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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 for
17 implementation as part of the moderate income housing element of the political
18 subdivision's general plan;
19 ▸ requires certain political subdivisions to amend the political subdivision's general
20 plan by a specified date if the general plan does not include certain provisions
21 related to moderate income housing;
22 ▸ modifies requirements for a political subdivision's annual moderate income housing
23 report to the Housing and Community Development Division (division) within the
24 Department of Workforce Services (department);
25 ▸ allows a political subdivision to have priority consideration for receiving certain
26 funds if the political subdivision demonstrates plans to implement a certain number
27 of moderate income housing strategies;
28 ▸ prohibits a political subdivision from receiving certain funds if the political
29 subdivision fails to comply with moderate income housing reporting requirements;
30 ▸ requires a political subdivision to require the owner of a dwelling to obtain a license
31 or permit for renting internal accessory dwelling units;
32 ▸ allows a political subdivision to require certain physical changes for internal
33 accessory dwelling units constructed before a specified date;
34 ▸ limits a political subdivision's ability to impose certain requirements on internal
35 accessory dwelling units constructed before a specified date;
36 ▸ prohibits a political subdivision from imposing impact fees for the construction of
37 certain internal accessory dwelling units;
38 ▸ requires the Point of the Mountain State Land Authority to ensure that a certain
39 percentage of the proposed housing units within the point of the mountain state land
40 are dedicated to affordable housing and to report annually to the Unified Economic
41 Opportunity Commission;
42 ▸ requires the division to develop a statewide database of moderate income housing
43 units;
44 ▸ requires the division to develop a methodology for determining whether a political
45 subdivision is complying with certain moderate income housing requirements, to be
46 submitted to and approved by the Commission on Housing Affordability by a
47 certain date;
48 ▸ modifies the membership of the Olene Walker Housing Loan Fund Board;
49 ▸ requires an entity that receives any money from the Olene Walker Housing Loan
50 Fund after a certain date to provide an annual accounting to the department;
51 ▸ repeals certain limits on the amount of money the department may distribute from
52 the Economic Revitalization and Investment Fund;
53 ▸ establishes the Rural Housing Fund, to be used by the division to provide loans for
54 certain moderate income housing projects in rural areas;
55 ▸ allows the department to use a certain amount of money from specified funds to
56 offset administrative costs;
57 ▸ allows the Private Activity Bond Review Board to transfer certain unused allotment
58 account funds to any other allotment account, and exempts such funds from certain
59 set aside requirements;
60 ▸ allows state entities, in addition to political subdivisions, to grant real property for
61 certain developments that include moderate income housing;
62 ▸ repeals provisions that prohibit a political subdivision from adopting certain
63 ordinances related to short-term rentals; and
64 ▸ makes technical and conforming changes.
65 Money Appropriated in this Bill:
66 This bill appropriates in fiscal year 2023:
67 ▸ to Department of Workforce Services -- Housing and Community Development, as
68 a one-time appropriation:
69 • from the General Fund, $500,000;
70 ▸ to Department of Workforce Services -- Housing and Community Development, as
71 a one-time appropriation:
72 • from the General Fund, $750,000;
73 ▸ to Department of Workforce Services -- Olene Walker Housing Loan Fund, as a
74 one-time appropriation:
75 • from the General Fund, $50,000,000;
76 ▸ to Department of Workforce Services -- Housing and Community Development, as
77 an ongoing appropriation:
78 • from the General Fund, $208,000;
79 ▸ to Department of Workforce Services -- Administration, as an ongoing
80 appropriation:
81 • from the General Fund, $132,000;
82 ▸ to Department of Workforce Services -- Housing and Community Development, as
83 a one-time appropriation:
84 • from the General Fund, $250,000;
85 ▸ to Department of Workforce Services -- Housing and Community Development, as
86 a one-time appropriation:
87 • from the General Fund, $250,000;
88 ▸ to Department of Workforce Services -- Rural Housing Fund, as a one-time
89 appropriation:
90 • from the General Fund, $50,000,000; and
91 ▸ to Governor's Office of Economic Opportunity -- Pass-Through, as a one-time
92 appropriation:
93 • from the General Fund, $1,000,000.
94 Other Special Clauses:
95 None
96 Utah Code Sections Affected:
97 AMENDS:
98 10-9a-401, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
99 10-9a-403, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
100 10-9a-404, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
101 10-9a-408, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
102 10-9a-511.5, as last amended by Laws of Utah 2021, Chapter 102
103 10-9a-530, as enacted by Laws of Utah 2021, Chapter 102
104 11-36a-202, as last amended by Laws of Utah 2021, Chapter 35
105 11-59-203, as enacted by Laws of Utah 2018, Chapter 388
106 17-27a-401, as last amended by Laws of Utah 2021, Chapter 363
107 17-27a-403, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
108 17-27a-404, as last amended by Laws of Utah 2021, Chapters 84, 345, and 355
109 17-27a-408, as last amended by Laws of Utah 2020, Chapter 434
110 17-27a-510.5, as last amended by Laws of Utah 2021, Chapter 102
111 17-27a-526, as enacted by Laws of Utah 2021, Chapter 102
112 35A-8-101, as last amended by Laws of Utah 2021, Chapter 281
113 35A-8-503, as last amended by Laws of Utah 2019, Chapter 327
114 35A-8-504, as last amended by Laws of Utah 2020, Chapter 241
115 35A-8-507.5, as enacted by Laws of Utah 2021, Chapter 333
116 35A-8-508, as last amended by Laws of Utah 2014, Chapter 371
117 35A-8-509, as enacted by Laws of Utah 2017, Chapter 279
118 35A-8-510, as enacted by Laws of Utah 2017, Chapter 279
119 35A-8-511, as enacted by Laws of Utah 2017, Chapter 279
120 35A-8-512, as enacted by Laws of Utah 2017, Chapter 279
121 35A-8-513, as enacted by Laws of Utah 2017, Chapter 279
122 35A-8-803, as last amended by Laws of Utah 2019, Chapter 327
123 35A-8-2105, as renumbered and amended by Laws of Utah 2018, Chapter 182
124 35A-8-2106, as renumbered and amended by Laws of Utah 2018, Chapter 182
125 35A-8-2203, as enacted by Laws of Utah 2018, Chapter 392
126 63J-4-802, as enacted by Laws of Utah 2021, First Special Session, Chapter 4
127 72-2-124, as last amended by Laws of Utah 2021, Chapters 239, 387, and 411
128 ENACTS:
129 35A-8-509.5, Utah Code Annotated 1953
130 63L-12-101, Utah Code Annotated 1953
131 RENUMBERS AND AMENDS:
132 63L-12-102, (Renumbered from 10-8-501, as enacted by Laws of Utah 2021, Chapter
133 333)
134 REPEALS:
135 10-8-85.4, as last amended by Laws of Utah 2021, Chapter 102
136 17-50-338, as last amended by Laws of Utah 2021, Chapter 102
137
138 Be it enacted by the Legislature of the state of Utah:
139 Section 1. Section 10-9a-401 is amended to read:
140 10-9a-401. General plan required -- Content.
141 (1) In order to accomplish the purposes of this chapter, each municipality shall prepare
142 and adopt a comprehensive, long-range general plan for:
143 (a) present and future needs of the municipality; and
144 (b) growth and development of all or any part of the land within the municipality.
145 (2) The general plan may provide for:
146 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
147 activities, aesthetics, and recreational, educational, and cultural opportunities;
148 (b) the reduction of the waste of physical, financial, or human resources that result
149 from either excessive congestion or excessive scattering of population;
150 (c) the efficient and economical use, conservation, and production of the supply of:
151 (i) food and water; and
152 (ii) drainage, sanitary, and other facilities and resources;
153 (d) the use of energy conservation and solar and renewable energy resources;
154 (e) the protection of urban development;
155 (f) if the municipality is a town, the protection or promotion of moderate income
156 housing;
157 (g) the protection and promotion of air quality;
158 (h) historic preservation;
159 (i) identifying future uses of land that are likely to require an expansion or significant
160 modification of services or facilities provided by each affected entity; and
161 (j) an official map.
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177 (3) (a) The general plan of a specified municipality, as defined in Section 10-9a-408,
178 shall include a moderate income housing element that meets the requirements of Subsection
179 10-9a-403(2)(a)(iii).
180 (b) On or before October 1, 2022, a specified municipality, as defined in Section
181 10-9a-408, with a general plan that does not comply with Subsection (3)(a) shall amend the
182 general plan to comply with Subsection (3)(a).
183 (4) Subject to Subsection 10-9a-403(2), the municipality may determine the
184 comprehensiveness, extent, and format of the general plan.
185 Section 2. Section 10-9a-403 is amended to read:
186 10-9a-403. General plan preparation.
187 (1) (a) The planning commission shall provide notice, as provided in Section
188 10-9a-203, of [
189 municipal legislative body for a general plan or a comprehensive general plan amendment
190 when the planning commission initiates the process of preparing [
191 commission's recommendation.
192 (b) The planning commission shall make and recommend to the legislative body a
193 proposed general plan for the area within the municipality.
194 (c) The plan may include areas outside the boundaries of the municipality if, in the
195 planning commission's judgment, those areas are related to the planning of the municipality's
196 territory.
197 (d) Except as otherwise provided by law or with respect to a municipality's power of
198 eminent domain, when the plan of a municipality involves territory outside the boundaries of
199 the municipality, the municipality may not take action affecting that territory without the
200 concurrence of the county or other municipalities affected.
201 (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
202 and descriptive and explanatory matter, shall include the planning commission's
203 recommendations for the following plan elements:
204 (i) a land use element that:
205 (A) designates the long-term goals and the proposed extent, general distribution, and
206 location of land for housing for residents of various income levels, business, industry,
207 agriculture, recreation, education, public buildings and grounds, open space, and other
208 categories of public and private uses of land as appropriate; and
209 (B) [
210 population density and building intensity recommended for the various land use categories
211 covered by the plan;
212 (ii) a transportation and traffic circulation element that:
213 (A) provides the general location and extent of existing and proposed freeways, arterial
214 and collector streets, public transit, active transportation facilities, and other modes of
215 transportation that the planning commission considers appropriate;
216 (B) for a municipality that has access to a major transit investment corridor, addresses
217 the municipality's plan for residential and commercial development around major transit
218 investment corridors to maintain and improve the connections between housing, employment,
219 education, recreation, and commerce;
220 (C) for a municipality that does not have access to a major transit investment corridor,
221 addresses the municipality's plan for residential and commercial development in areas that will
222 maintain and improve the connections between housing, transportation, employment,
223 education, recreation, and commerce; and
224 (D) correlates with the population projections, the employment projections, and the
225 proposed land use element of the general plan; and
226 [
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228 (iii) for a specified municipality as defined in Section 10-9a-408, a moderate income
229 housing element that:
230 (A) provides a realistic opportunity to meet the need for additional moderate income
231 housing within the next five years;
232 (B) selects three or more moderate income housing strategies described in Subsection
233 (2)(b)(iii) for implementation, including one additional moderate income housing strategy as
234 provided in Subsection (2)(b)(iv) for a specified municipality that has a fixed guideway public
235 transit station; and
236 (C) includes an implementation plan as provided in Subsection (2)(c).
237 (b) In drafting the moderate income housing element, the planning commission:
238 (i) shall consider the Legislature's determination that municipalities shall facilitate a
239 reasonable opportunity for a variety of housing, including moderate income housing:
240 (A) to meet the needs of people of various income levels living, working, or desiring to
241 live or work in the community; and
242 (B) to allow people with various incomes to benefit from and fully participate in all
243 aspects of neighborhood and community life;
244 (ii) for a town, may include, and for other municipalities, shall include, an analysis of
245 how the municipality will provide a realistic opportunity for the development of moderate
246 income housing within the next five years;
247 (iii) for a town, may include, and for other municipalities, shall include, a
248 recommendation to implement three or more of the following moderate income housing
249 strategies:
250 (A) rezone for densities necessary to [
251 income housing;
252 (B) [
253 infrastructure that [
254 (C) [
255 housing stock into moderate income housing;
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257 waive construction related fees that are otherwise generally imposed by the [
258 for the construction or rehabilitation of moderate income housing;
259 (E) create or allow for, and reduce regulations related to, internal or detached accessory
260 dwelling units in residential zones;
261 (F) [
262 development in commercial [
263 commercial centers, or employment centers;
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265 density or new moderate income residential development in commercial or mixed-use zones
266 near major transit investment corridors;
267 (H) amend land use regulations to eliminate or reduce parking requirements for
268 residential development where a resident is less likely to rely on the resident's own vehicle,
269 such as residential development near major transit investment corridors or senior living
270 facilities;
271 (I) amend land use regulations to allow for single room occupancy developments;
272 (J) implement zoning incentives for [
273 developments;
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277 utilizing a landlord incentive program, providing for deed restricted units through a grant
278 program, or establishing a housing loss mitigation fund;
279 [
280 related to [
281 [
282 trust program for [
283 [
284 [
285 employer that operates within the municipality;
286 [
287 incentives to promote the construction of moderate income housing, an entity that applies for
288 programs offered by the Utah Housing Corporation within that agency's funding capacity, an
289 entity that applies for affordable housing programs administered by the Department of
290 Workforce Services, an entity that applies for affordable housing programs administered by an
291 association of governments established by an interlocal agreement under Title 11, Chapter 13,
292 Interlocal Cooperation Act, an entity that applies for services provided by a public housing
293 authority to preserve and create moderate income housing, or any other entity that applies for
294 programs or services that promote the construction or preservation of moderate income
295 housing;
296 [
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309 community reinvestment agency, redevelopment agency, or community development and
310 renewal agency[
311 (Q) create a housing and transit reinvestment zone pursuant to Title 63N, Chapter 3,
312 Part 6, Housing and Transit Reinvestment Zone Act;
313 (R) eliminate impact fees for any accessory dwelling unit that is not an internal
314 accessory dwelling unit as defined in Section 10-9a-530;
315 (S) create a program to transfer development rights for moderate income housing;
316 (T) ratify a joint acquisition agreement with another local political subdivision for the
317 purpose of combining resources to acquire property for moderate income housing;
318 (U) develop a moderate income housing project for residents who are disabled or 55
319 years of age or older; and
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322 than 80% of the area median income, including the dedication of a local funding source to
323 moderate income housing, or the adoption of a land use ordinance that requires 10% or more of
324 new residential development in a residential zone be dedicated to moderate income housing;
325 and
326 (iv) in addition to the recommendations required under Subsection (2)(b)(iii), for a
327 municipality that has a fixed guideway public transit station, shall include a recommendation to
328 implement the strategies described in Subsection (2)(b)(iii)(G) [
329 (c) (i) In drafting the implementation plan portion of the moderate income housing
330 element as described in Subsection (2)(a)(iii)(C), the planning commission shall establish a
331 timeline for implementing each of the moderate income housing strategies selected by the
332 municipality for implementation.
333 (ii) The timeline described in Subsection (2)(c)(i) shall:
334 (A) identify specific measures and benchmarks for implementing each moderate
335 income housing strategy selected by the municipality; and
336 (B) provide flexibility for the municipality to make adjustments as needed.
337 [
338 (i) identify and consider each agriculture protection area within the municipality; and
339 (ii) avoid proposing a use of land within an agriculture protection area that is
340 inconsistent with or detrimental to the use of the land for agriculture.
341 [
342 commission shall:
343 (i) consider and coordinate with the regional transportation plan developed by [
344 region's metropolitan planning organization, if the municipality is within the boundaries of a
345 metropolitan planning organization; or
346 (ii) consider and coordinate with the long-range transportation plan developed by the
347 Department of Transportation, if the municipality is not within the boundaries of a
348 metropolitan planning organization.
349 (3) The proposed general plan may include:
350 (a) an environmental element that addresses:
351 (i) the protection, conservation, development, and use of natural resources, including
352 the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
353 and other natural resources; and
354 (ii) the reclamation of land, flood control, prevention and control of the pollution of
355 streams and other waters, regulation of the use of land on hillsides, stream channels and other
356 environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
357 protection of watersheds and wetlands, and the mapping of known geologic hazards;
358 (b) a public services and facilities element showing general plans for sewage, water,
359 waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
360 police and fire protection, and other public services;
361 (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
362 programs for:
363 (i) historic preservation;
364 (ii) the diminution or elimination of a development impediment as defined in Section
365 17C-1-102; and
366 (iii) redevelopment of land, including housing sites, business and industrial sites, and
367 public building sites;
368 (d) an economic element composed of appropriate studies and forecasts, as well as an
369 economic development plan, which may include review of existing and projected municipal
370 revenue and expenditures, revenue sources, identification of basic and secondary industry,
371 primary and secondary market areas, employment, and retail sales activity;
372 (e) recommendations for implementing all or any portion of the general plan, including
373 the use of land use ordinances, capital improvement plans, community development and
374 promotion, and any other appropriate action;
375 (f) provisions addressing any of the matters listed in Subsection 10-9a-401(2) or (3);
376 and
377 (g) any other element the municipality considers appropriate.
378 Section 3. Section 10-9a-404 is amended to read:
379 10-9a-404. Public hearing by planning commission on proposed general plan or
380 amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
381 by legislative body.
382 (1) (a) After completing its recommendation for a proposed general plan, or proposal to
383 amend the general plan, the planning commission shall schedule and hold a public hearing on
384 the proposed plan or amendment.
385 (b) The planning commission shall provide notice of the public hearing, as required by
386 Section 10-9a-204.
387 (c) After the public hearing, the planning commission may modify the proposed
388 general plan or amendment.
389 (2) The planning commission shall forward the proposed general plan or amendment to
390 the legislative body.
391 (3) (a) The legislative body may adopt, reject, or make any revisions to the proposed
392 general plan or amendment that it considers appropriate.
393 (b) If the municipal legislative body rejects the proposed general plan or amendment, it
394 may provide suggestions to the planning commission for the planning commission's review and
395 recommendation.
396 (4) The legislative body shall adopt:
397 (a) a land use element as provided in Subsection 10-9a-403(2)(a)(i);
398 (b) a transportation and traffic circulation element as provided in Subsection
399 10-9a-403(2)(a)(ii); and
400 [
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403 (c) for a specified municipality as defined in Section 10-9a-408, a moderate income
404 housing element as provided in Subsection 10-9a-403(2)(a)(iii).
405 Section 4. Section 10-9a-408 is amended to read:
406 10-9a-408. Moderate income housing report -- Contents -- Prioritization for
407 funds -- Ineligibility for funds after noncompliance -- Civil actions.
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434 (1) As used in this section:
435 (a) "Division" means the Housing and Community Development Division within the
436 Department of Workforce Services.
437 (b) "Implementation plan" means the implementation plan adopted as part of the
438 moderate income housing element of a specified municipality's general plan as provided in
439 Subsection 10-9a-403(2)(c).
440 (c) "Moderate income housing report" or "report" means the report described in
441 Subsection (2)(a).
442 (d) "Moderate income housing strategy" means a strategy described in Subsection
443 10-9a-403(2)(b)(iii).
444 (e) "Specified municipality" means:
445 (i) a city of the first, second, third, or fourth class;
446 (ii) a city of the fifth class with a population of 5,000 or more, if the city is located
447 within a county of the first, second, or third class; or
448 (iii) a metro township with a population of 5,000 or more.
449 (2) (a) Beginning in 2022, on or before October 1 of each calendar year, the legislative
450 body of a specified municipality shall annually submit a written moderate income housing
451 report to the division.
452 (b) The moderate income housing report submitted in 2022 shall include:
453 (i) a description of each moderate income housing strategy selected by the specified
454 municipality for implementation; and
455 (ii) an implementation plan.
456 (c) The moderate income housing report submitted in each calendar year after 2022
457 shall include:
458 (i) the information required under Subsection (2)(b);
459 (ii) a description of each action, whether one-time or ongoing, taken by the specified
460 municipality during the previous fiscal year to implement the moderate income housing
461 strategies selected by the specified municipality for implementation;
462 (iii) a description of each land use regulation or land use decision made by the
463 specified municipality during the previous fiscal year to implement the moderate income
464 housing strategies, including an explanation of how the land use regulation or land use decision
465 supports the specified municipality's efforts to implement the moderate income housing
466 strategies;
467 (iv) a description of any barriers encountered by the specified municipality in the
468 previous fiscal year in implementing the moderate income housing strategies;
469 (v) information regarding the number of internal and external or detached accessory
470 dwelling units located within the specified municipality for which the specified municipality:
471 (A) issued a building permit to construct; or
472 (B) issued a business license to rent;
473 (vi) a description of how the market has responded to the selected moderate income
474 housing strategies, including the number of entitled moderate income housing units or other
475 relevant data; and
476 (vii) any recommendations on how the state can support the specified municipality in
477 implementing the moderate income housing strategies.
478 (d) The moderate income housing report shall be in a form:
479 (i) approved by the division; and
480 (ii) made available by the division on or before July 1 of the year in which the report is
481 required.
482 (3) Within 90 days after the day on which the division receives a specified
483 municipality's moderate income housing report, the division shall:
484 (a) post the report on the division's website;
485 (b) send a copy of the report to the Department of Transportation, the Governor's
486 Office of Planning and Budget, the association of governments in which the specified
487 municipality is located, and, if the specified municipality is located within the boundaries of a
488 metropolitan planning organization, the appropriate metropolitan planning organization; and
489 (c) subject to Subsection (4), review the report to determine compliance with
490 Subsection (2).
491 (4) (a) The report described in Subsection (2)(b) complies with Subsection (2) if the
492 report:
493 (i) includes the information required under Subsection (2)(b);
494 (ii) demonstrates to the division that the specified municipality made plans to
495 implement:
496 (A) three or more moderate income housing strategies if the specified municipality
497 does not have a fixed guideway public transit station; or
498 (B) four or more moderate income housing strategies if the specified municipality has a
499 fixed guideway public transit station; and
500 (iii) is in a form approved by the division.
501 (b) The report described in Subsection (2)(c) complies with Subsection (2) if the
502 report:
503 (i) includes the information required under Subsection (2)(c);
504 (ii) demonstrates to the division that the specified municipality made plans to
505 implement:
506 (A) three or more moderate income housing strategies if the specified municipality
507 does not have a fixed guideway public transit station; or
508 (B) four or more moderate income housing strategies if the specified municipality has a
509 fixed guideway public transit station;
510 (iii) is in a form approved by the division; and
511 (iv) provides sufficient information for the division to:
512 (A) assess the specified municipality's progress in implementing the moderate income
513 housing strategies;
514 (B) monitor compliance with the specified municipality's implementation plan;
515 (C) identify a clear correlation between the specified municipality's land use
516 regulations and land use decisions and the specified municipality's efforts to implement the
517 moderate income housing strategies; and
518 (D) identify how the market has responded to the specified municipality's selected
519 moderate income housing strategies.
520 (5) (a) A specified municipality qualifies for priority consideration under this
521 Subsection (5) if the specified municipality's moderate income housing report:
522 (i) complies with Subsection (2); and
523 (ii) demonstrates to the division that the specified municipality made plans to
524 implement:
525 (A) five or more moderate income housing strategies if the specified municipality does
526 not have a fixed guideway public transit station; or
527 (B) six or more moderate income housing strategies if the specified municipality has a
528 fixed guideway public transit station.
529 (b) The following apply to a specified municipality described in Subsection (5)(a)
530 during the fiscal year immediately following the fiscal year in which the report is required:
531 (i) the Department of Transportation may give priority consideration for programming
532 funds from the Transportation Investment Fund of 2005, including the Transit Transportation
533 Investment Fund, to a project that is located within the boundaries of the specified municipality
534 in accordance with Subsection 72-2-124(11); and
535 (ii) the Governor's Office of Planning and Budget may give priority consideration for
536 awarding a financial grant to the specified municipality under the COVID-19 Local Assistance
537 Matching Grant Program in accordance with Subsection 63J-4-802(6).
538 (c) Upon determining that a specified municipality qualifies for priority consideration
539 under this Subsection (5), the division shall send a notice of prioritization to the legislative
540 body of the specified municipality, the Department of Transportation, and the Governor's
541 Office of Planning and Budget.
542 (d) The notice described in Subsection (5)(c) shall:
543 (i) name the specified municipality that qualifies for priority consideration;
544 (ii) describe the funds for which the specified municipality qualifies to receive priority
545 consideration;
546 (iii) specify the fiscal year during which the specified municipality qualifies for priority
547 consideration; and
548 (iv) state the basis for the division's determination that the specified municipality
549 qualifies for priority consideration.
550 (6) (a) If the division, after reviewing a specified municipality's moderate income
551 housing report, determines that the report does not comply with Subsection (2), the division
552 shall send a notice of noncompliance to the legislative body of the specified municipality.
553 (b) The notice described in Subsection (6)(a) shall:
554 (i) describe each deficiency in the report and the actions needed to cure each
555 deficiency;
556 (ii) state that the specified municipality has an opportunity to cure the deficiencies
557 within 90 days after the day on which the notice is sent; and
558 (iii) state that failure to cure the deficiencies within 45 days after the day on which the
559 notice is sent will result in ineligibility for funds under Subsection (7).
560 (7) (a) A specified municipality is ineligible for funds under this Subsection (7) if the
561 specified municipality:
562 (i) fails to submit a moderate income housing report to the division; or
563 (ii) fails to cure the deficiencies in the specified municipality's moderate income
564 housing report within 90 days after the day on which the division sent to the specified
565 municipality a notice of noncompliance under Subsection (6).
566 (b) The following apply to a specified municipality described in Subsection (7)(a)
567 during the fiscal year immediately following the fiscal year in which the report is required:
568 (i) the executive director of the Department of Transportation may not program funds
569 from the Transportation Investment Fund of 2005, including the Transit Transportation
570 Investment Fund, to a project that is located within the boundaries of the specified municipality
571 in accordance with Subsection 72-2-124(5); and
572 (ii) the Governor's Office of Planning and Budget may not award a financial grant to
573 the specified municipality under the COVID-19 Local Assistance Matching Grant Program in
574 accordance with Subsection 63J-4-802(7).
575 (c) Upon determining that a specified municipality is ineligible for funds under this
576 Subsection (7), the division shall send a notice of ineligibility to the legislative body of the
577 specified municipality, the Department of Transportation, and the Governor's Office of
578 Planning and Budget.
579 (d) The notice described in Subsection (7)(c) shall:
580 (i) name the specified municipality that is ineligible for funds;
581 (ii) describe the funds for which the specified municipality is ineligible to receive;
582 (iii) specify the fiscal year during which the specified municipality is ineligible for
583 funds; and
584 (iv) state the basis for the division's determination that the specified municipality is
585 ineligible for funds.
586 [
587 of Subsection 10-9a-404(4)(c), a plaintiff may not recover damages but may be awarded only
588 injunctive or other equitable relief.
589 Section 5. Section 10-9a-511.5 is amended to read:
590 10-9a-511.5. Changes to dwellings -- Egress windows.
591 (1) As used in this section:
592 (a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
593 (i) within a primary dwelling;
594 (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
595 time the internal accessory dwelling unit is created; and
596 (iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
597 (b) "Primary dwelling" means a single-family dwelling that:
598 (i) is detached; and
599 (ii) is occupied as the primary residence of the owner of record.
600 (c) "Rental dwelling" means the same as that term is defined in Section 10-8-85.5.
601 (2) A municipal ordinance adopted under Section 10-1-203.5 may not:
602 (a) require physical changes in a structure with a legal nonconforming rental dwelling
603 use unless the change is for:
604 (i) the reasonable installation of:
605 (A) a smoke detector that is plugged in or battery operated;
606 (B) a ground fault circuit interrupter protected outlet on existing wiring;
607 (C) street addressing;
608 (D) except as provided in Subsection (3), an egress bedroom window if the existing
609 bedroom window is smaller than that required by current State Construction Code;
610 (E) an electrical system or a plumbing system, if the existing system is not functioning
611 or is unsafe as determined by an independent electrical or plumbing professional who is
612 licensed in accordance with Title 58, Occupations and Professions;
613 (F) hand or guard rails; or
614 (G) occupancy separation doors as required by the International Residential Code; or
615 (ii) the abatement of a structure; or
616 (b) be enforced to terminate a legal nonconforming rental dwelling use.
617 (3) (a) A municipality may not require physical changes to install an egress or
618 emergency escape window in an existing bedroom that complied with the State Construction
619 Code in effect at the time the bedroom was finished if:
620 (i) the dwelling is an owner-occupied dwelling or a rental dwelling that is:
621 (A) a detached one-, two-, three-, or four-family dwelling; or
622 (B) a town home that is not more than three stories above grade with a separate means
623 of egress; and
624 (ii) (A) the window in the existing bedroom is smaller than that required by current
625 State Construction Code; and
626 (B) the change would compromise the structural integrity of the structure or could not
627 be completed in accordance with current State Construction Code, including set-back and
628 window well requirements.
629 (b) Subject to Section 10-9a-530, Subsection (3)(a) [
630 internal accessory dwelling unit constructed before October 1, 2021.
631 (4) Nothing in this section prohibits a municipality from:
632 (a) regulating the style of window that is required or allowed in a bedroom;
633 (b) requiring that a window in an existing bedroom be fully openable if the openable
634 area is less than required by current State Construction Code; or
635 (c) requiring that an existing window not be reduced in size if the openable area is
636 smaller than required by current State Construction Code.
637 Section 6. Section 10-9a-530 is amended to read:
638 10-9a-530. Internal accessory dwelling units.
639 (1) As used in this section:
640 (a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
641 (i) within a primary dwelling;
642 (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
643 time the internal accessory dwelling unit is created; and
644 (iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
645 (b) "Primary dwelling" means a single-family dwelling that:
646 (i) is detached; and
647 (ii) is occupied as the primary residence of the owner of record.
648 (2) In any area zoned primarily for residential use:
649 (a) the use of an internal accessory dwelling unit is a permitted use; and
650 (b) except as provided in [
651 establish any restrictions or requirements for the construction or use of one internal accessory
652 dwelling unit within a primary dwelling, including a restriction or requirement governing:
653 (i) the size of the internal accessory dwelling unit in relation to the primary dwelling;
654 (ii) total lot size; or
655 (iii) street frontage.
656 (3) (a) This Subsection (3) applies only to an internal accessory dwelling unit
657 constructed on or after October 1, 2021.
658 [
659 comply with all applicable building, health, and fire codes.
660 (c) A municipality shall require the owner of a primary dwelling to:
661 (i) obtain a permit or license for renting an internal accessory dwelling unit; or
662 (ii) obtain a building permit for constructing an internal accessory dwelling unit.
663 [
664 [
665 dwelling unit;
666 [
667 does not change the appearance of the primary dwelling as a single-family dwelling;
668 [
669 [
670 dwelling unit, regardless of whether the primary dwelling is existing or new construction; and
671 [
672 internal accessory dwelling unit is created within the garage or carport;
673 [
674 home as defined in Section 57-16-3;
675 [
676
677 [
678 district covering an area that is equivalent to:
679 [
680 residential use; or
681 [
682 residential use, if the main campus of a state or private university with a student population of
683 10,000 or more is located within the municipality;
684 [
685 dwelling is served by a failing septic tank;
686 [
687 containing the primary dwelling is 6,000 square feet or less in size;
688 [
689 unit for a period of less than 30 consecutive days;
690 [
691 accessory dwelling unit is located in a dwelling that is not occupied as the owner's primary
692 residence;
693 [
694 in accordance with Subsection (5); and
695 [
696 Subsection (6).
697 (4) (a) This Subsection (4) applies only to an internal accessory dwelling unit
698 constructed before October 1, 2021.
699 (b) A municipality shall require the owner of a primary dwelling to obtain a permit or
700 license for renting an internal accessory dwelling unit.
701 (c) In accordance with Section 10-9a-511.5, a municipality may require the owner of a
702 primary dwelling to:
703 (i) install a smoke detector within an internal accessory dwelling unit that is plugged in
704 or battery operated; and
705 (ii) by no later than May 4, 2025, install an egress bedroom window within an internal
706 accessory dwelling unit if the existing bedroom window is smaller than that required by current
707 State Construction Code.
708 (5) (a) In addition to any other legal or equitable remedies available to a municipality, a
709 municipality may hold a lien against a property that contains an internal accessory dwelling
710 unit if:
711 (i) the owner of the property violates any of the provisions of this section or any
712 ordinance adopted under Subsection (3) or (4);
713 (ii) the municipality provides a written notice of violation in accordance with
714 Subsection (5)(b);
715 (iii) the municipality holds a hearing and determines that the violation has occurred in
716 accordance with Subsection (5)(d), if the owner files a written objection in accordance with
717 Subsection (5)(b)(iv);
718 (iv) the owner fails to cure the violation within the time period prescribed in the
719 written notice of violation under Subsection (5)(b);
720 (v) the municipality provides a written notice of lien in accordance with Subsection
721 (5)(c); and
722 (vi) the municipality records a copy of the written notice of lien described in
723 Subsection (5)(a)(iv) with the county recorder of the county in which the property is located.
724 (b) The written notice of violation shall:
725 (i) describe the specific violation;
726 (ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity
727 to cure the violation that is:
728 (A) no less than 14 days after the day on which the municipality sends the written
729 notice of violation, if the violation results from the owner renting or offering to rent the internal
730 accessory dwelling unit for a period of less than 30 consecutive days; or
731 (B) no less than 30 days after the day on which the municipality sends the written
732 notice of violation, for any other violation;
733 (iii) state that if the owner of the property fails to cure the violation within the time
734 period described in Subsection (5)(b)(ii), the municipality may hold a lien against the property
735 in an amount of up to $100 for each day of violation after the day on which the opportunity to
736 cure the violation expires;
737 (iv) notify the owner of the property:
738 (A) that the owner may file a written objection to the violation within 14 days after the
739 day on which the written notice of violation is post-marked or posted on the property; and
740 (B) of the name and address of the municipal office where the owner may file the
741 written objection;
742 (v) be mailed to:
743 (A) the property's owner of record; and
744 (B) any other individual designated to receive notice in the owner's license or permit
745 records; and
746 (vi) be posted on the property.
747 (c) The written notice of lien shall:
748 (i) comply with the requirements of Section 38-12-102;
749 (ii) state that the property is subject to a lien;
750 (iii) specify the lien amount, in an amount of up to $100 for each day of violation after
751 the day on which the opportunity to cure the violation expires;
752 (iv) be mailed to:
753 (A) the property's owner of record; and
754 (B) any other individual designated to receive notice in the owner's license or permit
755 records; and
756 (v) be posted on the property.
757 (d) (i) If an owner of property files a written objection in accordance with Subsection
758 (5)(b)(iv), the municipality shall:
759 (A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings
760 Act, to conduct a review and determine whether the specific violation described in the written
761 notice of violation under Subsection (5)(b) has occurred; and
762 (B) notify the owner in writing of the date, time, and location of the hearing described
763 in Subsection (5)(d)(i)(A) no less than 14 days before the day on which the hearing is held.
764 (ii) If an owner of property files a written objection under Subsection (5)(b)(iv), a
765 municipality may not record a lien under this Subsection (5) until the municipality holds a
766 hearing and determines that the specific violation has occurred.
767 (iii) If the municipality determines at the hearing that the specific violation has
768 occurred, the municipality may impose a lien in an amount of up to $100 for each day of
769 violation after the day on which the opportunity to cure the violation expires, regardless of
770 whether the hearing is held after the day on which the opportunity to cure the violation has
771 expired.
772 (e) If an owner cures a violation within the time period prescribed in the written notice
773 of violation under Subsection (5)(b), the municipality may not hold a lien against the property,
774 or impose any penalty or fee on the owner, in relation to the specific violation described in the
775 written notice of violation under Subsection (5)(b).
776 (6) (a) A municipality that issues, on or after October 1, 2021, a permit or license to an
777 owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to
778 an owner of a primary dwelling to create an internal accessory dwelling unit, may record a
779 notice in the office of the recorder of the county in which the primary dwelling is located.
780 (b) The notice described in Subsection (6)(a) shall include:
781 (i) a description of the primary dwelling;
782 (ii) a statement that the primary dwelling contains an internal accessory dwelling unit;
783 and
784 (iii) a statement that the internal accessory dwelling unit may only be used in
785 accordance with the municipality's land use regulations.
786 (c) The municipality shall, upon recording the notice described in Subsection (6)(a),
787 deliver a copy of the notice to the owner of the internal accessory dwelling unit.
788 Section 7. Section 11-36a-202 is amended to read:
789 11-36a-202. Prohibitions on impact fees.
790 (1) A local political subdivision or private entity may not:
791 (a) impose an impact fee to:
792 (i) cure deficiencies in a public facility serving existing development;
793 (ii) raise the established level of service of a public facility serving existing
794 development; or
795 (iii) recoup more than the local political subdivision's or private entity's costs actually
796 incurred for excess capacity in an existing system improvement;
797 (b) delay the construction of a school or charter school because of a dispute with the
798 school or charter school over impact fees; or
799 (c) impose or charge any other fees as a condition of development approval unless
800 those fees are a reasonable charge for the service provided.
801 (2) (a) Notwithstanding any other provision of this chapter, a political subdivision or
802 private entity may not impose an impact fee:
803 (i) on residential components of development to pay for a public safety facility that is a
804 fire suppression vehicle;
805 (ii) on a school district or charter school for a park, recreation facility, open space, or
806 trail;
807 (iii) on a school district or charter school unless:
808 (A) the development resulting from the school district's or charter school's
809 development activity directly results in a need for additional system improvements for which
810 the impact fee is imposed; and
811 (B) the impact fee is calculated to cover only the school district's or charter school's
812 proportionate share of the cost of those additional system improvements;
813 (iv) to the extent that the impact fee includes a component for a law enforcement
814 facility, on development activity for:
815 (A) the Utah National Guard;
816 (B) the Utah Highway Patrol; or
817 (C) a state institution of higher education that has its own police force; [
818 (v) on development activity on the state fair park, as defined in Section 63H-6-102[
819 or
820 (vi) on development activity that consists of the construction of an internal accessory
821 dwelling unit, as defined in Section 10-9a-530, within an existing structure.
822 (b) (i) Notwithstanding any other provision of this chapter, a political subdivision or
823 private entity may not impose an impact fee on development activity that consists of the
824 construction of a school, whether by a school district or a charter school, if:
825 (A) the school is intended to replace another school, whether on the same or a different
826 parcel;
827 (B) the new school creates no greater demand or need for public facilities than the
828 school or school facilities, including any portable or modular classrooms that are on the site of
829 the replaced school at the time that the new school is proposed; and
830 (C) the new school and the school being replaced are both within the boundary of the
831 local political subdivision or the jurisdiction of the private entity.
832 (ii) If the imposition of an impact fee on a new school is not prohibited under
833 Subsection (2)(b)(i) because the new school creates a greater demand or need for public
834 facilities than the school being replaced, the impact fee shall be based only on the demand or
835 need that the new school creates for public facilities that exceeds the demand or need that the
836 school being replaced creates for those public facilities.
837 (c) Notwithstanding any other provision of this chapter, a political subdivision or
838 private entity may impose an impact fee for a road facility on the state only if and to the extent
839 that:
840 (i) the state's development causes an impact on the road facility; and
841 (ii) the portion of the road facility related to an impact fee is not funded by the state or
842 by the federal government.
843 (3) Notwithstanding any other provision of this chapter, a local political subdivision
844 may impose and collect impact fees on behalf of a school district if authorized by Section
845 11-36a-206.
846 Section 8. Section 11-59-203 is amended to read:
847 11-59-203. Authority duties and responsibilities.
848 (1) As the authority plans, manages, and implements the development of the point of
849 the mountain state land, the authority shall pursue development strategies and objectives
850 designed to:
851 (a) maximize the creation of high-quality jobs and encourage and facilitate a highly
852 trained workforce;
853 (b) ensure strategic residential and commercial growth;
854 (c) promote a high quality of life for residents on and surrounding the point of the
855 mountain state land, including strategic planning to facilitate:
856 (i) jobs close to where people live;
857 (ii) vibrant urban centers;
858 (iii) housing types that match workforce needs;
859 (iv) parks, connected trails, and open space, including the preservation of natural lands
860 to the extent practicable and consistent with the overall development plan; and
861 (v) preserving and enhancing recreational opportunities;
862 (d) complement the development on land in the vicinity of the point of the mountain
863 state land;
864 (e) improve air quality and minimize resource use; and
865 (f) accommodate and incorporate the planning, funding, and development of an
866 enhanced and expanded future transit and transportation infrastructure and other investments,
867 including:
868 (i) the acquisition of rights-of-way and property necessary to ensure transit access to
869 the point of the mountain state land; and
870 (ii) a world class mass transit infrastructure, to service the point of the mountain state
871 land and to enhance mobility and protect the environment.
872 (2) In planning the development of the point of the mountain state land, the authority
873 shall:
874 (a) consult with applicable governmental planning agencies, including:
875 (i) relevant metropolitan planning organizations; and
876 (ii) Draper City and Salt Lake County planning and governing bodies;
877 (b) research and explore the feasibility of attracting a nationally recognized research
878 center; [
879 (c) research and explore the appropriateness of including labor training centers and a
880 higher education presence on the point of the mountain state land[
881 (d) ensure that at least 20% of the proposed housing units within the development of
882 the point of the mountain state land are dedicated to affordable housing, of which:
883 (i) at least 10% of the proposed housing units are dedicated to housing for households
884 whose income is no more than 50% of the area median income for households of the same size
885 in the county or municipality where the development is located; and
886 (ii) at least 10% of the proposed housing units are dedicated to housing for households
887 whose income is no more than 80% of the area median income for households of the same size
888 in the county or municipality where the development is located; and
889 (e) on or before October 1 of each year, submit an annual written report to the Unified
890 Economic Opportunity Commission created in Section 63N-1a-201 describing how the
891 development of the point of the mountain state land meets the requirements of Subsection
892 (2)(d).
893 Section 9. Section 17-27a-401 is amended to read:
894 17-27a-401. General plan required -- Content -- Resource management plan --
895 Provisions related to radioactive waste facility.
896 (1) To accomplish the purposes of this chapter, each county shall prepare and adopt a
897 comprehensive, long-range general plan:
898 (a) for present and future needs of the county;
899 (b) (i) for growth and development of all or any part of the land within the
900 unincorporated portions of the county; or
901 (ii) if a county has designated a mountainous planning district, for growth and
902 development of all or any part of the land within the mountainous planning district; and
903 (c) as a basis for communicating and coordinating with the federal government on land
904 and resource management issues.
905 (2) To promote health, safety, and welfare, the general plan may provide for:
906 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
907 activities, aesthetics, and recreational, educational, and cultural opportunities;
908 (b) the reduction of the waste of physical, financial, or human resources that result
909 from either excessive congestion or excessive scattering of population;
910 (c) the efficient and economical use, conservation, and production of the supply of:
911 (i) food and water; and
912 (ii) drainage, sanitary, and other facilities and resources;
913 (d) the use of energy conservation and solar and renewable energy resources;
914 (e) the protection of urban development;
915 (f) the protection and promotion of air quality;
916 (g) historic preservation;
917 (h) identifying future uses of land that are likely to require an expansion or significant
918 modification of services or facilities provided by each affected entity; and
919 (i) an official map.
920 [
921 [
922 (3) (a) (i) The general plan of a specified county, as defined in Section 17-27a-408,
923 shall include a moderate income housing element that meets the requirements of Subsection
924 17-27a-403(2)(a)(iii).
925 [
926
927 [
928 defined in Section 17-27a-408, with a general plan that does not comply with Subsection
929 (3)(a)(i) shall amend the general plan to comply with Subsection (3)(a)(i).
930 (b) The general plan shall contain a resource management plan for the public lands, as
931 defined in Section 63L-6-102, within the county.
932 (c) The resource management plan described in Subsection [
933 address:
934 (i) mining;
935 (ii) land use;
936 (iii) livestock and grazing;
937 (iv) irrigation;
938 (v) agriculture;
939 (vi) fire management;
940 (vii) noxious weeds;
941 (viii) forest management;
942 (ix) water rights;
943 (x) ditches and canals;
944 (xi) water quality and hydrology;
945 (xii) flood plains and river terraces;
946 (xiii) wetlands;
947 (xiv) riparian areas;
948 (xv) predator control;
949 (xvi) wildlife;
950 (xvii) fisheries;
951 (xviii) recreation and tourism;
952 (xix) energy resources;
953 (xx) mineral resources;
954 (xxi) cultural, historical, geological, and paleontological resources;
955 (xxii) wilderness;
956 (xxiii) wild and scenic rivers;
957 (xxiv) threatened, endangered, and sensitive species;
958 (xxv) land access;
959 (xxvi) law enforcement;
960 (xxvii) economic considerations; and
961 (xxviii) air.
962 (d) For each item listed under Subsection (3)(c), a county's resource management plan
963 shall:
964 (i) establish findings pertaining to the item;
965 (ii) establish defined objectives; and
966 (iii) outline general policies and guidelines on how the objectives described in
967 Subsection (3)(d)(ii) are to be accomplished.
968 (4) (a) (i) The general plan shall include specific provisions related to any areas within,
969 or partially within, the exterior boundaries of the county, or contiguous to the boundaries of a
970 county, which are proposed for the siting of a storage facility or transfer facility for the
971 placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as
972 these wastes are defined in Section 19-3-303.
973 (ii) The provisions described in Subsection (4)(a)(i) shall address the effects of the
974 proposed site upon the health and general welfare of citizens of the state, and shall provide:
975 [
976 [
977 provisions of Subsection 19-3-307(2) have been satisfied; and
978 [
979 greater than class C radioactive waste and guarantee the health and safety of the citizens of the
980 state.
981 (b) A county may, in lieu of complying with Subsection (4)(a), adopt an ordinance
982 indicating that all proposals for the siting of a storage facility or transfer facility for the
983 placement of high-level nuclear waste or greater than class C radioactive waste wholly or
984 partially within the county are rejected.
985 (c) A county may adopt the ordinance listed in Subsection (4)(b) at any time.
986 (d) The county shall send a certified copy of the ordinance described in Subsection
987 (4)(b) to the executive director of the Department of Environmental Quality by certified mail
988 within 30 days of enactment.
989 (e) If a county repeals an ordinance adopted under Subsection (4)(b) the county shall:
990 (i) comply with Subsection (4)(a) as soon as reasonably possible; and
991 (ii) send a certified copy of the repeal to the executive director of the Department of
992 Environmental Quality by certified mail within 30 days after the repeal.
993 (5) The general plan may define the county's local customs, local culture, and the
994 components necessary for the county's economic stability.
995 (6) Subject to Subsection 17-27a-403(2), the county may determine the
996 comprehensiveness, extent, and format of the general plan.
997 (7) If a county has designated a mountainous planning district, the general plan for the
998 mountainous planning district is the controlling plan.
999 (8) Nothing in this part may be construed to limit the authority of the state to manage
1000 and protect wildlife under Title 23, Wildlife Resources Code of Utah.
1001 Section 10. Section 17-27a-403 is amended to read:
1002 17-27a-403. Plan preparation.
1003 (1) (a) The planning commission shall provide notice, as provided in Section
1004 17-27a-203, of [
1005 legislative body for a general plan or a comprehensive general plan amendment when the
1006 planning commission initiates the process of preparing [
1007 recommendation.
1008 (b) The planning commission shall make and recommend to the legislative body a
1009 proposed general plan for:
1010 (i) the unincorporated area within the county; or
1011 (ii) if the planning commission is a planning commission for a mountainous planning
1012 district, the mountainous planning district.
1013 (c) (i) The plan may include planning for incorporated areas if, in the planning
1014 commission's judgment, they are related to the planning of the unincorporated territory or of
1015 the county as a whole.
1016 (ii) Elements of the county plan that address incorporated areas are not an official plan
1017 or part of a municipal plan for any municipality, unless the county plan is recommended by the
1018 municipal planning commission and adopted by the governing body of the municipality.
1019 (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
1020 and descriptive and explanatory matter, shall include the planning commission's
1021 recommendations for the following plan elements:
1022 (i) a land use element that:
1023 (A) designates the long-term goals and the proposed extent, general distribution, and
1024 location of land for housing for residents of various income levels, business, industry,
1025 agriculture, recreation, education, public buildings and grounds, open space, and other
1026 categories of public and private uses of land as appropriate; and
1027 (B) [
1028 population density and building intensity recommended for the various land use categories
1029 covered by the plan;
1030 (ii) a transportation and traffic circulation element that:
1031 (A) provides the general location and extent of existing and proposed freeways, arterial
1032 and collector streets, public transit, active transportation facilities, and other modes of
1033 transportation that the planning commission considers appropriate;
1034 (B) addresses the county's plan for residential and commercial development around
1035 major transit investment corridors to maintain and improve the connections between housing,
1036 employment, education, recreation, and commerce; and
1037 (C) correlates with the population projections, the employment projections, and the
1038 proposed land use element of the general plan;
1039 [
1040
1041
1042 (iii) for a specified county as defined in Section 17-27a-408, a moderate income
1043 housing element that:
1044 (A) provides a realistic opportunity to meet the need for additional moderate income
1045 housing within the next five years;
1046 (B) selects three or more moderate income housing strategies described in Subsection
1047 (2)(b)(ii) for implementation; and
1048 (C) includes an implementation plan as provided in Subsection (2)(e); and
1049 (iv) [
1050 objectives, and policies required by Subsection 17-27a-401(3).
1051 (b) In drafting the moderate income housing element, the planning commission:
1052 (i) shall consider the Legislature's determination that counties should facilitate a
1053 reasonable opportunity for a variety of housing, including moderate income housing:
1054 (A) to meet the needs of people of various income levels living, working, or desiring to
1055 live or work in the community; and
1056 (B) to allow people with various incomes to benefit from and fully participate in all
1057 aspects of neighborhood and community life; and
1058 (ii) shall include an analysis of how the county will provide a realistic opportunity for
1059 the development of moderate income housing within the planning horizon, [
1060
1061 income housing strategies:
1062 (A) rezone for densities necessary to [
1063 income housing;
1064 (B) [
1065 infrastructure that [
1066 (C) [
1067 housing stock into moderate income housing;
1068 (D) [
1069 revenue to waive construction related fees that are otherwise generally imposed by the county
1070 for the construction or rehabilitation of moderate income housing;
1071 (E) create or allow for, and reduce regulations related to, internal or detached accessory
1072 dwelling units in residential zones;
1073 (F) [
1074 development in commercial [
1075 centers;
1076 (G) [
1077 moderate income residential development in commercial or mixed-use zones near major transit
1078 investment corridors;
1079 (H) amend land use regulations to eliminate or reduce parking requirements for
1080 residential development where a resident is less likely to rely on the resident's own vehicle,
1081 such as residential development near major transit investment corridors or senior living
1082 facilities;
1083 (I) amend land use regulations to allow for single room occupancy developments;
1084 (J) implement zoning incentives for [
1085 developments;
1086 [
1087
1088 [
1089 utilizing a landlord incentive program, providing for deed restricted units through a grant
1090 program, or establishing a housing loss mitigation fund;
1091 [
1092 related to [
1093 [
1094 trust program for [
1095 [
1096
1097 that operates within the county;
1098 [
1099 incentives to promote the construction of moderate income housing, an entity that applies for
1100 programs offered by the Utah Housing Corporation within that agency's funding capacity, an
1101 entity that applies for affordable housing programs administered by the Department of
1102 Workforce Services, an entity that applies for services provided by a public housing authority
1103 to preserve and create moderate income housing, or any other entity that applies for programs
1104 or services that promote the construction or preservation of moderate income housing;
1105 [
1106
1107 [
1108
1109 [
1110
1111 [
1112
1113
1114 [
1115 community reinvestment agency, redevelopment agency, or community development and
1116 renewal agency to create or subsidize moderate income housing; [
1117 (Q) create a program to transfer development rights for moderate income housing;
1118 (R) ratify a joint acquisition agreement with another local political subdivision for the
1119 purpose of combining resources to acquire property for moderate income housing;
1120 (S) develop a moderate income housing project for residents who are disabled or 55
1121 years of age or older; and
1122 [
1123 [
1124 less than 80% of the area median income, including the dedication of a local funding source to
1125 moderate income housing or the adoption of a land use ordinance that requires 10% or more of
1126 new residential development in a residential zone be dedicated to moderate income housing.
1127 (c) In drafting the land use element, the planning commission shall:
1128 (i) identify and consider each agriculture protection area within the unincorporated area
1129 of the county or mountainous planning district; and
1130 (ii) avoid proposing a use of land within an agriculture protection area that is
1131 inconsistent with or detrimental to the use of the land for agriculture.
1132 (d) In drafting the transportation and traffic circulation element, the planning
1133 commission shall:
1134 (i) consider and coordinate with the regional transportation plan developed by [
1135 region's metropolitan planning organization, if the relevant areas of the county are within the
1136 boundaries of a metropolitan planning organization; or
1137 (ii) consider and coordinate with the long-range transportation plan developed by the
1138 Department of Transportation, if the relevant areas of the county are not within the boundaries
1139 of a metropolitan planning organization.
1140 (e) (i) In drafting the implementation plan portion of the moderate income housing
1141 element as described in Subsection (2)(a)(iii)(C), the planning commission shall establish a
1142 timeline for implementing each of the moderate income housing strategies selected by the
1143 county for implementation.
1144 (ii) The timeline described in Subsection (2)(e)(i) shall:
1145 (A) identify specific measures and benchmarks for implementing each moderate
1146 income housing strategy selected by the county; and
1147 (B) provide flexibility for the county to make adjustments as needed.
1148 (3) The proposed general plan may include:
1149 (a) an environmental element that addresses:
1150 (i) to the extent not covered by the county's resource management plan, the protection,
1151 conservation, development, and use of natural resources, including the quality of air, forests,
1152 soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources;
1153 and
1154 (ii) the reclamation of land, flood control, prevention and control of the pollution of
1155 streams and other waters, regulation of the use of land on hillsides, stream channels and other
1156 environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
1157 protection of watersheds and wetlands, and the mapping of known geologic hazards;
1158 (b) a public services and facilities element showing general plans for sewage, water,
1159 waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
1160 police and fire protection, and other public services;
1161 (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
1162 programs for:
1163 (i) historic preservation;
1164 (ii) the diminution or elimination of a development impediment as defined in Section
1165 17C-1-102; and
1166 (iii) redevelopment of land, including housing sites, business and industrial sites, and
1167 public building sites;
1168 (d) an economic element composed of appropriate studies and forecasts, as well as an
1169 economic development plan, which may include review of existing and projected county
1170 revenue and expenditures, revenue sources, identification of basic and secondary industry,
1171 primary and secondary market areas, employment, and retail sales activity;
1172 (e) recommendations for implementing all or any portion of the general plan, including
1173 the use of land use ordinances, capital improvement plans, community development and
1174 promotion, and any other appropriate action;
1175 (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2) or
1176 (3)(a)(i); and
1177 (g) any other element the county considers appropriate.
1178 Section 11. Section 17-27a-404 is amended to read:
1179 17-27a-404. Public hearing by planning commission on proposed general plan or
1180 amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
1181 by legislative body.
1182 (1) (a) After completing its recommendation for a proposed general plan, or proposal to
1183 amend the general plan, the planning commission shall schedule and hold a public hearing on
1184 the proposed plan or amendment.
1185 (b) The planning commission shall provide notice of the public hearing, as required by
1186 Section 17-27a-204.
1187 (c) After the public hearing, the planning commission may modify the proposed
1188 general plan or amendment.
1189 (2) The planning commission shall forward the proposed general plan or amendment to
1190 the legislative body.
1191 (3) (a) As provided by local ordinance and by Section 17-27a-204, the legislative body
1192 shall provide notice of its intent to consider the general plan proposal.
1193 (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
1194 body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
1195 regarding Subsection 17-27a-401(4). The hearing procedure shall comply with this Subsection
1196 (3)(b).
1197 (ii) The hearing format shall allow adequate time for public comment at the actual
1198 public hearing, and shall also allow for public comment in writing to be submitted to the
1199 legislative body for not fewer than 90 days after the date of the public hearing.
1200 (c) (i) The legislative body shall give notice of the hearing in accordance with this
1201 Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401(4) are
1202 complete.
1203 (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
1204 the state Legislature, executive director of the Department of Environmental Quality, the state
1205 planning coordinator, the Resource Development Coordinating Committee, and any other
1206 citizens or entities who specifically request notice in writing.
1207 (iii) Public notice shall be given by publication on the Utah Public Notice Website
1208 created in Section 63A-16-601.
1209 (iv) The notice shall be published to allow reasonable time for interested parties and
1210 the state to evaluate the information regarding the provisions of Subsection 17-27a-401(4),
1211 including publication described in Subsection (3)(c)(iii) for 180 days before the date of the
1212 hearing to be held under this Subsection (3).
1213 (4) (a) After the public hearing required under this section, the legislative body may
1214 adopt, reject, or make any revisions to the proposed general plan that it considers appropriate.
1215 (b) The legislative body shall respond in writing and in a substantive manner to all
1216 those providing comments as a result of the hearing required by Subsection (3).
1217 (c) If the county legislative body rejects the proposed general plan or amendment, it
1218 may provide suggestions to the planning commission for the planning commission's review and
1219 recommendation.
1220 (5) The legislative body shall adopt:
1221 (a) a land use element as provided in Subsection 17-27a-403(2)(a)(i);
1222 (b) a transportation and traffic circulation element as provided in Subsection
1223 17-27a-403(2)(a)(ii);
1224 [
1225
1226 (c) for a specified county as defined in Section 17-27-408, a moderate income housing
1227 element as provided in Subsection 17-27a-403(2)(a)(iii); and
1228 (d) [
1229 17-27a-403(2)(a)(iv).
1230 Section 12. Section 17-27a-408 is amended to read:
1231 17-27a-408. Moderate income housing report -- Contents -- Prioritization for
1232 funds -- Ineligibility for funds after noncompliance -- Civil actions.
1233 [
1234
1235 [
1236
1237 [
1238 [
1239 [
1240 [
1241
1242 [
1243
1244
1245 [
1246 [
1247 [
1248 [
1249
1250
1251 [
1252
1253 [
1254
1255
1256
1257
1258 (a) "Division" means the Housing and Community Development Division within the
1259 Department of Workforce Services.
1260 (b) "Implementation plan" means the implementation plan adopted as part of the
1261 moderate income housing element of a specified county's general plan as provided in
1262 Subsection 10-9a-403(2)(c).
1263 (c) "Moderate income housing report" or "report" means the report described in
1264 Subsection (2)(a).
1265 (d) "Moderate income housing strategy" means a strategy described in Subsection
1266 17-27a-403(2)(b)(ii).
1267 (e) "Specified county" means a county of the first, second, or third class, which has a
1268 population of more than 5,000 in the county's unincorporated areas.
1269 (2) (a) Beginning in 2022, on or before October 1 of each calendar year, the legislative
1270 body of a specified county shall annually submit a written moderate income housing report to
1271 the division.
1272 (b) The moderate income housing report submitted in 2022 shall include:
1273 (i) a description of each moderate income housing strategy selected by the specified
1274 county for implementation; and
1275 (ii) an implementation plan.
1276 (c) The moderate income housing report submitted in each calendar year after 2022
1277 shall include:
1278 (i) the information required under Subsection (2)(b);
1279 (ii) a description of each action, whether one-time or ongoing, taken by the specified
1280 county during the previous fiscal year to implement the moderate income housing strategies
1281 selected by the specified county for implementation;
1282 (iii) a description of each land use regulation or land use decision made by the
1283 specified county during the previous fiscal year to implement the moderate income housing
1284 strategies, including an explanation of how the land use regulation or land use decision
1285 supports the specified county's efforts to implement the moderate income housing strategies;
1286 (iv) a description of any barriers encountered by the specified county in the previous
1287 fiscal year in implementing the moderate income housing strategies; and
1288 (v) information regarding the number of internal and external or detached accessory
1289 dwelling units located within the specified county for which the specified county:
1290 (A) issued a building permit to construct; or
1291 (B) issued a business license to rent;
1292 (vi) a description of how the market has responded to the selected moderate income
1293 housing strategies, including the number of entitled moderate income housing units or other
1294 relevant data; and
1295 (vii) any recommendations on how the state can support the specified county in
1296 implementing the moderate income housing strategies.
1297 (d) The moderate income housing report shall be in a form:
1298 (i) approved by the division; and
1299 (ii) made available by the division on or before July 1 of the year in which the report is
1300 required.
1301 (3) Within 90 days after the day on which the division receives a specified county's
1302 moderate income housing report, the division shall:
1303 (a) post the report on the division's website;
1304 (b) send a copy of the report to the Department of Transportation, the Governor's
1305 Office of Planning and Budget, the association of governments in which the specified county is
1306 located, and, if the unincorporated area of the specified county is located within the boundaries
1307 of a metropolitan planning organization, the appropriate metropolitan planning organization;
1308 and
1309 (c) subject to Subsection (4), review the report to determine compliance with
1310 Subsection (2).
1311 (4) (a) The report described in Subsection (2)(b) complies with Subsection (2) if the
1312 report:
1313 (i) includes the information required under Subsection (2)(b);
1314 (ii) demonstrates to the division that the specified county made plans to implement
1315 three or more moderate income housing strategies; and
1316 (iii) is in a form approved by the division.
1317 (b) The report described in Subsection (2)(c) complies with Subsection (2) if the
1318 report:
1319 (i) includes the information required under Subsection (2)(c);
1320 (ii) demonstrates to the division that the specified county made plans to implement
1321 three or more moderate income housing strategies;
1322 (iii) is in a form approved by the division; and
1323 (iv) provides sufficient information for the division to:
1324 (A) assess the specified county's progress in implementing the moderate income
1325 housing strategies;
1326 (B) monitor compliance with the specified county's implementation plan;
1327 (C) identify a clear correlation between the specified county's land use decisions and
1328 efforts to implement the moderate income housing strategies; and
1329 (D) identify how the market has responded to the specified county's selected moderate
1330 income housing strategies.
1331 (5) (a) A specified county qualifies for priority consideration under this Subsection (5)
1332 if the specified county's moderate income housing report:
1333 (i) complies with Subsection (2); and
1334 (ii) demonstrates to the division that the specified county made plans to implement five
1335 or more moderate income housing strategies.
1336 (b) The following apply to a specified county described in Subsection (5)(a) during the
1337 fiscal year immediately following the fiscal year in which the report is required:
1338 (i) the Department of Transportation may give priority consideration for programming
1339 funds from the Transportation Investment Fund of 2005, including the Transit Transportation
1340 Investment Fund, to a project that is located within the unincorporated areas of the specified
1341 county in accordance with Subsection 72-2-124(11); and
1342 (ii) the Governor's Office of Planning and Budget may give priority consideration for
1343 awarding a financial grant to the specified county under the COVID-19 Local Assistance
1344 Matching Grant Program in accordance with Subsection 63J-4-802(6).
1345 (c) Upon determining that a specified county qualifies for priority consideration under
1346 this Subsection (5), the division shall send a notice of prioritization to the legislative body of
1347 the specified county, the Department of Transportation, and the Governor's Office of Planning
1348 and Budget.
1349 (d) The notice described in Subsection (5)(c) shall:
1350 (i) name the specified county that qualifies for priority consideration;
1351 (ii) describe the funds for which the specified county qualifies to receive priority
1352 consideration;
1353 (iii) specify the fiscal year during which the specified county qualifies for priority
1354 consideration; and
1355 (iv) state the basis for the division's determination that the specified county qualifies
1356 for priority consideration.
1357 (6) (a) If the division, after reviewing a specified county's moderate income housing
1358 report, determines that the report does not comply with Subsection (2), the division shall send a
1359 notice of noncompliance to the legislative body of the specified county.
1360 (b) The notice described in Subsection (6)(a) shall:
1361 (i) describe each deficiency in the report and the actions needed to cure each
1362 deficiency;
1363 (ii) state that the specified county has an opportunity to cure the deficiencies within 45
1364 days after the day on which the notice is sent; and
1365 (iii) state that failure to cure the deficiencies within 90 days after the day on which the
1366 notice is sent will result in ineligibility for funds under Subsection (7).
1367 (7) (a) A specified county is ineligible for funds under this Subsection (7) if the
1368 specified county:
1369 (i) fails to submit a moderate income housing report to the division; or
1370 (ii) fails to cure the deficiencies in the specified county's moderate income housing
1371 report within 90 days after the day on which the division sent to the specified county a notice of
1372 noncompliance under Subsection (6).
1373 (b) The following apply to a specified county described in Subsection (7)(a) during the
1374 fiscal year immediately following the fiscal year in which the report is required:
1375 (i) the executive director of the Department of Transportation may not program funds
1376 from the Transportation Investment Fund of 2005, including the Transit Transportation
1377 Investment Fund, to a project that is located within the unincorporated areas of the specified
1378 county in accordance with Subsection 72-2-124(6); and
1379 (ii) the Governor's Office of Planning and Budget may not award a financial grant to
1380 the specified county under the COVID-19 Local Assistance Matching Grant Program in
1381 accordance with Subsection 63J-4-802(7).
1382 (c) Upon determining that a specified county is ineligible for funds under this
1383 Subsection (7), the division shall send a notice of ineligibility to the legislative body of the
1384 specified county, the Department of Transportation, and the Governor's Office of Planning and
1385 Budget.
1386 (d) The notice described in Subsection (7)(c) shall:
1387 (i) name the specified county that is ineligible for funds;
1388 (ii) describe the funds for which the specified county is ineligible to receive;
1389 (iii) specify the fiscal year during which the specified county is ineligible for funds;
1390 and
1391 (iv) state the basis for the division's determination that the specified county is ineligible
1392 for funds.
1393 [
1394 of Subsection 17-27a-404(5)(c), a plaintiff may not recover damages but may be awarded only
1395 injunctive or other equitable relief.
1396 Section 13. Section 17-27a-510.5 is amended to read:
1397 17-27a-510.5. Changes to dwellings -- Egress windows.
1398 (1) As used in this section:
1399 (a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
1400 (i) within a primary dwelling;
1401 (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
1402 time the internal accessory dwelling unit is created; and
1403 (iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
1404 (b) "Primary dwelling" means a single-family dwelling that:
1405 (i) is detached; and
1406 (ii) is occupied as the primary residence of the owner of record.
1407 (c) "Rental dwelling" means the same as that term is defined in Section 10-8-85.5.
1408 (2) A county ordinance adopted under Section 10-1-203.5 may not:
1409 (a) require physical changes in a structure with a legal nonconforming rental dwelling
1410 use unless the change is for:
1411 (i) the reasonable installation of:
1412 (A) a smoke detector that is plugged in or battery operated;
1413 (B) a ground fault circuit interrupter protected outlet on existing wiring;
1414 (C) street addressing;
1415 (D) except as provided in Subsection (3), an egress bedroom window if the existing
1416 bedroom window is smaller than that required by current State Construction Code;
1417 (E) an electrical system or a plumbing system, if the existing system is not functioning
1418 or is unsafe as determined by an independent electrical or plumbing professional who is
1419 licensed in accordance with Title 58, Occupations and Professions;
1420 (F) hand or guard rails; or
1421 (G) occupancy separation doors as required by the International Residential Code; or
1422 (ii) the abatement of a structure; or
1423 (b) be enforced to terminate a legal nonconforming rental dwelling use.
1424 (3) (a) A county may not require physical changes to install an egress or emergency
1425 escape window in an existing bedroom that complied with the State Construction Code in
1426 effect at the time the bedroom was finished if:
1427 (i) the dwelling is an owner-occupied dwelling or a rental dwelling that is:
1428 (A) a detached one-, two-, three-, or four-family dwelling; or
1429 (B) a town home that is not more than three stories above grade with a separate means
1430 of egress; and
1431 (ii) (A) the window in the existing bedroom is smaller than that required by current
1432 State Construction Code; and
1433 (B) the change would compromise the structural integrity of the structure or could not
1434 be completed in accordance with current State Construction Code, including set-back and
1435 window well requirements.
1436 (b) Subject to Section 17-27a-526, Subsection (3)(a) [
1437 internal accessory dwelling unit constructed before October 1, 2021.
1438 (4) Nothing in this section prohibits a county from:
1439 (a) regulating the style of window that is required or allowed in a bedroom;
1440 (b) requiring that a window in an existing bedroom be fully openable if the openable
1441 area is less than required by current State Construction Code; or
1442 (c) requiring that an existing window not be reduced in size if the openable area is
1443 smaller than required by current State Construction Code.
1444 Section 14. Section 17-27a-526 is amended to read:
1445 17-27a-526. Internal accessory dwelling units.
1446 (1) As used in this section:
1447 (a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
1448 (i) within a primary dwelling;
1449 (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
1450 time the internal accessory dwelling unit is created; and
1451 (iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
1452 (b) "Primary dwelling" means a single-family dwelling that:
1453 (i) is detached; and
1454 (ii) is occupied as the primary residence of the owner of record.
1455 (2) In any area zoned primarily for residential use:
1456 (a) the use of an internal accessory dwelling unit is a permitted use; and
1457 (b) except as provided in Subsections (3) and (4), a county may not establish any
1458 restrictions or requirements for the construction or use of one internal accessory dwelling unit
1459 within a primary dwelling, including a restriction or requirement governing:
1460 (i) the size of the internal accessory dwelling unit in relation to the primary dwelling;
1461 (ii) total lot size; or
1462 (iii) street frontage.
1463 (3) (a) This Subsection (3) applies only to an internal accessory dwelling unit created
1464 on or after October 1, 2021.
1465 [
1466 health, and fire codes.
1467 (c) A county shall require the owner of a primary dwelling to:
1468 (i) obtain a permit or license for renting an internal accessory dwelling unit; or
1469 (ii) obtain a building permit for constructing an internal accessory dwelling unit.
1470 [
1471 [
1472 dwelling unit;
1473 [
1474 does not change the appearance of the primary dwelling as a single-family dwelling;
1475 [
1476 [
1477 dwelling unit, regardless of whether the primary dwelling is existing or new construction; and
1478 [
1479 internal accessory dwelling unit is created within the garage or carport;
1480 [
1481 home as defined in Section 57-16-3;
1482 [
1483
1484 [
1485 district covering an area that is equivalent to 25% or less of the total unincorporated area in the
1486 county that is zoned primarily for residential use;
1487 [
1488 dwelling is served by a failing septic tank;
1489 [
1490 containing the primary dwelling is 6,000 square feet or less in size;
1491 [
1492 unit for a period of less than 30 consecutive days;
1493 [
1494 accessory dwelling unit is located in a dwelling that is not occupied as the owner's primary
1495 residence;
1496 [
1497 in accordance with Subsection (5); and
1498 [
1499 Subsection (6).
1500 (4) (a) This Subsection (4) applies only to an internal accessory dwelling unit
1501 constructed before October 1, 2021.
1502 (b) A county shall require the owner of a primary dwelling to obtain a permit or license
1503 for renting an internal accessory dwelling unit.
1504 (c) In accordance with Section 17-27a-510.5, a county may require the owner of a
1505 primary dwelling to:
1506 (i) install a smoke detector within an internal accessory dwelling unit that is plugged in
1507 or battery operated; and
1508 (ii) by no later than May 4, 2025, install an egress bedroom window within an internal
1509 accessory dwelling unit if the existing bedroom window is smaller than that required by current
1510 State Construction Code.
1511 (5) (a) In addition to any other legal or equitable remedies available to a county, a
1512 county may hold a lien against a property that contains an internal accessory dwelling unit if:
1513 (i) the owner of the property violates any of the provisions of this section or any
1514 ordinance adopted under Subsection (3) or (4);
1515 (ii) the county provides a written notice of violation in accordance with Subsection
1516 (5)(b);
1517 (iii) the county holds a hearing and determines that the violation has occurred in
1518 accordance with Subsection (5)(d), if the owner files a written objection in accordance with
1519 Subsection (5)(b)(iv);
1520 (iv) the owner fails to cure the violation within the time period prescribed in the
1521 written notice of violation under Subsection (5)(b);
1522 (v) the county provides a written notice of lien in accordance with Subsection (5)(c);
1523 and
1524 (vi) the county records a copy of the written notice of lien described in Subsection
1525 (5)(a)(iv) with the county recorder of the county in which the property is located.
1526 (b) The written notice of violation shall:
1527 (i) describe the specific violation;
1528 (ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity
1529 to cure the violation that is:
1530 (A) no less than 14 days after the day on which the county sends the written notice of
1531 violation, if the violation results from the owner renting or offering to rent the internal
1532 accessory dwelling unit for a period of less than 30 consecutive days; or
1533 (B) no less than 30 days after the day on which the county sends the written notice of
1534 violation, for any other violation; and
1535 (iii) state that if the owner of the property fails to cure the violation within the time
1536 period described in Subsection (5)(b)(ii), the county may hold a lien against the property in an
1537 amount of up to $100 for each day of violation after the day on which the opportunity to cure
1538 the violation expires;
1539 (iv) notify the owner of the property:
1540 (A) that the owner may file a written objection to the violation within 14 days after the
1541 day on which the written notice of violation is post-marked or posted on the property; and
1542 (B) of the name and address of the county office where the owner may file the written
1543 objection;
1544 (v) be mailed to:
1545 (A) the property's owner of record; and
1546 (B) any other individual designated to receive notice in the owner's license or permit
1547 records; and
1548 (vi) be posted on the property.
1549 (c) The written notice of lien shall:
1550 (i) comply with the requirements of Section 38-12-102;
1551 (ii) describe the specific violation;
1552 (iii) specify the lien amount, in an amount of up to $100 for each day of violation after
1553 the day on which the opportunity to cure the violation expires;
1554 (iv) be mailed to:
1555 (A) the property's owner of record; and
1556 (B) any other individual designated to receive notice in the owner's license or permit
1557 records; and
1558 (v) be posted on the property.
1559 (d) (i) If an owner of property files a written objection in accordance with Subsection
1560 (5)(b)(iv), the county shall:
1561 (A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings
1562 Act, to conduct a review and determine whether the specific violation described in the written
1563 notice of violation under Subsection (5)(b) has occurred; and
1564 (B) notify the owner in writing of the date, time, and location of the hearing described
1565 in Subsection (5)(d)(i)(A) no less than 14 days before the day on which the hearing is held.
1566 (ii) If an owner of property files a written objection under Subsection (5)(b)(iv), a
1567 county may not record a lien under this Subsection (5) until the county holds a hearing and
1568 determines that the specific violation has occurred.
1569 (iii) If the county determines at the hearing that the specific violation has occurred, the
1570 county may impose a lien in an amount of up to $100 for each day of violation after the day on
1571 which the opportunity to cure the violation expires, regardless of whether the hearing is held
1572 after the day on which the opportunity to cure the violation has expired.
1573 (e) If an owner cures a violation within the time period prescribed in the written notice
1574 of violation under Subsection (5)(b), the county may not hold a lien against the property, or
1575 impose any penalty or fee on the owner, in relation to the specific violation described in the
1576 written notice of violation under Subsection (5)(b).
1577 (6) (a) A county that issues, on or after October 1, 2021, a permit or license to an
1578 owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to
1579 an owner of a primary dwelling to create an internal accessory dwelling unit, may record a
1580 notice in the office of the recorder of the county in which the primary dwelling is located.
1581 (b) The notice described in Subsection (6)(a) shall include:
1582 (i) a description of the primary dwelling;
1583 (ii) a statement that the primary dwelling contains an internal accessory dwelling unit;
1584 and
1585 (iii) a statement that the internal accessory dwelling unit may only be used in
1586 accordance with the county's land use regulations.
1587 (c) The county shall, upon recording the notice described in Subsection (6)(a), deliver a
1588 copy of the notice to the owner of the internal accessory dwelling unit.
1589 Section 15. Section 35A-8-101 is amended to read:
1590 35A-8-101. Definitions.
1591 As used in this chapter:
1592 (1) "Accessible housing" means housing which has been constructed or modified to be
1593 accessible, as described in the State Construction Code or an approved code under Title 15A,
1594 State Construction and Fire Codes Act.
1595 (2) "Director" means the director of the division.
1596 (3) "Division" means the Housing and Community Development Division.
1597 (4) "Moderate income housing" means housing occupied or reserved for occupancy by
1598 households with a gross household income equal to or less than 80% of the median gross
1599 income for households of the same size in the county in which the housing is located.
1600 (5) "Moderate income housing unit" means a housing unit that qualifies as moderate
1601 income housing.
1602 Section 16. Section 35A-8-503 is amended to read:
1603 35A-8-503. Housing loan fund board -- Duties -- Expenses.
1604 (1) There is created the Olene Walker Housing Loan Fund Board.
1605 (2) The board is composed of [
1606 (a) The governor shall appoint the following members to four-year terms:
1607 (i) two members from local governments[
1608 (A) one member shall be a locally elected official who resides in a county of the first or
1609 second class; and
1610 (B) one member shall be a locally elected official who resides in a county of the third,
1611 fourth, fifth, or sixth class;
1612 (ii) two members from the mortgage lending community[
1613 (A) one member shall have expertise in single-family mortgage lending; and
1614 (B) one member shall have expertise in multi-family mortgage lending;
1615 (iii) one member from real estate sales interests;
1616 (iv) [
1617 (A) one member shall have expertise in single-family residential construction; and
1618 (B) one member shall have expertise in multi-family residential construction;
1619 (v) one member from rental housing interests;
1620 (vi) [
1621 (A) one member who resides within any area in a county of the first or second class;
1622 and
1623 (B) one member who resides within any area in a county of the third, fourth, fifth, or
1624 sixth class;
1625 (vii) one member of the manufactured housing interest;
1626 (viii) one member with expertise in transit-oriented developments; and
1627 (ix) one member who represents rural interests.
1628 (b) The director or the director's designee serves as the secretary of the board.
1629 (c) The members of the board shall annually elect a chair from among the voting
1630 membership of the board.
1631 (3) (a) Notwithstanding the requirements of Subsection (2), the governor shall, at the
1632 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1633 board members are staggered so that approximately half of the board is appointed every two
1634 years.
1635 (b) When a vacancy occurs in the membership for any reason, the replacement is
1636 appointed for the unexpired term.
1637 (4) (a) The board shall:
1638 (i) meet regularly, at least quarterly to conduct business of the board, on dates fixed by
1639 the board;
1640 (ii) meet twice per year, with at least one of the meetings in a rural area of the state, to
1641 provide information to and receive input from the public regarding the state's housing policies
1642 and needs;
1643 (iii) keep minutes of its meetings; and
1644 (iv) comply with the procedures and requirements of Title 52, Chapter 4, Open and
1645 Public Meetings Act.
1646 (b) [
1647 or a majority of the board may call a meeting of the board.
1648 (5) The board shall:
1649 (a) review the housing needs in the state;
1650 (b) determine the relevant operational aspects of any grant, loan, or revenue collection
1651 program established under the authority of this chapter;
1652 (c) determine the means to implement the policies and goals of this chapter;
1653 (d) select specific projects to receive grant or loan money; and
1654 (e) determine how fund money shall be allocated and distributed.
1655 (6) A member may not receive compensation or benefits for the member's service, but
1656 may receive per diem and travel expenses in accordance with:
1657 (a) Section 63A-3-106;
1658 (b) Section 63A-3-107; and
1659 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1660 63A-3-107.
1661 Section 17. Section 35A-8-504 is amended to read:
1662 35A-8-504. Distribution of fund money.
1663 (1) As used in this section:
1664 (a) "Community" means the same as that term is defined in Section 17C-1-102.
1665 (b) "Income targeted housing" means the same as that term is defined in Section
1666 17C-1-102.
1667 [
1668 (a) make grants and loans from the fund for any of the activities authorized by Section
1669 35A-8-505, as directed by the board;
1670 (b) establish the criteria with the approval of the board by which loans and grants will
1671 be made; and
1672 (c) determine with the approval of the board the order in which projects will be funded.
1673 [
1674 money contained in the fund according to the procedures, conditions, and restrictions placed
1675 upon the use of the money by the federal government.
1676 [
1677 received under Section 17C-1-412 to pay the costs of providing income targeted housing within
1678 the community that created the community reinvestment agency under Title 17C, Limited
1679 Purpose Local Government Entities - Community Reinvestment Agency Act.
1680 [
1681 [
1682 [
1683
1684 [
1685 money appropriated for use in accordance with Section 35A-8-2105, the executive director
1686 shall distribute, as directed by the board, money in the fund according to the following
1687 requirements:
1688 [
1689
1690 [
1691 benefit persons whose annual income is at or below 50% of the median family income for the
1692 state;
1693 [
1694 the fund, including any appropriation to the fund to offset department or board administrative
1695 expenses;
1696 [
1697 benefit persons whose annual income is at or below 80% of the median family income for the
1698 state; and
1699 [
1700 accordance with this section, the interest rate of the loan shall be based on the borrower's
1701 ability to pay.
1702 [
1703 (a) enact rules to establish procedures for the grant and loan process by following the
1704 procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1705 and
1706 (b) service or contract, under Title 63G, Chapter 6a, Utah Procurement Code, for the
1707 servicing of loans made by the fund.
1708 Section 18. Section 35A-8-507.5 is amended to read:
1709 35A-8-507.5. Predevelopment grants.
1710 [
1711 [
1712
1713 [
1714 [
1715 [
1716 [
1717
1718 (1) The executive director may, under the direction of the board, award one or more
1719 predevelopment grants to a nonprofit or for-profit entity:
1720 (a) in preparation for a project that:
1721 (i) involves the construction of moderate income housing units; and
1722 (ii) is located within:
1723 (A) a city of the fifth or sixth class, or a town, in a rural area of the state; or
1724 (B) any municipality or unincorporated area in a county of the fourth, fifth, or sixth
1725 class; and
1726 (b) in an amount of no more than $50,000 per project.
1727 (2) The executive director shall, under the direction of the board [
1728 predevelopment grant in accordance with the provisions of this section and the provisions
1729 related to grant applications, grant awards, and reporting requirements in this part.
1730 (3) [
1731 (a) may [
1732 predevelopment funds needed to prepare for the construction of low-income housing units,
1733 including market studies, surveys, environmental and impact studies, technical assistance, and
1734 preliminary architecture, engineering, or legal work; and
1735 (b) may not [
1736
1737 (4) The executive director shall, under the direction of the board [
1738 awarding of a predevelopment grant for a project [
1739 (a) a county of the fifth or sixth class [
1740 and
1741 (b) an area that has underdeveloped infrastructure, as demonstrated by at least two of
1742 the following:
1743 [
1744 [
1745 [
1746 [
1747 [
1748 Section 19. Section 35A-8-508 is amended to read:
1749 35A-8-508. Annual accounting.
1750 (1) The executive director shall monitor the activities of recipients of grants and loans
1751 issued under this part on a yearly basis to ensure compliance with the terms and conditions
1752 imposed on the recipient by the executive director with the approval of the board or by this
1753 part.
1754 (2) [
1755 from the fund under this part shall provide the executive director with an annual accounting of
1756 how the money the entity received from the fund has been spent.
1757 (3) The executive director shall make an annual report to the board accounting for the
1758 expenditures authorized by the board.
1759 (4) The board shall submit a report to the department for inclusion in the annual
1760 written report described in Section 35A-1-109:
1761 (a) accounting for expenditures authorized by the board; and
1762 (b) evaluating the effectiveness of the program.
1763 Section 20. Section 35A-8-509 is amended to read:
1764 35A-8-509. Economic Revitalization and Investment Fund.
1765 (1) There is created an enterprise fund known as the "Economic Revitalization and
1766 Investment Fund."
1767 (2) The Economic Revitalization and Investment Fund consists of money from the
1768 following:
1769 (a) money appropriated to the account by the Legislature;
1770 (b) private contributions;
1771 (c) donations or grants from public or private entities; and
1772 (d) money returned to the department under [
1773 35A-8-512(3)(a).
1774 (3) The Economic Revitalization and Investment Fund shall earn interest, which shall
1775 be deposited into the Economic Revitalization and Investment Fund.
1776 (4) The executive director may distribute money from the Economic Revitalization and
1777 Investment Fund to one or more projects that:
1778 (a) include affordable housing units for households[
1779 than 30% of the area median income for households of the same size in the county or
1780 municipality where the project is located; and
1781 [
1782
1783 (b) have been approved by the board in accordance with Section 35A-8-510.
1784 (5) (a) A housing sponsor may apply to the department to receive a distribution in
1785 accordance with Subsection (4).
1786 (b) The application shall include:
1787 (i) the location of the project;
1788 (ii) the number, size, and tenant income requirements of affordable housing units
1789 described in Subsection (4)(a) that will be included in the project; and
1790 (iii) a written commitment to enter into a deed restriction that reserves for a period of
1791 30 years the affordable housing units described in Subsection (5)(b)(ii) or their equivalent for
1792 occupancy by households that meet the income requirements described in Subsection (5)(b)(ii).
1793 (c) The commitment in Subsection (5)(b)(iii) shall be considered met if a housing unit
1794 is:
1795 (i) (A) occupied or reserved for occupancy by a household whose income is no more
1796 than 30% of the area median income for households of the same size in the county or
1797 municipality where the project is located; or
1798 (B) occupied by a household whose income is no more than 60% of the area median
1799 income for households of the same size in the county or municipality where the project is
1800 located if that household met the income requirement described in Subsection (4)(a) when the
1801 household originally entered into the lease agreement for the housing unit; and
1802 (ii) rented at a rate no greater than the rate described in Subsection 35A-8-511(2)(b).
1803 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1804 department may make additional rules providing procedures for a person to apply to the
1805 department to receive a distribution described in Subsection (4).
1806 (6) The executive director may expend up to 3% of the revenues of the Economic
1807 Revitalization and Investment Fund, including any appropriation to the Economic
1808 Revitalization and Investment Fund, to offset department or board administrative expenses.
1809 Section 21. Section 35A-8-509.5 is enacted to read:
1810 35A-8-509.5. Rural Housing Fund.
1811 (1) There is created an enterprise fund known as the "Rural Housing Fund."
1812 (2) The Rural Housing Fund consists of money from the following:
1813 (a) money appropriated to the account by the Legislature;
1814 (b) private contributions;
1815 (c) donations or grants from public or private entities; and
1816 (d) money returned to the department under Subsection 35A-8-512(3)(b).
1817 (3) The Rural Housing Fund shall earn interest, which shall be deposited into the Rural
1818 Housing Fund.
1819 (4) Subject to appropriation, the executive director may expend funds in the Rural
1820 Housing Fund to provide loans for projects that:
1821 (a) are located within:
1822 (i) a county of the third, fourth, fifth, or sixth class; or
1823 (ii) a municipality in a county of the second class with a population of 10,000 or less;
1824 (b) include moderate income housing units; and
1825 (c) have been approved by the board in accordance with Section 35A-8-510.
1826 (5) (a) A housing sponsor may apply to the department to receive a loan under this
1827 section.
1828 (b) An application under Subsection (5)(a) shall specify:
1829 (i) the location of the project;
1830 (ii) the number, size, and income requirements of moderate income housing units that
1831 will be included in the project; and
1832 (iii) a written commitment to enter into a deed restriction that reserves for a period of
1833 50 years the moderate income housing units described in Subsection (5)(b)(ii).
1834 (c) A commitment under Subsection (5)(b)(iii) shall be considered satisfied if a
1835 housing unit is occupied by a household that met the income requirement for moderate income
1836 housing when the household originally entered into the lease agreement for the housing unit.
1837 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1838 department may make rules establishing procedures and requirements for housing sponsors to
1839 apply for and receive loans under this section.
1840 (6) The executive director may expend up to 3% of the revenues of the Rural Housing
1841 Fund, including any appropriation to the Rural Housing Fund, to offset department or board
1842 administrative expenses.
1843 Section 22. Section 35A-8-510 is amended to read:
1844 35A-8-510. Housing loan fund board approval.
1845 (1) The board shall review the project applications described in [
1846 Subsections 35A-8-509(5) and 35A-8-509.5(5).
1847 (2) (a) The board may approve a project that meets the requirements of Subsections
1848 35A-8-509(4) and (5) to receive funds from the Economic Revitalization and Investment Fund.
1849 (b) The board may approve a project that meets the requirements of Subsections
1850 35A-8-509.5(4) and (5) to receive funds from the Rural Housing Fund.
1851 (3) The board shall give preference to projects:
1852 (a) that include significant additional or matching funds from an individual, private
1853 organization, or local government entity;
1854 (b) that include significant contributions by the applicant to total project costs,
1855 including contributions secured by the applicant from other sources such as professional, craft,
1856 and trade services and lender interest rate subsidies;
1857 (c) with significant local government contributions in the form of infrastructure,
1858 improvements, or other assistance;
1859 (d) where the applicant has demonstrated the ability, stability, and resources to
1860 complete the project;
1861 (e) that will serve the greatest need;
1862 (f) that promote economic development benefits;
1863 (g) that allow integration into a local government housing plan;
1864 (h) that would mitigate or correct existing health, safety, or welfare concerns; or
1865 (i) that remedy a gap in the supply of and demand for affordable housing.
1866 Section 23. Section 35A-8-511 is amended to read:
1867 35A-8-511. Activities authorized to receive account money.
1868 [
1869 and Investment Fund and the Rural Housing Fund for any of the following activities
1870 undertaken as part of an approved project:
1871 [
1872 [
1873 [
1874 [
1875 [
1876 building that will include [
1877 [
1878
1879
1880
1881
1882
1883 [
1884
1885
1886 [
1887
1888 [
1889 [
1890 [
1891 [
1892 [
1893 [
1894 Section 24. Section 35A-8-512 is amended to read:
1895 35A-8-512. Repayment of funds.
1896 (1) Upon the earlier of 30 years from the date an approved project is placed in service
1897 or the sale or transfer of the affordable housing units acquired, constructed, or rehabilitated as
1898 part of an approved project funded under [
1899 housing sponsor shall remit to the department:
1900 (a) the total amount of money distributed by the department to the housing sponsor for
1901 the project; and
1902 (b) an additional amount of money determined by contract with the department prior to
1903 the initial disbursement of money [
1904 (2) Any claim arising under Subsection (1) is a lien against the real property funded
1905 under this chapter.
1906 (3) (a) Any money returned to the department under Subsection (1) from a housing
1907 sponsor that received funds from the Economic Revitalization and Investment Fund shall be
1908 deposited in the Economic Revitalization and Investment Fund.
1909 (b) Any money returned to the department under Subsection (1) from a housing
1910 sponsor that received funds from the Rural Housing Fund shall be deposited in the Rural
1911 Housing Fund.
1912 Section 25. Section 35A-8-513 is amended to read:
1913 35A-8-513. Annual accounting.
1914 (1) The executive director shall monitor the activities of recipients of funds from the
1915 Economic Revitalization and Investment Fund and the Rural Housing Fund on a yearly basis to
1916 ensure compliance with the terms and conditions imposed on the recipient by the executive
1917 director with the approval of the board.
1918 (2) (a) A housing sponsor that receives funds from the Economic Revitalization and
1919 Investment Fund shall provide the executive director with an annual accounting of how the
1920 money the entity received from the Economic Revitalization and Investment Fund has been
1921 spent and evidence that the commitment described in Subsection 35A-8-509(5) has been met.
1922 (b) A housing sponsor that receives funds from the Rural Housing Fund shall provide
1923 the executive director with an annual accounting of how the money the entity received from the
1924 Rural Housing Fund has been spent and evidence that the commitment described in Subsection
1925 35A-8-509.5(5) has been met.
1926 (3) The executive director shall make an annual report to the board accounting for the
1927 expenditures authorized by the board under the Economic Revitalization and Investment Fund
1928 and the Rural Housing Fund.
1929 (4) The board shall submit a report to the department for inclusion in the annual
1930 written report described in Section 35A-1-109 that includes:
1931 (a) an accounting for expenditures authorized by the board; and
1932 (b) an evaluation of the effectiveness of [
1933 Section 26. Section 35A-8-803 is amended to read:
1934 35A-8-803. Division -- Functions.
1935 (1) In addition to any other functions the governor or Legislature may assign:
1936 (a) the division shall:
1937 (i) provide a clearinghouse of information for federal, state, and local housing
1938 assistance programs;
1939 (ii) establish, in cooperation with political subdivisions, model plans and management
1940 methods to encourage or provide for the development of affordable housing that may be
1941 adopted by political subdivisions by reference;
1942 (iii) undertake, in cooperation with political subdivisions, a realistic assessment of
1943 problems relating to housing needs, such as:
1944 (A) inadequate supply of dwellings;
1945 (B) substandard dwellings; and
1946 (C) inability of medium and low income families to obtain adequate housing;
1947 (iv) provide the information obtained under Subsection (1)(a)(iii) to:
1948 (A) political subdivisions;
1949 (B) real estate developers;
1950 (C) builders;
1951 (D) lending institutions;
1952 (E) affordable housing advocates; and
1953 (F) others having use for the information;
1954 (v) advise political subdivisions of serious housing problems existing within their
1955 jurisdiction that require concerted public action for solution;
1956 (vi) assist political subdivisions in defining housing objectives and in preparing for
1957 adoption a plan of action covering a five-year period designed to accomplish housing
1958 objectives within their jurisdiction; [
1959 (vii) for municipalities or counties required to submit an annual moderate income
1960 housing report to the department as described in Section 10-9a-408 or 17-27a-408:
1961 (A) assist in the creation of the reports; and
1962 [
1963 (B) review the reports to meet the requirements of Sections 10-9a-408 and 17-27a-408;
1964 (viii) establish and maintain a database of moderate income housing units located
1965 within the state; and
1966 (ix) on or before December 1, 2022, develop and submit to the Commission on
1967 Housing Affordability a methodology for determining whether a municipality or county is
1968 taking sufficient measures to protect and promote moderate income housing in accordance with
1969 the provisions of Sections 10-9a-403 and 17-27a-403; and
1970 (b) within legislative appropriations, the division may accept for and on behalf of, and
1971 bind the state to, any federal housing or homeless program in which the state is invited,
1972 permitted, or authorized to participate in the distribution, disbursement, or administration of
1973 any funds or service advanced, offered, or contributed in whole or in part by the federal
1974 government.
1975 (2) The administration of any federal housing program in which the state is invited,
1976 permitted, or authorized to participate in distribution, disbursement, or administration of funds
1977 or services, except those administered by the Utah Housing Corporation, is governed by
1978 Sections 35A-8-501 through 35A-8-508.
1979 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1980 department shall make rules describing the [
1981 housing reports described in Subsection (1)(a)(vii).
1982 Section 27. Section 35A-8-2105 is amended to read:
1983 35A-8-2105. Allocation of volume cap.
1984 (1) (a) Subject to Subsection (1)(b), the volume cap for each year shall be distributed
1985 by the board of review to the allotment accounts as described in Section 35A-8-2106.
1986 (b) The board of review may distribute up to 50% of each increase in the volume cap
1987 for use in development that occurs in quality growth areas, depending upon the board's analysis
1988 of the relative need for additional volume cap between development in quality growth areas
1989 and the allotment accounts under Section 35A-8-2106.
1990 (2) To obtain an allocation of the volume cap, issuing authorities shall submit to the
1991 board of review an application containing information required by the procedures and
1992 processes of the board of review.
1993 (3) (a) The board of review shall establish criteria for making allocations of volume
1994 cap that are consistent with the purposes of the code and this part.
1995 (b) In making an allocation of volume cap the board of review shall consider the
1996 following:
1997 (i) the principal amount of the bonds proposed to be issued;
1998 (ii) the nature and the location of the project or the type of program;
1999 (iii) the likelihood that the bonds will be sold and the timeframe of bond issuance;
2000 (iv) whether the project or program could obtain adequate financing without an
2001 allocation of volume cap;
2002 (v) the degree to which an allocation of volume cap is required for the project or
2003 program to proceed or continue;
2004 (vi) the social, health, economic, and educational effects of the project or program on
2005 the local community and state as a whole;
2006 (vii) the anticipated economic development created or retained within the local
2007 community and the state as a whole;
2008 (viii) the anticipated number of jobs, both temporary and permanent, created or
2009 retained within the local community and the state as a whole;
2010 (ix) if the project is a residential rental project, the degree to which the residential
2011 rental project:
2012 (A) targets lower income populations; and
2013 (B) is accessible housing; and
2014 (x) whether the project meets the principles of quality growth recommended by the
2015 Quality Growth Commission created in Section 11-38-201.
2016 (4) The board of review shall provide evidence of an allocation of volume cap by
2017 issuing a certificate in accordance with Section 35A-8-2107.
2018 (5) (a) [
2019 board of review shall set aside at least 50% of the Small Issue Bond Account that may only be
2020 allocated to manufacturing projects.
2021 (b) [
2022 board of review shall set aside at least 50% of the Pool Account that may only be allocated to
2023 manufacturing projects.
2024 (c) The board of review is not required to set aside any unused volume cap under
2025 Subsection 35A-8-2106(2)(c) to satisfy the requirements of Subsection (5)(a) or (b).
2026 Section 28. Section 35A-8-2106 is amended to read:
2027 35A-8-2106. Allotment accounts.
2028 (1) There are created the following allotment accounts:
2029 (a) the Single Family Housing Account, for which eligible issuing authorities are those
2030 authorized under the code and state statute to issue qualified mortgage bonds under Section 143
2031 of the code;
2032 (b) the Student Loan Account, for which eligible issuing authorities are those
2033 authorized under the code and state statute to issue qualified student loan bonds under Section
2034 144(b) of the code;
2035 (c) the Small Issue Bond Account, for which eligible issuing authorities are those
2036 authorized under the code and state statute to issue:
2037 (i) qualified small issue bonds under Section 144(a) of the code;
2038 (ii) qualified exempt facility bonds for qualified residential rental projects under
2039 Section 142(d) of the code; or
2040 (iii) qualified redevelopment bonds under Section 144(c) of the code;
2041 (d) the Exempt Facilities Account, for which eligible issuing authorities are those
2042 authorized under the code and state statute to issue any bonds requiring an allocation of volume
2043 cap other than for purposes described in [
2044 (e) the Pool Account, for which eligible issuing authorities are those authorized under
2045 the code and state statute to issue any bonds requiring an allocation of volume cap; and
2046 (f) the Carryforward Account, for which eligible issuing authorities are those with
2047 projects or programs qualifying under Section 146(f) of the code.
2048 (2) (a) The volume cap shall be distributed to the allotment accounts on January 1 of
2049 each year on the following basis:
2050 (i) 42% to the Single Family Housing Account;
2051 (ii) 33% to the Student Loan Account;
2052 (iii) 1% to the Exempt Facilities Account; and
2053 (iv) 24% to the Small Issue Bond Account.
2054 (b) From July 1 to September 30 of each year, the board of review may transfer any
2055 unallocated volume cap from the Exempt Facilities Account or the Small Issue Bond Account
2056 to the Pool Account.
2057 (c) Upon written notification by the issuing authorities eligible for volume cap
2058 allocation from the Single Family Housing Account or the Student Loan Account that all or a
2059 portion of volume cap distributed into that allotment account will not be used, the board of
2060 review may transfer the unused volume cap [
2061
2062 (d) From October 1 to the third Friday of December of each year, the board of review
2063 shall transfer all unallocated volume cap into the Pool Account.
2064 (e) On the third Saturday of December of each year, the board of review shall transfer
2065 uncollected volume cap, or allocated volume cap for which bonds have not been issued prior to
2066 the third Saturday of December, into the Carryforward Account.
2067 (f) If the authority to issue bonds designated in any allotment account is rescinded by
2068 amendment to the code, the board of review may transfer any unallocated volume cap from that
2069 allotment account to any other allotment account.
2070 Section 29. Section 35A-8-2203 is amended to read:
2071 35A-8-2203. Duties of the commission.
2072 (1) The commission's duties include:
2073 (a) increasing public and government awareness and understanding of the housing
2074 affordability needs of the state and how those needs may be most effectively and efficiently
2075 met, through empirical study and investigation;
2076 (b) identifying and recommending implementation of specific strategies, policies,
2077 procedures, and programs to address the housing affordability needs of the state;
2078 (c) facilitating the communication and coordination of public and private entities that
2079 are involved in developing, financing, providing, advocating for, and administering affordable
2080 housing in the state;
2081 (d) studying, evaluating, and reporting on the status and effectiveness of policies,
2082 procedures, and programs that address housing affordability in the state;
2083 (e) studying and evaluating the policies, procedures, and programs implemented by
2084 other states that address housing affordability;
2085 (f) providing a forum for public comment on issues related to housing affordability;
2086 [
2087 (g) providing recommendations to the governor and Legislature on strategies, policies,
2088 procedures, and programs to address the housing affordability needs of the state[
2089 (h) on or before December 31, 2022, approving the methodology developed by the
2090 division under Subsection 35A-8-803(1)(a)(ix).
2091 (2) To accomplish its duties, the commission may:
2092 (a) request and receive from a state or local government agency or institution summary
2093 information relating to housing affordability, including:
2094 (i) reports;
2095 (ii) audits;
2096 (iii) projections; and
2097 (iv) statistics; and
2098 (b) appoint one or more advisory groups to advise and assist the commission.
2099 (3) (a) A member of an advisory group described in Subsection (2)(b):
2100 (i) shall be appointed by the commission;
2101 (ii) may be:
2102 (A) a member of the commission; or
2103 (B) an individual from the private or public sector; and
2104 (iii) notwithstanding Section 35A-8-2202, may not receive reimbursement or pay for
2105 any work done in relation to the advisory group.
2106 (b) An advisory group described in Subsection (2)(b) shall report to the commission on
2107 the progress of the advisory group.
2108 Section 30. Section 63J-4-802 is amended to read:
2109 63J-4-802. Creation of COVID-19 Local Assistance Matching Grant Program --
2110 Eligibility -- Duties of the office.
2111 (1) There is established a grant program known as COVID-19 Local Assistance
2112 Matching Grant Program that is administered by the office.
2113 (2) The office shall award financial grants to local governments that meet the
2114 qualifications described in Subsection (3) to provide support for:
2115 (a) projects or services that address the economic impacts of the COVID-19 emergency
2116 on housing insecurity, lack of affordable housing, or homelessness;
2117 (b) costs incurred in addressing public health challenges resulting from the COVID-19
2118 emergency;
2119 (c) necessary investments in water and sewer infrastructure; or
2120 (d) any other purpose authorized under the American Rescue Plan Act.
2121 (3) To be eligible for a grant under this part, a local government shall:
2122 (a) provide matching funds in an amount determined by the office; and
2123 (b) certify that the local government will spend grant funds:
2124 (i) on a purpose described in Subsection (2);
2125 (ii) within the time period determined by the office; and
2126 (iii) in accordance with the American Rescue Plan Act.
2127 (4) As soon as is practicable, but on or before September 15, 2021, the office shall,
2128 with recommendations from the review committee, establish:
2129 (a) procedures for applying for and awarding grants under this part, using an online
2130 grants management system that:
2131 (i) manages each grant throughout the duration of the grant;
2132 (ii) allows for:
2133 (A) online submission of grant applications; and
2134 (B) auditing and reporting for a local government that receives grant funds; and
2135 (iii) generates reports containing information about each grant;
2136 (b) criteria for awarding grants; and
2137 (c) reporting requirements for grant recipients.
2138 (5) Subject to appropriation, the office shall award grant funds on a competitive basis
2139 until December 31, 2024.
2140 (6) If the office receives a notice of prioritization for a municipality as described in
2141 Subsection 10-9a-408(5), or a notice of prioritization for a county as described in Subsection
2142 17-27a-408(5), the office may prioritize the awarding of a financial grant under this section to
2143 the municipality or county during the fiscal year specified in the notice.
2144 (7) If the office receives a notice of ineligibility for a municipality as described in
2145 Subsection 10-9a-408(7), or a notice of ineligibility for a county as described in Subsection
2146 17-27a-408(7), the office may not award a financial grant under this section to the municipality
2147 or county during the fiscal year specified in the notice.
2148 [
2149 submit a report to the Executive Appropriations Committee that includes:
2150 (a) a summary of the procedures, criteria, and requirements established under
2151 Subsection (4);
2152 (b) a summary of the recommendations of the review committee under Section
2153 63J-4-803;
2154 (c) the number of applications submitted under the grant program during the previous
2155 year;
2156 (d) the number of grants awarded under the grant program during the previous year;
2157 (e) the aggregate amount of grant funds awarded under the grant program during the
2158 previous year; and
2159 (f) any other information the office considers relevant to evaluating the success of the
2160 grant program.
2161 [
2162 program to pay for administrative costs.
2163 Section 31. Section 63L-12-101 is enacted to read:
2164
2165
2166 63L-12-101. Definitions.
2167 As used in this chapter:
2168 (1) "Governmental entity" means:
2169 (a) an agency, as that term is defined in Section 63G-10-102;
2170 (b) the School and Institutional Trust Lands Administration created in Section
2171 53C-1-201;
2172 (c) the School and Institutional Trust Lands Board of Trustees created in Section
2173 53C-1-202; or
2174 (d) a political subdivision, as that term is defined in Section 63L-11-102.
2175 (2) "Moderate income housing" means housing occupied or reserved for occupancy by
2176 households with a gross household income equal to or less than 80% of the median gross
2177 income for households of the same size in the county in which the housing is located.
2178 (3) "Municipality" means the same as that term is defined in Section 10-1-104.
2179 Section 32. Section 63L-12-102, which is renumbered from Section 10-8-501 is
2180 renumbered and amended to read:
2181 [
2182 [
2183
2184
2185
2186 [
2187
2188 [
2189
2190
2191 housing on the real property.
2192 [
2193 (2) A governmental entity shall ensure that real property granted [
2194 under Subsection [
2195 least 30 years after the day on which each [
2196 completed and occupied.
2197 [
2198 property under this section shall comply with:
2199 (a) the provisions of Title 78B, Chapter 6, Part 5, Eminent Domain[
2200 (b) Subsection 10-8-2(4), if a municipality is granting real property under this section;
2201 (c) Subsection 17-50-312(5), if a county is granting real property under this section;
2202 and
2203 (d) except as provided in Subsection (4), any other applicable provisions of law that
2204 govern the granting of real property by the governmental entity.
2205 [
2206 provisions of Subsection 10-8-2(3).
2207 Section 33. Section 72-2-124 is amended to read:
2208 72-2-124. Transportation Investment Fund of 2005.
2209 (1) There is created a capital projects fund entitled the Transportation Investment Fund
2210 of 2005.
2211 (2) The fund consists of money generated from the following sources:
2212 (a) any voluntary contributions received for the maintenance, construction,
2213 reconstruction, or renovation of state and federal highways;
2214 (b) appropriations made to the fund by the Legislature;
2215 (c) registration fees designated under Section 41-1a-1201;
2216 (d) the sales and use tax revenues deposited into the fund in accordance with Section
2217 59-12-103; and
2218 (e) revenues transferred to the fund in accordance with Section 72-2-106.
2219 (3) (a) The fund shall earn interest.
2220 (b) All interest earned on fund money shall be deposited into the fund.
2221 (4) (a) Except as provided in Subsection (4)(b), the executive director may only use
2222 fund money to pay:
2223 (i) the costs of maintenance, construction, reconstruction, or renovation to state and
2224 federal highways prioritized by the Transportation Commission through the prioritization
2225 process for new transportation capacity projects adopted under Section 72-1-304;
2226 (ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
2227 projects described in Subsections 63B-18-401(2), (3), and (4);
2228 (iii) principal, interest, and issuance costs of bonds authorized by Section 63B-18-401
2229 minus the costs paid from the County of the First Class Highway Projects Fund in accordance
2230 with Subsection 72-2-121(4)(e);
2231 (iv) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010 Salt
2232 Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the amount certified
2233 by Salt Lake County in accordance with Subsection 72-2-121.3(4)(c) as necessary to pay the
2234 debt service on $30,000,000 of the revenue bonds issued by Salt Lake County;
2235 (v) principal, interest, and issuance costs of bonds authorized by Section 63B-16-101
2236 for projects prioritized in accordance with Section 72-2-125;
2237 (vi) all highway general obligation bonds that are intended to be paid from revenues in
2238 the Centennial Highway Fund created by Section 72-2-118;
2239 (vii) for fiscal year 2015-16 only, to transfer $25,000,000 to the County of the First
2240 Class Highway Projects Fund created in Section 72-2-121 to be used for the purposes described
2241 in Section 72-2-121;
2242 (viii) if a political subdivision provides a contribution equal to or greater than 40% of
2243 the costs needed for construction, reconstruction, or renovation of paved pedestrian or paved
2244 nonmotorized transportation for projects that:
2245 (A) mitigate traffic congestion on the state highway system;
2246 (B) are part of an active transportation plan approved by the department; and
2247 (C) are prioritized by the commission through the prioritization process for new
2248 transportation capacity projects adopted under Section 72-1-304;
2249 (ix) $705,000,000 for the costs of right-of-way acquisition, construction,
2250 reconstruction, or renovation of or improvement to the following projects:
2251 (A) the connector road between Main Street and 1600 North in the city of Vineyard;
2252 (B) Geneva Road from University Parkway to 1800 South;
2253 (C) the SR-97 interchange at 5600 South on I-15;
2254 (D) two lanes on U-111 from Herriman Parkway to 11800 South;
2255 (E) widening I-15 between mileposts 10 and 13 and the interchange at milepost 11;
2256 (F) improvements to 1600 North in Orem from 1200 West to State Street;
2257 (G) widening I-15 between mileposts 6 and 8;
2258 (H) widening 1600 South from Main Street in the city of Spanish Fork to SR-51;
2259 (I) widening US 6 from Sheep Creek to Mill Fork between mileposts 195 and 197 in
2260 Spanish Fork Canyon;
2261 (J) I-15 northbound between mileposts 43 and 56;
2262 (K) a passing lane on SR-132 between mileposts 41.1 and 43.7 between mileposts 43
2263 and 45.1;
2264 (L) east Zion SR-9 improvements;
2265 (M) Toquerville Parkway;
2266 (N) an environmental study on Foothill Boulevard in the city of Saratoga Springs;
2267 (O) for construction of an interchange on Bangerter Highway at 13400 South; and
2268 (P) an environmental impact study for Kimball Junction in Summit County; and
2269 (x) $28,000,000 as pass-through funds, to be distributed as necessary to pay project
2270 costs based upon a statement of cash flow that the local jurisdiction where the project is located
2271 provides to the department demonstrating the need for money for the project, for the following
2272 projects in the following amounts:
2273 (A) $5,000,000 for Payson Main Street repair and replacement;
2274 (B) $8,000,000 for a Bluffdale 14600 South railroad bypass;
2275 (C) $5,000,000 for improvements to 4700 South in Taylorsville; and
2276 (D) $10,000,000 for improvements to the west side frontage roads adjacent to U.S. 40
2277 between mile markers 7 and 10.
2278 (b) The executive director may use fund money to exchange for an equal or greater
2279 amount of federal transportation funds to be used as provided in Subsection (4)(a).
2280 (5) (a) Except as provided in Subsection (5)(b), if the department receives a notice of
2281 ineligibility for a municipality as described in Subsection 10-9a-408(7), the executive director
2282 may not program fund money to a project prioritized by the commission under Section
2283 72-1-304, including fund money from the Transit Transportation Investment Fund, within the
2284 boundaries of [
2285
2286
2287
2288
2289
2290 municipality during the fiscal year specified in the notice.
2291 [
2292
2293
2294
2295
2296
2297 (b) Within the boundaries of a municipality described in Subsection (5)(a), the
2298 executive director:
2299 (i) may program fund money in accordance with Subsection (4)(a) for a limited-access
2300 facility or interchange connecting limited-access facilities;
2301 (ii) may not program fund money for the construction, reconstruction, or renovation of
2302 an interchange on a limited-access facility;
2303 (iii) may program Transit Transportation Investment Fund money for a
2304 multi-community fixed guideway public transportation project; and
2305 (iv) may not program Transit Transportation Investment Fund money for the
2306 construction, reconstruction, or renovation of a station that is part of a fixed guideway public
2307 transportation project.
2308 (c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive
2309 director before [
2310 Section 72-1-304.
2311 (6) (a) Except as provided in Subsection (6)(b), if the department receives a notice of
2312 ineligibility for a county as described in Subsection 17-27a-408(7), the executive director may
2313 not program fund money to a project prioritized by the commission under Section 72-1-304,
2314 including fund money from the Transit Transportation Investment Fund, within the boundaries
2315 of the unincorporated area of [
2316
2317
2318
2319
2320
2321
2322 [
2323
2324
2325
2326
2327
2328 (b) Within the boundaries of the unincorporated area of a county described in
2329 Subsection (6)(a), the executive director:
2330 (i) may program fund money in accordance with Subsection (4)(a) for a limited-access
2331 facility to a project prioritized by the commission under Section 72-1-304;
2332 (ii) may not program fund money for the construction, reconstruction, or renovation of
2333 an interchange on a limited-access facility;
2334 (iii) may program Transit Transportation Investment Fund money for a
2335 multi-community fixed guideway public transportation project; and
2336 (iv) may not program Transit Transportation Investment Fund money for the
2337 construction, reconstruction, or renovation of a station that is part of a fixed guideway public
2338 transportation project.
2339 (c) Subsections [
2340 executive director before July 1, [
2341 Section 72-1-304.
2342 (7) (a) Before bonds authorized by Section 63B-18-401 or 63B-27-101 may be issued
2343 in any fiscal year, the department and the commission shall appear before the Executive
2344 Appropriations Committee of the Legislature and present the amount of bond proceeds that the
2345 department needs to provide funding for the projects identified in Subsections 63B-18-401(2),
2346 (3), and (4) or Subsection 63B-27-101(2) for the current or next fiscal year.
2347 (b) The Executive Appropriations Committee of the Legislature shall review and
2348 comment on the amount of bond proceeds needed to fund the projects.
2349 (8) The Division of Finance shall, from money deposited into the fund, transfer the
2350 amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
2351 Section 63B-18-401 or 63B-27-101 in the current fiscal year to the appropriate debt service or
2352 sinking fund.
2353 (9) (a) There is created in the Transportation Investment Fund of 2005 the Transit
2354 Transportation Investment Fund.
2355 (b) The fund shall be funded by:
2356 (i) contributions deposited into the fund in accordance with Section 59-12-103;
2357 (ii) appropriations into the account by the Legislature;
2358 (iii) deposits of sales and use tax increment related to a housing and transit
2359 reinvestment zone as described in Section 63N-3-610;
2360 (iv) private contributions; and
2361 (v) donations or grants from public or private entities.
2362 (c) (i) The fund shall earn interest.
2363 (ii) All interest earned on fund money shall be deposited into the fund.
2364 (d) Subject to Subsection (9)(e), the Legislature may appropriate money from the fund
2365 for public transit capital development of new capacity projects to be used as prioritized by the
2366 commission through the prioritization process adopted under Section 72-1-304.
2367 (e) (i) The Legislature may only appropriate money from the fund for a public transit
2368 capital development project or pedestrian or nonmotorized transportation project that provides
2369 connection to the public transit system if the public transit district or political subdivision
2370 provides funds of equal to or greater than 40% of the costs needed for the project.
2371 (ii) A public transit district or political subdivision may use money derived from a loan
2372 granted pursuant to Title 72, Chapter 2, Part 2, State Infrastructure Bank Fund, to provide all or
2373 part of the 40% requirement described in Subsection (9)(e)(i) if:
2374 (A) the loan is approved by the commission as required in Title 72, Chapter 2, Part 2,
2375 State Infrastructure Bank Fund; and
2376 (B) the proposed capital project has been prioritized by the commission pursuant to
2377 Section 72-1-303.
2378 (10) (a) There is created in the Transportation Investment Fund of 2005 the
2379 Cottonwood Canyons Transportation Investment Fund.
2380 (b) The fund shall be funded by:
2381 (i) money deposited into the fund in accordance with Section 59-12-103;
2382 (ii) appropriations into the account by the Legislature;
2383 (iii) private contributions; and
2384 (iv) donations or grants from public or private entities.
2385 (c) (i) The fund shall earn interest.
2386 (ii) All interest earned on fund money shall be deposited into the fund.
2387 (d) The Legislature may appropriate money from the fund for public transit or
2388 transportation projects in the Cottonwood Canyons of Salt Lake County.
2389 (11) If the department receives a notice of prioritization for a municipality as described
2390 in Subsection 10-9a-408(5), or a notice of prioritization for a county as described in Subsection
2391 17-27a-408(5), the executive director may, during the fiscal year specified in the notice, give
2392 priority consideration for programming fund money, including Transit Transportation
2393 Investment Fund money, to a project that is located within the boundaries of the municipality
2394 or the unincorporated areas of the county.
2395 Section 34. Appropriation.
2396 The following sums of money are appropriated for the fiscal year beginning July 1,
2397 2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
2398 fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
2399 Act, the Legislature appropriates the following sums of money from the funds or accounts
2400 indicated for the use and support of the government of the state of Utah.
2401 ITEM 1
2402 To Department of Workforce Services -- Housing and Community Development
2403 From General Fund, One-time
$500,000
2404 Schedule of Programs:
2405 Housing Development $500,000
2406 The Legislature intends that the Department of Workforce Services use funds
2407 appropriated under this item to develop a statewide database for moderate income housing
2408 units as described in Subsection 35A-8-803(1)(a)(viii).
2409 ITEM 2
2410 To Department of Workforce Services -- Housing and Community Development
2411 From General Fund, One-time
$750,000
2412 Schedule of Programs:
2413 Housing Development $750,000
2414 The Legislature intends that the Department of Workforce Services use $375,000 of the
2415 funds appropriated under this item in fiscal years 2023 and 2024 to provide assistance to
2416 landlords under the Department of Workforce Services' Section 8 Landlord Incentive Program.
2417 Under the terms of Section 63J-1-603 of the Utah Code, the Legislature intends that funds
2418 appropriated to the Department of Workforce Services under this item shall not lapse at the
2419 close of fiscal year 2023.
2420 ITEM 3
2421 To Department of Workforce Services -- Olene Walker Housing Loan Fund
2422 From General Fund, One-time
$50,000,000
2423 Schedule of Programs:
2424 Olene Walker Housing Loan Fund $50,000,000
2425 The Legislature intends that the Department of Workforce Services use funds
2426 appropriated under this item to provide gap financing for tax credit projects and to offset
2427 related administrative costs under Section 35A-8-504.
2428 ITEM 4
2429 To Department of Workforce Services -- Housing and Community Development
2430 From General Fund
$208,000
2431 Schedule of Programs:
2432 Housing Development $208,000
2433 The Legislature intends that the Department of Workforce Services use funds
2434 appropriated under this item to hire two full-time equivalent employees.
2435 ITEM 5
2436 To Department of Workforce Services -- Administration
2437 From General Fund
$132,000
2438 Schedule of Programs:
2439 Administrative Support $132,000
2440 The Legislature intends that the Department of Workforce Services use funds
2441 appropriated under this item to hire one full-time equivalent employee.
2442 ITEM 6
2443 To Department of Workforce Services -- Housing and Community Development
2444 From General Fund, One-time
$250,000
2445 Schedule of Programs:
2446 Housing Development $250,000
2447 The Legislature intends that the Department of Workforce Services distribute funds
2448 appropriated under this item to a nonprofit entity in the state that provides training and
2449 education on land use law. The Legislature intends that the Department of Workforce Services
2450 follow the provisions of Title 63G, Chapter 6a, Utah Procurement Code, in selecting the
2451 recipient entity.
2452 The Legislature intends that the recipient entity use funds distributed from the
2453 Department of Workforce Services under this item to provide regional land use training and
2454 workshops to local officials and policymakers on housing issues.
2455 ITEM 7
2456 To Department of Workforce Services -- Housing and Community Development
2457 From General Fund, One-time
$250,000
2458 Schedule of Programs:
2459 Housing Development $250,000
2460 The Legislature intends that the Department of Workforce Services distribute funds
2461 appropriated under this item to a nonprofit entity in the state that engages in efforts to increase
2462 housing affordability through local zoning and housing regulation reform. The Legislature
2463 intends that the Department of Workforce Services follow the provisions of Title 63G, Chapter
2464 6a, Utah Procurement Code, in selecting the recipient entity.
2465 ITEM 8
2466 To Department of Workforce Services -- Rural Housing Fund
2467 From General Fund, One-time
$50,000,000
2468 Schedule of Programs:
2469 Rural Housing Fund $50,000,000
2470 The Legislature intends that the Department of Workforce Services use funds
2471 appropriated under this item to provide loans and to offset administrative costs under Section
2472 35A-8-509.5.
2473 ITEM 9
2474 To Governor's Office of Economic Opportunity -- Pass-Through
2475 From General Fund, One-time
$3,000,000
2476 Schedule of Programs:
2477 Pass-Through $3,000,000
2478 The Legislature intends that the Governor's Office of Economic Opportunity distribute
2479 $1,000,000 of the funds appropriated under this item in fiscal years 2023, 2024, and 2025 to a
2480 statewide business association that provides matching funds. The Legislature intends that the
2481 Governor's Office of Economic Opportunity follow the provisions of Title 63G, Chapter 6a,
2482 Utah Procurement Code, in selecting the recipient entity.
2483 The Legislature intends that the recipient entity use funds distributed from the
2484 Governor's Office of Economic Opportunity under this item to develop and implement a
2485 statewide marketing and outreach campaign to educate the business community on the impacts
2486 of housing affordability and other housing issues on workforce needs and business
2487 development.
2488 Under the terms of Section 63J-1-603 of the Utah Code, the Legislature intends that
2489 funds appropriated to the Governor's Office of Economic Opportunity under this item shall not
2490 lapse at the close of fiscal year 2023.
2491 Section 35. Repealer.
2492 This bill repeals:
2493 Section 10-8-85.4, Ordinances regarding short-term rentals -- Prohibition on
2494 ordinances restricting speech on short-term rental websites.
2495 Section 17-50-338, Ordinances regarding short-term rentals -- Prohibition on
2496 ordinances restricting speech on short-term rental websites.