1     
HOUSING AND TRANSIT REINVESTMENT ZONE

2     
AMENDMENTS

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Wayne A. Harper

6     
House Sponsor: Casey Snider

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions related to housing and transit reinvestment zones.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends definitions;
14          ▸     amends provisions related to the objectives and required characteristics of a housing
15     and transit reinvestment zone;
16          ▸     restricts how much land a proponent county may own within a housing and transit
17     reinvestment zone;
18          ▸     requires a housing and transit reinvestment zone proposal to include certain maps of
19     the proposed area;
20          ▸     requires the Governor's Office of Economic Opportunity to provide notice to certain
21     relevant entities after receiving a housing and transit reinvestment zone proposal;
22          ▸     requires the State Tax Commission to provide feedback to a housing and transit
23     reinvestment zone regarding the State Tax Commission's ability to administer the
24     tax implications of the proposal;
25          ▸     amends the membership of the housing and transit reinvestment zone committee;
26          ▸     amends provisions regarding circumstances in which certain counties are allowed to
27     submit a proposal for a housing and transit reinvestment zone;
28          ▸     provides a property owner near a public transit hub in a county with a small public
29     transit district with certain vested development rights if the county failed to submit
30     an application for a housing and transit reinvestment zone before a certain deadline; and
31          ▸     makes technical changes.
32     Money Appropriated in this Bill:
33          None
34     Other Special Clauses:
35          None
36     Utah Code Sections Affected:
37     AMENDS:
38          63N-3-602, as last amended by Laws of Utah 2022, Chapters 68, 433
39          63N-3-603, as last amended by Laws of Utah 2022, Chapters 21, 406 and 433
40          63N-3-604, as last amended by Laws of Utah 2022, Chapter 433
41          63N-3-605, as last amended by Laws of Utah 2022, Chapter 433
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 63N-3-602 is amended to read:
45          63N-3-602. Definitions.
46          As used in this part:
47          (1) "Affordable housing" means housing occupied or reserved for occupancy by
48     households with a gross household income equal to or less than 80% of the median gross
49     income of the applicable municipal or county statistical area for households of the same size.
50          (2) "Agency" means the same as that term is defined in Section 17C-1-102.
51          (3) "Base taxable value" means a property's taxable value as shown upon the
52     assessment roll last equalized during the base year.
53          (4) "Base year" means, for a proposed housing and transit reinvestment zone area, a
54     year beginning the first day of the calendar quarter determined by the last equalized tax roll
55     before the adoption of the housing and transit reinvestment zone.
56          (5) "Bus rapid transit" means a high-quality bus-based transit system that delivers fast
57     and efficient service that may include dedicated lanes, busways, traffic signal priority,
58     off-board fare collection, elevated platforms, and enhanced stations.
59          (6) "Bus rapid transit station" means an existing station, stop, or terminal, or a
60     proposed station, stop, or terminal that is specifically identified in a metropolitan planning
61     organization's adopted long-range transportation plan and the relevant public transit district's
62     five-year plan:
63          (a) along an existing bus rapid transit line; or
64          (b) along an extension to an existing bus rapid transit line or new bus rapid transit line.
65          [(6)] (7) (a) "Commuter rail" means a heavy-rail passenger rail transit facility operated
66     by a large public transit district.
67          (b) "Commuter rail" does not include a light-rail passenger rail facility of a large public
68     transit district.
69          [(7) "Commuter rail station" means a station, stop, or terminal along an existing
70     commuter rail line, or along an extension to an existing commuter rail line or new commuter
71     rail line that is included in a metropolitan planning organization's adopted long-range
72     transportation plan.]
73          (8) "Commuter rail station" means an existing station, stop, or terminal, or a proposed
74     station, stop, or terminal, which has been specifically identified in a metropolitan planning
75     organization's adopted long-range transportation plan and the relevant public transit district's
76     five-year plan:
77          (a) along an existing commuter rail line;
78          (b) along an extension to an existing commuter rail line or new commuter rail line; or
79          (c) along a fixed guideway extension from an existing commuter rail line.
80          [(8)] (9) (a) "Developable area" means the portion of land within a housing and transit
81     reinvestment zone available for development and construction of business and residential uses.
82          (b) "Developable area" does not include portions of land within a housing and transit
83     reinvestment zone that are allocated to:
84          (i) parks;
85          (ii) recreation facilities;
86          (iii) open space;
87          (iv) trails;
88          (v) publicly-owned roadway facilities; or
89          (vi) other public facilities.
90          [(9)] (10) "Dwelling unit" means one or more rooms arranged for the use of one or
91     more individuals living together, as a single housekeeping unit normally having cooking,
92     living, sanitary, and sleeping facilities.
93          [(10)] (11) "Enhanced development" means the construction of mixed uses including
94     housing, commercial uses, and related facilities.
95          [(11)] (12) "Enhanced development costs" means extra costs associated with structured
96     parking costs, vertical construction costs, horizontal construction costs, life safety costs,
97     structural costs, conveyor or elevator costs, and other costs incurred due to the increased height
98     of buildings or enhanced development.
99          (13) "Fixed guideway" means the same as that term is defined in Section 59-12-102.
100          [(12)] (14) "Horizontal construction costs" means the additional costs associated with
101     earthwork, over excavation, utility work, transportation infrastructure, and landscaping to
102     achieve enhanced development in the housing and transit reinvestment zone.
103          [(13)] (15) "Housing and transit reinvestment zone" means a housing and transit
104     reinvestment zone created pursuant to this part.
105          [(14)] (16) "Housing and transit reinvestment zone committee" means a housing and
106     transit reinvestment zone committee created pursuant to Section 63N-3-605.
107          [(15)] (17) "Large public transit district" means the same as that term is defined in
108     Section 17B-2a-802.
109          [(16)] (18) "Light rail" means a passenger rail public transit system with right-of-way
110     and fixed rails:
111          (a) dedicated to exclusive use by light-rail public transit vehicles;
112          (b) that may cross streets at grade; and
113          (c) that may share parts of surface streets.
114          (19) "Light rail station" means an existing station, stop, or terminal or a proposed
115     station, stop, or terminal, which has been specifically identified in a metropolitan planning
116     organization's adopted long-range transportation plan and the relevant public transit district's
117     five-year plan:
118          (a) along an existing light rail line; or
119          (b) along an extension to an existing light rail line or new light rail line.
120          [(17)] (20) "Metropolitan planning organization" means the same as that term is
121     defined in Section 72-1-208.5.
122          [(18)] (21) "Mixed use development" means development with a mix of multi-family
123     residential use and at least one additional land use.
124          [(19)] (22) "Municipality" means the same as that term is defined in Section 10-1-104.
125          [(20)] (23) "Participant" means the same as that term is defined in Section 17C-1-102.
126          [(21)] (24) "Participation agreement" means the same as that term is defined in Section
127     17C-1-102, except that the agency may not provide and the person may not receive a direct
128     subsidy.
129          [(22)] (25) "Public transit county" means a county that has created a small public
130     transit district.
131          [(23)] (26) "Public transit hub" means a public transit depot or station where four or
132     more routes serving separate parts of the county-created transit district stop to transfer riders
133     between routes.
134          [(24)] (27) "Sales and use tax base year" means a sales and use tax year determined by
135     the first year pertaining to the tax imposed in Section 59-12-103 after the sales and use tax
136     boundary for a housing and transit reinvestment zone is established.
137          [(25)] (28) "Sales and use tax boundary" means a boundary created as described in
138     Section 63N-3-604, based on state sales and use tax collection that corresponds as closely as
139     reasonably practicable to the housing and transit reinvestment zone boundary.
140          [(26)] (29) "Sales and use tax increment" means the difference between:
141          (a) the amount of state sales and use tax revenue generated each year following the
142     sales and use tax base year by the sales and use tax from the area within a housing and transit
143     reinvestment zone designated in the housing and transit reinvestment zone proposal as the area
144     from which sales and use tax increment is to be collected; and
145          (b) the amount of state sales and use tax revenue that was generated from that same
146     area during the sales and use tax base year.
147          [(27)] (30) "Sales and use tax revenue" means revenue that is generated from the tax
148     imposed under Section 59-12-103.
149          [(28)] (31) "Small public transit district" means the same as that term is defined in
150     Section 17B-2a-802.
151          [(29)] (32) "Tax [commission] Commission" means the State Tax Commission created
152     in Section 59-1-201.
153          [(30)] (33) "Tax increment" means the difference between:
154          (a) the amount of property tax revenue generated each tax year by a taxing entity from
155     the area within a housing and transit reinvestment zone designated in the housing and transit
156     reinvestment zone proposal as the area from which tax increment is to be collected, using the
157     current assessed value and each taxing entity's current certified tax rate as defined in Section
158     59-2-924; and
159          (b) the amount of property tax revenue that would be generated from that same area
160     using the base taxable value and each taxing entity's current certified tax rate as defined in
161     Section 59-2-924.
162          [(31)] (34) "Taxing entity" means the same as that term is defined in Section
163     17C-1-102.
164          [(32)] (35) "Vertical construction costs" means the additional costs associated with
165     construction above four stories and structured parking to achieve enhanced development in the
166     housing and transit reinvestment zone.
167          Section 2. Section 63N-3-603 is amended to read:
168          63N-3-603. Applicability, requirements, and limitations on a housing and transit
169     reinvestment zone.
170          (1) A housing and transit reinvestment zone proposal created under this part shall
171     promote the following objectives:
172          (a) higher utilization of public transit;
173          (b) increasing availability of housing, including affordable housing, and fulfillment of
174     moderate income housing plans;
175          (c) improving efficiencies in parking and transportation, including walkability of
176     communities near public transit facilities;
177          (d) overcoming development impediments and market conditions that render a
178     development cost prohibitive absent the proposal and incentives;
179          [(c)] (e) conservation of water resources through efficient land use;
180          [(d)] (f) improving air quality by reducing fuel consumption and motor vehicle trips;
181          [(e)] (g) encouraging transformative mixed-use development and investment in
182     transportation and public transit infrastructure in strategic areas;
183          [(f)] (h) strategic land use and municipal planning in major transit investment corridors
184     as described in Subsection 10-9a-403(2);
185          [(g)] (i) increasing access to employment and educational opportunities; and
186          [(h)] (j) increasing access to child care.
187          (2) In order to accomplish the objectives described in Subsection (1), a municipality or
188     public transit county that initiates the process to create a housing and transit reinvestment zone
189     as described in this part shall ensure that the proposal for a housing and transit reinvestment
190     zone includes:
191          (a) except as provided in Subsection (3), at least 10% of the proposed dwelling units
192     within the housing and transit reinvestment zone are affordable housing units;
193          (b) at least 51% of the developable area within the housing and transit reinvestment
194     zone includes residential uses with, except as provided in Subsection (4)(c), an average of 50
195     dwelling units per acre or greater;
196          (c) mixed-use development; and
197          (d) a mix of dwelling units to ensure that a reasonable percentage of the dwelling units
198     has more than one bedroom.
199          (3) A municipality or public transit county that, at the time the housing and transit
200     reinvestment zone proposal is approved by the housing and transit reinvestment zone
201     committee, meets the affordable housing guidelines of the United States Department of
202     Housing and Urban Development at 60% area median income is exempt from the requirement
203     described in Subsection (2)(a).
204          (4) (a) A municipality may only propose a housing and transit reinvestment zone at a
205     commuter rail station, and a public transit county may only propose a housing and transit
206     reinvestment zone at a public transit hub, that:
207          (i) subject to Subsection (5)(a):
208          (A) (I) except as provided in Subsection (4)(a)(i)(A)(II), for a municipality, does not
209     exceed a 1/3 mile radius of a commuter rail station;
210          (II) for a municipality that is a city of the first class with a population greater than
211     150,000 that is within a county of the first class, with an opportunity zone created pursuant to
212     Section 1400Z-1, Internal Revenue Code, does not exceed a 1/2 mile radius of a commuter rail
213     station located within the opportunity zone; or
214          (III) for a public transit county, does not exceed a 1/3 mile radius of a public transit
215     hub; and
216          (B) has a total area of no more than 125 noncontiguous acres;
217          (ii) subject to Section 63N-3-607, proposes the capture of a maximum of 80% of each
218     taxing entity's tax increment above the base year for a term of no more than 25 consecutive
219     years on each parcel within a 45-year period not to exceed the tax increment amount approved
220     in the housing and transit reinvestment zone proposal; and
221          (iii) the commencement of collection of tax increment, for all or a portion of the
222     housing and transit reinvestment zone, will be triggered by providing notice as described in
223     Subsection (6).
224          (b) A municipality or public transit county may only propose a housing and transit
225     reinvestment zone at a light rail station or bus rapid transit station that:
226          (i) subject to Subsection (5):
227          (A) does not exceed:
228          (I) except as provided in Subsection (4)(b)(i)(A)(II) or (III), a 1/4 mile radius of a bus
229     rapid transit station or light rail station;
230          (II) for a municipality that is a city of the first class with a population greater than
231     150,000 that is within a county of the first class, a 1/2 mile radius of a light rail station located
232     in an opportunity zone created pursuant to Section 1400Z-1, Internal Revenue Code; or
233          (III) a 1/2 mile radius of a light rail station located within a master-planned
234     development of 500 acres or more; and
235          (B) has a total area of no more than 100 noncontiguous acres;
236          (ii) subject to Subsection (4)(c) and Section 63N-3-607, proposes the capture of a
237     maximum of 80% of each taxing entity's tax increment above the base year for a term of no
238     more than 15 consecutive years on each parcel within a 30-year period not to exceed the tax
239     increment amount approved in the housing and transit reinvestment zone proposal; and
240          (iii) the commencement of collection of tax increment, for all or a portion of the
241     housing and transit reinvestment zone, will be triggered by providing notice as described in
242     Subsection (6).
243          (c) For a housing and transit reinvestment zone proposed by a public transit county at a
244     public transit hub, or for a housing and transit reinvestment zone proposed by a municipality at
245     a bus rapid transit station, if the proposed housing density within the housing and transit
246     reinvestment zone is between 39 and 49 dwelling units per acre, the maximum capture of each
247     taxing entity's tax increment above the base year is 60%.
248          (d) A municipality that is a city of the first class with a population greater than 150,000
249     in a county of the first class as described in Subsections (4)(a)(i)(A)(II) and (4)(b)(i)(A)(II) may
250     only propose one housing and transit reinvestment zone within an opportunity zone.
251          (e) A county of the first class may not propose a housing and transit reinvestment zone
252     that includes an area that is part of a project area, as that term is defined in Section 17C-1-102,
253     and created under Title 17C, Chapter 1, Agency Operations, until the project area is dissolved
254     pursuant to Section 17C-1-702.
255          (5) (a) For a housing and transit reinvestment zone for a commuter rail station, if a
256     parcel is bisected by the relevant radius limitation, the full parcel may be included as part of the
257     housing and transit reinvestment zone area and will not count against the limitations described
258     in Subsection (4)(a)(i).
259          (b) For a housing and transit reinvestment zone for a light rail or bus rapid transit
260     station, if a parcel is bisected by the relevant radius limitation, the full parcel may be included
261     as part of the housing and transit reinvestment zone area and will not count against the
262     limitations described in Subsection (4)(b)(i).
263          (6) The notice of commencement of collection of tax increment required in Subsection
264     (4)(a)(iii) or (4)(b)(iii) shall be sent by mail or electronically to:
265          (a) the tax commission;
266          (b) the State Board of Education;
267          (c) the state auditor;
268          (d) the auditor of the county in which the housing and transit reinvestment zone is
269     located;
270          (e) each taxing entity affected by the collection of tax increment from the housing and
271     transit reinvestment zone; and
272          (f) the Governor's Office of Economic Opportunity.
273          (7) (a) The maximum number of housing and transit reinvestment zones at light rail
274     stations is eight in any given county.
275          (b) [The] Within a county of the first class, the maximum number of housing and
276     transit reinvestment zones at bus rapid transit stations is three [in] [any given county].
277          (8) (a) This Subsection (8) applies to a specified county, as defined in Section
278     17-27a-408, that has created a small public transit district on or before January 1, 2022.
279          (b) (i) A county described in Subsection (8)(a) shall, in accordance with Section
280     63N-3-604, prepare and submit to the Governor's Office of Economic Opportunity a proposal
281     to create a housing and transit reinvestment zone on or before December 31, 2022.
282          (ii) A county described in Subsection (8)(a) that, on December 31, 2022, was
283     noncompliant under Section 17-27a-408 for failure to demonstrate in the county's moderate
284     income housing report that the county complied with Subsection (8)(b)(i), may cure the
285     deficiency in the county's moderate income housing report by submitting satisfactory proof to
286     the Housing and Community Development Division that, notwithstanding the deadline in
287     Subsection (8)(b)(i), the county has submitted to the Governor's Office of Economic
288     Opportunity a proposal to create a housing and transit reinvestment zone.
289          (c) (i) A county described in Subsection (8)(a) may not propose a housing and transit
290     reinvestment zone if more than 15% of the acreage within the housing and transit reinvestment
291     zone boundary is owned by the county.
292          (ii) For purposes of determining the percentage of acreage owned by the county as
293     described in Subsection (8)(c)(i), a county may exclude any acreage owned that is used for
294     highways, bus rapid transit, light rail, or commuter rail within the boundary of the housing and
295     transit reinvestment zone.
296          (d) To accomplish the objectives described in Subsection (1), if a county described in
297     Subsection (8)(a) has failed to comply with Subsection (8)(b)(i) by failing to submit an
298     application before December 31, 2022, an owner of undeveloped property who has submitted a
299     land use application to the county on or before December 31, 2022, and is within a 1/3 mile
300     radius of a public transit hub in a county described in Subsection (8)(a), including parcels that
301     are bisected by the 1/3 mile radius, shall have the right to develop and build a mixed-use
302     development including the following:
303          (i) excluding the parcels devoted to commercial uses as described in Subsection
304     (8)(d)(ii), at least 39 dwelling units per acre on average over the developable area, with at least
305     10% of the dwelling units as affordable housing units;
306          (ii) commercial uses including office, retail, educational, and healthcare in support of
307     the mixed-use development constituting up to 1/3 of the total planned gross building square
308     footage of the subject parcels; and
309          (iii) any other infrastructure element necessary or reasonable to support the mixed-use
310     development, including parking infrastructure, streets, sidewalks, parks, and trails.
311          Section 3. Section 63N-3-604 is amended to read:
312          63N-3-604. Process for a proposal of a housing and transit reinvestment zone --
313     Analysis.
314          (1) Subject to approval of the housing and transit reinvestment zone committee as
315     described in Section 63N-3-605, in order to create a housing and transit reinvestment zone, a
316     municipality or public transit county that has general land use authority over the housing and
317     transit reinvestment zone area, shall:
318          (a) prepare a proposal for the housing and transit reinvestment zone that:
319          (i) demonstrates that the proposed housing and transit reinvestment zone will meet the
320     objectives described in Subsection 63N-3-603(1);
321          (ii) explains how the municipality or public transit county will achieve the
322     requirements of Subsection 63N-3-603(2)(a);
323          (iii) defines the specific transportation infrastructure needs, if any, and proposed
324     improvements;
325          (iv) defines the boundaries of:
326          (A) the housing and transit reinvestment zone; and
327          (B) the sales and use tax boundary corresponding to the housing and transit
328     reinvestment zone boundary, as described in Section 63N-3-610;
329          (v) includes maps of the proposed housing and transit reinvestment zone to illustrate:
330          (A) the proposed boundary and radius from a public transit hub;
331          (B) proposed housing density within the housing and transit reinvestment zone; and
332          (C) existing zoning and proposed zoning changes related to the housing and transit
333     reinvestment zone;
334          [(v)] (vi) identifies any development impediments that prevent the development from
335     being a market-rate investment and proposed strategies for addressing each one;
336          [(vi)] (vii) describes the proposed development plan, including the requirements
337     described in Subsections 63N-3-603(2) and (4);
338          [(vii)] (viii) establishes a base year and collection period to calculate the tax increment
339     within the housing and transit reinvestment zone;
340          [(viii)] (ix) establishes a sales and use tax base year to calculate the sales and use tax
341     increment within the housing and transit reinvestment zone;
342          [(ix)] (x) describes projected maximum revenues generated and the amount of tax
343     increment capture from each taxing entity and proposed expenditures of revenue derived from
344     the housing and transit reinvestment zone;
345          [(x)] (xi) includes an analysis of other applicable or eligible incentives, grants, or
346     sources of revenue that can be used to reduce the finance gap;
347          [(xi)] (xii) evaluates possible benefits to active and public transportation availability
348     and impacts on air quality;
349          [(xii)] (xiii) proposes a finance schedule to align expected revenue with required
350     financing costs and payments; [and]
351          [(xiii)] (xiv) provides a pro-forma for the planned development including the cost
352     differential between surface parked multi-family development and enhanced development that
353     satisfies the requirements described in Subsections 63N-3-603(2), (3), and (4); and
354          (xv) for a housing and transit reinvestment zone at a commuter rail station, light rail
355     station, or bus rapid transit station that is proposed and not in public transit service operation as
356     of the date of submission of the proposal, demonstrates that the proposed station is:
357          (A) included in a metropolitan planning organization's adopted long-range
358     transportation plan and the relevant public transit district's five-year plan; and
359          (B) reasonably anticipated to be constructed in the near future; and
360          (b) submit the housing and transit reinvestment zone proposal to the Governor's Office
361     of Economic Opportunity.
362          (2) As part of the proposal described in Subsection (1), a municipality or public transit
363     county shall study and evaluate possible impacts of a proposed housing and transit
364     reinvestment zone on parking within the city and housing and transit reinvestment zone.
365          (3) (a) After receiving the proposal as described in Subsection (1)(b), the Governor's
366     Office of Economic Opportunity shall[,]:
367          (i) within 14 days after the date on which the Governor's Office of Economic
368     Opportunity receives the proposal described in Subsection (1)(b), provide notice of the
369     proposal to all affected taxing entities, including the Tax Commission, cities, counties, school
370     districts, and metropolitan planning organizations; and
371          (ii) at the expense of the proposing municipality or public transit county as described
372     in Subsection (5), contract with an independent entity to perform the gap analysis described in
373     Subsection (3)(b).
374          (b) The gap analysis required in Subsection (3)(a)(ii) shall include:
375          (i) a description of the planned development;
376          (ii) a market analysis relative to other comparable project developments included in or
377     adjacent to the municipality or public transit county absent the proposed housing and transit
378     reinvestment zone;
379          (iii) an evaluation of the proposal to and a determination of the adequacy and efficiency
380     of the proposal;
381          (iv) an evaluation of the proposed increment capture needed to cover the enhanced
382     development costs associated with the housing and transit reinvestment zone proposal and
383     enable the proposed development to occur; and
384          (v) based on the market analysis and other findings, an opinion relative to the
385     [minimum] appropriate amount of potential public financing reasonably determined to be
386     necessary to achieve the objectives described in Subsection 63N-3-603(1).
387          (c) After receiving notice from the Governor's Office of Economic Opportunity of a
388     proposed housing and transit reinvestment zone as described in Subsection (3)(a)(i), the Tax
389     Commission shall:
390          (i) evaluate the feasibility of administering the tax implications of the proposal; and
391          (ii) provide a letter to the Governor's Office of Economic Opportunity describing any
392     challenges in the administration of the proposal, or indicating that the Tax Commission can
393     feasibly administer the proposal.
394          (4) After receiving the results from the analysis described in Subsection (3)(b), the
395     municipality or public transit county proposing the housing and transit reinvestment zone may:
396          (a) amend the housing and transit reinvestment zone proposal based on the findings of
397     the analysis described in Subsection (3)(b) and request that the Governor's Office of Economic
398     Opportunity submit the amended housing and transit reinvestment zone proposal to the housing
399     and transit reinvestment zone committee; or
400          (b) request that the Governor's Office of Economic Opportunity submit the original
401     housing and transit reinvestment zone proposal to the housing and transit reinvestment zone
402     committee.
403          (5) (a) The Governor's Office of Economic Opportunity may accept, as a dedicated
404     credit, up to $20,000 from a municipality or public transit county for the costs of the gap
405     analysis described in Subsection (3)(b).
406          (b) The Governor's Office of Economic Opportunity may expend funds received from a
407     municipality or public transit county as dedicated credits to pay for the costs associated with
408     the gap analysis described in Subsection (3)(b).
409          Section 4. Section 63N-3-605 is amended to read:
410          63N-3-605. Housing and Transit Reinvestment Zone Committee -- Creation.
411          (1) For any housing and transit reinvestment zone proposed under this part, there is
412     created a housing and transit reinvestment zone committee with membership described in
413     Subsection (2).
414          (2) Each housing and transit reinvestment zone committee shall consist of the
415     following members:
416          (a) one representative from the Governor's Office of Economic Opportunity, designated
417     by the executive director of the Governor's Office of Economic Opportunity;
418          (b) one representative from each municipality that is a party to the proposed housing
419     and transit reinvestment zone, designated by the chief executive officer of each respective
420     municipality;
421          (c) a member of the Transportation Commission created in Section 72-1-301;
422          (d) a member of the board of trustees of a large public transit district;
423          [(c) one representative from the Department of Transportation created in Section
424     72-1-201, designated by the executive director of the Department of Transportation;]
425          [(d) one representative from a large public transit district that serves the proposed
426     housing and transit reinvestment zone area, designated by the chair of the board of trustees of a
427     large public transit district;]
428          (e) one individual from the Office of the State Treasurer, designated by the state
429     treasurer;
430          (f) one member designated by the president of the Senate;
431          (g) one member designated by the speaker of the House of Representatives;
432          [(h) one individual from the tax commission, designated by the executive director of
433     the tax commission;]
434          [(i)] (h) one member designated by the chief executive officer of each county affected
435     by the housing and transit reinvestment zone;
436          [(j)] (i) one representative designated by the school superintendent from the school
437     district affected by the housing and transit reinvestment zone; and
438          [(k)] (j) one representative, representing the largest participating local taxing entity,
439     after the municipality, county, and school district.
440          (3) The individual designated by the Governor's Office of Economic Opportunity as
441     described in Subsection (2)(a) shall serve as chair of the housing and transit reinvestment zone
442     committee.
443          (4) (a) A majority of the members of the housing and transit reinvestment zone
444     committee constitutes a quorum of the housing and transit reinvestment zone committee.
445          (b) An action by a majority of a quorum of the housing and transit reinvestment zone
446     committee is an action of the housing and transit reinvestment zone committee.
447          (5) After the Governor's Office of Economic Opportunity receives the results of the
448     analysis described in Section 63N-3-604, and after the Governor's Office of Economic
449     Opportunity has received a request from the submitting municipality or public transit county to
450     submit the housing and transit reinvestment zone proposal to the housing and transit
451     reinvestment zone committee, the Governor's Office of Economic Opportunity shall notify each
452     of the entities described in Subsection (2) of the formation of the housing and transit
453     reinvestment zone committee.
454          (6) (a) The chair of the housing and transit reinvestment zone committee shall convene
455     a public meeting to consider the proposed housing and transit reinvestment zone.
456          (b) A meeting of the housing and transit reinvestment zone committee is subject to
457     Title 52, Chapter 4, Open and Public Meetings Act.
458          (7) (a) The proposing municipality or public transit county shall present the housing
459     and transit reinvestment zone proposal to the housing and transit reinvestment zone committee
460     in a public meeting.
461          (b) The housing and transit reinvestment zone committee shall:
462          (i) evaluate and verify whether the elements of a housing and transit reinvestment zone
463     described in Subsections 63N-3-603(2) and (4) have been met; and
464          (ii) evaluate the proposed housing and transit reinvestment zone relative to the analysis
465     described in Subsection 63N-3-604(2).
466          (8) (a) Subject to Subsection (8)(b), the housing and transit reinvestment zone
467     committee may:
468          (i) request changes to the housing and transit reinvestment zone proposal based on the
469     analysis, characteristics, and criteria described in Section 63N-3-604; or
470          (ii) vote to approve or deny the proposal.
471          (b) Before the housing and transit reinvestment zone committee may approve the
472     housing and transit reinvestment zone proposal, the municipality or public transit county
473     proposing the housing and transit reinvestment zone shall ensure that the area of the proposed
474     housing and transit reinvestment zone is zoned in such a manner to accommodate the
475     requirements of a housing and transit reinvestment zone described in this section and the
476     proposed development.
477          (9) If a housing and transit reinvestment zone is approved by the committee:
478          (a) the proposed housing and transit reinvestment zone is established according to the
479     terms of the housing and transit reinvestment zone proposal;
480          (b) affected local taxing entities are required to participate according to the terms of the
481     housing and transit reinvestment zone proposal; and
482          (c) each affected taxing municipality is required to participate at the same rate as a
483     participating county.
484          (10) A housing and transit reinvestment zone proposal may be amended by following
485     the same procedure as approving a housing and transit reinvestment zone proposal.