Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 29 (2015GS)

Sponsor

Sen. Vickers, E.

Final action

Governor Signed 3/23/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires a school district or charter school to:
• meet with a local governmental entity about a proposed acquisition;
• provide certain information regarding the acquisition to the local governmental entity; and
• submit a rough proposed site plan to a design review committee;
• requires a design review committee to provide comments on a rough proposed site plan;
• authorizes a local governmental entity, in certain circumstances, to request a traffic study; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

SCHOOL PLANNING AND ZONING PROCESS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: 
Rich Cunningham
LONG TITLE
General Description:
This bill amends the notification requirements for a public school to a local government
if the public school intends to acquire a school site or construct a school building.
Highlighted Provisions:
This bill:
▸ requires a school district or charter school to:
• meet with a local governmental entity about a proposed acquisition;
• provide certain information regarding the acquisition to the local governmental
entity; and
• submit a rough proposed site plan to a design review committee;
▸ requires a design review committee to provide comments on a rough proposed site
plan;
▸ authorizes a local governmental entity, in certain circumstances, to request a traffic
study; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-20-108
, as last amended by Laws of Utah 2005, Chapter 7
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-20-108
 is amended to read:
53A-20-108.
Notification to local government of intent to acquire school site or
construction of school building -- Negotiation of fees -- Confidentiality.
(1) (a) A school district or charter school shall notify the affected local governmental
entity without delay prior to the [
purchase
] 
acquisition
 of a school site or construction of a
school building of [
its intent to purchase
] 
the school district's or charter school's intent to
acquire
 or construct.
(b) 
(i)
 Representatives of the local governmental entity and the school district or
charter school shall meet as soon as possible after [
delivery of the notice
] 
the notification
 under
Subsection (1)(a) 
takes place in order
 to:
(A) subject to Subsection (1)(b)(ii), review information provided by the school district
or charter school about the proposed acquisition;
[
(i)
] 
(B)
 discuss concerns that each may have, including potential community impacts
and site safety;
[
(ii)
] 
(C)
 assess the availability of infrastructure for the site; and
[
(iii)
] 
(D)
 discuss any fees that might be charged by the local governmental entity in
connection with a building project.
(ii) The school district or charter school shall provide for review under Subsection
(1)(b)(i) the following information, if available, regarding the proposed acquisition:
(A) potential community impacts;
(B) approximate lot size;
(C) approximate building size and use;
(D) estimated student enrollment;
(E) proposals for ingress and egress, parking, and fire lane location; and
(F) building footprint and location.
(2) (a) After the purchase or an acquisition, but before construction begins:
[
(2) Representatives
] 
(i) representatives
 of the local governmental entity and the
school district or charter school shall meet as soon as possible [
after the purchase of a school
site to discuss concerns that each may have, including potential community impacts, and
] to
review a rough proposed site plan provided by the school district or charter school, review the
information listed in Subsection (1)(b)(ii), and
 negotiate any fees that might be charged by the
local governmental entity in connection with a building project[
.
]
;
(ii) (A) the school district or charter school shall submit the rough proposed site plan to
the local governmental entity's design review committee for comments; and
(B) subject to the priority requirement of Subsection 
10-9a-305
(7)(b), the local
governmental entity's design review committee shall provide comments on the rough proposed
site plan to the school district or charter school no later than 30 days after the day that the plan
is submitted to the design review committee in accordance with this Subsection (2)(a)(ii); and
(iii) the local governmental entity may require that the school district or charter school
provide a traffic study by an independent third party qualified to perform the study if the local
governmental entity determines that traffic flow, congestion, or other traffic concerns may
require the study if otherwise permitted under Subsection 
10-9a-305
(3)(b).
(b) A review conducted by or comment provided by a local governmental entity design
review committee under Subsection (2)(a) may not be interpreted as an action that completes a
land use application for the purpose of entitling the school district or charter school to a
substantive land use review of a land use application under Section 
10-9a-509
 or 
17-27a-508
.
(3) A local governmental entity may not increase a previously agreed-upon fee after the
district or charter school has signed contracts to begin construction.
(4) Prior to the filing of a formal application by the affected school district or charter
school, a local governmental entity may not disclose information obtained from a school
district or charter school regarding the district's or charter school's consideration of, or intent to,
[
purchase
] 
acquire
 a school site or construct a school building, without first obtaining the
consent of the district or charter school.