed teacher training;
3813 (d) describes a computer science professional development program and other
3814 opportunities for high quality professional learning for licensed teachers or individuals training
3815 to become licensed teachers;
3816 (e) provides a detailed budget, communications, and reporting structure for
3817 implementing the computer science plan;
3818 (f) commits to provide one computer science course offering, approved by the talent
3819 [
3820 agency;
3821 (g) commits to integrate computer science education into the curriculum of each
3822 elementary school within the local education agency; and
3823 (h) includes any other requirement established by the state board or the office by rule,
3824 in consultation with the talent [
3825 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3826 (8) Each local education agency that receives a grant as described in this section shall
3827 provide an annual written assessment to the state board and the talent [
3828 subcommittee for each year that the local education agency receives a grant or expends grant
3829 money that includes:
3830 (a) how the grant money was used;
3831 (b) any improvements in the number and quality of computer science offerings
3832 provided by the local education agency and any increase in the number of licensed teachers
3833 providing computer science teaching to students;
3834 (c) any difficulties encountered during implementation of the local education agency's
3835 written computer science plan and steps that will be taken to address the difficulties; and
3836 (d) any other requirement established by the state board or the office by rule, in
3837 consultation with the talent [
3838 63G, Chapter 3, Utah Administrative Rulemaking Act.
3839 (9) (a) The state board and the talent [
3840 annual written assessment described in Subsection (8).
3841 (b) As a result of the review described in Subsection (9)(a):
3842 (i) the state board or the talent [
3843 recommendations to improve the progress of the local education agency in meeting the
3844 objectives of the written computer science plan;
3845 (ii) the state board may determine not to renew or extend a grant under this section; or
3846 (iii) the state board or the talent [
3847 assist the local education agency.
3848 Section 88. Section 63N-1b-306, which is renumbered from Section 63N-12-507 is
3849 renumbered and amended to read:
3850 [
3851 (1) The [
3852 subcommittee may partner with one or more of the following to facilitate and encourage
3853 apprenticeship opportunities and work-based learning opportunities for Utah students:
3854 (a) the state board;
3855 (b) the Utah system of higher education; and
3856 (c) a participating employer in the state.
3857 (2) Subject to appropriations from the Legislature and in accordance with the proposal
3858 process and other provisions of this section, the talent [
3859 concurrence of the executive director, may provide funding for approved apprenticeship
3860 opportunities and work-based learning opportunities.
3861 (3) To receive funding under this section, an entity described in Subsection (1) seeking
3862 to partner with the [
3863 program, in a form approved by the [
3864 determined by the [
3865 (a) the proposal shall include:
3866 (i) a description of the proposed apprenticeship program or work-based learning
3867 program that demonstrates the program will be:
3868 (A) responsive to the workforce needs of a high demand industry or occupation; and
3869 (B) a partnership between at least one participating employer and at least one public
3870 high school, technical college, or institution of higher education;
3871 (ii) an estimate of:
3872 (A) student enrollment in the program;
3873 (B) what school credit, credentials, certifications, or other workforce attainments will
3874 be provided by the program; and
3875 (C) job-placement rates for students who complete the program;
3876 (iii) a description of any financial contributions or in-kind contributions that will be
3877 provided by each participating employer in the program;
3878 (iv) if the program would require state board approval under the provisions of Section
3879 53B-16-102, evidence that the state board has approved the program; and
3880 (v) the amount of funding requested for the program, including justification for the
3881 funding; and
3882 (b) while not required, a preference may be given to a proposal that includes:
3883 (i) a description of a stackable credentialing pathway for participating students that will
3884 be created by the program between at least two of the following:
3885 (A) a public high school;
3886 (B) a technical college; and
3887 (C) an institution of higher education; or
3888 (ii) the potential for participating students to obtain full-time employment with the
3889 participating employer upon completion of the program.
3890 (4) The talent [
3891 received and determine whether the proposal should be funded, using the following criteria:
3892 (a) the quality and completeness of the elements of the proposal described in
3893 Subsection (3)(a);
3894 (b) the quality of the optional elements of the proposal described in Subsection (3)(b);
3895 (c) to what extent the proposal would expand the capacity to meet state or regional
3896 workforce needs; and
3897 (d) other relevant criteria as determined by the talent [
3898 (5) A partnership that receives funding under this section:
3899 (a) shall use the money to accomplish the proposed apprenticeship program or
3900 work-based learning program;
3901 (b) may use the money to offset a participating employer's direct operational costs
3902 associated with employing students as part of an approved apprenticeship program or
3903 work-based learning program;
3904 (c) except as provided in Subsection (5)(d), may not use the money for educational
3905 administration; and
3906 (d) may use the money to support one full-time employee within a career and technical
3907 education region if:
3908 (i) each participating local education agency, public high school, technical college, and
3909 institution of higher education agree on which entity will house the full-time employee;
3910 (ii) the full-time employee spends all of the employee's time working exclusively to
3911 develop apprentice programs or work-based learning programs; and
3912 (iii) the full-time employee is responsible for regular reporting to and receiving training
3913 from the director of the [
3914 (6) The [
3915 apprenticeship programs and work-based learning programs described in this section,
3916 including:
3917 (a) working with and providing technical assistance to the participating partners that
3918 establish apprentice programs and work-based learning programs and that receive funding
3919 under the provisions of this section;
3920 (b) establishing reporting requirements for participating partners that establish
3921 apprentice programs and work-based learning programs and that receive funding under the
3922 provisions of this section;
3923 (c) providing outreach and marketing to encourage more employers to participate; and
3924 (d) annually providing information to [
3925 successes, and challenges of the center related to administering apprentice programs and
3926 work-based learning programs for inclusion in [
3927 described in Section [
3928 (i) specific entities that received funding under this section;
3929 (ii) the amount of funding provided to each entity; and
3930 (iii) the number of participating students in each apprentice program and work-based
3931 learning program.
3932 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
3933 the provisions of this section, the [
3934 (a) the method and deadlines for applying for funding under this section;
3935 (b) the distribution of funding under this section; and
3936 (c) the reporting requirements of each entity receiving funding under this section.
3937 Section 89. Section 63N-1b-307, which is renumbered from Section 63N-12-508 is
3938 renumbered and amended to read:
3939 [
3940 (1) There is created [
3941 (2) The program, under the direction of [
3942 subcommittee, shall coordinate and partner with the entities described below to develop
3943 short-term pre-employment training and short-term early employment training for student and
3944 workforce participants that meet the needs of businesses that are creating jobs and economic
3945 growth in the state by:
3946 (a) partnering with the office, the Department of Workforce Services, and the Utah
3947 system of higher education;
3948 (b) partnering with businesses that have significant hiring demands for primarily newly
3949 created jobs in the state;
3950 (c) coordinating with the Department of Workforce Services, education agencies, and
3951 employers to create effective recruitment initiatives to attract student and workforce
3952 participants and business participants to the program;
3953 (d) coordinating with the Utah system of higher education to develop educational and
3954 training resources to provide student participants in the program qualifications to be hired by
3955 business participants in the program; and
3956 (e) coordinating with the State Board of Education and local education agencies when
3957 appropriate to develop educational and training resources to provide student participants in the
3958 program qualifications to be hired by business participants in the program.
3959 (3) (a) Subject to appropriation, beginning on August 5, 2020, the office, in
3960 consultation with the talent [
3961 pandemic by directing financial grants to institutions of higher education described in Section
3962 53B-2-101 to offer short-term programs to:
3963 (i) provide training to furloughed, laid off, dislocated, underserved, or other
3964 populations affected by COVID-19 to fill employment gaps in the state;
3965 (ii) provide training and education related to industry needs; and
3966 (iii) provide students with certificates or other recognition after completion of training.
3967 (b) (i) As soon as is practicable but on or before July 31, 2020, the office shall report to
3968 the director of the Division of Finance about the grant program under this Subsection (3),
3969 including:
3970 (A) the process by which the office shall determine which institutions of higher
3971 education shall receive financial grants; and
3972 (B) the formula for awarding financial grants.
3973 (ii) The office shall:
3974 (A) participate in the presentation that the director of the Division of Finance provides
3975 to the president of the Senate, the speaker of the House of Representatives, the minority leader
3976 of the Senate, and the minority leader of the House of Representatives under Section
3977 63A-3-111; and
3978 (B) consider any recommendations for adjustments to the grant program from the
3979 president of the Senate, the speaker of the House of Representatives, the minority leader of the
3980 Senate, and the minority leader of the House of Representatives.
3981 (c) To implement Subsection (3)(a), an institution of higher education that receives
3982 grant funds:
3983 (i) may use grant funds for:
3984 (A) costs associated with developing a new program; or
3985 (B) costs associated with expanding an existing program; and
3986 (ii) shall demonstrate industry needs and opportunities for partnership with industry.
3987 (d) (i) The office shall award grant funds:
3988 (A) after an initial application period that ends on or before August 31, 2020; and
3989 (B) if funds remain after the initial application period, on a rolling basis until the
3990 earlier of funds being exhausted or November 30, 2020.
3991 (ii) An institution of higher education that receives grant funds shall expend the grant
3992 funds on or before December 1, 2020.
3993 (e) The [
3994 guidance, training, and workforce programs, to the targeted populations.
3995 (4) The office, in consultation with the talent [
3996 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in accordance
3997 with the provisions of this section, make rules regarding the development and administration of
3998 the Utah Works Program.
3999 (5) The [
4000 for inclusion in the office's annual report described in Section [
4001 (a) the number of participants in the program;
4002 (b) how program participants learned about or were referred to the program, including
4003 the number of participants who learned about or were referred to the program by:
4004 (i) the Department of Workforce Services;
4005 (ii) marketing efforts of the [
4006 (iii) a school counselor; and
4007 (iv) other methods;
4008 (c) the number of participants who have completed training offered by the program;
4009 and
4010 (d) the number of participants who have been hired by a business participating in the
4011 program.
4012 Section 90. Section 63N-2-103 is amended to read:
4013 63N-2-103. Definitions.
4014 As used in this part:
4015 (1) "Authority" means:
4016 (a) the Utah Inland Port Authority, created in Section 11-58-201; or
4017 (b) the Military Installation Development Authority, created in Section 63H-1-201.
4018 (2) "Authority project area" means a project area of:
4019 (a) the Utah Inland Port Authority, created in Section 11-58-201; or
4020 (b) the Military Installation Development Authority, created in Section 63H-1-201.
4021 (3) "Business entity" means a person that enters into an agreement with the office to
4022 initiate a new commercial project in Utah that will qualify the person to receive a tax credit
4023 under Section 59-7-614.2 or 59-10-1107.
4024 (4) "Community reinvestment agency" has the same meaning as that term is defined in
4025 Section 17C-1-102.
4026 (5) "Development zone" means an economic development zone created under Section
4027 63N-2-104.
4028 (6) "Local government entity" means a county, city, town, or authority that enters into
4029 an agreement with the office to have a new commercial project that:
4030 (a) is initiated within:
4031 (i) the boundary of the county, city, or town; or
4032 (ii) an authority project area; and
4033 (b) qualifies the county, city, town, or authority to receive a tax credit under Section
4034 59-7-614.2.
4035 (7) (a) "New commercial project" means an economic development opportunity that:
4036 (i) involves new or expanded industrial, manufacturing, distribution, or business
4037 services in [
4038 (ii) advances the statewide economic development strategy.
4039 (b) "New commercial project" does not include retail business.
4040 (8) "Significant capital investment" means an amount of at least $10,000,000 to
4041 purchase capital or fixed assets, which may include real property, personal property, and other
4042 fixtures related to a new commercial project:
4043 (a) that represents an expansion of existing operations in the state; or
4044 (b) that maintains or increases the business entity's existing work force in the state.
4045 (9) "Tax credit" means an economic development tax credit created by Section
4046 59-7-614.2 or 59-10-1107.
4047 (10) "Tax credit amount" means the amount the office lists as a tax credit on a tax
4048 credit certificate for a taxable year.
4049 (11) "Tax credit certificate" means a certificate issued by the office that:
4050 (a) lists the name of the business entity, local government entity, or community
4051 development and renewal agency to which the office authorizes a tax credit;
4052 (b) lists the business entity's, local government entity's, or community development and
4053 renewal agency's taxpayer identification number;
4054 (c) lists the amount of tax credit that the office authorizes the business entity, local
4055 government entity, or community development and renewal agency for the taxable year; and
4056 (d) may include other information as determined by the office.
4057 Section 91. Section 63N-2-104 is amended to read:
4058 63N-2-104. Creation of economic development zones -- Tax credits -- Assignment
4059 of tax credit.
4060 (1) The office[
4061 zone in the state if the following requirements are satisfied:
4062 (a) the area is zoned commercial, industrial, manufacturing, business park, research
4063 park, or other appropriate business related use in a community-approved master plan that
4064 contemplates future growth;
4065 (b) the request to create a development zone has first been approved by an appropriate
4066 local government entity; and
4067 (c) local incentives have been or will be committed to be provided within the area in
4068 accordance with the community's approved incentive policy and application process.
4069 (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4070 the office shall make rules establishing the requirements for a business entity or local
4071 government entity to qualify for a tax credit for a new commercial project in a development
4072 zone under this part.
4073 (b) The office shall ensure that the requirements described in Subsection (2)(a) include
4074 the following:
4075 (i) the new commercial project is within the development zone;
4076 (ii) the new commercial project includes direct investment within the geographic
4077 boundaries of the development zone;
4078 (iii) the new commercial project brings new incremental jobs to Utah;
4079 (iv) the new commercial project includes the creation of high paying jobs in the state,
4080 significant capital investment in the state, or significant purchases from vendors, contractors, or
4081 service providers in the state, or a combination of these three economic factors;
4082 (v) the new commercial project generates new state revenues; [
4083 (vi) a business entity, a local government entity, or a community reinvestment agency
4084 to which a local government entity assigns a tax credit under this section meets the
4085 requirements of Section 63N-2-105[
4086 (vii) unless otherwise advisable in light of economic circumstances, the new
4087 commercial project relates to the industry clusters identified by the commission under Section
4088 63N-1a-202.
4089 (3) (a) The office, after consultation with the [
4090 written agreement with a business entity or local government entity authorizing a tax credit to
4091 the business entity or local government entity if the business entity or local government entity
4092 meets the requirements described in this section.
4093 (b) (i) With respect to a new commercial project, the office may authorize a tax credit
4094 to a business entity or a local government entity, but not both.
4095 (ii) In determining whether to authorize a tax credit with respect to a new commercial
4096 project to a business entity or a local government entity, the office shall authorize the tax credit
4097 in a manner that the office determines will result in providing the most effective incentive for
4098 the new commercial project.
4099 [
4100 (c) The office may not authorize or commit to authorize a tax credit that exceeds:
4101 [
4102 year; or
4103 [
4104 lesser of the life of a new commercial project or 20 years.
4105 [
4106
4107 [
4108
4109
4110 [
4111
4112 [
4113
4114
4115
4116 (d) (i) A local government entity may by resolution assign a tax credit authorized by
4117 the office to a community reinvestment agency.
4118 (ii) The local government entity shall provide a copy of the resolution described in
4119 Subsection (3)(d)(i) to the office.
4120 (iii) If a local government entity assigns a tax credit to a community reinvestment
4121 agency, the written agreement described in Subsection (3)(a) shall:
4122 (A) be between the office, the local government entity, and the community
4123 reinvestment agency;
4124 (B) establish the obligations of the local government entity and the community
4125 reinvestment agency; and
4126 (C) establish the extent to which any of the local government entity's obligations are
4127 transferred to the community reinvestment agency.
4128 (iv) If a local government entity assigns a tax credit to a community reinvestment
4129 agency:
4130 (A) the community reinvestment agency shall retain records as described in Subsection
4131 (4)(d); and
4132 (B) a tax credit certificate issued in accordance with Section 63N-2-105 shall list the
4133 community reinvestment agency as the named applicant.
4134 (4) The office shall ensure that the written agreement described in Subsection (3):
4135 (a) specifies the requirements that the business entity or local government entity shall
4136 meet to qualify for a tax credit under this part;
4137 (b) specifies the maximum amount of tax credit that the business entity or local
4138 government entity may be authorized for a taxable year and over the life of the new commercial
4139 project;
4140 (c) establishes the length of time the business entity or local government entity may
4141 claim a tax credit;
4142 (d) requires the business entity or local government entity to retain records supporting a
4143 claim for a tax credit for at least four years after the business entity or local government entity
4144 claims a tax credit under this part; and
4145 (e) requires the business entity or local government entity to submit to audits for
4146 verification of the tax credit claimed.
4147 (5) The office may attribute an incremental job or a high paying job to a new
4148 commercial project regardless of whether the job is performed in person, within the
4149 development zone or remotely from elsewhere in the state.
4150 Section 92. Section 63N-2-105 is amended to read:
4151 63N-2-105. Qualifications for tax credit -- Procedure.
4152 (1) The office shall certify a business entity's or local government entity's eligibility for
4153 a tax credit as provided in this part.
4154 (2) A business entity or local government entity seeking to receive a tax credit as
4155 provided in this part shall provide the office with:
4156 (a) an application for a tax credit certificate, including a certification, by an officer of
4157 the business entity, of any signature on the application;
4158 (b) (i) for a business entity, documentation of the new state revenues from the business
4159 entity's new commercial project that were paid during [
4160 (ii) for a local government entity, documentation of the new state revenues from the
4161 new commercial project within the area of the local government entity that were paid during
4162 [
4163 (c) known or expected detriments to the state or existing businesses in the state;
4164 (d) if a local government entity seeks to assign the tax credit to a community
4165 reinvestment agency as described in Section 63N-2-104, a statement providing the name and
4166 taxpayer identification number of the community reinvestment agency to which the local
4167 government entity seeks to assign the tax credit;
4168 [
4169
4170
4171
4172 (e) (i) with respect to a business entity that seeks to claim a tax credit:
4173 (A) a document that expressly directs and authorizes the State Tax Commission to
4174 disclose to the office the business entity's returns and other information that would otherwise
4175 be subject to confidentiality under Section 59-1-403 or Section 6103, Internal Revenue Code;
4176 and
4177 (B) a document that expressly directs and authorizes the Department of Workforce
4178 Services to disclose to the office the business entity's unemployment insurance contribution
4179 reports that would otherwise be subject to confidentiality under Section 35A-4-312;
4180 (ii) with respect to a local government entity that seeks to claim the tax credit:
4181 (A) a document that expressly directs and authorizes the State Tax Commission to
4182 disclose to the office the local government entity's returns and other information that would
4183 otherwise be subject to confidentiality under Section 59-1-403 or Section 6103, Internal
4184 Revenue Code; and
4185 (B) if the new state revenues collected as a result of a new commercial project are
4186 attributable in whole or in part to a new or expanded industrial, manufacturing, distribution, or
4187 business service within a new commercial project within the area of the local government
4188 entity, a document signed by an authorized representative of the new or expanded industrial,
4189 manufacturing, distribution, or business service that:
4190 (I) expressly directs and authorizes the State Tax Commission to disclose to the office
4191 the returns of the new or expanded industrial, manufacturing, distribution, or business service
4192 and other information that would otherwise be subject to confidentiality under Section
4193 59-1-403 or Section 6103, Internal Revenue Code; and
4194 (II) lists the taxpayer identification number of the new or expanded industrial,
4195 manufacturing, distribution, or business service; or
4196 (iii) with respect to a local government entity that seeks to assign the tax credit to a
4197 community reinvestment agency:
4198 (A) a document signed by the members of the governing body of the community
4199 reinvestment agency that expressly directs and authorizes the State Tax Commission to
4200 disclose to the office the returns of the community reinvestment agency and other information
4201 that would otherwise be subject to confidentiality under Section 59-1-403 or Section 6103,
4202 Internal Revenue Code; and
4203 (B) if the new state revenues collected as a result of a new commercial project are
4204 attributable in whole or in part to a new or expanded industrial, manufacturing, distribution, or
4205 business service within a new commercial project within the community reinvestment agency,
4206 a document signed by an authorized representative of the new or expanded industrial,
4207 manufacturing, distribution, or business service that:
4208 (I) expressly directs and authorizes the State Tax Commission to disclose to the office
4209 the returns of the new or expanded industrial, manufacturing, distribution, or business service
4210 and other information that would otherwise be subject to confidentiality under Section
4211 59-1-403 or Section 6103, Internal Revenue Code; and
4212 (II) lists the taxpayer identification number of the new or expanded industrial,
4213 manufacturing, distribution, or business service; and
4214 (f) for a business entity only, documentation that the business entity has satisfied the
4215 performance benchmarks outlined in the written agreement described in Subsection
4216 63N-2-104(3)(a), [
4217 Chapter 3, Utah Administrative Rulemaking Act, including the creation of new:
4218 [
4219 [
4220 [
4221 [
4222 (i) incremental jobs;
4223 (ii) high paying jobs; and
4224 (iii) state revenue.
4225 (3) (a) The office shall submit the documents described in Subsection (2)(e) to the
4226 State Tax Commission.
4227 (b) Upon receipt of a document described in Subsection (2)(e), the State Tax
4228 Commission shall provide the office with the returns and other information requested by the
4229 office that the State Tax Commission is directed or authorized to provide to the office in
4230 accordance with Subsection (2)(e).
4231 (4) If, with respect to an agreement described in Subsection 63N-2-104(3)(a) between
4232 the office and a business entity, the office identifies one of the following events, the office and
4233 the business entity shall amend or the office may terminate the agreement:
4234 (a) a change in the business entity's organization resulting from a merger with or
4235 acquisition of another entity located in the state;
4236 (b) a material increase in the business entity's retail operations that results in new state
4237 revenue not subject to the incentive; or
4238 (c) an increase in the business entity's operations that:
4239 (i) is outside the scope of the agreement or outside the boundaries of a development
4240 zone; and
4241 (ii) results in new state revenue not subject to the incentive.
4242 [
4243 Commission, or after review of the ongoing performance of the business entity or local
4244 government entity, the office determines that the returns and other information are inadequate
4245 to provide a reasonable justification for authorizing or continuing a tax credit, the office shall:
4246 (a) (i) deny the tax credit; or
4247 (ii) terminate the agreement described in Subsection 63N-2-104(3)(a) for failure to
4248 meet the performance standards established in the agreement; or
4249 (b) inform the business entity or local government entity that the returns or other
4250 information were inadequate and ask the business entity or local government entity to submit
4251 new documentation.
4252 [
4253 Commission, the office determines that the returns and other information provided by the
4254 business entity or local government entity provide reasonable justification for authorizing a tax
4255 credit, the office shall, based upon the returns and other information:
4256 (a) determine the amount of the tax credit to be granted to the business entity, local
4257 government entity, or if the local government entity assigns the tax credit as described in
4258 Section 63N-2-104, to the community reinvestment agency to which the local government
4259 entity assigns the tax credit;
4260 (b) issue a tax credit certificate to the business entity, local government entity, or if the
4261 local government entity assigns the tax credit as described in Section 63N-2-104, to the
4262 community reinvestment agency to which the local government entity assigns the tax credit;
4263 and
4264 (c) provide a [
4265 Commission.
4266 (7) (a) For purposes of determining the amount of a business entity's tax credit in
4267 accordance with this section, the office may establish by rule made in accordance with Title
4268 63G, Chapter 3, Utah Administrative Rulemaking Act, a process by which the office closely
4269 approximates the amount of taxes the business entity paid under Title 59, Chapter 12, Sales and
4270 Use Tax Act, for a capital project.
4271 (b) The office may apply a process described in Subsection (7)(a) to a business entity
4272 only with respect to a new agreement described in Subsection 63N-2-104(3)(a) that takes effect
4273 on or after January 1, 2022.
4274 [
4275 may not claim a tax credit unless the business entity, local government entity, or community
4276 reinvestment agency has a tax credit certificate issued by the office.
4277 [
4278 agency may claim a tax credit in the amount listed on the tax credit certificate on its tax return.
4279 (b) A business entity, local government entity, or community reinvestment agency that
4280 claims a tax credit under this section shall retain the tax credit certificate in accordance with
4281 Section 59-7-614.2 or 59-10-1107.
4282 Section 93. Section 63N-2-106 is amended to read:
4283 63N-2-106. Reports -- Posting monthly and annual reports -- Audit and study of
4284 tax credits.
4285 (1) The office shall include the following information in the annual written report
4286 described in Section [
4287 (a) the office's success in attracting new commercial projects to development zones
4288 under this part and the corresponding increase in new incremental jobs;
4289 (b) how many new incremental jobs and high paying jobs are employees of a company
4290 that received tax credits under this part, including the number of employees who work for a
4291 third-party rather than directly for a company, receiving the tax credits under this part;
4292 (c) the estimated amount of tax credit commitments made by the office and the period
4293 of time over which tax credits will be paid;
4294 (d) the economic impact on the state from new state revenues and the provision of tax
4295 credits under this part;
4296 (e) the estimated costs and economic benefits of the tax credit commitments made by
4297 the office;
4298 (f) the actual costs and economic benefits of the tax credit commitments made by the
4299 office; and
4300 (g) tax credit commitments made by the office, with the associated calculation.
4301 (2) Each month, the office shall post on its website and on a state website:
4302 (a) the new tax credit commitments made by the office during the previous month; and
4303 (b) the estimated costs and economic benefits of those tax credit commitments.
4304 (3) (a) On or before November 1, 2014, and every three years after November 1, 2014,
4305 the office shall:
4306 (i) conduct an audit of the tax credits allowed under Section 63N-2-105;
4307 (ii) study the tax credits allowed under Section 63N-2-105; and
4308 (iii) make recommendations concerning whether the tax credits should be continued,
4309 modified, or repealed.
4310 (b) The audit shall include an evaluation of:
4311 (i) the cost of the tax credits;
4312 (ii) the purposes and effectiveness of the tax credits;
4313 (iii) the extent to which the state benefits from the tax credits; and
4314 (iv) the state's return on investment under this part measured by new state revenues,
4315 compared with the costs of tax credits provided and GOED's expenses in administering this
4316 part.
4317 (c) The office shall provide the results of the audit described in this Subsection (3):
4318 (i) in the written annual report described in Subsection (1); and
4319 (ii) as part of the reviews described in Sections 59-7-159 and 59-10-137.
4320 Section 94. Section 63N-2-107 is amended to read:
4321 63N-2-107. Reports of new state revenues, partial rebates, and tax credits.
4322 (1) Before October 1 of each year, the office shall submit a report to the Governor's
4323 Office of Management and Budget, the Office of Legislative Fiscal Analyst, and the Division
4324 of Finance identifying:
4325 (a) (i) the total estimated amount of new state revenues created from new commercial
4326 projects in development zones;
4327 (ii) the estimated amount of new state revenues from new commercial projects in
4328 development zones that will be generated from:
4329 (A) sales tax;
4330 (B) income tax; and
4331 (C) corporate franchise and income tax; and
4332 (iii) the minimum number of new incremental jobs and high paying jobs that will be
4333 created before any tax credit is awarded; and
4334 (b) the total estimated amount of tax credits that the office projects that business
4335 entities, local government entities, or community reinvestment agencies will qualify to claim
4336 under this part.
4337 (2) By the first business day of each month, the office shall submit a report to the
4338 Governor's Office of Management and Budget, the Office of Legislative Fiscal Analyst, and the
4339 Division of Finance identifying:
4340 (a) each new agreement entered into by the office since the last report;
4341 (b) the estimated amount of new state revenues that will be generated under each
4342 agreement;
4343 (c) the estimated maximum amount of tax credits that a business entity, local
4344 government entity, or community reinvestment agency could qualify for under each agreement;
4345 and
4346 (d) the minimum number of new incremental jobs and high paying jobs that will be
4347 created before any tax credit is awarded.
4348 (3) At the reasonable request of the Governor's Office of Management and Budget, the
4349 Office of Legislative Fiscal Analyst, or the Division of Finance, the office shall provide
4350 additional information about the tax credit, new incremental jobs and high paying jobs, costs,
4351 and economic benefits related to this part, if the information is part of a public record as
4352 defined in Section 63G-2-103.
4353 (4) By June 30, the office shall submit to the Economic Development and Workforce
4354 Services Interim Committee, the Business, Economic Development, and Labor Appropriations
4355 Subcommittee, and the governor, a written report that provides an overview of the
4356 implementation and efficacy of the statewide economic development strategy, including an
4357 analysis of the extent to which the office's programs are aligned with the prevailing economic
4358 conditions expected in the next fiscal year.
4359 Section 95. Section 63N-2-203 is amended to read:
4360 63N-2-203. Powers of the office.
4361 The office shall:
4362 (1) monitor the implementation and operation of this part and conduct a continuing
4363 evaluation of the progress made in the enterprise zones;
4364 (2) evaluate an application for designation as an enterprise zone from a county
4365 applicant or a municipal applicant and determine if the applicant qualifies for that designation;
4366 (3) provide technical assistance to county applicants and municipal applicants in
4367 developing applications for designation as enterprise zones;
4368 (4) assist county applicants and municipal applicants designated as enterprise zones in
4369 obtaining assistance from the federal government and agencies of the state;
4370 (5) assist a qualified business entity in obtaining the benefits of an incentive or
4371 inducement program authorized by this part; and
4372 (6) as part of the annual written report described in Section [
4373 prepare an annual evaluation that provides:
4374 (a) based on data from the State Tax Commission, the total amount of tax credits
4375 claimed under this part;
4376 (b) the total amount awarded in tax credits for each development zone;
4377 (c) the number of new full-time employee positions reported to obtain tax credits in
4378 each development zone;
4379 (d) the amount of tax credits awarded for rehabilitating a building in each development
4380 zone;
4381 (e) the amount of tax credits awarded for investing in a plant, equipment, or other
4382 depreciable property in each development zone; and
4383 (f) recommendations regarding the effectiveness of the program and any suggestions
4384 for legislation.
4385 Section 96. Section 63N-2-213 is amended to read:
4386 63N-2-213. State tax credits.
4387 (1) The office shall certify a business entity's eligibility for a tax credit described in this
4388 section.
4389 (2) A business entity seeking to receive a tax credit as provided in this section shall
4390 provide the office with:
4391 (a) an application for a tax credit certificate in a form approved by the office, including
4392 a certification, by an officer of the business entity, of a signature on the application; and
4393 (b) documentation that demonstrates the business entity has met the requirements to
4394 receive the tax credit.
4395 (3) If, after review of an application and documentation provided by a business entity
4396 as described in Subsection (2), the office determines that the application and documentation are
4397 inadequate to provide a reasonable justification for authorizing the tax credit, the office shall:
4398 (a) deny the tax credit; or
4399 (b) inform the business entity that the application or documentation was inadequate
4400 and ask the business entity to submit additional documentation.
4401 (4) If, after review of an application and documentation provided by a business entity
4402 as described in Subsection (2), the office determines that the application and documentation
4403 provide reasonable justification for authorizing a tax credit, the office shall:
4404 (a) determine the amount of the tax credit to be granted to the business entity;
4405 (b) issue a tax credit certificate to the business entity; and
4406 (c) provide a [
4407 Commission.
4408 (5) A business entity may not claim a tax credit under this section unless the business
4409 entity has a tax credit certificate issued by the office.
4410 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4411 office shall make rules describing:
4412 (a) the form and content of an application for a tax credit under this section;
4413 (b) the documentation requirements for a business entity to receive a tax credit
4414 certificate under this section; and
4415 (c) administration of the program, including relevant timelines and deadlines.
4416 (7) Subject to the limitations of Subsections (8) through (10), and if the requirements
4417 of this part are met, the following nonrefundable tax credits against a tax under Title 59,
4418 Chapter 7, Corporate Franchise and Income Taxes, or Title 59, Chapter 10, Individual Income
4419 Tax Act, are applicable in an enterprise zone:
4420 (a) a tax credit of $750 may be claimed by a business entity for each new full-time
4421 employee position created within the enterprise zone;
4422 (b) an additional $500 tax credit may be claimed if the new full-time employee position
4423 created within the enterprise zone pays at least 125% of:
4424 (i) the county average monthly nonagricultural payroll wage for the respective industry
4425 as determined by the Department of Workforce Services; or
4426 (ii) if the county average monthly nonagricultural payroll wage is not available for the
4427 respective industry, the total average monthly nonagricultural payroll wage in the respective
4428 county where the enterprise zone is located;
4429 (c) an additional tax credit of $750 may be claimed if the new full-time employee
4430 position created within the enterprise zone is in a business entity that adds value to agricultural
4431 commodities through manufacturing or processing;
4432 (d) an additional tax credit of $200 may be claimed for each new full-time employee
4433 position created within the enterprise zone that is filled by an employee who is insured under
4434 an employer-sponsored health insurance program if the employer pays at least 50% of the
4435 premium cost for the year for which the credit is claimed;
4436 (e) a tax credit of 25% of the first $200,000 spent on rehabilitating a building in the
4437 enterprise zone that has been vacant for two years or more, including that the building has had
4438 or contained no occupants, tenants, furniture, or personal property for two years or more, in the
4439 time period immediately before the rehabilitation; and
4440 (f) an annual investment tax credit may be claimed in an amount equal to 5% of the first
4441 $750,000 qualifying investment in plant, equipment, or other depreciable property.
4442 (8) (a) Subject to the limitations of Subsection (8)(b), a business entity claiming a tax
4443 credit under Subsections (7)(a) through (d) may claim the tax credit for no more than 30
4444 full-time employee positions in a taxable year.
4445 (b) A business entity that received a tax credit for one or more new full-time employee
4446 positions under Subsections (7)(a) through (d) in a prior taxable year may claim a tax credit for
4447 a new full-time employee position in a subsequent taxable year under Subsections (7)(a)
4448 through (d) if:
4449 (i) the business entity has created a new full-time position within the enterprise zone;
4450 and
4451 (ii) the total number of employee positions at the business entity at any point during the
4452 tax year for which the tax credit is being claimed is greater than the highest number of
4453 employee positions that existed at the business entity in the previous taxable year.
4454 (c) Construction jobs are not eligible for the tax credits under Subsections (7)(a)
4455 through (d).
4456 (9) If the amount of a tax credit under this section exceeds a business entity's tax
4457 liability under this chapter for a taxable year, the business entity may carry forward the amount
4458 of the tax credit exceeding the liability for a period that does not exceed the next three taxable
4459 years.
4460 (10) Tax credits under Subsections (7)(a) through (f) may not be claimed by a business
4461 entity primarily engaged in retail trade, residential rental property, or by a public utilities
4462 business.
4463 (11) A business entity that has no employees:
4464 (a) may not claim tax credits under Subsections (7)(a) through (d); and
4465 (b) may claim tax credits under Subsections (7)(e) through (f).
4466 (12) (a) A business entity may not claim or carry forward a tax credit available under
4467 this part for a taxable year during which the business entity has claimed the targeted business
4468 income tax credit available under Section 63N-2-304.
4469 (b) A business entity may not claim or carry forward a tax credit available under this
4470 section for a taxable year during which the business entity claims or carries forward a tax credit
4471 available under Section 59-7-610 or 59-10-1007.
4472 (13) (a) On or before November 30, 2018, and every three years after 2018, the
4473 Revenue and Taxation Interim Committee shall review the tax credits provided by this section
4474 and make recommendations concerning whether the tax credits should be continued, modified,
4475 or repealed.
4476 (b) In conducting the review required by Subsection (13)(a), the Revenue and Taxation
4477 Interim Committee shall:
4478 (i) schedule time on at least one committee agenda to conduct the review;
4479 (ii) invite state agencies, individuals, and organizations concerned with the credits
4480 under review to provide testimony;
4481 (iii) ensure that the recommendations described in this section include an evaluation of:
4482 (A) the cost of the tax credits to the state;
4483 (B) the purpose and effectiveness of the tax credits; and
4484 (C) the extent to which the state benefits from the tax credits; and
4485 (iv) undertake other review efforts as determined by the chairs of the Revenue and
4486 Taxation Interim Committee.
4487 Section 97. Section 63N-2-303 is amended to read:
4488 63N-2-303. Duties of the office.
4489 The office shall:
4490 (1) monitor the implementation and operation of this part and conduct a continuing
4491 evaluation of the effectiveness of the targeted business income tax credit in bringing significant
4492 new employment and significant new capital development to rural communities;
4493 (2) determine a business entity's eligibility for a targeted business income tax credit
4494 award;
4495 (3) ensure that tax credits are only awarded under this part to a business applicant that
4496 has satisfied performance benchmarks as determined by the office;
4497 (4) ensure that the amount of targeted business income tax credit awarded to a business
4498 applicant through a targeted business income tax credit eligibility certificate is no more than
4499 $100,000 for the business applicant's taxable year;
4500 (5) ensure that the aggregate amount of targeted business income tax credits awarded to
4501 business applicants through targeted business income tax credit eligibility certificates is no
4502 more than $300,000 for each fiscal year;
4503 (6) as part of the annual written report described in Section [
4504 prepare an annual evaluation that provides:
4505 (a) the identity of each business applicant that was provided a targeted business income
4506 tax credit eligibility certificate by the office during the year of the annual report; and
4507 (b) the total amount awarded in targeted business income tax credit for each
4508 development zone; and
4509 (7) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
4510 in accordance with the provisions of this part, make rules regarding:
4511 (a) the determination of what constitutes:
4512 (i) significant new employment;
4513 (ii) significant new capital development; and
4514 (iii) a community investment project;
4515 (b) the form and content of an application for a targeted business income tax credit
4516 eligibility certificate under this part;
4517 (c) documentation or other requirements for a business applicant to receive a targeted
4518 business income tax credit eligibility certificate under this part; and
4519 (d) administration of targeted business income tax credit awards and the issuing of
4520 targeted business income tax credit eligibility certificates, including relevant timelines and
4521 deadlines.
4522 Section 98. Section 63N-2-503 is amended to read:
4523 63N-2-503. Agreement for development of new convention hotel -- Convention
4524 incentive authorized -- Agreement requirements.
4525 (1) The office, with the board's advice, may enter into an agreement with a qualified
4526 hotel owner or a host local government:
4527 (a) for the development of a qualified hotel; and
4528 (b) to authorize a convention incentive:
4529 (i) to the qualified hotel owner or host local government, but not both;
4530 (ii) for a period not to exceed the eligibility period;
4531 (iii) in the amount of new tax revenue, subject to Subsection (2) and notwithstanding
4532 any other restriction provided by law;
4533 (iv) if:
4534 (A) the county in which the qualified hotel is proposed to be located has issued an
4535 endorsement letter endorsing the qualified hotel owner; and
4536 (B) all applicable requirements of this part and the agreement are met; and
4537 (v) that is reduced by $1,900,000 per year during the first two years of the eligibility
4538 period, as described in Subsection (2)(c).
4539 (2) An agreement under Subsection (1) shall:
4540 (a) specify the requirements for the qualified hotel owner or host local government to
4541 qualify for a convention incentive;
4542 (b) require compliance with the terms of the endorsement letter issued by the county in
4543 which the qualified hotel is proposed to be located;
4544 (c) require the amount of certified claims for the first two years of the eligibility period
4545 to be reduced by $1,900,000 per year;
4546 (d) with respect to the state portion of the convention incentive:
4547 (i) specify the maximum dollar amount that the qualified hotel owner or host local
4548 government may receive, subject to a maximum of:
4549 (A) for any calendar year, the amount of the state portion in that calendar year; and
4550 (B) $75,000,000 in the aggregate for the qualified hotel owner or host local
4551 government during an eligibility period, calculated as though the two $1,900,000 reductions of
4552 the [
4553 (ii) specify the maximum percentage of the state portion that may be used in
4554 calculating the portion of the convention incentive that the qualified hotel owner or host local
4555 government may receive during the eligibility period for each calendar year and in the
4556 aggregate;
4557 (e) establish a shorter period of time than the period described in Subsection
4558 63N-2-502(10)(a) during which the qualified hotel owner or host local government may claim
4559 the convention incentive or that the host agency may be paid incremental property tax revenue,
4560 if the office and qualified hotel owner or host local government agree to a shorter period of
4561 time;
4562 (f) require the qualified hotel owner to retain books and records supporting a claim for
4563 the convention incentive as required by Section 59-1-1406;
4564 (g) allow the transfer of the agreement to a third party if the third party assumes all
4565 liabilities and responsibilities in the agreement;
4566 (h) limit the expenditure of funds received under the convention incentive as provided
4567 in Section 63N-2-512; and
4568 (i) require the qualified hotel owner or host local government to submit to any audit
4569 and to provide any audit level [
4570 appropriate for verification of any claim.
4571 (3) Notwithstanding any other provision of law, a county or city in which a qualified
4572 hotel is located may contribute property to the qualified hotel owner or host local government
4573 without consideration, to be used as provided in Subsection 63N-2-508(3)(a).
4574 Section 99. Section 63N-2-504 is amended to read:
4575 63N-2-504. Independent review committee.
4576 (1) In accordance with rules adopted by the office under Section 63N-2-509, the
4577 [
4578 recommendations to the office regarding the terms and conditions of an agreement and to
4579 consult with the office as provided in this part or in rule.
4580 (2) The review committee shall consist of:
4581 (a) one member appointed by the executive director to represent the office;
4582 (b) two members appointed by the mayor or chief executive of the county in which the
4583 qualified hotel is located or proposed to be located;
4584 (c) two members appointed by:
4585 (i) the mayor of the municipality in which the qualified hotel is located or proposed to
4586 be located, if the qualified hotel is located or proposed to be located within the boundary of a
4587 municipality; or
4588 (ii) the mayor or chief executive of the county in which the qualified hotel is located or
4589 proposed to be located, in addition to the two members appointed under Subsection (2)(b), if
4590 the qualified hotel is located or proposed to be located outside the boundary of a municipality;
4591 (d) an individual representing the hotel industry, appointed by the Utah Hotel and
4592 Lodging Association;
4593 (e) an individual representing the commercial development and construction industry,
4594 appointed by the president or chief executive officer of the local chamber of commerce;
4595 (f) an individual representing the convention and meeting planners industry, appointed
4596 by the president or chief executive officer of the local convention and visitors bureau; and
4597 (g) one member appointed by the [
4598 (3) (a) A member serves an indeterminate term and may be removed from the review
4599 committee by the appointing authority at any time.
4600 (b) A vacancy may be filled in the same manner as an appointment under Subsection
4601 (2).
4602 (4) A member of the review committee may not be paid for serving on the review
4603 committee and may not receive per diem or expense reimbursement.
4604 (5) The office shall provide any necessary staff support to the review committee.
4605 Section 100. Section 63N-2-510 is amended to read:
4606 63N-2-510. Report by office -- Posting of report.
4607 (1) The office shall include the following information in the office's annual written
4608 report described in Section [
4609 (a) the state's success in attracting new conventions and corresponding new state
4610 revenue;
4611 (b) the estimated amount of convention incentive commitments and the associated
4612 calculation made by the office and the period of time over which convention incentives are
4613 expected to be paid;
4614 (c) the economic impact on the state related to generating new state revenue and
4615 providing convention incentives; and
4616 (d) the estimated and actual costs and economic benefits of the convention incentive
4617 commitments that the office made.
4618 (2) Upon the commencement of the construction of a qualified hotel, the office shall
4619 send a written notice to the Division of Finance:
4620 (a) referring to the two annual deposits required under Subsection 59-12-103(11); and
4621 (b) notifying the Division of Finance that construction on the qualified hotel has begun.
4622 Section 101. Section 63N-2-512 is amended to read:
4623 63N-2-512. Hotel Impact Mitigation Fund.
4624 (1) As used in this section:
4625 (a) "Affected hotel" means a hotel built in the state before July 1, 2014.
4626 (b) "Direct losses" means affected hotels' losses of hotel guest business attributable to
4627 the qualified hotel room supply being added to the market in the state.
4628 (c) "Mitigation fund" means the Hotel Impact Mitigation Fund, created in Subsection
4629 (2).
4630 (2) There is created an expendable special revenue fund known as the Hotel Impact
4631 Mitigation Fund.
4632 (3) The mitigation fund shall:
4633 (a) be administered by the [
4634 (b) earn interest; and
4635 (c) be funded by:
4636 (i) payments required to be deposited into the mitigation fund by the Division of
4637 Finance under Subsection 59-12-103(11);
4638 (ii) money required to be deposited into the mitigation fund under Subsection
4639 17-31-9(2) by the county in which a qualified hotel is located; and
4640 (iii) any money deposited into the mitigation fund under Subsection (6).
4641 (4) Interest earned by the mitigation fund shall be deposited into the mitigation fund.
4642 (5) (a) In accordance with office rules, the [
4643 up to $2,100,000 of money in the mitigation fund:
4644 (i) to affected hotels;
4645 (ii) for four consecutive years, beginning 12 months after the date of initial occupancy
4646 of the qualified hotel occurs; and
4647 (iii) to mitigate direct losses.
4648 (b) (i) If the amount the [
4649 year is less than $2,100,000, the [
4650 Bounce Back Fund, created in Section 63N-2-511, the difference between $2,100,000 and the
4651 amount paid under Subsection (5)(a).
4652 (ii) The [
4653 (5)(b)(i) within 90 days after the end of the year for which a determination is made of how
4654 much the [
4655 (6) A host local government or qualified hotel owner may make payments to the
4656 Division of Finance for deposit into the mitigation fund.
4657 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4658 office shall, in consultation with the Utah Hotel and Lodging Association and the county in
4659 which the qualified hotel is located, make rules establishing procedures and criteria governing
4660 payments under Subsection (5)(a) to affected hotels.
4661 Section 102. Section 63N-2-808 is amended to read:
4662 63N-2-808. Agreements between office and tax credit applicant and life science
4663 establishment -- Tax credit certificate.
4664 (1) (a) The office, with advice from the [
4665 agreement to grant a tax credit certificate to a tax credit applicant selected in accordance with
4666 this part, if the tax credit applicant meets the conditions established in the agreement and under
4667 this part.
4668 (b) The agreement described in Subsection (1)(a) shall:
4669 (i) detail the requirements that the tax credit applicant shall meet prior to receiving a
4670 tax credit certificate;
4671 (ii) require the tax credit certificate recipient to retain records supporting a claim for a
4672 tax credit for at least four years after the tax credit certificate recipient claims a tax credit under
4673 this part; and
4674 (iii) require the tax credit certificate recipient to submit to audits for verification of the
4675 tax credit claimed, including audits by the office and by the State Tax Commission.
4676 (2) (a) The office, with advice from the [
4677 agreement with the life science establishment in which the tax credit applicant invested for
4678 purposes of claiming a tax credit.
4679 (b) The agreement described in Subsection (2)(a):
4680 (i) shall provide the office with a document that expressly and directly authorizes the
4681 State Tax Commission to disclose to the office the life science establishment's tax returns and
4682 other information that would otherwise be subject to confidentiality under Section 59-1-403 or
4683 Section 6103, Internal Revenue Code;
4684 (ii) shall authorize the Department of Workforce Services to disclose to the office the
4685 employment data that the life science establishment submits to the Department of Workforce
4686 Services;
4687 (iii) shall require the life science establishment to provide the office with the life
4688 science establishment's current capitalization tables; and
4689 (iv) may require the life science establishment to provide the office with other data
4690 that:
4691 (A) ensure compliance with the requirements of this chapter; and
4692 (B) demonstrate the economic impact of the tax credit applicant's investment in the life
4693 science establishment.
4694 Section 103. Section 63N-2-810 is amended to read:
4695 63N-2-810. Reports on tax credit certificates.
4696 The office shall include the following information in the annual written report described
4697 in Section [
4698 (1) the total amount listed on tax credit certificates the office issues under this part;
4699 (2) the criteria that the office uses in prioritizing the issuance of tax credits amongst tax
4700 credit applicants under this part; and
4701 (3) the economic impact on the state related to providing tax credits under this part.
4702 Section 104. Section 63N-3-102 is amended to read:
4703 63N-3-102. Definitions.
4704 As used in this part:
4705 (1) "Administrator" means the executive director or the executive director's designee.
4706 [
4707
4708
4709 [
4710
4711 [
4712 [
4713 [
4714 [
4715 [
4716 [
4717 circumstances, including the development of recreation infrastructure and the promotion of the
4718 high tech sector in the state, which lend themselves to the furtherance of the economic interests
4719 of the state by providing a catalyst or stimulus to the growth or retention, or both, of commerce
4720 and industry in the state, including retention of companies whose relocation outside the state
4721 would have a significant detrimental economic impact on the state as a whole, regions of the
4722 state, or specific components of the state as determined by the [
4723 [
4724
4725 [
4726
4727
4728 [
4729
4730 [
4731 Assistance Account created in Section 63N-3-103.
4732 [
4733 [
4734 (5) "Talent development grant" means a grant awarded under Section 63N-3-112.
4735 Section 105. Section 63N-3-103 is amended to read:
4736 63N-3-103. Industrial Assistance Account created -- Uses -- Administrator duties
4737 -- Costs.
4738 (1) There is created a restricted account within the General Fund known as the
4739 "Industrial Assistance Account" [
4740 [
4741
4742 [
4743
4744 (2) The administrator shall administer the restricted account [
4745
4746 (3) The administrator may hire appropriate support staff to perform the duties required
4747 under this section.
4748 (4) The cost of administering the restricted account shall be paid from money in the
4749 restricted account.
4750 (5) Interest accrued from investment of money in the restricted account shall remain in
4751 the restricted account.
4752 (6) The office shall review the activities and progress of grant recipients under this
4753 chapter on a regular basis and, as part of the office's annual written report described in Section
4754 [
4755 each grant.
4756 Section 106. Section 63N-3-105 is amended to read:
4757 63N-3-105. Qualification for assistance.
4758 (1) (a) Except as provided in [
4759 Section 63N-3-109, the administrator shall determine which industries, companies, and
4760 individuals qualify to receive money from the Industrial Assistance Account.
4761 (b) Except as provided by Subsection (2), to qualify for financial assistance from the
4762 restricted account, an applicant shall:
4763 [
4764 expend funds in [
4765 in an amount proportional with money provided from the restricted account at a minimum ratio
4766 of [
4767
4768
4769 [
4770 sustain economic activity in the state sufficient to repay, by means of cash or appropriate
4771 credits, the loan provided by the restricted account; and
4772 [
4773 (2) (a) The administrator may exempt an applicant from the requirements of Subsection
4774 (1)(a) or (b) if:
4775 [
4776
4777 [
4778 [
4779 6a, Utah Revised Nonprofit Corporation Act, or Title 63E, Chapter 2, Independent
4780 Corporations Act, and its operations, as demonstrated to the satisfaction of the administrator,
4781 will provide significant economic stimulus to the growth of commerce and industry in the state;
4782 or
4783 [
4784 63N-3-109.
4785 (b) The administrator may not exempt the applicant from the requirement under
4786 Subsection 63N-3-106(2)(b) that the loan be structured so that the repayment or return to the
4787 state equals at least the amount of the assistance together with an annual interest charge.
4788 (3) The administrator shall:
4789 (a) for applicants not described in Subsection (2)(a):
4790 (i) make findings as to whether or not each applicant has satisfied each of the
4791 conditions set forth in Subsection (1); and
4792 (ii) monitor the continued compliance by each applicant with each of the conditions set
4793 forth in Subsection (1) for five years;
4794 [
4795
4796
4797
4798 [
4799 or agreement entered into between the applicant and the state as provided in Section
4800 63N-3-107; and
4801 [
4802 Section 107. Section 63N-3-106 is amended to read:
4803 63N-3-106. Loans, grants, and assistance -- Repayment -- Earned credits.
4804 (1) (a) A company that qualifies under Section 63N-3-105 may receive loans, grants, or
4805 other financial assistance from the Industrial Assistance Account for expenses related to
4806 establishment, relocation, or development of industry in Utah.
4807 [
4808
4809
4810
4811 [
4812
4813 [
4814 [
4815 63N-3-109 may:
4816 (i) receive loans, grants, or other financial assistance from the restricted account for
4817 expenses related to the establishment, relocation, retention, or development of industry in the
4818 state; and
4819 (ii) include infrastructure or other economic development precursor activities that act
4820 as a catalyst and stimulus for economic activity likely to lead to the maintenance or
4821 enlargement of the state's tax base.
4822 [
4823
4824
4825
4826
4827 (2) (a) Subject to Subsection (2)(b), the administrator has authority to determine the
4828 structure, amount, and nature of any loan, grant, or other financial assistance from the restricted
4829 account.
4830 (b) Loans made under Subsection (2)(a) shall be structured so the intended repayment
4831 or return to the state, including cash or credit, equals at least the amount of the assistance
4832 together with an annual interest charge as negotiated by the administrator.
4833 (c) Payments resulting from grants awarded from the restricted account shall be made
4834 only after the administrator has determined that the company has satisfied the conditions upon
4835 which the payment or earned credit was based.
4836 (3) (a) (i) Except as provided in Subsection (3)(b), the administrator may provide for a
4837 system of earned credits that may be used to support grant payments or in lieu of cash
4838 repayment of a restricted account loan obligation.
4839 (ii) The value of the credits described in Subsection (3)(a)(i) shall be based on factors
4840 determined by the administrator, including:
4841 (A) the number of Utah jobs created;
4842 (B) the increased economic activity in Utah; or
4843 (C) other events and activities that occur as a result of the restricted account assistance.
4844 (b) (i) The administrator shall provide for a system of credits to be used to support
4845 grant payments or in lieu of cash repayment of a restricted account loan when loans are made to
4846 a company creating an economic impediment.
4847 (ii) The value of the credits described in Subsection (3)(b)(i) shall be based on factors
4848 determined by the administrator, including:
4849 (A) the number of Utah jobs created;
4850 (B) the increased economic activity in Utah; or
4851 (C) other events and activities that occur as a result of the restricted account assistance.
4852 (4) (a) A cash loan repayment or other cash recovery from a company receiving
4853 assistance under this section, including interest, shall be deposited into the restricted account.
4854 (b) The administrator and the Division of Finance shall determine the manner of
4855 recognizing and accounting for the earned credits used in lieu of loan repayments or to support
4856 grant payments as provided in Subsection (3).
4857 (5) (a) (i) At the end of each fiscal year, the Division of Finance shall set aside the
4858 balance of the General Fund revenue surplus as defined in Section 63J-1-312 after the transfers
4859 of General Fund revenue surplus described in Subsection (5)(b) to the Industrial Assistance
4860 Account in an amount equal to any credit that has accrued under this part.
4861 (ii) The set aside under Subsection (5)(a)(i) shall be capped at $50,000,000, at which
4862 time no subsequent contributions may be made and any interest accrued above the $50,000,000
4863 cap shall be deposited into the General Fund.
4864 (b) The set aside required by Subsection (5)(a) shall be made after the transfer of
4865 surplus General Fund revenue surplus is made:
4866 (i) to the Medicaid Growth Reduction and Budget Stabilization Restricted Account, as
4867 provided in Section 63J-1-315;
4868 (ii) to the General Fund Budget Reserve Account, as provided in Section 63J-1-312;
4869 and
4870 (iii) to the Wildland Fire Suppression Fund or State Disaster Recovery Restricted
4871 Account, as provided in Section 63J-1-314.
4872 (c) These credit amounts may not be used for purposes of the restricted account as
4873 provided in this part until appropriated by the Legislature.
4874 Section 108. Section 63N-3-109 is amended to read:
4875 63N-3-109. Financial assistance to entities offering economic opportunities.
4876 (1) Subject to the duties and powers of the [
4877 board under Section 63N-1b-202, the administrator may provide money from the Industrial
4878 Assistance Account to an entity offering an economic opportunity if that entity:
4879 (a) applies to the administrator in a form approved by the administrator; and
4880 (b) meets the qualifications of Subsection (2).
4881 (2) As part of an application for receiving money under this section, an applicant shall:
4882 (a) demonstrate to the satisfaction of the administrator the nature of the economic
4883 opportunity and the related benefit to the economic well-being of the state by providing
4884 evidence documenting the logical and compelling linkage, either direct or indirect, between the
4885 expenditure of money necessitated by the economic opportunity and the likelihood that the
4886 state's tax base, regions of the state's tax base, or specific components of the state's tax base
4887 will not be reduced but will be maintained or enlarged;
4888 (b) demonstrate how the funding request will act in concert with other state, federal, or
4889 local agencies to achieve the economic benefit;
4890 (c) demonstrate how the funding request will act in concert with free market principles;
4891 and
4892 (d) satisfy other criteria the administrator considers appropriate[
4893 [
4894 [
4895
4896
4897 [
4898
4899
4900
4901 [
4902 [
4903 [
4904 [
4905 [
4906 [
4907 [
4908 [
4909
4910
4911
4912 [
4913
4914 (3) [
4915 awarding any money under this section, the administrator shall:
4916 (a) make findings as to whether an applicant has satisfied [
4917
4918 (b) establish benchmarks and timeframes in which progress toward the completion of
4919 the agreed upon activity is to occur;
4920 (c) monitor compliance by an applicant with any contract or agreement entered into by
4921 the applicant and the state as provided by Section 63N-3-107; and
4922 (d) make funding decisions based upon appropriate findings and compliance[
4923 [
4924
4925
4926
4927
4928 [
4929
4930 [
4931 Section 109. Section 63N-3-111 is amended to read:
4932 63N-3-111. Annual policy considerations.
4933 (1) (a) The [
4934 of industries shall be targeted industries as defined in Section 63N-3-102.
4935 (b) The office shall make recommendations to state and federal agencies, local
4936 governments, the governor, and the Legislature regarding policies and initiatives that promote
4937 the economic development of targeted industries.
4938 (c) The office may create one or more voluntary advisory committees that may include
4939 public and private stakeholders to solicit input on policy guidance and best practices in
4940 encouraging the economic development of targeted industries.
4941 [
4942
4943
4944 [
4945 GO Utah board shall use an econometric cost-benefit model [
4946
4947 [
4948 (a) minimum interest rates to be applied to loans granted that reflect a fair social rate of
4949 return to the state comparable to prevailing market-based rates such as the prime rate, U.S.
4950 Government T-bill rate, or bond coupon rate as paid by the state, adjusted by social indicators
4951 such as the rate of unemployment; and
4952 (b) minimum applicant expense ratios, as long as they are at least equal to those
4953 required under Subsection 63N-3-105(1)[
4954 Section 110. Section 63N-3-112 is enacted to read:
4955 63N-3-112. Talent development grants.
4956 (1) A for-profit business that is creating new incremental high paying jobs in the state,
4957 may apply to receive a talent development grant from the restricted account.
4958 (2) In accordance with the provisions of this section and in consultation with the board,
4959 the administrator may award up to $10,000 per new job created.
4960 (3) The administrator shall designate an application process for a business to apply for
4961 the grant.
4962 (4) A business may apply to receive a grant only after each employee has been
4963 employed at qualifying wage levels for at least 12 consecutive months.
4964 (5) Money granted for a talent development grant under this section shall be deducted
4965 from any other money or incentive awarded by the office to the business.
4966 (6) Grants awarded under this section are only to reimburse a business for the costs
4967 incurred to recruit, hire, train, and otherwise employ an employee in a newly created job.
4968 (7) A business shall submit a hiring and training plan detailing what the grant money
4969 will be used for as part of the application process.
4970 (8) The administrator may only grant an award up to an amount that is no more than
4971 25% of the estimated costs to be incurred by the business for the costs in the hiring and training
4972 plan.
4973 Section 111. Section 63N-3-204 is amended to read:
4974 63N-3-204. Administration -- Grants and loans.
4975 (1) The office shall administer this part.
4976 (2) (a) (i) The office may award Technology Commercialization and Innovation
4977 Program grants or issue loans under this part to an applicant that is:
4978 (A) an institution of higher education;
4979 (B) a licensee; or
4980 (C) a small business.
4981 (ii) If loans are issued under Subsection (2)(a)(i), the Division of Finance may set up a
4982 fund or account as necessary for the proper accounting of the loans.
4983 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4984 office shall make rules for a process to determine whether an institution of higher education
4985 that receives a grant under this part must return the grant proceeds or a portion of the grant
4986 proceeds if the technology that is developed with the grant proceeds is licensed to a licensee
4987 that:
4988 (i) does not maintain a manufacturing or service location in the state from which the
4989 licensee or a sublicensee exploits the technology; or
4990 (ii) initially maintains a manufacturing or service location in the state from which the
4991 licensee or a sublicensee exploits the technology, but within five years after issuance of the
4992 license the licensee or sublicensee transfers the manufacturing or service location for the
4993 technology to a location out of the state.
4994 (c) A repayment by an institution of higher education of grant proceeds or a portion of
4995 the grant proceeds may only come from the proceeds of the license established between the
4996 licensee and the institution of higher education.
4997 (d) (i) An applicant that is a licensee or small business that receives a grant under this
4998 part shall return the grant proceeds or a portion of the grant proceeds to the office if the
4999 applicant:
5000 (A) does not maintain a manufacturing or service location in the state from which the
5001 applicant exploits the technology; or
5002 (B) initially maintains a manufacturing or service location in the state from which the
5003 applicant exploits the technology, but within five years after issuance of the grant, the applicant
5004 transfers the manufacturing or service location for the technology to an out-of-state location.
5005 (ii) A repayment by an applicant shall be prorated based on the number of full years the
5006 applicant operated in the state from the date of the awarded grant.
5007 (iii) A repayment by a licensee that receives a grant may only come from the proceeds
5008 of the license to that licensee.
5009 (3) (a) Funding allocations shall be made by the office with the advice of the [
5010 GO Utah board.
5011 (b) Each proposal shall receive the best available outside review.
5012 (4) (a) In considering each proposal, the office shall weigh technical merit, the level of
5013 matching funds from private and federal sources, and the potential for job creation and
5014 economic development.
5015 (b) Proposals or consortia that combine and coordinate related research at two or more
5016 institutions of higher education shall be encouraged.
5017 (5) The office shall review the activities and progress of grant recipients on a regular
5018 basis and, as part of the office's annual written report described in Section [
5019 63N-1a-306, report on the accomplishments and direction of the Technology
5020 Commercialization and Innovation Program.
5021 (6) (a) On or before August 1, 2018, the office shall provide a written analysis and
5022 recommendations concerning the usefulness of the Technology Commercialization and
5023 Innovation Program described in this part, including whether:
5024 (i) the program is beneficial to the state and should continue; and
5025 (ii) other office programs or programs in other agencies could provide similar benefits
5026 to the state more effectively or at a lower cost.
5027 (b) The written analysis and recommendations described in this Subsection (6) shall be
5028 provided to:
5029 (i) the Business, Economic Development, and Labor Appropriations Subcommittee;
5030 (ii) the Economic Development and Workforce Services Interim Committee;
5031 (iii) the Business and Labor Interim Committee; and
5032 (iv) the governor.
5033 Section 112. Section 63N-4-101 is amended to read:
5034
5035 63N-4-101. Title -- Definitions.
5036 (1) This chapter is known as the "Rural Development Act."
5037 [
5038 [
5039 [
5040 [
5041 (2) As used in this part, "program" means the Rural Development Program created in
5042 Section 63N-4-102.
5043 Section 113. Section 63N-4-102 is amended to read:
5044 63N-4-102. Rural Development Program -- Supervision by office.
5045 (1) There is created within the [
5046 the [
5047 (2) The [
5048 general supervision of the [
5049 Section 114. Section 63N-4-103 is amended to read:
5050 63N-4-103. Purpose of the Center for Rural Development.
5051 The [
5052 (1) foster and support economic development programs and activities for the benefit of
5053 rural counties and communities;
5054 (2) foster and support community, county, and resource management planning
5055 programs and activities for the benefit of rural counties and communities;
5056 (3) foster and support leadership training programs and activities for the benefit of:
5057 (a) rural leaders in both the public and private sectors;
5058 (b) economic development and planning personnel; and
5059 (c) rural government officials;
5060 (4) foster and support efforts to coordinate and focus the technical and other resources
5061 of appropriate institutions of higher education, local governments, private sector interests,
5062 associations, nonprofit organizations, federal agencies, and others, in ways that address the
5063 economic development, planning, and leadership challenges [
5064
5065 (5) work to enhance the capacity of GOED to address rural economic development,
5066 planning, and leadership training challenges and opportunities by establishing partnerships and
5067 positive working relationships with appropriate public and private sector entities, individuals,
5068 and institutions; and
5069 (6) foster government-to-government collaboration and good working relations
5070 between state and rural government regarding economic development and planning issues.
5071 Section 115. Section 63N-4-104 is amended to read:
5072 63N-4-104. Duties.
5073 (1) The [
5074 [
5075
5076 [
5077
5078 [
5079 development, planning, and leadership training challenges and opportunities by establishing
5080 partnerships and positive working relationships with appropriate public and private sector
5081 entities, individuals, and institutions;
5082 [
5083 coordinate and focus available resources in ways that address the economic development,
5084 planning, and leadership training challenges and priorities in rural Utah;
5085 [
5086 County Grant Program created in Section 17-54-103, including, as described in Subsection
5087 17-54-103(10), compiling reported information regarding the program for inclusion in
5088 [
5089 [
5090 government, coordinate relations between:
5091 (i) the state;
5092 (ii) rural governments;
5093 (iii) other public and private groups engaged in rural economic planning and
5094 development; and
5095 (iv) federal agencies.
5096 (2) (a) The [
5097 (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5098 make rules necessary to carry out its duties;
5099 (ii) accept gifts, grants, devises, and property, in cash or in kind, for the benefit of rural
5100 Utah citizens; and
5101 (iii) use those gifts, grants, devises, and property received under Subsection (2)(a)(ii)
5102 for the use and benefit of rural citizens within the state.
5103 (b) All resources received under Subsection (2)(a)(ii) shall be deposited in the General
5104 Fund as dedicated credits to be used as directed in Subsection (2)(a)(iii).
5105 Section 116. Section 63N-4-105 is amended to read:
5106 63N-4-105. Program manager.
5107 (1) The executive director [
5108 for Rural Development with the approval of the governor.
5109 (2) The director of the [
5110 knowledgeable in the field of rural economic development and planning and experienced in
5111 administration.
5112 (3) Upon change of the executive director [
5113 Center for Rural Development may not be dismissed without cause for at least 180 days.
5114 [
5115
5116
5117 Section 117. Section 63N-4-106 is amended to read:
5118 63N-4-106. Annual report.
5119 [
5120 [
5121 Section 118. Section 63N-4-205 is amended to read:
5122 63N-4-205. Report on amount of grants and loans, projects, and outstanding
5123 debt.
5124 The board shall annually provide the following information to the office for inclusion in
5125 the office's annual written report described in Section [
5126 (1) the total amount of grants and loans the board awarded to eligible counties under
5127 this part during the fiscal year that ended on the June 30 immediately preceding the November
5128 interim meeting;
5129 (2) a description of the projects with respect to which the board awarded a grant or loan
5130 under this part;
5131 (3) the total amount of outstanding debt service that is being repaid by a grant or loan
5132 awarded under this part;
5133 (4) whether the grants and loans awarded under this part have resulted in economic
5134 development within project areas; and
5135 (5) whether the board recommends:
5136 (a) that the grants and loans authorized by this part should be continued; or
5137 (b) any modifications to this part.
5138 Section 119. Section 63N-4-403 is amended to read:
5139 63N-4-403. Duties of the office.
5140 (1) The office shall:
5141 (a) review a business entity's application for a rural employment expansion grant under
5142 this part in the order in which the application is received by the office;
5143 (b) ensure that a rural employment expansion grant is only awarded to a business entity
5144 that meets the requirements of this part; and
5145 (c) as part of the annual written report described in Section [
5146 prepare an annual evaluation that provides:
5147 (i) the identity of each business entity that was provided a rural employment expansion
5148 grant by the office during the year of the annual report;
5149 (ii) the total amount awarded in rural employment expansion grants for each county;
5150 and
5151 (iii) an evaluation of the effectiveness of the rural employment expansion grant in
5152 bringing significant new employment to rural communities.
5153 (2) The office may:
5154 (a) authorize a rural employment expansion grant for a business entity under this part;
5155 (b) audit a business entity to ensure:
5156 (i) eligibility for a rural employment expansion grant; and
5157 (ii) compliance with this part; and
5158 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
5159 in accordance with the provisions of this part, make rules regarding the:
5160 (i) form and content of an application for a rural employment expansion grant;
5161 (ii) documentation or other requirements for a business entity to receive a rural
5162 employment expansion grant; and
5163 (iii) administration of rural employment expansion grants, including an appeal process
5164 and relevant timelines and deadlines.
5165 Section 120. Section 63N-4-704 is amended to read:
5166 63N-4-704. Requirements for entering into a lease.
5167 (1) In accordance with the provisions of this part and in accordance with Title 63G,
5168 Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules establishing the
5169 eligibility and reporting criteria for an applicant to participate in the program as a lessor of a
5170 rural speculative industrial building, including:
5171 (a) the form and process of submitting an application to the office;
5172 (b) the eligibility requirements of an applicant;
5173 (c) the method and formula for determining lease terms between the office and a lessor
5174 of a rural speculative industrial building; and
5175 (d) the reporting requirements of participants in the program.
5176 (2) In determining whether to approve an application for participation in the program,
5177 the office may prioritize a project:
5178 (a) that will serve underprivileged or underserved communities, including communities
5179 with high unemployment or low median incomes;
5180 (b) where an applicant demonstrates comprehensive planning of the project, including
5181 a business case;
5182 (c) where the applicant, as determined by the office, is likely to have success in
5183 attracting a tenant to assume the office's lease of a rural speculative industrial building in a
5184 short amount of time; and
5185 (d) that maximizes economic development opportunities in accordance with the
5186 economic development needs or plans of a county or a municipality.
5187 (3) Subject to legislative appropriation, a lease may only be entered into by the office
5188 if:
5189 (a) the executive director, after consultation with the [
5190 entering into the lease;
5191 (b) the local municipal entity supports the program through the provision of local
5192 incentives, reduced impact fees, or other monetary support for the rural speculative industrial
5193 building; and
5194 (c) the lease terms are not more than $100,000 per year with a maximum five-year
5195 lease term.
5196 (4) The office shall include in the annual written report described in Section
5197 [
5198 (a) an overview of each lease entered into under this program; and
5199 (b) the success of this program in attracting new or expanding businesses into rural
5200 areas.
5201 Section 121. Section 63N-7-201 is amended to read:
5202 63N-7-201. Powers and duties of office related to tourism development plan --
5203 Annual report and survey.
5204 (1) The office shall:
5205 (a) be the tourism development authority of the state;
5206 (b) develop a tourism advertising, marketing, and branding program for the state;
5207 (c) receive approval from the Board of Tourism Development under Subsection
5208 63N-7-103(1)(a) before implementing the out-of-state advertising, marketing, and branding
5209 campaign;
5210 (d) develop a plan to increase the economic contribution by tourists visiting the state;
5211 (e) plan and conduct a program of information, advertising, and publicity relating to the
5212 recreational, scenic, historic, and tourist advantages and attractions of the state at large; and
5213 (f) encourage and assist in the coordination of the activities of persons, firms,
5214 associations, corporations, travel regions, counties, and governmental agencies engaged in
5215 publicizing, developing, and promoting the scenic attractions and tourist advantages of the
5216 state.
5217 (2) Any plan provided for under Subsection (1) shall address, but not be limited to,
5218 enhancing the state's image, promoting Utah as a year-round destination, encouraging
5219 expenditures by visitors to the state, and expanding the markets where the state is promoted.
5220 (3) The office shall:
5221 (a) conduct a regular and ongoing research program to identify statewide economic
5222 trends and conditions in the tourism sector of the economy; and
5223 (b) include in the annual written report described in Section [
5224 a report on the economic efficiency of the advertising and branding campaigns conducted under
5225 this part.
5226 Section 122. Section 63N-8-102 is amended to read:
5227 63N-8-102. Definitions.
5228 As used in this chapter:
5229 (1) "Digital media company" means a company engaged in the production of a digital
5230 media project.
5231 (2) "Digital media project" means all or part of a production of interactive
5232 entertainment or animated production that is produced for distribution in commercial or
5233 educational markets, which shall include projects intended for Internet or wireless distribution.
5234 (3) "Dollars left in the state" means expenditures made in the state for a state-approved
5235 production, including:
5236 (a) an expenditure that is subject to:
5237 (i) a corporate franchise or income tax under Title 59, Chapter 7, Corporate Franchise
5238 and Income Taxes;
5239 (ii) an individual income tax under Title 59, Chapter 10, Individual Income Tax Act;
5240 and
5241 (iii) a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act,
5242 notwithstanding any sales and use tax exemption allowed by law; or
5243 (iv) a combination of Subsections (3)(a)(i), (ii), and (iii);
5244 (b) payments made to a nonresident only to the extent of the income tax paid to the
5245 state on the payments, the amount of per diems paid in the state, and other direct
5246 reimbursements transacted in the state; and
5247 (c) payments made to a payroll company or loan-out corporation that is registered to do
5248 business in the state, only to the extent of the amount of withholding under Section 59-10-402.
5249 (4) "Loan-out corporation" means a corporation owned by one or more artists that
5250 provides services of the artists to a third party production company.
5251 (5) "Motion picture company" means a company engaged in the production of:
5252 (a) motion pictures;
5253 (b) television series; or
5254 (c) made-for-television movies.
5255 (6) "Motion picture incentive" means either a cash rebate from the Motion Picture
5256 Incentive Account or a refundable tax credit under Section 59-7-614.5 or 59-10-1108.
5257 (7) "New state revenues" means:
5258 (a) incremental new state sales and use tax revenues generated as a result of a digital
5259 media project that a digital media company pays under Title 59, Chapter 12, Sales and Use Tax
5260 Act;
5261 (b) incremental new state tax revenues that a digital media company pays as a result of
5262 a digital media project under:
5263 (i) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
5264 (ii) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and
5265 Information;
5266 (iii) Title 59, Chapter 10, Part 2, Trusts and Estates;
5267 (iv) Title 59, Chapter 10, Part 4, Withholding of Tax; or
5268 (v) a combination of Subsections (7)(b)(i), (ii), (iii), and (iv);
5269 (c) incremental new state revenues generated as individual income taxes under Title
5270 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and Information, paid by
5271 employees of the new digital media project as evidenced by payroll records from the digital
5272 media company; or
5273 (d) a combination of Subsections (7)(a), (b), and (c).
5274 (8) "Payroll company" means a business entity that handles the payroll and becomes
5275 the employer of record for the staff, cast, and crew of a motion picture production.
5276 (9) "Refundable tax credit" means a refundable motion picture tax credit authorized
5277 under Section 63N-8-103 and claimed under Section 59-7-614.5 or 59-10-1108.
5278 (10) "Restricted account" means the Motion Picture Incentive Account created in
5279 Section 63N-8-103.
5280 (11) "State-approved production" means a production under Subsections (2) and (5)
5281 that is:
5282 (a) approved by the office and ratified by the [
5283 (b) produced in the state by a motion picture company.
5284 (12) "Tax credit amount" means the amount the office lists as a tax credit on a tax
5285 credit certificate for a taxable year.
5286 (13) "Tax credit certificate" means a certificate issued by the office that:
5287 (a) lists the name of the applicant;
5288 (b) lists the applicant's taxpayer identification number;
5289 (c) lists the amount of tax credit that the office awards the applicant for the taxable
5290 year; and
5291 (d) may include other information as determined by the office.
5292 Section 123. Section 63N-8-103 is amended to read:
5293 63N-8-103. Motion Picture Incentive Account created -- Cash rebate incentives --
5294 Refundable tax credit incentives.
5295 (1) (a) There is created within the General Fund a restricted account known as the
5296 Motion Picture Incentive Account, which the office shall use to provide cash rebate incentives
5297 for state-approved productions by a motion picture company.
5298 (b) All interest generated from investment of money in the restricted account shall be
5299 deposited in the restricted account.
5300 (c) The restricted account shall consist of an annual appropriation by the Legislature.
5301 (d) The office shall:
5302 (i) with the advice of the [
5303 (ii) make payments from the restricted account as required under this section.
5304 (e) The cost of administering the restricted account shall be paid from money in the
5305 restricted account.
5306 (2) (a) A motion picture company or digital media company seeking disbursement of
5307 an incentive allowed under an agreement with the office shall follow the procedures and
5308 requirements of this Subsection (2).
5309 (b) The motion picture company or digital media company shall provide the office with
5310 an incentive request form, provided by the office, identifying and documenting the dollars left
5311 in the state and new state revenues generated by the motion picture company or digital media
5312 company for state-approved production, including any related tax returns by the motion picture
5313 company, payroll company, digital media company, or loan-out corporation under Subsection
5314 (2)(d).
5315 (c) For a motion picture company, an independent certified public accountant shall:
5316 (i) review the incentive request form submitted by the motion picture company; and
5317 (ii) provide a report on the accuracy and validity of the incentive request form,
5318 including the amount of dollars left in the state, in accordance with the agreed upon procedures
5319 established by the office by rule.
5320 (d) The motion picture company, digital media company, payroll company, or loan-out
5321 corporation shall provide the office with a document that expressly directs and authorizes the
5322 State Tax Commission to disclose the entity's tax returns and other information concerning the
5323 entity that would otherwise be subject to confidentiality under Section 59-1-403 or Section
5324 6103, Internal Revenue Code, to the office.
5325 (e) The office shall submit the document described in Subsection (2)(d) to the State
5326 Tax Commission.
5327 (f) Upon receipt of the document described in Subsection (2)(d), the State Tax
5328 Commission shall provide the office with the information requested by the office that the
5329 motion picture company, digital media company, payroll company, or loan-out corporation
5330 directed or authorized the State Tax Commission to provide to the office in the document
5331 described in Subsection (2)(d).
5332 (g) Subject to Subsection (3), for a motion picture company the office shall:
5333 (i) review the incentive request form from the motion picture company described in
5334 Subsection (2)(b) and verify that the incentive request form was reviewed by an independent
5335 certified public accountant as described in Subsection (2)(c); and
5336 (ii) based upon the independent certified public accountant's report under Subsection
5337 (2)(c), determine the amount of the incentive that the motion picture company is entitled to
5338 under the motion picture company's agreement with the office.
5339 (h) Subject to Subsection (3), for a digital media company, the office shall:
5340 (i) ensure the digital media project results in new state revenues; and
5341 (ii) based upon review of new state revenues, determine the amount of the incentive
5342 that a digital media company is entitled to under the digital media company's agreement with
5343 the office.
5344 (i) Subject to Subsection (3), if the incentive is in the form of a cash rebate, the office
5345 shall pay the incentive from the restricted account to the motion picture company,
5346 notwithstanding Subsections 51-5-3(23)(b) and 63J-1-105(6).
5347 (j) If the incentive is in the form of a refundable tax credit under Section 59-7-614.5 or
5348 59-10-1108, the office shall:
5349 (i) issue a tax credit certificate to the motion picture company or digital media
5350 company; and
5351 (ii) provide a [
5352 Commission.
5353 (k) A motion picture company or digital media company may not claim a motion
5354 picture tax credit under Section 59-7-614.5 or 59-10-1108 unless the motion picture company
5355 or digital media company has received a tax credit certificate for the claim issued by the office
5356 under Subsection (2)(j)(i).
5357 (l) A motion picture company or digital media company may claim a motion picture
5358 tax credit on the motion picture company's or the digital media company's tax return for the
5359 amount listed on the tax credit certificate issued by the office.
5360 (m) A motion picture company or digital media company that claims a tax credit under
5361 Subsection (2)(l) shall retain the tax credit certificate and all supporting documentation in
5362 accordance with Subsection 63N-8-104(6).
5363 (3) (a) Subject to Subsection (3)(b), the office may issue $6,793,700 in tax credit
5364 certificates under this part in a fiscal year.
5365 (b) If the office does not issue tax credit certificates in a fiscal year totaling the amount
5366 authorized under Subsection (3)(a), the office may carry over that amount for issuance in
5367 subsequent fiscal years.
5368 Section 124. Section 63N-8-104 is amended to read:
5369 63N-8-104. Motion picture incentives -- Standards to qualify for an incentive --
5370 Limitations -- Content of agreement between office and motion picture company or
5371 digital media company.
5372 (1) In addition to the requirements for receiving a motion picture incentive as set forth
5373 in this part, the office, in accordance with Title 63G, Chapter 3, Utah Administrative
5374 Rulemaking Act, shall make rules establishing:
5375 (a) the standards that a motion picture company or digital media company must meet to
5376 qualify for the motion picture incentive; and
5377 (b) criteria for determining the amount of the incentive.
5378 (2) The office shall ensure that those standards include the following:
5379 (a) an incentive may only be issued for a state-approved production by a motion picture
5380 company or digital media company;
5381 (b) financing has been obtained and is in place for the production; and
5382 (c) the economic impact of the production on the state represents new incremental
5383 economic activity in the state as opposed to existing economic activity.
5384 (3) With respect to a digital media project, the office shall consider economic
5385 modeling, including the costs and benefits of the digital media project to state and local
5386 governments in determining the motion picture incentive amount.
5387 (4) The office may also consider giving preference to a production that stimulates
5388 economic activity in rural areas of the state or that has Utah content, such as recognizing that
5389 the production was made in the state or uses Utah as Utah in the production.
5390 (5) (a) The office, with advice from the [
5391 agreement with a motion picture company or digital media company that meets the standards
5392 established under this section and satisfies the other qualification requirements under this part.
5393 (b) Subject to Subsection 63N-8-103(3), the office may commit or authorize a motion
5394 picture incentive:
5395 (i) to a motion picture company of up to 20% of the dollars left in the state by the
5396 motion picture company, and a motion picture company can receive an additional 5%, not to
5397 exceed 25% of the dollars left in the state by the motion picture company if the company
5398 fulfills certain requirements determined by the office including:
5399 (A) employing a significant percentage of cast and crew from Utah;
5400 (B) highlighting the state of Utah and the Utah Film Commission in the motion picture
5401 credits; or
5402 (C) other promotion opportunities as agreed upon by the office and the motion picture
5403 company; and
5404 (ii) to a digital media company, if the incentive does not exceed 100% of the new state
5405 revenue less the considerations under Subsection (3), but not to exceed 20% of the dollars left
5406 in the state by the digital media company.
5407 (c) The office may not give a cash rebate incentive from the Motion Picture Incentive
5408 Restricted Account for a digital media project.
5409 (6) The office shall ensure that the agreement entered into with a motion picture
5410 company or digital media company under Subsection (5)(a):
5411 (a) details the requirements that the motion picture company or digital media company
5412 must meet to qualify for an incentive under this part;
5413 (b) specifies:
5414 (i) the nature of the incentive; and
5415 (ii) the maximum amount of the motion picture incentive that the motion picture
5416 company or digital media company may earn for a taxable year and over the life of the
5417 production;
5418 (c) establishes the length of time over which the motion picture company or digital
5419 media company may claim the motion picture incentive;
5420 (d) requires the motion picture company or digital media company to retain records
5421 supporting its claim for a motion picture incentive for at least four years after the motion
5422 picture company or digital media company claims the incentive under this part; and
5423 (e) requires the motion picture company or digital media company to submit to audits
5424 for verification of the claimed motion picture incentive.
5425 Section 125. Section 63N-8-105 is amended to read:
5426 63N-8-105. Annual report.
5427 The office shall include the following information in the annual written report described
5428 in Section [
5429 (1) the office's success in attracting within-the-state production of television series,
5430 made-for-television movies, and motion pictures, including feature films and independent
5431 films;
5432 (2) the amount of incentive commitments made by the office under this part and the
5433 period of time over which the incentives will be paid; and
5434 (3) the economic impact on the state related to:
5435 (a) dollars left in the state; and
5436 (b) providing motion picture incentives under this part.
5437 Section 126. Section 63N-9-104 is amended to read:
5438 63N-9-104. Creation of outdoor recreation office and appointment of director --
5439 Responsibilities of outdoor recreation office.
5440 (1) There is created within the [
5441 the Utah Office of Outdoor Recreation.
5442 (2) (a) The executive director shall appoint a director of the outdoor recreation office.
5443 (b) The director [
5444 (3) The outdoor recreation office shall:
5445 (a) coordinate outdoor recreation policy, management, and promotion:
5446 (i) among state and federal agencies and local government entities in the state; [
5447 (ii) with the Public Lands Policy Coordinating Office created in Section 63J-4-602, if
5448 public land is involved; and
5449 (iii) on a quarterly basis, with the executive director and the executive director of the
5450 Department of Natural Resources;
5451 (b) promote economic development in the state by:
5452 (i) coordinating with outdoor recreation stakeholders;
5453 (ii) improving recreational opportunities; and
5454 (iii) recruiting outdoor recreation business;
5455 (c) promote all forms of outdoor recreation, including vehicular and non-vehicular
5456 outdoor recreation;
5457 [
5458 recreational amenities and experiences in the state and help implement those policies and
5459 initiatives;
5460 (e) in performing the outdoor recreation office's duties, seek to ensure safe and
5461 adequate access to outdoor recreation for all user groups and for all forms of recreation;
5462 [
5463 [
5464 young people.
5465 (4) By following the procedures and requirements of Title 63J, Chapter 5, Federal
5466 Funds Procedures Act, the outdoor recreation office may:
5467 (a) seek federal grants or loans;
5468 (b) seek to participate in federal programs; and
5469 (c) in accordance with applicable federal program guidelines, administer federally
5470 funded outdoor recreation programs.
5471 (5) For purposes of administering this part, the outdoor recreation office may make
5472 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5473 Section 127. Section 63N-9-106 is amended to read:
5474 63N-9-106. Annual report.
5475 The executive director shall include in the annual written report described in Section
5476 [
5477 office, including a description and the amount of any awarded infrastructure grants and any
5478 awarded UCORE grants.
5479 Section 128. Section 63N-9-203 is amended to read:
5480 63N-9-203. Rulemaking and requirements for awarding an infrastructure grant.
5481 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5482 outdoor recreation office shall make rules establishing the eligibility and reporting criteria for
5483 an entity to receive an infrastructure grant, including:
5484 (a) the form and process of submitting an application to the outdoor recreation office
5485 for an infrastructure grant;
5486 (b) which entities are eligible to apply for an infrastructure grant;
5487 (c) specific categories of recreational infrastructure projects that are eligible for an
5488 infrastructure grant;
5489 (d) the method and formula for determining grant amounts; and
5490 (e) the reporting requirements of grant recipients.
5491 (2) In determining the award of an infrastructure grant, the outdoor recreation office
5492 may prioritize a recreational infrastructure project that will serve an underprivileged or
5493 underserved community.
5494 (3) An infrastructure grant may only be awarded by the executive director after
5495 consultation with the director and the [
5496 (4) The following entities may not receive an infrastructure grant under this part:
5497 (a) a federal government entity;
5498 (b) a state agency; and
5499 (c) a for-profit entity.
5500 (5) An infrastructure grant may only be awarded under this part:
5501 (a) for a recreational infrastructure project that is accessible to the general public; and
5502 (b) subject to Subsections (6) and (7), if the grant recipient agrees to provide matching
5503 funds having a value equal to or greater than the amount of the infrastructure grant.
5504 (6) Up to 50% of the grant recipient match described in Subsection (5)(b) may be
5505 provided through an in-kind contribution by the grant recipient, if:
5506 (a) approved by the executive director after consultation with the director and the
5507 [
5508 (b) the in-kind donation does not include real property.
5509 (7) An infrastructure grant may not be awarded under this part if the grant, or the grant
5510 recipient match described in Subsection (5)(b), will be used for the purchase of real property or
5511 for the purchase or transfer of a conservation easement.
5512 Section 129. Section 63N-9-403 is amended to read:
5513 63N-9-403. Rulemaking and requirements for awarding a UCORE grant.
5514 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5515 outdoor recreation office shall make rules establishing the eligibility and reporting criteria for
5516 an entity to receive a UCORE grant, including:
5517 (a) the form and process of submitting an application to the outdoor recreation office
5518 for a UCORE grant;
5519 (b) which entities are eligible to apply for a UCORE grant;
5520 (c) specific categories of children's programs that are eligible for a UCORE grant;
5521 (d) the method and formula for determining grant amounts; and
5522 (e) the reporting requirements of grant recipients.
5523 (2) In determining the award of a UCORE grant, the outdoor recreation office may
5524 prioritize a children's program that will serve an underprivileged or underserved community in
5525 the state.
5526 (3) A UCORE grant may only be awarded by the executive director after consultation
5527 with the director and the [
5528 (4) The following entities may not receive a UCORE grant under this part:
5529 (a) a federal government entity;
5530 (b) a state agency, except for public schools and institutions of higher education; and
5531 (c) a for-profit entity.
5532 (5) In awarding UCORE grants, consideration shall be given to entities that implement
5533 programs that:
5534 (a) contribute to healthy and active lifestyles through outdoor recreation; and
5535 (b) include one or more of the following attributes in their programs or initiatives:
5536 (i) serve children with the greatest needs in rural, suburban, and urban areas of the
5537 state;
5538 (ii) provide students with opportunities to directly experience nature;
5539 (iii) maximize the number of children who can participate;
5540 (iv) commit matching and in-kind resources;
5541 (v) create partnerships with public and private entities;
5542 (vi) include ongoing program evaluation and assessment;
5543 (vii) utilize veterans in program implementation;
5544 (viii) include outdoor or nature-based programming that incorporates concept learning
5545 in science, technology, engineering, or math; or
5546 (ix) utilize educated volunteers in program implementation.
5547 Section 130. Section 63N-13-101 is amended to read:
5548 63N-13-101. Title -- Projects to assist companies to secure new business with
5549 federal, state, and local governments.
5550 (1) This chapter is known as "Procurement Programs."
5551 (2) The Legislature recognizes that:
5552 (a) many Utah companies provide products and services which are routinely procured
5553 by a myriad of governmental entities at all levels of government, but that attempting to
5554 understand and comply with the numerous certification, registration, proposal, and contract
5555 requirements associated with government procurement often raises significant barriers for
5556 those companies with no government contracting experience;
5557 (b) the costs associated with obtaining a government contract for products or services
5558 often prevent most small businesses from working in the governmental procurement market;
5559 (c) currently a majority of federal procurement opportunities are contracted to
5560 businesses located outside of the state;
5561 (d) the [
5562 programs and initiatives that help create and grow companies in Utah and recruit companies to
5563 Utah through the use of state employees, public-private partnerships, and contractual services;
5564 and
5565 (e) there exists a significant opportunity for Utah companies to secure new business
5566 with federal, state, and local governments.
5567 (3) The office, through its executive director:
5568 (a) shall manage and direct the administration of state and federal programs and
5569 initiatives whose purpose is to procure federal, state, and local governmental contracts;
5570 (b) may require program accountability measures; and
5571 (c) may receive and distribute legislative appropriations and public and private grants
5572 for projects and programs that:
5573 (i) are focused on growing Utah companies and positively impacting statewide
5574 revenues by helping these companies secure new business with federal, state, and local
5575 governments;
5576 (ii) provide guidance to Utah companies interested in obtaining new business with
5577 federal, state, and local governmental entities;
5578 (iii) would facilitate marketing, business development, and expansion opportunities for
5579 Utah companies in cooperation with the [
5580 office's Procurement Technical Assistance Center Program and with public, nonprofit, or
5581 private sector partners such as local chambers of commerce, trade associations, or private
5582 contractors as determined by the office's director to successfully match Utah businesses with
5583 government procurement opportunities; and
5584 (iv) may include the following components:
5585 (A) recruitment, individualized consultation, and an introduction to government
5586 contracting;
5587 (B) specialized contractor training for companies located in Utah;
5588 (C) a Utah contractor matching program for government requirements;
5589 (D) experienced proposal and bid support; and
5590 (E) specialized support services.
5591 (4) (a) The office, through its executive director, shall make any distribution referred to
5592 in Subsection (3) on a semiannual basis.
5593 (b) A recipient of money distributed under this section shall provide the office with a
5594 set of standard monthly reports, the content of which shall be determined by the office to
5595 include at least the following information:
5596 (i) consultive meetings with Utah companies;
5597 (ii) seminars or training meetings held;
5598 (iii) government contracts awarded to Utah companies;
5599 (iv) increased revenues generated by Utah companies from new government contracts;
5600 (v) jobs created;
5601 (vi) salary ranges of new jobs; and
5602 (vii) the value of contracts generated.
5603 Section 131. Section 63N-15-103 is amended to read:
5604 63N-15-103. Reporting and use of appropriations.
5605 (1) The office shall include in the office's 2020 and 2021 annual reports to the governor
5606 and the Legislature under Section [
5607 each of the grant programs established under this chapter:
5608 (a) the number of applications submitted under the grant program;
5609 (b) the number of grants awarded under the grant program;
5610 (c) the aggregate amount of grant funds awarded under the grant program; and
5611 (d) any other information the office considers relevant to evaluating the success of the
5612 grant program.
5613 (2) After providing notice to members of the legislative committee, the executive
5614 director, in cooperation with the director of the Division of Finance, may move funds among
5615 the following programs to make efficient and full use of CARES Act funding:
5616 (a) the COVID-19 Commercial Rental and Mortgage Assistance Program described in
5617 Chapter 14, COVID-19 Commercial Rental and Mortgage Assistance Program;
5618 (b) any of the programs described in this chapter;
5619 (c) after consultation with the commissioner of the Department of Agriculture and
5620 Food, the COVID-19 Agricultural Operations Grant Program described in Section 4-18-106.1;
5621 (d) after consultation with the executive director of the Department of Heritage and
5622 Arts, the COVID-19 Cultural Assistance Grant Program described in Title 9, Chapter 6, Part 9,
5623 COVID-19 Cultural Assistance Grant Program; and
5624 (e) after consultation with the executive director of the Department of Workforce
5625 Services, COVID-19 Residential Housing Assistance described in Title 35A, Chapter 8, Part
5626 23, COVID-19 Residential Housing Assistance.
5627 Section 132. Section 63N-16-101 is enacted to read:
5628
5629
5630 63N-16-101. Title.
5631 This chapter is known as the "Utah Broadband Center and Access Act."
5632 Section 133. Section 63N-16-102 is enacted to read:
5633 63N-16-102. Definitions.
5634 As used in this chapter:
5635 (1) "Broadband center" means the Utah Broadband Center created in Section
5636 63N-16-201.
5637 (2) "Eligible applicant" means:
5638 (a) a telecommunications provider or an Internet service provider;
5639 (b) a local government entity and one or more private entities, collectively, who are
5640 parties to a public-private partnership established for the purpose of expanding affordable
5641 broadband access in the state; or
5642 (c) a tribal government.
5643 (3) "Public-private partnership" means an arrangement or agreement between a
5644 government entity and one or more private persons to fund and provide for a public need
5645 through the development or operation of a public project in which the private person or persons
5646 share with the government entity the responsibility or risk of developing, owning, maintaining,
5647 financing, or operating the project.
5648 (4) "Underserved area" means an area of the state that is underserved in terms of the
5649 area's access to broadband service, as further defined by rule made by the broadband center.
5650 (5) "Unserved area" means an area of the state that is rural and unserved in terms of the
5651 area's access to broadband service, as further defined by rule made by the broadband center.
5652 Section 134. Section 63N-16-201 is enacted to read:
5653
5654 63N-16-201. Utah Broadband Center -- Creation -- Director -- Duties.
5655 (1) There is created within the office the Utah Broadband Center.
5656 (2) The executive director shall appoint a director of the broadband center to oversee
5657 the operations of the broadband center.
5658 (3) The broadband center shall:
5659 (a) ensure that publicly funded broadband projects continue to be publicly accessible
5660 and provide a public benefit;
5661 (b) develop a statewide digital connectivity plan;
5662 (c) carry out the duties described in Section 63N-16-202; and
5663 (d) administer the Broadband Access Grant Program in accordance with Part 3,
5664 Broadband Access Grant Program.
5665 Section 135. Section 63N-16-202, which is renumbered from Section 63N-3-501 is
5666 renumbered and amended to read:
5667 [
5668 (1) The [
5669 Reference Center created in Section 63F-1-506 to collect and maintain a database and
5670 interactive map that displays economic development data statewide, including:
5671 (a) voluntarily submitted broadband availability, speeds, and other broadband data;
5672 (b) voluntarily submitted public utility data;
5673 (c) workforce data, including information regarding:
5674 (i) enterprise zones designated under Section 63N-2-206;
5675 [
5676 [
5677 [
5678 (d) transportation data, which may include information regarding railway routes,
5679 commuter rail routes, airport locations, and major highways;
5680 (e) lifestyle data, which may include information regarding state parks, national parks
5681 and monuments, United States Forest Service boundaries, ski areas, golf courses, and hospitals;
5682 and
5683 (f) other relevant economic development data as determined by the office, including
5684 data provided by partner organizations.
5685 (2) The [
5686 (a) make recommendations to state and federal agencies, local governments, the
5687 governor, and the Legislature regarding policies and initiatives that promote the development
5688 of broadband-related infrastructure in the state and help implement those policies and
5689 initiatives;
5690 (b) facilitate coordination between broadband providers and public and private entities;
5691 (c) collect and analyze data on broadband availability and usage in the state, including
5692 Internet speed, capacity, the number of unique visitors, and the availability of broadband
5693 infrastructure throughout the state;
5694 (d) create a voluntary broadband advisory committee, which shall include broadband
5695 providers and other public and private stakeholders, to solicit input on broadband-related policy
5696 guidance, best practices, and adoption strategies;
5697 (e) work with broadband providers, state and local governments, and other public and
5698 private stakeholders to facilitate and encourage the expansion and maintenance of broadband
5699 infrastructure throughout the state; and
5700 (f) in accordance with the requirements of Title 63J, Chapter 5, Federal Funds
5701 Procedures Act, and in accordance with federal requirements:
5702 (i) apply for federal grants;
5703 (ii) participate in federal programs; and
5704 (iii) administer federally funded broadband-related programs.
5705 Section 136. Section 63N-16-301 is enacted to read:
5706
5707 63N-16-301. Creation of Broadband Access Grant Program.
5708 (1) There is established a grant program known as the Broadband Access Grant
5709 Program that is administered by the broadband center in accordance with this part.
5710 (2) (a) The broadband center may award a grant under this part to an eligible applicant
5711 who submits to the broadband center an application that includes a proposed project to extend
5712 broadband service to individuals and businesses in an unserved area or an underserved area by
5713 providing last-mile connections to end users.
5714 (b) Subsection (2)(a) does not prohibit the broadband center from awarding a grant for
5715 a proposed project that also includes middle-mile elements that are necessary for the last-mile
5716 connections.
5717 (3) In awarding grants under this part, the broadband center shall:
5718 (a) based on the following criteria and in the order provided, prioritize proposed
5719 projects:
5720 (i) located in unserved areas;
5721 (ii) located in underserved areas;
5722 (iii) (A) that the eligible applicant developed after meaningful engagement with the
5723 impacted community to identify the community's needs and innovative means of providing a
5724 public benefit that addresses the community's needs; and
5725 (B) that include, as a component of the proposed project, a long-term public benefit to
5726 the impacted community developed in response to the eligible applicant's engagement with the
5727 community;
5728 (iv) located in an economically distressed area of the state, as measured by indices of
5729 unemployment, poverty, or population loss;
5730 (v) that make the greatest investment in last-mile connections;
5731 (vi) that provide higher speed broadband access to end users; and
5732 (vii) for which the eligible applicant provides at least 25% of the money needed for the
5733 proposed project, with higher priority to proposed projects for which the eligible applicant
5734 provides a greater percentage of the money needed for the proposed project; and
5735 (b) consider the impact of available funding for the proposed project from other
5736 sources, including money from matching federal grant programs.
5737 (4) The broadband center may not award a grant under this part that exceeds
5738 $7,500,000.
5739 (5) For a project that the eligible applicant cannot complete in a single fiscal year, the
5740 broadband center may distribute grant proceeds for the project over the course of the project's
5741 construction.
5742 (6) In awarding grants under this part, the broadband center shall ensure that grant
5743 funds are not used in a manner that causes competition among projects that are substantially
5744 supported by state funds, as determined in accordance with rule made by the broadband center.
5745 (7) As provided in and subject to the requirements of Title 63G, Chapter 2,
5746 Government Records Access and Management Act, a record submitted to the broadband center
5747 that contains a trade secret or confidential commercial information described in Subsection
5748 63G-2-305(2) is a protected record.
5749 Section 137. Section 63N-16-302 is enacted to read:
5750 63N-16-302. Duties of the broadband center.
5751 (1) The broadband center shall:
5752 (a) establish an application process by which an eligible applicant may apply for a
5753 grant under this part, which application shall include:
5754 (i) a declaration, signed under penalty of perjury, that the application is complete, true,
5755 and correct; and
5756 (ii) an acknowledgment that the eligible applicant is subject to audit;
5757 (b) establish a method for the broadband center to determine which eligible applicants
5758 qualify to receive a grant;
5759 (c) establish a formula to award grant funds; and
5760 (d) report the information described in Subsections (1)(a) through (c) to the director of
5761 the Division of Finance.
5762 (2) Subject to appropriation, the broadband center shall:
5763 (a) collect applications for grant funds from eligible applicants;
5764 (b) determine which applicants qualify for receiving a grant; and
5765 (c) award the grant funds in accordance with the process established under Subsection
5766 (1) and in accordance with Section 63N-16-301.
5767 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5768 broadband center may make rules to administer the grant program.
5769 Section 138. Section 72-1-209 is amended to read:
5770 72-1-209. Department to cooperate in programs relating to scenic centers.
5771 The department shall cooperate in planning and promoting road-building programs into
5772 the scenic centers of the state and in providing camping grounds and facilities in scenic centers
5773 for tourists with:
5774 (1) the Governor's Office of Economic [
5775 (2) other states;
5776 (3) all national, state, and local planning and zoning agencies and boards;
5777 (4) municipal and county officials; and
5778 (5) other agencies.
5779 Section 139. Section 72-4-302 is amended to read:
5780 72-4-302. Utah State Scenic Byway Committee -- Creation -- Membership --
5781 Meetings -- Expenses.
5782 (1) There is created the Utah State Scenic Byway Committee.
5783 (2) (a) The committee shall consist of the following 13 members:
5784 (i) a representative from each of the following entities appointed by the governor:
5785 (A) the Governor's Office of Economic [
5786 (B) the Utah Department of Transportation;
5787 (C) the Department of Heritage and Arts;
5788 (D) the Division of Parks and Recreation;
5789 (E) the Federal Highway Administration;
5790 (F) the National Park Service;
5791 (G) the National Forest Service; and
5792 (H) the Bureau of Land Management;
5793 (ii) one local government tourism representative appointed by the governor;
5794 (iii) a representative from the private business sector appointed by the governor; and
5795 (iv) three local elected officials from a county, city, or town within the state appointed
5796 by the governor.
5797 (b) Except as provided in Subsection (2)(c), the members appointed in this Subsection
5798 (2) shall be appointed for a four-year term of office.
5799 (c) The governor shall, at the time of appointment or reappointment for appointments
5800 made under Subsection (2)(a)(i), (ii), (iii), or (iv) adjust the length of terms to ensure that the
5801 terms of committee members are staggered so that approximately half of the committee is
5802 appointed every two years.
5803 (3) (a) The representative from the Governor's Office of Economic [
5804 Opportunity shall chair the committee.
5805 (b) The members appointed under Subsections (2)(a)(i)(E) through (H) serve as
5806 nonvoting, ex officio members of the committee.
5807 (4) The Governor's Office of Economic [
5808 department shall provide staff support to the committee.
5809 (5) (a) The chair may call a meeting of the committee only with the concurrence of the
5810 department.
5811 (b) A majority of the voting members of the committee constitute a quorum.
5812 (c) Action by a majority vote of a quorum of the committee constitutes action by the
5813 committee.
5814 (6) A member may not receive compensation or benefits for the member's service, but
5815 may receive per diem and travel expenses as allowed in:
5816 (a) Section 63A-3-106;
5817 (b) Section 63A-3-107; and
5818 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
5819 63A-3-107.
5820 Section 140. Section 72-7-504 is amended to read:
5821 72-7-504. Advertising prohibited near interstate or primary system -- Exceptions
5822 -- Logo advertising -- Department rules.
5823 (1) As used in this section, "specific service trailblazer sign" means a guide sign that
5824 provides users with business identification or directional information for services and eligible
5825 activities that are advertised on a logo advertising sign authorized under Subsection (3)(a)(i).
5826 (2) Outdoor advertising that is capable of being read or comprehended from any place
5827 on the main-traveled way of an interstate or primary system may not be erected or maintained,
5828 except:
5829 (a) directional and other official signs and notices authorized or required by law,
5830 including signs and notices pertaining to natural wonders and scenic and historic attractions,
5831 informational or directional signs regarding utility service, emergency telephone signs, buried
5832 or underground utility markers, and above ground utility closure signs;
5833 (b) on-premise signs advertising the sale or lease of property upon which the
5834 on-premise signs are located;
5835 (c) on-premise signs advertising major activities conducted on the property where the
5836 on-premise signs are located;
5837 (d) public assembly facility signs;
5838 (e) unified commercial development signs that have received a waiver as described in
5839 Section 72-7-504.6;
5840 (f) signs located in a commercial or industrial zone;
5841 (g) signs located in unzoned industrial or commercial areas as determined from actual
5842 land uses; and
5843 (h) logo advertising under Subsection (3).
5844 (3) (a) The department may itself or by contract erect, administer, and maintain
5845 informational signs:
5846 (i) on the main-traveled way of an interstate or primary system, as it existed on June 1,
5847 1991, specific service signs for the display of logo advertising and information of interest,
5848 excluding specific service trailblazer signs as defined in rules adopted in accordance with
5849 Section 41-6a-301, to the traveling public if:
5850 (A) the department complies with Title 63G, Chapter 6a, Utah Procurement Code, in
5851 the lease or other contract agreement with a private party for the sign or sign space; and
5852 (B) the private party for the lease of the sign or sign space pays an amount set by the
5853 department to be paid to the department or the party under contract with the department under
5854 this Subsection (3); and
5855 (ii) only on rural conventional roads as defined in rules adopted in accordance with
5856 Section 41-6a-301 in a county of the fourth, fifth, or sixth class for tourist-oriented directional
5857 signs that display logo advertising and information of interest to the traveling public if:
5858 (A) the department complies with Title 63G, Chapter 6a, Utah Procurement Code, in
5859 the lease or other contract agreement with a private party for the tourist-oriented directional
5860 sign or sign space; and
5861 (B) the private party for the lease of the sign or sign space pays an amount set by the
5862 department to be paid to the department or the party under contract with the department under
5863 this Subsection (3).
5864 (b) The amount shall be sufficient to cover the costs of erecting, administering, and
5865 maintaining the signs or sign spaces.
5866 (c) (i) Any sign erected pursuant to this Subsection (3) which was existing as of March
5867 1, 2015, shall be permitted as if it were in compliance with this Subsection (3).
5868 (ii) A noncompliant sign shall only be permitted for the contract period of the
5869 advertising contract.
5870 (iii) A new advertising contract may not be issued for a noncompliant sign.
5871 (d) The department may consult the Governor's Office of Economic [
5872 Opportunity in carrying out this Subsection (3).
5873 (4) (a) Revenue generated under Subsection (3) shall be:
5874 (i) applied first to cover department costs under Subsection (3); and
5875 (ii) deposited [
5876 (b) Revenue in excess of costs under Subsection (3)(a) shall be deposited [
5877 General Fund as a dedicated credit for use by the Governor's Office of Economic
5878 [
5879 (5) Outdoor advertising under Subsections (2)(a), (f), (g), and (h) shall conform to the
5880 rules made by the department under Sections 72-7-506 and 72-7-507.
5881 Section 141. Section 79-4-1103 is amended to read:
5882 79-4-1103. Governor's duties -- Priority of federal property.
5883 (1) During a fiscal emergency, the governor shall:
5884 (a) if financially practicable, work with the federal government to open and maintain
5885 the operation of one or more national parks, national monuments, national forests, and national
5886 recreation areas in the state, in the order established under this section; and
5887 (b) report to the speaker of the House and the president of the Senate on the need, if
5888 any, for additional appropriations to assist the division in opening and operating one or more
5889 national parks, national monuments, national forests, and national recreation areas in the state.
5890 (2) The director of the Outdoor Recreation Office, created in Section 63N-9-104, in
5891 consultation with the executive director of the Governor's Office of Economic [
5892 Opportunity, shall determine, by rule, the priority of national parks, national monuments,
5893 national forests, and national recreation areas in the state.
5894 (3) In determining the priority described in Subsection (2), the director of the Outdoor
5895 Recreation Office shall consider the:
5896 (a) economic impact of the national park, national monument, national forest, or
5897 national recreation area in the state; and
5898 (b) recreational value offered by the national park, national monument, national forest,
5899 or national recreation area.
5900 (4) The director of the Outdoor Recreation Office shall:
5901 (a) report the priority determined under Subsection (2) to the Natural Resources,
5902 Agriculture, and Environment Interim Committee by November 30, 2014; and
5903 (b) annually review the priority set under Subsection (2) to determine whether the
5904 priority list should be amended.
5905 Section 142. Repealer.
5906 This bill repeals:
5907 Section 63C-10-101, Title.
5908 Section 63C-10-102, Governor's Rural Partnership Board -- Creation --
5909 Membership -- Vacancies -- Chairs -- Expenses.
5910 Section 63C-10-103, Duties.
5911 Section 63N-1-501, Governor's Economic Development Coordinating Council --
5912 Membership -- Expenses.
5913 Section 63N-1-502, Council powers and duties.
5914 Section 63N-3-108, Financial assistance to companies that create economic
5915 impediments.
5916 Section 63N-3-109.5, Financial assistance to entities offering economic
5917 opportunities in the nonattainment area.
5918 Section 63N-3-201, Title.
5919 Section 63N-3-202, Purpose.
5920 Section 63N-3-203, Definitions.
5921 Section 63N-3-205, Business team consultants.
5922 Section 63N-3-301, Title.
5923 Section 63N-3-302, Purpose.
5924 Section 63N-3-303, Definitions.
5925 Section 63N-3-304, Establishment and administration of business resource centers
5926 -- Components.
5927 Section 63N-3-305, Duties and responsibilities of a business resource center.
5928 Section 63N-3-306, Advisory group.
5929 Section 63N-3-307, Office duties.
5930 Section 63N-12-501, Definitions.
5931 Section 143. Appropriation.
5932 The following sums of money are appropriated for the fiscal year beginning July 1,
5933 2021, and ending June 30, 2022. These are additions to amounts previously appropriated for
5934 fiscal year 2022. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
5935 Act, the Legislature appropriates the following sums of money from the funds or accounts
5936 indicated for the use and support of the government of the state of Utah.
5937 ITEM 1
5938 To Economic Development - Business Development
5939 From General Fund
$842,100
5940 Schedule of Programs:
5941 Corporate Recruitment and Business Services $767,100
5942 Outreach and International Trade $75,000
5943 ITEM 2
5944 To Economic Development - Administration
5945 From General Fund, One-time
$75,000
5946 Schedule of Programs:
5947 Administration $75,000
5948 ITEM 3
5949 To Legislature - Senate
5950 From General Fund
$3,200
5951 Schedule of Programs:
5952 Administration $3,200
5953 ITEM 4
5954 To Legislature - House of Representatives
5955 From General Fund
$3,200
5956 Schedule of Programs:
5957 Administration $3,200
5958 Section 144. Effective date.
5959 This bill takes effect July 1, 2021.
5960 Section 145. Revisor instructions.
5961 The Legislature intends that the Office of Legislative Research and General Counsel, in
5962 preparing the Utah Code database for publication, make the following changes in any new
5963 language added to the Utah Code by legislation passed during the 2021 General Session:
5964 (1) replace "Governor's Office of Economic Development" with "Governor's Office of
5965 Economic Opportunity"; and
5966 (2) replace "GOED" with "the GO Utah office".
5967 Section 146. Coordinating H.B. 348 with H.B. 356 -- Superseding technical and
5968 substantive amendments.
5969 If this H.B. 348 and H.B. 356, Rural Economic Development Tax Increment Financing,
5970 both pass and become law, it is the intent of the Legislature that the amendments to Subsection
5971 63N-2-104(3)(c) in H.B. 356 supersede the amendments to Subsection 63N-2-104(3)(c) in this
5972 bill when the Office of Legislative Research and General Counsel prepares the Utah Code
5973 database for publication.