Senator Jacob L. Anderegg proposes the following substitute bill:


1     
COMMISSION ON HOUSING AFFORDABILITY

2     
AMENDMENTS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Steve Waldrip

6     
Senate Sponsor: Jacob L. Anderegg

7     

8     LONG TITLE
9     General Description:
10          This bill addresses the Commission on Housing Affordability within the Department of
11     Workforce Services.
12     Highlighted Provisions:
13          This bill:
14          ▸     repeals the sunset date for the Commission on Housing Affordability (commission);
15          ▸     modifies the membership and duties of the commission; and
16          ▸     provides that the commission serves as a subcommittee of the Unified Economic
17     Opportunity Commission.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          35A-8-2202, as enacted by Laws of Utah 2018, Chapter 392
25          35A-8-2203, as enacted by Laws of Utah 2018, Chapter 392
26          63I-1-235, as last amended by Laws of Utah 2021, Chapters 28 and 282
27          63N-1b-102, as enacted by Laws of Utah 2021, Chapter 282
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 35A-8-2202 is amended to read:
31          35A-8-2202. Commission on Housing Affordability.
32          (1) There is created within the department the Commission on Housing Affordability.
33          (2) The commission shall consist of [20] 21 members as follows:
34          (a) one senator appointed by the president of the Senate;
35          (b) two representatives appointed by the speaker of the House of Representatives;
36          (c) the executive director of the department or the executive director's designee;
37          (d) the director of the division;
38          (e) the executive director of the Governor's Office of Economic Opportunity or the
39     executive director's designee;
40          (f) the president of the Utah Transit Authority or the president's designee;
41          (g) the [president] chair of the board of trustees of the Utah Housing Corporation or the
42     [president's] chair's designee; [and]
43          (h) the state homelessness coordinator appointed under Section 63J-4-202 or the state
44     homelessness coordinator's designee; and
45          [(h)] (i) 12 members appointed by the governor as follows:
46          (i) one individual representing the land development community with experience and
47     expertise in affordable, subsidized multi-family development, recommended by the Utah
48     Homebuilders Association;
49          (ii) one individual representing the real estate industry, recommended by the Utah
50     Association of Realtors;
51          (iii) one individual representing the banking industry, recommended by the Utah
52     Bankers Association;
53          (iv) one individual representing public housing authorities, recommended by the
54     director of the division;
55          (v) two individuals representing municipal government, recommended by the Utah
56     League of Cities and Towns;
57          (vi) one individual representing redevelopment agencies and community reinvestment
58     agencies, recommended by the Utah Redevelopment Association;
59          (vii) two individuals representing county government, recommended by the Utah
60     Association of Counties, where:
61          (A) one of the individuals is from a county of the first class; and
62          (B) one of the individuals is from a county of the third, fourth, fifth, or sixth class;
63          (viii) one individual representing a nonprofit organization that addresses issues related
64     to housing affordability;
65          (ix) one individual with expertise on housing affordability issues in rural communities;
66     and
67          (x) one individual representing the Salt Lake Chamber, recommended by the Salt Lake
68     Chamber.
69          (3) (a) When a vacancy occurs in a position appointed by the governor under
70     Subsection (2)(h), the governor shall appoint a person to fill the vacancy.
71          (b) Members appointed under Subsection (2)(h) may be removed by the governor for
72     cause.
73          (c) A member appointed under Subsection (2)(h) shall be removed from the
74     commission and replaced by an appointee of the governor if the member is absent for three
75     consecutive meetings of the commission without being excused by a cochair of the
76     commission.
77          (d) A member serves until the member's successor is appointed.
78          (4) (a) The commission shall select two members to serve as cochairs, one of whom
79     shall be a legislator.
80          (b) Subject to the other provisions of this Subsection (4), the cochairs are responsible
81     for the call and conduct of meetings.
82          (c) The cochairs shall call and hold meetings of the commission at least four times each
83     year.
84          (d) One or more additional meetings may be called upon request by a majority of the
85     commission's members.
86          (5) (a) A majority of the members of the commission constitutes a quorum.
87          (b) The action of a majority of a quorum constitutes the action of the commission.
88          (6) (a) A member of the commission described in Subsections (2)(c) through (h) may
89     not receive compensation or benefits for the member's service, but may receive per diem and
90     travel expenses in accordance with:
91          (i) Section 63A-3-106;
92          (ii) Section 63A-3-107; and
93          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
94     63A-3-107.
95          (b) Compensation and expenses of a member who is a legislator are governed by
96     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
97          (7) The division shall provide staff support to the commission.
98          Section 2. Section 35A-8-2203 is amended to read:
99          35A-8-2203. Duties of the commission.
100          (1) The [commission's duties include] commission shall:
101          (a) serve as a subcommittee of the Unified Economic Opportunity Commission and
102     assist the Unified Economic Opportunity Commission in performing the Unified Economic
103     Opportunity Commission's duties under Section 63N-1a-202;
104          [(a)] (b) [increasing] increase public and government awareness and understanding of
105     the housing affordability needs of the state and how those needs may be most effectively and
106     efficiently met, through empirical study and investigation;
107          [(b)] (c) [identifying] identify and [recommending] recommend implementation of
108     specific strategies, policies, procedures, and programs to address the housing affordability
109     needs of the state;
110          [(c)] (d) [facilitating] facilitate the communication and coordination of public and
111     private entities that are involved in developing, financing, providing, advocating for, and
112     administering affordable housing in the state;
113          [(d)] (e) [studying, evaluating, and reporting] study, evaluate, and report on the status
114     and effectiveness of policies, procedures, and programs that address housing affordability in
115     the state;
116          [(e)] (f) [studying and evaluating] study and evaluate the policies, procedures, and
117     programs implemented by other states that address housing affordability;
118          [(f)] (g) [providing] provide a forum for public comment on issues related to housing
119     affordability; and
120          [(g)] (h) [providing] provide recommendations to the [governor] Unified Economic
121     Opportunity Commission and Legislature on strategies, policies, procedures, and programs to
122     address the housing affordability needs of the state.
123          (2) To accomplish its duties, the commission may:
124          (a) request and receive from a state or local government agency or institution summary
125     information relating to housing affordability, including:
126          (i) reports;
127          (ii) audits;
128          (iii) projections; and
129          (iv) statistics; and
130          (b) appoint one or more advisory groups to advise and assist the commission.
131          (3) (a) A member of an advisory group described in Subsection (2)(b):
132          (i) shall be appointed by the commission;
133          (ii) may be:
134          (A) a member of the commission; or
135          (B) an individual from the private or public sector; and
136          (iii) notwithstanding Section 35A-8-2202, may not receive reimbursement or pay for
137     any work done in relation to the advisory group.
138          (b) An advisory group described in Subsection (2)(b) shall report to the commission on
139     the progress of the advisory group.
140          Section 3. Section 63I-1-235 is amended to read:
141          63I-1-235. Repeal dates, Title 35A.
142          (1) Subsection 35A-1-202(2)(d), related to the Child Care Advisory Committee, is
143     repealed July 1, 2026.
144          (2) Section 35A-3-205, which creates the Child Care Advisory Committee, is repealed
145     July 1, 2026.
146          (3) Subsection 35A-4-312(5)(p), describing information that may be disclosed to the
147     federal Wage and Hour Division, is repealed July 1, 2022.
148          (4) Subsection 35A-4-502(5), which creates the Employment Advisory Council, is
149     repealed July 1, 2022.
150          [(5) Title 35A, Chapter 8, Part 22, Commission on Housing Affordability, is repealed
151     July 1, 2023.]
152          [(6)] (5) Section 35A-9-501 is repealed January 1, 2023.
153          [(7)] (6) Title 35A, Chapter 11, Women in the Economy Commission Act, is repealed
154     January 1, 2025.
155          [(8)] (7) Sections 35A-13-301 and 35A-13-302, which create the Governor's
156     Committee on Employment of People with Disabilities, are repealed July 1, 2023.
157          [(9)] (8) Section 35A-13-303, which creates the State Rehabilitation Advisory Council,
158     is repealed July 1, 2024.
159          [(10)] (9) Section 35A-13-404, which creates the advisory council for the Division of
160     Services for the Blind and Visually Impaired, is repealed July 1, 2025.
161          [(11)] (10) Sections 35A-13-603 and 35A-13-604, which create the Interpreter
162     Certification Board, are repealed July 1, 2026.
163          Section 4. Section 63N-1b-102 is amended to read:
164          63N-1b-102. Subcommittees generally.
165          (1) Each subcommittee created under this part or by the commission in accordance
166     with this section serves under the direction of the commission and shall assist the commission
167     in performing the commission's duties.
168          (2) In addition to the subcommittees created under this part, the commission may
169     establish one or more subcommittees to assist and advise the commission on specified topics or
170     issues relevant to the commission's duties, including:
171          (a) rural economic growth;
172          (b) sustainable community growth;
173          (c) small business and entrepreneurism;
174          (d) multicultural economic empowerment; and
175          (e) international relations, trade, and immigration.
176          (3) When establishing a subcommittee under Subsection (2), the commission shall:
177          (a) appoint members to the subcommittee that represent a range of views and expertise;
178     and
179          (b) adopt subcommittee procedures and directives.
180          (4) (a) A member of a subcommittee may not receive compensation or benefits for the
181     member's service, but may receive per diem and travel expenses in accordance with:
182          (i) Section 63A-3-106;
183          (ii) Section 63A-3-107; and
184          (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
185          (b) Compensation and expenses of a subcommittee member who is a legislator are
186     governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
187     Expenses.
188          (5) In addition to the subcommittees created under this part, the Commission on
189     Housing Affordability created in Section 35A-8-2202 shall serve as a subcommittee of the
190     commission and shall assist the commission in performing the commission's duties.