Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 86 (2016GS)

Sponsor

Sen. Jackson, A.

Final action

Governor Signed 3/28/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires a school district or charter school, before acquiring a school site or constructing a school, to notify:
• the Department of Transportation; and
• certain utility providers;
• requires a school district or charter school to submit a child access routing plan to the Department of Transportation; and
• makes technical corrections.

Every vote on this bill

Bill text

SCHOOL BUILDING COORDINATION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Alvin B. Jackson
House Sponsor: 
Johnny Anderson
LONG TITLE
General Description:
This bill requires a school district or charter school to notify certain entities before
acquiring a school site or constructing a school.
Highlighted Provisions:
This bill:
▸ requires a school district or charter school, before acquiring a school site or
constructing a school, to notify:
• the Department of Transportation; and
• certain utility providers;
▸ requires a school district or charter school to submit a child access routing plan to
the Department of Transportation; and
▸ makes technical corrections.
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 2015, Chapter 92
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 affected entities of intent to acquire school site or
construction of school building -- Local government -- Negotiation of fees --
Confidentiality.
(1) (a) A school district or charter school shall notify [
the affected local governmental
entity
] 
the following
 without delay prior to the acquisition of a school site or construction of a
school building of the school district's or charter school's intent to acquire or construct[
.
]
:
(i) an affected local governmental entity;
(ii) the Department of Transportation; and
(iii) as defined in Section 
54-2-1
, an electrical corporation, gas corporation, or
telephone corporation that provides service or maintains infrastructure within the immediate
area of the proposed site.
(b) (i) Representatives of the local governmental entity [
and
]
, Department of
Transportation, and
 the school district or charter school shall meet as soon as possible after 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;
(B) discuss concerns that each may have, including potential community impacts and
site safety;
(C) assess the availability of infrastructure for the site; and
(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:
(i) representatives of the local governmental entity and the school district or charter
school shall meet as soon as possible 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,
acquire a school site or construct a school building, without first obtaining the consent of the
district or charter school.
(5) Prior to beginning construction on a school site, a school district or charter school
shall submit to the Department of Transportation a child access routing plan as described in
Section 
53A-3-402
.