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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to affordable housing and the provision of services
10 related to affordable housing.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that a political subdivision may grant real property that will be used for
14 affordable housing units;
15 ▸ describes additional activities that may receive funding from the Olene Walker
16 Housing Loan Fund, including a mediation program and predevelopment grants;
17 ▸ modifies the responsibilities of the Automated Geographic Reference Center; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 This bill appropriates in fiscal year 2022:
21 ▸ to the Department of Workforce Services -- Olene Walker Housing Loan Fund as a
22 one-time appropriation:
23 • from the General Fund, One-time, $800,000.
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 10-9a-401, as last amended by Laws of Utah 2019, Chapters 136 and 327
29 10-9a-404, as last amended by Laws of Utah 2020, Chapter 434
30 10-9a-408, as last amended by Laws of Utah 2020, Chapter 434
31 35A-8-505, as last amended by Laws of Utah 2020, Chapter 241
32 63F-1-507, as last amended by Laws of Utah 2019, Chapter 35
33 ENACTS:
34 10-8-501, Utah Code Annotated 1953
35 35A-8-507.5, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 10-8-501 is enacted to read:
39
40 10-8-501. Grant of real property for affordable housing.
41 (1) As used in this part, "affordable housing unit" means a rental housing unit where a
42 household whose income is no more than 50% of the area median income for households
43 where the housing unit is located is able to occupy the housing unit paying no more than 31%
44 of the household's income for gross housing costs including utilities.
45 (2) Subject to the requirements of this section, and for a municipality, Subsection
46 10-8-2(4), a political subdivision may grant real property owned by the political subdivision to
47 an entity for the development of one or more affordable housing units on the real property that
48 will serve households at various income levels whereby at least 20% of the housing units are
49 affordable housing units.
50 (3) A political subdivision shall ensure that real property granted as described in
51 Subsection (2) is deed restricted for affordable housing for at least 30 years after the day on
52 which each affordable housing unit is completed and occupied.
53 (4) If applicable, a political subdivision granting real property under this section shall
54 comply with the provisions of Title 78B, Chapter 6, Part 5, Eminent Domain.
55 (5) A municipality granting real property under this section is not subject to the
56 provisions of Subsection 10-8-2(3).
57 Section 2. Section 10-9a-401 is amended to read:
58 10-9a-401. General plan required -- Content.
59 (1) In order to accomplish the purposes of this chapter, each municipality shall prepare
60 and adopt a comprehensive, long-range general plan for:
61 (a) present and future needs of the municipality; and
62 (b) growth and development of all or any part of the land within the municipality.
63 (2) The general plan may provide for:
64 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
65 activities, aesthetics, and recreational, educational, and cultural opportunities;
66 (b) the reduction of the waste of physical, financial, or human resources that result
67 from either excessive congestion or excessive scattering of population;
68 (c) the efficient and economical use, conservation, and production of the supply of:
69 (i) food and water; and
70 (ii) drainage, sanitary, and other facilities and resources;
71 (d) the use of energy conservation and solar and renewable energy resources;
72 (e) the protection of urban development;
73 (f) if the municipality is a town, the protection or promotion of moderate income
74 housing;
75 (g) the protection and promotion of air quality;
76 (h) historic preservation;
77 (i) identifying future uses of land that are likely to require an expansion or significant
78 modification of services or facilities provided by each affected entity; and
79 (j) an official map.
80 (3) (a) The general plan of a municipality, other than a town, shall plan for moderate
81 income housing growth.
82 (b) On or before December 1, 2019, each of the following that have a general plan that
83 does not comply with Subsection (3)(a) shall amend the general plan to comply with
84 Subsection (3)(a):
85 (i) a city of the first, second, third, or fourth class;
86 (ii) a city of the fifth class with a population of 5,000 or more, if the city is located
87 within a county of the first, second, or third class; and
88 (iii) a metro township with a population of 5,000 or more.
89 (c) The population figures described in Subsections (3)(b)(ii) and (iii) shall be derived
90 from:
91 (i) the most recent official census or census estimate of the United States Census
92 Bureau; or
93 (ii) if a population figure is not available under Subsection (3)(c)(i), an estimate of the
94 Utah Population Committee.
95 (4) Subject to Subsection 10-9a-403[
96 comprehensiveness, extent, and format of the general plan.
97 Section 3. Section 10-9a-404 is amended to read:
98 10-9a-404. Public hearing by planning commission on proposed general plan or
99 amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
100 by legislative body.
101 (1) (a) After completing its recommendation for a proposed general plan, or proposal to
102 amend the general plan, the planning commission shall schedule and hold a public hearing on
103 the proposed plan or amendment.
104 (b) The planning commission shall provide notice of the public hearing, as required by
105 Section 10-9a-204.
106 (c) After the public hearing, the planning commission may modify the proposed
107 general plan or amendment.
108 (2) The planning commission shall forward the proposed general plan or amendment to
109 the legislative body.
110 (3) (a) The legislative body may adopt, reject, or make any revisions to the proposed
111 general plan or amendment that it considers appropriate.
112 (b) If the municipal legislative body rejects the proposed general plan or amendment, it
113 may provide suggestions to the planning commission for the planning commission's review and
114 recommendation.
115 (4) The legislative body shall adopt:
116 (a) a land use element as provided in Subsection 10-9a-403[
117 (b) a transportation and traffic circulation element as provided in Subsection
118 10-9a-403[
119 (c) for a municipality, other than a town, after considering the factors included in
120 Subsection 10-9a-403[
121 need for additional moderate income housing within the next five years.
122 Section 4. Section 10-9a-408 is amended to read:
123 10-9a-408. Reporting requirements and civil action regarding moderate income
124 housing element of general plan.
125 (1) The legislative body of a municipality described in Subsection 10-9a-401(3)(b)
126 shall annually:
127 (a) review the moderate income housing plan element of the municipality's general
128 plan and implementation of that element of the general plan;
129 (b) prepare a report on the findings of the review described in Subsection (1)(a); and
130 (c) post the report described in Subsection (1)(b) on the municipality's website.
131 (2) The report described in Subsection (1) shall include:
132 (a) a revised estimate of the need for moderate income housing in the municipality for
133 the next five years;
134 (b) a description of progress made within the municipality to provide moderate income
135 housing, demonstrated by analyzing and publishing data on the number of housing units in the
136 municipality that are at or below:
137 (i) 80% of the adjusted median family income;
138 (ii) 50% of the adjusted median family income; and
139 (iii) 30% of the adjusted median family income;
140 (c) a description of any efforts made by the municipality to utilize a moderate income
141 housing set-aside from a community reinvestment agency, redevelopment agency, or
142 community development and renewal agency; and
143 (d) a description of how the municipality has implemented any of the recommendations
144 related to moderate income housing described in Subsection 10-9a-403[
145 (3) The legislative body of each municipality described in Subsection (1) shall send a
146 copy of the report under Subsection (1) to the Department of Workforce Services, the
147 association of governments in which the municipality is located, and, if located within the
148 boundaries of a metropolitan planning organization, the appropriate metropolitan planning
149 organization.
150 (4) In a civil action seeking enforcement or claiming a violation of this section or of
151 Subsection 10-9a-404(4)(c), a plaintiff may not recover damages but may be awarded only
152 injunctive or other equitable relief.
153 Section 5. Section 35A-8-505 is amended to read:
154 35A-8-505. Activities authorized to receive fund money -- Powers of the executive
155 director.
156 At the direction of the board, the executive director may:
157 (1) provide fund money to any of the following activities:
158 (a) the acquisition, rehabilitation, or new construction of low-income housing units;
159 (b) matching funds for social services projects directly related to providing housing for
160 special-need renters in assisted projects;
161 (c) the development and construction of accessible housing designed for low-income
162 persons;
163 (d) the construction or improvement of a shelter or transitional housing facility that
164 provides services intended to prevent or minimize homelessness among members of a specific
165 homeless subpopulation;
166 (e) the purchase of an existing facility to provide temporary or transitional housing for
167 the homeless in an area that does not require rezoning before providing such temporary or
168 transitional housing;
169 (f) the purchase of land that will be used as the site of low-income housing units;
170 (g) the preservation of existing affordable housing units for low-income persons; [
171 (h) the award of predevelopment grants in accordance with Section 35A-8-507.5;
172 (i) the creation or financial support of a mediation program for landlords and tenants
173 designed to minimize the loss of housing for low-income persons, which program may include:
174 (i) funding for the hiring or training of mediators;
175 (ii) connecting landlords and tenants with mediation services; and
176 (iii) providing a limited amount of gap funding to assist a tenant in making a good faith
177 payment towards attorney fees, damages, or other costs associated with eviction proceedings or
178 avoiding eviction proceedings; and
179 [
180 availability or quality of housing in the state for low-income persons; and
181 (2) do any act necessary or convenient to the exercise of the powers granted by this part
182 or reasonably implied from those granted powers, including:
183 (a) making or executing contracts and other instruments necessary or convenient for
184 the performance of the executive director and board's duties and the exercise of the executive
185 director and board's powers and functions under this part, including contracts or agreements for
186 the servicing and originating of mortgage loans;
187 (b) procuring insurance against a loss in connection with property or other assets held
188 by the fund, including mortgage loans, in amounts and from insurers it considers desirable;
189 (c) entering into agreements with a department, agency, or instrumentality of the
190 United States or this state and with mortgagors and mortgage lenders for the purpose of
191 planning and regulating and providing for the financing and refinancing, purchase,
192 construction, reconstruction, rehabilitation, leasing, management, maintenance, operation, sale,
193 or other disposition of residential housing undertaken with the assistance of the department
194 under this part;
195 (d) proceeding with a foreclosure action, to own, lease, clear, reconstruct, rehabilitate,
196 repair, maintain, manage, operate, assign, encumber, sell, or otherwise dispose of real or
197 personal property obtained by the fund due to the default on a mortgage loan held by the fund
198 in preparation for disposition of the property, taking assignments of leases and rentals,
199 proceeding with foreclosure actions, and taking other actions necessary or incidental to the
200 performance of its duties; and
201 (e) selling, at a public or private sale, with public bidding, a mortgage or other
202 obligation held by the fund.
203 Section 6. Section 35A-8-507.5 is enacted to read:
204 35A-8-507.5. Predevelopment grants.
205 (1) The executive director under the direction of the board may:
206 (a) award one or more predevelopment grants to nonprofit or for-profit entities in
207 preparation for the construction of low-income housing units;
208 (b) award a predevelopment grant in an amount of no more than $50,000 per project;
209 (c) may only award a predevelopment grant in relation to a project in:
210 (i) a city of the fifth or sixth class, or a town, in a rural area of the state; or
211 (ii) any municipality or unincorporated area in a county of the fourth, fifth, or sixth
212 class.
213 (2) The executive director under the direction of the board shall award each
214 predevelopment grant in accordance with the provisions of this section and the provisions
215 related to grant applications, grant awards, and reporting requirements in this part.
216 (3) A predevelopment grant:
217 (a) may be used by a recipient for offsetting the predevelopment funds needed to
218 prepare for the construction of low-income housing units, including market studies, surveys,
219 environmental and impact studies, technical assistance, and preliminary architecture,
220 engineering, or legal work; and
221 (b) may not be used by a recipient for staff salaries of a grant recipient or construction
222 costs.
223 (4) The executive director under the direction of the board shall prioritize the awarding
224 of a predevelopment grant for a project in a county of the fifth or sixth class and where the
225 municipality or unincorporated area has underdeveloped infrastructure as demonstrated by at
226 least two of the following:
227 (a) limited or no availability of natural gas;
228 (b) limited or no availability of a sewer system;
229 (c) limited or no availability of broadband Internet;
230 (d) unpaved residential streets; or
231 (e) limited local construction professionals, vendors, or services.
232 Section 7. Section 63F-1-507 is amended to read:
233 63F-1-507. State Geographic Information Database.
234 (1) There is created a State Geographic Information Database to be managed by the
235 center.
236 (2) The database shall:
237 (a) serve as the central reference for all information contained in any GIS database by
238 any state agency;
239 (b) serve as a clearing house and repository for all data layers required by multiple
240 users;
241 (c) serve as a standard format for geographic information acquired, purchased, or
242 produced by any state agency;
243 (d) include an accurate representation of all civil subdivision boundaries of the state;
244 and
245 (e) for each public highway, as defined in Section 72-1-102, in the state, include an
246 accurate representation of the highway's centerline, physical characteristics, and associated
247 street address ranges.
248 (3) The center shall, in coordination with municipalities, counties, emergency
249 communications centers, and the Department of Transportation:
250 (a) develop the information described in Subsection (2)(e); and
251 (b) update the information described in Subsection (2)(e) in a timely manner after a
252 county recorder records a final plat.
253 (4) The center, in coordination with county assessors and metropolitan planning
254 organizations:
255 (a) shall inventory existing housing units and their general characteristics within each
256 county of the first or second class to support infrastructure planning and economic
257 development in each of those counties; and
258 (b) may inventory existing housing units and their general characteristics within one or
259 more counties of the third, fourth, fifth, or sixth class to support infrastructure planning and
260 economic development in one or more of those counties.
261 [
262 information data shall:
263 (a) inform the center of the existence of the data layers and their geographic extent;
264 (b) allow the center access to all data classified public; and
265 (c) comply with any database requirements established by the center.
266 [
267 information the State Tax Commission receives under Section 67-1a-6.5 relating to the creation
268 or modification of the boundaries of political subdivisions.
269 [
270 Information Database is the official boundary of the political subdivision for purposes of
271 meeting the needs of the United States Bureau of the Census in identifying the boundary of the
272 political subdivision.
273 Section 8. Appropriation.
274 The following sums of money are appropriated for the fiscal year beginning July 1,
275 2021, and ending June 30, 2022. These are additions to amounts previously appropriated for
276 fiscal year 2022. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
277 Act, the Legislature appropriates the following sums of money from the funds or accounts
278 indicated for the use and support of the government of the state of Utah.
279 ITEM 1
280 To Department of Worforce Services -- Olene Walker Housing Loan Fund
281 From General Fund, One-time
$800,000
282 Schedule of Programs:
283 Olene Walker Housing Loan Fund $800,000
284 The Legislature intends that:
285 (1) up to $300,000 of the appropriation in ITEM 1 be used for financing a mediation
286 program for landlords and tenants of low-income housing units;
287 (2) up to $500,000 of the appropriation in ITEM 1 be used for financing
288 predevelopment grants in advance of the construction of low-income housing units; and
289 (3) under Section 63J-1-603, appropriations under Subsections (1) and (2) not lapse at
290 the close of fiscal year 2022.