Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 41 First Substitute (2015GS)

Sponsor

Rep. Snow, V. L.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines "tax increment incentive";
• provides that community development project area plans are not subject to certain notice and public hearing requirements, if certain requirements are met, including that:
• the community development and renewal agency and each taxing entity and public entity that will be affected by the tax increment incentive enter into an interlocal agreement; and
• an industry or business entity receives a tax increment incentive only on a postperformance basis.

Every vote on this bill

Bill text

LOCAL ECONOMIC DEVELOPMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor: 
Ralph Okerlund
LONG TITLE
General Description:
This bill modifies provisions related to community development and renewal agencies.
Highlighted Provisions:
This bill:
▸ defines "tax increment incentive";
▸ provides that community development project area plans are not subject to certain
notice and public hearing requirements, if certain requirements are met, including
that:
• the community development and renewal agency and each taxing entity and
public entity that will be affected by the tax increment incentive enter into an
interlocal agreement; and
• an industry or business entity receives a tax increment incentive only on a
postperformance basis.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17C-4-108
, as enacted by Laws of Utah 2006, Chapter 359
ENACTS:
17C-4-109
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17C-4-108
 is amended to read:
17C-4-108.
Amending a community development project area plan.
(1) Except as provided in Subsection (2) 
and Section 
17C-4-109
, the requirements
under this part that apply to adopting a community development project area plan apply equally
to a proposed amendment of a community development project area plan as though the
amendment were a proposed project area plan.
(2) (a) Notwithstanding Subsection (1), an adopted project area plan may be amended
without complying with the notice and public hearing requirements of this part if the proposed
amendment:
(i) makes a minor adjustment in the legal description of a project area boundary
requested by a county assessor or county auditor to avoid inconsistent property boundary lines;
or
(ii) subject to Subsection (2)(b), removes a parcel of real property from a project area
because the agency determines that inclusion of the parcel is no longer necessary or desirable to
the project area.
(b) An amendment removing a parcel of real property from a community development
project area under Subsection (2)(a)(ii) may not be made without the consent of the record
property owner of the parcel being removed.
(3) (a) An amendment approved by board resolution under this section may not take
effect until adopted by ordinance of the legislative body of the community in which the project
area that is the subject of the project area plan being amended is located.
(b) Upon a community legislative body passing an ordinance adopting an amendment
to a community development project area plan, the agency whose project area plan was
amended shall comply with the requirements of Sections 
17C-4-106
 and 
17C-4-107
 to the
same extent as if the amendment were a project area plan.
Section 2. Section 
17C-4-109
 is enacted to read:
 17C-4-109.
Expedited community development project area plan.
(1) As used in this section, "tax increment incentive" means the portion of tax
increment awarded to an industry or business.
(2) A community development project area plan may be adopted or amended without
complying with the notice and public hearing requirements of this part and Section 
17C-4-402
,
if the following requirements are met:
(a) the agency determines by resolution adopted in an open and public meeting the
need to create or amend a project area plan on an expedited basis, which resolution shall
include a description of why expedited action is needed;
(b) a public hearing on the amendment or adoption of the project area plan is held by
the agency;
(c) notice of the public hearing is published at least 14 days before the public hearing
on:
(i) the website of the community that created the agency; and
(ii) the Utah Public Notice Website created in Section 
63F-1-701
;
(d) written consent to the amendment or adoption of the project area plan is given by
all record property owners within the existing or proposed project area;
(e) each taxing entity and public entity that will be affected by the tax increment
incentive enter into or amend an interlocal agreement in accordance with Title 11, Chapter 13,
Interlocal Cooperation Act, and Sections 
17C-4-201
, 
17C-4-203
, and 
17C-4-204
;
(f) the primary market for the goods or services that will be created by the industry or
business entity that will receive a tax increment incentive from the amendment or adoption of
the project area plan is outside of the state;
(g) the industry or business entity that will receive a tax increment incentive from the
amendment or adoption of the project area plan is not primarily engaged in retail trade; and
(h) a tax increment incentive is only provided to an industry or business entity:
(i) on a postperformance basis as described in Subsection (3); and
(ii) on an annual basis after the tax increment is received by the agency.
(3) An industry or business entity may only receive a tax increment incentive under this
section after entering into an agreement with the agency that sets postperformance targets that
shall be met before the industry or business entity may receive the tax increment incentive,
including annual targets for:
(a) capital investment in the project area;
(b) the increase in the taxable value of the project area;
(c) the number of new jobs created in the project area;
(d) the average wages of the jobs created, which shall be at least 110% of the
prevailing wage of the county where the project area is located; and
(e) the amount of local vendor opportunity generated by the industry or business entity.