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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 ▸ defines terms;
14 ▸ requires certain political subdivisions to adopt an implementation plan as part of the
15 moderate income housing element of the political subdivision's general plan;
16 ▸ modifies the list of strategies that a political subdivision may select, or are required
17 to select, for implementation as part of the moderate income housing element of the
18 political subdivision's general plan;
19 ▸ requires certain municipalities to develop and adopt station area plans for specified
20 areas surrounding public transit stations;
21 ▸ requires certain political subdivisions to amend the political subdivision's general
22 plan by a specified date if the general plan does not include certain provisions
23 related to moderate income housing;
24 ▸ modifies requirements for a political subdivision's annual moderate income housing
25 report to the Housing and Community Development Division (division) within the
26 Department of Workforce Services (department);
27 ▸ allows a political subdivision to have priority consideration for certain funds or
28 projects if the political subdivision demonstrates plans to implement a certain
29 number of moderate income housing strategies;
30 ▸ prohibits a political subdivision from receiving certain funds if the political
31 subdivision fails to comply with moderate income housing reporting requirements;
32 ▸ prohibits a political subdivision from imposing impact fees for the construction of
33 certain internal accessory dwelling units;
34 ▸ requires the Point of the Mountain State Land Authority to consult with the Unified
35 Economic Opportunity Commission in planning the development of the point of the
36 mountain state land;
37 ▸ modifies requirements for a public transit district to participate in a transit-oriented
38 development;
39 ▸ requires certain counties to prepare and submit a proposal to create a housing and
40 transit reinvestment zone by a specified date;
41 ▸ modifies local referenda signature requirements for local land use laws that relate to
42 the use of land within certain transit areas;
43 ▸ limits the referability to voters of local land use laws that relate to the use of land
44 within certain transit areas;
45 ▸ requires the division to develop a statewide database of moderate income housing
46 units;
47 ▸ requires the division to develop a methodology for determining whether a political
48 subdivision is complying with certain moderate income housing requirements, to be
49 submitted to and approved by the Commission on Housing Affordability by a
50 certain date;
51 ▸ modifies the membership of the Olene Walker Housing Loan Fund Board;
52 ▸ requires an entity that receives any money from the Olene Walker Housing Loan
53 Fund after a certain date to provide an annual accounting to the department;
54 ▸ repeals certain limits on the amount of money the department may distribute from
55 the Economic Revitalization and Investment Fund;
56 ▸ establishes the Rural Housing Fund, to be used by the division to provide loans for
57 certain moderate income housing projects in rural areas;
58 ▸ allows the department to use a certain amount of money from specified funds to
59 offset administrative costs;
60 ▸ allows the Private Activity Bond Review Board to transfer certain unused allotment
61 account funds to any other allotment account, and exempts such funds from certain
62 set aside requirements;
63 ▸ allows state entities, in addition to political subdivisions, to grant real property for
64 certain developments that include moderate income housing;
65 ▸ allows the Governor's Office of Economic Opportunity to use funds from the
66 Industrial Assistance Account to provide financial assistance to entities offering
67 technical assistance to municipalities for planning; and
68 ▸ makes technical and conforming changes.
69 Money Appropriated in this Bill:
70 This bill appropriates in fiscal year 2023:
71 ▸ to Department of Workforce Services -- Housing and Community Development, as
72 a one-time appropriation:
73 • from the General Fund, $500,000;
74 ▸ to Department of Workforce Services -- Housing and Community Development, as
75 a one-time appropriation:
76 • from the General Fund, $750,000;
77 ▸ to Department of Workforce Services -- Administration, as an ongoing
78 appropriation:
79 • from the General Fund, $132,000;
80 ▸ to Department of Workforce Services -- Housing and Community Development, as
81 a one-time appropriation:
82 • from the General Fund, $250,000; and
83 ▸ to Department of Workforce Services -- Housing and Community Development, as
84 a one-time appropriation:
85 • from the General Fund, $250,000.
86 Other Special Clauses:
87 This bill provides a special effective date.
88 This bill provides a coordination clause.
89 Utah Code Sections Affected:
90 AMENDS:
91 10-9a-103, as last amended by Laws of Utah 2021, Chapters 140 and 385
92 10-9a-401, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
93 10-9a-403, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
94 10-9a-404, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
95 10-9a-408, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
96 10-9a-509, as last amended by Laws of Utah 2021, Chapters 140 and 385
97 11-36a-202, as last amended by Laws of Utah 2021, Chapter 35
98 11-59-203, as enacted by Laws of Utah 2018, Chapter 388
99 17-27a-103, as last amended by Laws of Utah 2021, Chapters 140, 363, and 385
100 17-27a-401, as last amended by Laws of Utah 2021, Chapter 363
101 17-27a-403, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
102 17-27a-404, as last amended by Laws of Utah 2021, Chapters 84, 345, and 355
103 17-27a-408, as last amended by Laws of Utah 2020, Chapter 434
104 17-27a-508, as last amended by Laws of Utah 2021, Chapters 140 and 385
105 17B-2a-802, as last amended by Laws of Utah 2020, Chapter 377
106 17B-2a-804, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
107 20A-7-601, as last amended by Laws of Utah 2021, Chapter 140
108 20A-7-602.8, as last amended by Laws of Utah 2021, Chapter 418
109 35A-8-101, as last amended by Laws of Utah 2021, Chapter 281
110 35A-8-503, as last amended by Laws of Utah 2019, Chapter 327
111 35A-8-504, as last amended by Laws of Utah 2020, Chapter 241
112 35A-8-507.5, as enacted by Laws of Utah 2021, Chapter 333
113 35A-8-508, as last amended by Laws of Utah 2014, Chapter 371
114 35A-8-509, as enacted by Laws of Utah 2017, Chapter 279
115 35A-8-510, as enacted by Laws of Utah 2017, Chapter 279
116 35A-8-511, as enacted by Laws of Utah 2017, Chapter 279
117 35A-8-512, as enacted by Laws of Utah 2017, Chapter 279
118 35A-8-513, as enacted by Laws of Utah 2017, Chapter 279
119 35A-8-803, as last amended by Laws of Utah 2019, Chapter 327
120 35A-8-2105, as renumbered and amended by Laws of Utah 2018, Chapter 182
121 35A-8-2106, as renumbered and amended by Laws of Utah 2018, Chapter 182
122 35A-8-2203, as enacted by Laws of Utah 2018, Chapter 392
123 63J-4-802, as enacted by Laws of Utah 2021, First Special Session, Chapter 4
124 63N-3-603, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
125 72-1-304, as last amended by Laws of Utah 2021, Chapters 239, 239, 411, and 411
126 72-2-124, as last amended by Laws of Utah 2021, Chapters 239, 387, and 411
127 ENACTS:
128 10-9a-403.1, Utah Code Annotated 1953
129 35A-8-509.5, Utah Code Annotated 1953
130 63L-12-101, Utah Code Annotated 1953
131 63N-3-113, Utah Code Annotated 1953
132 RENUMBERS AND AMENDS:
133 63L-12-102, (Renumbered from 10-8-501, as enacted by Laws of Utah 2021, Chapter
134 333)
135 Utah Code Sections Affected by Coordination Clause:
136 10-9a-403, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
137
138 Be it enacted by the Legislature of the state of Utah:
139 Section 1. Section 10-9a-103 is amended to read:
140 10-9a-103. Definitions.
141 As used in this chapter:
142 (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
143 detached from a primary single-family dwelling and contained on one lot.
144 (2) "Adversely affected party" means a person other than a land use applicant who:
145 (a) owns real property adjoining the property that is the subject of a land use
146 application or land use decision; or
147 (b) will suffer a damage different in kind than, or an injury distinct from, that of the
148 general community as a result of the land use decision.
149 (3) "Affected entity" means a county, municipality, local district, special service
150 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
151 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
152 public utility, property owner, property owners association, or the Utah Department of
153 Transportation, if:
154 (a) the entity's services or facilities are likely to require expansion or significant
155 modification because of an intended use of land;
156 (b) the entity has filed with the municipality a copy of the entity's general or long-range
157 plan; or
158 (c) the entity has filed with the municipality a request for notice during the same
159 calendar year and before the municipality provides notice to an affected entity in compliance
160 with a requirement imposed under this chapter.
161 (4) "Affected owner" means the owner of real property that is:
162 (a) a single project;
163 (b) the subject of a land use approval that sponsors of a referendum timely challenged
164 in accordance with Subsection 20A-7-601[
165 (c) determined to be legally referable under Section 20A-7-602.8.
166 (5) "Appeal authority" means the person, board, commission, agency, or other body
167 designated by ordinance to decide an appeal of a decision of a land use application or a
168 variance.
169 (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
170 residential property if the sign is designed or intended to direct attention to a business, product,
171 or service that is not sold, offered, or existing on the property where the sign is located.
172 (7) (a) "Charter school" means:
173 (i) an operating charter school;
174 (ii) a charter school applicant that a charter school authorizer approves in accordance
175 with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
176 (iii) an entity that is working on behalf of a charter school or approved charter
177 applicant to develop or construct a charter school building.
178 (b) "Charter school" does not include a therapeutic school.
179 (8) "Conditional use" means a land use that, because of the unique characteristics or
180 potential impact of the land use on the municipality, surrounding neighbors, or adjacent land
181 uses, may not be compatible in some areas or may be compatible only if certain conditions are
182 required that mitigate or eliminate the detrimental impacts.
183 (9) "Constitutional taking" means a governmental action that results in a taking of
184 private property so that compensation to the owner of the property is required by the:
185 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
186 (b) Utah Constitution Article I, Section 22.
187 (10) "Culinary water authority" means the department, agency, or public entity with
188 responsibility to review and approve the feasibility of the culinary water system and sources for
189 the subject property.
190 (11) "Development activity" means:
191 (a) any construction or expansion of a building, structure, or use that creates additional
192 demand and need for public facilities;
193 (b) any change in use of a building or structure that creates additional demand and need
194 for public facilities; or
195 (c) any change in the use of land that creates additional demand and need for public
196 facilities.
197 (12) (a) "Development agreement" means a written agreement or amendment to a
198 written agreement between a municipality and one or more parties that regulates or controls the
199 use or development of a specific area of land.
200 (b) "Development agreement" does not include an improvement completion assurance.
201 (13) (a) "Disability" means a physical or mental impairment that substantially limits
202 one or more of a person's major life activities, including a person having a record of such an
203 impairment or being regarded as having such an impairment.
204 (b) "Disability" does not include current illegal use of, or addiction to, any federally
205 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
206 802.
207 (14) "Educational facility":
208 (a) means:
209 (i) a school district's building at which pupils assemble to receive instruction in a
210 program for any combination of grades from preschool through grade 12, including
211 kindergarten and a program for children with disabilities;
212 (ii) a structure or facility:
213 (A) located on the same property as a building described in Subsection (14)(a)(i); and
214 (B) used in support of the use of that building; and
215 (iii) a building to provide office and related space to a school district's administrative
216 personnel; and
217 (b) does not include:
218 (i) land or a structure, including land or a structure for inventory storage, equipment
219 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
220 (A) not located on the same property as a building described in Subsection (14)(a)(i);
221 and
222 (B) used in support of the purposes of a building described in Subsection (14)(a)(i); or
223 (ii) a therapeutic school.
224 (15) "Fire authority" means the department, agency, or public entity with responsibility
225 to review and approve the feasibility of fire protection and suppression services for the subject
226 property.
227 (16) "Flood plain" means land that:
228 (a) is within the 100-year flood plain designated by the Federal Emergency
229 Management Agency; or
230 (b) has not been studied or designated by the Federal Emergency Management Agency
231 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
232 the land has characteristics that are similar to those of a 100-year flood plain designated by the
233 Federal Emergency Management Agency.
234 (17) "General plan" means a document that a municipality adopts that sets forth general
235 guidelines for proposed future development of the land within the municipality.
236 (18) "Geologic hazard" means:
237 (a) a surface fault rupture;
238 (b) shallow groundwater;
239 (c) liquefaction;
240 (d) a landslide;
241 (e) a debris flow;
242 (f) unstable soil;
243 (g) a rock fall; or
244 (h) any other geologic condition that presents a risk:
245 (i) to life;
246 (ii) of substantial loss of real property; or
247 (iii) of substantial damage to real property.
248 (19) "Historic preservation authority" means a person, board, commission, or other
249 body designated by a legislative body to:
250 (a) recommend land use regulations to preserve local historic districts or areas; and
251 (b) administer local historic preservation land use regulations within a local historic
252 district or area.
253 (20) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
254 meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
255 utility system.
256 (21) "Identical plans" means building plans submitted to a municipality that:
257 (a) are clearly marked as "identical plans";
258 (b) are substantially identical to building plans that were previously submitted to and
259 reviewed and approved by the municipality; and
260 (c) describe a building that:
261 (i) is located on land zoned the same as the land on which the building described in the
262 previously approved plans is located;
263 (ii) is subject to the same geological and meteorological conditions and the same law
264 as the building described in the previously approved plans;
265 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
266 and approved by the municipality; and
267 (iv) does not require any additional engineering or analysis.
268 (22) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
269 Impact Fees Act.
270 (23) "Improvement completion assurance" means a surety bond, letter of credit,
271 financial institution bond, cash, assignment of rights, lien, or other equivalent security required
272 by a municipality to guaranty the proper completion of landscaping or an infrastructure
273 improvement required as a condition precedent to:
274 (a) recording a subdivision plat; or
275 (b) development of a commercial, industrial, mixed use, or multifamily project.
276 (24) "Improvement warranty" means an applicant's unconditional warranty that the
277 applicant's installed and accepted landscaping or infrastructure improvement:
278 (a) complies with the municipality's written standards for design, materials, and
279 workmanship; and
280 (b) will not fail in any material respect, as a result of poor workmanship or materials,
281 within the improvement warranty period.
282 (25) "Improvement warranty period" means a period:
283 (a) no later than one year after a municipality's acceptance of required landscaping; or
284 (b) no later than one year after a municipality's acceptance of required infrastructure,
285 unless the municipality:
286 (i) determines for good cause that a one-year period would be inadequate to protect the
287 public health, safety, and welfare; and
288 (ii) has substantial evidence, on record:
289 (A) of prior poor performance by the applicant; or
290 (B) that the area upon which the infrastructure will be constructed contains suspect soil
291 and the municipality has not otherwise required the applicant to mitigate the suspect soil.
292 (26) "Infrastructure improvement" means permanent infrastructure that is essential for
293 the public health and safety or that:
294 (a) is required for human occupation; and
295 (b) an applicant must install:
296 (i) in accordance with published installation and inspection specifications for public
297 improvements; and
298 (ii) whether the improvement is public or private, as a condition of:
299 (A) recording a subdivision plat;
300 (B) obtaining a building permit; or
301 (C) development of a commercial, industrial, mixed use, condominium, or multifamily
302 project.
303 (27) "Internal lot restriction" means a platted note, platted demarcation, or platted
304 designation that:
305 (a) runs with the land; and
306 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
307 the plat; or
308 (ii) designates a development condition that is enclosed within the perimeter of a lot
309 described on the plat.
310 (28) "Land use applicant" means a property owner, or the property owner's designee,
311 who submits a land use application regarding the property owner's land.
312 (29) "Land use application":
313 (a) means an application that is:
314 (i) required by a municipality; and
315 (ii) submitted by a land use applicant to obtain a land use decision; and
316 (b) does not mean an application to enact, amend, or repeal a land use regulation.
317 (30) "Land use authority" means:
318 (a) a person, board, commission, agency, or body, including the local legislative body,
319 designated by the local legislative body to act upon a land use application; or
320 (b) if the local legislative body has not designated a person, board, commission,
321 agency, or body, the local legislative body.
322 (31) "Land use decision" means an administrative decision of a land use authority or
323 appeal authority regarding:
324 (a) a land use permit;
325 (b) a land use application; or
326 (c) the enforcement of a land use regulation, land use permit, or development
327 agreement.
328 (32) "Land use permit" means a permit issued by a land use authority.
329 (33) "Land use regulation":
330 (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
331 specification, fee, or rule that governs the use or development of land;
332 (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
333 and
334 (c) does not include:
335 (i) a land use decision of the legislative body acting as the land use authority, even if
336 the decision is expressed in a resolution or ordinance; or
337 (ii) a temporary revision to an engineering specification that does not materially:
338 (A) increase a land use applicant's cost of development compared to the existing
339 specification; or
340 (B) impact a land use applicant's use of land.
341 (34) "Legislative body" means the municipal council.
342 (35) "Local district" means an entity under Title 17B, Limited Purpose Local
343 Government Entities - Local Districts, and any other governmental or quasi-governmental
344 entity that is not a county, municipality, school district, or the state.
345 (36) "Local historic district or area" means a geographically definable area that:
346 (a) contains any combination of buildings, structures, sites, objects, landscape features,
347 archeological sites, or works of art that contribute to the historic preservation goals of a
348 legislative body; and
349 (b) is subject to land use regulations to preserve the historic significance of the local
350 historic district or area.
351 (37) "Lot" means a tract of land, regardless of any label, that is created by and shown
352 on a subdivision plat that has been recorded in the office of the county recorder.
353 (38) (a) "Lot line adjustment" means a relocation of a lot line boundary between
354 adjoining lots or between a lot and adjoining parcels in accordance with Section 10-9a-608:
355 (i) whether or not the lots are located in the same subdivision; and
356 (ii) with the consent of the owners of record.
357 (b) "Lot line adjustment" does not mean a new boundary line that:
358 (i) creates an additional lot; or
359 (ii) constitutes a subdivision.
360 (c) "Lot line adjustment" does not include a boundary line adjustment made by the
361 Department of Transportation.
362 (39) "Major transit investment corridor" means public transit service that uses or
363 occupies:
364 (a) public transit rail right-of-way;
365 (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
366 or
367 (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
368 municipality or county and:
369 (i) a public transit district as defined in Section 17B-2a-802; or
370 (ii) an eligible political subdivision as defined in Section 59-12-2219.
371 (40) "Moderate income housing" means housing occupied or reserved for occupancy
372 by households with a gross household income equal to or less than 80% of the median gross
373 income for households of the same size in the county in which the city is located.
374 (41) "Municipal utility easement" means an easement that:
375 (a) is created or depicted on a plat recorded in a county recorder's office and is
376 described as a municipal utility easement granted for public use;
377 (b) is not a protected utility easement or a public utility easement as defined in Section
378 54-3-27;
379 (c) the municipality or the municipality's affiliated governmental entity uses and
380 occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm
381 water, or communications or data lines;
382 (d) is used or occupied with the consent of the municipality in accordance with an
383 authorized franchise or other agreement;
384 (e) (i) is used or occupied by a specified public utility in accordance with an authorized
385 franchise or other agreement; and
386 (ii) is located in a utility easement granted for public use; or
387 (f) is described in Section 10-9a-529 and is used by a specified public utility.
388 (42) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
389 spent and expenses incurred in:
390 (a) verifying that building plans are identical plans; and
391 (b) reviewing and approving those minor aspects of identical plans that differ from the
392 previously reviewed and approved building plans.
393 (43) "Noncomplying structure" means a structure that:
394 (a) legally existed before the structure's current land use designation; and
395 (b) because of one or more subsequent land use ordinance changes, does not conform
396 to the setback, height restrictions, or other regulations, excluding those regulations, which
397 govern the use of land.
398 (44) "Nonconforming use" means a use of land that:
399 (a) legally existed before its current land use designation;
400 (b) has been maintained continuously since the time the land use ordinance governing
401 the land changed; and
402 (c) because of one or more subsequent land use ordinance changes, does not conform
403 to the regulations that now govern the use of the land.
404 (45) "Official map" means a map drawn by municipal authorities and recorded in a
405 county recorder's office that:
406 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
407 highways and other transportation facilities;
408 (b) provides a basis for restricting development in designated rights-of-way or between
409 designated setbacks to allow the government authorities time to purchase or otherwise reserve
410 the land; and
411 (c) has been adopted as an element of the municipality's general plan.
412 (46) "Parcel" means any real property that is not a lot.
413 (47) (a) "Parcel boundary adjustment" means a recorded agreement between owners of
414 adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
415 agreement in accordance with Section 10-9a-524, if no additional parcel is created and:
416 (i) none of the property identified in the agreement is a lot; or
417 (ii) the adjustment is to the boundaries of a single person's parcels.
418 (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
419 line that:
420 (i) creates an additional parcel; or
421 (ii) constitutes a subdivision.
422 (c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
423 the Department of Transportation.
424 (48) "Person" means an individual, corporation, partnership, organization, association,
425 trust, governmental agency, or any other legal entity.
426 (49) "Plan for moderate income housing" means a written document adopted by a
427 municipality's legislative body that includes:
428 (a) an estimate of the existing supply of moderate income housing located within the
429 municipality;
430 (b) an estimate of the need for moderate income housing in the municipality for the
431 next five years;
432 (c) a survey of total residential land use;
433 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
434 income housing; and
435 (e) a description of the municipality's program to encourage an adequate supply of
436 moderate income housing.
437 (50) "Plat" means an instrument subdividing property into lots as depicted on a map or
438 other graphical representation of lands that a licensed professional land surveyor makes and
439 prepares in accordance with Section 10-9a-603 or 57-8-13.
440 (51) "Potential geologic hazard area" means an area that:
441 (a) is designated by a Utah Geological Survey map, county geologist map, or other
442 relevant map or report as needing further study to determine the area's potential for geologic
443 hazard; or
444 (b) has not been studied by the Utah Geological Survey or a county geologist but
445 presents the potential of geologic hazard because the area has characteristics similar to those of
446 a designated geologic hazard area.
447 (52) "Public agency" means:
448 (a) the federal government;
449 (b) the state;
450 (c) a county, municipality, school district, local district, special service district, or other
451 political subdivision of the state; or
452 (d) a charter school.
453 (53) "Public hearing" means a hearing at which members of the public are provided a
454 reasonable opportunity to comment on the subject of the hearing.
455 (54) "Public meeting" means a meeting that is required to be open to the public under
456 Title 52, Chapter 4, Open and Public Meetings Act.
457 (55) "Public street" means a public right-of-way, including a public highway, public
458 avenue, public boulevard, public parkway, public road, public lane, public alley, public
459 viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
460 easement, or other public way.
461 (56) "Receiving zone" means an area of a municipality that the municipality
462 designates, by ordinance, as an area in which an owner of land may receive a transferable
463 development right.
464 (57) "Record of survey map" means a map of a survey of land prepared in accordance
465 with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
466 (58) "Residential facility for persons with a disability" means a residence:
467 (a) in which more than one person with a disability resides; and
468 (b) (i) which is licensed or certified by the Department of Human Services under Title
469 62A, Chapter 2, Licensure of Programs and Facilities; or
470 (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
471 21, Health Care Facility Licensing and Inspection Act.
472 (59) "Rules of order and procedure" means a set of rules that govern and prescribe in a
473 public meeting:
474 (a) parliamentary order and procedure;
475 (b) ethical behavior; and
476 (c) civil discourse.
477 (60) "Sanitary sewer authority" means the department, agency, or public entity with
478 responsibility to review and approve the feasibility of sanitary sewer services or onsite
479 wastewater systems.
480 (61) "Sending zone" means an area of a municipality that the municipality designates,
481 by ordinance, as an area from which an owner of land may transfer a transferable development
482 right.
483 (62) "Specified public agency" means:
484 (a) the state;
485 (b) a school district; or
486 (c) a charter school.
487 (63) "Specified public utility" means an electrical corporation, gas corporation, or
488 telephone corporation, as those terms are defined in Section 54-2-1.
489 (64) "State" includes any department, division, or agency of the state.
490 (65) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
491 divided into two or more lots or other division of land for the purpose, whether immediate or
492 future, for offer, sale, lease, or development either on the installment plan or upon any and all
493 other plans, terms, and conditions.
494 (b) "Subdivision" includes:
495 (i) the division or development of land, whether by deed, metes and bounds
496 description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
497 the division includes all or a portion of a parcel or lot; and
498 (ii) except as provided in Subsection (65)(c), divisions of land for residential and
499 nonresidential uses, including land used or to be used for commercial, agricultural, and
500 industrial purposes.
501 (c) "Subdivision" does not include:
502 (i) a bona fide division or partition of agricultural land for the purpose of joining one of
503 the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
504 neither the resulting combined parcel nor the parcel remaining from the division or partition
505 violates an applicable land use ordinance;
506 (ii) a boundary line agreement recorded with the county recorder's office between
507 owners of adjoining parcels adjusting the mutual boundary in accordance with Section
508 10-9a-524 if no new parcel is created;
509 (iii) a recorded document, executed by the owner of record:
510 (A) revising the legal descriptions of multiple parcels into one legal description
511 encompassing all such parcels; or
512 (B) joining a lot to a parcel;
513 (iv) a boundary line agreement between owners of adjoining subdivided properties
514 adjusting the mutual lot line boundary in accordance with Sections 10-9a-524 and 10-9a-608 if:
515 (A) no new dwelling lot or housing unit will result from the adjustment; and
516 (B) the adjustment will not violate any applicable land use ordinance;
517 (v) a bona fide division of land by deed or other instrument if the deed or other
518 instrument states in writing that the division:
519 (A) is in anticipation of future land use approvals on the parcel or parcels;
520 (B) does not confer any land use approvals; and
521 (C) has not been approved by the land use authority;
522 (vi) a parcel boundary adjustment;
523 (vii) a lot line adjustment;
524 (viii) a road, street, or highway dedication plat;
525 (ix) a deed or easement for a road, street, or highway purpose; or
526 (x) any other division of land authorized by law.
527 (66) "Subdivision amendment" means an amendment to a recorded subdivision in
528 accordance with Section 10-9a-608 that:
529 (a) vacates all or a portion of the subdivision;
530 (b) alters the outside boundary of the subdivision;
531 (c) changes the number of lots within the subdivision;
532 (d) alters a public right-of-way, a public easement, or public infrastructure within the
533 subdivision; or
534 (e) alters a common area or other common amenity within the subdivision.
535 (67) "Substantial evidence" means evidence that:
536 (a) is beyond a scintilla; and
537 (b) a reasonable mind would accept as adequate to support a conclusion.
538 (68) "Suspect soil" means soil that has:
539 (a) a high susceptibility for volumetric change, typically clay rich, having more than a
540 3% swell potential;
541 (b) bedrock units with high shrink or swell susceptibility; or
542 (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
543 commonly associated with dissolution and collapse features.
544 (69) "Therapeutic school" means a residential group living facility:
545 (a) for four or more individuals who are not related to:
546 (i) the owner of the facility; or
547 (ii) the primary service provider of the facility;
548 (b) that serves students who have a history of failing to function:
549 (i) at home;
550 (ii) in a public school; or
551 (iii) in a nonresidential private school; and
552 (c) that offers:
553 (i) room and board; and
554 (ii) an academic education integrated with:
555 (A) specialized structure and supervision; or
556 (B) services or treatment related to a disability, an emotional development, a
557 behavioral development, a familial development, or a social development.
558 (70) "Transferable development right" means a right to develop and use land that
559 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
560 land use rights from a designated sending zone to a designated receiving zone.
561 (71) "Unincorporated" means the area outside of the incorporated area of a city or
562 town.
563 (72) "Water interest" means any right to the beneficial use of water, including:
564 (a) each of the rights listed in Section 73-1-11; and
565 (b) an ownership interest in the right to the beneficial use of water represented by:
566 (i) a contract; or
567 (ii) a share in a water company, as defined in Section 73-3-3.5.
568 (73) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
569 land use zones, overlays, or districts.
570 Section 2. Section 10-9a-401 is amended to read:
571 10-9a-401. General plan required -- Content.
572 (1) In order to accomplish the purposes of this chapter, each municipality shall prepare
573 and adopt a comprehensive, long-range general plan for:
574 (a) present and future needs of the municipality; and
575 (b) growth and development of all or any part of the land within the municipality.
576 (2) The general plan may provide for:
577 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
578 activities, aesthetics, and recreational, educational, and cultural opportunities;
579 (b) the reduction of the waste of physical, financial, or human resources that result
580 from either excessive congestion or excessive scattering of population;
581 (c) the efficient and economical use, conservation, and production of the supply of:
582 (i) food and water; and
583 (ii) drainage, sanitary, and other facilities and resources;
584 (d) the use of energy conservation and solar and renewable energy resources;
585 (e) the protection of urban development;
586 (f) if the municipality is a town, the protection or promotion of moderate income
587 housing;
588 (g) the protection and promotion of air quality;
589 (h) historic preservation;
590 (i) identifying future uses of land that are likely to require an expansion or significant
591 modification of services or facilities provided by each affected entity; and
592 (j) an official map.
593 [
594
595 [
596
597
598 [
599 [
600
601 [
602 [
603
604 [
605
606 [
607
608 (3) (a) The general plan of a specified municipality, as defined in Section 10-9a-408,
609 shall include a moderate income housing element that meets the requirements of Subsection
610 10-9a-403(2)(a)(iii).
611 (b) On or before October 1, 2022, a specified municipality, as defined in Section
612 10-9a-408, with a general plan that does not comply with Subsection (3)(a) shall amend the
613 general plan to comply with Subsection (3)(a).
614 (4) Subject to Subsection 10-9a-403(2), the municipality may determine the
615 comprehensiveness, extent, and format of the general plan.
616 Section 3. Section 10-9a-403 is amended to read:
617 10-9a-403. General plan preparation.
618 (1) (a) The planning commission shall provide notice, as provided in Section
619 10-9a-203, of [
620 municipal legislative body for a general plan or a comprehensive general plan amendment
621 when the planning commission initiates the process of preparing [
622 commission's recommendation.
623 (b) The planning commission shall make and recommend to the legislative body a
624 proposed general plan for the area within the municipality.
625 (c) The plan may include areas outside the boundaries of the municipality if, in the
626 planning commission's judgment, those areas are related to the planning of the municipality's
627 territory.
628 (d) Except as otherwise provided by law or with respect to a municipality's power of
629 eminent domain, when the plan of a municipality involves territory outside the boundaries of
630 the municipality, the municipality may not take action affecting that territory without the
631 concurrence of the county or other municipalities affected.
632 (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
633 and descriptive and explanatory matter, shall include the planning commission's
634 recommendations for the following plan elements:
635 (i) a land use element that:
636 (A) designates the long-term goals and the proposed extent, general distribution, and
637 location of land for housing for residents of various income levels, business, industry,
638 agriculture, recreation, education, public buildings and grounds, open space, and other
639 categories of public and private uses of land as appropriate; and
640 (B) [
641 population density and building intensity recommended for the various land use categories
642 covered by the plan;
643 (ii) a transportation and traffic circulation element that:
644 (A) provides the general location and extent of existing and proposed freeways, arterial
645 and collector streets, public transit, active transportation facilities, and other modes of
646 transportation that the planning commission considers appropriate;
647 (B) for a municipality that has access to a major transit investment corridor, addresses
648 the municipality's plan for residential and commercial development around major transit
649 investment corridors to maintain and improve the connections between housing, employment,
650 education, recreation, and commerce;
651 (C) for a municipality that does not have access to a major transit investment corridor,
652 addresses the municipality's plan for residential and commercial development in areas that will
653 maintain and improve the connections between housing, transportation, employment,
654 education, recreation, and commerce; and
655 (D) correlates with the population projections, the employment projections, and the
656 proposed land use element of the general plan; and
657 [
658
659 (iii) for a specified municipality as defined in Section 10-9a-408, a moderate income
660 housing element that:
661 (A) provides a realistic opportunity to meet the need for additional moderate income
662 housing within the next five years;
663 (B) selects three or more moderate income housing strategies described in Subsection
664 (2)(b)(iii) for implementation, including one additional moderate income housing strategy as
665 provided in Subsection (2)(b)(iv) for a specified municipality that has a fixed guideway public
666 transit station; and
667 (C) includes an implementation plan as provided in Subsection (2)(c).
668 (b) In drafting the moderate income housing element, the planning commission:
669 (i) shall consider the Legislature's determination that municipalities shall facilitate a
670 reasonable opportunity for a variety of housing, including moderate income housing:
671 (A) to meet the needs of people of various income levels living, working, or desiring to
672 live or work in the community; and
673 (B) to allow people with various incomes to benefit from and fully participate in all
674 aspects of neighborhood and community life;
675 (ii) for a town, may include, and for [
676 defined in Section 10-9a-408, shall include, an analysis of how the municipality will provide a
677 realistic opportunity for the development of moderate income housing within the next five
678 years;
679 (iii) for a town, may include, and for other municipalities, shall include, a
680 recommendation to implement three or more of the following moderate income housing
681 strategies:
682 (A) rezone for densities necessary to [
683 income housing;
684 (B) [
685 infrastructure that [
686 (C) [
687 housing stock into moderate income housing;
688 (D) [
689 waive construction related fees that are otherwise generally imposed by the [
690 for the construction or rehabilitation of moderate income housing;
691 (E) create or allow for, and reduce regulations related to, internal or detached accessory
692 dwelling units in residential zones;
693 (F) [
694 development in commercial [
695 commercial centers, or employment centers;
696 (G) [
697 density or new moderate income residential development in commercial or mixed-use zones
698 near major transit investment corridors;
699 (H) amend land use regulations to eliminate or reduce parking requirements for
700 residential development where a resident is less likely to rely on the resident's own vehicle,
701 such as residential development near major transit investment corridors or senior living
702 facilities;
703 (I) amend land use regulations to allow for single room occupancy developments;
704 (J) implement zoning incentives for [
705 developments;
706 [
707
708 [
709 utilizing a landlord incentive program, providing for deed restricted units through a grant
710 program, or establishing a housing loss mitigation fund;
711 [
712 related to [
713 [
714 trust program for [
715 [
716 [
717 employer that operates within the municipality;
718 [
719 incentives to promote the construction of moderate income housing, an entity that applies for
720 programs offered by the Utah Housing Corporation within that agency's funding capacity, an
721 entity that applies for affordable housing programs administered by the Department of
722 Workforce Services, an entity that applies for affordable housing programs administered by an
723 association of governments established by an interlocal agreement under Title 11, Chapter 13,
724 Interlocal Cooperation Act, an entity that applies for services provided by a public housing
725 authority to preserve and create moderate income housing, or any other entity that applies for
726 programs or services that promote the construction or preservation of moderate income
727 housing;
728 [
729
730 [
731
732 [
733
734
735 [
736
737 [
738
739
740 [
741 community reinvestment agency, redevelopment agency, or community development and
742 renewal agency[
743 (Q) create a housing and transit reinvestment zone pursuant to Title 63N, Chapter 3,
744 Part 6, Housing and Transit Reinvestment Zone Act;
745 (R) eliminate impact fees for any accessory dwelling unit that is not an internal
746 accessory dwelling unit as defined in Section 10-9a-530;
747 (S) create a program to transfer development rights for moderate income housing;
748 (T) ratify a joint acquisition agreement with another local political subdivision for the
749 purpose of combining resources to acquire property for moderate income housing;
750 (U) develop a moderate income housing project for residents who are disabled or 55
751 years old or older;
752 (V) develop and adopt a station area plan in accordance with Section 10-9a-403.1;
753 (W) create or allow for, and reduce regulations related to, multifamily residential
754 dwellings compatible in scale and form with detached single-family residential dwellings and
755 located in walkable communities within residential or mixed-use zones; and
756 [
757
758 than 80% of the area median income, including the dedication of a local funding source to
759 moderate income housing or the adoption of a land use ordinance that requires 10% or more of
760 new residential development in a residential zone be dedicated to moderate income housing;
761 and
762 (iv) in addition to the recommendations required under Subsection (2)(b)(iii), for a
763 municipality that has a fixed guideway public transit station, shall include a recommendation to
764 implement [
765 (A) the strategy described in Subsection (2)(b)(iii)(V); and
766 (B) a strategy described in Subsection (2)(b)(iii)(G) [
767 (c) (i) In drafting the implementation plan portion of the moderate income housing
768 element as described in Subsection (2)(a)(iii)(C), the planning commission shall establish a
769 timeline for implementing each of the moderate income housing strategies selected by the
770 municipality for implementation.
771 (ii) The timeline described in Subsection (2)(c)(i) shall:
772 (A) identify specific measures and benchmarks for implementing each moderate
773 income housing strategy selected by the municipality, whether one-time or ongoing; and
774 (B) provide flexibility for the municipality to make adjustments as needed.
775 [
776 (i) identify and consider each agriculture protection area within the municipality; [
777 (ii) avoid proposing a use of land within an agriculture protection area that is
778 inconsistent with or detrimental to the use of the land for agriculture[
779 (iii) consider and coordinate with any station area plans adopted by the municipality if
780 required under Section 10-9a-403.1.
781 [
782 commission shall:
783 (i) (A) consider and coordinate with the regional transportation plan developed by [
784 the region's metropolitan planning organization, if the municipality is within the boundaries of
785 a metropolitan planning organization; or
786 [
787 the Department of Transportation, if the municipality is not within the boundaries of a
788 metropolitan planning organization[
789 (ii) consider and coordinate with any station area plans adopted by the municipality if
790 required under Section 10-9a-403.1.
791 (3) The proposed general plan may include:
792 (a) an environmental element that addresses:
793 (i) the protection, conservation, development, and use of natural resources, including
794 the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
795 and other natural resources; and
796 (ii) the reclamation of land, flood control, prevention and control of the pollution of
797 streams and other waters, regulation of the use of land on hillsides, stream channels and other
798 environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
799 protection of watersheds and wetlands, and the mapping of known geologic hazards;
800 (b) a public services and facilities element showing general plans for sewage, water,
801 waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
802 police and fire protection, and other public services;
803 (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
804 programs for:
805 (i) historic preservation;
806 (ii) the diminution or elimination of a development impediment as defined in Section
807 17C-1-102; and
808 (iii) redevelopment of land, including housing sites, business and industrial sites, and
809 public building sites;
810 (d) an economic element composed of appropriate studies and forecasts, as well as an
811 economic development plan, which may include review of existing and projected municipal
812 revenue and expenditures, revenue sources, identification of basic and secondary industry,
813 primary and secondary market areas, employment, and retail sales activity;
814 (e) recommendations for implementing all or any portion of the general plan, including
815 the use of land use ordinances, capital improvement plans, community development and
816 promotion, and any other appropriate action;
817 (f) provisions addressing any of the matters listed in Subsection 10-9a-401(2) or (3);
818 and
819 (g) any other element the municipality considers appropriate.
820 Section 4. Section 10-9a-403.1 is enacted to read:
821 10-9a-403.1. Station area plan requirements -- Contents -- Review and
822 certification by applicable metropolitan planning organization.
823 (1) As used in this section:
824 (a) "Applicable metropolitan planning organization" means the metropolitan planning
825 organization that has jurisdiction over the area in which a fixed guideway public transit station
826 is located.
827 (b) "Applicable public transit district" means the public transit district, as defined in
828 Section 17B-2a-802, of which a fixed guideway public transit station is included.
829 (c) "Existing fixed guideway public transit station" means a fixed guideway public
830 transit station for which construction begins before June 1, 2022.
831 (d) "Fixed guideway" means the same as that term is defined in Section 59-12-102.
832 (e) "Metropolitan planning organization" means an organization established under 23
833 U.S.C. Sec. 134.
834 (f) "New fixed guideway public transit station" means a fixed guideway public transit
835 station for which construction begins on or after June 1, 2022.
836 (g) "Qualifying land use application" means a land use application:
837 (i) that involves land located within a station area for an existing public transit station
838 that provides rail services;
839 (ii) that involves land located within a station area for which the municipality has not
840 yet satisfied the requirements of Subsection (2)(a);
841 (iii) that proposes the development of an area greater than five contiguous acres;
842 (iv) that would require the municipality to amend the municipality's general plan or
843 change a zoning designation for the land use application to be approved;
844 (v) that would require a higher density than the density currently allowed by the
845 municipality;
846 (vi) that proposes the construction of new residential units, at least 10% of which are
847 dedicated to moderate income housing; and
848 (vii) for which the land use applicant requests the municipality to initiate the process of
849 satisfying the requirements of Subsection (2)(a) for the station area in which the development
850 is proposed, subject to Subsection (3)(d).
851 (h) (i) "Station area" means:
852 (A) for a fixed guideway public transit station that provides rail services, the area
853 within a one-half mile radius of the center of the fixed guideway public transit station platform;
854 or
855 (B) for a fixed guideway public transit station that provides bus services only, the area
856 within a one-fourth mile radius of the center of the fixed guideway public transit station
857 platform.
858 (ii) "Station area" includes any parcel bisected by the radius limitation described in
859 Subsection (1)(h)(i)(A) or (B).
860 (i) "Station area plan" means a plan that:
861 (i) establishes a vision, and the actions needed to implement that vision, for the
862 development of land within a station area; and
863 (ii) is developed and adopted in accordance with this section.
864 (2) (a) Subject to the requirements of this section, a municipality that has a fixed
865 guideway public transit station located within the municipality's boundaries shall, for the
866 station area:
867 (i) develop and adopt a station area plan; and
868 (ii) adopt any appropriate land use regulations to implement the station area plan.
869 (b) The requirements of Subsection (2)(a) shall be considered satisfied if:
870 (i) (A) the municipality has already taken actions to satisfy the requirements of
871 Subsection (2)(a) for a station area, including actions that involve public and stakeholder
872 engagement processes, market assessments, the creation of a station area vision, planning and
873 implementation activities, capital programs, the adoption of land use regulations, or other
874 similar actions; and
875 (B) the municipality adopts a resolution demonstrating the requirements of Subsection
876 (2)(a) have been satisfied; or
877 (ii) (A) the municipality has determined that conditions exist that make satisfying a
878 portion or all of the requirements of Subsection (2)(a) for a station area impracticable,
879 including conditions that relate to existing development, entitlements, land ownership, land
880 uses that make opportunities for new development and long-term redevelopment infeasible,
881 environmental limitations, market readiness, development impediment conditions, or other
882 similar conditions; and
883 (B) the municipality adopts a resolution describing the conditions that exist to make
884 satisfying the requirements of Subsection (2)(a) impracticable.
885 (c) To the extent that previous actions by a municipality do not satisfy the requirements
886 of Subsection (2)(a) for a station area, the municipality shall take the actions necessary to
887 satisfy those requirements.
888 (3) (a) A municipality that has a new fixed guideway public transit station located
889 within the municipality's boundaries shall satisfy the requirements of Subsection (2)(a) for the
890 station area surrounding the new fixed guideway public transit station before the new fixed
891 guideway public transit station begins transit services.
892 (b) Except as provided in Subsections (3)(c) and (d), a municipality that has an existing
893 fixed guideway public transit station located within the municipality's boundaries shall satisfy
894 the requirements of Subsection (2)(a) for the station area surrounding the existing fixed
895 guideway public transit station on or before December 31, 2025.
896 (c) If a municipality has more than four existing fixed guideway public transit stations
897 located within the municipality's boundaries, the municipality shall:
898 (i) on or before December 31, 2025, satisfy the requirements of Subsection (2)(a) for
899 four or more station areas located within the municipality; and
900 (ii) on or before December 31 of each year thereafter, satisfy the requirements of
901 Subsection (2)(a) for no less than two station areas located within the municipality until the
902 municipality has satisfied the requirements of Subsection (2)(a) for each station area located
903 within the municipality.
904 (d) (i) Subject to Subsection (3)(d)(ii):
905 (A) if a municipality receives a complete qualifying land use application on or before
906 July 1, 2022, the municipality shall satisfy the requirements of Subsection (2)(a) for the station
907 area in which the development is proposed on or before July 1, 2023; and
908 (B) if a municipality receives a complete qualifying land use application after July 1,
909 2022, the municipality shall satisfy the requirements of Subsection (2)(a) for the station area in
910 which the development is proposed within a 12-month period beginning on the first day of the
911 month immediately following the month in which the qualifying land use application is
912 submitted to the municipality.
913 (ii) (A) A municipality is not required to satisfy the requirements of Subsection (2)(a)
914 for more than two station areas under Subsection (3)(d)(i) within any 12-month period.
915 (B) If a municipality receives more than two complete qualifying land use applications
916 on or before July 1, 2022, the municipality shall select two station areas for which the
917 municipality will satisfy the requirements of Subsection (2)(a) in accordance with Subsection
918 (3)(d)(i)(A).
919 (iii) A municipality shall process on a first priority basis a land use application,
920 including an application for a building permit, if:
921 (A) the land use application is for a residential use within a station area for which the
922 municipality has not satisfied the requirements of Subsection (2)(a); and
923 (B) the municipality would be required to change a zoning designation for the land use
924 application to be approved.
925 (e) Notwithstanding Subsections (3)(a) through (d), the time period for satisfying the
926 requirements of Subsection (2)(a) for a station area may be extended once for a period of 12
927 months if:
928 (i) the municipality demonstrates to the applicable metropolitan planning organization
929 that conditions exist that make satisfying the requirements of Subsection (2)(a) within the
930 required time period infeasible, despite the municipality's good faith efforts; and
931 (ii) the applicable metropolitan planning organization certifies to the municipality in
932 writing that the municipality satisfied the demonstration in Subsection (3)(e)(i).
933 (4) (a) Except as provided in Subsection (4)(b), if a station area is included within the
934 boundaries of more than one municipality, each municipality with jurisdiction over the station
935 area shall satisfy the requirements of Subsection (2)(a) for the portion of the station area over
936 which the municipality has jurisdiction.
937 (b) Two or more municipalities with jurisdiction over a station area may coordinate to
938 develop a shared station area plan for the entire station area.
939 (5) A municipality that has more than one fixed guideway public transit station located
940 within the municipality may, through an integrated process, develop station area plans for
941 multiple station areas if the station areas are within close proximity of each other.
942 (6) (a) A municipality that is required to develop and adopt a station area plan under
943 this section may request technical assistance from the applicable metropolitan planning
944 organization.
945 (b) An applicable metropolitan planning organization that receives funds from the
946 Governor's Office of Economic Opportunity under Section 63N-3-113 shall, when utilizing the
947 funds, give priority consideration to requests for technical assistance for station area plans
948 required under Subsection (3)(d).
949 (7) (a) A station area plan shall promote the following objectives within the station
950 area:
951 (i) increasing the availability and affordability of housing, including moderate income
952 housing;
953 (ii) promoting sustainable environmental conditions;
954 (iii) enhancing access to opportunities; and
955 (iv) increasing transportation choices and connections.
956 (b) (i) To promote the objective described in Subsection (7)(a)(i), a municipality may
957 consider implementing the following actions:
958 (A) aligning the station area plan with the moderate income housing element of the
959 municipality's general plan;
960 (B) providing for densities necessary to facilitate the development of moderate income
961 housing;
962 (C) providing for affordable costs of living in connection with housing, transportation,
963 and parking; or
964 (D) any other similar action that promotes the objective described in Subsection
965 (7)(a)(i).
966 (ii) To promote the objective described in Subsection (7)(a)(ii), a municipality may
967 consider implementing the following actions:
968 (A) conserving water resources through efficient land use;
969 (B) improving air quality by reducing fuel consumption and motor vehicle trips;
970 (C) establishing parks, open spaces, and recreational opportunities; or
971 (D) any other similar action that promotes the objective described in Subsection
972 (7)(a)(ii).
973 (iii) To promote the objective described in Subsection (7)(a)(iii), a municipality may
974 consider the following actions:
975 (A) maintaining and improving the connections between housing, transit, employment,
976 education, recreation, and commerce;
977 (B) encouraging mixed-use development;
978 (C) enabling employment and educational opportunities within the station area;
979 (D) encouraging and promoting enhanced broadband connectivity; or
980 (E) any other similar action that promotes the objective described in Subsection
981 (7)(a)(iii).
982 (iv) To promote the objective described in Subsection (7)(a)(iv), a municipality may
983 consider the following:
984 (A) supporting investment in infrastructure for all modes of transportation;
985 (B) increasing utilization of public transit;
986 (C) encouraging safe streets through the designation of pedestrian walkways and
987 bicycle lanes;
988 (D) encouraging manageable and reliable traffic conditions;
989 (E) aligning the station area plan with the regional transportation plan of the applicable
990 metropolitan planning organization; or
991 (F) any other similar action that promotes the objective described in Subsection
992 (7)(a)(iv).
993 (8) A station area plan shall include the following components:
994 (a) a station area vision that:
995 (i) is consistent with Subsection (7); and
996 (ii) describes the following:
997 (A) opportunities for the development of land within the station area under existing
998 conditions;
999 (B) constraints on the development of land within the station area under existing
1000 conditions;
1001 (C) the municipality's objectives for the transportation system within the station area
1002 and the future transportation system that meets those objectives;
1003 (D) the municipality's objectives for land uses within the station area and the future
1004 land uses that meet those objectives;
1005 (E) the municipality's objectives for public and open spaces within the station area and
1006 the future public and open spaces that meet those objectives; and
1007 (F) the municipality's objectives for the development of land within the station area and
1008 the future development standards that meet those objectives;
1009 (b) a map that depicts:
1010 (i) the area within the municipality that is subject to the station area plan, provided that
1011 the station area plan may apply to areas outside of the station area; and
1012 (ii) the area where each action is needed to implement the station area plan;
1013 (c) an implementation plan that identifies and describes each action needed within the
1014 next five years to implement the station area plan, and the party responsible for taking each
1015 action, including any actions to:
1016 (i) modify land use regulations;
1017 (ii) make infrastructure improvements;
1018 (iii) modify deeds or other relevant legal documents;
1019 (iv) secure funding or develop funding strategies;
1020 (v) establish design standards for development within the station area; or
1021 (vi) provide environmental remediation;
1022 (d) a statement that explains how the station area plan promotes the objectives
1023 described in Subsection (7)(a); and
1024 (e) as an alternative or supplement to the requirements of Subsection (7) or (8), and for
1025 purposes of Subsection (2)(b)(ii), a statement that describes any conditions that would make
1026 the following impracticable:
1027 (i) promoting the objectives described in Subsection (7)(a); or
1028 (ii) satisfying the requirements of Subsection (8).
1029 (9) A municipality shall develop a station area plan with the involvement of all
1030 relevant stakeholders that have an interest in the station area through public outreach and
1031 community engagement, including:
1032 (a) other impacted communities;
1033 (b) the applicable public transit district;
1034 (c) the applicable metropolitan planning organization;
1035 (d) the Department of Transportation;
1036 (e) owners of property within the station area; and
1037 (f) the municipality's residents and business owners.
1038 (10) (a) A municipality that is required to develop and adopt a station area plan for a
1039 station area under this section shall submit to the applicable metropolitan planning organization
1040 and the applicable public transit district documentation evidencing that the municipality has
1041 satisfied the requirement of Subsection (2)(a)(i) for the station area, including:
1042 (i) a station area plan; or
1043 (ii) a resolution adopted under Subsection (2)(b)(i) or (ii).
1044 (b) The applicable metropolitan planning organization, in consultation with the
1045 applicable public transit district, shall:
1046 (i) review the documentation submitted under Subsection (10)(a) to determine the
1047 municipality's compliance with this section; and
1048 (ii) provide written certification to the municipality if the applicable metropolitan
1049 planning organization determines that the municipality has satisfied the requirement of
1050 Subsection (2)(a)(i) for the station area.
1051 (c) The municipality shall include the certification described in Subsection (10)(b)(ii)
1052 in the municipality's report to the Department of Workforce Services under Section 10-9a-408.
1053 Section 5. Section 10-9a-404 is amended to read:
1054 10-9a-404. Public hearing by planning commission on proposed general plan or
1055 amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
1056 by legislative body.
1057 (1) (a) After completing its recommendation for a proposed general plan, or proposal to
1058 amend the general plan, the planning commission shall schedule and hold a public hearing on
1059 the proposed plan or amendment.
1060 (b) The planning commission shall provide notice of the public hearing, as required by
1061 Section 10-9a-204.
1062 (c) After the public hearing, the planning commission may modify the proposed
1063 general plan or amendment.
1064 (2) The planning commission shall forward the proposed general plan or amendment to
1065 the legislative body.
1066 (3) (a) The legislative body may adopt, reject, or make any revisions to the proposed
1067 general plan or amendment that it considers appropriate.
1068 (b) If the municipal legislative body rejects the proposed general plan or amendment, it
1069 may provide suggestions to the planning commission for the planning commission's review and
1070 recommendation.
1071 (4) The legislative body shall adopt:
1072 (a) a land use element as provided in Subsection 10-9a-403(2)(a)(i);
1073 (b) a transportation and traffic circulation element as provided in Subsection
1074 10-9a-403(2)(a)(ii); and
1075 [
1076
1077
1078 (c) for a specified municipality as defined in Section 10-9a-408, a moderate income
1079 housing element as provided in Subsection 10-9a-403(2)(a)(iii).
1080 Section 6. Section 10-9a-408 is amended to read:
1081 10-9a-408. Moderate income housing report -- Contents -- Prioritization for
1082 funds or projects -- Ineligibility for funds after noncompliance -- Civil actions.
1083 [
1084
1085 [
1086
1087 [
1088 [
1089 [
1090 [
1091
1092 [
1093
1094
1095 [
1096 [
1097 [
1098 [
1099
1100
1101 [
1102
1103
1104 [
1105
1106
1107
1108
1109 (1) As used in this section:
1110 (a) "Division" means the Housing and Community Development Division within the
1111 Department of Workforce Services.
1112 (b) "Implementation plan" means the implementation plan adopted as part of the
1113 moderate income housing element of a specified municipality's general plan as provided in
1114 Subsection 10-9a-403(2)(c).
1115 (c) "Moderate income housing report" or "report" means the report described in
1116 Subsection (2)(a).
1117 (d) "Moderate income housing strategy" means a strategy described in Subsection
1118 10-9a-403(2)(b)(iii).
1119 (e) "Specified municipality" means:
1120 (i) a city of the first, second, third, or fourth class;
1121 (ii) a city of the fifth class with a population of 5,000 or more, if the city is located
1122 within a county of the first, second, or third class; or
1123 (iii) a metro township with a population of 5,000 or more.
1124 (2) (a) Beginning in 2022, on or before October 1 of each calendar year, the legislative
1125 body of a specified municipality shall annually submit a written moderate income housing
1126 report to the division.
1127 (b) The moderate income housing report submitted in 2022 shall include:
1128 (i) a description of each moderate income housing strategy selected by the specified
1129 municipality for implementation; and
1130 (ii) an implementation plan.
1131 (c) The moderate income housing report submitted in each calendar year after 2022
1132 shall include:
1133 (i) the information required under Subsection (2)(b);
1134 (ii) a description of each action, whether one-time or ongoing, taken by the specified
1135 municipality during the previous fiscal year to implement the moderate income housing
1136 strategies selected by the specified municipality for implementation;
1137 (iii) a description of each land use regulation or land use decision made by the
1138 specified municipality during the previous fiscal year to implement the moderate income
1139 housing strategies, including an explanation of how the land use regulation or land use decision
1140 supports the specified municipality's efforts to implement the moderate income housing
1141 strategies;
1142 (iv) a description of any barriers encountered by the specified municipality in the
1143 previous fiscal year in implementing the moderate income housing strategies;
1144 (v) information regarding the number of internal and external or detached accessory
1145 dwelling units located within the specified municipality for which the specified municipality:
1146 (A) issued a building permit to construct; or
1147 (B) issued a business license to rent;
1148 (vi) a description of how the market has responded to the selected moderate income
1149 housing strategies, including the number of entitled moderate income housing units or other
1150 relevant data; and
1151 (vii) any recommendations on how the state can support the specified municipality in
1152 implementing the moderate income housing strategies.
1153 (d) The moderate income housing report shall be in a form:
1154 (i) approved by the division; and
1155 (ii) made available by the division on or before July 1 of the year in which the report is
1156 required.
1157 (3) Within 90 days after the day on which the division receives a specified
1158 municipality's moderate income housing report, the division shall:
1159 (a) post the report on the division's website;
1160 (b) send a copy of the report to the Department of Transportation, the Governor's
1161 Office of Planning and Budget, the association of governments in which the specified
1162 municipality is located, and, if the specified municipality is located within the boundaries of a
1163 metropolitan planning organization, the appropriate metropolitan planning organization; and
1164 (c) subject to Subsection (4), review the report to determine compliance with
1165 Subsection (2).
1166 (4) (a) The report described in Subsection (2)(b) complies with Subsection (2) if the
1167 report:
1168 (i) includes the information required under Subsection (2)(b);
1169 (ii) demonstrates to the division that the specified municipality made plans to
1170 implement:
1171 (A) three or more moderate income housing strategies if the specified municipality
1172 does not have a fixed guideway public transit station; or
1173 (B) subject to Subsection 10-9a-403(2)(b)(iv), five or more moderate income housing
1174 strategies if the specified municipality has a fixed guideway public transit station; and
1175 (iii) is in a form approved by the division.
1176 (b) The report described in Subsection (2)(c) complies with Subsection (2) if the
1177 report:
1178 (i) includes the information required under Subsection (2)(c);
1179 (ii) demonstrates to the division that the specified municipality made plans to
1180 implement:
1181 (A) three or more moderate income housing strategies if the specified municipality
1182 does not have a fixed guideway public transit station; or
1183 (B) four or more moderate income housing strategies if the specified municipality has a
1184 fixed guideway public transit station;
1185 (iii) is in a form approved by the division; and
1186 (iv) provides sufficient information for the division to:
1187 (A) assess the specified municipality's progress in implementing the moderate income
1188 housing strategies;
1189 (B) monitor compliance with the specified municipality's implementation plan;
1190 (C) identify a clear correlation between the specified municipality's land use
1191 regulations and land use decisions and the specified municipality's efforts to implement the
1192 moderate income housing strategies; and
1193 (D) identify how the market has responded to the specified municipality's selected
1194 moderate income housing strategies.
1195 (5) (a) A specified municipality qualifies for priority consideration under this
1196 Subsection (5) if the specified municipality's moderate income housing report:
1197 (i) complies with Subsection (2); and
1198 (ii) demonstrates to the division that the specified municipality made plans to
1199 implement:
1200 (A) five or more moderate income housing strategies if the specified municipality does
1201 not have a fixed guideway public transit station; or
1202 (B) six or more moderate income housing strategies if the specified municipality has a
1203 fixed guideway public transit station.
1204 (b) The following apply to a specified municipality described in Subsection (5)(a)
1205 during the fiscal year immediately following the fiscal year in which the report is required:
1206 (i) the Transportation Commission may give priority consideration to transportation
1207 projects located within the boundaries of the specified municipality in accordance with
1208 Subsection 72-1-304(3)(c); and
1209 (ii) the Governor's Office of Planning and Budget may give priority consideration for
1210 awarding financial grants to the specified municipality under the COVID-19 Local Assistance
1211 Matching Grant Program in accordance with Subsection 63J-4-802(6).
1212 (c) Upon determining that a specified municipality qualifies for priority consideration
1213 under this Subsection (5), the division shall send a notice of prioritization to the legislative
1214 body of the specified municipality, the Department of Transportation, and the Governor's
1215 Office of Planning and Budget.
1216 (d) The notice described in Subsection (5)(c) shall:
1217 (i) name the specified municipality that qualifies for priority consideration;
1218 (ii) describe the funds or projects for which the specified municipality qualifies to
1219 receive priority consideration;
1220 (iii) specify the fiscal year during which the specified municipality qualifies for priority
1221 consideration; and
1222 (iv) state the basis for the division's determination that the specified municipality
1223 qualifies for priority consideration.
1224 (6) (a) If the division, after reviewing a specified municipality's moderate income
1225 housing report, determines that the report does not comply with Subsection (2), the division
1226 shall send a notice of noncompliance to the legislative body of the specified municipality.
1227 (b) The notice described in Subsection (6)(a) shall:
1228 (i) describe each deficiency in the report and the actions needed to cure each
1229 deficiency;
1230 (ii) state that the specified municipality has an opportunity to cure the deficiencies
1231 within 90 days after the day on which the notice is sent; and
1232 (iii) state that failure to cure the deficiencies within 90 days after the day on which the
1233 notice is sent will result in ineligibility for funds under Subsection (7).
1234 (7) (a) A specified municipality is ineligible for funds under this Subsection (7) if the
1235 specified municipality:
1236 (i) fails to submit a moderate income housing report to the division; or
1237 (ii) fails to cure the deficiencies in the specified municipality's moderate income
1238 housing report within 90 days after the day on which the division sent to the specified
1239 municipality a notice of noncompliance under Subsection (6).
1240 (b) The following apply to a specified municipality described in Subsection (7)(a)
1241 during the fiscal year immediately following the fiscal year in which the report is required:
1242 (i) the executive director of the Department of Transportation may not program funds
1243 from the Transportation Investment Fund of 2005, including the Transit Transportation
1244 Investment Fund, to projects located within the boundaries of the specified municipality in
1245 accordance with Subsection 72-2-124(5); and
1246 (ii) the Governor's Office of Planning and Budget may not award financial grants to the
1247 specified municipality under the COVID-19 Local Assistance Matching Grant Program in
1248 accordance with Subsection 63J-4-802(7).
1249 (c) Upon determining that a specified municipality is ineligible for funds under this
1250 Subsection (7), the division shall send a notice of ineligibility to the legislative body of the
1251 specified municipality, the Department of Transportation, and the Governor's Office of
1252 Planning and Budget.
1253 (d) The notice described in Subsection (7)(c) shall:
1254 (i) name the specified municipality that is ineligible for funds;
1255 (ii) describe the funds for which the specified municipality is ineligible to receive;
1256 (iii) specify the fiscal year during which the specified municipality is ineligible for
1257 funds; and
1258 (iv) state the basis for the division's determination that the specified municipality is
1259 ineligible for funds.
1260 [
1261 of Subsection 10-9a-404(4)(c), a plaintiff may not recover damages but may be awarded only
1262 injunctive or other equitable relief.
1263 Section 7. Section 10-9a-509 is amended to read:
1264 10-9a-509. Applicant's entitlement to land use application approval --
1265 Municipality's requirements and limitations -- Vesting upon submission of development
1266 plan and schedule.
1267 (1) (a) (i) An applicant who has submitted a complete land use application as described
1268 in Subsection (1)(c), including the payment of all application fees, is entitled to substantive
1269 review of the application under the land use regulations:
1270 (A) in effect on the date that the application is complete; and
1271 (B) applicable to the application or to the information shown on the application.
1272 (ii) An applicant is entitled to approval of a land use application if the application
1273 conforms to the requirements of the applicable land use regulations, land use decisions, and
1274 development standards in effect when the applicant submits a complete application and pays
1275 application fees, unless:
1276 (A) the land use authority, on the record, formally finds that a compelling,
1277 countervailing public interest would be jeopardized by approving the application and specifies
1278 the compelling, countervailing public interest in writing; or
1279 (B) in the manner provided by local ordinance and before the applicant submits the
1280 application, the municipality formally initiates proceedings to amend the municipality's land
1281 use regulations in a manner that would prohibit approval of the application as submitted.
1282 (b) The municipality shall process an application without regard to proceedings the
1283 municipality initiated to amend the municipality's ordinances as described in Subsection
1284 (1)(a)(ii)(B) if:
1285 (i) 180 days have passed since the municipality initiated the proceedings; and
1286 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
1287 application as submitted.
1288 (c) A land use application is considered submitted and complete when the applicant
1289 provides the application in a form that complies with the requirements of applicable ordinances
1290 and pays all applicable fees.
1291 (d) A subsequent incorporation of a municipality or a petition that proposes the
1292 incorporation of a municipality does not affect a land use application approved by a county in
1293 accordance with Section 17-27a-508.
1294 (e) The continuing validity of an approval of a land use application is conditioned upon
1295 the applicant proceeding after approval to implement the approval with reasonable diligence.
1296 (f) A municipality may not impose on an applicant who has submitted a complete
1297 application a requirement that is not expressed in:
1298 (i) this chapter;
1299 (ii) a municipal ordinance; or
1300 (iii) a municipal specification for public improvements applicable to a subdivision or
1301 development that is in effect on the date that the applicant submits an application.
1302 (g) A municipality may not impose on a holder of an issued land use permit or a final,
1303 unexpired subdivision plat a requirement that is not expressed:
1304 (i) in a land use permit;
1305 (ii) on the subdivision plat;
1306 (iii) in a document on which the land use permit or subdivision plat is based;
1307 (iv) in the written record evidencing approval of the land use permit or subdivision
1308 plat;
1309 (v) in this chapter; or
1310 (vi) in a municipal ordinance.
1311 (h) Except as provided in Subsection (1)(i), a municipality may not withhold issuance
1312 of a certificate of occupancy or acceptance of subdivision improvements because of an
1313 applicant's failure to comply with a requirement that is not expressed:
1314 (i) in the building permit or subdivision plat, documents on which the building permit
1315 or subdivision plat is based, or the written record evidencing approval of the land use permit or
1316 subdivision plat; or
1317 (ii) in this chapter or the municipality's ordinances.
1318 (i) A municipality may not unreasonably withhold issuance of a certificate of
1319 occupancy where an applicant has met all requirements essential for the public health, public
1320 safety, and general welfare of the occupants, in accordance with this chapter, unless:
1321 (i) the applicant and the municipality have agreed in a written document to the
1322 withholding of a certificate of occupancy; or
1323 (ii) the applicant has not provided a financial assurance for required and uncompleted
1324 landscaping or infrastructure improvements in accordance with an applicable ordinance that the
1325 legislative body adopts under this chapter.
1326 (2) A municipality is bound by the terms and standards of applicable land use
1327 regulations and shall comply with mandatory provisions of those regulations.
1328 (3) A municipality may not, as a condition of land use application approval, require a
1329 person filing a land use application to obtain documentation regarding a school district's
1330 willingness, capacity, or ability to serve the development proposed in the land use application.
1331 (4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day on
1332 which a subdivision plat is recorded, a municipality may not impose on a building permit
1333 applicant for a single-family dwelling located within the subdivision any land use regulation
1334 that is enacted within 10 years after the day on which the subdivision plat is recorded.
1335 (b) Subsection (4)(a) does not apply to any changes in the requirements of the
1336 applicable building code, health code, or fire code, or other similar regulations.
1337 (5) Upon a specified public agency's submission of a development plan and schedule as
1338 required in Subsection 10-9a-305(8) that complies with the requirements of that subsection, the
1339 specified public agency vests in the municipality's applicable land use maps, zoning map,
1340 hookup fees, impact fees, other applicable development fees, and land use regulations in effect
1341 on the date of submission.
1342 (6) (a) If sponsors of a referendum timely challenge a project in accordance with
1343 Subsection 20A-7-601[
1344 approval by delivering a written notice:
1345 (i) to the local clerk as defined in Section 20A-7-101; and
1346 (ii) no later than seven days after the day on which a petition for a referendum is
1347 determined sufficient under Subsection 20A-7-607(4).
1348 (b) Upon delivery of a written notice described in Subsection (6)(a) the following are
1349 rescinded and are of no further force or effect:
1350 (i) the relevant land use approval; and
1351 (ii) any land use regulation enacted specifically in relation to the land use approval.
1352 Section 8. Section 11-36a-202 is amended to read:
1353 11-36a-202. Prohibitions on impact fees.
1354 (1) A local political subdivision or private entity may not:
1355 (a) impose an impact fee to:
1356 (i) cure deficiencies in a public facility serving existing development;
1357 (ii) raise the established level of service of a public facility serving existing
1358 development; or
1359 (iii) recoup more than the local political subdivision's or private entity's costs actually
1360 incurred for excess capacity in an existing system improvement;
1361 (b) delay the construction of a school or charter school because of a dispute with the
1362 school or charter school over impact fees; or
1363 (c) impose or charge any other fees as a condition of development approval unless
1364 those fees are a reasonable charge for the service provided.
1365 (2) (a) Notwithstanding any other provision of this chapter, a political subdivision or
1366 private entity may not impose an impact fee:
1367 (i) on residential components of development to pay for a public safety facility that is a
1368 fire suppression vehicle;
1369 (ii) on a school district or charter school for a park, recreation facility, open space, or
1370 trail;
1371 (iii) on a school district or charter school unless:
1372 (A) the development resulting from the school district's or charter school's
1373 development activity directly results in a need for additional system improvements for which
1374 the impact fee is imposed; and
1375 (B) the impact fee is calculated to cover only the school district's or charter school's
1376 proportionate share of the cost of those additional system improvements;
1377 (iv) to the extent that the impact fee includes a component for a law enforcement
1378 facility, on development activity for:
1379 (A) the Utah National Guard;
1380 (B) the Utah Highway Patrol; or
1381 (C) a state institution of higher education that has its own police force; [
1382 (v) on development activity on the state fair park, as defined in Section 63H-6-102[
1383 or
1384 (vi) on development activity that consists of the construction of an internal accessory
1385 dwelling unit, as defined in Section 10-9a-530, within an existing primary dwelling.
1386 (b) (i) Notwithstanding any other provision of this chapter, a political subdivision or
1387 private entity may not impose an impact fee on development activity that consists of the
1388 construction of a school, whether by a school district or a charter school, if:
1389 (A) the school is intended to replace another school, whether on the same or a different
1390 parcel;
1391 (B) the new school creates no greater demand or need for public facilities than the
1392 school or school facilities, including any portable or modular classrooms that are on the site of
1393 the replaced school at the time that the new school is proposed; and
1394 (C) the new school and the school being replaced are both within the boundary of the
1395 local political subdivision or the jurisdiction of the private entity.
1396 (ii) If the imposition of an impact fee on a new school is not prohibited under
1397 Subsection (2)(b)(i) because the new school creates a greater demand or need for public
1398 facilities than the school being replaced, the impact fee shall be based only on the demand or
1399 need that the new school creates for public facilities that exceeds the demand or need that the
1400 school being replaced creates for those public facilities.
1401 (c) Notwithstanding any other provision of this chapter, a political subdivision or
1402 private entity may impose an impact fee for a road facility on the state only if and to the extent
1403 that:
1404 (i) the state's development causes an impact on the road facility; and
1405 (ii) the portion of the road facility related to an impact fee is not funded by the state or
1406 by the federal government.
1407 (3) Notwithstanding any other provision of this chapter, a local political subdivision
1408 may impose and collect impact fees on behalf of a school district if authorized by Section
1409 11-36a-206.
1410 Section 9. Section 11-59-203 is amended to read:
1411 11-59-203. Authority duties and responsibilities.
1412 (1) As the authority plans, manages, and implements the development of the point of
1413 the mountain state land, the authority shall pursue development strategies and objectives
1414 designed to:
1415 (a) maximize the creation of high-quality jobs and encourage and facilitate a highly
1416 trained workforce;
1417 (b) ensure strategic residential and commercial growth;
1418 (c) promote a high quality of life for residents on and surrounding the point of the
1419 mountain state land, including strategic planning to facilitate:
1420 (i) jobs close to where people live;
1421 (ii) vibrant urban centers;
1422 (iii) housing types that incorporate affordability factors and match workforce needs;
1423 (iv) parks, connected trails, and open space, including the preservation of natural lands
1424 to the extent practicable and consistent with the overall development plan; and
1425 (v) preserving and enhancing recreational opportunities;
1426 (d) complement the development on land in the vicinity of the point of the mountain
1427 state land;
1428 (e) improve air quality and minimize resource use; and
1429 (f) accommodate and incorporate the planning, funding, and development of an
1430 enhanced and expanded future transit and transportation infrastructure and other investments,
1431 including:
1432 (i) the acquisition of rights-of-way and property necessary to ensure transit access to
1433 the point of the mountain state land; and
1434 (ii) a world class mass transit infrastructure, to service the point of the mountain state
1435 land and to enhance mobility and protect the environment.
1436 (2) In planning the development of the point of the mountain state land, the authority
1437 shall:
1438 (a) consult with applicable governmental planning agencies, including:
1439 (i) relevant metropolitan planning organizations; [
1440 (ii) Draper City and Salt Lake County planning and governing bodies; and
1441 (iii) in regards to the factors described in Subsections (1)(c)(i) and (iii), the Unified
1442 Economic Opportunity Commission created in Section 63N-1a-201;
1443 (b) research and explore the feasibility of attracting a nationally recognized research
1444 center; and
1445 (c) research and explore the appropriateness of including labor training centers and a
1446 higher education presence on the point of the mountain state land.
1447 Section 10. Section 17-27a-103 is amended to read:
1448 17-27a-103. Definitions.
1449 As used in this chapter:
1450 (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
1451 detached from a primary single-family dwelling and contained on one lot.
1452 (2) "Adversely affected party" means a person other than a land use applicant who:
1453 (a) owns real property adjoining the property that is the subject of a land use
1454 application or land use decision; or
1455 (b) will suffer a damage different in kind than, or an injury distinct from, that of the
1456 general community as a result of the land use decision.
1457 (3) "Affected entity" means a county, municipality, local district, special service
1458 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
1459 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
1460 property owner, property owner's association, public utility, or the Utah Department of
1461 Transportation, if:
1462 (a) the entity's services or facilities are likely to require expansion or significant
1463 modification because of an intended use of land;
1464 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
1465 or
1466 (c) the entity has filed with the county a request for notice during the same calendar
1467 year and before the county provides notice to an affected entity in compliance with a
1468 requirement imposed under this chapter.
1469 (4) "Affected owner" means the owner of real property that is:
1470 (a) a single project;
1471 (b) the subject of a land use approval that sponsors of a referendum timely challenged
1472 in accordance with Subsection 20A-7-601[
1473 (c) determined to be legally referable under Section 20A-7-602.8.
1474 (5) "Appeal authority" means the person, board, commission, agency, or other body
1475 designated by ordinance to decide an appeal of a decision of a land use application or a
1476 variance.
1477 (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
1478 residential property if the sign is designed or intended to direct attention to a business, product,
1479 or service that is not sold, offered, or existing on the property where the sign is located.
1480 (7) (a) "Charter school" means:
1481 (i) an operating charter school;
1482 (ii) a charter school applicant that a charter school authorizer approves in accordance
1483 with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
1484 (iii) an entity that is working on behalf of a charter school or approved charter
1485 applicant to develop or construct a charter school building.
1486 (b) "Charter school" does not include a therapeutic school.
1487 (8) "Chief executive officer" means the person or body that exercises the executive
1488 powers of the county.
1489 (9) "Conditional use" means a land use that, because of the unique characteristics or
1490 potential impact of the land use on the county, surrounding neighbors, or adjacent land uses,
1491 may not be compatible in some areas or may be compatible only if certain conditions are
1492 required that mitigate or eliminate the detrimental impacts.
1493 (10) "Constitutional taking" means a governmental action that results in a taking of
1494 private property so that compensation to the owner of the property is required by the:
1495 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
1496 (b) Utah Constitution, Article I, Section 22.
1497 (11) "County utility easement" means an easement that:
1498 (a) a plat recorded in a county recorder's office described as a county utility easement
1499 or otherwise as a utility easement;
1500 (b) is not a protected utility easement or a public utility easement as defined in Section
1501 54-3-27;
1502 (c) the county or the county's affiliated governmental entity owns or creates; and
1503 (d) (i) either:
1504 (A) no person uses or occupies; or
1505 (B) the county or the county's affiliated governmental entity uses and occupies to
1506 provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or
1507 communications or data lines; or
1508 (ii) a person uses or occupies with or without an authorized franchise or other
1509 agreement with the county.
1510 (12) "Culinary water authority" means the department, agency, or public entity with
1511 responsibility to review and approve the feasibility of the culinary water system and sources for
1512 the subject property.
1513 (13) "Development activity" means:
1514 (a) any construction or expansion of a building, structure, or use that creates additional
1515 demand and need for public facilities;
1516 (b) any change in use of a building or structure that creates additional demand and need
1517 for public facilities; or
1518 (c) any change in the use of land that creates additional demand and need for public
1519 facilities.
1520 (14) (a) "Development agreement" means a written agreement or amendment to a
1521 written agreement between a county and one or more parties that regulates or controls the use
1522 or development of a specific area of land.
1523 (b) "Development agreement" does not include an improvement completion assurance.
1524 (15) (a) "Disability" means a physical or mental impairment that substantially limits
1525 one or more of a person's major life activities, including a person having a record of such an
1526 impairment or being regarded as having such an impairment.
1527 (b) "Disability" does not include current illegal use of, or addiction to, any federally
1528 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
1529 Sec. 802.
1530 (16) "Educational facility":
1531 (a) means:
1532 (i) a school district's building at which pupils assemble to receive instruction in a
1533 program for any combination of grades from preschool through grade 12, including
1534 kindergarten and a program for children with disabilities;
1535 (ii) a structure or facility:
1536 (A) located on the same property as a building described in Subsection (16)(a)(i); and
1537 (B) used in support of the use of that building; and
1538 (iii) a building to provide office and related space to a school district's administrative
1539 personnel; and
1540 (b) does not include:
1541 (i) land or a structure, including land or a structure for inventory storage, equipment
1542 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
1543 (A) not located on the same property as a building described in Subsection (16)(a)(i);
1544 and
1545 (B) used in support of the purposes of a building described in Subsection (16)(a)(i); or
1546 (ii) a therapeutic school.
1547 (17) "Fire authority" means the department, agency, or public entity with responsibility
1548 to review and approve the feasibility of fire protection and suppression services for the subject
1549 property.
1550 (18) "Flood plain" means land that:
1551 (a) is within the 100-year flood plain designated by the Federal Emergency
1552 Management Agency; or
1553 (b) has not been studied or designated by the Federal Emergency Management Agency
1554 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
1555 the land has characteristics that are similar to those of a 100-year flood plain designated by the
1556 Federal Emergency Management Agency.
1557 (19) "Gas corporation" has the same meaning as defined in Section 54-2-1.
1558 (20) "General plan" means a document that a county adopts that sets forth general
1559 guidelines for proposed future development of:
1560 (a) the unincorporated land within the county; or
1561 (b) for a mountainous planning district, the land within the mountainous planning
1562 district.
1563 (21) "Geologic hazard" means:
1564 (a) a surface fault rupture;
1565 (b) shallow groundwater;
1566 (c) liquefaction;
1567 (d) a landslide;
1568 (e) a debris flow;
1569 (f) unstable soil;
1570 (g) a rock fall; or
1571 (h) any other geologic condition that presents a risk:
1572 (i) to life;
1573 (ii) of substantial loss of real property; or
1574 (iii) of substantial damage to real property.
1575 (22) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
1576 meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
1577 system.
1578 (23) "Identical plans" means building plans submitted to a county that:
1579 (a) are clearly marked as "identical plans";
1580 (b) are substantially identical building plans that were previously submitted to and
1581 reviewed and approved by the county; and
1582 (c) describe a building that:
1583 (i) is located on land zoned the same as the land on which the building described in the
1584 previously approved plans is located;
1585 (ii) is subject to the same geological and meteorological conditions and the same law
1586 as the building described in the previously approved plans;
1587 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
1588 and approved by the county; and
1589 (iv) does not require any additional engineering or analysis.
1590 (24) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
1591 Impact Fees Act.
1592 (25) "Improvement completion assurance" means a surety bond, letter of credit,
1593 financial institution bond, cash, assignment of rights, lien, or other equivalent security required
1594 by a county to guaranty the proper completion of landscaping or an infrastructure improvement
1595 required as a condition precedent to:
1596 (a) recording a subdivision plat; or
1597 (b) development of a commercial, industrial, mixed use, or multifamily project.
1598 (26) "Improvement warranty" means an applicant's unconditional warranty that the
1599 applicant's installed and accepted landscaping or infrastructure improvement:
1600 (a) complies with the county's written standards for design, materials, and
1601 workmanship; and
1602 (b) will not fail in any material respect, as a result of poor workmanship or materials,
1603 within the improvement warranty period.
1604 (27) "Improvement warranty period" means a period:
1605 (a) no later than one year after a county's acceptance of required landscaping; or
1606 (b) no later than one year after a county's acceptance of required infrastructure, unless
1607 the county:
1608 (i) determines for good cause that a one-year period would be inadequate to protect the
1609 public health, safety, and welfare; and
1610 (ii) has substantial evidence, on record:
1611 (A) of prior poor performance by the applicant; or
1612 (B) that the area upon which the infrastructure will be constructed contains suspect soil
1613 and the county has not otherwise required the applicant to mitigate the suspect soil.
1614 (28) "Infrastructure improvement" means permanent infrastructure that is essential for
1615 the public health and safety or that:
1616 (a) is required for human consumption; and
1617 (b) an applicant must install:
1618 (i) in accordance with published installation and inspection specifications for public
1619 improvements; and
1620 (ii) as a condition of:
1621 (A) recording a subdivision plat;
1622 (B) obtaining a building permit; or
1623 (C) developing a commercial, industrial, mixed use, condominium, or multifamily
1624 project.
1625 (29) "Internal lot restriction" means a platted note, platted demarcation, or platted
1626 designation that:
1627 (a) runs with the land; and
1628 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
1629 the plat; or
1630 (ii) designates a development condition that is enclosed within the perimeter of a lot
1631 described on the plat.
1632 (30) "Interstate pipeline company" means a person or entity engaged in natural gas
1633 transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
1634 the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1635 (31) "Intrastate pipeline company" means a person or entity engaged in natural gas
1636 transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
1637 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1638 (32) "Land use applicant" means a property owner, or the property owner's designee,
1639 who submits a land use application regarding the property owner's land.
1640 (33) "Land use application":
1641 (a) means an application that is:
1642 (i) required by a county; and
1643 (ii) submitted by a land use applicant to obtain a land use decision; and
1644 (b) does not mean an application to enact, amend, or repeal a land use regulation.
1645 (34) "Land use authority" means:
1646 (a) a person, board, commission, agency, or body, including the local legislative body,
1647 designated by the local legislative body to act upon a land use application; or
1648 (b) if the local legislative body has not designated a person, board, commission,
1649 agency, or body, the local legislative body.
1650 (35) "Land use decision" means an administrative decision of a land use authority or
1651 appeal authority regarding:
1652 (a) a land use permit;
1653 (b) a land use application; or
1654 (c) the enforcement of a land use regulation, land use permit, or development
1655 agreement.
1656 (36) "Land use permit" means a permit issued by a land use authority.
1657 (37) "Land use regulation":
1658 (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
1659 specification, fee, or rule that governs the use or development of land;
1660 (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
1661 and
1662 (c) does not include:
1663 (i) a land use decision of the legislative body acting as the land use authority, even if
1664 the decision is expressed in a resolution or ordinance; or
1665 (ii) a temporary revision to an engineering specification that does not materially:
1666 (A) increase a land use applicant's cost of development compared to the existing
1667 specification; or
1668 (B) impact a land use applicant's use of land.
1669 (38) "Legislative body" means the county legislative body, or for a county that has
1670 adopted an alternative form of government, the body exercising legislative powers.
1671 (39) "Local district" means any entity under Title 17B, Limited Purpose Local
1672 Government Entities - Local Districts, and any other governmental or quasi-governmental
1673 entity that is not a county, municipality, school district, or the state.
1674 (40) "Lot" means a tract of land, regardless of any label, that is created by and shown
1675 on a subdivision plat that has been recorded in the office of the county recorder.
1676 (41) (a) "Lot line adjustment" means a relocation of a lot line boundary between
1677 adjoining lots or between a lot and adjoining parcels in accordance with Section 17-27a-608:
1678 (i) whether or not the lots are located in the same subdivision; and
1679 (ii) with the consent of the owners of record.
1680 (b) "Lot line adjustment" does not mean a new boundary line that:
1681 (i) creates an additional lot; or
1682 (ii) constitutes a subdivision.
1683 (c) "Lot line adjustment" does not include a boundary line adjustment made by the
1684 Department of Transportation.
1685 (42) "Major transit investment corridor" means public transit service that uses or
1686 occupies:
1687 (a) public transit rail right-of-way;
1688 (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
1689 or
1690 (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
1691 municipality or county and:
1692 (i) a public transit district as defined in Section 17B-2a-802; or
1693 (ii) an eligible political subdivision as defined in Section 59-12-2219.
1694 (43) "Moderate income housing" means housing occupied or reserved for occupancy
1695 by households with a gross household income equal to or less than 80% of the median gross
1696 income for households of the same size in the county in which the housing is located.
1697 (44) "Mountainous planning district" means an area designated by a county legislative
1698 body in accordance with Section 17-27a-901.
1699 (45) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
1700 and expenses incurred in:
1701 (a) verifying that building plans are identical plans; and
1702 (b) reviewing and approving those minor aspects of identical plans that differ from the
1703 previously reviewed and approved building plans.
1704 (46) "Noncomplying structure" means a structure that:
1705 (a) legally existed before the structure's current land use designation; and
1706 (b) because of one or more subsequent land use ordinance changes, does not conform
1707 to the setback, height restrictions, or other regulations, excluding those regulations that govern
1708 the use of land.
1709 (47) "Nonconforming use" means a use of land that:
1710 (a) legally existed before the current land use designation;
1711 (b) has been maintained continuously since the time the land use ordinance regulation
1712 governing the land changed; and
1713 (c) because of one or more subsequent land use ordinance changes, does not conform
1714 to the regulations that now govern the use of the land.
1715 (48) "Official map" means a map drawn by county authorities and recorded in the
1716 county recorder's office that:
1717 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1718 highways and other transportation facilities;
1719 (b) provides a basis for restricting development in designated rights-of-way or between
1720 designated setbacks to allow the government authorities time to purchase or otherwise reserve
1721 the land; and
1722 (c) has been adopted as an element of the county's general plan.
1723 (49) "Parcel" means any real property that is not a lot.
1724 (50) (a) "Parcel boundary adjustment" means a recorded agreement between owners of
1725 adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
1726 agreement in accordance with Section 17-27a-523, if no additional parcel is created and:
1727 (i) none of the property identified in the agreement is a lot; or
1728 (ii) the adjustment is to the boundaries of a single person's parcels.
1729 (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
1730 line that:
1731 (i) creates an additional parcel; or
1732 (ii) constitutes a subdivision.
1733 (c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
1734 the Department of Transportation.
1735 (51) "Person" means an individual, corporation, partnership, organization, association,
1736 trust, governmental agency, or any other legal entity.
1737 (52) "Plan for moderate income housing" means a written document adopted by a
1738 county legislative body that includes:
1739 (a) an estimate of the existing supply of moderate income housing located within the
1740 county;
1741 (b) an estimate of the need for moderate income housing in the county for the next five
1742 years;
1743 (c) a survey of total residential land use;
1744 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
1745 income housing; and
1746 (e) a description of the county's program to encourage an adequate supply of moderate
1747 income housing.
1748 (53) "Planning advisory area" means a contiguous, geographically defined portion of
1749 the unincorporated area of a county established under this part with planning and zoning
1750 functions as exercised through the planning advisory area planning commission, as provided in
1751 this chapter, but with no legal or political identity separate from the county and no taxing
1752 authority.
1753 (54) "Plat" means an instrument subdividing property into lots as depicted on a map or
1754 other graphical representation of lands that a licensed professional land surveyor makes and
1755 prepares in accordance with Section 17-27a-603 or 57-8-13.
1756 (55) "Potential geologic hazard area" means an area that:
1757 (a) is designated by a Utah Geological Survey map, county geologist map, or other
1758 relevant map or report as needing further study to determine the area's potential for geologic
1759 hazard; or
1760 (b) has not been studied by the Utah Geological Survey or a county geologist but
1761 presents the potential of geologic hazard because the area has characteristics similar to those of
1762 a designated geologic hazard area.
1763 (56) "Public agency" means:
1764 (a) the federal government;
1765 (b) the state;
1766 (c) a county, municipality, school district, local district, special service district, or other
1767 political subdivision of the state; or
1768 (d) a charter school.
1769 (57) "Public hearing" means a hearing at which members of the public are provided a
1770 reasonable opportunity to comment on the subject of the hearing.
1771 (58) "Public meeting" means a meeting that is required to be open to the public under
1772 Title 52, Chapter 4, Open and Public Meetings Act.
1773 (59) "Public street" means a public right-of-way, including a public highway, public
1774 avenue, public boulevard, public parkway, public road, public lane, public alley, public
1775 viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
1776 easement, or other public way.
1777 (60) "Receiving zone" means an unincorporated area of a county that the county
1778 designates, by ordinance, as an area in which an owner of land may receive a transferable
1779 development right.
1780 (61) "Record of survey map" means a map of a survey of land prepared in accordance
1781 with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
1782 (62) "Residential facility for persons with a disability" means a residence:
1783 (a) in which more than one person with a disability resides; and
1784 (b) (i) which is licensed or certified by the Department of Human Services under Title
1785 62A, Chapter 2, Licensure of Programs and Facilities; or
1786 (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
1787 21, Health Care Facility Licensing and Inspection Act.
1788 (63) "Rules of order and procedure" means a set of rules that govern and prescribe in a
1789 public meeting:
1790 (a) parliamentary order and procedure;
1791 (b) ethical behavior; and
1792 (c) civil discourse.
1793 (64) "Sanitary sewer authority" means the department, agency, or public entity with
1794 responsibility to review and approve the feasibility of sanitary sewer services or onsite
1795 wastewater systems.
1796 (65) "Sending zone" means an unincorporated area of a county that the county
1797 designates, by ordinance, as an area from which an owner of land may transfer a transferable
1798 development right.
1799 (66) "Site plan" means a document or map that may be required by a county during a
1800 preliminary review preceding the issuance of a building permit to demonstrate that an owner's
1801 or developer's proposed development activity meets a land use requirement.
1802 (67) "Specified public agency" means:
1803 (a) the state;
1804 (b) a school district; or
1805 (c) a charter school.
1806 (68) "Specified public utility" means an electrical corporation, gas corporation, or
1807 telephone corporation, as those terms are defined in Section 54-2-1.
1808 (69) "State" includes any department, division, or agency of the state.
1809 (70) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
1810 divided into two or more lots or other division of land for the purpose, whether immediate or
1811 future, for offer, sale, lease, or development either on the installment plan or upon any and all
1812 other plans, terms, and conditions.
1813 (b) "Subdivision" includes:
1814 (i) the division or development of land, whether by deed, metes and bounds
1815 description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
1816 the division includes all or a portion of a parcel or lot; and
1817 (ii) except as provided in Subsection (70)(c), divisions of land for residential and
1818 nonresidential uses, including land used or to be used for commercial, agricultural, and
1819 industrial purposes.
1820 (c) "Subdivision" does not include:
1821 (i) a bona fide division or partition of agricultural land for agricultural purposes;
1822 (ii) a boundary line agreement recorded with the county recorder's office between
1823 owners of adjoining parcels adjusting the mutual boundary in accordance with Section
1824 17-27a-523 if no new lot is created;
1825 (iii) a recorded document, executed by the owner of record:
1826 (A) revising the legal descriptions of multiple parcels into one legal description
1827 encompassing all such parcels; or
1828 (B) joining a lot to a parcel;
1829 (iv) a bona fide division or partition of land in a county other than a first class county
1830 for the purpose of siting, on one or more of the resulting separate parcels:
1831 (A) an electrical transmission line or a substation;
1832 (B) a natural gas pipeline or a regulation station; or
1833 (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1834 utility service regeneration, transformation, retransmission, or amplification facility;
1835 (v) a boundary line agreement between owners of adjoining subdivided properties
1836 adjusting the mutual lot line boundary in accordance with Sections 17-27a-523 and 17-27a-608
1837 if:
1838 (A) no new dwelling lot or housing unit will result from the adjustment; and
1839 (B) the adjustment will not violate any applicable land use ordinance;
1840 (vi) a bona fide division of land by deed or other instrument if the deed or other
1841 instrument states in writing that the division:
1842 (A) is in anticipation of future land use approvals on the parcel or parcels;
1843 (B) does not confer any land use approvals; and
1844 (C) has not been approved by the land use authority;
1845 (vii) a parcel boundary adjustment;
1846 (viii) a lot line adjustment;
1847 (ix) a road, street, or highway dedication plat;
1848 (x) a deed or easement for a road, street, or highway purpose; or
1849 (xi) any other division of land authorized by law.
1850 (71) "Subdivision amendment" means an amendment to a recorded subdivision in
1851 accordance with Section 17-27a-608 that:
1852 (a) vacates all or a portion of the subdivision;
1853 (b) alters the outside boundary of the subdivision;
1854 (c) changes the number of lots within the subdivision;
1855 (d) alters a public right-of-way, a public easement, or public infrastructure within the
1856 subdivision; or
1857 (e) alters a common area or other common amenity within the subdivision.
1858 (72) "Substantial evidence" means evidence that:
1859 (a) is beyond a scintilla; and
1860 (b) a reasonable mind would accept as adequate to support a conclusion.
1861 (73) "Suspect soil" means soil that has:
1862 (a) a high susceptibility for volumetric change, typically clay rich, having more than a
1863 3% swell potential;
1864 (b) bedrock units with high shrink or swell susceptibility; or
1865 (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
1866 commonly associated with dissolution and collapse features.
1867 (74) "Therapeutic school" means a residential group living facility:
1868 (a) for four or more individuals who are not related to:
1869 (i) the owner of the facility; or
1870 (ii) the primary service provider of the facility;
1871 (b) that serves students who have a history of failing to function:
1872 (i) at home;
1873 (ii) in a public school; or
1874 (iii) in a nonresidential private school; and
1875 (c) that offers:
1876 (i) room and board; and
1877 (ii) an academic education integrated with:
1878 (A) specialized structure and supervision; or
1879 (B) services or treatment related to a disability, an emotional development, a
1880 behavioral development, a familial development, or a social development.
1881 (75) "Transferable development right" means a right to develop and use land that
1882 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
1883 land use rights from a designated sending zone to a designated receiving zone.
1884 (76) "Unincorporated" means the area outside of the incorporated area of a
1885 municipality.
1886 (77) "Water interest" means any right to the beneficial use of water, including:
1887 (a) each of the rights listed in Section 73-1-11; and
1888 (b) an ownership interest in the right to the beneficial use of water represented by:
1889 (i) a contract; or
1890 (ii) a share in a water company, as defined in Section 73-3-3.5.
1891 (78) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
1892 land use zones, overlays, or districts.
1893 Section 11. Section 17-27a-401 is amended to read:
1894 17-27a-401. General plan required -- Content -- Resource management plan --
1895 Provisions related to radioactive waste facility.
1896 (1) To accomplish the purposes of this chapter, each county shall prepare and adopt a
1897 comprehensive, long-range general plan:
1898 (a) for present and future needs of the county;
1899 (b) (i) for growth and development of all or any part of the land within the
1900 unincorporated portions of the county; or
1901 (ii) if a county has designated a mountainous planning district, for growth and
1902 development of all or any part of the land within the mountainous planning district; and
1903 (c) as a basis for communicating and coordinating with the federal government on land
1904 and resource management issues.
1905 (2) To promote health, safety, and welfare, the general plan may provide for:
1906 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
1907 activities, aesthetics, and recreational, educational, and cultural opportunities;
1908 (b) the reduction of the waste of physical, financial, or human resources that result
1909 from either excessive congestion or excessive scattering of population;
1910 (c) the efficient and economical use, conservation, and production of the supply of:
1911 (i) food and water; and
1912 (ii) drainage, sanitary, and other facilities and resources;
1913 (d) the use of energy conservation and solar and renewable energy resources;
1914 (e) the protection of urban development;
1915 (f) the protection and promotion of air quality;
1916 (g) historic preservation;
1917 (h) identifying future uses of land that are likely to require an expansion or significant
1918 modification of services or facilities provided by each affected entity; and
1919 (i) an official map.
1920 [
1921 [
1922 (3) (a) (i) The general plan of a specified county, as defined in Section 17-27a-408,
1923 shall include a moderate income housing element that meets the requirements of Subsection
1924 17-27a-403(2)(a)(iii).
1925 [
1926
1927 [
1928 defined in Section 17-27a-408, with a general plan that does not comply with Subsection
1929 (3)(a)(i) shall amend the general plan to comply with Subsection (3)(a)(i).
1930 (b) The general plan shall contain a resource management plan for the public lands, as
1931 defined in Section 63L-6-102, within the county.
1932 (c) The resource management plan described in Subsection [
1933 address:
1934 (i) mining;
1935 (ii) land use;
1936 (iii) livestock and grazing;
1937 (iv) irrigation;
1938 (v) agriculture;
1939 (vi) fire management;
1940 (vii) noxious weeds;
1941 (viii) forest management;
1942 (ix) water rights;
1943 (x) ditches and canals;
1944 (xi) water quality and hydrology;
1945 (xii) flood plains and river terraces;
1946 (xiii) wetlands;
1947 (xiv) riparian areas;
1948 (xv) predator control;
1949 (xvi) wildlife;
1950 (xvii) fisheries;
1951 (xviii) recreation and tourism;
1952 (xix) energy resources;
1953 (xx) mineral resources;
1954 (xxi) cultural, historical, geological, and paleontological resources;
1955 (xxii) wilderness;
1956 (xxiii) wild and scenic rivers;
1957 (xxiv) threatened, endangered, and sensitive species;
1958 (xxv) land access;
1959 (xxvi) law enforcement;
1960 (xxvii) economic considerations; and
1961 (xxviii) air.
1962 (d) For each item listed under Subsection (3)(c), a county's resource management plan
1963 shall:
1964 (i) establish findings pertaining to the item;
1965 (ii) establish defined objectives; and
1966 (iii) outline general policies and guidelines on how the objectives described in
1967 Subsection (3)(d)(ii) are to be accomplished.
1968 (4) (a) (i) The general plan shall include specific provisions related to any areas within,
1969 or partially within, the exterior boundaries of the county, or contiguous to the boundaries of a
1970 county, which are proposed for the siting of a storage facility or transfer facility for the
1971 placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as
1972 these wastes are defined in Section 19-3-303.
1973 (ii) The provisions described in Subsection (4)(a)(i) shall address the effects of the
1974 proposed site upon the health and general welfare of citizens of the state, and shall provide:
1975 [
1976 [
1977 provisions of Subsection 19-3-307(2) have been satisfied; and
1978 [
1979 greater than class C radioactive waste and guarantee the health and safety of the citizens of the
1980 state.
1981 (b) A county may, in lieu of complying with Subsection (4)(a), adopt an ordinance
1982 indicating that all proposals for the siting of a storage facility or transfer facility for the
1983 placement of high-level nuclear waste or greater than class C radioactive waste wholly or
1984 partially within the county are rejected.
1985 (c) A county may adopt the ordinance listed in Subsection (4)(b) at any time.
1986 (d) The county shall send a certified copy of the ordinance described in Subsection
1987 (4)(b) to the executive director of the Department of Environmental Quality by certified mail
1988 within 30 days of enactment.
1989 (e) If a county repeals an ordinance adopted under Subsection (4)(b) the county shall:
1990 (i) comply with Subsection (4)(a) as soon as reasonably possible; and
1991 (ii) send a certified copy of the repeal to the executive director of the Department of
1992 Environmental Quality by certified mail within 30 days after the repeal.
1993 (5) The general plan may define the county's local customs, local culture, and the
1994 components necessary for the county's economic stability.
1995 (6) Subject to Subsection 17-27a-403(2), the county may determine the
1996 comprehensiveness, extent, and format of the general plan.
1997 (7) If a county has designated a mountainous planning district, the general plan for the
1998 mountainous planning district is the controlling plan.
1999 (8) Nothing in this part may be construed to limit the authority of the state to manage
2000 and protect wildlife under Title 23, Wildlife Resources Code of Utah.
2001 Section 12. Section 17-27a-403 is amended to read:
2002 17-27a-403. Plan preparation.
2003 (1) (a) The planning commission shall provide notice, as provided in Section
2004 17-27a-203, of [
2005 legislative body for a general plan or a comprehensive general plan amendment when the
2006 planning commission initiates the process of preparing [
2007 recommendation.
2008 (b) The planning commission shall make and recommend to the legislative body a
2009 proposed general plan for:
2010 (i) the unincorporated area within the county; or
2011 (ii) if the planning commission is a planning commission for a mountainous planning
2012 district, the mountainous planning district.
2013 (c) (i) The plan may include planning for incorporated areas if, in the planning
2014 commission's judgment, they are related to the planning of the unincorporated territory or of
2015 the county as a whole.
2016 (ii) Elements of the county plan that address incorporated areas are not an official plan
2017 or part of a municipal plan for any municipality, unless the county plan is recommended by the
2018 municipal planning commission and adopted by the governing body of the municipality.
2019 (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
2020 and descriptive and explanatory matter, shall include the planning commission's
2021 recommendations for the following plan elements:
2022 (i) a land use element that:
2023 (A) designates the long-term goals and the proposed extent, general distribution, and
2024 location of land for housing for residents of various income levels, business, industry,
2025 agriculture, recreation, education, public buildings and grounds, open space, and other
2026 categories of public and private uses of land as appropriate; and
2027 (B) [
2028 population density and building intensity recommended for the various land use categories
2029 covered by the plan;
2030 (ii) a transportation and traffic circulation element that:
2031 (A) provides the general location and extent of existing and proposed freeways, arterial
2032 and collector streets, public transit, active transportation facilities, and other modes of
2033 transportation that the planning commission considers appropriate;
2034 (B) addresses the county's plan for residential and commercial development around
2035 major transit investment corridors to maintain and improve the connections between housing,
2036 employment, education, recreation, and commerce; and
2037 (C) correlates with the population projections, the employment projections, and the
2038 proposed land use element of the general plan;
2039 [
2040
2041
2042 (iii) for a specified county as defined in Section 17-27a-408, a moderate income
2043 housing element that:
2044 (A) provides a realistic opportunity to meet the need for additional moderate income
2045 housing within the next five years;
2046 (B) selects three or more moderate income housing strategies described in Subsection
2047 (2)(b)(ii) for implementation; and
2048 (C) includes an implementation plan as provided in Subsection (2)(e); and
2049 (iv) [
2050 objectives, and policies required by Subsection 17-27a-401(3).
2051 (b) In drafting the moderate income housing element, the planning commission:
2052 (i) shall consider the Legislature's determination that counties should facilitate a
2053 reasonable opportunity for a variety of housing, including moderate income housing:
2054 (A) to meet the needs of people of various income levels living, working, or desiring to
2055 live or work in the community; and
2056 (B) to allow people with various incomes to benefit from and fully participate in all
2057 aspects of neighborhood and community life; and
2058 (ii) shall include an analysis of how the county will provide a realistic opportunity for
2059 the development of moderate income housing within the planning horizon, [
2060
2061 income housing strategies:
2062 (A) rezone for densities necessary to [
2063 income housing;
2064 (B) [
2065 infrastructure that [
2066 (C) [
2067 housing stock into moderate income housing;
2068 (D) [
2069 revenue to waive construction related fees that are otherwise generally imposed by the county
2070 for the construction or rehabilitation of moderate income housing;
2071 (E) create or allow for, and reduce regulations related to, internal or detached accessory
2072 dwelling units in residential zones;
2073 (F) [
2074 development in commercial [
2075 centers;
2076 (G) [
2077 moderate income residential development in commercial or mixed-use zones near major transit
2078 investment corridors;
2079 (H) amend land use regulations to eliminate or reduce parking requirements for
2080 residential development where a resident is less likely to rely on the resident's own vehicle,
2081 such as residential development near major transit investment corridors or senior living
2082 facilities;
2083 (I) amend land use regulations to allow for single room occupancy developments;
2084 (J) implement zoning incentives for [
2085 developments;
2086 [
2087
2088 [
2089 utilizing a landlord incentive program, providing for deed restricted units through a grant
2090 program, or establishing a housing loss mitigation fund;
2091 [
2092 related to [
2093 [
2094 trust program for [
2095 [
2096
2097 that operates within the county;
2098 [
2099 incentives to promote the construction of moderate income housing, an entity that applies for
2100 programs offered by the Utah Housing Corporation within that agency's funding capacity, an
2101 entity that applies for affordable housing programs administered by the Department of
2102 Workforce Services, an entity that applies for services provided by a public housing authority
2103 to preserve and create moderate income housing, or any other entity that applies for programs
2104 or services that promote the construction or preservation of moderate income housing;
2105 [
2106
2107 [
2108
2109 [
2110
2111 [
2112
2113
2114 [
2115 community reinvestment agency, redevelopment agency, or community development and
2116 renewal agency to create or subsidize moderate income housing; [
2117 (Q) create a housing and transit reinvestment zone pursuant to Title 63N, Chapter 3,
2118 Part 6, Housing and Transit Reinvestment Zone Act;
2119 (R) eliminate impact fees for any accessory dwelling unit that is not an internal
2120 accessory dwelling unit as defined in Section 10-9a-530;
2121 (S) create a program to transfer development rights for moderate income housing;
2122 (T) ratify a joint acquisition agreement with another local political subdivision for the
2123 purpose of combining resources to acquire property for moderate income housing;
2124 (U) develop a moderate income housing project for residents who are disabled or 55
2125 years old or older;
2126 (V) create or allow for, and reduce regulations related to, multifamily residential
2127 dwellings compatible in scale and form with detached single-family residential dwellings and
2128 located in walkable communities within residential or mixed-use zones; and
2129 [
2130 [
2131 less than 80% of the area median income, including the dedication of a local funding source to
2132 moderate income housing or the adoption of a land use ordinance that requires 10% or more of
2133 new residential development in a residential zone be dedicated to moderate income housing.
2134 (iii) If a specified county, as defined in Section 17-27a-408, has created a small public
2135 transit district, as defined in Section 17B-2a-802, on or before January 1, 2022, the specified
2136 county shall include as part of the specified county's recommended strategies under Subsection
2137 (2)(b)(ii) a recommendation to implement the strategy described in Subsection (2)(b)(ii)(Q).
2138 (c) In drafting the land use element, the planning commission shall:
2139 (i) identify and consider each agriculture protection area within the unincorporated area
2140 of the county or mountainous planning district; [
2141 (ii) avoid proposing a use of land within an agriculture protection area that is
2142 inconsistent with or detrimental to the use of the land for agriculture[
2143 (iii) consider and coordinate with any station area plans adopted by municipalities
2144 located within the county under Section 10-9a-403.1.
2145 (d) In drafting the transportation and traffic circulation element, the planning
2146 commission shall:
2147 (i) (A) consider and coordinate with the regional transportation plan developed by [
2148 the region's metropolitan planning organization, if the relevant areas of the county are within
2149 the boundaries of a metropolitan planning organization; or
2150 [
2151 the Department of Transportation, if the relevant areas of the county are not within the
2152 boundaries of a metropolitan planning organization[
2153 (ii) consider and coordinate with any station area plans adopted by municipalities
2154 located within the county under Section 10-9a-403.1.
2155 (e) (i) In drafting the implementation plan portion of the moderate income housing
2156 element as described in Subsection (2)(a)(iii)(C), the planning commission shall establish a
2157 timeline for implementing each of the moderate income housing strategies selected by the
2158 county for implementation.
2159 (ii) The timeline described in Subsection (2)(e)(i) shall:
2160 (A) identify specific measures and benchmarks for implementing each moderate
2161 income housing strategy selected by the county; and
2162 (B) provide flexibility for the county to make adjustments as needed.
2163 (3) The proposed general plan may include:
2164 (a) an environmental element that addresses:
2165 (i) to the extent not covered by the county's resource management plan, the protection,
2166 conservation, development, and use of natural resources, including the quality of air, forests,
2167 soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources;
2168 and
2169 (ii) the reclamation of land, flood control, prevention and control of the pollution of
2170 streams and other waters, regulation of the use of land on hillsides, stream channels and other
2171 environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
2172 protection of watersheds and wetlands, and the mapping of known geologic hazards;
2173 (b) a public services and facilities element showing general plans for sewage, water,
2174 waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
2175 police and fire protection, and other public services;
2176 (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
2177 programs for:
2178 (i) historic preservation;
2179 (ii) the diminution or elimination of a development impediment as defined in Section
2180 17C-1-102; and
2181 (iii) redevelopment of land, including housing sites, business and industrial sites, and
2182 public building sites;
2183 (d) an economic element composed of appropriate studies and forecasts, as well as an
2184 economic development plan, which may include review of existing and projected county
2185 revenue and expenditures, revenue sources, identification of basic and secondary industry,
2186 primary and secondary market areas, employment, and retail sales activity;
2187 (e) recommendations for implementing all or any portion of the general plan, including
2188 the use of land use ordinances, capital improvement plans, community development and
2189 promotion, and any other appropriate action;
2190 (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2) or
2191 (3)(a)(i); and
2192 (g) any other element the county considers appropriate.
2193 Section 13. Section 17-27a-404 is amended to read:
2194 17-27a-404. Public hearing by planning commission on proposed general plan or
2195 amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
2196 by legislative body.
2197 (1) (a) After completing its recommendation for a proposed general plan, or proposal to
2198 amend the general plan, the planning commission shall schedule and hold a public hearing on
2199 the proposed plan or amendment.
2200 (b) The planning commission shall provide notice of the public hearing, as required by
2201 Section 17-27a-204.
2202 (c) After the public hearing, the planning commission may modify the proposed
2203 general plan or amendment.
2204 (2) The planning commission shall forward the proposed general plan or amendment to
2205 the legislative body.
2206 (3) (a) As provided by local ordinance and by Section 17-27a-204, the legislative body
2207 shall provide notice of its intent to consider the general plan proposal.
2208 (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
2209 body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
2210 regarding Subsection 17-27a-401(4). The hearing procedure shall comply with this Subsection
2211 (3)(b).
2212 (ii) The hearing format shall allow adequate time for public comment at the actual
2213 public hearing, and shall also allow for public comment in writing to be submitted to the
2214 legislative body for not fewer than 90 days after the date of the public hearing.
2215 (c) (i) The legislative body shall give notice of the hearing in accordance with this
2216 Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401(4) are
2217 complete.
2218 (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
2219 the state Legislature, executive director of the Department of Environmental Quality, the state
2220 planning coordinator, the Resource Development Coordinating Committee, and any other
2221 citizens or entities who specifically request notice in writing.
2222 (iii) Public notice shall be given by publication on the Utah Public Notice Website
2223 created in Section 63A-16-601.
2224 (iv) The notice shall be published to allow reasonable time for interested parties and
2225 the state to evaluate the information regarding the provisions of Subsection 17-27a-401(4),
2226 including publication described in Subsection (3)(c)(iii) for 180 days before the date of the
2227 hearing to be held under this Subsection (3).
2228 (4) (a) After the public hearing required under this section, the legislative body may
2229 adopt, reject, or make any revisions to the proposed general plan that it considers appropriate.
2230 (b) The legislative body shall respond in writing and in a substantive manner to all
2231 those providing comments as a result of the hearing required by Subsection (3).
2232 (c) If the county legislative body rejects the proposed general plan or amendment, it
2233 may provide suggestions to the planning commission for the planning commission's review and
2234 recommendation.
2235 (5) The legislative body shall adopt:
2236 (a) a land use element as provided in Subsection 17-27a-403(2)(a)(i);
2237 (b) a transportation and traffic circulation element as provided in Subsection
2238 17-27a-403(2)(a)(ii);
2239 [
2240
2241 (c) for a specified county as defined in Section 17-27-408, a moderate income housing
2242 element as provided in Subsection 17-27a-403(2)(a)(iii); and
2243 (d) [
2244 17-27a-403(2)(a)(iv).
2245 Section 14. Section 17-27a-408 is amended to read:
2246 17-27a-408. Moderate income housing report -- Contents -- Prioritization for
2247 funds or projects -- Ineligibility for funds after noncompliance -- Civil actions.
2248 [
2249
2250 [
2251
2252 [
2253 [
2254 [
2255 [
2256
2257 [
2258
2259
2260 [
2261 [
2262 [
2263 [
2264
2265
2266 [
2267
2268 [
2269
2270
2271
2272
2273 (a) "Division" means the Housing and Community Development Division within the
2274 Department of Workforce Services.
2275 (b) "Implementation plan" means the implementation plan adopted as part of the
2276 moderate income housing element of a specified county's general plan as provided in
2277 Subsection 10-9a-403(2)(c).
2278 (c) "Moderate income housing report" or "report" means the report described in
2279 Subsection (2)(a).
2280 (d) "Moderate income housing strategy" means a strategy described in Subsection
2281 17-27a-403(2)(b)(ii).
2282 (e) "Specified county" means a county of the first, second, or third class, which has a
2283 population of more than 5,000 in the county's unincorporated areas.
2284 (2) (a) Beginning in 2022, on or before October 1 of each calendar year, the legislative
2285 body of a specified county shall annually submit a written moderate income housing report to
2286 the division.
2287 (b) The moderate income housing report submitted in 2022 shall include:
2288 (i) a description of each moderate income housing strategy selected by the specified
2289 county for implementation; and
2290 (ii) an implementation plan.
2291 (c) The moderate income housing report submitted in each calendar year after 2022
2292 shall include:
2293 (i) the information required under Subsection (2)(b);
2294 (ii) a description of each action, whether one-time or ongoing, taken by the specified
2295 county during the previous fiscal year to implement the moderate income housing strategies
2296 selected by the specified county for implementation;
2297 (iii) a description of each land use regulation or land use decision made by the
2298 specified county during the previous fiscal year to implement the moderate income housing
2299 strategies, including an explanation of how the land use regulation or land use decision
2300 supports the specified county's efforts to implement the moderate income housing strategies;
2301 (iv) a description of any barriers encountered by the specified county in the previous
2302 fiscal year in implementing the moderate income housing strategies; and
2303 (v) information regarding the number of internal and external or detached accessory
2304 dwelling units located within the specified county for which the specified county:
2305 (A) issued a building permit to construct; or
2306 (B) issued a business license to rent;
2307 (vi) a description of how the market has responded to the selected moderate income
2308 housing strategies, including the number of entitled moderate income housing units or other
2309 relevant data; and
2310 (vii) any recommendations on how the state can support the specified county in
2311 implementing the moderate income housing strategies.
2312 (d) The moderate income housing report shall be in a form:
2313 (i) approved by the division; and
2314 (ii) made available by the division on or before July 1 of the year in which the report is
2315 required.
2316 (3) Within 90 days after the day on which the division receives a specified county's
2317 moderate income housing report, the division shall:
2318 (a) post the report on the division's website;
2319 (b) send a copy of the report to the Department of Transportation, the Governor's
2320 Office of Planning and Budget, the association of governments in which the specified county is
2321 located, and, if the unincorporated area of the specified county is located within the boundaries
2322 of a metropolitan planning organization, the appropriate metropolitan planning organization;
2323 and
2324 (c) subject to Subsection (4), review the report to determine compliance with
2325 Subsection (2).
2326 (4) (a) The report described in Subsection (2)(b) complies with Subsection (2) if the
2327 report:
2328 (i) includes the information required under Subsection (2)(b);
2329 (ii) demonstrates to the division that the specified county made plans to implement
2330 three or more moderate income housing strategies; and
2331 (iii) is in a form approved by the division.
2332 (b) The report described in Subsection (2)(c) complies with Subsection (2) if the
2333 report:
2334 (i) includes the information required under Subsection (2)(c);
2335 (ii) demonstrates to the division that the specified county made plans to implement
2336 three or more moderate income housing strategies;
2337 (iii) is in a form approved by the division; and
2338 (iv) provides sufficient information for the division to:
2339 (A) assess the specified county's progress in implementing the moderate income
2340 housing strategies;
2341 (B) monitor compliance with the specified county's implementation plan;
2342 (C) identify a clear correlation between the specified county's land use decisions and
2343 efforts to implement the moderate income housing strategies; and
2344 (D) identify how the market has responded to the specified county's selected moderate
2345 income housing strategies.
2346 (5) (a) A specified county qualifies for priority consideration under this Subsection (5)
2347 if the specified county's moderate income housing report:
2348 (i) complies with Subsection (2); and
2349 (ii) demonstrates to the division that the specified county made plans to implement five
2350 or more moderate income housing strategies.
2351 (b) The following apply to a specified county described in Subsection (5)(a) during the
2352 fiscal year immediately following the fiscal year in which the report is required:
2353 (i) the Transportation Commission may give priority consideration to transportation
2354 projects located within the unincorporated areas of the specified county in accordance with
2355 Subsection 72-1-304(3)(c); and
2356 (ii) the Governor's Office of Planning and Budget may give priority consideration for
2357 awarding financial grants to the specified county under the COVID-19 Local Assistance
2358 Matching Grant Program in accordance with Subsection 63J-4-802(6).
2359 (c) Upon determining that a specified county qualifies for priority consideration under
2360 this Subsection (5), the division shall send a notice of prioritization to the legislative body of
2361 the specified county, the Department of Transportation, and the Governor's Office of Planning
2362 and Budget.
2363 (d) The notice described in Subsection (5)(c) shall:
2364 (i) name the specified county that qualifies for priority consideration;
2365 (ii) describe the funds or projects for which the specified county qualifies to receive
2366 priority consideration;
2367 (iii) specify the fiscal year during which the specified county qualifies for priority
2368 consideration; and
2369 (iv) state the basis for the division's determination that the specified county qualifies
2370 for priority consideration.
2371 (6) (a) If the division, after reviewing a specified county's moderate income housing
2372 report, determines that the report does not comply with Subsection (2), the division shall send a
2373 notice of noncompliance to the legislative body of the specified county.
2374 (b) The notice described in Subsection (6)(a) shall:
2375 (i) describe each deficiency in the report and the actions needed to cure each
2376 deficiency;
2377 (ii) state that the specified county has an opportunity to cure the deficiencies within 90
2378 days after the day on which the notice is sent; and
2379 (iii) state that failure to cure the deficiencies within 90 days after the day on which the
2380 notice is sent will result in ineligibility for funds under Subsection (7).
2381 (7) (a) A specified county is ineligible for funds under this Subsection (7) if the
2382 specified county:
2383 (i) fails to submit a moderate income housing report to the division; or
2384 (ii) fails to cure the deficiencies in the specified county's moderate income housing
2385 report within 90 days after the day on which the division sent to the specified county a notice of
2386 noncompliance under Subsection (6).
2387 (b) The following apply to a specified county described in Subsection (7)(a) during the
2388 fiscal year immediately following the fiscal year in which the report is required:
2389 (i) the executive director of the Department of Transportation may not program funds
2390 from the Transportation Investment Fund of 2005, including the Transit Transportation
2391 Investment Fund, to projects located within the unincorporated areas of the specified county in
2392 accordance with Subsection 72-2-124(6); and
2393 (ii) the Governor's Office of Planning and Budget may not award financial grants to the
2394 specified county under the COVID-19 Local Assistance Matching Grant Program in
2395 accordance with Subsection 63J-4-802(7).
2396 (c) Upon determining that a specified county is ineligible for funds under this
2397 Subsection (7), the division shall send a notice of ineligibility to the legislative body of the
2398 specified county, the Department of Transportation, and the Governor's Office of Planning and
2399 Budget.
2400 (d) The notice described in Subsection (7)(c) shall:
2401 (i) name the specified county that is ineligible for funds;
2402 (ii) describe the funds for which the specified county is ineligible to receive;
2403 (iii) specify the fiscal year during which the specified county is ineligible for funds;
2404 and
2405 (iv) state the basis for the division's determination that the specified county is ineligible
2406 for funds.
2407 [
2408 of Subsection 17-27a-404(5)(c), a plaintiff may not recover damages but may be awarded only
2409 injunctive or other equitable relief.
2410 Section 15. Section 17-27a-508 is amended to read:
2411 17-27a-508. Applicant's entitlement to land use application approval --
2412 Application relating to land in a high priority transportation corridor -- County's
2413 requirements and limitations -- Vesting upon submission of development plan and
2414 schedule.
2415 (1) (a) (i) An applicant who has submitted a complete land use application, including
2416 the payment of all application fees, is entitled to substantive review of the application under the
2417 land use regulations:
2418 (A) in effect on the date that the application is complete; and
2419 (B) applicable to the application or to the information shown on the submitted
2420 application.
2421 (ii) An applicant is entitled to approval of a land use application if the application
2422 conforms to the requirements of the applicable land use regulations, land use decisions, and
2423 development standards in effect when the applicant submits a complete application and pays all
2424 application fees, unless:
2425 (A) the land use authority, on the record, formally finds that a compelling,
2426 countervailing public interest would be jeopardized by approving the application and specifies
2427 the compelling, countervailing public interest in writing; or
2428 (B) in the manner provided by local ordinance and before the applicant submits the
2429 application, the county formally initiates proceedings to amend the county's land use
2430 regulations in a manner that would prohibit approval of the application as submitted.
2431 (b) The county shall process an application without regard to proceedings the county
2432 initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:
2433 (i) 180 days have passed since the county initiated the proceedings; and
2434 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
2435 application as submitted.
2436 (c) A land use application is considered submitted and complete when the applicant
2437 provides the application in a form that complies with the requirements of applicable ordinances
2438 and pays all applicable fees.
2439 (d) The continuing validity of an approval of a land use application is conditioned upon
2440 the applicant proceeding after approval to implement the approval with reasonable diligence.
2441 (e) A county may not impose on an applicant who has submitted a complete
2442 application a requirement that is not expressed:
2443 (i) in this chapter;
2444 (ii) in a county ordinance; or
2445 (iii) in a county specification for public improvements applicable to a subdivision or
2446 development that is in effect on the date that the applicant submits an application.
2447 (f) A county may not impose on a holder of an issued land use permit or a final,
2448 unexpired subdivision plat a requirement that is not expressed:
2449 (i) in a land use permit;
2450 (ii) on the subdivision plat;
2451 (iii) in a document on which the land use permit or subdivision plat is based;
2452 (iv) in the written record evidencing approval of the land use permit or subdivision
2453 plat;
2454 (v) in this chapter; or
2455 (vi) in a county ordinance.
2456 (g) Except as provided in Subsection (1)(h), a county may not withhold issuance of a
2457 certificate of occupancy or acceptance of subdivision improvements because of an applicant's
2458 failure to comply with a requirement that is not expressed:
2459 (i) in the building permit or subdivision plat, documents on which the building permit
2460 or subdivision plat is based, or the written record evidencing approval of the building permit or
2461 subdivision plat; or
2462 (ii) in this chapter or the county's ordinances.
2463 (h) A county may not unreasonably withhold issuance of a certificate of occupancy
2464 where an applicant has met all requirements essential for the public health, public safety, and
2465 general welfare of the occupants, in accordance with this chapter, unless:
2466 (i) the applicant and the county have agreed in a written document to the withholding
2467 of a certificate of occupancy; or
2468 (ii) the applicant has not provided a financial assurance for required and uncompleted
2469 landscaping or infrastructure improvements in accordance with an applicable ordinance that the
2470 legislative body adopts under this chapter.
2471 (2) A county is bound by the terms and standards of applicable land use regulations and
2472 shall comply with mandatory provisions of those regulations.
2473 (3) A county may not, as a condition of land use application approval, require a person
2474 filing a land use application to obtain documentation regarding a school district's willingness,
2475 capacity, or ability to serve the development proposed in the land use application.
2476 (4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day on
2477 which a subdivision plat is recorded, a county may not impose on a building permit applicant
2478 for a single-family dwelling located within the subdivision any land use regulation that is
2479 enacted within 10 years after the day on which the subdivision plat is recorded.
2480 (b) Subsection (4)(a) does not apply to any changes in the requirements of the
2481 applicable building code, health code, or fire code, or other similar regulations.
2482 (5) Upon a specified public agency's submission of a development plan and schedule as
2483 required in Subsection 17-27a-305(8) that complies with the requirements of that subsection,
2484 the specified public agency vests in the county's applicable land use maps, zoning map, hookup
2485 fees, impact fees, other applicable development fees, and land use regulations in effect on the
2486 date of submission.
2487 (6) (a) If sponsors of a referendum timely challenge a project in accordance with
2488 Subsection 20A-7-601[
2489 approval by delivering a written notice:
2490 (i) to the local clerk as defined in Section 20A-7-101; and
2491 (ii) no later than seven days after the day on which a petition for a referendum is
2492 determined sufficient under Subsection 20A-7-607(4).
2493 (b) Upon delivery of a written notice described in Subsection (6)(a) the following are
2494 rescinded and are of no further force or effect:
2495 (i) the relevant land use approval; and
2496 (ii) any land use regulation enacted specifically in relation to the land use approval.
2497 Section 16. Section 17B-2a-802 is amended to read:
2498 17B-2a-802. Definitions.
2499 As used in this part:
2500 (1) "Affordable housing" means housing occupied or reserved for occupancy by
2501 households that meet certain gross household income requirements based on the area median
2502 income for households of the same size.
2503 (a) "Affordable housing" may include housing occupied or reserved for occupancy by
2504 households that meet specific area median income targets or ranges of area median income
2505 targets.
2506 (b) "Affordable housing" does not include housing occupied or reserved for occupancy
2507 by households with gross household incomes that are more than 60% of the area median
2508 income for households of the same size.
2509 (2) "Appointing entity" means the person, county, unincorporated area of a county, or
2510 municipality appointing a member to a public transit district board of trustees.
2511 (3) (a) "Chief executive officer" means a person appointed by the board of trustees of a
2512 small public transit district to serve as chief executive officer.
2513 (b) "Chief executive officer" shall enjoy all the rights, duties, and responsibilities
2514 defined in Sections 17B-2a-810 and 17B-2a-811 and includes all rights, duties, and
2515 responsibilities assigned to the general manager but prescribed by the board of trustees to be
2516 fulfilled by the chief executive officer.
2517 (4) "Council of governments" means a decision-making body in each county composed
2518 of membership including the county governing body and the mayors of each municipality in the
2519 county.
2520 (5) "Department" means the Department of Transportation created in Section 72-1-201.
2521 (6) "Executive director" means a person appointed by the board of trustees of a large
2522 public transit district to serve as executive director.
2523 (7) (a) "General manager" means a person appointed by the board of trustees of a small
2524 public transit district to serve as general manager.
2525 (b) "General manager" shall enjoy all the rights, duties, and responsibilities defined in
2526 Sections 17B-2a-810 and 17B-2a-811 prescribed by the board of trustees of a small public
2527 transit district.
2528 (8) "Large public transit district" means a public transit district that provides public
2529 transit to an area that includes:
2530 (a) more than 65% of the population of the state based on the most recent official
2531 census or census estimate of the United States Census Bureau; and
2532 (b) two or more counties.
2533 (9) (a) "Locally elected public official" means a person who holds an elected position
2534 with a county or municipality.
2535 (b) "Locally elected public official" does not include a person who holds an elected
2536 position if the elected position is not with a county or municipality.
2537 (10) "Metropolitan planning organization" means the same as that term is defined in
2538 Section 72-1-208.5.
2539 (11) "Multicounty district" means a public transit district located in more than one
2540 county.
2541 (12) "Operator" means a public entity or other person engaged in the transportation of
2542 passengers for hire.
2543 (13) (a) "Public transit" means regular, continuing, shared-ride, surface transportation
2544 services that are open to the general public or open to a segment of the general public defined
2545 by age, disability, or low income.
2546 (b) "Public transit" does not include transportation services provided by:
2547 (i) chartered bus;
2548 (ii) sightseeing bus;
2549 (iii) taxi;
2550 (iv) school bus service;
2551 (v) courtesy shuttle service for patrons of one or more specific establishments; or
2552 (vi) intra-terminal or intra-facility shuttle services.
2553 (14) "Public transit district" means a local district that provides public transit services.
2554 (15) "Small public transit district" means any public transit district that is not a large
2555 public transit district.
2556 [
2557
2558
2559 [
2560
2561 [
2562
2563 [
2564
2565 (16) "Station area plan" means a plan developed and adopted by a municipality in
2566 accordance with Section 10-9a-403.1.
2567 (17) "Transit facility" means a transit vehicle, transit station, depot, passenger loading
2568 or unloading zone, parking lot, or other facility:
2569 (a) leased by or operated by or on behalf of a public transit district; and
2570 (b) related to the public transit services provided by the district, including:
2571 (i) railway or other right-of-way;
2572 (ii) railway line; and
2573 (iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
2574 a transit vehicle.
2575 (18) "Transit vehicle" means a passenger bus, coach, railcar, van, or other vehicle
2576 operated as public transportation by a public transit district.
2577 (19) "Transit-oriented development" means a mixed use residential or commercial area
2578 that is designed to maximize access to public transit and includes the development of land
2579 owned by a large public transit district.
2580 (20) "Transit-supportive development" means a mixed use residential or commercial
2581 area that is designed to maximize access to public transit and does not include the development
2582 of land owned by a large public transit district.
2583 Section 17. Section 17B-2a-804 is amended to read:
2584 17B-2a-804. Additional public transit district powers.
2585 (1) In addition to the powers conferred on a public transit district under Section
2586 17B-1-103, a public transit district may:
2587 (a) provide a public transit system for the transportation of passengers and their
2588 incidental baggage;
2589 (b) notwithstanding Subsection 17B-1-103(2)(g) and subject to Section 17B-2a-817,
2590 levy and collect property taxes only for the purpose of paying:
2591 (i) principal and interest of bonded indebtedness of the public transit district; or
2592 (ii) a final judgment against the public transit district if:
2593 (A) the amount of the judgment exceeds the amount of any collectable insurance or
2594 indemnity policy; and
2595 (B) the district is required by a final court order to levy a tax to pay the judgment;
2596 (c) insure against:
2597 (i) loss of revenues from damage to or destruction of some or all of a public transit
2598 system from any cause;
2599 (ii) public liability;
2600 (iii) property damage; or
2601 (iv) any other type of event, act, or omission;
2602 (d) acquire, contract for, lease, construct, own, operate, control, or use:
2603 (i) a right-of-way, rail line, monorail, bus line, station, platform, switchyard, terminal,
2604 parking lot, or any other facility necessary or convenient for public transit service; or
2605 (ii) any structure necessary for access by persons and vehicles;
2606 (e) (i) hire, lease, or contract for the supplying or management of a facility, operation,
2607 equipment, service, employee, or management staff of an operator; and
2608 (ii) provide for a sublease or subcontract by the operator upon terms that are in the
2609 public interest;
2610 (f) operate feeder bus lines and other feeder or ridesharing services as necessary;
2611 (g) accept a grant, contribution, or loan, directly through the sale of securities or
2612 equipment trust certificates or otherwise, from the United States, or from a department,
2613 instrumentality, or agency of the United States;
2614 (h) study and plan transit facilities in accordance with any legislation passed by
2615 Congress;
2616 (i) cooperate with and enter into an agreement with the state or an agency of the state
2617 or otherwise contract to finance to establish transit facilities and equipment or to study or plan
2618 transit facilities;
2619 (j) subject to Subsection 17B-2a-808.1(5), issue bonds as provided in and subject to
2620 Chapter 1, Part 11, Local District Bonds, to carry out the purposes of the district;
2621 (k) from bond proceeds or any other available funds, reimburse the state or an agency
2622 of the state for an advance or contribution from the state or state agency;
2623 (l) do anything necessary to avail itself of any aid, assistance, or cooperation available
2624 under federal law, including complying with labor standards and making arrangements for
2625 employees required by the United States or a department, instrumentality, or agency of the
2626 United States;
2627 (m) sell or lease property;
2628 (n) except as provided in Subsection (2)(b), assist in or operate transit-oriented or
2629 transit-supportive developments;
2630 (o) establish, finance, participate as a limited partner or member in a development with
2631 limited liabilities in accordance with Subsection (1)(p), construct, improve, maintain, or
2632 operate transit facilities, equipment, and , in accordance with Subsection (3), transit-oriented
2633 developments or transit-supportive developments; and
2634 (p) subject to the restrictions and requirements in Subsections (2) and (3), assist in a
2635 transit-oriented development or a transit-supportive development in connection with project
2636 area development as defined in Section 17C-1-102 by:
2637 (i) investing in a project as a limited partner or a member, with limited liabilities; or
2638 (ii) subordinating an ownership interest in real property owned by the public transit
2639 district.
2640 (2) (a) A public transit district may only assist in the development of areas under
2641 Subsection (1)(p) that have been approved by the board of trustees, and in the manners
2642 described in Subsection (1)(p).
2643 (b) A public transit district may not invest in a transit-oriented development or
2644 transit-supportive development as a limited partner or other limited liability entity under the
2645 provisions of Subsection (1)(p)(i), unless the partners, developer, or other investor in the entity,
2646 makes an equity contribution equal to no less than 25% of the appraised value of the property
2647 to be contributed by the public transit district.
2648 (c) (i) For transit-oriented development projects, a public transit district shall adopt
2649 transit-oriented development policies and guidelines that include provisions on affordable
2650 housing.
2651 (ii) For transit-supportive development projects, a public transit district shall work with
2652 the metropolitan planning organization and city and county governments where the project is
2653 located to collaboratively seek to create joint plans for the areas within one-half mile of transit
2654 stations, including plans for affordable housing.
2655 (d) A current board member of a public transit district to which the board member is
2656 appointed may not have any interest in the transactions engaged in by the public transit district
2657 pursuant to Subsection (1)(p)(i) or (ii), except as may be required by the board member's
2658 fiduciary duty as a board member.
2659 (3) For any transit-oriented development or transit-supportive development authorized
2660 in this section, the public transit district shall:
2661 (a) perform a cost-benefit analysis of the monetary investment and expenditures of the
2662 development, including effect on:
2663 (i) service and ridership;
2664 (ii) regional plans made by the metropolitan planning agency;
2665 (iii) the local economy;
2666 (iv) the environment and air quality;
2667 (v) affordable housing; and
2668 (vi) integration with other modes of transportation; and
2669 (b) provide evidence to the public of a quantifiable positive return on investment,
2670 including improvements to public transit service.
2671 (4) A public transit district may [
2672 if:
2673 (a) for a transit-oriented development involving a municipality:
2674 (i) the relevant municipality [
2675 plan; and
2676 [
2677 (ii) the municipality is [
2678 regarding the inclusion of moderate income housing in the general plan and the required
2679 reporting requirements; or
2680 [
2681 area of a county, the county is [
2682 regarding inclusion of moderate income housing in the general plan and required reporting
2683 requirements.
2684 (5) A public transit district may be funded from any combination of federal, state,
2685 local, or private funds.
2686 (6) A public transit district may not acquire property by eminent domain.
2687 Section 18. Section 20A-7-601 is amended to read:
2688 20A-7-601. Referenda -- General signature requirements -- Signature
2689 requirements for land use laws, subjurisdictional laws, and transit area land use laws --
2690 Time requirements.
2691 (1) As used in this section:
2692 (a) "Number of active voters" means the number of active voters in the county, city, or
2693 town on the immediately preceding January 1.
2694 (b) "Qualifying county" means a county that has created a small public transit district,
2695 as defined in Section 17B-2a-802, on or before January 1, 2022.
2696 (c) "Qualifying transit area" means:
2697 (i) a station area, as defined in Section 10-9a-403.1, for which the municipality with
2698 jurisdiction over the station area has satisfied the requirements of Subsection
2699 10-9a-403.1(2)(a), as demonstrated by the adoption of a station area plan or resolution under
2700 Subsection 10-9a-403.1(2); or
2701 (ii) a housing and transit reinvestment zone, as defined in Section 63N-3-602, created
2702 within a qualifying county.
2703 [
2704 the jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
2705 [
2706 a local legislative body that imposes a tax or other payment obligation on property in an area
2707 that does not include all precincts and subprecincts under the jurisdiction of the county, city,
2708 town, or metro township.
2709 (ii) "Subjurisdictional law" does not include a land use law.
2710 (f) "Transit area land use law" means a land use law that relates to the use of land
2711 within a qualifying transit area.
2712 [
2713 20A-7-401.3(1)(a) or (2)(b).
2714 (2) Except as provided in [
2715 eligible voter seeking to have a local law passed by the local legislative body submitted to a
2716 vote of the people shall obtain legal signatures equal to:
2717 (a) for a county of the first class:
2718 (i) 7.75% of the number of active voters in the county; and
2719 (ii) beginning on January 1, 2020, 7.75% of the number of active voters in at least 75%
2720 of the county's voter participation areas;
2721 (b) for a metro township with a population of 100,000 or more, or a city of the first
2722 class:
2723 (i) 7.5% of the number of active voters in the metro township or city; and
2724 (ii) beginning on January 1, 2020, 7.5% of the number of active voters in at least 75%
2725 of the metro township's or city's voter participation areas;
2726 (c) for a county of the second class:
2727 (i) 8% of the number of active voters in the county; and
2728 (ii) beginning on January 1, 2020, 8% of the number of active voters in at least 75% of
2729 the county's voter participation areas;
2730 (d) for a metro township with a population of 65,000 or more but less than 100,000, or
2731 a city of the second class:
2732 (i) 8.25% of the number of active voters in the metro township or city; and
2733 (ii) beginning on January 1, 2020, 8.25% of the number of active voters in at least 75%
2734 of the metro township's or city's voter participation areas;
2735 (e) for a county of the third class:
2736 (i) 9.5% of the number of active voters in the county; and
2737 (ii) beginning on January 1, 2020, 9.5% of the number of active voters in at least 75%
2738 of the county's voter participation areas;
2739 (f) for a metro township with a population of 30,000 or more but less than 65,000, or a
2740 city of the third class:
2741 (i) 10% of the number of active voters in the metro township or city; and
2742 (ii) beginning on January 1, 2020, 10% of the number of active voters in at least 75%
2743 of the metro township's or city's voter participation areas;
2744 (g) for a county of the fourth class:
2745 (i) 11.5% of the number of active voters in the county; and
2746 (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
2747 of the county's voter participation areas;
2748 (h) for a metro township with a population of 10,000 or more but less than 30,000, or a
2749 city of the fourth class:
2750 (i) 11.5% of the number of active voters in the metro township or city; and
2751 (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
2752 of the metro township's or city's voter participation areas;
2753 (i) for a metro township with a population of 1,000 or more but less than 10,000, a city
2754 of the fifth class, or a county of the fifth class, 25% of the number of active voters in the metro
2755 township, city, or county; or
2756 (j) for a metro township with a population of less than 1,000, a town, or a county of the
2757 sixth class, 35% of the number of active voters in the metro township, town, or county.
2758 (3) Except as provided in Subsection (4) or (5), an eligible voter seeking to have a land
2759 use law or local obligation law passed by the local legislative body submitted to a vote of the
2760 people shall obtain legal signatures equal to:
2761 (a) for a county of the first, second, third, or fourth class:
2762 (i) 16% of the number of active voters in the county; and
2763 (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
2764 of the county's voter participation areas;
2765 (b) for a county of the fifth or sixth class:
2766 (i) 16% of the number of active voters in the county; and
2767 (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
2768 of the county's voter participation areas;
2769 (c) for a metro township with a population of 100,000 or more, or a city of the first
2770 class:
2771 (i) 15% of the number of active voters in the metro township or city; and
2772 (ii) beginning on January 1, 2020, 15% of the number of active voters in at least 75%
2773 of the metro township's or city's voter participation areas;
2774 (d) for a metro township with a population of 65,000 or more but less than 100,000, or
2775 a city of the second class:
2776 (i) 16% of the number of active voters in the metro township or city; and
2777 (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
2778 of the metro township's or city's voter participation areas;
2779 (e) for a metro township with a population of 30,000 or more but less than 65,000, or a
2780 city of the third class:
2781 (i) 27.5% of the number of active voters in the metro township or city; and
2782 (ii) beginning on January 1, 2020, 27.5% of the number of active voters in at least 75%
2783 of the metro township's or city's voter participation areas;
2784 (f) for a metro township with a population of 10,000 or more but less than 30,000, or a
2785 city of the fourth class:
2786 (i) 29% of the number of active voters in the metro township or city; and
2787 (ii) beginning on January 1, 2020, 29% of the number of active voters in at least 75%
2788 of the metro township's or city's voter participation areas;
2789 (g) for a metro township with a population of 1,000 or more but less than 10,000, or a
2790 city of the fifth class, 35% of the number of active voters in the metro township or city; or
2791 (h) for a metro township with a population of less than 1,000 or a town, 40% of the
2792 number of active voters in the metro township or town.
2793 (4) A person seeking to have a subjurisdictional law passed by the local legislative
2794 body submitted to a vote of the people shall obtain legal signatures of the residents in the
2795 subjurisdiction equal to:
2796 (a) 10% of the number of active voters in the subjurisdiction if the number of active
2797 voters exceeds 25,000;
2798 (b) 12-1/2% of the number of active voters in the subjurisdiction if the number of
2799 active voters does not exceed 25,000 but is more than 10,000;
2800 (c) 15% of the number of active voters in the subjurisdiction if the number of active
2801 voters does not exceed 10,000 but is more than 2,500;
2802 (d) 20% of the number of active voters in the subjurisdiction if the number of active
2803 voters does not exceed 2,500 but is more than 500;
2804 (e) 25% of the number of active voters in the subjurisdiction if the number of active
2805 voters does not exceed 500 but is more than 250; and
2806 (f) 30% of the number of active voters in the subjurisdiction if the number of active
2807 voters does not exceed 250.
2808 (5) An eligible voter seeking to have a transit area land use law passed by the local
2809 legislative body submitted to a vote of the people shall obtain legal signatures equal to:
2810 (a) for a county:
2811 (i) 20% of the number of active voters in the county; and
2812 (ii) 21% of the number of active voters in at least 75% of the county's voter
2813 participation areas;
2814 (b) for a metro township with a population of 100,000 or more, or a city of the first
2815 class:
2816 (i) 20% of the number of active voters in the metro township or city; and
2817 (ii) 20% of the number of active voters in at least 75% of the metro township's or city's
2818 voter participation areas;
2819 (c) for a metro township with a population of 65,000 or more but less than 100,000, or
2820 a city of the second class:
2821 (i) 20% of the number of active voters in the metro township or city; and
2822 (ii) 21% of the number of active voters in at least 75% of the metro township's or city's
2823 voter participation areas;
2824 (d) for a metro township with a population of 30,000 or more but less than 65,000, or a
2825 city of the third class:
2826 (i) 34% of the number of active voters in the metro township or city; and
2827 (ii) 34% of the number of active voters in at least 75% of the metro township's or city's
2828 voter participation areas;
2829 (e) for a metro township with a population of 10,000 or more but less than 30,000, or a
2830 city of the fourth class:
2831 (i) 36% of the number of active voters in the metro township or city; and
2832 (ii) 36% of the number of active voters in at least 75% of the metro township's or city's
2833 voter participation areas; or
2834 (f) for a metro township with a population less than 10,000, a city of the fifth class, or a
2835 town, 40% of the number of active voters in the metro township, city, or town.
2836 [
2837 [
2838 5 p.m. within seven days after the day on which the local law was passed.
2839 [
2840 other payment obligation on a subjurisdiction in order to benefit an area outside of the
2841 subjurisdiction.
2842 Section 19. Section 20A-7-602.8 is amended to read:
2843 20A-7-602.8. Referability to voters of local land use law -- Limitations on
2844 referability to voters of transit area land use law.
2845 (1) Within 20 days after the day on which an eligible voter files an application to
2846 circulate a referendum petition under Section 20A-7-602 for a land use law, counsel for the
2847 county, city, town, or metro township to which the referendum pertains shall:
2848 (a) review the application to determine whether the proposed referendum is legally
2849 referable to voters; and
2850 (b) notify the first three sponsors, in writing, whether the proposed referendum is:
2851 (i) legally referable to voters; or
2852 (ii) rejected as not legally referable to voters.
2853 (2) (a) [
2854 proposed referendum is legally referable to voters unless:
2855 [
2856 legislative, in nature;
2857 [
2858 regulation, as those terms are defined in Section 10-9a-103 or 17-27a-103;
2859 [
2860 legislative body; or
2861 [
2862 comply with the requirements of this part.
2863 (b) In addition to the limitations of Subsection (2)(a), a proposed referendum is not
2864 legally referable to voters for a transit area land use law, as defined in Section 20A-7-601, if
2865 the transit area land use law was passed by a two-thirds vote of the local legislative body.
2866 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
2867 or metro township may not, for a land use law:
2868 (a) reject a proposed referendum as not legally referable to voters; or
2869 (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
2870 proposed referendum on the grounds that the proposed referendum is not legally referable to
2871 voters.
2872 (4) (a) If a county, city, town, or metro township rejects a proposed referendum
2873 concerning a land use law, a sponsor of the proposed referendum may, within seven days after
2874 the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision
2875 to:
2876 (i) the Supreme Court, by means of an extraordinary writ, if possible; or
2877 (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
2878 under Subsection (4)(a)(i).
2879 (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
2880 (4)(a) terminates the referendum.
2881 (5) If, on challenge or appeal, the court determines that the proposed referendum is
2882 legally referable to voters, the local clerk shall comply with Subsection 20A-7-604(2) within
2883 five days after the day on which the determination, and any challenge or appeal of the
2884 determination, is final.
2885 Section 20. Section 35A-8-101 is amended to read:
2886 35A-8-101. Definitions.
2887 As used in this chapter:
2888 (1) "Accessible housing" means housing which has been constructed or modified to be
2889 accessible, as described in the State Construction Code or an approved code under Title 15A,
2890 State Construction and Fire Codes Act.
2891 (2) "Director" means the director of the division.
2892 (3) "Division" means the Housing and Community Development Division.
2893 (4) "Moderate income housing" means housing occupied or reserved for occupancy by
2894 households with a gross household income equal to or less than 80% of the median gross
2895 income for households of the same size in the county in which the housing is located.
2896 (5) "Moderate income housing unit" means a housing unit that qualifies as moderate
2897 income housing.
2898 Section 21. Section 35A-8-503 is amended to read:
2899 35A-8-503. Housing loan fund board -- Duties -- Expenses.
2900 (1) There is created the Olene Walker Housing Loan Fund Board.
2901 (2) The board is composed of [
2902 (a) The governor shall appoint the following members to four-year terms:
2903 (i) two members from local governments[
2904 (A) one member shall be a locally elected official who resides in a county of the first or
2905 second class; and
2906 (B) one member shall be a locally elected official who resides in a county of the third,
2907 fourth, fifth, or sixth class;
2908 (ii) two members from the mortgage lending community[
2909 (A) one member shall have expertise in single-family mortgage lending; and
2910 (B) one member shall have expertise in multi-family mortgage lending;
2911 (iii) one member from real estate sales interests;
2912 (iv) [
2913 (A) one member shall have expertise in single-family residential construction; and
2914 (B) one member shall have expertise in multi-family residential construction;
2915 (v) one member from rental housing interests;
2916 (vi) [
2917 (A) one member who resides within any area in a county of the first or second class;
2918 and
2919 (B) one member who resides within any area in a county of the third, fourth, fifth, or
2920 sixth class;
2921 (vii) one member of the manufactured housing interest;
2922 (viii) one member with expertise in transit-oriented developments; and
2923 (ix) one member who represents rural interests.
2924 (b) The director or the director's designee serves as the secretary of the board.
2925 (c) The members of the board shall annually elect a chair from among the voting
2926 membership of the board.
2927 (3) (a) Notwithstanding the requirements of Subsection (2), the governor shall, at the
2928 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2929 board members are staggered so that approximately half of the board is appointed every two
2930 years.
2931 (b) When a vacancy occurs in the membership for any reason, the replacement is
2932 appointed for the unexpired term.
2933 (4) (a) The board shall:
2934 (i) meet regularly, at least quarterly to conduct business of the board, on dates fixed by
2935 the board;
2936 (ii) meet twice per year, with at least one of the meetings in a rural area of the state, to
2937 provide information to and receive input from the public regarding the state's housing policies
2938 and needs;
2939 (iii) keep minutes of its meetings; and
2940 (iv) comply with the procedures and requirements of Title 52, Chapter 4, Open and
2941 Public Meetings Act.
2942 (b) [
2943 or a majority of the board may call a meeting of the board.
2944 (5) The board shall:
2945 (a) review the housing needs in the state;
2946 (b) determine the relevant operational aspects of any grant, loan, or revenue collection
2947 program established under the authority of this chapter;
2948 (c) determine the means to implement the policies and goals of this chapter;
2949 (d) select specific projects to receive grant or loan money; and
2950 (e) determine how fund money shall be allocated and distributed.
2951 (6) A member may not receive compensation or benefits for the member's service, but
2952 may receive per diem and travel expenses in accordance with:
2953 (a) Section 63A-3-106;
2954 (b) Section 63A-3-107; and
2955 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2956 63A-3-107.
2957 Section 22. Section 35A-8-504 is amended to read:
2958 35A-8-504. Distribution of fund money.
2959 (1) As used in this section:
2960 (a) "Community" means the same as that term is defined in Section 17C-1-102.
2961 (b) "Income targeted housing" means the same as that term is defined in Section
2962 17C-1-102.
2963 [
2964 (a) make grants and loans from the fund for any of the activities authorized by Section
2965 35A-8-505, as directed by the board;
2966 (b) establish the criteria with the approval of the board by which loans and grants will
2967 be made; and
2968 (c) determine with the approval of the board the order in which projects will be funded.
2969 [
2970 money contained in the fund according to the procedures, conditions, and restrictions placed
2971 upon the use of the money by the federal government.
2972 [
2973 received under Section 17C-1-412 to pay the costs of providing income targeted housing within
2974 the community that created the community reinvestment agency under Title 17C, Limited
2975 Purpose Local Government Entities - Community Reinvestment Agency Act.
2976 [
2977 [
2978 [
2979
2980 [
2981 money appropriated for use in accordance with Section 35A-8-2105, the executive director
2982 shall distribute, as directed by the board, money in the fund according to the following
2983 requirements:
2984 [
2985
2986 [
2987 benefit persons whose annual income is at or below 50% of the median family income for the
2988 state;
2989 [
2990 the fund, including any appropriation to the fund, to offset department or board administrative
2991 expenses;
2992 [
2993 benefit persons whose annual income is at or below 80% of the median family income for the
2994 state; and
2995 [
2996 accordance with this section, the interest rate of the loan shall be based on the borrower's
2997 ability to pay.
2998 [
2999 (a) enact rules to establish procedures for the grant and loan process by following the
3000 procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
3001 and
3002 (b) service or contract, under Title 63G, Chapter 6a, Utah Procurement Code, for the
3003 servicing of loans made by the fund.
3004 Section 23. Section 35A-8-507.5 is amended to read:
3005 35A-8-507.5. Predevelopment grants.
3006 [
3007 [
3008
3009 [
3010 [
3011 [
3012 [
3013
3014 (1) The executive director may, under the direction of the board, award one or more
3015 predevelopment grants to a nonprofit or for-profit entity:
3016 (a) in preparation for a project that:
3017 (i) involves the construction of moderate income housing units; and
3018 (ii) is located within:
3019 (A) a city of the fifth or sixth class, or a town, in a rural area of the state; or
3020 (B) any municipality or unincorporated area in a county of the fourth, fifth, or sixth
3021 class; and
3022 (b) in an amount of no more than $50,000 per project.
3023 (2) The executive director shall, under the direction of the board [
3024 predevelopment grant in accordance with the provisions of this section and the provisions
3025 related to grant applications, grant awards, and reporting requirements in this part.
3026 (3) [
3027 (a) may [
3028 predevelopment funds needed to prepare for the construction of low-income housing units,
3029 including market studies, surveys, environmental and impact studies, technical assistance, and
3030 preliminary architecture, engineering, or legal work; and
3031 (b) may not [
3032
3033 (4) The executive director shall, under the direction of the board [
3034 awarding of a predevelopment grant for a project [
3035 (a) a county of the fifth or sixth class [
3036 and
3037 (b) an area that has underdeveloped infrastructure, as demonstrated by at least two of
3038 the following:
3039 [
3040 [
3041 [
3042 [
3043 [
3044 Section 24. Section 35A-8-508 is amended to read:
3045 35A-8-508. Annual accounting.
3046 (1) The executive director shall monitor the activities of recipients of grants and loans
3047 issued under this part on a yearly basis to ensure compliance with the terms and conditions
3048 imposed on the recipient by the executive director with the approval of the board or by this
3049 part.
3050 (2) [
3051 from the fund under this part shall provide the executive director with an annual accounting of
3052 how the money the entity received from the fund has been spent.
3053 (3) The executive director shall make an annual report to the board accounting for the
3054 expenditures authorized by the board.
3055 (4) The board shall submit a report to the department for inclusion in the annual
3056 written report described in Section 35A-1-109:
3057 (a) accounting for expenditures authorized by the board; and
3058 (b) evaluating the effectiveness of the program.
3059 Section 25. Section 35A-8-509 is amended to read:
3060 35A-8-509. Economic Revitalization and Investment Fund.
3061 (1) There is created an enterprise fund known as the "Economic Revitalization and
3062 Investment Fund."
3063 (2) The Economic Revitalization and Investment Fund consists of money from the
3064 following:
3065 (a) money appropriated to the account by the Legislature;
3066 (b) private contributions;
3067 (c) donations or grants from public or private entities; and
3068 (d) money returned to the department under [
3069 35A-8-512(3)(a).
3070 (3) The Economic Revitalization and Investment Fund shall earn interest, which shall
3071 be deposited into the Economic Revitalization and Investment Fund.
3072 (4) The executive director may distribute money from the Economic Revitalization and
3073 Investment Fund to one or more projects that:
3074 (a) include affordable housing units for households[
3075 than 30% of the area median income for households of the same size in the county or
3076 municipality where the project is located; and
3077 [
3078
3079 (b) have been approved by the board in accordance with Section 35A-8-510.
3080 (5) (a) A housing sponsor may apply to the department to receive a distribution in
3081 accordance with Subsection (4).
3082 (b) The application shall include:
3083 (i) the location of the project;
3084 (ii) the number, size, and tenant income requirements of affordable housing units
3085 described in Subsection (4)(a) that will be included in the project; and
3086 (iii) a written commitment to enter into a deed restriction that reserves for a period of
3087 30 years the affordable housing units described in Subsection (5)(b)(ii) or their equivalent for
3088 occupancy by households that meet the income requirements described in Subsection (5)(b)(ii).
3089 (c) The commitment in Subsection (5)(b)(iii) shall be considered met if a housing unit
3090 is:
3091 (i) (A) occupied or reserved for occupancy by a household whose income is no more
3092 than 30% of the area median income for households of the same size in the county or
3093 municipality where the project is located; or
3094 (B) occupied by a household whose income is no more than 60% of the area median
3095 income for households of the same size in the county or municipality where the project is
3096 located if that household met the income requirement described in Subsection (4)(a) when the
3097 household originally entered into the lease agreement for the housing unit; and
3098 (ii) rented at a rate no greater than the rate described in Subsection 35A-8-511(2)(b).
3099 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3100 department may make additional rules providing procedures for a person to apply to the
3101 department to receive a distribution described in Subsection (4).
3102 (6) The executive director may expend up to 3% of the revenues of the Economic
3103 Revitalization and Investment Fund, including any appropriation to the Economic
3104 Revitalization and Investment Fund, to offset department or board administrative expenses.
3105 Section 26. Section 35A-8-509.5 is enacted to read:
3106 35A-8-509.5. Rural Housing Fund.
3107 (1) There is created an enterprise fund known as the "Rural Housing Fund."
3108 (2) The Rural Housing Fund consists of money from the following:
3109 (a) money appropriated to the account by the Legislature;
3110 (b) private contributions;
3111 (c) donations or grants from public or private entities; and
3112 (d) money returned to the department under Subsection 35A-8-512(3)(b).
3113 (3) The Rural Housing Fund shall earn interest, which shall be deposited into the Rural
3114 Housing Fund.
3115 (4) Subject to appropriation, the executive director may expend funds in the Rural
3116 Housing Fund to provide loans for projects that:
3117 (a) are located within:
3118 (i) a county of the third, fourth, fifth, or sixth class; or
3119 (ii) a municipality in a county of the second class with a population of 10,000 or less;
3120 (b) include moderate income housing units; and
3121 (c) have been approved by the board in accordance with Section 35A-8-510.
3122 (5) (a) A housing sponsor may apply to the department to receive a loan under this
3123 section.
3124 (b) An application under Subsection (5)(a) shall specify:
3125 (i) the location of the project;
3126 (ii) the number, size, and income requirements of moderate income housing units that
3127 will be included in the project; and
3128 (iii) a written commitment to enter into a deed restriction that reserves for a period of
3129 50 years the moderate income housing units described in Subsection (5)(b)(ii).
3130 (c) A commitment under Subsection (5)(b)(iii) shall be considered satisfied if a
3131 housing unit is occupied by a household that met the income requirement for moderate income
3132 housing when the household originally entered into the lease agreement for the housing unit.
3133 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3134 department may make rules establishing procedures and requirements for housing sponsors to
3135 apply for and receive loans under this section.
3136 (6) The executive director may expend up to 3% of the revenues of the Rural Housing
3137 Fund, including any appropriation to the Rural Housing Fund, to offset department or board
3138 administrative expenses.
3139 Section 27. Section 35A-8-510 is amended to read:
3140 35A-8-510. Housing loan fund board approval.
3141 (1) The board shall review the project applications described in [
3142 Subsections 35A-8-509(5) and 35A-8-509.5(5).
3143 (2) (a) The board may approve a project that meets the requirements of Subsections
3144 35A-8-509(4) and (5) to receive funds from the Economic Revitalization and Investment Fund.
3145 (b) The board may approve a project that meets the requirements of Subsections
3146 35A-8-509.5(4) and (5) to receive funds from the Rural Housing Fund.
3147 (3) The board shall give preference to projects:
3148 (a) that include significant additional or matching funds from an individual, private
3149 organization, or local government entity;
3150 (b) that include significant contributions by the applicant to total project costs,
3151 including contributions secured by the applicant from other sources such as professional, craft,
3152 and trade services and lender interest rate subsidies;
3153 (c) with significant local government contributions in the form of infrastructure,
3154 improvements, or other assistance;
3155 (d) where the applicant has demonstrated the ability, stability, and resources to
3156 complete the project;
3157 (e) that will serve the greatest need;
3158 (f) that promote economic development benefits;
3159 (g) that allow integration into a local government housing plan;
3160 (h) that would mitigate or correct existing health, safety, or welfare concerns; or
3161 (i) that remedy a gap in the supply of and demand for affordable housing.
3162 Section 28. Section 35A-8-511 is amended to read:
3163 35A-8-511. Activities authorized to receive account money.
3164 [
3165 and Investment Fund and the Rural Housing Fund for any of the following activities
3166 undertaken as part of an approved project:
3167 [
3168 [
3169 [
3170 [
3171 [
3172 building that will include [
3173 [
3174
3175
3176
3177
3178
3179 [
3180
3181
3182 [
3183
3184 [
3185 [
3186 [
3187 [
3188 [
3189 [
3190 Section 29. Section 35A-8-512 is amended to read:
3191 35A-8-512. Repayment of funds.
3192 (1) Upon the earlier of 30 years from the date an approved project is placed in service
3193 or the sale or transfer of the affordable housing units acquired, constructed, or rehabilitated as
3194 part of an approved project funded under [
3195 housing sponsor shall remit to the department:
3196 (a) the total amount of money distributed by the department to the housing sponsor for
3197 the project; and
3198 (b) an additional amount of money determined by contract with the department prior to
3199 the initial disbursement of money [
3200 (2) Any claim arising under Subsection (1) is a lien against the real property funded
3201 under this chapter.
3202 (3) (a) Any money returned to the department under Subsection (1) from a housing
3203 sponsor that received funds from the Economic Revitalization and Investment Fund shall be
3204 deposited in the Economic Revitalization and Investment Fund.
3205 (b) Any money returned to the department under Subsection (1) from a housing
3206 sponsor that received funds from the Rural Housing Fund shall be deposited in the Rural
3207 Housing Fund.
3208 Section 30. Section 35A-8-513 is amended to read:
3209 35A-8-513. Annual accounting.
3210 (1) The executive director shall monitor the activities of recipients of funds from the
3211 Economic Revitalization and Investment Fund and the Rural Housing Fund on a yearly basis to
3212 ensure compliance with the terms and conditions imposed on the recipient by the executive
3213 director with the approval of the board.
3214 (2) (a) A housing sponsor that receives funds from the Economic Revitalization and
3215 Investment Fund shall provide the executive director with an annual accounting of how the
3216 money the entity received from the Economic Revitalization and Investment Fund has been
3217 spent and evidence that the commitment described in Subsection 35A-8-509(5) has been met.
3218 (b) A housing sponsor that receives funds from the Rural Housing Fund shall provide
3219 the executive director with an annual accounting of how the money the entity received from the
3220 Rural Housing Fund has been spent and evidence that the commitment described in Subsection
3221 35A-8-509.5(5) has been met.
3222 (3) The executive director shall make an annual report to the board accounting for the
3223 expenditures authorized by the board under the Economic Revitalization and Investment Fund
3224 and the Rural Housing Fund.
3225 (4) The board shall submit a report to the department for inclusion in the annual
3226 written report described in Section 35A-1-109 that includes:
3227 (a) an accounting for expenditures authorized by the board; and
3228 (b) an evaluation of the effectiveness of [
3229 Section 31. Section 35A-8-803 is amended to read:
3230 35A-8-803. Division -- Functions.
3231 (1) In addition to any other functions the governor or Legislature may assign:
3232 (a) the division shall:
3233 (i) provide a clearinghouse of information for federal, state, and local housing
3234 assistance programs;
3235 (ii) establish, in cooperation with political subdivisions, model plans and management
3236 methods to encourage or provide for the development of affordable housing that may be
3237 adopted by political subdivisions by reference;
3238 (iii) undertake, in cooperation with political subdivisions, a realistic assessment of
3239 problems relating to housing needs, such as:
3240 (A) inadequate supply of dwellings;
3241 (B) substandard dwellings; and
3242 (C) inability of medium and low income families to obtain adequate housing;
3243 (iv) provide the information obtained under Subsection (1)(a)(iii) to:
3244 (A) political subdivisions;
3245 (B) real estate developers;
3246 (C) builders;
3247 (D) lending institutions;
3248 (E) affordable housing advocates; and
3249 (F) others having use for the information;
3250 (v) advise political subdivisions of serious housing problems existing within their
3251 jurisdiction that require concerted public action for solution;
3252 (vi) assist political subdivisions in defining housing objectives and in preparing for
3253 adoption a plan of action covering a five-year period designed to accomplish housing
3254 objectives within their jurisdiction; [
3255 (vii) for municipalities or counties required to submit an annual moderate income
3256 housing report to the department as described in Section 10-9a-408 or 17-27a-408:
3257 (A) assist in the creation of the reports; and
3258 [
3259 (B) review the reports to meet the requirements of Sections 10-9a-408 and 17-27a-408;
3260 (viii) establish and maintain a database of moderate income housing units located
3261 within the state; and
3262 (ix) on or before December 1, 2022, develop and submit to the Commission on
3263 Housing Affordability a methodology for determining whether a municipality or county is
3264 taking sufficient measures to protect and promote moderate income housing in accordance with
3265 the provisions of Sections 10-9a-403 and 17-27a-403; and
3266 (b) within legislative appropriations, the division may accept for and on behalf of, and
3267 bind the state to, any federal housing or homeless program in which the state is invited,
3268 permitted, or authorized to participate in the distribution, disbursement, or administration of
3269 any funds or service advanced, offered, or contributed in whole or in part by the federal
3270 government.
3271 (2) The administration of any federal housing program in which the state is invited,
3272 permitted, or authorized to participate in distribution, disbursement, or administration of funds
3273 or services, except those administered by the Utah Housing Corporation, is governed by
3274 Sections 35A-8-501 through 35A-8-508.
3275 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3276 department shall make rules describing the [
3277 housing reports described in Subsection (1)(a)(vii).
3278 Section 32. Section 35A-8-2105 is amended to read:
3279 35A-8-2105. Allocation of volume cap.
3280 (1) (a) Subject to Subsection (1)(b), the volume cap for each year shall be distributed
3281 by the board of review to the allotment accounts as described in Section 35A-8-2106.
3282 (b) The board of review may distribute up to 50% of each increase in the volume cap
3283 for use in development that occurs in quality growth areas, depending upon the board's analysis
3284 of the relative need for additional volume cap between development in quality growth areas
3285 and the allotment accounts under Section 35A-8-2106.
3286 (2) To obtain an allocation of the volume cap, issuing authorities shall submit to the
3287 board of review an application containing information required by the procedures and
3288 processes of the board of review.
3289 (3) (a) The board of review shall establish criteria for making allocations of volume
3290 cap that are consistent with the purposes of the code and this part.
3291 (b) In making an allocation of volume cap the board of review shall consider the
3292 following:
3293 (i) the principal amount of the bonds proposed to be issued;
3294 (ii) the nature and the location of the project or the type of program;
3295 (iii) the likelihood that the bonds will be sold and the timeframe of bond issuance;
3296 (iv) whether the project or program could obtain adequate financing without an
3297 allocation of volume cap;
3298 (v) the degree to which an allocation of volume cap is required for the project or
3299 program to proceed or continue;
3300 (vi) the social, health, economic, and educational effects of the project or program on
3301 the local community and state as a whole;
3302 (vii) the anticipated economic development created or retained within the local
3303 community and the state as a whole;
3304 (viii) the anticipated number of jobs, both temporary and permanent, created or
3305 retained within the local community and the state as a whole;
3306 (ix) if the project is a residential rental project, the degree to which the residential
3307 rental project:
3308 (A) targets lower income populations; and
3309 (B) is accessible housing; and
3310 (x) whether the project meets the principles of quality growth recommended by the
3311 Quality Growth Commission created in Section 11-38-201.
3312 (4) The board of review shall provide evidence of an allocation of volume cap by
3313 issuing a certificate in accordance with Section 35A-8-2107.
3314 (5) (a) [
3315 board of review shall set aside at least 50% of the Small Issue Bond Account that may only be
3316 allocated to manufacturing projects.
3317 (b) [
3318 board of review shall set aside at least 50% of the Pool Account that may only be allocated to
3319 manufacturing projects.
3320 (c) The board of review is not required to set aside any unused volume cap under
3321 Subsection 35A-8-2106(2)(c) to satisfy the requirements of Subsection (5)(a) or (b).
3322 Section 33. Section 35A-8-2106 is amended to read:
3323 35A-8-2106. Allotment accounts.
3324 (1) There are created the following allotment accounts:
3325 (a) the Single Family Housing Account, for which eligible issuing authorities are those
3326 authorized under the code and state statute to issue qualified mortgage bonds under Section 143
3327 of the code;
3328 (b) the Student Loan Account, for which eligible issuing authorities are those
3329 authorized under the code and state statute to issue qualified student loan bonds under Section
3330 144(b) of the code;
3331 (c) the Small Issue Bond Account, for which eligible issuing authorities are those
3332 authorized under the code and state statute to issue:
3333 (i) qualified small issue bonds under Section 144(a) of the code;
3334 (ii) qualified exempt facility bonds for qualified residential rental projects under
3335 Section 142(d) of the code; or
3336 (iii) qualified redevelopment bonds under Section 144(c) of the code;
3337 (d) the Exempt Facilities Account, for which eligible issuing authorities are those
3338 authorized under the code and state statute to issue any bonds requiring an allocation of volume
3339 cap other than for purposes described in [
3340 (e) the Pool Account, for which eligible issuing authorities are those authorized under
3341 the code and state statute to issue any bonds requiring an allocation of volume cap; and
3342 (f) the Carryforward Account, for which eligible issuing authorities are those with
3343 projects or programs qualifying under Section 146(f) of the code.
3344 (2) (a) The volume cap shall be distributed to the allotment accounts on January 1 of
3345 each year on the following basis:
3346 (i) 42% to the Single Family Housing Account;
3347 (ii) 33% to the Student Loan Account;
3348 (iii) 1% to the Exempt Facilities Account; and
3349 (iv) 24% to the Small Issue Bond Account.
3350 (b) From July 1 to September 30 of each year, the board of review may transfer any
3351 unallocated volume cap from the Exempt Facilities Account or the Small Issue Bond Account
3352 to the Pool Account.
3353 (c) Upon written notification by the issuing authorities eligible for volume cap
3354 allocation from the Single Family Housing Account or the Student Loan Account that all or a
3355 portion of volume cap distributed into that allotment account will not be used, the board of
3356 review may transfer the unused volume cap [
3357
3358 (d) From October 1 to the third Friday of December of each year, the board of review
3359 shall transfer all unallocated volume cap into the Pool Account.
3360 (e) On the third Saturday of December of each year, the board of review shall transfer
3361 uncollected volume cap, or allocated volume cap for which bonds have not been issued prior to
3362 the third Saturday of December, into the Carryforward Account.
3363 (f) If the authority to issue bonds designated in any allotment account is rescinded by
3364 amendment to the code, the board of review may transfer any unallocated volume cap from that
3365 allotment account to any other allotment account.
3366 Section 34. Section 35A-8-2203 is amended to read:
3367 35A-8-2203. Duties of the commission.
3368 (1) The commission's duties include:
3369 (a) increasing public and government awareness and understanding of the housing
3370 affordability needs of the state and how those needs may be most effectively and efficiently
3371 met, through empirical study and investigation;
3372 (b) identifying and recommending implementation of specific strategies, policies,
3373 procedures, and programs to address the housing affordability needs of the state;
3374 (c) facilitating the communication and coordination of public and private entities that
3375 are involved in developing, financing, providing, advocating for, and administering affordable
3376 housing in the state;
3377 (d) studying, evaluating, and reporting on the status and effectiveness of policies,
3378 procedures, and programs that address housing affordability in the state;
3379 (e) studying and evaluating the policies, procedures, and programs implemented by
3380 other states that address housing affordability;
3381 (f) providing a forum for public comment on issues related to housing affordability;
3382 [
3383 (g) providing recommendations to the governor and Legislature on strategies, policies,
3384 procedures, and programs to address the housing affordability needs of the state[
3385 (h) on or before December 31, 2022, approving the methodology developed by the
3386 division under Subsection 35A-8-803(1)(a)(ix).
3387 (2) To accomplish its duties, the commission may:
3388 (a) request and receive from a state or local government agency or institution summary
3389 information relating to housing affordability, including:
3390 (i) reports;
3391 (ii) audits;
3392 (iii) projections; and
3393 (iv) statistics; and
3394 (b) appoint one or more advisory groups to advise and assist the commission.
3395 (3) (a) A member of an advisory group described in Subsection (2)(b):
3396 (i) shall be appointed by the commission;
3397 (ii) may be:
3398 (A) a member of the commission; or
3399 (B) an individual from the private or public sector; and
3400 (iii) notwithstanding Section 35A-8-2202, may not receive reimbursement or pay for
3401 any work done in relation to the advisory group.
3402 (b) An advisory group described in Subsection (2)(b) shall report to the commission on
3403 the progress of the advisory group.
3404 Section 35. Section 63J-4-802 is amended to read:
3405 63J-4-802. Creation of COVID-19 Local Assistance Matching Grant Program --
3406 Eligibility -- Duties of the office.
3407 (1) There is established a grant program known as COVID-19 Local Assistance
3408 Matching Grant Program that is administered by the office.
3409 (2) The office shall award financial grants to local governments that meet the
3410 qualifications described in Subsection (3) to provide support for:
3411 (a) projects or services that address the economic impacts of the COVID-19 emergency
3412 on housing insecurity, lack of affordable housing, or homelessness;
3413 (b) costs incurred in addressing public health challenges resulting from the COVID-19
3414 emergency;
3415 (c) necessary investments in water and sewer infrastructure; or
3416 (d) any other purpose authorized under the American Rescue Plan Act.
3417 (3) To be eligible for a grant under this part, a local government shall:
3418 (a) provide matching funds in an amount determined by the office; and
3419 (b) certify that the local government will spend grant funds:
3420 (i) on a purpose described in Subsection (2);
3421 (ii) within the time period determined by the office; and
3422 (iii) in accordance with the American Rescue Plan Act.
3423 (4) As soon as is practicable, but on or before September 15, 2021, the office shall,
3424 with recommendations from the review committee, establish:
3425 (a) procedures for applying for and awarding grants under this part, using an online
3426 grants management system that:
3427 (i) manages each grant throughout the duration of the grant;
3428 (ii) allows for:
3429 (A) online submission of grant applications; and
3430 (B) auditing and reporting for a local government that receives grant funds; and
3431 (iii) generates reports containing information about each grant;
3432 (b) criteria for awarding grants; and
3433 (c) reporting requirements for grant recipients.
3434 (5) Subject to appropriation, the office shall award grant funds on a competitive basis
3435 until December 31, 2024.
3436 (6) If the office receives a notice of prioritization for a municipality as described in
3437 Subsection 10-9a-408(5), or a notice of prioritization for a county as described in Subsection
3438 17-27a-408(5), the office may prioritize the awarding of a financial grant under this section to
3439 the municipality or county during the fiscal year specified in the notice.
3440 (7) If the office receives a notice of ineligibility for a municipality as described in
3441 Subsection 10-9a-408(7), or a notice of ineligibility for a county as described in Subsection
3442 17-27a-408(7), the office may not award a financial grant under this section to the municipality
3443 or county during the fiscal year specified in the notice.
3444 [
3445 submit a report to the Executive Appropriations Committee that includes:
3446 (a) a summary of the procedures, criteria, and requirements established under
3447 Subsection (4);
3448 (b) a summary of the recommendations of the review committee under Section
3449 63J-4-803;
3450 (c) the number of applications submitted under the grant program during the previous
3451 year;
3452 (d) the number of grants awarded under the grant program during the previous year;
3453 (e) the aggregate amount of grant funds awarded under the grant program during the
3454 previous year; and
3455 (f) any other information the office considers relevant to evaluating the success of the
3456 grant program.
3457 [
3458 program to pay for administrative costs.
3459 Section 36. Section 63L-12-101 is enacted to read:
3460
3461
3462 63L-12-101. Definitions.
3463 As used in this chapter:
3464 (1) "Governmental entity" means:
3465 (a) an agency, as that term is defined in Section 63G-10-102;
3466 (b) the School and Institutional Trust Lands Administration created in Section
3467 53C-1-201;
3468 (c) the School and Institutional Trust Lands Board of Trustees created in Section
3469 53C-1-202; or
3470 (d) a political subdivision, as that term is defined in Section 63L-11-102.
3471 (2) "Moderate income housing" means housing occupied or reserved for occupancy by
3472 households with a gross household income equal to or less than 80% of the median gross
3473 income for households of the same size in the county in which the housing is located.
3474 (3) "Municipality" means the same as that term is defined in Section 10-1-104.
3475 Section 37. Section 63L-12-102, which is renumbered from Section 10-8-501 is
3476 renumbered and amended to read:
3477 [
3478 [
3479
3480
3481
3482 [
3483
3484 [
3485
3486
3487 housing on the real property.
3488 [
3489 (2) A governmental entity shall ensure that real property granted [
3490 under Subsection [
3491 least 30 years after the day on which each [
3492 completed and occupied.
3493 [
3494 property under this section shall comply with:
3495 (a) the provisions of Title 78B, Chapter 6, Part 5, Eminent Domain[
3496 (b) Subsection 10-8-2(4), if a municipality is granting real property under this section;
3497 (c) Subsection 17-50-312(5), if a county is granting real property under this section;
3498 and
3499 (d) except as provided in Subsection (4), any other applicable provisions of law that
3500 govern the granting of real property by the governmental entity.
3501 [
3502 provisions of Subsection 10-8-2(3).
3503 Section 38. Section 63N-3-113 is enacted to read:
3504 63N-3-113. Financial assistance to entities offering technical assistance to
3505 municipalities in connection with planning.
3506 (1) The administrator may provide money from the Industrial Assistance Account to an
3507 entity offering technical assistance to a municipality in connection with planning for housing,
3508 transportation, and growth.
3509 (2) As part of an application for receiving money under this section, an applicant shall:
3510 (a) describe the activities the entity will undertake to provide technical assistance to a
3511 municipality in connection with planning for housing, transportation, and growth; and
3512 (b) satisfy other criteria the administrator considers appropriate.
3513 (3) Before awarding any money under this section, the administrator shall:
3514 (a) make findings as to whether an applicant has satisfied the requirements of
3515 Subsection (2);
3516 (b) establish benchmarks and timeframes in which progress toward the completion of
3517 the agreed upon activities are to occur;
3518 (c) monitor compliance by an applicant with any contract or agreement entered into by
3519 the applicant and the state as provided by Section 63N-3-107; and
3520 (d) make funding decisions based upon appropriate findings and compliance.
3521 Section 39. Section 63N-3-603 is amended to read:
3522 63N-3-603. Applicability, requirements, and limitations on a housing and transit
3523 reinvestment zone.
3524 (1) A housing and transit reinvestment zone proposal created under this part shall
3525 promote the following objectives:
3526 (a) higher utilization of public transit;
3527 (b) increasing availability of housing, including affordable housing;
3528 (c) conservation of water resources through efficient land use;
3529 (d) improving air quality by reducing fuel consumption and motor vehicle trips;
3530 (e) encouraging transformative mixed-use development and investment in
3531 transportation and public transit infrastructure in strategic areas;
3532 (f) strategic land use and municipal planning in major transit investment corridors as
3533 described in Subsection 10-9a-403(2); and
3534 (g) increasing access to employment and educational opportunities.
3535 (2) In order to accomplish the objectives described in Subsection (1), a municipality or
3536 public transit county that initiates the process to create a housing and transit reinvestment zone
3537 as described in this part shall ensure that the proposal for a housing and transit reinvestment
3538 zone includes:
3539 (a) except as provided in Subsection (3), at least 10% of the proposed housing units
3540 within the housing and transit reinvestment zone are affordable housing units;
3541 (b) a dedication of at least 51% of the developable area within the housing and transit
3542 reinvestment zone to residential development with an average of 50 multi-family dwelling
3543 units per acre or greater; and
3544 (c) mixed-use development.
3545 (3) A municipality or public transit county that, at the time the housing and transit
3546 reinvestment zone proposal is approved by the housing and transit reinvestment zone
3547 committee, meets the affordable housing guidelines of the United States Department of
3548 Housing and Urban Development at 60% area median income is exempt from the requirement
3549 described in Subsection (2)(a).
3550 (4) A municipality or public transit county may only propose a housing and transit
3551 reinvestment zone that:
3552 (a) subject to Subsection (5):
3553 (i) (A) for a municipality, does not exceed a 1/3 mile radius of a commuter rail station;
3554 or
3555 (B) for a public transit county, does not exceed a 1/3 mile radius of a public transit
3556 hub; and
3557 (ii) has a total area of no more than 125 noncontiguous square acres;
3558 (b) subject to Section 63N-3-607, proposes the capture of a maximum of 80% of each
3559 taxing entity's tax increment above the base year for a term of no more than 25 consecutive
3560 years on each parcel within a 45-year period not to exceed the tax increment amount approved
3561 in the housing and transit reinvestment zone proposal; and
3562 (c) the commencement of collection of tax increment, for all or a portion of the
3563 housing and transit reinvestment zone, will be triggered by providing notice as described in
3564 Subsection (6).
3565 (5) If a parcel is bisected by the 1/3 mile radius, the full parcel may be included as part
3566 of the housing and transit reinvestment zone area and will not count against the limitations
3567 described in Subsection (4)(a).
3568 (6) The notice of commencement of collection of tax increment required in Subsection
3569 (4)(c) shall be sent by mail or electronically to:
3570 (a) the tax commission;
3571 (b) the State Board of Education;
3572 (c) the state auditor;
3573 (d) the auditor of the county in which the housing and transit reinvestment zone is
3574 located;
3575 (e) each taxing entity affected by the collection of tax increment from the housing and
3576 transit reinvestment zone; and
3577 (f) the Governor's Office of Economic Opportunity.
3578 (7) (a) This Subsection (7) applies to a specified county, as defined in Section
3579 17-27a-408, that has created a small public transit district on or before January 1, 2022.
3580 (b) A county described in Subsection (7)(a) shall, in accordance with Section
3581 63N-3-604, prepare and submit to the Governor's Office of Economic Opportunity a proposal
3582 to create a housing and transit reinvestment zone on or before December 31, 2022.
3583 Section 40. Section 72-1-304 is amended to read:
3584 72-1-304. Written project prioritization process for new transportation capacity
3585 projects -- Rulemaking.
3586 (1) (a) The Transportation Commission, in consultation with the department and the
3587 metropolitan planning organizations as defined in Section 72-1-208.5, shall develop a written
3588 prioritization process for the prioritization of:
3589 (i) new transportation capacity projects that are or will be part of the state highway
3590 system under Chapter 4, Part 1, State Highways;
3591 (ii) paved pedestrian or paved nonmotorized transportation projects that:
3592 (A) mitigate traffic congestion on the state highway system; and
3593 (B) are part of an active transportation plan approved by the department;
3594 (iii) public transit projects that directly add capacity to the public transit systems within
3595 the state, not including facilities ancillary to the public transit system; and
3596 (iv) pedestrian or nonmotorized transportation projects that provide connection to a
3597 public transit system.
3598 (b) (i) A local government or district may nominate a project for prioritization in
3599 accordance with the process established by the commission in rule.
3600 (ii) If a local government or district nominates a project for prioritization by the
3601 commission, the local government or district shall provide data and evidence to show that:
3602 (A) the project will advance the purposes and goals described in Section 72-1-211;
3603 (B) for a public transit project, the local government or district has an ongoing funding
3604 source for operations and maintenance of the proposed development; and
3605 (C) the local government or district will provide 40% of the costs for the project as
3606 required by Subsection 72-2-124(4)(a)(viii) or 72-2-124(9)(e).
3607 (2) The following shall be included in the written prioritization process under
3608 Subsection (1):
3609 (a) a description of how the strategic initiatives of the department adopted under
3610 Section 72-1-211 are advanced by the written prioritization process;
3611 (b) a definition of the type of projects to which the written prioritization process
3612 applies;
3613 (c) specification of a weighted criteria system that is used to rank proposed projects
3614 and how it will be used to determine which projects will be prioritized;
3615 (d) specification of the data that is necessary to apply the weighted ranking criteria; and
3616 (e) any other provisions the commission considers appropriate, which may include
3617 consideration of:
3618 (i) regional and statewide economic development impacts, including improved local
3619 access to:
3620 (A) employment;
3621 (B) educational facilities;
3622 (C) recreation;
3623 (D) commerce; and
3624 (E) residential areas, including moderate income housing as demonstrated in the local
3625 government's or district's general plan pursuant to Section 10-9a-403 or 17-27a-403;
3626 (ii) the extent to which local land use plans relevant to a project support and
3627 accomplish the strategic initiatives adopted under Section 72-1-211; and
3628 (iii) any matching funds provided by a political subdivision or public transit district in
3629 addition to the 40% required by Subsections 72-2-124(4)(a)(viii) and 72-2-124(9)(e).
3630 (3) (a) When prioritizing a public transit project that increases capacity, the
3631 commission:
3632 (i) may give priority consideration to projects that are part of a transit-oriented
3633 development or transit-supportive development as defined in Section 17B-2a-802; and
3634 (ii) shall give priority consideration to projects that are within the boundaries of a
3635 housing and transit reinvestment zone created pursuant to Title 63N, Chapter 3, Part 6,
3636 Housing and Transit Reinvestment Zone Act.
3637 (b) When prioritizing a transportation project that increases capacity, the commission
3638 may give priority consideration to projects that are:
3639 (i) part of a transportation reinvestment zone created under Section 11-13-227 if:
3640 (A) the state is a participant in the transportation reinvestment zone; or
3641 (B) the commission finds that the transportation reinvestment zone provides a benefit
3642 to the state transportation system; or
3643 (ii) within the boundaries of a housing and transit reinvestment zone created pursuant
3644 to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act.
3645 (c) If the department receives a notice of prioritization for a municipality as described
3646 in Subsection 10-9a-408(5), or a notice of prioritization for a county as described in Subsection
3647 17-27a-408(5), the commission may, during the fiscal year specified in the notice, give priority
3648 consideration to transportation projects that are within the boundaries of the municipality or the
3649 unincorporated areas of the county.
3650 (4) In developing the written prioritization process, the commission:
3651 (a) shall seek and consider public comment by holding public meetings at locations
3652 throughout the state; and
3653 (b) may not consider local matching dollars as provided under Section 72-2-123 unless
3654 the state provides an equal opportunity to raise local matching dollars for state highway
3655 improvements within each county.
3656 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3657 Transportation Commission, in consultation with the department, shall make rules establishing
3658 the written prioritization process under Subsection (1).
3659 (6) The commission shall submit the proposed rules under this section to a committee
3660 or task force designated by the Legislative Management Committee for review prior to taking
3661 final action on the proposed rules or any proposed amendment to the rules described in
3662 Subsection (5).
3663 Section 41. Section 72-2-124 is amended to read:
3664 72-2-124. Transportation Investment Fund of 2005.
3665 (1) There is created a capital projects fund entitled the Transportation Investment Fund
3666 of 2005.
3667 (2) The fund consists of money generated from the following sources:
3668 (a) any voluntary contributions received for the maintenance, construction,
3669 reconstruction, or renovation of state and federal highways;
3670 (b) appropriations made to the fund by the Legislature;
3671 (c) registration fees designated under Section 41-1a-1201;
3672 (d) the sales and use tax revenues deposited into the fund in accordance with Section
3673 59-12-103; and
3674 (e) revenues transferred to the fund in accordance with Section 72-2-106.
3675 (3) (a) The fund shall earn interest.
3676 (b) All interest earned on fund money shall be deposited into the fund.
3677 (4) (a) Except as provided in Subsection (4)(b), the executive director may only use
3678 fund money to pay:
3679 (i) the costs of maintenance, construction, reconstruction, or renovation to state and
3680 federal highways prioritized by the Transportation Commission through the prioritization
3681 process for new transportation capacity projects adopted under Section 72-1-304;
3682 (ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
3683 projects described in Subsections 63B-18-401(2), (3), and (4);
3684 (iii) principal, interest, and issuance costs of bonds authorized by Section 63B-18-401
3685 minus the costs paid from the County of the First Class Highway Projects Fund in accordance
3686 with Subsection 72-2-121(4)(e);
3687 (iv) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010 Salt
3688 Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the amount certified
3689 by Salt Lake County in accordance with Subsection 72-2-121.3(4)(c) as necessary to pay the
3690 debt service on $30,000,000 of the revenue bonds issued by Salt Lake County;
3691 (v) principal, interest, and issuance costs of bonds authorized by Section 63B-16-101
3692 for projects prioritized in accordance with Section 72-2-125;
3693 (vi) all highway general obligation bonds that are intended to be paid from revenues in
3694 the Centennial Highway Fund created by Section 72-2-118;
3695 (vii) for fiscal year 2015-16 only, to transfer $25,000,000 to the County of the First
3696 Class Highway Projects Fund created in Section 72-2-121 to be used for the purposes described
3697 in Section 72-2-121;
3698 (viii) if a political subdivision provides a contribution equal to or greater than 40% of
3699 the costs needed for construction, reconstruction, or renovation of paved pedestrian or paved
3700 nonmotorized transportation for projects that:
3701 (A) mitigate traffic congestion on the state highway system;
3702 (B) are part of an active transportation plan approved by the department; and
3703 (C) are prioritized by the commission through the prioritization process for new
3704 transportation capacity projects adopted under Section 72-1-304;
3705 (ix) $705,000,000 for the costs of right-of-way acquisition, construction,
3706 reconstruction, or renovation of or improvement to the following projects:
3707 (A) the connector road between Main Street and 1600 North in the city of Vineyard;
3708 (B) Geneva Road from University Parkway to 1800 South;
3709 (C) the SR-97 interchange at 5600 South on I-15;
3710 (D) two lanes on U-111 from Herriman Parkway to 11800 South;
3711 (E) widening I-15 between mileposts 10 and 13 and the interchange at milepost 11;
3712 (F) improvements to 1600 North in Orem from 1200 West to State Street;
3713 (G) widening I-15 between mileposts 6 and 8;
3714 (H) widening 1600 South from Main Street in the city of Spanish Fork to SR-51;
3715 (I) widening US 6 from Sheep Creek to Mill Fork between mileposts 195 and 197 in
3716 Spanish Fork Canyon;
3717 (J) I-15 northbound between mileposts 43 and 56;
3718 (K) a passing lane on SR-132 between mileposts 41.1 and 43.7 between mileposts 43
3719 and 45.1;
3720 (L) east Zion SR-9 improvements;
3721 (M) Toquerville Parkway;
3722 (N) an environmental study on Foothill Boulevard in the city of Saratoga Springs;
3723 (O) for construction of an interchange on Bangerter Highway at 13400 South; and
3724 (P) an environmental impact study for Kimball Junction in Summit County; and
3725 (x) $28,000,000 as pass-through funds, to be distributed as necessary to pay project
3726 costs based upon a statement of cash flow that the local jurisdiction where the project is located
3727 provides to the department demonstrating the need for money for the project, for the following
3728 projects in the following amounts:
3729 (A) $5,000,000 for Payson Main Street repair and replacement;
3730 (B) $8,000,000 for a Bluffdale 14600 South railroad bypass;
3731 (C) $5,000,000 for improvements to 4700 South in Taylorsville; and
3732 (D) $10,000,000 for improvements to the west side frontage roads adjacent to U.S. 40
3733 between mile markers 7 and 10.
3734 (b) The executive director may use fund money to exchange for an equal or greater
3735 amount of federal transportation funds to be used as provided in Subsection (4)(a).
3736 (5) (a) Except as provided in Subsection (5)(b), if the department receives a notice of
3737 ineligibility for a municipality as described in Subsection 10-9a-408(7), the executive director
3738 may not program fund money to a project prioritized by the commission under Section
3739 72-1-304, including fund money from the Transit Transportation Investment Fund, within the
3740 boundaries of [
3741
3742
3743
3744
3745
3746 municipality during the fiscal year specified in the notice.
3747 [
3748
3749
3750
3751
3752
3753 (b) Within the boundaries of a municipality described in Subsection (5)(a), the
3754 executive director:
3755 (i) may program fund money in accordance with Subsection (4)(a) for a limited-access
3756 facility or interchange connecting limited-access facilities;
3757 (ii) may not program fund money for the construction, reconstruction, or renovation of
3758 an interchange on a limited-access facility;
3759 (iii) may program Transit Transportation Investment Fund money for a
3760 multi-community fixed guideway public transportation project; and
3761 (iv) may not program Transit Transportation Investment Fund money for the
3762 construction, reconstruction, or renovation of a station that is part of a fixed guideway public
3763 transportation project.
3764 (c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive
3765 director before [
3766 Section 72-1-304.
3767 (6) (a) Except as provided in Subsection (6)(b), if the department receives a notice of
3768 ineligibility for a county as described in Subsection 17-27a-408(7), the executive director may
3769 not program fund money to a project prioritized by the commission under Section 72-1-304,
3770 including fund money from the Transit Transportation Investment Fund, within the boundaries
3771 of the unincorporated area of [
3772
3773
3774
3775
3776
3777
3778 [
3779
3780
3781
3782
3783
3784 (b) Within the boundaries of the unincorporated area of a county described in
3785 Subsection (6)(a), the executive director:
3786 (i) may program fund money in accordance with Subsection (4)(a) for a limited-access
3787 facility to a project prioritized by the commission under Section 72-1-304;
3788 (ii) may not program fund money for the construction, reconstruction, or renovation of
3789 an interchange on a limited-access facility;
3790 (iii) may program Transit Transportation Investment Fund money for a
3791 multi-community fixed guideway public transportation project; and
3792 (iv) may not program Transit Transportation Investment Fund money for the
3793 construction, reconstruction, or renovation of a station that is part of a fixed guideway public
3794 transportation project.
3795 (c) Subsections [
3796 executive director before July 1, [
3797 Section 72-1-304.
3798 (7) (a) Before bonds authorized by Section 63B-18-401 or 63B-27-101 may be issued
3799 in any fiscal year, the department and the commission shall appear before the Executive
3800 Appropriations Committee of the Legislature and present the amount of bond proceeds that the
3801 department needs to provide funding for the projects identified in Subsections 63B-18-401(2),
3802 (3), and (4) or Subsection 63B-27-101(2) for the current or next fiscal year.
3803 (b) The Executive Appropriations Committee of the Legislature shall review and
3804 comment on the amount of bond proceeds needed to fund the projects.
3805 (8) The Division of Finance shall, from money deposited into the fund, transfer the
3806 amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
3807 Section 63B-18-401 or 63B-27-101 in the current fiscal year to the appropriate debt service or
3808 sinking fund.
3809 (9) (a) There is created in the Transportation Investment Fund of 2005 the Transit
3810 Transportation Investment Fund.
3811 (b) The fund shall be funded by:
3812 (i) contributions deposited into the fund in accordance with Section 59-12-103;
3813 (ii) appropriations into the account by the Legislature;
3814 (iii) deposits of sales and use tax increment related to a housing and transit
3815 reinvestment zone as described in Section 63N-3-610;
3816 (iv) private contributions; and
3817 (v) donations or grants from public or private entities.
3818 (c) (i) The fund shall earn interest.
3819 (ii) All interest earned on fund money shall be deposited into the fund.
3820 (d) Subject to Subsection (9)(e), the Legislature may appropriate money from the fund
3821 for public transit capital development of new capacity projects to be used as prioritized by the
3822 commission through the prioritization process adopted under Section 72-1-304.
3823 (e) (i) The Legislature may only appropriate money from the fund for a public transit
3824 capital development project or pedestrian or nonmotorized transportation project that provides
3825 connection to the public transit system if the public transit district or political subdivision
3826 provides funds of equal to or greater than 40% of the costs needed for the project.
3827 (ii) A public transit district or political subdivision may use money derived from a loan
3828 granted pursuant to Title 72, Chapter 2, Part 2, State Infrastructure Bank Fund, to provide all or
3829 part of the 40% requirement described in Subsection (9)(e)(i) if:
3830 (A) the loan is approved by the commission as required in Title 72, Chapter 2, Part 2,
3831 State Infrastructure Bank Fund; and
3832 (B) the proposed capital project has been prioritized by the commission pursuant to
3833 Section 72-1-303.
3834 (10) (a) There is created in the Transportation Investment Fund of 2005 the
3835 Cottonwood Canyons Transportation Investment Fund.
3836 (b) The fund shall be funded by:
3837 (i) money deposited into the fund in accordance with Section 59-12-103;
3838 (ii) appropriations into the account by the Legislature;
3839 (iii) private contributions; and
3840 (iv) donations or grants from public or private entities.
3841 (c) (i) The fund shall earn interest.
3842 (ii) All interest earned on fund money shall be deposited into the fund.
3843 (d) The Legislature may appropriate money from the fund for public transit or
3844 transportation projects in the Cottonwood Canyons of Salt Lake County.
3845 Section 42. Appropriation.
3846 The following sums of money are appropriated for the fiscal year beginning July 1,
3847 2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
3848 fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
3849 Act, the Legislature appropriates the following sums of money from the funds or accounts
3850 indicated for the use and support of the government of the state of Utah.
3851 ITEM 1
3852 To Department of Workforce Services -- Housing and Community Development
3853 From General Fund, One-time
$500,000
3854 Schedule of Programs:
3855 Housing Development $500,000
3856 The Legislature intends that the Department of Workforce Services use funds
3857 appropriated under this item to develop a statewide database for moderate income housing
3858 units as described in Subsection 35A-8-803(1)(a)(viii).
3859 ITEM 2
3860 To Department of Workforce Services -- Housing and Community Development
3861 From General Fund, One-time
$750,000
3862 Schedule of Programs:
3863 Housing Development $750,000
3864 The Legislature intends that:
3865 (1) the Department of Workforce Services use $375,000 of the funds appropriated
3866 under this item in each of the fiscal years 2023 and 2024 to provide assistance to landlords
3867 under the Department of Workforce Services' Section 8 Landlord Incentive Program; and
3868 (2) under the terms of Section 63J-1-603 of the Utah Code, appropriations under this
3869 item not lapse at the close of fiscal year 2023.
3870 ITEM 3
3871 To Department of Workforce Services -- Administration
3872 From General Fund
$132,000
3873 Schedule of Programs:
3874 Administrative Support $132,000
3875 The Legislature intends that the Department of Workforce Services use funds
3876 appropriated under this item to hire one full-time equivalent employee.
3877 ITEM 4
3878 To Department of Workforce Services -- Housing and Community Development
3879 From General Fund, One-time
$250,000
3880 Schedule of Programs:
3881 Housing Development $250,000
3882 The Legislature intends that:
3883 (1) the Department of Workforce Services distribute funds appropriated under this item
3884 to a nonprofit entity in the state that provides training and education on land use law;
3885 (2) the Department of Workforce Services follow the provisions of Title 63G, Chapter
3886 6a, Utah Procurement Code, in selecting the recipient entity; and
3887 (3) the recipient entity use funds distributed from the Department of Workforce
3888 Services under this item to provide regional land use training and workshops to local officials
3889 and policymakers on housing issues.
3890 ITEM 5
3891 To Department of Workforce Services -- Housing and Community Development
3892 From General Fund, One-time
$250,000
3893 Schedule of Programs:
3894 Housing Development $250,000
3895 The Legislature intends that:
3896 (1) the Department of Workforce Services distribute funds appropriated under this item
3897 to a nonprofit entity in the state that engages in efforts to increase housing affordability through
3898 local zoning and housing regulation reform; and
3899 (2) the Department of Workforce Services follow the provisions of Title 63G, Chapter
3900 6a, Utah Procurement Code, in selecting the recipient entity.
3901 Section 43. Effective date.
3902 This bill takes effect on June 1, 2022.
3903 Section 44. Coordinating H.B. 462 with H.B. 303 -- Substantive amendment.
3904 If this H.B. 462 and H.B. 303, Local Land Use Amendments, both pass and become
3905 law, it is the intent of the Legislature that the Office of Legislative Research and General
3906 Counsel on June 1, 2022, prepare the Utah Code database for publication by amending
3907 Subsection 10-9a-403(2)(b)(iii)(K) in H.B. 462 to read:
3908 "[
3909 utilizing a landlord incentive program, providing for deed restricted units through a grant
3910 program, or, notwithstanding Section 10-9a-535, establishing a housing loss mitigation fund;".