Representative Casey Snider proposes the following substitute bill:


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;
31     and
32          ▸     makes technical changes.
33     Money Appropriated in this Bill:
34          None
35     Other Special Clauses:
36          None
37     Utah Code Sections Affected:
38     AMENDS:
39          63N-3-602, as last amended by Laws of Utah 2022, Chapters 68, 433
40          63N-3-603, as last amended by Laws of Utah 2022, Chapters 21, 406 and 433
41          63N-3-604, as last amended by Laws of Utah 2022, Chapter 433
42          63N-3-605, as last amended by Laws of Utah 2022, Chapter 433
43     

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