Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 17 Second Substitute (2018GS)

Sponsor

Rep. Sagers, D.

Final action

Governor Signed 3/21/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies agency powers;
• allows a community to enter into an interlocal agreement with an agency to exercise agency power within the community, regardless of whether the community has created an agency;
• authorizes a public entity to dispose of or lease the public entity's property to an agency for less than fair market value; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

COMMUNITY REINVESTMENT AGENCIES REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Douglas V. Sagers
Senate Sponsor: 
Daniel W. Thatcher
LONG TITLE
General Description:
This bill amends provisions in Title 17C, Limited Purpose Local Government Entities -
Community Reinvestment Agency Act.
Highlighted Provisions:
This bill:
▸ modifies agency powers;
▸ allows a community to enter into an interlocal agreement with an agency to exercise
agency power within the community, regardless of whether the community has
created an agency;
▸ authorizes a public entity to dispose of or lease the public entity's property to an
agency for less than fair market value; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
17C-1-202
, as last amended by Laws of Utah 2016, Chapter 350
17C-1-204
, as last amended by Laws of Utah 2016, Chapter 350
17C-1-207
, as last amended by Laws of Utah 2016, Chapter 350
Utah Code Sections Affected by Coordination Clause:
17C-1-207
, as last amended by Laws of Utah 2016, Chapter 350
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17C-1-202
 is amended to read:
17C-1-202.
Agency powers.
(1) An agency may:
(a) sue and be sued;
(b) enter into contracts generally;
(c) buy, obtain an option upon, or otherwise acquire any interest in real or personal
property;
(d) 
hold,
 sell, convey, grant, gift, or otherwise dispose of any interest in real or personal
property;
(e) own, hold, maintain, utilize, manage, or operate real or personal property, which
may include the use of agency funds or the collection of revenue;
[
(e)
] 
(f)
 enter into a lease agreement on real or personal property, either as lessee or
lessor;
[
(f)
] 
(g)
 provide for project area development as provided in this title;
[
(g)
] 
(h)
 receive and use agency funds as provided in this title;
[
(h)
] 
(i)
 if disposing of or leasing land, retain controls or establish restrictions and
covenants running with the land consistent with the project area plan;
[
(i)
] 
(j)
 accept financial or other assistance from any public or private source for the
agency's activities, powers, and duties, and expend any funds the agency receives for any
purpose described in this title;
[
(j)
] 
(k)
 borrow money or accept financial or other assistance from a public entity or
any other source for any of the purposes of this title and comply with any conditions of any
loan or assistance;
[
(k)
] 
(l)
 issue bonds to finance the undertaking of any project area development or for
any of the agency's other purposes, including:
(i) reimbursing an advance made by the agency or by a public entity to the agency;
(ii) refunding bonds to pay or retire bonds previously issued by the agency; and
(iii) refunding bonds to pay or retire bonds previously issued by the community that
created the agency for expenses associated with project area development;
[
(l)
] 
(m)
 pay an impact fee, exaction, or other fee imposed by a community in
connection with land development; or
[
(m)
] 
(n)
 transact other business and exercise all other powers described in this title.
(2) The establishment of controls or restrictions and covenants under Subsection
(1)[
(h)
]
(i)
 is a public purpose.
(3) An agency is not subject to Section 
10-8-2
 or 
17-50-312
.
Section 2. Section 
17C-1-204
 is amended to read:
17C-1-204.
Project area development by an adjoining agency -- Requirements.
(1) (a) A community [
that has not
]
, regardless of whether the community has
 created
an agency
,
 may enter into an interlocal agreement with an agency located in the same or an
abutting county that authorizes the agency to exercise all the powers granted to an agency under
this title within 
all or a portion of
 the community. 
(b) The agency and the community shall adopt an interlocal agreement described in
Subsection (1)(a) by resolution.
(2) If an agency and a community enter into an interlocal agreement under Subsection
(1):
(a) the agency may act in all respects as if a project area within the community were
within the agency's boundaries;
(b) the board has all the rights, powers, and privileges with respect to a project area
within the community as if the project area were within the agency's boundaries;
(c) the agency may be paid project area funds to the same extent as if a project area
within the community were within the agency's boundaries; and
(d) the community legislative body shall adopt, by ordinance, each project area plan
within the community approved by the agency. 
(3) If an agency's project area abuts another agency's project area, the agencies may
coordinate with each other in order to assist and cooperate in the planning, undertaking,
construction, or operation of project area development located within each agency's project
area.
(4) (a) As used in this Subsection (4):
(i) "County agency" means an agency that is created by a county.
(ii) "Industrial property" means private real property:
(A) over half of which is located within the boundary of a town, as defined in Section
10-1-104
; and
(B) comprises some or all of an inactive industrial site.
(iii) "Perimeter portion" means the portion of an inactive industrial site that is:
(A) part of the inactive industrial site because the site lies within the perimeter
described in Section 
17C-1-102
; and
(B) located within the boundary of a city, as defined in Section 
10-1-104
.
(b) (i) Subject to Subsection (4)(b)(ii), a county agency may undertake project area
development on industrial property if the record property owner of the industrial property
submits a written request to the county agency to do so.
(ii) A county agency may not include a perimeter portion within a project area without
the approval of the city in which the perimeter portion is located.
(c) If a county agency undertakes project area development on industrial property:
(i) the county agency may act in all respects as if the project area that includes the
industrial property were within the county agency's boundary;
(ii) the board of the county agency has each right, power, and privilege with respect to
the project area as if the project area were within the county agency's boundary; and
(iii) the county agency may be paid project area funds to the same extent as if the
project area were within the county agency's boundary.
(d) A project area plan for a project on industrial property that is approved by the
county agency shall be adopted by ordinance of the legislative body of the county in which the
project area is located.
Section 3. Section 
17C-1-207
 is amended to read:
17C-1-207.
Public entities may assist with project area development.
(1) In order to assist and cooperate in the planning, undertaking, construction, or
operation of project area development within an area in which the public entity is authorized to
act, a public entity may:
(a) (i) provide or cause to be furnished:
(A) parks, playgrounds, or other recreational facilities;
(B) community, educational, water, sewer, or drainage facilities; or
(C) any other works which the public entity is otherwise empowered to undertake;
(ii) provide, furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or
replan streets, roads, roadways, alleys, sidewalks, or other places;
(iii) in any part of the project area:
(A) (I) plan or replan any property within the project area;
(II) plat or replat any property within the project area;
(III) vacate a plat;
(IV) amend a plat; or
(V) zone or rezone any property within the project area; and
(B) make any legal exceptions from building regulations and ordinances;
(iv) purchase or legally invest in any of the bonds of an agency and exercise all of the
rights of any holder of the bonds;
(v) 
notwithstanding any law to the contrary,
 enter into an agreement 
for any period of
time
 with another public entity concerning action to be taken pursuant to any of the powers
granted in this title;
(vi) do anything necessary to aid or cooperate in the planning or implementation of the
project area development;
(vii) in connection with the project area plan, become obligated to the extent
authorized and funds have been made available to make required improvements or construct
required structures; and
(viii) lend, grant, or contribute funds to an agency for project area development or
proposed project area development, including assigning revenue or taxes in support of an
agency bond or obligation; and
(b) [
days after posting public notice
] 
for less than fair market value or for no
consideration, and subject to Subsection (2)
:
(i) purchase or otherwise acquire property [
or
] 
from an agency;
(ii)
 lease property from [
the
] 
an
 agency; [
or
]
[
(ii)
] 
(iii)
 sell, grant, convey, 
donate,
 or otherwise dispose of the public entity's
property 
to an agency;
 or
(iv)
 lease the public entity's property to [
the
] 
an
 agency.
[
(2) Notwithstanding any law to the contrary, an agreement under Subsection (1)(a)(v)
may extend over any period.
]
[
(3) A grant or contribution of funds from a public entity to an agency, or from an
agency under a project area plan or project area budget, is not subject to the requirements of
Section 
10-8-2
.
]
(2) A public entity may provide project area development assistance described in
Subsection (1)(b) no sooner than 15 days after the day on which the public entity posts notice
of the assistance:
(a) on the Utah Public Notice Website described in Section 
63F-1-701
; and
(b) (i) on the public entity's public website; or
(ii) if the public entity does not have a public website, in a newspaper of general
circulation within the county in which the project area for which the entity provides the
assistance is located.
(3) The following are not subject to Sections 
10-8-2
 or 
17-50-312
:
(a) project area development assistance that a public entity provides under this section;
or
(b) a transfer of funds or property from an agency to a public entity.
Section 4. 
 Coordinating H.B. 17 with H.B. 15 -- Substantive and technical
amendments.
If this H.B. 17 and H.B. 15, Community Reinvestment Agency Amendments, both pass
and become law, it is the intent of the Legislature that the Office of Legislative Research and
General Counsel shall prepare the Utah Code database for publication by amending Section
17C-1-207
 to read:
"17C-1-207.
Public entities may assist with project area development.
(1) In order to assist and cooperate in the planning, undertaking, construction, or
operation of project area development within an area in which the public entity is authorized to
act, a public entity may:
(a) (i) provide or cause to be furnished:
(A) parks, playgrounds, or other recreational facilities;
(B) community, educational, water, sewer, or drainage facilities; or
(C) any other works which the public entity is otherwise empowered to undertake;
(ii) provide, furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or
replan streets, roads, roadways, alleys, sidewalks, or other places;
(iii) in any part of the project area:
(A) (I) plan or replan any property within the project area;
(II) plat or replat any property within the project area;
(III) vacate a plat;
(IV) amend a plat; or
(V) zone or rezone any property within the project area; and
(B) make any legal exceptions from building regulations and ordinances;
(iv) purchase or legally invest in any of the bonds of an agency and exercise all of the
rights of any holder of the bonds;
(v) 
notwithstanding any law to the contrary,
 enter into an agreement 
for a period of
time
 with another public entity concerning action to be taken pursuant to any of the powers
granted in this title;
(vi) do anything necessary to aid or cooperate in the planning or implementation of the
project area development;
(vii) in connection with the project area plan, become obligated to the extent
authorized and funds have been made available to make required improvements or construct
required structures; and
(viii) lend, grant, or contribute funds to an agency for project area development or
proposed project area development, including assigning revenue or taxes in support of an
agency bond or obligation; and
(b) [
days after posting public notice
] 
for less than fair market value or for no
consideration, and subject to Subsection (3)
:
(i) purchase or otherwise acquire property [
or
] 
from an agency;
(ii)
 lease property from [
the
] 
an
 agency; [
or
]
[
(ii)
] 
(iii)
 sell, grant, convey, 
donate,
 or otherwise dispose of the public entity's
property 
to an agency;
 or
(iv)
 lease the public entity's property to [
the
] 
an
 agency.
[
(2) Notwithstanding any law to the contrary, an agreement under Subsection (1)(a)(v)
may extend over any period.
]
[
(3) A grant or contribution of funds from a public entity to an agency, or from an
agency under a project area plan or project area budget, is not subject to the requirements of
Section 
10-8-2.
]
(2) The following are not subject to Sections 
10-8-2
 or 
17-50-312
:
(a) project area development assistance that a public entity provides under this section;
or
(b) a transfer of funds or property from an agency to a public entity.
(3) A public entity may provide assistance described in Subsection (1)(b) no sooner
than 15 days after the day on which the public entity posts notice of the assistance on:
(a) the Utah Public Notice Website described in Section 
63F-1-701
; and
(b) the public entity's public website.
"