7 Cheryl K. Acton
8 Melissa G. Ballard
9 Kera Birkeland
Candice B. Pierucci
Judy Weeks Rohner
Christine F. Watkins
11 LONG TITLE
12 General Description:
13 This bill modifies provisions related to child care.
14 Highlighted Provisions:
15 This bill:
16 ▸ modifies definitions applicable to the Department of Health's licensing and
17 certification of child care providers;
18 ▸ clarifies the Department of Health's authority over municipalities and counties to
19 regulate licensed and certified child care programs;
20 ▸ allows a community reinvestment agency to use the agency's housing allocation to
21 pay for the expansion of child care facilities within the agency's boundaries;
22 ▸ requires the Department of Health to make rules allowing licensed and certified
23 child care providers to provide after school care for a reasonable number of children
24 in excess of capacity limits;
25 ▸ increases the number of children that a residential child care provider may care for
26 without a certificate from the Department of Health;
27 ▸ removes limitations on the number of children under two years old that a certified
28 residential child care provider may care for;
29 ▸ establishes a limit on the total number of children that a person may care for in the
30 person's home without a license or certificate from the Department of Health,
31 regardless of whether a child is related;
32 ▸ requires the Office of Child Care to provide grants to certain child care providers
33 from COVID-19 relief funds;
34 ▸ requires the Office of Child Care to report information about the office's
35 expenditure of COVID-19 relief funds on an annual basis;
36 ▸ requires a proposal for a housing and transportation reinvestment zone to promote
37 the objective of increasing access to child care; and
38 ▸ makes technical changes.
39 Money Appropriated in this Bill:
41 Other Special Clauses:
43 Utah Code Sections Affected:
45 17C-1-412, as last amended by Laws of Utah 2020, Chapter 241
46 26-39-102, as last amended by Laws of Utah 2015, Chapter 220
47 26-39-301, as last amended by Laws of Utah 2018, Chapter 58
48 26-39-401, as renumbered and amended by Laws of Utah 2008, Chapter 111
49 26-39-402, as last amended by Laws of Utah 2018, Chapter 415
50 26-39-403, as last amended by Laws of Utah 2017, Chapter 366
51 63I-2-235, as last amended by Laws of Utah 2021, Chapter 318
52 63N-3-603, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
54 10-8-84.6, Utah Code Annotated 1953
55 17-50-339, Utah Code Annotated 1953
56 35A-3-212, Utah Code Annotated 1953
58 Be it enacted by the Legislature of the state of Utah:
59 Section 1. Section 10-8-84.6 is enacted to read:
60 10-8-84.6. Prohibition on licensing or certification of child care programs.
61 (1) (a) As used in this section, "child care program" means a child care facility or
62 program operated by a person who holds a license or certificate from the Department of Health
63 under Title 26, Chapter 39, Utah Child Care Licensing Act.
64 (b) "Child care program" does not include a child care program for which a
65 municipality provides oversight, as described in Subsection 26-39-403(2)(e).
66 (2) A municipality may not enact or enforce an ordinance that:
67 (a) imposes licensing or certification requirements for a child care program; or
68 (b) governs the manner in which child care is provided in a child care program.
69 (3) This section does not prohibit a municipality from:
70 (a) requiring a business license to operate a business within the municipality; or
71 (b) imposing requirements related to building, health, and fire codes.
72 Section 2. Section 17-50-339 is enacted to read:
73 17-50-339. Prohibition on licensing or certification of child care programs.
74 (1) (a) As used in this section, "child care program" means a child care facility or
75 program operated by a person who holds a license or certificate from the Department of Health
76 under Title 26, Chapter 39, Utah Child Care Licensing Act.
77 (b) "Child care program" does not include a child care program for which a county
78 provides oversight, as described in Subsection 26-39-403(2)(e).
79 (2) A county may not enact or enforce an ordinance that:
80 (a) imposes licensing or certification requirements for a child care program; or
81 (b) governs the manner in which care is provided in a child care program.
82 (3) This section does not prohibit a county from:
83 (a) requiring a business license to operate a business within the county; or
84 (b) imposing requirements related to building, health, and fire codes.
85 Section 3. Section 17C-1-412 is amended to read:
86 17C-1-412. Use of housing allocation -- Separate accounting required -- Issuance
87 of bonds for housing -- Action to compel agency to provide housing allocation.
88 (1) (a) An agency shall use the agency's housing allocation to:
89 (i) pay part or all of the cost of land or construction of income targeted housing within
90 the boundary of the agency, if practicable in a mixed income development or area;
91 (ii) pay part or all of the cost of rehabilitation of income targeted housing within the
92 boundary of the agency;
93 (iii) lend, grant, or contribute money to a person, public entity, housing authority,
94 private entity or business, or nonprofit corporation for income targeted housing within the
95 boundary of the agency;
96 (iv) plan or otherwise promote income targeted housing within the boundary of the
98 (v) pay part or all of the cost of land or installation, construction, or rehabilitation of
99 any building, facility, structure, or other housing improvement, including infrastructure
100 improvements, related to housing located in a project area where a board has determined that a
101 development impediment exists;
102 (vi) replace housing units lost as a result of the project area development;
103 (vii) make payments on or establish a reserve fund for bonds:
104 (A) issued by the agency, the community, or the housing authority that provides
105 income targeted housing within the community; and
106 (B) all or part of the proceeds of which are used within the community for the purposes
107 stated in Subsection (1)(a)(i), (ii), (iii), (iv), (v), or (vi);
108 (viii) if the community's fair share ratio at the time of the first adoption of the project
109 area budget is at least 1.1 to 1.0, make payments on bonds:
110 (A) that were previously issued by the agency, the community, or the housing authority
111 that provides income targeted housing within the community; and
112 (B) all or part of the proceeds of which were used within the community for the
113 purposes stated in Subsection (1)(a)(i), (ii), (iii), (iv), (v), or (vi);
114 (ix) relocate mobile home park residents displaced by project area development;
115 (x) subject to Subsection (7), transfer funds to a community that created the agency; or
116 (xi) pay for or make a contribution toward the acquisition, construction, or
117 rehabilitation of housing that:
118 (A) is located in the same county as the agency;
119 (B) is owned in whole or in part by, or is dedicated to supporting, a public nonprofit
120 college or university; and
121 (C) only students of the relevant college or university, including the students'
122 immediate families, occupy.
123 (b) As an alternative to the requirements of Subsection (1)(a), an agency may pay all or
124 any portion of the agency's housing allocation to:
125 (i) the community for use as described in Subsection (1)(a);
126 (ii) a housing authority that provides income targeted housing within the community
127 for use in providing income targeted housing within the community;
128 (iii) a housing authority established by the county in which the agency is located for
130 (A) income targeted housing within the county;
131 (B) permanent housing, permanent supportive housing, or a transitional facility, as
132 defined in Section 35A-5-302, within the county; or
133 (C) homeless assistance within the county;
134 (iv) the Olene Walker Housing Loan Fund, established under Title 35A, Chapter 8,
135 Part 5, Olene Walker Housing Loan Fund, for use in providing income targeted housing within
136 the community; [
137 (v) pay for or make a contribution toward the acquisition, construction, or
138 rehabilitation of income targeted housing that is outside of the community if the housing is
139 located along or near a major transit investment corridor that services the community and the
140 related project has been approved by the community in which the housing is or will be
142 (vi) pay for or make a contribution toward the expansion of child care facilities within
143 the boundary of the agency, provided that any recipient of funds from the agency's housing
144 allocation reports annually to the agency on how the funds were used.
145 (2) (a) An agency may combine all or any portion of the agency's housing allocation
146 with all or any portion of one or more additional agency's housing allocations if the agencies
147 execute an interlocal agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation
149 (b) An agency that has entered into an interlocal agreement as described in Subsection
150 (2)(a), meets the requirements of Subsection (1)(a) or (1)(b) if the use of the housing allocation
151 meets the requirements for at least one agency that is a party to the interlocal agreement.
152 (3) The agency shall create a housing fund and separately account for the agency's
153 housing allocation, together with all interest earned by the housing allocation and all payments
154 or repayments for loans, advances, or grants from the housing allocation.
155 (4) An agency may:
156 (a) issue bonds to finance a housing-related project under this section, including the
157 payment of principal and interest upon advances for surveys and plans or preliminary loans;
159 (b) issue refunding bonds for the payment or retirement of bonds under Subsection
160 (4)(a) previously issued by the agency.
161 (5) (a) Except as provided in Subsection (5)(b), an agency shall allocate money to the
162 housing fund each year in which the agency receives sufficient tax increment to make a
163 housing allocation required by the project area budget.
164 (b) Subsection (5)(a) does not apply in a year in which tax increment is insufficient.
165 (6) (a) Except as provided in Subsection (5)(b), if an agency fails to provide a housing
166 allocation in accordance with the project area budget and the housing plan adopted under
167 Subsection 17C-2-204(2), the loan fund board may bring legal action to compel the agency to
168 provide the housing allocation.
169 (b) In an action under Subsection (6)(a), the court:
170 (i) shall award the loan fund board reasonable attorney fees, unless the court finds that
171 the action was frivolous; and
172 (ii) may not award the agency the agency's attorney fees, unless the court finds that the
173 action was frivolous.
174 (7) For the purpose of offsetting the community's annual local contribution to the
175 Homeless Shelter Cities Mitigation Restricted Account, the total amount an agency transfers in
176 a calendar year to a community under Subsections (1)(a)(x), 17C-1-409(1)(a)(v), and
177 17C-1-411(1)(d) may not exceed the community's annual local contribution as defined in
178 Section 35A-8-606.
179 Section 4. Section 26-39-102 is amended to read:
180 26-39-102. Definitions.
181 As used in this chapter:
182 (1) "Advisory committee" means the Residential Child Care Licensing Advisory
183 Committee, created in Section 26-1-7.
184 (2) "Capacity limit" means the maximum number of qualifying children that a
185 regulated provider may care for at any given time, in accordance with rules made by the
189 that is not the home of the provider.
190 (b) "Center based child care" does not include:
191 (i) [
192 (ii) care provided in a facility or program exempt under Section 26-39-403.
193 (4) "Certified provider" means a person who holds a certificate from the department
194 under Section 26-39-402.
196 qualifying [
197 (a) in lieu of care ordinarily provided by a parent in the parent's home;
198 (b) for less than 24 hours a day; and
199 (c) for direct or indirect compensation.
205 (8) "Licensed provider" means a person who holds a license from the department under
206 Section 26-39-401.
208 created in Section 26-1-7.
210 (a) a school, including a charter school, that:
211 (i) is directly funded at public expense; and
212 (ii) provides education to qualifying children for any grade from first grade through
213 twelfth grade; or
214 (b) a school, including a charter school, that provides:
215 (i) preschool or kindergarten to qualifying children, regardless of whether the preschool
216 or kindergarten is funded at public expense; and
217 (ii) education to qualifying children for any grade from first grade through twelfth
218 grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly
219 funded at public expense.
221 (a) (i) under the age of 13; or
222 (ii) under the age of 18, if the person has a disability; and
223 (b) a child of:
224 (i) a person other than the person providing care to the child;
225 (ii) a [
226 under the age of four; or
227 (iii) an employee or owner of a licensed child care center, if the child is under the age
228 of four.
229 (12) "Regulated provider" means a licensed provider or certified provider.
232 Section 5. Section 26-39-301 is amended to read:
233 26-39-301. Duties of the department -- Enforcement of chapter -- Licensing
234 committee requirements.
235 (1) With regard to residential child care licensed or certified under this chapter, the
236 department may:
237 (a) make and enforce rules to implement this chapter and, as necessary to protect
238 qualifying children's common needs for a safe and healthy environment, to provide for:
239 (i) adequate facilities and equipment; and
240 (ii) competent caregivers, considering the age of the children and the type of program
241 offered by the licensee; and
242 (b) make and enforce rules necessary to carry out the purposes of this chapter, in the
243 following areas:
244 (i) requirements for applications, the application process, and compliance with other
245 applicable statutes and rules;
246 (ii) documentation and policies and procedures that providers shall have in place in
247 order to be licensed, in accordance with Subsection (1)(a);
248 (iii) categories, classifications, and duration of initial and ongoing licenses;
249 (iv) changes of ownership or name, changes in licensure status, and changes in
250 operational status;
251 (v) license expiration and renewal, contents, and posting requirements;
252 (vi) procedures for inspections, complaint resolution, disciplinary actions, and other
253 procedural measures to encourage and assure compliance with statute and rule; and
254 (vii) guidelines necessary to assure consistency and appropriateness in the regulation
255 and discipline of licensees.
256 (2) The department shall enforce the rules established by the licensing committee, with
257 the concurrence of the department, for center based child care.
258 (3) The department shall make rules that allow a regulated provider to provide after
259 school child care for a reasonable number of qualifying children in excess of the regulated
260 provider's capacity limit, without requiring the regulated provider to obtain a waiver or new
261 license from the department.
263 with the concurrence of the department, shall be made in accordance with Title 63G, Chapter 3,
264 Utah Administrative Rulemaking Act.
266 curricula, academic methods, or the educational philosophy or approach of the provider.
267 (b) The licensing committee and the department shall allow for a broad range of
268 educational training and academic background in certification or qualification of child day care
271 the department shall reasonably balance the benefits and burdens of each regulation and, by
272 rule, provide for a range of licensure, depending upon the needs and different levels and types
273 of child care provided.
275 licensing committee and the department shall count children through age 12 and children with
276 disabilities through age 18 toward the minimum square footage requirement for indoor and
277 outdoor areas, including the child of:
278 (a) a licensed residential child care provider; or
279 (b) an owner or employee of a licensed child care center.
281 department may not exclude floor space used for furniture, fixtures, or equipment from the
282 minimum square footage requirement for indoor and outdoor areas if the furniture, fixture, or
283 equipment is used:
284 (a) by qualifying children;
285 (b) for the care of qualifying children; or
286 (c) to store classroom materials.
288 operated as a child care center continuously since January 1, 2004, is exempt from the licensing
289 committee's and the department's group size restrictions, if the child to caregiver ratios are
290 maintained, and adequate square footage is maintained for specific classrooms.
291 (b) An exemption granted under Subsection [
292 licensed operators at the center if a licensed child care center is continuously maintained at the
295 develop, by rule, a five-year phased-in compliance schedule for playground equipment safety
298 with Section 26-1-6.
301 Section 6. Section 26-39-401 is amended to read:
302 26-39-401. Licensure requirements -- Expiration -- Renewal.
303 (1) Except as provided in Section 26-39-403, and subject to Subsection (2), a person
304 shall [
305 from the department if:
308 (a) the person provides center based child care for five or more qualifying children;
309 (b) the person provides residential child care for nine or more qualifying children; or
310 (c) the person:
311 (i) provides child care;
312 (ii) is not required to obtain a license under Subsection (1)(a) or (b); and
313 (iii) requests to be licensed.
314 (2) Notwithstanding Subsection (1), a certified provider may, in accordance with rules
315 made by the department under Subsection 26-39-301(3), exceed the certified provider's
316 capacity limit to provide after school child care without obtaining a license from the
319 child care providers who meet the requirements of:
320 (a) this chapter; and
321 (b) the department's rules governing child care programs.
323 Section 7. Section 26-39-402 is amended to read:
324 26-39-402. Residential Child Care Certificate.
327 (1) Except as provided in Section 26-39-403, a person shall obtain a Residential Child
328 Care Certificate from the department if:
329 (a) the person provides residential child care for seven or eight qualifying children; or
330 (b) the person:
331 (i) provides residential child care for six or less qualifying children; and
332 (ii) requests to be certified.
333 (2) The minimum qualifications for a Residential Child Care Certificate are:
334 (a) the submission of:
335 (i) an application in the form prescribed by the department;
336 (ii) a certification and criminal background fee established in accordance with Section
337 26-1-6; and
338 (iii) in accordance with Section 26-39-404, identifying information for each adult
339 person and each juvenile age 12 through 17 years of age who resides in the provider's home:
340 (A) for processing by the Department of Public Safety to determine whether any such
341 person has been convicted of a crime;
342 (B) to screen for a substantiated finding of child abuse or neglect by a juvenile court;
344 (C) to discover whether the person is listed in the Licensing Information System
345 described in Section 62A-4a-1006;
346 (b) an initial and annual inspection of the provider's home within 90 days of sending an
347 intent to inspect notice to:
348 (i) check the immunization record, as defined in Section 53G-9-301, of each qualifying
349 child who receives child care in the provider's home;
350 (ii) identify serious sanitation, fire, and health hazards to qualifying children; and
351 (iii) make appropriate recommendations; and
352 (c) annual training consisting of 10 hours of department-approved training as specified
353 by the department by administrative rule, including a current department-approved CPR and
354 first aid course.
355 (3) If a serious sanitation, fire, or health hazard has been found during an inspection
356 conducted pursuant to Subsection (2)(b), the department shall require corrective action for the
357 serious hazards found and make an unannounced follow up inspection to determine
359 (4) In addition to an inspection conducted pursuant to Subsection (2)(b), the
360 department may inspect the home of a [
362 (a) child abuse or neglect;
363 (b) serious health hazards in or around the provider's home; or
364 (c) providing residential child care without the appropriate certificate or license.
373 enforce rules necessary to implement this section.
374 Section 8. Section 26-39-403 is amended to read:
375 26-39-403. Exclusions from chapter -- Criminal background checks by an
376 excluded person.
377 (1) (a) [
378 of this chapter do not apply to:
382 58-60-102, who is licensed to practice in this state;
384 Facility Licensing and Inspection Act;
386 guardian, grandparent, brother, sister, uncle, or aunt;
388 four hours a day or on a sporadic basis, unless that child care directly affects or is related to a
389 business licensed in this state; [
391 Department of Human Services[
392 (vii) center based child care for four or less qualifying children, unless the provider
393 requests to be licensed under Section 26-39-401; or
394 (viii) residential child care for six or less qualifying children, unless the provider
395 requests to be licensed under Section 26-39-401 or certified under Section 26-39-402.
396 (b) Notwithstanding Subsection (1)(a), a person who does not hold a license or
397 certificate from the department under this chapter may not, at any given time, provide child
398 care in the person's home for more than 10 children in total under the age of 13, or under the
399 age of 18 if a child has a disability, regardless of whether a child is related to the person
400 providing child care.
401 (2) The licensing and certification requirements of this chapter do not apply to:
402 (a) care provided to a qualifying child as part of a course of study at or a program
403 administered by an educational institution that is regulated by the boards of education of this
404 state, a private education institution that provides education in lieu of that provided by the
405 public education system, or by a parochial education institution;
406 (b) care provided to a qualifying child by a public or private institution of higher
407 education, if the care is provided in connection with a course of study or program, relating to
408 the education or study of children, that is provided to students of the institution of higher
410 (c) care provided to a qualifying child at a public school by an organization other than
411 the public school, if:
412 (i) the care is provided under contract with the public school or on school property; or
413 (ii) the public school accepts responsibility and oversight for the care provided by the
415 (d) care provided to a qualifying child as part of a summer camp that operates on
416 federal land pursuant to a federal permit;
417 (e) care provided by an organization that:
418 (i) qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue
420 (ii) provides care pursuant to a written agreement with:
421 (A) a municipality, as defined in Section 10-1-104, that provides oversight for the
422 program; or
423 (B) a county that provides oversight for the program; and
424 (iii) provides care to a child who is over the age of four and under the age of 13; or
425 (f) care provided to a qualifying child at a facility where:
426 (i) the parent or guardian of the qualifying child is at all times physically present in the
427 building where the care is provided and the parent or guardian is near enough to reach the child
428 within five minutes if needed;
429 (ii) the duration of the care is less than four hours for an individual qualifying child in
430 any one day;
431 (iii) the care is provided on a sporadic basis;
432 (iv) the care does not include diapering a qualifying child; and
433 (v) the care does not include preparing or serving meals to a qualifying child.
434 (3) An exempt provider shall submit to the department:
435 (a) the information required under Subsections 26-39-404(1) and (2); and
436 (b) of the children receiving care from the exempt provider:
437 (i) the number of children who are less than two years old;
438 (ii) the number of children who are at least two years old and less than five years old;
440 (iii) the number of children who are five years old or older.
441 (4) An exempt provider shall post, in a conspicuous location near the entrance of the
442 exempt provider's facility, a notice prepared by the department that:
443 (a) states that the facility is exempt from licensure and certification; and
444 (b) provides the department's contact information for submitting a complaint.
445 (5) (a) [
446 the information [
448 (b) The department may release an aggregate count of children receiving care from
449 exempt providers, without identifying a specific provider.
450 Section 9. Section 35A-3-212 is enacted to read:
451 35A-3-212. Use of COVID-19 relief funds -- Grants to child care providers --
452 Reporting requirements.
453 (1) As used in this section:
454 (a) "COVID-19 relief funds" means federal funds provided to the office under:
455 (i) the American Rescue Plan Act, Pub. L. No. 117-2;
456 (ii) the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136; or
457 (iii) the Coronavirus Response and Relief Supplemental Appropriations Act, Pub. L.
458 No. 116-260.
459 (b) "Eligible child care provider" means:
460 (i) a child care provider that enters into a contract with an employer to provide child
461 care for the employer's employees, either on-site or off-site of the employer's place of business;
463 (ii) a regulated residential child care provider.
464 (c) (i) "Employer" means:
465 (A) a public employer;
466 (B) a private employer; or
467 (C) a cooperative organized for the purpose of providing child care for members'
469 (ii) "Employer" includes a local education agency, as defined in Section 53E-1-102.
470 (d) "Regulated residential child care provider" means a person who holds a license or
471 certificate from the Department of Health to provide residential child care in accordance with
472 Title 26, Chapter 39, Utah Child Care Licensing Act.
473 (2) (a) Subject to availability of funds and requirements under applicable federal law,
474 the office shall use COVID-19 relief funds to provide grants to eligible child care providers to
475 assist in paying start-up costs associated with the provision of child care.
476 (b) The office shall make rules, in accordance with Title 63G, Chapter 3, Utah
477 Administrative Rulemaking Act, to establish criteria and procedures for applying for and
478 awarding grants under this Subsection (2).
479 (3) In fiscal years 2022 through 2024, the office shall submit to the department, for
480 inclusion in the department's annual written report described in Section 35A-1-109, an annual
481 report that provides:
482 (a) a complete accounting of the COVID-19 relief funds expended by the office during
483 the previous fiscal year;
484 (b) a description of the services, projects, and programs funded by the office with
485 COVID-19 relief funds during the previous fiscal year, including the amount of COVID-19
486 relief funds allocated to each service, project, or program; and
487 (c) information regarding the outcomes and effectiveness of the services, projects, and
488 programs funded by the office with COVID-19 relief funds during the previous fiscal year.
489 Section 10. Section 63I-2-235 is amended to read:
490 63I-2-235. Repeal dates -- Title 35A.
491 (1) Section 35A-1-104.6 is repealed June 30, 2022.
492 (2) Section 35A-3-212 is repealed June 30, 2025.
493 Section 11. Section 63N-3-603 is amended to read:
494 63N-3-603. Applicability, requirements, and limitations on a housing and transit
495 reinvestment zone.
496 (1) A housing and transit reinvestment zone proposal created under this part shall
497 promote the following objectives:
498 (a) higher utilization of public transit;
499 (b) increasing availability of housing, including affordable housing;
500 (c) conservation of water resources through efficient land use;
501 (d) improving air quality by reducing fuel consumption and motor vehicle trips;
502 (e) encouraging transformative mixed-use development and investment in
503 transportation and public transit infrastructure in strategic areas;
504 (f) strategic land use and municipal planning in major transit investment corridors as
505 described in Subsection 10-9a-403(2); [
506 (g) increasing access to employment and educational opportunities[
507 (h) increasing access to child care.
508 (2) In order to accomplish the objectives described in Subsection (1), a municipality or
509 public transit county that initiates the process to create a housing and transit reinvestment zone
510 as described in this part shall ensure that the proposal for a housing and transit reinvestment
511 zone includes:
512 (a) except as provided in Subsection (3), at least 10% of the proposed housing units
513 within the housing and transit reinvestment zone are affordable housing units;
514 (b) a dedication of at least 51% of the developable area within the housing and transit
515 reinvestment zone to residential development with an average of 50 multi-family dwelling
516 units per acre or greater; and
517 (c) mixed-use development.
518 (3) A municipality or public transit county that, at the time the housing and transit
519 reinvestment zone proposal is approved by the housing and transit reinvestment zone
520 committee, meets the affordable housing guidelines of the United States Department of
521 Housing and Urban Development at 60% area median income is exempt from the requirement
522 described in Subsection (2)(a).
523 (4) A municipality or public transit county may only propose a housing and transit
524 reinvestment zone that:
525 (a) subject to Subsection (5):
526 (i) (A) for a municipality, does not exceed a 1/3 mile radius of a commuter rail station;
528 (B) for a public transit county, does not exceed a 1/3 mile radius of a public transit
529 hub; and
530 (ii) has a total area of no more than 125 noncontiguous square acres;
531 (b) subject to Section 63N-3-607, proposes the capture of a maximum of 80% of each
532 taxing entity's tax increment above the base year for a term of no more than 25 consecutive
533 years on each parcel within a 45-year period not to exceed the tax increment amount approved
534 in the housing and transit reinvestment zone proposal; and
535 (c) the commencement of collection of tax increment, for all or a portion of the
536 housing and transit reinvestment zone, will be triggered by providing notice as described in
537 Subsection (6).
538 (5) If a parcel is bisected by the 1/3 mile radius, the full parcel may be included as part
539 of the housing and transit reinvestment zone area and will not count against the limitations
540 described in Subsection (4)(a).
541 (6) The notice of commencement of collection of tax increment required in Subsection
542 (4)(c) shall be sent by mail or electronically to:
543 (a) the tax commission;
544 (b) the State Board of Education;
545 (c) the state auditor;
546 (d) the auditor of the county in which the housing and transit reinvestment zone is
548 (e) each taxing entity affected by the collection of tax increment from the housing and
549 transit reinvestment zone; and
550 (f) the Governor's Office of Economic Opportunity.