Representative Steve Waldrip proposes the following substitute bill:




Chief Sponsor: Jacob L. Anderegg

House Sponsor: Steve Waldrip


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

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 10-8-501 is enacted to read:
Part 5. Grants for Affordable Housing

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[(2)](3), the municipality may determine the
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[(2)](3)(a)(i);
117          (b) a transportation and traffic circulation element as provided in Subsection
118     10-9a-403[(2)](3)(a)(ii); and

119          (c) for a municipality, other than a town, after considering the factors included in
120     Subsection 10-9a-403[(2)(b)(ii)](3)(b)(iii), a plan to provide a realistic opportunity to meet the
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[(2)](3)(b)(iii).
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; [and]
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          [(h)] (j) other activities that will assist in minimizing homelessness or improving the
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 non-profit 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          [(4)] (5) Each state agency that acquires, purchases, or produces digital geographic
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          [(5)] (6) At least annually, the State Tax Commission shall deliver to the center
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          [(6)] (7) The boundary of a political subdivision within the State Geographic
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 July1,
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

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.